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Agenda Packet Document 062116
AGENDA OF A REGULAR MEETING - NATIONAL CITY CITY COUNCIL/ COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY CALIFORNIA NATIONAL CJTV ytt J J INCORPORATED RON MORRISON Mayor JERRY CANO Vice Mayor ALBERT MENDIVIL Councilmember MONA RIOS Councilmember ALEJANDRA SOTELO-SOLIS Councilmember 1243 National City Blvd. National City 619-336-4240 Meeting agendas and minutes available on web WWW.NATIONALCI TYCA. GO V COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CALIFORNIA TUESDAY, JUNE 21, 2016 - 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. CONSENT CALENDAR: Consent calendar items involve matters which are of a routine or noncontroversial nature. All consent items are adopted by approval of a single motion by the City Council. Prior to such approval, any item may be removed from the consent portion of 1 of 535 CC/CDC-HA Agenda 6/21/2016 — Page 2 the agenda and separately considered, upon request of a Councilmember, a staff member, or a member of the public. Upon request, this agenda can be made available in appropriate alternative formats to persons with a disability in compliance with the Americans with Disabilities Act. Please contact the City Clerk's Office at (619) 336-4228 to request a disability -related modification or accommodation. Notification 24-hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. 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 535 CC/CDC-HA Agenda 6/21/2016 — Page 3 OPEN TO THE PUBLIC A. CITY COUNCIL CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE TO THE FLAG PUBLIC COMMENTS (THREE -MINUTE TIME LIMIT) PROCLAMATIONS AWARDS AND RECOGNITIONS 1. Employee of the Quarter 2016 - Police Corporal Alex Garcia. (Police) PRESENTATIONS 2. An Update on San Diego Association of Governments (SANDAG) San Diego Going Forward: The Regional Plan - Proposed Ballot Measure. (Mayor Morrison) 3. "Together We Can" (Beautification Efforts and Code Compliance) - (City Manager's Office and Neighborhood Services Department) INTERVIEWS / APPOINTMENTS CONSENT CALENDAR 4. Motion of the City Council of the City of National City approving the waiving of the reading of the text of the Ordinances considered at this meeting and providing that such Ordinances shall be introduced and/or adopted after a reading of the title only. (City Clerk) 5. Approval of the Minutes of the Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City of June 7, 2016. (City Clerk) 6. Resolution of the City Council of the City of National City calling and giving notice of a General Municipal Election to be held on Tuesday, November 8, 2016, for the election of two (2) members of the City Council, a City Treasurer and a City Clerk as required by the provisions of the laws of the State of California relating to General Law Cities. (City Clerk) 3 of 535 CC/CDC-HA Agenda 6/21/2016 — Page 4 7 Resolution of the City Council of the City of National City requesting the Board of Supervisors of the County of San Diego to consolidate a General Municipal election to be held on November 8, 2016, with the Statewide General Election to be held on the same date pursuant to Section 10403 of the Election Code. (City Clerk) 8. Resolution of the City Council of the City of National City adopting regulations for candidates for elective office pertaining to Candidates' Statements of Qualifications submitted to the voters at an Election to be held on Tuesday, November 8, 2016. (City Clerk) 9. Resolution of the City Council of the City of National City authorizing an appropriation increase and corresponding revenue budget increase in the amount of $70,000 for the EsGil Corporation for building plan check services for FY-2016. (Building/Fire) 10. Resolution of the City Council of the City of National City approving the report and account for Weed Abatement. (Fire) 11. Resolution of the City Council of the City of National City authorizing the Mayor to execute an agreement with AdminSure, Inc., effective August 1, 2016, for Workers Compensation Third Party administration and claims review in the initial amount of $3,852 for one-time conversion and $169,410 for administration, for a total cost of $173,262 for a period of two years; and authorizing the City Manager to execute future amendments extending the term of the agreement by one year increments for up to an additional three years. (Human Resources) 12. Resolution of the City Council of the City of National City approving a salary schedule for the Municipal Employees Association employee group for Fiscal Year 2016-2017 in compliance with the requirements of the California Public Employees Retirement System (CalPERS). (Human Resources) 13. Resolution of the City Council of the City of National City approving a salary schedule for the Police Officers Association employee group for Fiscal Year 2016-2017 in compliance with the requirements of the California Public Employees Retirement System (CaIPERS). (Human Resources) 14. Resolution of the City Council of the City of National City approving a salary schedule for the Part -Time and Seasonal employee group for Fiscal Year 2016-2017 in compliance with the requirement of the California Public Employees Retirement System (CaIPERS). (Human Resources) 15. Resolution of the City Council of the City of National City approving a salary schedule for the Management employee group for Fiscal Year 4 of 535 CC/CDC-HA Agenda 6/21/2016 — Page 5 2016-2017 in compliance with the requirements of the California Public Employees Retirement System (CaIPERS). (Human Resources) 16. Resolution of the City Council of the City of National City approving a salary schedule for the Executive employee group for Fiscal Year 2016- 2017 in compliance with the requirements of the California Public Employees Retirement System (CalPERS). (Human Resources) 17. Resolution of the City Council of the City of National City: 1. authorizing the Mayor to execute a second amendment to the Agreement with Able Patrol and Guard for the provision of security guard service to the Library, extending the term of the Agreement for one year, expiring June 30, 2017, for the not -to -exceed amount of $40,000; and 2. authorizing the City Manager to execute the two additional one-year term amendments as allowed by the Agreement, for amounts not to exceed $50,000 for each one-year term. (Library) 18. Resolution of the City Council of the City of National City: 1) accepting the work of EC Constructors, Inc. for the National City Aquatic Center Project, Specification No. 13-04; 2) approving the final contract amount of $3,716,557.64; 3) ratifying release of retention in the amount of $180,754.04; and 4) ratifying the filing of the Notice of Completion for the project. (Engineering/Public Works) 19. Resolution of the City Council of the City of National City authorizing, 1) the Mayor to execute Master Agreement Administering Agency -State Agreement for Federal -Aid Projects No. 11-5066F15 with the State of California Department of Transportation (Caltrans) to incorporate various changes in Federal regulations and polices; 2) the Mayor to execute Program Supplement Agreement No. F011 with Caltrans for the El Toyon- Las Palmas Bicycle Corridor Project to allow for reimbursement of up to $50,000 in eligible project expenditures for preliminary engineering through the Federal Active Transportation Program (ATP), and; 3) the appropriation of $50,000 for the project. (Enqineering/Public Works) 20. Resolution of the City Council of the City of National City: 1) accepting the work of MA Stevens Construction, Inc. for the National City Public Library Improvements Project, CIP No. 15-08, 2) approving the final contract amount of $872,798.55, 3) authorizing release of retention in the amount of $43,639.93, and 4) authorizing the Mayor to sign the Notice of Completion for the project. (Engineering/Public Works) 21. Investment transaction for the month ended April 30, 2016. (Finance) 22. Warrant Register #46 for the period of 05/11/16 through 05/17/16 in the amount of $2,692,637.22. (Finance) 5 of 535 CC/CDC-HA Agenda 6/21/2016 — Page 6 23. Warrant Register #47 for the period of 05/18/16 through 05/24/16 in the amount of $2,334,127.53. (Finance) PUBLIC HEARINGS 24. Continued Public Hearing — Proposed Street Vacation of a segment of "A" Avenue located south of East 28th Street and north of East 29th Street. *Continued from City Council Meeting of June 7, 2016* (Applicant: Frank Motors) (Case File No. 2013-23 SC) (Planning) 25. Public Hearing - Confirming the assessment and ordering the levy for the Landscape Maintenance District No. 1 (Mile of Cars) for Fiscal Year 2016/17. (Planning) **Companion Item #26** ORDINANCES FOR INTRODUCTION ORDINANCES FOR ADOPTION NON CONSENT RESOLUTIONS 26. Resolution of the City Council of the City of National City confirming the assessment and ordering the levy for the Landscape Maintenance District No. 1 (Mile of Cars) for Fiscal Year 2016/17. (Planning) **Companion Item #25** 27. Resolution of the City Council of the City of National City authorizing the City Council to waive the formal bid process pursuant to National City Municipal Code section 2.60.220, subsection (B), sole source procurement, for the Police Departments purchase of seventy (70) body worn cameras, cloud based storage of digital evidence, and internet data management through Evidence.com, including support services and onsite training to assist with implementation from Taser International, Inc. and authorize the City to award the purchase and authorize the Mayor to execute a five-year contract in the amount of $350,890.58 with Taser International, Inc. (Police) 28. Resolution of the City Council of the City of National City, 1) increasing the contract with Dick Miller, Inc. in the not to exceed amount of $170,800 for the Plaza Boulevard & 14th Street Improvements Project, CIP No. 15-10; and 2) authorizing the Mayor to execute Change Order No. 2 in the amount of $170,800 to provide and install eight solar powered, LED - enhanced pedestrian crossing sign systems at existing crosswalks. (Engineering/Public Works) 29. Resolution of the City Council of the City of National City, 1) ratifying the City Managers declaration of emergency work to address issues related to a ruptured 8-inch sewer line on the Westside Infill Transit Oriented Development (WI-TOD) site near Paradise Creek; 2) ratifying the waiving 6 of 535 CC/CDC-HA Agenda 6/21/2016 — Page 7 of competitive bidding procedures under emergency conditions consistent with the provisions included in Section 22050 "Emergency Contracting Procedures" of the California Public Contract Code and Section 2.60.230 "Emergency Purchases -Emergency Defined" of the National City Municipal Code; and 3) ratifying previous actions taken to provide emergency services as a result of the rupture of the sewer line as authorized by the City Manager, including but not limited to, procuring the necessary contractual services, equipment, materials and supplies to restore sewer service and ensure environmental compliance. (Engineering and Public Works) 30. Resolution of the City Council of the City of National City adopting City Council Policy #118 - City Council Attendance at Staff -level Working Groups. (City Manager) NEW BUSINESS 31. Response to request by City Council to provide updated reference information regarding the retail sale of animals in pet stores and related municipal codes. (Police) 32. Discussion regarding the order of items and reports that appear on the City Council regular meeting agenda. (City Manager) 33. City Council discussion of term limits for City Council members. (City Manager/City Clerk/City Attorney) B. COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY PUBLIC HEARINGS- HOUSING AUTHORITY CONSENT RESOLUTIONS- HOUSING AUTHORITY NON CONSENT RESOLUTIONS- HOUSING AUTHORITY 34. Resolution of the Community Development Commission -Housing Authority of the City of National City approving the Morgan and Kimball Tower budgets for Fiscal Year 2016-2017 including a $7 a month per unit increase from $707 to $714 for the total rent payment received at Morgan Tower without increasing the tenants share of the total rent payment for units assisted by the U.S. Department of HUD Project -based Section 8 Housing Assistance Program, and establishing an appropriation totaling $200,000 in the Kimball Tower budget to account for communications infrastructure improvements and a parking lot resurfacing project. (Housing, Grants, and Asset Management) NEW BUSINESS- HOUSING AUTHORITY 7 of 535 CC/CDC-HA Agenda 6/21/2016 — Page 8 C. REPORTS STAFF REPORTS 35. Notification on Upcoming EDCO Events: Paper shredding and E-waste recycling (July 23, 2016 from 9:00 am to 12:00 pm at City Hall parking lot) and large item drop-off (September 10, 2016 from 9:00 am to 12:00 pm at Kimball and Las Palmas Parks). (Engineering/Public Works) MAYOR AND CITY COUNCIL CLOSED SESSION REPORT ADJOURNMENT Adjourned Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City - Tuesday - August 2, 2016 - 5:00 p.m. - Council Chambers - National City, California. (Adjourned City Council meeting to start at 5:00 pm due to the "National Night Out Event") CITY COUNCIL SUMMER LEGISLATIVE RECESS July 5, 2016 - City Council Meeting - Suspended July 19, 2016 - City Council Meeting - Suspended 8 of 535 CC/CDC-HA Agenda 6/21/2016 — Page 9 The following page(s) contain the backup material for Agenda Item: Employee of the Quarter 2016 - Police Corporal Alex Garcia. (Police) 9 of 535 -N» CALIFORNIA NATIONAL ant nay #sconposaxsn CITY OF NATIONAL CITY MEMORANDUM DATE: June l , 2016 TO: Leslie Deese, City Manager FROM: Stacey Stevenson, Director of Administrative Services SUBJECT: EMPLOYEE OF THE QUARTER PROGRAM The Employee Recognition Program communicates the City's appreciation for outstanding performance. In doing so, it recognizes employees who maintain high standards of personal conduct and make significant contributions to the workplace and community. The employee to be recognized for the Second Quarter of calendar year 2016 is: Corporal Alex Garcia By copy of this memo, the employee is invited to attend the Council meeting on Tuesday, June 21, 2016 to be recognized for his achievement and service. Attachment cc: Corporal Alex Garcia Chief Rodriguez Lieutenant Alex Hernandez Sergeant Chris Sullivan Josie Flores -Clark — Executive Assistant 111 Human Resources — Office File 10 of 535 NATIONAL CITY POLICE DEPARTMENT MEMORANDUM RECEIVED Date: May 3, 2016 AAAY 2 4 2016 To: Manuel Rodri uez Chief of Police CITY OF U:4. �cin, CITY g � HC!l�tAN EiESQI'1tC@5 [tt]p•t HTRTttEtiT From: Chris Sullivan, Sergeant Subject: Performance Recognition Award nominee — Corporal Alex Garcia The National City Police Department is proud to nominate Corporal Alex Garcia for the Performance Recognition Award for his exceptional work and dedication to the community through his work with the National City Police Explorers as a police advisor. The National City Police Explorers is a volunteer program for the youth, ranging in age from 14 up to 21 years of age. The explorers receive mentorship, training, and discipline from police advisors. The police advisors are sworn police officers, who volunteer their personal time to mentor these youths who are interested in a career in law enforcement. Corporal Alex Garcia is a long time National City resident and Sweetwater High School graduate. Corporal Garcia began volunteering at our police department as a police explorer while attending high school. After serving with the police explorers, Corporal Garcia was hired as a police officer at a local police department, but chose to volunteer his time as a police advisor with the National City Police Department. Corporal Garcia volunteered for several years until he was hired with the National City Police Department over 12 years ago. Corporal Garcia continued to volunteer his time with the police explorers until recently, when he announced his separation from the explorer program in order to focus his attention on his young family. While the Department does not have the exact number of volunteer hours, it estimated Corporal Garcia has donated thousands of hours to the National City Police Explorer Program. Corporal Garcia was instrumental with the implementation of the explorer post non-profit status that has generated needed revenues for the organization. In addition, Corporal Garcia created the by-laws, which govern the explorer post to date. 1 11 of 535 Corporal Garcia has had the privilege of coordinating a part of the San Diego County Law Enforcement Academy for the past nine years. In this role, Corporal Garcia is responsible for a large group of police explorers throughout the county to provide them mentorship, training, physical education, and discipline during a weeklong stay in a college dormitory. These events highlight the great work, dedication and commitment Corporal Garcia has for the police explorer program that serves our community. Corporal Garcia has a passion for the program and its overall success. Corporal Garcia has actively recruited new police explorers to bring the department from as little as 7 to as many as 35. Throughout his time as a police advisor, Corporal Garcia mentored numerous police explorers. Some of these explorers followed in his footsteps into a law enforcement career. The National City Police Department is proud to nominate Corporal Alex Garcia for the Performance Recognition Award for his dedication, commitment and leadership with our police explorers. Respectfully, Sergeant Chris Sullivan 2 12 of 535 CC/CDC-HA Agenda 6/21/2016 — Page 13 The following page(s) contain the backup material for Agenda Item: An Update on San Diego Association of Governments (SANDAG) San Diego Going Forward: The Regional Plan - Proposed Ballot Measure. (Mayor Morrison) 13 of 535 ITEM # 6/21/16 PRESENTATION AN UPDATE ON SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) SAN DIEGO FORWARD: THE REGIONAL PLAN - PROPOSED BALLOT MEASURE (Mayor Morrison) 14 of 535 CC/CDC-HA Agenda 6/21/2016 — Page 15 The following page(s) contain the backup material for Agenda Item: "Together We Can" (Beautification Efforts and Code Compliance) - (City Manager's Office and Neighborhood Services Department) 15 of 535 ITEM # 6-21-16 PRESENTATION "TOGETHER WE CAN" (BEAUTIFICATION EFFORTS AND CODE COMPLIANCE) (CITY MANAGER'S OFFICE, NEIGHBORHOOD SERVICES DEPARTMENT) 16 of 535 CC/CDC-HA Agenda 6/21/2016 — Page 17 The following page(s) contain the backup material for Agenda Item: Motion of the City Council of the City of National City approving the waiving of the reading of the text of the Ordinances considered at this meeting and providing that such Ordinances shall be introduced and/or adopted after a reading of the title only. (City Clerk) 17 of 535 ITEM # 6-21-16 MOTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE WAIVING OF THE READING OF THE TEXT OF THE ORDINANCES CONSIDERED AT THIS MEETING AND PROVIDING THAT SUCH ORDINANCES SHALL BE INTRODUCED AND/OR ADOPTED AFTER A READING OF THE TITLE ONLY. (CITY CLERK) 18 of 535 CC/CDC-HA Agenda 6/21/2016 — Page 19 The following page(s) contain the backup material for Agenda Item: Approval of the Minutes of the Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City of June 7, 2016. (City Clerk) 19 of 535 Item # 06/21/16 APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY OF JUNE 7, 2016. (City Clerk) 20 of 535 Book 98 / Page 98 06-07-2016 DRAFT DRAFT DRAFT MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY June 7,2016 The Regular Meeting of the City Council and Community Development Commission — Housing Authority of the City of National City was called to order at 6:10 p.m. by Mayor / Chairman Ron Morrison. ROLL CALL Council / Board members present: Cano, Mendivil, Morrison, Rios, Sotelo-Solis. Administrative Officials present: Dalla, Deese, Denham, Duong, Manganiello, Parra, Prendell, Raulston, Roberts, Rodriguez, Silva, Stevenson, Vergara, Williams, Ybarra. Others present: City Treasurer Mitch Beauchamp and Student Representative Reah Sahagun. PLEDGE OF ALLEGIANCE TO THE FLAG BY MAYOR RON MORRISON PUBLIC COMMENTS Anita Brinkley and Ray Juarez, representing the Maytime Band Review Committee, extended an invitation to their Kick-off fundraiser schedule for June 17th at the Clarion Hotel. Sunshine Horton, El Cajon, shared politive messages of encouragement. Item No. 29 was taken up next. NEW BUSINESS ELECTION NOV 2004 — PROPOSITIONS (505-16-03) 29. City Council Discussion of Term Limit for the Office of Mayor. (City Manager) RECOMMENDATION: Request Council direction. TESTIMONY: None. ACTION: Motion by Mendivil, seconded by Rios, to bring forward Item No. 29 only for the purpose of pulling the item off the agenda. 21 of 535 Book 98 / Page 99 06-07-2016 NEW BUSINESS (cont.) ELECTION NOV 2004 — PROPOSITIONS (505-16-03) 29. City Council Discussion of Term Limit for the Office of Mayor. (City Manager) POINT OF CLARIFICATION: Member Sotelo-Solis asked for clarification: "So you're asking for it to be completely removed from the agenda with no comment"? Member Mendivil responded, "Yes." Member Rios asked for further clarification: "So just for the audience clarification. Item No. 29 which is the term limits is going to be pulled from the calendar. There will be no discussion which means that it is status quo"? Member Mendivil responded, "Yes." Mayor Morrison responded, "Yes, for this meeting from the Council perspective." ACTION: Motion carried by the following vote, to -wit: Ayes: Cano, Mendivil, Morrison, Rios. Nays: Sotelo-Solis. Abstain: None. Absent: None. AWARDS AND RECOGNITIONS COUNCIL MEETING PRESENTATIONS / AWARDS & RECOGNITIONS 2016 (102-10-11) 1. 2016 Emergency Medical Service Scholarship Award Winners - Carlos Aviles, Arol Guerrero, Justin Meza, Andrew Sanchez, and Jaquelin Villegas. (Fire) COUNCIL MEETING PRESENTATIONS / AWARDS & RECOGNITIONS 2016 (102-10-11) 2. American Public Works Association (APWA) San Diego Chapter & American Society of Civil Engineers (ASCE) San Diego Section 2016 Capital Project Awards. (Engineering/Public Works) Awards from the American Public Works Association (APWA) San Diego Chapter were received for the following National City Projects: • "Project of the Year Award" for "A" Avenue Green Street • "Honor Award" for 8th Street Smart Growth Revitalization • "Honor Award" for Highland Avenue Safety Enhancements • "Honor Award" for National City Community Corridors Awards from the American Society of Civil Engineers (ASCE) San Diego Chapter were received for the following National City Projects: • "Project of the Year Award: Urban Design & Beautification" for 8th Street Smart Growth Revitalization • "Project of the Year Award: Sustainable Technologies" for Highland Avenue Safety Enhancements. 22 of 535 CITY COUNCIL CONSENT CALENDAR Book 98 / Page 100 06-07-2016 ADOPTION OF CONSENT CALENDAR. Item No. 3 (NCMC), Item No. 4 (Minutes), Item Nos. 5 through 12 (Resolution No. 2016-71 through 2016-78), Item No. 13 (Report), Item No. 14 (TUP), Item Nos. 15 through 17 (Warrant Registers). Motion by Cano, seconded by Sotelo-Solis, to approve the Consent Calendar. Carried by unanimous vote. MUNICIPAL CODE 2016 (506-2-31) 3. MOTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE WAIVING OF THE READING OF THE TEXT OF THE ORDINANCES CONSIDERED AT THIS MEETING AND PROVIDING THAT SUCH ORDINANCES SHALL BE INTRODUCED AND/OR ADOPTED AFTER A READING OF THE TITLE ONLY. (City Clerk) ACTION: Approved. See above. APPROVAL OF MINUTES 4. APPROVAL OF THE MINUTES OF THE AND THE REGULAR MEETINGS OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY OF JUNE 2, 2015, FEBRUARY 16, 2016 AND MAY 17, 2016. (City Clerk) ACTION: Approved. See above. FINANCIAL MANAGEMENT 2015-2016 (204-1-31) 5. Resolution No. 2016-71. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE ACCEPTANCE OF $5,000 FROM AMERICAN MEDICAL RESPONSE, AND THE ESTABLISHMENT OF AN APPROPRIATION AND CORRESPONDING REVENUE BUDGET IN THE AMOUNT OF $5,000 FOR THE PURPOSE OF AWARDING FIVE 2016 EMERGENCY MEDICAL SERVICE SCHOLARSHIPS TO PURSUE TRAINING IN FIRE SERVICE OR PREHOSPITAL CARE SUCH AS EMERGENCY MEDICAL TECHNICIAN AND/OR PARAMEDIC. (Fire) ACTION: Adopted. See above. 23 of 535 Book 98 / Page 101 06-07-2016 CONSENT CALENDAR (cont.) CONTRACT (C2015-36) 6. Resolution No. 2016-72. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY: 1) ACCEPTING THE WORK OF JUST CONSTRUCTION, INC. FOR THE PARADISE VALLEY ROAD PEDESTRIAN AND DRAINAGE ENHANCEMENTS, CIP NO. 15-03, 2) APPROVING THE FINAL CONTRACT AMOUNT OF $231,173.38, 3) AUTHORIZING RELEASE OF RETENTION IN THE AMOUNT OF $11,558.67, AND 4) AUTHORIZING THE MAYOR TO SIGN THE NOTICE OF COMPLETION FOR THE PROJECT. (Engineering/Public Works) ACTION: Adopted. See above. CONTRACT (C2006-63) 7. Resolution No. 2016-73. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO 1) EXECUTE A FIRST AMENDMENT TO THE AGREEMENT WITH DOKKEN ENGINEERING, INC. TO INCREASE THE NOT -TO -EXCEED AMOUNT OF THE AGREEMENT BY $100,000 TO PROVIDE PROJECT MANAGEMENT, ENGINEERING AND CONSTRUCTION SUPPORT SERVICES FOR THE PLAZA BOULEVARD WIDENING PROJECT, AND 2) AUTHORIZING THE APPROPRIATION OF $100,000 IN THE PLAZA BOULEVARD WIDENING PROJECT ACCOUNT FROM TRANSPORTATION DEVELOPMENT IMPACT FEE FUND BALANCE. (Engineering/Public Works) ACTION: Adopted. See above. COMMUNITY DEVELOPMENT LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MILE OF CARS) (406-2-8) 8. Resolution No. 2016-74. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY INITIATING PROCEEDINGS FOR THE LEVY AND COLLECTION OF ASSESSMENTS FOR LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MILE OF CARS) FOR FISCAL YEAR 2016/17. (Planning) ACTION: Adopted. See above. COMMUNITY DEVELOPMENT LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MILE OF CARS) (406-2-8) 9. Resolution No. 2016-75. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE ANNUAL REPORT FOR LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MILE OF CARS) FOR FISCAL YEAR 2016/17. (Planning) ACTION: Adopted. See above. 24 of 535 Book 98 / Page 102 06-07-2016 CONSENT CALENDAR (cont.) COMMUNITY DEVELOPMENT LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MILE OF CARS) (406-2-8) 10. Resolution No. 2016-76. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DECLARING ITS INTENTION TO CONDUCT A PUBLIC HEARING ON JUNE 21, 2016 AND TO LEVY AND COLLECT ASSESSMENTS FOR LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MILE OF CARS) FOR FISCAL YEAR 2016/17. (Planning) ACTION: Adopted. See above. CONTRACT (C2016-26) 11. Resolution No. 2016-77. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY WAIVING THE PUBLIC WORKS CONTRACT BID PROCESS, AUTHORIZING THE MAYOR TO EXECUTE A DEMOLITION CONTRACT IN THE NOT -TO -EXCEED AMOUNT OF $132,715 THAT INCLUDES A 25% CONTINGENCY WITH WHILLOCK CONTRACTING, INC. FOR THE PLAYHOUSE ON PLAZA DEMOLITION PROJECT, AND ESTABLISHING A PROJECT APPROPRIATION TOTALING $253,001 TO ACCOUNT FOR THE DEMOLITION CONTRACT AND RELATED EXPENSES. (Housing, Grants, and Asset Management) ACTION: Adopted. See above. FINANCIAL MANAGEMENT 2016-2017 (204-1-32) 12. Resolution No. 2016-78. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AND ADOPTING THE ANNUAL APPROPRIATION LIMIT FOR FISCAL YEAR 2017 OF $56,681,061. (Finance) ACTION: Adopted. See above. FINANCIAL MANAGEMENT 2015-2016 (204-1-31) 13. Investment Report for the quarter ended March 31, 2016. (Finance) ACTION: Filed. See above. TEMPORARY USE PERMITS 2016 (203-1-32) 14. Temporary Use Permit — "Movies in the Park" — Addition of a 1-mile Fun Run/Walk at Las Palmas Park hosted by the Community Services Department on July 8, 2016 from 6:45 p.m. to 8 p.m., "Movies in the Park" is a National City sponsored event per Council Policy #802. (Neighborhood Services) ACTION: Approved. See above. 25 of 535 Book 98 / Page 103 06-07-2016 CONSENT CALENDAR (cont.) WARRANT REGISTER JULY 2015 — JUNE 2016 (202-1-30) 15. Warrant Register #43 for the period of 04/20/16 through 04/26/16 in the amount of $1,641,449.34. (Finance) ACTION: Ratified. See above. WARRANT REGISTER JULY 2015 — JUNE 2016 (202-1-30) 16. Warrant Register #44 for the period of 04/27/16 through 05/03/16 in the amount of $889,815.67. (Finance) ACTION: Ratified. See above. WARRANT REGISTER JULY 2015 — JUNE 2016 (202-1-30) 17. Warrant Register #45 for the period of 05/04/16 through 05/10/16 in the amount of $2,745,847.79. (Finance) ACTION: Ratified. See above. PUBLIC HEARINGS STREET VACATION ADMIN 2011-2020 (902-26-6) 18. Continued Public Hearing — Proposed Street Vacation of a segment of "A" Avenue located south of East 28th Street and north of East 29th Street. *Continued off calendar at City Council Meeting of June 2, 2015* (Applicant: Frank Motors) (Case File No. 2013-23 SC) (Planning) RECOMMENDATION: Determine that no present or prospective public use would be affected by partial closure of "A" Avenue, based on facts contained in the staff report. TESTIMONY: Ron Fornaca, representing the applicant, made a presentation and responded to questions. Jonathan Romero, National City, spoke against the street vacation. Joe Leon, National City, spoke against the street vacation. ACTION: Motion by Cano, seconded by Mendivil, to continue the Public Hearing to the June 21, 2016 Council Meeting to get more information. Carried by unanimous vote. 26 of 535 Book 98 / Page 104 06-07-2016 PUBLIC HEARINGS (cont.) ABATEMENT WEED 2016 (402-3-15) 19. Public Hearing — Weed Abatement: Hearing of the Confirmation of Costs and consideration of report, account and any objections or protests regarding abated properties in National City Parcel Numbers 556 103 19 00, 229 E 3rd St.; 556 127 05 00, 322-340 Highland Ave.; 556 313 05 00, 1024 E 4th St.; 556 314 04 00, 427 "K" Ave.; 557 172 09 00, 1302-1306 E 8th St.; 557 410 26 00, Palm Ave.; 558 270 21 00, 1918 Rachael Ave.; 558 320 21 00, Rachael Ave.; 558 320 22 00, 2112 Rachael Ave.; 561 060 23 00, 1710 "J" Ave.; 561 160 21 00, 2240 E 16th St.; 563 070 26 00, 2530 Euclid Ave.; 564 010 55 00, Fenton Place; per National City Municipal Code 9.12.020 Public Nuisance Declared Weeds and Other Flammable Materials. (Fire) RECOMMENDATION: City Council by Resolution approves the Report and Account as submitted or as modified or corrected by City Council. TESTIMONY: Larry Mangdsen, National City, said no work was done on his property. ACTION: Motion by Rios, seconded by Mendivil, to close the Public Hearing. Carried by unanimous vote. SEWER CAPACITY / FEES ADMIN (906-1-4) 20. Public Hearing — To consider adoption of the National City 2016/2017 Tax Roll Sewer Service Fees report, which identifies by parcel number, each parcel of real property receiving sewer services and the amount of sewer charges for each parcel for FY 2016-17 as required by the California Health and Safety Code Section 5473, et seq., pertaining to collection of sewer charges on the tax roll; there are no proposed rate increases for FY 2016-17. (Engineering/Public Works) **Companion Item #22** RECOMMENDATION: Hold Public Hearing to consider the National City 2016/2017 Tax Roll Sewer Service Fees report. TESTIMONY: None. ACTION: Motion by Sotelo-Solis, seconded by Cano, to close the Public Hearing. Carried by unanimous vote. PROP A TRANSNET (RTIP) ADMIN (205-5-1) 21. Public Hearing — To consider Amendment No. 13 to the 2014 Regional Transportation Improvement Program (RTIP) for National City to increase programming of local TransNet (Prop A) funding for the Citywide Safe Routes to School project (NC15) in the amount of $364,000 through a transfer of funds from Plaza Boulevard Widening (NC01) and Highland Avenue Community Corridor (NC13). (Engineering/Public Works) **Companion Item #23** 27 of 535 Book 98 / Page 105 06-07-2016 PUBLIC HEARINGS (cont.) PROP A TRANSNET (RTIP) ADMIN (205-5-1) 21. Public Hearing — To consider Amendment No. 13 to the 2014 Regional Transportation Improvement Program (RTIP (continued). RECOMMENDATION: Hold Public Hearing to consider Amendment No. 13 to the 2014 Regional Transportation Improvement Program (RTIP) for National City. TESTIMONY: None. ACTION: Motion by Sotelo-Solis, seconded by Cano, to close the Public Hearing. Carried by unanimous vote. NON CONSENT RESOLUTIONS SEWER CAPACITY / FEES ADMIN (906-1-4) 22. Resolution No. 2016-79. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE NATIONAL CITY 2016/2017 TAX ROLL SEWER SERVICE FEES REPORT, WHICH IDENTIFIES BY PARCEL NUMBER, EACH PARCEL OF REAL PROPERTY RECEIVING SEWER SERVICES AND THE AMOUNT OF SEWER CHARGES FOR EACH PARCEL FOR FY 2016-17 AS REQUIRED BY THE CALIFORNIA HEALTH AND SAFETY CODE SECTION 5473, ET SEQ., PERTAINING TO COLLECTION OF SEWER CHARGES ON THE TAX ROLL. (Engineering/Public Works) **Companion Item #20** RECOMMENDATION: Approve the National City 2016/2017 Tax Roll Sewer Service Fees report. TESTIMONY: None. ACTION: Motion by Rios, seconded by Cano, to adopt the Resolution. Carried by unanimous vote. PROP A TRANSNET (RTIP) ADMIN (205-5-1) 23. Resolution No. 2016-80. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING AMENDMENT NO. 13 TO THE 2014 REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM (RTIP) FOR NATIONAL CITY TO INCREASE PROGRAMMING OF LOCAL TRANSNET (PROP A) FUNDING FOR THE CITYWIDE SAFE ROUTES TO SCHOOL PROJECT (NC15) IN THE AMOUNT OF $364,000 THROUGH A TRANSFER OF FUNDS FROM PLAZA BOULEVARD WIDENING (NC01) AND HIGHLAND AVENUE COMMUNITY CORRIDOR (NC13). (Engineering/Public Works) **Companion Item #21** 28 of 535 Book 98 / Page 106 06-07-2016 NON CONSENT RESOLUTIONS (cont.) PROP A TRANSNET (RTIP) ADMIN (205-5-1) 23. Resolution No. 2016-80 (continued). RECOMMENDATION: Adopt Resolution authorizing an Amendment to the 2014 RTIP for National City to increase programming of local TransNet (Prop A) funding for the Citywide Safe Routes to School project in the amount of $364,000. TESTIMONY: None. ACTION: Motion by Cano, seconded by Sotelo-Solis, to adopt the Resolution. Carried by unanimous vote. COUNCIL POLICY MANUAL (102-13-1) 24. Resolution No. 2016-81. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE AMENDMENT OF CITY COUNCIL POLICY #201, "MAINTENANCE OF RESERVE FUNDS," TO ESTABLISH A GENERAL FUND FACILITIES MAINTENANCE RESERVE AND TO DESIGNATE RESERVES AS COMMITTED FUND BALANCES WITHIN THEIR RESPECTIVE FUNDS. (Finance) RECOMMENDATION: Adopt the Resolution amending City Council Policy #201, "Maintenance of Reserve Funds." TESTIMONY: None. ACTION: Motion by Sotelo-Solis, seconded by Cano, to adopt the Resolution. Carried by unanimous vote. BUDGET FY 2016-2017 (206-1-32) 25. Resolution No. 2016-82. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING A BUDGET FOR FISCAL YEAR 2017. (Finance) RECOMMENDATION: Accept staff's recommendations, adopting the City of National City Fiscal Year 2017 Proposed Budget as presented. TESTIMONY: Jacqueline Reynoso, National City Chamber of Commerce spoke in support of a proposal from the Chamber for an additional $50,000 in funding. ACTION: Motion by Rios, seconded by Sotelo-Solis, to appropriate an additional $50,000 for the Chamber of Commerce. Failed by the following vote, to -wit: Ayes: Rios, Sotelo-Solis. Nays: Cano, Mendivil, Morrison. Abstain: None. Absent: None. Motion by Sotelo-Solis, seconded by Rios, to approve budget with an additional $25,000 for the Chamber of Commerce. Failed by the following vote, to -wit: Ayes: Rios, Sotelo-Solis. Nays: Cano, Mendivil, Morrison. Abstain: None. Absent: None. Motion by Mendivil, seconded by Morrison, to adopt the Fiscal Year 2017 Proposed Budget as presented. Carried by unanimous vote. 29 of 535 Book 98 / Page 107 06-07-2016 NEW BUSINESS CONDITIONAL USE PERMITS 2016 (403-31-1) 26. Notice of Decision — Planning Commission denial of a Conditional Use Permit for beer and wine sales at Gama Produce located at 1605 East 4th Street. (Applicant: Susana Maza) (Case File 2015-28 CUP) (Planning) RECOMMENDATION: Staff recommends that the Notice of Decision be filed. TESTIMONY: None. ACTION: Motion by Rios, seconded by Mendivil, to set for Public Hearing on August 2, 2016. Carried by unanimous vote. STATEMENT OF ECONOMIC INTERESTS ADMIN (503-10-1) 27. Directive from City Council (Code Reviewing Body) for staff to review the City's Conflict of Interest Code and return with the completed code review, including any updates if needed, prior to October 1, 2016, per Government Code Section 87306.5. (City Attorney) RECOMMENDATION: Direct staff to review the City's Conflict of Interest Code and return with the completed code review, including any updates if needed, prior to October 1, 2016, per Government Code Section 87306.5. TESTIMONY: None. ACTION: Motion by Rios, seconded by Cano, to approve staff recommendation. Carried by the following vote, to -wit: Ayes: Cano, Morrison, Rios, Sotelo-Solis. Nays: None. Abstain: None. Absent: Mendivil. COUNCIL POLICY MANUAL (102-13-1) BOARDS & COMMISSIONS ADMIN (101-1-1) 28. City Council Attendance at Staff -level Working Groups and Consideration of Draft City Council Policy #118. (City Manager) RECOMMENDATION: Council direction requested. TESTIMONY: None. ACTION: Motion by Rios, seconded by Sotelo-Solis, to continue status quo. Failed by the following vote, to -wit: Ayes: Rios, Sotelo- Solis. Nays: Cano, Mendivil, Morrison. Abstain: None. Absent: None. Motion by Morrison, seconded by Cano, to come back with a policy based on position, seniority, availability and desire and a term duration of two years. Carried by the following vote, to -wit: Ayes: Cano, Mendivil, Morrison. Nays: Rios, Sotelo-Solis. Abstain: None. Absent: None. 30 of 535 Book 98 / Page 108 06-07-2016 NEW BUSINESS (cont.) XXXXX 29. City Council Discussion of Term Limit for the Office of Mayor. (City Manager) ACTION: Item was taken up earlier in the meeting. See above. COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY NON CONSENT RESOLUTIONS — HOUSING AUTHORITY HOUSING AUTHORITY 2016 (404-1-5) CONTRACT (C2016-27) 30. Resolution No. 2016-37. RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY OF THE CITY OF NATIONAL AUTHORIZING THE CHAIRMAN TO EXECUTE A LETTER OF COMMITMENT APPROVING THE COMMENCEMENT OF NEGOTIATIONS FOR AN ASSIGNMENT AND ASSUMPTION AGREEMENT OF UP TO $7,646,055 IN CDC -HA LOANS SUBJECT TO MUTUALLY ACCEPTABLE TERMS THAT WILL ENABLE THE REFINANCING AND REHABILITATION OF VISTA DEL SOL APARTMENTS LOCATED AT 1545 "Q" AVE IN NATIONAL CITY. (Housing, Grants, and Asset Management) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Sotelo-Solis, seconded by Cano, to adopt the Resolution. Carried by unanimous vote. HOUSING AUTHORITY 2016 (404-1-5) 31. Resolution No. 2016-38. RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY ADOPTING A LOCAL PREFERENCE POLICY FOR NEW AFFORDABLE HOUSING DEVELOPMENT PROJECTS IN THE CITY OF NATIONAL CITY FOR UNITS RESTRICTED AT OR BELOW 80% OF AREA MEDIAN INCOME AND SUBJECT TO A GROUND LEASE WITH THE COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY WITH A TERM OF AT LEAST 55 YEARS. (Housing, Grants, and Asset Management) RECOMMENDATION: Adopt the Resolution. TESTIMONY: Alycia Sanchez, National City, spoke in support. Carmen Roa inquired about who will occupy the housing and the need to select National City residents. Llesenia Cevallos, National City, spoke in support. 31 of 535 Book 98 / Page 109 06-07-2016 NON CONSENT RESOLUTIONS — HOUSING AUTHORITY (continued) 31. Resolution No. 2016-38 (continued) TESTIMONY: Carolina Martinez, Environmental Health Coalition, thanked staff for their efforts on behalf of residents and spoke in support of the resolution. ACTION: Motion by Sotelo-Solis, seconded by Cano, to adopt the Resolution. Carried by unanimous vote STAFF REPORTS Executive Director Brad Raulston reminded everyone about Movies in the Park on Friday and the planned Skate Park Dedication. MAYOR AND CITY COUNCIL City Treasurer Mitch Beauchamp thanked the Council for their support for establishing the Facilities Maintenance Reserve Fund. Member Mendivil made the following statement: "I'm sorry to bring this back up but I have to. When one of the Council Members says that the only reason I want this is because the Mayor wants it, it's not true. So I need to make that public and every time a Councilmember brings that up I'm going to rebut it. That is going to be heard on the airways". Member Mendivil praised the Las Palmas School 5K event for 6th Grade Camp and said he was pleased to pass on a contribution of $1,000 to the school from a generous National City supporter. Member Mendivil said he believes the City Council should have term limits. He made a motion "that we bring that back next meeting for discussion to consider term limits for Council". He restated the motion to be: "to put that on the agenda for next meeting to discuss the possibility of term limits for City Council". There was no second to the motion and there was no vote. Member Sotelo-Solis said that for the transparency that was being discussed, she would like to support looking at term limits for City Council Members and thinks it is a great idea to look at. She also said she was excited about the ribbon cutting for the Skate Park on Friday. Member Rios made the following statement: "I too need to clarify because I think Mr. Mendivil does know that he did tell me that the Mayor wanted this, so I really want to put it on the record since he seem to protest too much, as they say". 32 of 535 Book 98 / Page 110 06-07-2016 MAYOR AND CITY COUNCIL (continued) Member Rios said she would like staff to bring back for discussion at the next meeting ways for making policy earlier in the meeting so we can have the engagement or notice of the community. She also asked for information on the Presidents Promise Zone initiative and what it means for the City and encouraged everyone to support the Maytime Band Review fundraising event. Vice Mayor Cano highlighted the Mabuhay Festival, Las Palmas 5K Run, the Skate Pak Dedication, the projects undertaken by ARTS, public bathroom improvements and Sweetwater High Basketball and Baseball teams. Member Cano said he believes we should think about Council Districts so we are able to have a diversity of people representing our city. He believes we should divide the City into four equal parts and have accountability for each of those four districts. Mayor Morrison advised that there will be a delay in his report to the City Council on the San Diego Association of Governments' (SANDAG) San Diego Forward Plan, reported on new conservation garden projects by Sweetwater Authority including one in National City as well as the $800,000 in scholarships received by Sweetwater High Seniors and presented a check to the City Manager for $18,000 from the Regional Solid Waste Association. CLOSED SESSION REPORT City Attorney Claudia Silva stated there was nothing to report from the Closed Session. (See attached Exhibit `L') ADJOURNMENT Motion by Sotelo-Solis, seconded by Mendivil, to adjourn the meeting to the next Regular Meeting of the City Council and Community Development Commission — Housing Authority of the City of National City to be held Tuesday, June 21, 2016 at 6:00 p.m. at the Council Chambers, National City, California. Carried by unanimous vote. The meeting closed at 10:45 p.m. City Clerk The foregoing minutes were approved at the Regular Meeting of June 21, 2016. 33 of 535 Mayor 2016 City Council Summer Legislative Recess • July 5 — City Council Meeting — Suspended • July 19 — City Council Meeting — Suspended 34 of 535 EXHIBIT 'L' r=: CALIFORNIA :..d. NATIONAL CITY 3NCORPORA'rED - AGENDA OF A SPECIAL MEETING CITY COUNCIL OF THE CITY OF NATIONAL CITY Main Conference Room Civic Center 1243 National City Boulevard National City, California Special Meeting — Tuesday, June 7, 2016 — 5:00 p.m. ROLL CALL CLOSED SESSION CITY COUNCIL 1. Conference with Legal Counsel — Existing Litigation Government Code Section 54956.9 (d)(1) McDini's Restaurant Corp. v. City of National City San Diego Superior Court Case No. 37-2015-00043115-CU-MC-CTL 2. Conference with Legal Counsel — Existing Litigation Government Code Section 54956.9 (d)(1) City of National City v. Ben Adler, et al. San Diego Superior Court Case No. 37-2010-00092488-CU-MC-CTL 3. Conference with Legal Counsel — Anticipated Litigation Initiation of Litigation Pursuant to Government Code Section 54956.9(d)(4) One Potential Case 4. Conference with Labor Negotiators — Government Code Section 54957.6 Agency Designated Representatives: Stacey Stevenson Employee Organization: Confidential Group ADJOURNMENT Next Regular Meeting of the City Council and Community Development Commission — Housing Authority of the City of National City will be held Tuesday, June 7, 2016, 6:00 p.m., Council Chambers, Civic Center 35 of 535 CC/CDC-HA Agenda 6/21/2016 — Page 36 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City calling and giving notice of a General Municipal Election to be held on Tuesday, November 8, 2016, for the election of two (2) members of the City Council, a City Treasurer and a City Clerk as re 36 of 535 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 21, 2016 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City calling and giving notice of a General Municipal Election to be held on Tuesday, November 8, 2016, for the election of two members of the City Council, a City Treasurer and a City Clerk as required by the provisions of the laws of the State of California relating to General Law Cities. (City Clerk) PREPARED BY: Michael R. Dalla DEPARTMENT: City Clerk PHONE: 619-336-42261 APPROVED BY: EXPLANATION: The proposed Resolution would call and give notice of a General Municipal Election to be held on November 8, 2016, for the purpose of electing two (2) members of the City Council for a full term of Four (4) years, a City Treasurer for a full term of four (4) years and a City Clerk for a full term of four (4) years. FINANCIAL STATEMENT: ACCOUNT NO. 001-402-021-200 APPROVED: APPROVED: Sufficient funds are available to place the measure on the ballot. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Proposed Resolution 37 of 535 RESOLUTION NO. 2016 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY CALLING AND GIVING NOTICE OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2016, FOR THE ELECTION OF TWO MEMBERS OF THE CITY COUNCIL, A CITY TREASURER, AND A CITY CLERK AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES WHEREAS, under the provisions of the laws relating to General Law cities in the State of California, a General Municipal Election shall be held on November 8, 2016, for the election of municipal officers. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: SECTION 1. That pursuant to the requirements of the laws of the State of California relating to General Law cities, there is called and ordered to be held in the City of National City, California, on Tuesday, November 8, 2016, a General Municipal Election for the purpose of electing two (2) members of the City Council for a full term of four (4) years each, a City Treasurer for a full term of four (4) years, and a City Clerk for a full term of four (4) years. SECTION 2. That the ballots to be used at the election shall be in form and content as required by law. SECTION 3. That the City Clerk is authorized, instructed, and directed to coordinate with the County of San Diego Registrar to procure and furnish any and all official ballots, notices, printed matter, and all supplies, equipment, and paraphernalia that may be necessary in order to properly and lawfully conduct the election. SECTION 4. That the polls for the election shall be open at seven o'clock a.m. of the day of the election and shall remain open continuously from that time until eight o'clock p.m. of the same day when the polls shall be closed, except as provided in Section 14401 of the Elections Code of the State of California. SECTION 5. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. SECTION 6. That notice of the time and place of holding the election is hereby given and the City Clerk is authorized, instructed, and directed to give further or additional notice of the election, in time, form, and manner as required by law. SECTION 7. That the City Clerk shall certify to the passage and adoption of the Resolution and enter it into the book of original Resolutions of the City. [Signature Page to Follow] 38 of 535 Resolution No. 2016 — Page Two PASSED and ADOPTED this 21st day of June, 2016. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor 39 of 535 CC/CDC-HA Agenda 6/21/2016 — Page 40 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City requesting the Board of Supervisors of the County of San Diego to consolidate a General Municipal election to be held on November 8, 2016, with the Statewide General Election to be held on the sa 40 of 535 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 21, 2016 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City requesting the Board of Supervisors of the County of San Diego to consolidate a General Municipal election to be held on November 8, 2016, with the Statewide General Election to be held on the same date pursuant to Section 10403 of the Election Code. (City Clerk) PREPARED BY: Michael R. Dalla DEPARTMENT: City Clerk PHONE: 619-336-4226 APPROVED BY: EXPLANATION: Section 10403 of the California Elections Code authorizes the City to place an election ballot on the same ballot as that provided for a statewide election, and to consolidate a General Municipal Election with a statewide election, upon the filing with the County Board of Supervisors of a resolution of the City Council requesting the consolidation. The proposed resolution would satisfy the requirements of Section 10403. FINANCIAL STATEMENT: ACCOUNT NO. 001-402-021-200 APPROVED: APPROVED: Sufficient funds are available to place the measure on the ballot. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Proposed Resolution 41 of 535 RESOLUTION NO. 2016 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8, 2016, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE SAME DATE PURSUANT TO SECTION 10403 OF THE ELECTION CODE WHEREAS, the City Council of the City of National City called a General Municipal Election to be held on November 8, 2016, for the purpose of the election of two (2) members of the City Council for a full term of four (4) years each, a City Treasurer for a full term of four (4) years, and a City Clerk for a full term of four (4) years; and WHEREAS, it is desirable that the General Municipal Election be consolidated with the statewide general election to be held on the same date, and that within the City the precincts, polling places and election officers for the two elections be the same, and that the Registrar of Voters of the County of San Diego canvass the returns of the General Municipal Election, and that the election be held in all respects as if there were only one election. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: SECTION 1. That pursuant to the requirements of Section 10403 of the Elections Code, the Board of Supervisors of the County of San Diego is hereby requested to consent and agree to the consolidation of a General Municipal Election with the statewide general election on Tuesday, November 8, 2016, for the purpose of the election of two (2) members of the City Council for a full term of four (4) years each, a City Treasurer for a full term of four (4) years, and a City Clerk for a full term of four (4) years. SECTION 2. That the Registrar of Voters is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. SECTION 3. That the Board of Supervisors is requested to issue instructions to the Registrar of Voters to take any and all steps necessary for the holding of the consolidated election. SECTION 4. That the City of National City recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any such costs. SECTION 5. That the City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the Registrar of Voters of the County of San Diego. SECTION 6. That the City Clerk shall certify to the passage and adoption of this Resolution, and enter it into the book of originals Resolutions of the City. [Signature Page to Follow] 42 of 535 Resolution No. 2016 — Page Two PASSED and ADOPTED this 21st day of June, 2016. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor 43 of 535 CC/CDC-HA Agenda 6/21/2016 — Page 44 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City adopting regulations for candidates for elective office pertaining to Candidates' Statements of Qualifications submitted to the voters at an Election to be held on Tuesday, November 8, 2016. (Ci 44 of 535 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 21, 2016 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City adopting regulations for candidates for elective office pertaining to Candidates' Statements of Qualifications submitted to the voters at an Election to be held on Tuesday, November 8, 2016. (City Clerk) PREPARED BY: Michael R. Dalla PHONE: 619-336-4226 EXPLANATION: DEPARTMENT: City Clerk APPROVED BY: We are required by law to adopt regulations for Candidates' Statements of Qualifications prior to each Municipal Election. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Proposed Resolution 45 of 535 RESOLUTION NO. 2016 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES' STATEMENTS OF QUALIFICATIONS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2016 WHEREAS, Section 13307 of the Elections Code of the State of California provides that the governing body of any local agency adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidates' statements. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: Section 1. GENERAL PROVISIONS. That pursuant to Section 13307 of the Elections Code of the State of California, each candidate for elective office to be voted for at an election to be held in the City of National City, California on Tuesday, November 8, 2016, may prepare a candidate's statement on an appropriate form provided by the City Clerk. The statement may include the name, age, and occupation of the candidate, and a brief description of no more than 200 words of the candidate's education and qualifications expressed by the candidate himself or herself. The statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations. The statement shall be filed in typewritten form in the Office of the City Clerk at the time the candidate's nomination papers are filed. The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 6:00 p.m. of the next working day after the close of the nomination period. Section 2. FOREIGN LANGUAGE POLICY. a. Pursuant to state law, the candidates' statement must be translated and printed in Spanish. b. Pursuant to the Voting Rights Act of 1965 (as amended) and the Memorandum of Agreement between the County of San Diego and the United States Department of Justice dated June 23, 2004, the City is required to translate candidates' statements into the following languages in addition to English: Spanish, Tagalog, Vietnamese, and Chinese. c. The City Clerk shall have all candidates' statements translated into the language specified in (b) above. Section 3. PAYMENT. The candidate shall be required to pay for the cost of printing the candidate's statement in a foreign language. The City Clerk shall estimate the total cost of printing, handling, translating, and mailing the candidates' statements filed pursuant to this section, including costs incurred as a result of complying with the Voting Rights Act of 1965 (as amended), and require each candidate filing a statement to pay in advance to the local agency his or her estimated pro-rata share as a condition of having his or her statement included in the voter's pamphlet. In the event the estimated payment is required, the estimate is just an approximation of the actual cost that varies from one election to another election and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements. Accordingly, the City Clerk is not bound by the estimate and may, on a pro-rata 46 of 535 Resolution No. 2016 — June 21, 2016 Page 2 basis, bill the candidate for additional actual expense or refund any excess paid depending on the final actual cost. In the event of underpayment, the City Clerk may require the candidate to pay the balance of the cost incurred. In the event of overpayment, the City Clerk shall pro -rate the excess amount among the candidates and refund the excess amount paid within 30 days of the election. Section 4. ADDITIONAL MATERIALS. No candidate will be permitted to include additional materials in the sample ballot package. Section 5. COPY OF RESOLUTION. The City Clerk shall provide each candidate or the candidate's representative with a copy of this Resolution at the time nominating petitions are issued. Section 6. REPEAL OF PREVIOUS RESOLUTIONS. All previous resolutions establishing Council Policy on payment for candidates' statements are repealed. Section 7. APPLICABILITY. This Resolution shall apply only to the election to be held on November 8, 2016, and shall then be repealed. Section 8. CERTIFICATION BY CITY CLERK. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions. PASSED and ADOPTED this 21st day of June, 2016. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor 47 of 535 CC/CDC-HA Agenda 6/21/2016 — Page 48 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing an appropriation increase and corresponding revenue budget increase in the amount of $70,000 for the EsGil Corporation for building plan check services for FY-2016. (Building/Fire) 48 of 535 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 21, 2016 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing an appropriation increase and corresponding revenue budget increase in the amount of $70,000 for the EsGiI Corporation for building plan check services for FY-2016. (Building/Fire) PREPARED BY: Frank Parra DEPARTMENT: Bu' .'... d Fir PHONE: 619-336-4551, APPROVED BY: EXPLANATION: The National City Building and Fire Departments have seen a ontinued increase in submittals for Plan checks and Inspections. This trend began last year and continues into this year. These increases have exhausted our initial appropriation for FY-2016. As a result, this request is to authorize an appropriation increase and corresponding revenue budget increase in the amount of $70,000. The expense is completely offset by revenue collected at the time of plan submittals. FINANCIAL STATEMENT: ACCOUNT NO. 120-00000-3545 — Revenue account 120-412-028-213-0000 - Professional Services No negative impact. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: \—(fl �<l- ( Finance APPROVED: MIS STAFF RECOMMENDATION: Staff recommends authorizing an appropriation increase and corresponding revenue budget increase in the amount of $70,000. BOARD I COMMISSION RECOMMENDATION: ATTACHMENTS: Resolution 49 of 535 RESOLUTION NO. 2016 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING AN APPROPRIATION AND CORRESPONDING REVENUE BUDGET INCREASE IN THE AMOUNT OF $70,000 FOR THE ESGIL CORPORATION FOR BUILDING PLAN CHECK SERVICES FOR FISCAL YEAR 2016 WHEREAS, the National City Building and Fire Departments have seen a continued increase in submittals for plan checks and inspections, which has exhausted the initial appropriation of $390,000 for Fiscal Year 2016; and WHEREAS, an appropriation and corresponding revenue budget increase in the amount of $70,000 is necessary due to the increase in the number of plan checks and inspections; and WHEREAS, the expense is completely offset by revenue collected at the time of plan submittals. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes an appropriation and corresponding revenue budget increase in the amount of $70,000 for the Esgil Corporation for building plan check services for Fiscal Year 2016, for a total appropriation amount of $460,000. PASSED and ADOPTED this 21st day of June, 2016. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor 50 of 535 CC/CDC-HA Agenda 6/21/2016 — Page 51 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City approving the report and account for Weed Abatement. (Fire) 51 of 535 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 21, 2016 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City Approving the Report and Account for Weed Abatement (Fire) PREPARED BY: Robert Drew / Deputy Fire Marshal PHONE: 336-4558 EXPLANATION: DEPARTMENT: Fir APPROVED BY: I On June 7th, a public hearing was held as required pursuant to Chapter 1.36.100 of the Municipal Code, wherein the City Council considered the objections and protests of the owners of parcels by interested parties. This resolution will approve the Report and Account as submitted. The approved costs of the abatements will be liens upon the respective lots or premises. The proposed resolution incorporates all the parcels subject to weed abatement liens pursuant to NCMC Section 1.36.110. A copy of this resolution shall be served on the responsible person, pursuant to the procedures set forth in the NCMC Section 1.36.040, no later than fifteen days after the date of adoption. If the cost of abatement is waived by the Mayor and Council, the City of National City will be responsible for all cost associated with the weed abatement conducted by Fire Prevention Services. FINANCIAL STATEMENT: APPROVED: 'l i. kti''' Finance ACCOUNT NO. 001-12124-3561 Revenue Account APPROVED: MIS No expenditure account. Payments to Fire Prevention Services are deducted from the above revenue account. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1) Resolution 2) Report on file in the City Clerk's office 52 of 535 I RESOLUTION NO. 2016 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE REPORT AND ACCOUNT FOR WEED ABATEMENT WHEREAS, pursuant to National City Municipal Code Chapter 1.36, when the City Manager, her designee, or the department director causes a public nuisance to be abated, the City Manager, her designee, or the department director shall prepare a report describing the work performed, an itemized account of the total abatement costs, including the names and addresses of the responsible person for each parcel, and the tax assessor's parcel number (the "Report and Account"); and WHEREAS, the Director of Emergency Services filed with the City Clerk the Report and Account for weed abatement work done pursuant to National City Municipal Code Chapter 1.36; and WHEREAS, the City Clerk has given notice of the filing of the Report and Account and of the time for a hearing by the City Council pursuant to National City Municipal Code section 1.36.090 and, if the notice was served by posting a copy of the notice, an affidavit of posting such notice has been made and is on file in the office of the City Clerk; and WHEREAS, on June 7, 2016, the City Council held a public hearing at which the Report and Account, and all written appeals, protests, or objections, if any, were duly presented, read, and considered, and all persons desiring to be heard thereon were heard, and the City Council gave all persons present an opportunity to be heard with respect to any matter relating to the work, to any act or determination of the Director of Emergency Services, or to any matter relating to the work or the costs or the proceedings; and WHEREAS, all persons desiring to be heard have been heard by the City Council. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City, in accordance with National City Municipal Code section 1.36.100, does hereby find, resolve, determine, and order as follows: 1. That public hearing has been duly held; 2. That each and every step of the proceeding prior to and including the public hearing has been duly and regularly taken; 3. That the City Council is satisfied with the Report and Account, the proceedings and all matters relating thereto, and all protests, objections, or appeals are overruled and denied; 4. That the City Council approves the Report and Account, attached hereto as Exhibit "A"; and 5. That the City Clerk is directed to file with the County Auditor of the County of San Diego, a certified copy of this Resolution. [Signature Page to Follow] 53 of 535 Resolution No. 2016 — Page Two PASSED and ADOPTED this 21st day of June, 2016. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor 54 of 535 City of National City Weed Abatement Program 2016/2017 Fixed Charge Special Assessments Parcel Assmed Amt Site Address Owner Mail Address City St Zip 556 103 19 00 $1,322.44 229 E 3rd St National City 91950 Lopez Lorenzo M;Delfina T PO Box 8726 Chula Vista CA 91912 556 127 05 00 $1,036.14 322-340 Highland Ave National City 91950 Mansour Karim;Engella 322-340 Highland Ave National City CA 91950 556 313 05 00 $827.72 1024 E 4th St National City 91950 Zamora Fernando;Maria 1024 E 4th St National City CA 91950 556 314 04 00 $1,481.16 427 K Ave National City 91950 K2 Ventures Inc 14566 Via Bergamo San Diego CA 92127 557 172 09 00 $4,488.64 1302-1306 E 8th St National City 91950 Lacson Cipriano J;Filomena S 1155 Santa Delphina Ave Chula Vista CA 91913 557 410 26 00 $4,452.02 Palm Ave National City Palm Plaza Associates L L C 915 Camino Del Mar #200 Del Mar CA 92014 558 270 21 00 $1,832.74 1918 Rachael Ave National City 91950 Perez Roman;Monica 1918 Rachael Ave National City CA 91950 558 320 21 00 $2,794.60 Rachael Ave National City 91950 Casillas Jose D 1330 Oro Vista Rd #225 San Diego CA 92154 558 320 22 00 $2,213.96 2112 Rachael Ave National City 91950 Casillas Jose D 1330 Oro Vista Rd #225 San Diego CA 92154 561 060 23 00 $2,574.26 1710 J Ave National City 91950 Solis Bernie Jr 2105 E 1st St National City CA 91950 561 160 21 00 $2,457.70 2240 E 16th St National City 91950 Mangelsen Weta 2240 E 16th St National City CA 91950 563 070 26 00 $885.74 2530 Euclid Ave National City 91950 Valdivia Carmen Trust 02-16-07 2530 Euclid Ave National City CA 91950 564 010 55 00 $1,574.62 Fenton PI National City 91950 Ruvalcaba Carlos;Lilian 5941 Alleghany St San Diego CA 92139 Total Parcels: 13 Total Assess: $27,941.74 EXHIBIT A CC/CDC-HA Agenda 6/21/2016 — Page 56 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the Mayor to execute an agreement with AdminSure, Inc., effective August 1, 2016, for Workers Compensation Third Party administration and claims review in the initial amount of $3,852 56 of 535 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 21, 2016 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute an agreement with AdminSure, Inc., effective August 1, 2016, for Workers' Compensation Third Party administration and claims review in the initial amount of $3,852 for one-time conversion and $169,410 for administration, for a total cost of $173,262 for a period of two years; and authorizing the City Manager to execute future amendments extending the term of the agreement by one year increments for up to an additional three years. PREPARED BY: Stacey Stevenson PHONE: 336-4308 EXPLANATION: The City of National City contracts for third party administration (TPA) of its Workers' Compensation Program. In August 1995, City Council authorized staff to join the San Diego Pooled Insurance Program Authority (SANDPIPA) member group for City-wide Workers' Compensation claims administration. SANDPIPA entered into an agreement with a third party for the performance of this function. Under the terms of the July 1, 2016 dissolution of the SANDPIPA Joint Powers Authority, the SANDPIPA agreement for Workers' Compensation administration will expire on July 31, 2016 and will not be renewed. DEPARTMENT: Human Resources APPROVED B In anticipation of this pending loss of TPA services, staff initiated a joint Request for Proposal (RFP) process in partnership with the cities of Encinitas, Lemon Grove and Vista. Having completed said competitive process, staff hereby recommends that the City Council authorize the Mayor to execute an agreement with AdminSure, Inc. to act as a Third Party Administrator on behalf of the City of National City for Workers' Compensation administration and claims review effective August 1, 2016 for a period of two years; and authorizing the City Manager to execute future amendments extending the term of the agreement by one year increments for up to an additional three years. FINANCIAL STATEMENT: ACCOUNT NO. Year 1 Year 2 627-417-081-433 (WC Claim Costs) $87,232 $86,030 APPROVED: APPROVED: ENVIRONMENTAL REVIEW: This is not a project and, therefore, is not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt the resolution authorizing the Mayor to execute an agreement with AdminSure, Inc. for the Third Party Workers' Compensation administration and claims review. BOARD 1 COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Scope of Services Price Proposal Resolution 57 of 535 AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND ADMINSURE, INC. THIS AGREEMENT is entered into on this 1st day of August 2016, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and AdminSure, Inc., a Third Party Administrator of Worker's Compensation Programs (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to provide comprehensive Workers' Compensation claims administration services in a manner consistent with the claims administration standards and reporting and reimbursement procedures of the CITY' S excess Workers' Compensation carrier. WHEREAS, the CITY has determined that the CONTRACTOR is a Third Party Administrator of Worker's Compensation Programs and is qualified by experience and ability to perform the services desired by the CITY, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CITY agrees to engage the CONTRACTOR to perform Third Party Workers' Compensation claims administration and the CONTRACTOR agrees to perform the services set forth here in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services shall be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement will become effective on August 1, 2016 .The duration of this Agreement is for the period of August 1, 2016 through July 31, 2018. This Agreement may be extended by mutual agreement upon the same terms and conditions for an additional three (3) years.The Parties may exercise up to three one-year extensions. Any extension of this Agreement must be approved in writing by the City Manager. 3. SCOPE OF SERVICES. The CONTRACTOR will perform Third Party Workers' Compensation Claims Administration services as set forth in the attached Exhibit "A" and consistent with CONTRACTOR'S response to the CITY'S Request for Proposals. The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in 58 of 535 advance by the CITY. The CONTRACTOR shall appear at meetings as mutually agreed to to keep staff advised of the progress on the Project. The CITY may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services. 4. PROJECT COORDINATION AND SUPERVISION. Stacey Stevenson Administrative Services Director hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. Alithia Vargas -Flores thereby is designated as the Project Director for the CONTRACTOR. 5. COMPENSATION AND PAYMENT. The total cost for all administrative work described in Exhibit "A" and shall not exceed the fee schedule established under Exhibit "B". Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A", as determined by the CITY. The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred, and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY, and for furnishing of copies to the CITY, if requested. 6. ACCEPTABILITY OF WORK. The City shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement, and the amount of compensation due. In the event the CONTRACTOR and the City cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONTRACTOR in this Agreement, the City or the CONTRACTOR shall give to the other written notice. Within ten (10) business days, the CONTRACTOR and the City shall each prepare a report which supports their position and file the same with the other party. The City shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONTRACTOR. 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications, and other documents prepared by the CONTRACTOR for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONTRACTOR hereby assigns to the CITY, and CONTRACTOR thereby expressly waives and disclaims any copyright Standard Agreement 2 City of' National City and Revised May 2016 60 of 535 AdminSure, Inc., July 1, 2016 in, and the right to reproduce, all written material, drawings, plans, specifications, or other work prepared under this Agreement, except upon the CITY' S prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium, or method utilize the CONTRACTOR'S written work product for the CITY'S purposes, and the CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings, or specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section 14, but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers with one another. Neither the CONTRACTOR nor the CONTRACTOR'S employees are employees of the CITY, and are not entitled to any of the rights, benefits, or privileges of the CITY' S employees, including but not limited to retirement, medical, unemploy- ment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR'S employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees, or SUBCONTRACTORS, as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its SUBCONTRACTOR(S) shall require the SUBCONTRACTOR(S) to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CITY nor its officers, agents, or employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR'S employees, except as herein set forth, and the CONTRACTOR or the CONTRACTOR'S agents, servants, or employees are not in any manner agents, servants, or employees of the CITY, it being understood that the CONTRACTOR its agents, servants, and employees are as to the CITY wholly independent CONTRACTOR, and that the CONTRACTOR'S obligations to the CITY are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all applicable state and Standard Agreement 3 City of' National City and Revised May 2016 59 of 535 AdminSure, Inc., July 1, 2016 federal statutes and regulations, and all applicable ordinances, rules, and regulations of the City of National City, whether now in force or subsequently enacted. The CONTRACTOR and each of its SUBCONTRACTOR(S), shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONTRACTOR to practice its profession. 12. STANDARD OF CARE. A. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONTRACTOR'S trade or profession currently practicing under similar conditions and in similar locations. The CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR'S employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this Agreement, the CONTRACTOR warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONTRACTOR'S professional performance or the furnishing of materials or services relating thereto. C. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR liable to the CITY for any increased costs that result from the CITY'S later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in Standard Agreement 4 City of' National City and Revised May 2016 61 of 535 AdminSure, Inc., July 1, 2016 conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONTRACTOR shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 14, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONTRACTOR shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 15. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR agrees to defend, indemnify and hold harmless the City of National City, its officers, officials, agents, and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONTRACTOR'S performance or other obligations under this Agreement; provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the City, its agents, officers, or employees. CITY will cooperate reasonably in the defense of any action, and CONTRACTOR shall employ competent counsel, reasonably acceptable to the City Attorney. The indemnity, defense, and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement. 16. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar State or federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all Standard Agreement 5 City of' National City and Revised May 2016 62 of 535 AdminSure, Inc., July 1, 2016 claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. 17. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its SUBCONTRACTOR(S), when applicable, to purchase and maintain throughout the term of this Agreement, the following checked insurance policies: A. ® If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile Insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). The policy shall name the CITY and its officers, agents and employees as additional insureds, and a separate additional insured endorsement shall be provided. C. Commercial General Liability Insurance, with minimum limits of either $2,000,000 per occurrence and $4,000,000 aggregate, or $1,000,000 per occurrence and $2,000,000 aggregate with a $2,000,000 umbrella policy, covering all bodily injury and property damage arising out of its operations, work, or performance under this Agreement. The policy shall name the CITY and its officers, agents and employees as additional insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "project" or "location". The "project" or "location" should be noted with specificity on an endorsement that shall be incorporated into the policy. D. Workers' Compensation Insurance in an amount sufficient to meet statutory requirements covering all of CONTRACTOR'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this Agreement. If CONTRACTOR has no employees subject to the California Workers' Compensation and Labor laws, CONTRACTOR shall execute a Declaration to that effect. Said Declaration shall be provided to CONTRACTOR by CITY. E. Fidelity/Crime Bond, with a $1,000,000 payable to the City with an approved corporate surety covering all officers and employees involved with the City's Claims handling. F. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, officials, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. H. Insurance shall be written with only California admitted companies that hold a current policy holder's alphabetic and financial size category rating of not less than A:VII Standard Agreement 6 City of' National City and Revised May 2016 63 of 535 AdminSure, Inc., July 1, 2016 according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the CITY'S Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. I. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY'S Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. J. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in accordance with this Agreement. Standard Agreement 7 City of' National City and Revised May 2016 64 of 535 AdminSure, Inc., July 1, 2016 B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONTRACTOR'S breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 7. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: Stacey Stevenson Director of Administrative Services City of National City 1243 National City Boulevard National City, CA 91950-4397 To CONTRACTOR: Alithia Vargas -Flores Vice President/Director of Operations AdminSure, Inc. 1470 South Valley Vista Drive, Suite 230 Diamond Bar, CA 91765 Standard Agreement 8 City of' National City and Revised May 2016 65 of 535 AdminSure, Inc., July 1, 2016 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty- eight (48) hours by letter mailed or delivered as specified in this Section. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONTRACTOR also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter corning before the CITY in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the CONTRACTOR shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONTRACTOR shall obtain from the City Clerk. The CONTRACTOR shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 22 by the CONTRACTOR. 23. PREVAILING WAGES. State prevailing wage rates may apply to work performed under this Agreement. State prevailing wages rates apply to all public works contracts as set forth in California Labor Code, including but not limited to, Sections 1720,1720.2, 1720.3, 1720.4, and 1771. CONTRACTOR is solely responsible to determine if State prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations. 24. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state, or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. Standard Agreement 9 City of' National City and Revised May 2016 66 of 535 AdminSure, Inc., July 1, 2016 C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. To the extent any exhibits or schedules or provisions thereof conflict or are inconsistent with the terms and conditions contained in this Agreement, the terms and conditions of this Agreement shall control. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Audit. If this Agreement exceeds ten -thousand dollars ($10,000), the parties shall be subject to the examination and audit of the State Auditor for a period of three (3) years after final payment under the Agreement, per Government Code Section 8546.7. J. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. K. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. L. Subcontractors or SubCONTRACTORs. The City is engaging the services of the CONTRACTOR identified in this Agreement. The CONTRACTOR shall not subcontract any portion of the administration work, unless such subcontracting was part of the original proposal or is allowed by the City in writing. In the event any portion of the work under this Agreement is subcontracted, the subCONTRACTOR(s) shall be required to comply with and agree to, for the benefit of and in favor of the City, both the insurance provisions in Section 17 and the indemnification and hold harmless provision of Section 15 of this Agreement. M. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. Standard Agreement Revised May 2016 10 67 of 535 City of' National City and AdminSure, Inc., July 1, 2016 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY ADMINSURE, INC. By: By: Ron Morrison, Mayor Alithia Vargas -Flores Vice President/Director of Operations APPROVED AS TO FORM: By: Alycia Anthony Claudia Gacitua Silva Corporate Secretary City Attorney Standard Agreement Revised May 2016 11 68 of 535 City of' National City and AdminSure, Inc., July 1, 2016 Exhibit A ADMINSURE INC. - SCOPE OF SERVICES Effective August 1, 2016 1. PERIODIC MEETINGS: The Contractor (AdminSure Inc.) shall meet with the City and staff periodically to: A. Assist in developing internal procedures. B. Provide orientation and training to personnel involved in the administration of the Program. C. Discuss specific claims and general trends in the Program. 2. ADVISORY SERVICES: The Contractor shall provide the City information regarding the adoption, amendment or repeal of all Statutes, Rules and Regulations, et cetera, which may directly affect the Program. 3. REQUIRED FORMS: The Contractor shall provide the City with all forms required by the State in connection with the Program. 4. COMPLIANCE WITH LAW: The Contractor shall administer the Program in full compliance with all laws, rules and regulations governing Workers' Compensation and Self - Insurance. 5. CLAIMS ADMINISTRATION: The Contractor shall comply with all performance standards of the City's excess insurer. The Contractor shall also comply with the Contractor's Workers' Compensation Claims Administration Standards, but under no circumstances are they to be construed as having precedence over the performance standards of the City's excess insurer. The Contractor shall also have the authority and responsibility to provide claims administration services, which include: A. Establishing an electronic claim file and computer database record upon receipt of an injury report. B. Setting and updating reserves. C. Initiating and maintaining contact with injured workers or their attorneys. D. Arranging for investigation. Pao 1 of 1 69 of 535 E. Determining compensability. F. Preparing and issuing benefit notices, if applicable. G. Arranging for medical treatment and medical services from clinics, facilities, pharmacies, hospitals, specialists, and other vendors as necessary. H. Performing all utilization review services through MedReview; communicating decisions to approve, modify, delay or deny medical treatment in accordance with State law. I. Monitoring disability status by reviewing medical reports and contacting doctors for updates. J. Auditing and reviewing all medical bills through MedReview (OMFSIIHFSIPPO) and paying all properly adjusted medical bills in a timely and accurate manner. K. Paying mileage or medical reimbursements to injured workers. L. Paying temporary disability compensation when appropriate to do so or advising the City of the need to adjust payroll records when salary continuation is applicable. M. Arranging medical exams in conformance with State law to determine whether an injured worker's medical condition is permanent and stationary (reached Maximum Medical Improvement/MMI) and what, if any, permanent disability exists. N. Paying the permanent disability compensation in accordance with the law. O. Arranging for attorney representation of the City whenever the need arises. P. Monitoring attorneys and assisting them in preparing cases. Q. Auditing and paying legal expenses. R. Arranging for vocational rehabilitation services when appropriate, monitoring vocational rehabilitation consultants and assisting them as necessary. S. Auditing and paying vocational rehabilitation expenses. T. Preparing and issuing Supplemental Job Displacement Benefits (SJDB) notices and benefits. U. Preparing and issuing the permanent disability compensation notices. V. Pursuing subrogation when there is a viable third party. W. Notifying the City and excess insurers of all claims which exceed or may exceed the self-insurance retention; maintaining a liaison between the City and their excess insurers on matters affecting the handling of such claims and arranging for reimbursement to the City of losses in excess of its self-insurance retention. X. Obtaining settlement authority and negotiating settlement on appropriate claims. Y. Attending all hearings that are required by law. Z. Closing claim files when appropriate to do so. 6. CHECKING ACCOUNT: The City and the Contractor agree that: A. The City shall establish and maintain a checking account from which all Workers' Compensation benefits and expenses are to be paid. B. The Contractor shall prepare checks and issue those checks directly to payees without delay. C. The Contractor shall sign checks with a facsimile signature or manually. D. The Contractor shall secure checks in a locked area accessible to a limited number of personnel. E. The City shall maintain an adequate balance in their checking account to meet all Workers' Compensation obligations without delay. F. The checking account may be used to pay penalties in which case the Contractor shall reimburse the City within fifteen (15) working days for any amount of the penalty which the Contractor caused. 7. ELECTRONIC DATA PROCESSING: The Contractor shall provide the City with electronic data processing services that will allow for the production of loss experience and transaction reports within ten (10) days following the close of each calendar month. The Contractor will also work with the City to develop ad hoc and other specialized reports as requested. 8. REGULATORY REPORTING: The Contractor shall prepare all reports required by State and Federal regulatory agencies (if any) in connection with the Program, including the Self -Insurer's Annual Report required by the Department of Self -Insurance Plans. 9. RECORDS: The Contractor shall establish and maintain electronic claim files, claim logs, transaction documents and all other records associated with the Program. These records shall be the property of the City. Unless this Agreement is cancelled, closed hard files, if any, shall be stored by the Contractor for five (5) years and shall thereafter become the responsibility of the City. Upon cancellation of this Agreement, the City shall be responsible for maintaining and storing all data, records, et cetera. The Contractor shall not dispose of or destroy hard files without the prior, written authorization of the City. 10. OBLIGATIONS OF THE CITY: The City shall perform the following: A. Submit all reports of work injury to the Contractor in a timely manner not to exceed two business days of the City's knowledge of the injury. B. Respond to the Contractor's requests for information and authority within five days of such requests. C. Provide information that is accurate and is in a form specified by the Contractor. D. Grant settlement authority to the Contractor in advance of WCAB, Rehabilitation, and legal hearings, or be available by phone or in person during same. Exhibit B Price Proposal Attachment C Request for Proposal RFP Summary of TPA Fees with Bill Review Services TPA Fees Group Pricing City of National City Fees Year1 $83,380 Year2 $86,030 Year3 $88,760 Year4 $91,575 Year5 $94,470 Total $444 , 215 Services Included (Y/N) If no, include fee MMSEA Fee Yes Conversion Fee $3, 852 Assumption of tail claims Yes License fee for VOS Yes Monthly reports Yes SIP Annual Report Yes 1099's Yes DWC-1, posters, pamphlets Yes Index checking Yes Attendance at hearings Yes Storage of claims Yes Check printing Yes BankingfeesAny banking fees shall be between the City and the City's choice of Par URStatapprovals See Utilization Review Filing fees Yes Correspondence fees Yes Medical Provider Network Annual Maintenance Fee At -Cost: Dependent on the City's choice of MPN Provider(s) Creation of MPN Same as above MPN Update fees Same as above Other We do no charge any MPN fees for our services and we shall not Medical Bill Review add on any fee to the City's choice of MPN provider's fee. Per bill $10 In Patient Medical Fee Schedule (IMFS) No additional fee PPO Network- % of savings fee & Cap *Cap : $10k At -cost and There are no Shall not exceed PPO fees if 23% PPO there are no fee of reduction/savir PPO reduction/savingE Pharmacy No additional fee U&C Savings No additional fee Outpatient No additional fee Negotiated No additional fee 73 of 535 Medical EDI No additional fee Duplicates No additional fee Other No additional fee ***we ao no c proviae lvurse ase ivianagemenc Services. we uciiize Nurse Case Management ' Early Intervention/Triagethe itys ch ice YecU l[ueildaL1Ui1S�i Other f service eLerralb el providers and ale able make .oild Lhe C±Lv iioL have a reference.*** Utilization Review * * *lease see below:*** 1st Level Peer Review Peer to Peer Other *Flat fee of $85 per RN decision, or 4% of billed charges capped at $750. *Flat Physician Review fee billed at cost, at the rate of $200 per hour, billed in l0-minute increments. City approval will be obtained prior to a physician's review that may exceed one hour. 74 of 535 RESOLUTION NO. 2016 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH ADMINSURE, INC., EFFECTIVE AUGUST 1, 2016, FOR WORKERS' COMPENSATION THIRD PARTY ADMINISTRATION AND CLAIMS REVIEW IN THE INITIAL AMOUNT OF $3,852 FOR ONE-TIME CONVERSION AND $169,410 FOR ADMINISTRATION, FOR A TOTAL COST OF $173,262 FOR A PERIOD OF TWO YEARS, AND AUTHORIZING THE CITY MANGER TO EXECUTE FUTURE AMENDMENTS EXTENDING THE TERM OF THE AGREEMENT BY ONE-YEAR INCREMENTS FOR UP TO AN ADDITIONAL THREE YEARS WHEREAS, the City of National City contracts for third party administration ("TPA") of its Workers' Compensation Program; and WHEREAS, in August 1995, City Council authorized staff to join the San Diego Pooled Insurance Program Authority ("SANDPIPA") member group for City-wide Workers' Compensation claims administration; and WHEREAS, SANDPIPA entered into an Agreement with a third party for the performance of this function; and WHEREAS, under the terms of the July 1, 2016 dissolution of the SANDPIPA Joint Powers Authority, the SANDPIPA Agreement for Workers' Compensation Administration will expire on July 31, 2016 and will not be renewed; and WHEREAS, based on a joint Request for Proposal ("RFP") process in partnership with the cities of Encinitas, Lemon Grove, and Vista, staff recommends that the City Council authorize the Mayor to execute an Agreement with AdminSure, Inc., to act as a Third Party Administrator on behalf of the City of National City for Workers' Compensation Administration and Claims Review effective August 1, 2016 in the initial amount of $3,852 for one-time conversion, and $169,410 for administration for a total cost of $173,262 for a period of two years with the City Manager authorized to extend by one-year increments for up to an additional three years. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an Agreement with AdminSure, Inc., to act as a Third Party Administrator on behalf of the City of National City for Workers' Compensation Administration and Claims Review effective August 1, 2016 in the initial amount of $3,852 for one-time conversion and $169,410 for administration for a total cost of $173,262 for a period of two years. BE IT FURTHER RESOLVED that the City Council hereby authorizes the City Manager to execute future amendments extending the term of the Agreement by one-year increments for up to an additional three (3) years. [Signature Page to Follow] 75 of 535 Resolution No. 2016 — Page Two PASSED and ADOPTED this 21st day of June, 2016. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor 76 of 535 CC/CDC-HA Agenda 6/21/2016 — Page 77 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City approving a salary schedule for the Municipal Employees Association employee group for Fiscal Year 2016-2017 in compliance with the requirements of the California Public Employees Retirement Syst 77 of 535 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 21, 2016 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City approving a salary schedule for the Municipal Employees' Association employee group for Fiscal Year 2016-2017 in compliance with the requirements of the California Public Employee's Retirement System (Ca1PERS) PREPARED BY: Stacey Stevenson DEPARTMENT: Human Resources PHONE: 336-4308 APPROVED BY: EXPLANATION: All employees of the City of National City receive a rate of pay within the established salary range for the job classification into which the employee has been hired. The purpose of this item is to establish the Fiscal Year 2016-2017 salary schedule for classifications represented by the Municipal Employees' Association (MEA). The salary schedule under consideration includes range adjustments to various classifications based on market adjustments that were made through a meet and confer process with MEA representatives. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS There is no fiscal impact associated with this action. Personnel costs for employees represented by the MEA are incorporated in the City of National City General Fund budget as adopted by the City Council at its meeting of June 7, 2016. ENVIRONMENTAL REVIEW: This is not a project and is therefore not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution approving the Fiscal Year 2017 compensation plan for the Municipal Employees' Association employee group BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: List of Classifications Represented by the Municipal Employees' Association Municipal Employees' Association Salary Schedule MEA List of Range Adjustments Resolution 78 of 535 City of National City Exhibit A Human Resources Department LIST OF CLASSIFICATIONS REPRESENTED BY MUNICIPAL EMPLOYEES' ASSOCIATION Fiscal Year 2016-2017 CLERICAL AND FISCAL POSITIONS SALARY RANGE MONTHLY SALARY Accountant 121 $4,231 - $5,143 Accountant Trainee 103 $3,596 - $4,371 Accounting Assistant 83 $3,008 - $3,656 Administrative Secretary 92 $3,254 - $3,955 Administrative Technician 102 $3,564 - $4,332 Buyer 99 $3,466 - $4,212 Executive Secretary 108 $3,756 - $4,565 Management Analyst Trainee 108 $3,756 - $4,565 Office Assistant 56 $2,382 - $2,895 Purchasing Clerk 83 $3,008 - $3,656 Senior Accounting Assistant 99 $3,466 - $4,212 Senior Office Assistant 69 $2,663 - $3,237 ENGINEERING, PLANNING AND INSPECTION POSITIONS SALARY RANGE MONTHLY SALARY Assistant Engineer -Civil 146 $5,328 - $6,476 Assistant Planner 124 $4,347 - $5,283 Associate Engineer -Civil 159 $6,009 - $7,304 Associate Planner 135 $4,803 - $5,838 Building Inspector 128 $4,508 - $5,480 Building Inspector/Plan Checker 138 $4,940 - $6,005 Civil Engineering Technician 114 $3,969 - $4,825 Code Conformance Officer I 113 $3,934 - $4,782 Code Conformance Officer II 123 $4,314 - $5,244 Construction Inspector 123 $4,314 - $5,244 Fire Inspector 128 $4,508 - $5,480 Graffiti Removal Assistant 82 $2,986 - $3,629 Graffiti Removal Technician 101 $3,529 - $4,289 Junior Engineer -Civil 129 $4,550 - $5,530 Parking Regulations Officer 85 $3,056 - $3,714 79 of 535 City of National City Exhibit A Human Resources Department LIST OF CLASSIFICATIONS REPRESENTED BY MUNICIPAL EMPLOYEES' ASSOCIATION Fiscal Year 2016-2017 ENGINEERING, PLANNING AND INSPECTION POSITIONS SALARY RANGE MONTHLY SALARY Permit Technician 92 $3,254 - $3,955 Planning Technician 104 $3,625 - $4,406 Plans Examiner 144 $5,223 - $6,349 Senior Building Inspector 138 $4,940 - $6,005 Senior Civil Engineering Technician 125 $4,386 - $5,331 Senior Code Conformance Officer 133 $4,717 - $5,734 Senior Construction Inspector 138 $4,940 - $6,005 Storm Water Compliance Inspector 125 $4,386 - $5,331 LIBRARY AND COMMUNITY SERVICES POSITIONS SALARY RANGE MONTHLY SALARY Academic Enrichment Programs Coord 124 $4,347 - $5,283 Executive Chef 84 $3,029 - $3,682 Home Delivered Meals Coordinator 60 $2,467 - $2,998 Librarian 124 $4,347 - $5,283 Librarian (Literacy Services) 124 $4,347 - $5,283 Library Assistant 63 $2,534 - $3,080 Library Technician 93 $3,291 - $4,000 Neighborhood Council Specialist 101 $3,529 - $4,289 Recreation Center Supervisor 100 $3,501 - $4,255 Recreation Supervisor 112 $3,895 - $4,735 Senior Librarian 134 $4,765 - $5,792 Senior Library Technician 93 $3,291 - $4,000 Sous Chef 66 $2,598 - $3,157 POLICE SUPPORT POSITIONS SALARY RANGE MONTHLY SALARY Abandoned Vehicle Abatement Officer 83 $3,008 - $3,656 Alarm Program Coordinator 63 $2,534 - $3,080 Animal Regulations Officer 98 $3,431 - $4,170 80 of 535 City of National City Exhibit A Human Resources Department LIST OF CLASSIFICATIONS REPRESENTED BY MUNICIPAL EMPLOYEES' ASSOCIATION Fiscal Year 2016-2017 POLICE SUPPORT POSITIONS SALARY RANGE MONTHLY SALARY Community Services Officer 73 $2,759 - $3,354 Crime Analyst 125 $4,386 - $5,331 Crime Scene Specialist 112 $3,895 - $4,735 Police Dispatch Supervisor 145 $5,274 - $6,410 Police Dispatcher 119 $4,148 - $5,042 Police Investigative Aide 105 $3,660 - $4,448 Police Investigator (Non -sworn) 128 $4,508 - $5,480 Police Operations Assistant 93 $3,291 - $4,000 Police Records Clerk 69 $2,663 - $3,237 Police Records Supervisor 123 $4,314 - $5,244 Property & Evidence Specialist I 92 $3,254 - $3,955 Property & Evidence Specialist II 112 $3,895 - $4,735 Property & Evidence Unit Supervisor 123 $4,314 - $5,244 Stop Grant Office Coordinator 92 $3,254 - $3,955 Training Coordinator 77 $2,855 - $3,470 COMMUNITY DEVELOPMENT AND HOUSING POSITIONS SALARY RANGE MONTHLY SALARY Community Development Specialist I 124 $4,347 - $5,283 Community Development Specialist II 135 $4,803 - $5,838 Housing Assistant 89 $3,180 - $3,865 Housing Inspector I 116 $4,041 - $4,912 Housing Inspector II 126 $4,430 - $5,384 Housing Specialist 122 $4,268 - $5,188 Lead Hazard Control Program Case Mgr 110 $3,828 - $4,652 Lead Hazard Control Program Coord 120 $4,190 - $5,092 Lead Housing Inspector 115 $4,006 - $4,870 Lead Risk Inspector/Assessor 115 $4,006 - $4,870 Lead Sampling Technician 86 $3,093 - $3,759 Property Agent 136 $4,850 - $5,896 Senior Housing Specialist 132 $4,676 - $5,684 81 of 535 City of National City Exhibit A Human Resources Department LIST OF CLASSIFICATIONS REPRESENTED BY MUNICIPAL EMPLOYEES' ASSOCIATION Fiscal Year 2016-2017 PARK MAINTENANCE POSITIONS SALARY RANGE MONTHLY SALARY Assistant Tree Trimmer 89 $3,180 - $3,865 Lead Tree Trimmer 100 $3,501 - $4,255 Park Caretaker 80 $2,934 - $3,566 Park Supervisor 116 $4,041 - $4,912 Parks Equipment Operator 101 $3,529 - $4,289 Senior Park Caretaker 88 $3,145 - $3,823 Tree Trimmer 94 $3,319 - $4,035 PUBLIC WORKS POSITIONS SALARY RANGE MONTHLY SALARY Building Trades Specialist 105 $3,660 - $4,448 Carpenter 102 $3,564 - $4,332 Custodian 59 $2,447 - $2,974 Electrician 108 $3,756 - $4,565 Equipment Mechanic 110 $3,828 - $4,652 Equipment Operator 101 $3,529 - $4,289 Lead Equipment Mechanic 120 $4,190 - $5,092 Maintenance Worker 82 $2,986 - $3,629 Plumber 102 $3,564 - $4,332 Senior Equipment Operator 113 $3,934 - $4,782 Senior Traffic Painter 101 $3,529 - $4,289 Street Sweeper Operator 101 $3,529 - $4,289 Supervising Custodian 71 $2,707 - $3,290 Traffic Painter 89 $3,180 - $3,865 Wastewater Crew Chief 110 $3,828 - $4,652 82 of 535 CITY OF NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION SALARY SCHEDULE Fiscal Year 2016-2017 Exhibit B RANGE STEP HOURLY BASE BIWEEKLY MONTHLY ANNUAL 051 A 13.18 1,033.36 1,054.03 2,283.73 27,404.78 B 13.83 1,085.02 1,106.72 2,397.89 28,774.72 C 14.53 1,139.27 1,162.06 2,517.80 30,213.56 D 15.25 1,196.23 1,220.15 2,643.66 31,723.90 E 16.01 1,256.04 1,281.16 2,775.85 33,310.16 052 A 12.88 1,009.81 1,030.01 2,231.69 26,780.26 B 13.52 1,060.29 1,081.50 2,343.25 28,119.00 C 14.19 1,113.31 1,135.58 2,460.42 29,525.08 D 14.90 1,168.98 1,192.36 2,583.45 31,001.36 E 15.65 1,227.42 1,251.97 2,712.60 32,551.22 053 A 13.00 1,019.42 1,039.81 2,252.92 27,035.06 B 13.65 1,070.40 1,091.81 2,365.59 28,387.06 C 14.33 1,123.92 1,146.40 2,483.87 29,806.40 D 15.05 1,180.13 1,203.73 2,608.08 31,296.98 E 15.80 1,239.12 1,263.90 2,738.45 32,861.40 054 A 13.10 1,027.11 1,047.65 2,269.91 27,238.90 B 13.75 1,078.48 1,100.05 2,383.44 28,601.30 C 14.44 1,132.38 1,155.03 2,502.57 30,030.78 D 15.16 1,189.01 1,212.79 2,627.71 31,532.54 E 15.92 1,248.47 1,273.44 2,759.12 33,109.44 055 A 13.23 1,037.71 1,058.46 2,293.33 27,519.96 B 13.89 1,089.60 1,111.39 2,408.01 28,896.14 C 14.59 1,144.07 1,166.95 2,528.39 30,340.70 D 15.32 1,201.28 1,225.31 2,654.84 31,858.06 E 16.08 1,261.34 1,286.57 2,787.57 33,450.82 056 A 13.74 1,077.64 1,099.19 2,381.58 28,578.94 B 14.43 1,131.51 1,154.14 2,500.64 30,007.64 C 15.15 1,188.08 1,211.84 2,625.65 31,507.84 D 15.91 1,247.49 1,272.44 2,756.95 33,083.44 E 16.70 1,309.86 1,336.06 2,894.80 34,737.56 83 of 535 CITY OF NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION SALARY SCHEDULE Fiscal Year 2016-2017 Exhibit B RANGE STEP HOURLY BASE BIWEEKLY MONTHLY ANNUAL 057 A 13.88 1,088.67 1,110.44 2,405.95 28,871.44 B 14.57 1,143.11 1,165.97 2,526.27 30,315.22 C 15.30 1,200.26 1,224.27 2,652.59 31,831.02 D 16.07 1,260.27 1,285.48 2,785.21 33,422.48 E 16.87 1,323.27 1,349.74 2,924.44 35,093.24 058 A 14.00 1,098.42 1,120.39 2,427.51 29,130.14 B 14.71 1,153.33 1,176.40 2,548.87 30,586.40 C 15.44 1,211.00 1,235.22 2,676.31 32,115.72 D 16.21 1,271.56 1,296.99 2,810.15 33,721.74 E 17.02 1,335.14 1,361.84 2,950.65 35,407.84 059 A 14.12 1,107.24 1,129.38 2,446.99 29,363.88 B 14.82 1,162.58 1,185.83 2,569.30 30,831.58 C 15.56 1,220.70 1,245.11 2,697.74 32,372.86 D 16.34 1,281.73 1,307.36 2,832.61 33,991.36 E 17.16 1,345.85 1,372.77 2,974.34 35,692.02 060 A 14.23 1,116.19 1,138.51 2,466.77 29,601.26 B 14.94 1,171.99 1,195.43 2,590.10 31,081.18 C 15.69 1,230.59 1,255.20 2,719.60 32,635.20 D 16.47 1,292.12 1,317.96 2,855.58 34,266.96 E 17.30 1,356.74 1,383.87 2,998.39 35,980.62 061 A 14.33 1,124.05 1,146.53 2,484.15 29,809.78 B 15.05 1,180.25 1,203.86 2,608.36 31,300.36 C 15.80 1,239.27 1,264.06 2,738.80 32,865.56 D 16.59 1,301.23 1,327.25 2,875.71 34,508.50 E 17.42 1,366.28 1,393.61 3,019.49 36,233.86 062 A 14.50 1,136.90 1,159.64 2,512.55 30,150.64 B 15.22 1,193.76 1,217.64 2,638.22 31,658.64 C 15.98 1,253.43 1,278.50 2,770.08 33,241.00 D 16.78 1,316.11 1,342.43 2,908.60 34,903.18 E 17.62 1,381.90 1,409.54 3,054.00 36,648.04 84 of 535 CITY OF NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION SALARY SCHEDULE Fiscal Year 2016-2017 Exhibit B RANGE STEP HOURLY BASE BIWEEKLY MONTHLY ANNUAL 063 A 14.62 1,146.74 1,169.67 2,534.29 30,411.42 B 15.35 1,204.09 1,228.17 2,661.04 31,932.42 C 16.12 1,264.29 1,289.58 2,794.09 33,529.08 D 16.93 1,327.51 1,354.06 2,933.80 35,205.56 E 17.77 1,393.88 1,421.76 3,080.48 36,965.76 064 A 14.73 1,155.67 1,178.78 2,554.02 30,648.28 B 15.47 1,213.46 1,237.73 2,681.75 32,180.98 C 16.25 1,274.14 1,299.62 2,815.84 33,790.12 D 17.06 1,337.85 1,364.61 2,956.66 35,479.86 E 17.91 1,404.72 1,432.81 3,104.42 37,253.06 065 A 14.86 1,165.47 1,188.78 2,575.69 30,908.28 B 15.60 1,223.75 1,248.23 2,704.50 32,453.98 C 16.38 1,284.94 1,310.64 2,839.72 34,076.64 D 17.20 1,349.17 1,376.15 2,981.66 35,779.90 E 18.06 1,416.64 1,444.97 3,130.77 37,569.22 066 A 14.99 1,175.39 1,198.90 2,597.62 31,171.40 B 15.74 1,234.17 1,258.85 2,727.51 32,730.10 C 16.52 1,295.87 1,321.79 2,863.88 34,366.54 D 17.35 1,360.67 1,387.88 3,007.07 36,084.88 E 18.22 1,428.69 1,457.26 3,157.40 37,888.76 067 A 15.10 1,184.29 1,207.98 2,617.29 31,407.48 B 15.85 1,243.50 1,268.37 2,748.14 32,977.62 C 16.65 1,305.69 1,331.80 2,885.57 34,626.80 D 17.48 1,370.97 1,398.39 3,029.85 36,358.14 E 18.35 1,439.50 1,468.29 3,181.30 38,175.54 068 A 15.23 1,194.20 1,218.08 2,639.17 31,670.08 B 15.99 1,253.93 1,279.01 2,771.19 33,254.26 C 16.79 1,316.62 1,342.95 2,909.73 34,916.70 D 17.63 1,382.45 1,410.10 3,055.22 36,662.60 E 18.51 1,451.57 1,480.60 3,207.97 38,495.60 85 of 535 CITY OF NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION SALARY SCHEDULE Fiscal Year 2016-2017 Exhibit B RANGE STEP HOURLY BASE BIWEEKLY MONTHLY ANNUAL 069 A 15.36 1,205.02 1,229.12 2,663.09 31,957.12 B 16.13 1,265.27 1,290.58 2,796.26 33,555.08 C 16.94 1,328.52 1,355.09 2,936.03 35,232.34 D 17.79 1,394.95 1,422.85 3,082.84 36,994.10 E 18.67 1,464.70 1,493.99 3,236.98 38,843.74 070 A 15.46 1,212.76 1,237.02 2,680.21 32,162.52 B 16.24 1,273.40 1,298.87 2,814.22 33,770.62 C 17.05 1,337.07 1,363.81 2,954.92 35,459.06 D 17.90 1,403.91 1,431.99 3,102.65 37,231.74 E 18.80 1,474.12 1,503.60 3,257.80 39,093.60 071 A 15.62 1,224.72 1,249.21 2,706.62 32,479.46 B 16.40 1,285.96 1,311.68 2,841.97 34,103.68 C 17.22 1,350.25 1,377.26 2,984.06 35,808.76 D 18.08 1,417.76 1,446.12 3,133.26 37,599.12 E 18.98 1,488.66 1,518.43 3,289.93 39,479.18 072 A 15.75 1,235.58 1,260.29 2,730.63 32,767.54 B 16.54 1,297.37 1,323.32 2,867.19 34,406.32 C 17.37 1,362.23 1,389.47 3,010.52 36,126.22 D 18.24 1,430.34 1,458.95 3,161.06 37,932.70 E 19.15 1,501.85 1,531.89 3,319.10 39,829.14 073 A 15.92 1,248.42 1,273.39 2,759.01 33,108.14 B 16.71 1,310.84 1,337.06 2,896.96 34,763.56 C 17.55 1,376.39 1,403.92 3,041.83 36,501.92 D 18.43 1,445.20 1,474.10 3,193.88 38,326.60 E 19.35 1,517.46 1,547.81 3,353.59 40,243.06 074 A 16.06 1,259.35 1,284.54 2,783.17 33,398.04 B 16.86 1,322.31 1,348.76 2,922.31 35,067.76 C 17.70 1,388.43 1,416.20 3,068.43 36,821.20 D 18.59 1,457.85 1,487.01 3,221.86 38,662.26 E 19.52 1,530.76 1,561.38 3,382.99 40,595.88 86 of 535 CITY OF NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION SALARY SCHEDULE Fiscal Year 2016-2017 Exhibit B RANGE STEP HOURLY BASE BIWEEKLY MONTHLY ANNUAL 075 A 16.19 1,270.14 1,295.54 2,807.00 33,684.04 B 17.00 1,333.64 1,360.31 2,947.34 35,368.06 C 17.85 1,400.33 1,428.34 3,094.74 37,136.84 D 18.75 1,470.34 1,499.75 3,249.46 38,993.50 E 19.68 1,543.86 1,574.74 3,411.94 40,943.24 076 A 16.35 1,282.04 1,307.68 2,833.31 33,999.68 B 17.16 1,346.15 1,373.07 2,974.99 35,699.82 C 18.02 1,413.45 1,441.72 3,123.73 37,484.72 D 18.92 1,484.13 1,513.81 3,279.92 39,359.06 E 19.87 1,558.34 1,589.51 3,443.94 41,327.26 077 A 16.47 1,291.72 1,317.55 2,854.69 34,256.30 B 17.29 1,356.30 1,383.43 2,997.43 35,969.18 C 18.16 1,424.13 1,452.61 3,147.32 37,767.86 D 19.07 1,495.33 1,525.24 3,304.69 39,656.24 E 20.02 1,570.09 1,601.49 3,469.90 41,638.74 078 A 16.66 1,306.44 1,332.57 2,887.24 34,646.82 B 17.49 1,371.77 1,399.21 3,031.62 36,379.46 C 18.36 1,440.34 1,469.15 3,183.16 38,197.90 D 19.28 1,512.37 1,542.62 3,342.34 40,108.12 E 20.25 1,588.00 1,619.76 3,509.48 42,113.76 079 A 16.77 1,315.59 1,341.90 2,907.45 34,889.40 B 17.61 1,381.37 1,409.00 3,052.83 36,634.00 C 18.49 1,450.45 1,479.46 3,205.50 38,465.96 D 19.42 1,522.97 1,553.43 3,365.77 40,389.18 E 20.39 1,599.12 1,631.10 3,534.05 42,408.60 080 A 16.92 1,327.40 1,353.95 2,933.56 35,202.70 B 17.77 1,393.78 1,421.66 3,080.26 36,963.16 C 18.66 1,463.48 1,492.75 3,234.29 38,811.50 D 19.59 1,536.63 1,567.36 3,395.95 40,751.36 E 20.57 1,613.46 1,645.73 3,565.75 42,788.98 87 of 535 CITY OF NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION SALARY SCHEDULE Fiscal Year 2016-2017 Exhibit B RANGE STEP HOURLY BASE BIWEEKLY MONTHLY ANNUAL 081 A 17.04 1,336.21 1,362.93 2,953.02 35,436.18 B 17.89 1,403.00 1,431.06 3,100.63 37,207.56 C 18.78 1,473.17 1,502.63 3,255.70 39,068.38 D 19.72 1,546.81 1,577.75 3,418.46 41,021.50 E 20.71 1,624.17 1,656.65 3,589.41 43,072.90 082 A 17.23 1,350.99 1,378.01 2,985.69 35,828.26 B 18.09 1,418.53 1,446.90 3,134.95 37,619.40 C 18.99 1,489.45 1,519.24 3,291.69 39,500.24 D 19.94 1,563.92 1,595.20 3,456.27 41,475.20 E 20.94 1,642.12 1,674.96 3,629.08 43,548.96 083 A 17.35 1,360.89 1,388.11 3,007.57 36,090.86 B 18.22 1,428.93 1,457.51 3,157.94 37,895.26 C 19.13 1,500.38 1,530.39 3,315.85 39,790.14 D 20.09 1,575.40 1,606.91 3,481.64 41,779.66 E 21.09 1,654.17 1,687.25 3,655.71 43,868.50 084 A 17.48 1,370.77 1,398.19 3,029.41 36,352.94 B 18.35 1,439.30 1,468.09 3,180.86 38,170.34 C 19.27 1,511.26 1,541.49 3,339.90 40,078.74 D 20.23 1,586.83 1,618.57 3,506.90 42,082.82 E 21.24 1,666.17 1,699.49 3,682.23 44,186.74 085 A 17.63 1,382.65 1,410.30 3,055.65 36,667.80 B 18.51 1,451.80 1,480.84 3,208.49 38,501.84 C 19.44 1,524.37 1,554.86 3,368.86 40,426.36 D 20.41 1,600.60 1,632.61 3,537.32 42,447.86 E 21.43 1,680.63 1,714.24 3,714.19 44,570.24 086 A 17.84 1,399.38 1,427.37 3,092.64 37,111.62 B 18.73 1,469.35 1,498.74 3,247.27 38,967.24 C 19.67 1,542.81 1,573.67 3,409.62 40,915.42 D 20.65 1,619.94 1,652.34 3,580.07 42,960.84 E 21.69 1,700.94 1,734.96 3,759.08 45,108.96 88 of 535 CITY OF NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION SALARY SCHEDULE Fiscal Year 2016-2017 Exhibit B RANGE STEP HOURLY BASE BIWEEKLY MONTHLY ANNUAL 087 A 17.96 1,408.26 1,436.43 3,112.27 37,347.18 B 18.85 1,478.67 1,508.24 3,267.85 39,214.24 C 19.80 1,552.59 1,583.64 3,431.22 41,174.64 D 20.79 1,630.21 1,662.81 3,602.76 43,233.06 E 21.82 1,711.74 1,745.97 3,782.94 45,395.22 088 A 18.14 1,423.10 1,451.56 3,145.05 37,740.56 B 19.05 1,494.24 1,524.12 3,302.26 39,627.12 C 20.00 1,568.96 1,600.34 3,467.40 41,608.84 D 21.00 1,647.40 1,680.35 3,640.76 43,689.10 E 22.05 1,729.77 1,764.37 3,822.80 45,873.62 089 A 18.35 1,438.92 1,467.70 3,180.02 38,160.20 B 19.26 1,510.89 1,541.11 3,339.07 40,068.86 C 20.23 1,586.43 1,618.16 3,506.01 42,072.16 D 21.24 1,665.75 1,699.07 3,681.32 44,175.82 E 22.30 1,749.03 1,784.01 3,865.36 46,384.26 090 A 18.47 1,448.73 1,477.70 3,201.68 38,420.20 B 19.39 1,521.16 1,551.58 3,361.76 40,341.08 C 20.36 1,597.21 1,629.15 3,529.83 42,357.90 D 21.38 1,677.08 1,710.62 3,706.34 44,476.12 E 22.45 1,760.93 1,796.15 3,891.66 46,699.90 091 A 18.63 1,461.45 1,490.68 3,229.81 38,757.68 B 19.57 1,534.54 1,565.23 3,391.33 40,695.98 C 20.54 1,611.26 1,643.49 3,560.90 42,730.74 D 21.57 1,691.81 1,725.65 3,738.91 44,866.90 E 22.65 1,776.41 1,811.94 3,925.87 47,110.44 092 A 18.77 1,472.49 1,501.94 3,254.20 39,050.44 B 19.71 1,546.11 1,577.03 3,416.90 41,002.78 C 20.70 1,623.42 1,655.89 3,587.76 43,053.14 D 21.73 1,704.59 1,738.68 3,767.14 45,205.68 E 22.82 1,789.81 1,825.61 3,955.49 47,465.86 89 of 535 CITY OF NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION SALARY SCHEDULE Fiscal Year 2016-2017 Exhibit B RANGE STEP HOURLY BASE BIWEEKLY MONTHLY ANNUAL 093 A 18.99 1,489.22 1,519.00 3,291.17 39,494.00 B 19.94 1,563.66 1,594.93 3,455.68 41,468.18 C 20.93 1,641.86 1,674.70 3,628.52 43,542.20 D 21.98 1,723.94 1,758.42 3,809.91 45,718.92 E 23.08 1,810.15 1,846.35 4,000.43 48,005.10 094 A 19.15 1,501.97 1,532.01 3,319.36 39,832.26 B 20.11 1,577.04 1,608.58 3,485.26 41,823.08 C 21.11 1,655.90 1,689.02 3,659.54 43,914.52 D 22.17 1,738.70 1,773.47 3,842.52 46,110.22 E 23.28 1,825.63 1,862.14 4,034.64 48,415.64 095 A 19.28 1,511.84 1,542.08 3,341.17 40,094.08 B 20.24 1,587.46 1,619.21 3,508.29 42,099.46 C 21.25 1,666.83 1,700.17 3,683.70 44,204.42 D 22.31 1,750.16 1,785.16 3,867.85 46,414.16 E 23.43 1,837.66 1,874.41 4,061.22 48,734.66 096 A 19.44 1,524.77 1,555.27 3,369.75 40,437.02 B 20.41 1,601.00 1,633.02 3,538.21 42,458.52 C 21.43 1,681.05 1,714.67 3,715.12 44,581.42 D 22.51 1,765.11 1,800.41 3,900.89 46,810.66 E 23.63 1,853.38 1,890.45 4,095.98 49,151.70 097 A 19.64 1,540.55 1,571.36 3,404.61 40,855.36 B 20.62 1,617.57 1,649.92 3,574.83 42,897.92 C 21.66 1,698.46 1,732.43 3,753.60 45,043.18 D 22.74 1,783.36 1,819.03 3,941.23 47,294.78 E 23.87 1,872.54 1,909.99 4,138.31 49,659.74 098 A 19.79 1,552.40 1,583.45 3,430.81 41,169.70 B 20.78 1,630.02 1,662.62 3,602.34 43,228.12 C 21.82 1,711.51 1,745.74 3,782.44 45,389.24 D 22.91 1,797.08 1,833.02 3,971.54 47,658.52 E 24.06 1,886.93 1,924.67 4,170.12 50,041.42 90 of 535 CITY OF NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION SALARY SCHEDULE Fiscal Year 2016-2017 Exhibit B RANGE STEP HOURLY BASE BIWEEKLY MONTHLY ANNUAL 099 A 19.99 1,568.12 1,599.48 3,465.54 41,586.48 B 20.99 1,646.52 1,679.45 3,638.81 43,665.70 C 22.04 1,728.86 1,763.44 3,820.79 45,849.44 D 23.15 1,815.30 1,851.61 4,011.82 48,141.86 E 24.30 1,906.08 1,944.20 4,212.43 50,549.20 100 A 20.20 1,583.95 1,615.63 3,500.53 42,006.38 B 21.21 1,663.15 1,696.41 3,675.56 44,106.66 C 22.27 1,746.30 1,781.23 3,859.33 46,311.98 D 23.38 1,833.62 1,870.29 4,052.30 48,627.54 E 24.55 1,925.30 1,963.81 4,254.92 51,059.06 101 A 20.36 1,596.75 1,628.69 3,528.83 42,345.94 B 21.38 1,676.58 1,710.11 3,705.24 44,462.86 C 22.45 1,760.41 1,795.62 3,890.51 46,686.12 D 23.57 1,848.43 1,885.40 4,085.03 49,020.40 E 24.75 1,940.85 1,979.67 4,289.29 51,471.42 102 A 20.56 1,612.53 1,644.78 3,563.69 42,764.28 B 21.59 1,693.16 1,727.02 3,741.88 44,902.52 C 22.67 1,777.81 1,813.37 3,928.97 47,147.62 D 23.80 1,866.71 1,904.04 4,125.42 49,505.04 E 24.99 1,960.04 1,999.24 4,331.69 51,980.24 103 A 20.75 1,627.32 1,659.87 3,596.39 43,156.62 B 21.79 1,708.68 1,742.85 3,776.18 45,314.10 C 22.88 1,794.12 1,830.00 3,965.00 47,580.00 D 24.02 1,883.81 1,921.49 4,163.23 49,958.74 E 25.22 1,978.00 2,017.56 4,371.38 52,456.56 104 A 20.91 1,640.22 1,673.02 3,624.88 43,498.52 B 21.96 1,722.23 1,756.67 3,806.12 45,673.42 C 23.06 1,808.34 1,844.51 3,996.44 47,957.26 D 24.21 1,898.76 1,936.74 4,196.27 50,355.24 E 25.42 1,993.71 2,033.58 4,406.09 52,873.08 91 of 535 CITY OF NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION SALARY SCHEDULE Fiscal Year 2016-2017 Exhibit B RANGE STEP HOURLY BASE BIWEEKLY MONTHLY ANNUAL 105 A 21.11 1,656.02 1,689.14 3,659.80 43,917.64 B 22.17 1,738.80 1,773.58 3,842.76 46,113.08 C 23.28 1,825.77 1,862.29 4,034.96 48,419.54 D 24.44 1,917.04 1,955.38 4,236.66 50,839.88 E 25.66 2,012.89 2,053.15 4,448.49 53,381.90 106 A 21.28 1,668.86 1,702.24 3,688.19 44,258.24 B 22.34 1,752.30 1,787.35 3,872.59 46,471.10 C 23.46 1,839.91 1,876.71 4,066.21 48,794.46 D 24.63 1,931.90 1,970.54 4,269.50 51,234.04 E 25.86 2,028.49 2,069.06 4,482.96 53,795.56 107 A 21.47 1,683.75 1,717.43 3,721.10 44,653.18 B 22.54 1,767.95 1,803.31 3,907.17 46,886.06 C 23.67 1,856.34 1,893.47 4,102.52 49,230.22 D 24.85 1,949.15 1,988.13 4,307.62 51,691.38 E 26.09 2,046.61 2,087.54 4,523.00 54,276.04 108 A 21.67 1,699.43 1,733.42 3,755.74 45,068.92 B 22.75 1,784.38 1,820.07 3,943.49 47,321.82 C 23.89 1,873.61 1,911.08 4,140.67 49,688.08 D 25.08 1,967.30 2,006.65 4,347.74 52,172.90 E 26.34 2,065.67 2,106.98 4,565.12 54,781.48 109 A 21.89 1,717.19 1,751.53 3,794.98 45,539.78 B 22.99 1,803.06 1,839.12 3,984.76 47,817.12 C 24.14 1,893.19 1,931.05 4,183.94 50,207.30 D 25.35 1,987.87 2,027.63 4,393.20 52,718.38 E 26.61 2,087.25 2,129.00 4,612.83 55,354.00 110 A 22.08 1,731.91 1,766.55 3,827.53 45,930.30 B 23.19 1,818.52 1,854.89 4,018.93 48,227.14 C 24.35 1,909.43 1,947.62 4,219.84 50,638.12 D 25.56 2,004.92 2,045.02 4,430.88 53,170.52 E 26.84 2,105.16 2,147.26 4,652.40 55,828.76 92 of 535 CITY OF NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION SALARY SCHEDULE Fiscal Year 2016-2017 Exhibit B RANGE STEP HOURLY BASE BIWEEKLY MONTHLY ANNUAL 111 A 22.27 1,746.81 1,781.75 3,860.46 46,325.50 B 23.39 1,834.15 1,870.83 4,053.47 48,641.58 C 24.55 1,925.85 1,964.37 4,256.14 51,073.62 D 25.78 2,022.16 2,062.60 4,468.97 53,627.60 E 27.07 2,123.27 2,165.74 4,692.44 56,309.24 112 A 22.47 1,762.55 1,797.80 3,895.23 46,742.80 B 23.60 1,850.67 1,887.68 4,089.97 49,079.68 C 24.78 1,943.20 1,982.06 4,294.46 51,533.56 D 26.01 2,040.36 2,081.17 4,509.20 54,110.42 E 27.32 2,142.37 2,185.22 4,734.64 56,815.72 113 A 22.70 1,780.27 1,815.88 3,934.41 47,212.88 B 23.83 1,869.27 1,906.66 4,131.10 49,573.16 C 25.03 1,962.76 2,002.02 4,337.71 52,052.52 D 26.28 2,060.89 2,102.11 4,554.57 54,654.86 E 27.59 2,163.92 2,207.20 4,782.27 57,387.20 114 A 22.90 1,796.04 1,831.96 3,969.25 47,630.96 B 24.04 1,885.85 1,923.57 4,167.74 50,012.82 C 25.25 1,980.14 2,019.74 4,376.10 52,513.24 D 26.51 2,079.14 2,120.72 4,594.89 55,138.72 E 27.83 2,183.10 2,226.76 4,824.65 57,895.76 115 A 23.11 1,812.86 1,849.12 4,006.43 48,077.12 B 24.27 1,903.53 1,941.60 4,206.80 50,481.60 C 25.48 1,998.69 2,038.66 4,417.10 53,005.16 D 26.76 2,098.64 2,140.61 4,637.99 55,655.86 E 28.10 2,203.56 2,247.63 4,869.87 58,438.38 116 A 23.32 1,828.66 1,865.23 4,041.33 48,495.98 B 24.48 1,920.11 1,958.51 4,243.44 50,921.26 C 25.71 2,016.10 2,056.42 4,455.58 53,466.92 D 26.99 2,116.92 2,159.26 4,678.40 56,140.76 E 28.34 2,222.77 2,267.23 4,912.33 58,947.98 93 of 535 CITY OF NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION SALARY SCHEDULE Fiscal Year 2016-2017 Exhibit B RANGE STEP HOURLY BASE BIWEEKLY MONTHLY ANNUAL 117 A 23.50 1,843.46 1,880.33 4,074.05 48,888.58 B 24.68 1,935.64 1,974.35 4,277.76 51,333.10 C 25.91 2,032.41 2,073.06 4,491.63 53,899.56 D 27.21 2,134.04 2,176.72 4,716.23 56,594.72 E 28.57 2,240.73 2,285.54 4,952.00 59,424.04 118 A 23.73 1,861.35 1,898.58 4,113.59 49,363.08 B 24.92 1,954.41 1,993.50 4,319.25 51,831.00 C 26.16 2,052.13 2,093.17 4,535.20 54,422.42 D 27.47 2,154.75 2,197.85 4,762.01 57,144.10 E 28.85 2,262.48 2,307.73 5,000.08 60,000.98 119 A 23.93 1,877.13 1,914.67 4,148.45 49,781.42 B 25.13 1,971.00 2,010.42 4,355.91 52,270.92 C 26.39 2,069.56 2,110.95 4,573.73 54,884.70 D 27.71 2,173.02 2,216.48 4,802.37 57,628.48 E 29.09 2,281.67 2,327.30 5,042.48 60,509.80 120 A 24.17 1,895.73 1,933.64 4,189.55 50,274.64 B 25.38 1,990.51 2,030.32 4,399.03 52,788.32 C 26.65 2,090.06 2,131.86 4,619.03 55,428.36 D 27.98 2,194.54 2,238.43 4,849.93 58,199.18 E 29.38 2,304.27 2,350.36 5,092.45 61,109.36 121 A 24.41 1,914.55 1,952.84 4,231.15 50,773.84 B 25.63 2,010.29 2,050.50 4,442.75 53,313.00 C 26.91 2,110.80 2,153.02 4,664.88 55,978.52 D 28.26 2,216.34 2,260.67 4,898.12 58,777.42 E 29.67 2,327.16 2,373.70 5,143.02 61,716.20 122 A 24.62 1,931.33 1,969.96 4,268.25 51,218.96 B 25.86 2,027.91 2,068.47 4,481.69 53,780.22 C 27.15 2,129.30 2,171.89 4,705.76 56,469.14 D 28.51 2,235.78 2,280.50 4,941.08 59,293.00 E 29.93 2,347.57 2,394.52 5,188.13 62,257.52 94 of 535 CITY OF NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION SALARY SCHEDULE Fiscal Year 2016-2017 Exhibit B RANGE STEP HOURLY BASE BIWEEKLY MONTHLY ANNUAL 123 A 24.89 1,952.10 1,991.14 4,314.14 51,769.64 B 26.13 2,049.72 2,090.71 4,529.87 54,358.46 C 27.44 2,152.21 2,195.25 4,756.38 57,076.50 D 28.81 2,259.80 2,305.00 4,994.17 59,930.00 E 30.25 2,372.79 2,420.25 5,243.88 62,926.50 124 A 25.08 1,966.79 2,006.13 4,346.62 52,159.38 B 26.33 2,065.12 2,106.42 4,563.91 54,766.92 C 27.65 2,168.39 2,211.76 4,792.15 57,505.76 D 29.03 2,276.80 2,322.34 5,031.74 60,380.84 E 30.48 2,390.64 2,438.45 5,283.31 63,399.70 125 A 25.30 1,984.68 2,024.37 4,386.14 52,633.62 B 26.57 2,083.91 2,125.59 4,605.45 55,265.34 C 27.90 2,188.11 2,231.87 4,835.72 58,028.62 D 28.95 2,270.39 2,315.80 5,017.57 60,210.80 E 30.76 2,412.37 2,460.62 5,331.34 63,976.12 126 A 25.56 2,004.45 2,044.54 4,429.84 53,158.04 B 26.83 2,104.67 2,146.76 4,651.31 55,815.76 C 28.18 2,209.90 2,254.10 4,883.88 58,606.60 D 29.59 2,320.39 2,366.80 5,128.07 61,536.80 E 31.06 2,436.41 2,485.14 5,384.47 64,613.64 127 A 25.76 2,020.11 2,060.51 4,464.44 53,573.26 B 27.04 2,121.13 2,163.55 4,687.69 56,252.30 C 28.40 2,227.18 2,271.72 4,922.06 59,064.72 D 29.82 2,338.53 2,385.30 5,168.15 62,017.80 E 31.31 2,455.47 2,504.58 5,426.59 65,119.08 128 A 26.01 2,039.95 2,080.75 4,508.29 54,099.50 B 27.31 2,141.94 2,184.78 4,733.69 56,804.28 C 28.68 2,249.04 2,294.02 4,970.38 59,644.52 D 30.11 2,361.49 2,408.72 5,218.89 62,626.72 E 31.61 2,479.57 2,529.16 5,479.85 65,758.16 95 of 535 CITY OF NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION SALARY SCHEDULE Fiscal Year 2016-2017 Exhibit B RANGE STEP HOURLY BASE BIWEEKLY MONTHLY ANNUAL 129 A 26.25 2,058.60 2,099.77 4,549.50 54,594.02 B 27.56 2,161.53 2,204.76 4,776.98 57,323.76 C 28.94 2,269.62 2,315.01 5,015.86 60,190.26 D 30.38 2,383.10 2,430.76 5,266.65 63,199.76 E 31.90 2,502.24 2,552.28 5,529.94 66,359.28 130 A 26.47 2,076.29 2,117.82 4,588.61 55,063.32 B 27.80 2,180.12 2,223.72 4,818.06 57,816.72 C 29.19 2,289.12 2,334.90 5,058.95 60,707.40 D 30.65 2,403.58 2,451.65 5,311.91 63,742.90 E 32.18 2,523.75 2,574.23 5,577.50 66,929.98 131 A 26.72 2,096.03 2,137.95 4,632.23 55,586.70 B 28.06 2,200.83 2,244.85 4,863.84 58,366.10 C 29.46 2,310.87 2,357.09 5,107.03 61,284.34 D 30.94 2,426.42 2,474.95 5,362.39 64,348.70 E 32.48 2,547.75 2,598.71 5,630.54 67,566.46 132 A 26.98 2,115.86 2,158.18 4,676.06 56,112.68 B 28.33 2,221.66 2,266.09 4,909.86 58,918.34 C 29.74 2,332.74 2,379.39 5,155.35 61,864.14 D 31.23 2,449.36 2,498.35 5,413.09 64,957.10 E 32.79 2,571.84 2,623.28 5,683.77 68,205.28 133 A 27.22 2,134.61 2,177.30 4,717.48 56,609.80 B 28.58 2,241.36 2,286.19 4,953.41 59,440.94 C 30.01 2,353.42 2,400.49 5,201.06 62,412.74 D 31.51 2,471.10 2,520.52 5,461.13 65,533.52 E 33.08 2,594.64 2,646.53 5,734.15 68,809.78 134 A 27.49 2,156.28 2,199.41 4,765.39 57,184.66 B 28.87 2,264.10 2,309.38 5,003.66 60,043.88 C 30.31 2,377.30 2,424.85 5,253.84 63,046.10 D 31.83 2,496.17 2,546.09 5,516.53 66,198.34 E 33.42 2,620.99 2,673.41 5,792.39 69,508.66 96 of 535 CITY OF NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION SALARY SCHEDULE Fiscal Year 2016-2017 Exhibit B RANGE STEP HOURLY BASE BIWEEKLY MONTHLY ANNUAL 135 A 27.71 2,173.18 2,216.64 4,802.72 57,632.64 B 29.09 2,281.83 2,327.47 5,042.85 60,514.22 C 30.55 2,395.93 2,443.85 5,295.01 63,540.10 D 32.08 2,515.71 2,566.02 5,559.71 66,716.52 E 33.68 2,641.52 2,694.35 5,837.76 70,053.10 136 A 27.98 2,194.77 2,238.67 4,850.45 58,205.42 B 29.38 2,304.50 2,350.59 5,092.95 61,115.34 C 30.85 2,419.74 2,468.13 5,347.62 64,171.38 D 32.39 2,540.71 2,591.52 5,614.96 67,379.52 E 34.01 2,667.75 2,721.11 5,895.74 70,748.86 137 A 28.25 2,215.48 2,259.79 4,896.21 58,754.54 B 29.66 2,326.26 2,372.79 5,141.05 61,692.54 C 31.14 2,442.55 2,491.40 5,398.03 64,776.40 D 32.70 2,564.68 2,615.97 5,667.94 68,015.22 E 34.33 2,692.91 2,746.77 5,951.34 71,416.02 138 A 28.50 2,235.37 2,280.08 4,940.17 59,282.08 B 29.93 2,347.11 2,394.05 5,187.11 62,245.30 C 31.42 2,464.49 2,513.78 5,446.52 65,358.28 D 32.99 2,587.71 2,639.46 5,718.83 68,625.96 E 34.64 2,717.09 2,771.43 6,004.77 72,057.18 139 A 28.79 2,257.97 2,303.13 4,990.12 59,881.38 B 30.23 2,370.86 2,418.28 5,239.61 62,875.28 C 31.74 2,489.40 2,539.19 5,501.58 66,018.94 D 33.33 2,613.87 2,666.15 5,776.66 69,319.90 E 34.99 2,744.57 2,799.46 6,065.50 72,785.96 140 A 29.05 2,278.74 2,324.31 5,036.01 60,432.06 B 30.51 2,392.68 2,440.53 5,287.82 63,453.78 C 32.03 2,512.30 2,562.55 5,552.19 66,626.30 D 33.63 2,637.91 2,690.67 5,829.79 69,957.42 E 35.32 2,769.81 2,825.21 6,121.29 73,455.46 97 of 535 CITY OF NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION SALARY SCHEDULE Fiscal Year 2016-2017 Exhibit B RANGE STEP HOURLY BASE BIWEEKLY MONTHLY ANNUAL 141 A 29.34 2,301.43 2,347.46 5,086.16 61,033.96 B 30.81 2,416.50 2,464.83 5,340.47 64,085.58 C 32.35 2,537.31 2,588.06 5,607.46 67,289.56 D 33.97 2,664.20 2,717.48 5,887.87 70,654.48 E 35.67 2,797.40 2,853.35 6,182.26 74,187.10 142 A 29.59 2,321.13 2,367.55 5,129.69 61,556.30 B 31.07 2,437.19 2,485.93 5,386.18 64,634.18 C 32.63 2,559.06 2,610.24 5,655.52 67,866.24 D 34.26 2,687.01 2,740.75 5,938.29 71,259.50 E 35.97 2,821.36 2,877.79 6,235.21 74,822.54 143 A 29.86 2,341.86 2,388.70 5,175.52 62,106.20 B 31.35 2,458.95 2,508.13 5,434.28 65,211.38 C 32.92 2,581.90 2,633.54 5,706.00 68,472.04 D 34.57 2,710.99 2,765.21 5,991.29 71,895.46 E 36.29 2,846.54 2,903.47 6,290.85 75,490.22 144 A 30.13 2,363.51 2,410.78 5,223.36 62,680.28 B 31.64 2,481.67 2,531.30 5,484.48 65,813.80 C 33.22 2,605.75 2,657.87 5,758.72 69,104.62 D 34.88 2,736.04 2,790.76 6,046.65 72,559.76 E 36.63 2,872.85 2,930.31 6,349.01 76,188.06 145 A 30.43 2,386.31 2,434.04 5,273.75 63,285.04 B 31.95 2,505.63 2,555.74 5,537.44 66,449.24 C 33.54 2,630.92 2,683.54 5,814.34 69,772.04 D 35.22 2,762.45 2,817.70 6,105.02 73,260.20 E 36.98 2,900.58 2,958.59 6,410.28 76,923.34 146 A 30.74 2,410.92 2,459.14 5,328.14 63,937.64 B 32.28 2,531.46 2,582.09 5,594.53 67,134.34 C 33.89 2,658.03 2,711.19 5,874.25 70,490.94 D 35.58 2,790.94 2,846.76 6,167.98 74,015.76 E 37.36 2,930.49 2,989.10 6,476.38 77,716.60 98 of 535 CITY OF NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION SALARY SCHEDULE Fiscal Year 2016-2017 Exhibit B RANGE STEP HOURLY BASE BIWEEKLY MONTHLY ANNUAL 147 A 31.00 2,431.68 2,480.31 5,374.01 64,488.06 B 32.55 2,553.26 2,604.33 5,642.72 67,712.58 C 34.18 2,680.93 2,734.55 5,924.86 71,098.30 D 35.89 2,814.97 2,871.27 6,221.09 74,653.02 E 37.69 2,955.72 3,014.83 6,532.13 78,385.58 148 A 31.29 2,454.33 2,503.42 5,424.08 65,088.92 B 32.86 2,577.05 2,628.59 5,695.28 68,343.34 C 34.50 2,705.89 2,760.01 5,980.02 71,760.26 D 36.23 2,841.18 2,898.00 6,279.00 75,348.00 E 38.04 2,983.25 3,042.92 6,592.99 79,115.92 149 A 31.60 2,478.15 2,527.71 5,476.71 65,720.46 B 33.18 2,602.06 2,654.10 5,750.55 69,006.60 C 34.84 2,732.16 2,786.80 6,038.07 72,456.80 D 36.58 2,868.77 2,926.15 6,339.99 76,079.90 E 38.41 3,012.20 3,072.44 6,656.95 79,883.44 150 A 31.88 2,500.73 2,550.74 5,526.60 66,319.24 B 33.48 2,625.77 2,678.29 5,802.96 69,635.54 C 35.15 2,757.04 2,812.18 6,093.06 73,116.68 D 36.91 2,894.91 2,952.81 6,397.76 76,773.06 E 38.76 3,039.63 3,100.42 6,717.58 80,610.92 151 A 32.14 2,520.46 2,570.87 5,570.22 66,842.62 B 33.74 2,646.46 2,699.39 5,848.68 70,184.14 C 35.43 2,778.80 2,834.38 6,141.16 73,693.88 D 37.20 2,917.73 2,976.08 6,448.17 77,378.08 E 39.06 3,063.62 3,124.89 6,770.60 81,247.14 152 A 32.46 2,546.09 2,597.01 5,626.86 67,522.26 B 34.09 2,673.40 2,726.87 5,908.22 70,898.62 C 35.79 2,807.05 2,863.19 6,203.58 74,442.94 D 37.58 2,947.41 3,006.36 6,513.78 78,165.36 E 39.46 3,094.77 3,156.67 6,839.45 82,073.42 99 of 535 CITY OF NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION SALARY SCHEDULE Fiscal Year 2016-2017 Exhibit B RANGE STEP HOURLY BASE BIWEEKLY MONTHLY ANNUAL 153 A 32.78 2,570.79 2,622.21 5,681.46 68,177.46 B 34.42 2,699.33 2,753.32 5,965.53 71,586.32 C 36.14 2,834.30 2,890.99 6,263.81 75,165.74 D 37.94 2,976.01 3,035.53 6,576.98 78,923.78 E 39.84 3,124.80 3,187.30 6,905.82 82,869.80 154 A 33.08 2,594.50 2,646.39 5,733.85 68,806.14 B 34.73 2,724.22 2,778.70 6,020.52 72,246.20 C 36.47 2,860.44 2,917.65 6,321.58 75,858.90 D 38.29 3,003.45 3,063.52 6,637.63 79,651.52 E 40.21 3,153.62 3,216.69 6,969.50 83,633.94 155 A 33.41 2,620.23 2,672.63 5,790.70 69,488.38 B 35.08 2,751.23 2,806.25 6,080.21 72,962.50 C 36.83 2,888.80 2,946.58 6,384.26 76,611.08 D 38.67 3,033.26 3,093.93 6,703.52 80,442.18 E 40.61 3,184.91 3,248.61 7,038.66 84,463.86 156 A 33.72 2,645.00 2,697.90 5,845.45 70,145.40 B 35.41 2,777.24 2,832.78 6,137.69 73,652.28 C 37.18 2,916.11 2,974.43 6,444.60 77,335.18 D 39.04 3,061.91 3,123.15 6,766.83 81,201.90 E 40.99 3,215.23 3,279.53 7,105.65 85,267.78 157 A 34.04 2,669.46 2,722.85 5,899.51 70,794.10 B 35.74 2,802.95 2,859.01 6,194.52 74,334.26 C 37.52 2,943.09 3,001.95 6,504.23 78,050.70 D 39.40 3,090.23 3,152.03 6,829.40 81,952.78 E 41.37 3,244.75 3,309.65 7,170.91 86,050.90 158 A 34.34 2,693.17 2,747.03 5,951.90 71,422.78 B 36.05 2,827.82 2,884.38 6,249.49 74,993.88 C 37.86 2,969.22 3,028.60 6,561.97 78,743.60 D 39.75 3,117.69 3,180.04 6,890.09 82,681.04 E 41.74 3,273.57 3,339.04 7,234.59 86,815.04 100 of 535 CITY OF NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION SALARY SCHEDULE Fiscal Year 2016-2017 Exhibit B RANGE STEP HOURLY BASE BIWEEKLY MONTHLY ANNUAL 159 A 34.67 2,718.85 2,773.23 6,008.67 72,103.98 B 36.40 2,854.80 2,911.90 6,309.12 75,709.40 C 38.22 2,997.54 3,057.49 6,624.56 79,494.74 D 40.13 3,147.40 3,210.35 6,955.76 83,469.10 E 42.14 3,304.80 3,370.90 7,303.62 87,643.40 160 A 21.71 1,702.78 1,736.84 3,763.15 45,157.84 B 22.80 1,787.92 1,823.68 3,951.31 47,415.68 C 23.94 1,877.32 1,914.87 4,148.89 49,786.62 D 25.13 1,971.19 2,010.61 4,356.32 52,275.86 E 26.39 2,069.75 2,111.15 4,574.16 54,889.90 161 A 35.33 2,771.14 2,826.56 6,124.21 73,490.56 B 37.10 2,909.70 2,967.89 6,430.43 77,165.14 C 38.95 3,055.17 3,116.27 6,751.92 81,023.02 D 40.90 3,207.94 3,272.10 7,089.55 85,074.60 E 42.95 3,368.33 3,435.70 7,444.02 89,328.20 162 A 35.67 2,797.90 2,853.86 6,183.36 74,200.36 B 37.46 2,937.79 2,996.55 6,492.53 77,910.30 C 39.33 3,084.69 3,146.38 6,817.16 81,805.88 D 41.30 3,238.90 3,303.68 7,157.97 85,895.68 E 43.36 3,400.84 3,468.86 7,515.86 90,190.36 163 A 35.96 2,820.53 2,876.94 6,233.37 74,800.44 B 37.76 2,961.56 3,020.79 6,545.05 78,540.54 C 39.65 3,109.65 3,171.84 6,872.32 82,467.84 D 41.63 3,265.13 3,330.43 7,215.93 86,591.18 E 43.71 3,428.39 3,496.96 7,576.75 90,920.96 164 A 36.34 2,850.10 2,907.10 6,298.72 75,584.60 B 38.16 2,992.60 3,052.45 6,613.64 79,363.70 C 40.06 3,142.24 3,205.08 6,944.34 83,332.08 D 42.07 3,299.35 3,365.34 7,291.57 87,498.84 E 44.17 3,464.30 3,533.59 7,656.11 91,873.34 101 of 535 CITY OF NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION SALARY SCHEDULE Fiscal Year 2016-2017 Exhibit B RANGE STEP HOURLY BASE BIWEEKLY MONTHLY ANNUAL 165 A 36.69 2,877.81 2,935.37 6,359.97 76,319.62 B 38.53 3,021.69 3,082.12 6,677.93 80,135.12 C 40.45 3,172.78 3,236.24 7,011.85 84,142.24 D 42.48 3,331.41 3,398.04 7,362.42 88,349.04 E 44.60 3,497.99 3,567.95 7,730.56 92,766.70 166 A 37.07 2,907.36 2,965.51 6,425.27 77,103.26 B 38.92 3,052.73 3,113.78 6,746.52 80,958.28 C 40.87 3,205.38 3,269.49 7,083.90 85,006.74 D 42.91 3,365.63 3,432.94 7,438.04 89,256.44 E 45.06 3,533.92 3,604.60 7,809.97 93,719.60 167 A 37.41 2,934.00 2,992.68 6,484.14 77,809.68 B 39.28 3,080.70 3,142.31 6,808.34 81,700.06 C 41.24 3,234.73 3,299.42 7,148.74 85,784.92 D 43.31 3,396.48 3,464.41 7,506.22 90,074.66 E 45.47 3,566.29 3,637.62 7,881.51 94,578.12 168 A 37.81 2,965.58 3,024.89 6,553.93 78,647.14 B 39.70 3,113.83 3,176.11 6,881.57 82,578.86 C 41.69 3,269.54 3,334.93 7,225.68 86,708.18 D 43.77 3,433.02 3,501.68 7,586.97 91,043.68 E 45.96 3,604.67 3,676.76 7,966.31 95,595.76 169 A 38.16 2,993.32 3,053.19 6,615.25 79,382.94 B 40.07 3,142.99 3,205.85 6,946.01 83,352.10 C 42.08 3,300.12 3,366.12 7,293.26 87,519.12 D 44.18 3,465.15 3,534.45 7,657.98 91,895.70 E 46.39 3,638.40 3,711.17 8,040.87 96,490.42 170 A 38.53 3,021.83 3,082.27 6,678.25 80,139.02 B 40.45 3,172.93 3,236.39 7,012.18 84,146.14 C 42.48 3,331.58 3,398.21 7,362.79 88,353.46 D 44.60 3,498.15 3,568.11 7,730.91 92,770.86 E 46.83 3,673.06 3,746.52 8,117.46 97,409.52 102 of 535 CITY OF NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION SALARY SCHEDULE Fiscal Year 2016-2017 Exhibit B RANGE STEP HOURLY BASE BIWEEKLY MONTHLY ANNUAL 171 A 38.97 3,056.34 3,117.47 6,754.52 81,054.22 B 40.92 3,209.15 3,273.33 7,092.22 85,106.58 C 42.96 3,369.60 3,436.99 7,446.81 89,361.74 D 45.11 3,538.10 3,608.86 7,819.20 93,830.36 E 47.37 3,715.00 3,789.30 8,210.15 98,521.80 0.00 0.00 172 A 39.33 3,085.07 3,146.77 6,818.00 81,816.02 B 41.30 3,239.33 3,304.12 7,158.93 85,907.12 C 43.37 3,401.30 3,469.33 7,516.88 90,202.58 D 45.53 3,571.35 3,642.78 7,892.69 94,712.28 E 47.81 3,749.93 3,824.93 8,287.35 99,448.18 173 A 39.74 3,116.59 3,178.92 6,887.66 82,651.92 B 41.72 3,272.42 3,337.87 7,232.05 86,784.62 C 43.81 3,436.05 3,504.77 7,593.67 91,124.02 D 46.00 3,607.83 3,679.99 7,973.31 95,679.74 E 48.30 3,788.23 3,863.99 8,371.98 100,463.74 174 A 40.13 3,147.13 3,210.07 6,955.15 83,461.82 B 42.13 3,304.49 3,370.58 7,302.92 87,635.08 C 44.24 3,469.72 3,539.11 7,668.07 92,016.86 D 46.45 3,643.20 3,716.06 8,051.46 96,617.56 E 48.77 3,825.37 3,901.88 8,454.07 101,448.88 175 A 40.52 3,177.78 3,241.34 7,022.90 84,274.84 B 42.54 3,336.67 3,403.40 7,374.03 88,488.40 C 44.67 3,503.48 3,573.55 7,742.69 92,912.30 D 46.90 3,678.69 3,752.26 8,129.90 97,558.76 E 49.25 3,862.59 3,939.84 8,536.32 102,435.84 176 A 40.92 3,209.39 3,273.58 7,092.76 85,113.08 B 42.97 3,369.87 3,437.27 7,447.42 89,369.02 C 45.11 3,538.36 3,609.13 7,819.78 93,837.38 D 47.37 3,715.27 3,789.58 8,210.76 98,529.08 E 49.74 3,901.03 3,979.05 8,621.28 103,455.30 103 of 535 CITY OF NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION SALARY SCHEDULE Fiscal Year 2016-2017 Exhibit B RANGE STEP HOURLY BASE BIWEEKLY MONTHLY ANNUAL 177 A 41.36 3,243.91 3,308.79 7,169.05 86,028.54 B 43.43 3,406.09 3,474.21 7,527.46 90,329.46 C 45.60 3,576.40 3,647.93 7,903.85 94,846.18 D 47.88 3,755.20 3,830.30 8,298.98 99,587.80 E 50.27 3,942.99 4,021.85 8,714.01 104,568.10 178 A 41.76 3,275.52 3,341.03 7,238.90 86,866.78 B 43.85 3,439.30 3,508.09 7,600.86 91,210.34 C 46.04 3,611.26 3,683.49 7,980.90 95,770.74 D 48.35 3,791.83 3,867.67 8,379.95 100,559.42 E 50.76 3,981.42 4,061.05 8,798.94 105,587.30 179 A 42.19 3,308.96 3,375.14 7,312.80 87,753.64 B 44.30 3,474.42 3,543.91 7,678.47 92,141.66 C 46.51 3,648.14 3,721.10 8,062.38 96,748.60 D 48.84 3,830.54 3,907.15 8,465.49 101,585.90 E 51.28 4,022.06 4,102.50 8,888.75 106,665.00 180 A 42.58 3,339.59 3,406.38 7,380.49 88,565.88 B 44.71 3,506.56 3,576.69 7,749.50 92,993.94 C 46.94 3,681.90 3,755.54 8,137.00 97,644.04 D 49.29 3,865.99 3,943.31 8,543.84 102,526.06 E 51.76 4,059.29 4,140.48 8,971.04 107,652.48 181 A 43.02 3,374.07 3,441.55 7,456.69 89,480.30 B 45.17 3,542.78 3,613.64 7,829.55 93,954.64 C 47.43 3,719.93 3,794.33 8,221.05 98,652.58 D 49.80 3,905.91 3,984.03 8,632.07 103,584.78 E 52.29 4,101.20 4,183.22 9,063.64 108,763.72 182 A 43.47 3,409.64 3,477.83 7,535.30 90,423.58 B 45.65 3,580.14 3,651.74 7,912.10 94,945.24 C 47.93 3,759.13 3,834.31 8,307.67 99,692.06 D 50.33 3,947.09 4,026.03 8,723.07 104,676.78 E 52.84 4,144.44 4,227.33 9,159.22 109,910.58 104 of 535 CITY OF NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION SALARY SCHEDULE Fiscal Year 2016-2017 Exhibit B RANGE STEP HOURLY BASE BIWEEKLY MONTHLY ANNUAL 183 A 43.89 3,442.26 3,511.11 7,607.41 91,288.86 B 46.08 3,614.39 3,686.68 7,987.81 95,853.68 C 48.39 3,795.10 3,871.00 8,387.17 100,646.00 D 50.81 3,984.86 4,064.56 8,806.55 105,678.56 E 53.35 4,184.09 4,267.77 9,246.84 110,962.02 184 A 44.34 3,477.70 3,547.25 7,685.71 92,228.50 B 46.56 3,651.58 3,724.61 8,069.99 96,839.86 C 48.89 3,834.16 3,910.84 8,473.49 101,681.84 D 51.33 4,025.89 4,106.41 8,897.22 106,766.66 E 53.90 4,227.17 4,311.71 9,342.04 112,104.46 185 A 44.78 3,512.30 3,582.55 7,762.19 93,146.30 B 47.02 3,687.93 3,761.69 8,150.33 97,803.94 C 49.37 3,872.34 3,949.79 8,557.88 102,694.54 D 51.84 4,065.94 4,147.26 8,985.73 107,828.76 E 54.43 4,269.25 4,354.64 9,435.05 113,220.64 186 A 45.26 3,549.80 3,620.80 7,845.07 94,140.80 B 47.52 3,727.29 3,801.84 8,237.32 98,847.84 C 49.90 3,913.66 3,991.93 8,649.18 103,790.18 D 52.39 4,109.35 4,191.54 9,081.67 108,980.04 E 55.01 4,314.79 4,401.09 9,535.70 114,428.34 187 A 45.68 3,582.43 3,654.08 7,917.17 95,006.08 B 47.96 3,761.55 3,836.78 8,313.02 99,756.28 C 50.36 3,949.62 4,028.61 8,728.66 104,743.86 D 52.88 4,147.11 4,230.05 9,165.11 109,981.30 E 55.52 4,354.45 4,441.54 9,623.34 115,480.04 188 A 46.14 3,618.83 3,691.21 7,997.62 95,971.46 B 48.45 3,799.79 3,875.79 8,397.55 100,770.54 C 50.87 3,989.77 4,069.57 8,817.40 105,808.82 D 53.41 4,189.25 4,273.04 9,258.25 111,099.04 E 56.08 4,398.73 4,486.70 9,721.18 116,654.20 105 of 535 CITY OF NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION SALARY SCHEDULE Fiscal Year 2016-2017 Exhibit B RANGE STEP HOURLY BASE BIWEEKLY MONTHLY ANNUAL 189 A 46.63 3,657.39 3,730.54 8,082.84 96,994.04 B 48.96 3,840.26 3,917.07 8,486.99 101,843.82 C 51.41 4,032.27 4,112.92 8,911.33 106,935.92 D 53.98 4,233.89 4,318.57 9,356.90 112,282.82 E 56.68 4,445.57 4,534.48 9,824.71 117,896.48 190 A 47.06 3,690.96 3,764.78 8,157.02 97,884.28 B 49.41 3,875.51 3,953.02 8,564.88 102,778.52 C 51.88 4,069.27 4,150.66 8,993.10 107,917.16 D 54.48 4,272.73 4,358.18 9,442.72 113,312.68 E 57.20 4,486.39 4,576.12 9,914.93 118,979.12 191 A 47.53 3,727.47 3,802.02 8,237.71 98,852.52 B 49.90 3,913.82 3,992.10 8,649.55 103,794.60 C 52.40 4,109.51 4,191.70 9,082.02 108,984.20 D 55.02 4,315.00 4,401.30 9,536.15 114,433.80 E 57.77 4,530.74 4,621.35 10,012.93 120,155.10 192 A 48.02 3,766.01 3,841.33 8,322.88 99,874.58 B 50.42 3,954.30 4,033.39 8,739.01 104,868.14 C 52.94 4,152.02 4,235.06 9,175.96 110,111.56 D 55.59 4,359.63 4,446.82 9,634.78 115,617.32 E 58.36 4,577.60 4,669.15 10,116.49 121,397.90 193 A 48.51 3,804.48 3,880.57 8,407.90 100,894.82 B 50.93 3,994.71 4,074.60 8,828.30 105,939.60 C 53.48 4,194.45 4,278.34 9,269.74 111,236.84 D 56.15 4,404.18 4,492.26 9,733.23 116,798.76 E 58.96 4,624.37 4,716.86 10,219.86 122,638.36 194 A 49.00 3,842.91 3,919.77 8,492.84 101,914.02 B 51.45 4,035.07 4,115.77 8,917.50 107,010.02 C 54.02 4,236.82 4,321.56 9,363.38 112,360.56 D 56.72 4,448.65 4,537.62 9,831.51 117,978.12 E 59.56 4,671.08 4,764.50 10,323.08 123,877.00 106 of 535 CITY OF NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION SALARY SCHEDULE Fiscal Year 2016-2017 Exhibit B RANGE STEP HOURLY BASE BIWEEKLY MONTHLY ANNUAL 195 A 49.46 3,879.40 3,956.99 8,573.48 102,881.74 B 51.94 4,073.36 4,154.83 9,002.13 108,025.58 C 54.53 4,277.05 4,362.59 9,452.28 113,427.34 D 57.26 4,490.89 4,580.71 9,924.87 119,098.46 E 60.12 4,715.44 4,809.75 10,421.13 125,053.50 196 A 49.95 3,917.88 3,996.24 8,658.52 103,902.24 B 52.45 4,113.77 4,196.05 9,091.44 109,097.30 C 55.07 4,319.47 4,405.86 9,546.03 114,552.36 D 57.83 4,535.44 4,626.15 10,023.33 120,279.90 E 60.72 4,762.22 4,857.46 10,524.50 126,293.96 197 A 50.47 3,958.50 4,037.67 8,748.29 104,979.42 B 52.99 4,156.42 4,239.55 9,185.69 110,228.30 C 55.64 4,364.25 4,451.54 9,645.00 115,740.04 D 58.43 4,582.44 4,674.09 10,127.20 121,526.34 E 61.35 4,811.56 4,907.79 10,633.55 127,602.54 198 A 50.95 3,995.94 4,075.86 8,831.03 105,972.36 B 53.50 4,195.72 4,279.63 9,272.53 111,270.38 C 56.17 4,405.52 4,493.63 9,736.20 116,834.38 D 58.98 4,625.79 4,718.31 10,223.01 122,676.06 E 61.93 4,857.08 4,954.22 10,734.14 128,809.72 199 A 51.48 4,037.34 4,118.09 8,922.53 107,070.34 B 54.05 4,239.20 4,323.98 9,368.62 112,423.48 C 56.75 4,451.17 4,540.19 9,837.08 118,044.94 D 59.59 4,673.72 4,767.19 10,328.91 123,946.94 E 62.57 4,907.40 5,005.55 10,845.36 130,144.30 200 A 51.99 4,077.83 4,159.39 9,012.01 108,144.14 B 54.59 4,281.73 4,367.36 9,462.61 113,551.36 C 57.32 4,495.82 4,585.74 9,935.77 119,229.24 D 60.19 4,720.60 4,815.01 10,432.52 125,190.26 E 63.20 4,956.63 5,055.76 10,954.15 131,449.76 107 of 535 CITY OF NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION SALARY SCHEDULE Fiscal Year 2016-2017 Exhibit B RANGE STEP HOURLY BASE BIWEEKLY MONTHLY ANNUAL 201 A 52.52 4,119.19 4,201.57 9,103.40 109,240.82 B 55.15 4,325.13 4,411.63 9,558.53 114,702.38 C 57.90 4,541.39 4,632.22 10,036.48 120,437.72 D 60.80 4,768.47 4,863.84 10,538.32 126,459.84 E 63.84 5,006.88 5,107.02 11,065.21 132,782.52 202 A 53.06 4,161.60 4,244.83 9,197.13 110,365.58 B 55.71 4,369.68 4,457.07 9,656.99 115,883.82 C 58.50 4,588.17 4,679.93 10,139.85 121,678.18 D 61.42 4,817.57 4,913.92 10,646.83 127,761.92 E 64.50 5,058.46 5,159.63 11,179.20 134,150.38 203 A 53.54 4,199.27 4,283.26 9,280.40 111,364.76 B 56.22 4,409.23 4,497.41 9,744.39 116,932.66 C 59.03 4,629.70 4,722.29 10,231.63 122,779.54 D 61.98 4,861.19 4,958.41 10,743.22 128,918.66 E 65.08 5,104.24 5,206.32 11,280.36 135,364.32 204 A 54.09 4,242.64 4,327.49 9,376.23 112,514.74 B 56.80 4,454.77 4,543.87 9,845.05 118,140.62 C 59.64 4,677.50 4,771.05 10,337.28 124,047.30 D 62.62 4,911.38 5,009.61 10,854.16 130,249.86 E 65.75 5,156.95 5,260.09 11,396.86 136,762.34 205 A 54.65 4,286.04 4,371.76 9,472.15 113,665.76 B 57.38 4,500.34 4,590.35 9,945.76 119,349.10 C 60.25 4,725.36 4,819.87 10,443.05 125,316.62 D 63.26 4,961.65 5,060.88 10,965.24 131,582.88 E 66.42 5,209.71 5,313.90 11,513.45 138,161.40 206 A 55.19 4,328.47 4,415.04 9,565.92 114,791.04 B 57.95 4,544.89 4,635.79 10,044.21 120,530.54 C 60.84 4,772.14 4,867.58 10,546.42 126,557.08 D 63.89 5,010.75 5,110.97 11,073.77 132,885.22 E 67.08 5,261.28 5,366.51 11,627.44 139,529.26 108 of 535 CITY OF NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION SALARY SCHEDULE Fiscal Year 2016-2017 Exhibit B RANGE STEP HOURLY BASE BIWEEKLY MONTHLY ANNUAL 207 A 55.75 4,372.82 4,460.28 9,663.94 115,967.28 B 58.54 4,591.44 4,683.27 10,147.09 121,765.02 C 61.47 4,821.03 4,917.45 10,654.48 127,853.70 D 64.54 5,062.07 5,163.31 11,187.17 134,246.06 E 67.77 5,315.18 5,421.48 11,746.54 140,958.48 208 A 56.33 4,418.15 4,506.51 9,764.11 117,169.26 B 59.15 4,639.07 4,731.85 10,252.34 123,028.10 C 62.11 4,871.01 4,968.43 10,764.93 129,179.18 D 65.21 5,114.56 5,216.85 11,303.18 135,638.10 E 68.47 5,370.29 5,477.70 11,868.35 142,420.20 109 of 535 - CALIFDNM1IA ti 1.0,1tOtilAL erne MEA RANGE ADJUSTMENTS Effective July 5, 2016 Job Classification Salary Range NEW Salary Range Accountant 114 121 Accountant Trainee 96 103 Accounting Assistant 76 83 Administrative Secretary 87 92 Administrative Technician 95 102 Assistant Engineer -Civil 143 146 Assistant Planner 119 124 Assistant Tree Trimmer 82 89 Associate Engineer -Civil 156 159 Associate Planner 130 135 Building Inspector 123 128 Building Inspector/Plan Checker 133 138 Building Trades Specialist 102 105 Buyer 92 099 Civil Engineering Technician 108 114 Community Development Spec I 119 124 Community Development Spec II 130 135 Community Services Officer 73 080 Construction Inspector 118 123 Crime Analyst 120 125 Custodian 56 059 Electrician 102 108 110 of 535 page 1 CALIFONM1JA ti amty MEA RANGE ADJUSTMENTS Effective July 5, 2016 Job Classification Salary Range NEW Salary Range Equipment Mechanic 105 110 Equipment Operator 98 101 Executive Chef 81 084 Executive Secretary 101 108 Fire Inspector 123 128 Graffiti Removal Assistant 76 082 Graffiti Removal Technician 98 101 Housing Inspector I 113 116 Housing Inspector II 123 126 Housing Specialist 116 122 Junior Engineer - Civil 126 129 Lead Equipment Mechanic 115 120 Lead Tree Trimmer 93 100 Library Technician 88 093 Maintenance Worker 76 082 Management Analyst Trainee 101 108 Office Assistant 53 56 Park Caretaker 74 080 Park Equipment Operator 98 101 Park Supervisor 109 116 Parking Regulations Officer 83 085 Permit Technician 86 092 111 of 535 page 2 CALIFONM1JA ti Inty MEA RANGE ADJUSTMENTS Effective July 5, 2016 Job Classification Salary Range NEW Salary Range Planning Technician 98 104 Plans Examiner 139 144 Police Dispatcher 113 119 Police Investigator 123 128 Police Records Clerk 63 069 Police Records Supervisor 120 123 Property Agent 130 136 Purchasing Clerk 76 83 Recreation Center Supervisor 95 100 Senior Accounting Assistant 92 99 Senior Building Inspector 133 138 Senior Civil Engineering Tech 123 125 Senior Construction Inspector 133 138 Senior Equipment Operator 110 113 Senior Housing Specialist 126 132 Senior Office Assistant 63 069 Senior Park Caretaker 82 088 Senior Traffic Painter 98 101 Sous Chef 63 066 STOP Grant Office Coordinator 87 92 Storm Water Complinace Inspector 123 125 Street Sweeper Operator 98 101 112 of 535 page 3 CALIFONM1JA ti amty MEA RANGE ADJUSTMENTS Effective July 5, 2016 Job Classification Salary Range NEW Salary Range Supervising Custodian 67 071 Traffic Painter 86 089 Training Coordinator 74 077 Tree Trimmer 87 094 113 of 535 page 4 RESOLUTION NO. 2016 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A SALARY SCHEDULE FOR THE MUNICIPAL EMPLOYEES' ASSOCIATION EMPLOYEE GROUP FOR FISCAL YEAR 2017 IN COMPLIANCE WITH THE REQUIREMENTS OF THE CALIFORNIA PUBLIC EMPLOYEE'S RETIREMENT SYSTEM (CALPERS) NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves the Fiscal Year 2017 Salary Schedule for the Municipal Employee's Association Employee Group, attached hereto as Exhibit "A". PASSED and ADOPTED this 215t day of June, 2016. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor 114 of 535 City of National City Exhibit A Human Resources Department LIST OF CLASSIFICATIONS REPRESENTED BY MUNICIPAL EMPLOYEES' ASSOCIATION Fiscal Year 2016-2017 CLERICAL AND FISCAL POSITIONS SALARY RANGE MONTHLY SALARY Accountant 121 $4,231 - $5,143 Accountant Trainee 103 $3,596 - $4,371 Accounting Assistant 83 $3,008 - $3,656 Administrative Secretary 92 $3,254 - $3,955 Administrative Technician 102 $3,564 - $4,332 Buyer 99 $3,466 - $4,212 Executive Secretary 108 $3,756 - $4,565 Management Analyst Trainee 108 $3,756 - $4,565 Office Assistant 56 $2,382 - $2,895 Purchasing Clerk 83 $3,008 - $3,656 Senior Accounting Assistant 99 $3,466 - $4,212 Senior Office Assistant 69 $2,663 - $3,237 ENGINEERING, PLANNING AND INSPECTION POSITIONS SALARY RANGE MONTHLY SALARY Assistant Engineer -Civil 146 $5,328 - $6,476 Assistant Planner 124 $4,347 - $5,283 Associate Engineer -Civil 159 $6,009 - $7,304 Associate Planner 135 $4,803 - $5,838 Building Inspector 128 $4,508 - $5,480 Building Inspector/Plan Checker 138 $4,940 - $6,005 Civil Engineering Technician 114 $3,969 - $4,825 Code Conformance Officer I 113 $3,934 - $4,782 Code Conformance Officer II 123 $4,314 - $5,244 Construction Inspector 123 $4,314 - $5,244 Fire Inspector 128 $4,508 - $5,480 Graffiti Removal Assistant 82 $2,986 - $3,629 Graffiti Removal Technician 101 $3,529 - $4,289 Junior Engineer -Civil 129 $4,550 - $5,530 Parking Regulations Officer 85 $3,056 - $3,714 City of National City Exhibit A Human Resources Department LIST OF CLASSIFICATIONS REPRESENTED BY MUNICIPAL EMPLOYEES' ASSOCIATION Fiscal Year 2016-2017 ENGINEERING, PLANNING AND INSPECTION POSITIONS SALARY RANGE MONTHLY SALARY Permit Technician 92 $3,254 - $3,955 Planning Technician 104 $3,625 - $4,406 Plans Examiner 144 $5,223 - $6,349 Senior Building Inspector 138 $4,940 - $6,005 Senior Civil Engineering Technician 125 $4,386 - $5,331 Senior Code Conformance Officer 133 $4,717 - $5,734 Senior Construction Inspector 138 $4,940 - $6,005 Storm Water Compliance Inspector 125 $4,386 - $5,331 LIBRARY AND COMMUNITY SERVICES POSITIONS SALARY RANGE MONTHLY SALARY Academic Enrichment Programs Coord 124 $4,347 - $5,283 Executive Chef 84 $3,029 - $3,682 Home Delivered Meals Coordinator 60 $2,467 - $2,998 Librarian 124 $4,347 - $5,283 Librarian (Literacy Services) 124 $4,347 - $5,283 Library Assistant 63 $2,534 - $3,080 Library Technician 93 $3,291 - $4,000 Neighborhood Council Specialist 101 $3,529 - $4,289 Recreation Center Supervisor 100 $3,501 - $4,255 Recreation Supervisor 112 $3,895 - $4,735 Senior Librarian 134 $4,765 - $5,792 Senior Library Technician 93 $3,291 - $4,000 Sous Chef 66 $2,598 - $3,157 POLICE SUPPORT POSITIONS SALARY RANGE MONTHLY SALARY Abandoned Vehicle Abatement Officer 83 $3,008 - $3,656 Alarm Program Coordinator 63 $2,534 - $3,080 Animal Regulations Officer 98 $3,431 - $4,170 Page 2 116 of 535 City of National City Exhibit A Human Resources Department LIST OF CLASSIFICATIONS REPRESENTED BY MUNICIPAL EMPLOYEES' ASSOCIATION Fiscal Year 2016-2017 POLICE SUPPORT POSITIONS SALARY RANGE MONTHLY SALARY Community Services Officer 73 $2,759 - $3,354 Crime Analyst 125 $4,386 - $5,331 Crime Scene Specialist 112 $3,895 - $4,735 Police Dispatch Supervisor 145 $5,274 - $6,410 Police Dispatcher 119 $4,148 - $5,042 Police Investigative Aide 105 $3,660 - $4,448 Police Investigator (Non -sworn) 128 $4,508 - $5,480 Police Operations Assistant 93 $3,291 - $4,000 Police Records Clerk 69 $2,663 - $3,237 Police Records Supervisor 123 $4,314 - $5,244 Property & Evidence Specialist I 92 $3,254 - $3,955 Property & Evidence Specialist II 112 $3,895 - $4,735 Property & Evidence Unit Supervisor 123 $4,314 - $5,244 Stop Grant Office Coordinator 92 $3,254 - $3,955 Training Coordinator 77 $2,855 - $3,470 COMMUNITY DEVELOPMENT AND HOUSING POSITIONS SALARY RANGE MONTHLY SALARY Community Development Specialist I 124 $4,347 - $5,283 Community Development Specialist II 135 $4,803 - $5,838 Housing Assistant 89 $3,180 - $3,865 Housing Inspector I 116 $4,041 - $4,912 Housing Inspector II 126 $4,430 - $5,384 Housing Specialist 122 $4,268 - $5,188 Lead Hazard Control Program Case Mgr 110 $3,828 - $4,652 Lead Hazard Control Program Coord 120 $4,190 - $5,092 Lead Housing Inspector 115 $4,006 - $4,870 Lead Risk Inspector/Assessor 115 $4,006 - $4,870 Lead Sampling Technician 86 $3,093 - $3,759 Property Agent 136 $4,850 - $5,896 Senior Housing Specialist 132 $4,676 - $5,684 Page 3 117 of 535 City of National City Exhibit A Human Resources Department LIST OF CLASSIFICATIONS REPRESENTED BY MUNICIPAL EMPLOYEES' ASSOCIATION Fiscal Year 2016-2017 PARK MAINTENANCE POSITIONS SALARY RANGE MONTHLY SALARY Assistant Tree Trimmer 89 $3,180 - $3,865 Lead Tree Trimmer 100 $3,501 - $4,255 Park Caretaker 80 $2,934 - $3,566 Park Supervisor 116 $4,041 - $4,912 Parks Equipment Operator 101 $3,529 - $4,289 Senior Park Caretaker 88 $3,145 - $3,823 Tree Trimmer 94 $3,319 - $4,035 PUBLIC WORKS POSITIONS SALARY RANGE MONTHLY SALARY Building Trades Specialist 105 $3,660 - $4,448 Carpenter 102 $3,564 - $4,332 Custodian 59 $2,447 - $2,974 Electrician 108 $3,756 - $4,565 Equipment Mechanic 110 $3,828 - $4,652 Equipment Operator 101 $3,529 - $4,289 Lead Equipment Mechanic 120 $4,190 - $5,092 Maintenance Worker 82 $2,986 - $3,629 Plumber 102 $3,564 - $4,332 Senior Equipment Operator 113 $3,934 - $4,782 Senior Traffic Painter 101 $3,529 - $4,289 Street Sweeper Operator 101 $3,529 - $4,289 Supervising Custodian 71 $2,707 - $3,290 Traffic Painter 89 $3,180 - $3,865 Wastewater Crew Chief 110 $3,828 - $4,652 Pd e 4 118 of 535 CITY OF NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION SALARY SCHEDULE Fiscal Year 2016-2017 Exhibit B RANGE STEP HOURLY BASE BIWEEKLY MONTHLY ANNUAL 051 A 13.18 1,033.36 1,054.03 2,283.73 27,404.78 B 13.83 1,085.02 1,106.72 2,397.89 28,774.72 C 14.53 1,139.27 1,162.06 2,517.80 30,213.56 D 15.25 1,196.23 1,220.15 2,643.66 31,723.90 E 16.01 1,256.04 1,281.16 2,775.85 33,310.16 052 A 12.88 1,009.81 1,030.01 2,231.69 26,780.26 B 13.52 1,060.29 1,081.50 2,343.25 28,119.00 C 14.19 1,113.31 1,135.58 2,460.42 29,525.08 D 14.90 1,168.98 1,192.36 2,583.45 31,001.36 E 15.65 1,227.42 1,251.97 2,712.60 32,551.22 053 A 13.00 1,019.42 1,039.81 2,252.92 27,035.06 B 13.65 1,070.40 1,091.81 2,365.59 28,387.06 C 14.33 1,123.92 1,146.40 2,483.87 29,806.40 D 15.05 1,180.13 1,203.73 2,608.08 31,296.98 E 15.80 1,239.12 1,263.90 2,738.45 32,861.40 054 A 13.10 1,027.11 1,047.65 2,269.91 27,238.90 B 13.75 1,078.48 1,100.05 2,383.44 28,601.30 C 14.44 1,132.38 1,155.03 2,502.57 30,030.78 D 15.16 1,189.01 1,212.79 2,627.71 31,532.54 E 15.92 1,248.47 1,273.44 2,759.12 33,109.44 055 A 13.23 1,037.71 1,058.46 2,293.33 27,519.96 B 13.89 1,089.60 1,111.39 2,408.01 28,896.14 C 14.59 1,144.07 1,166.95 2,528.39 30,340.70 D 15.32 1,201.28 1,225.31 2,654.84 31,858.06 E 16.08 1,261.34 1,286.57 2,787.57 33,450.82 056 A 13.74 1,077.64 1,099.19 2,381.58 28,578.94 B 14.43 1,131.51 1,154.14 2,500.64 30,007.64 C 15.15 1,188.08 1,211.84 2,625.65 31,507.84 D 15.91 1,247.49 1,272.44 2,756.95 33,083.44 E 16.70 1,309.86 1,336.06 2,894.80 34,737.56 Page 1 of 27 119 of 535 CITY OF NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION SALARY SCHEDULE Fiscal Year 2016-2017 Exhibit B RANGE STEP HOURLY BASE BIWEEKLY MONTHLY ANNUAL 057 A 13.88 1,088.67 1,110.44 2,405.95 28,871.44 B 14.57 1,143.11 1,165.97 2,526.27 30,315.22 C 15.30 1,200.26 1,224.27 2,652.59 31,831.02 D 16.07 1,260.27 1,285.48 2,785.21 33,422.48 E 16.87 1,323.27 1,349.74 2,924.44 35,093.24 058 A 14.00 1,098.42 1,120.39 2,427.51 29,130.14 B 14.71 1,153.33 1,176.40 2,548.87 30,586.40 C 15.44 1,211.00 1,235.22 2,676.31 32,115.72 D 16.21 1,271.56 1,296.99 2,810.15 33,721.74 E 17.02 1,335.14 1,361.84 2,950.65 35,407.84 059 A 14.12 1,107.24 1,129.38 2,446.99 29,363.88 B 14.82 1,162.58 1,185.83 2,569.30 30,831.58 C 15.56 1,220.70 1,245.11 2,697.74 32,372.86 D 16.34 1,281.73 1,307.36 2,832.61 33,991.36 E 17.16 1,345.85 1,372.77 2,974.34 35,692.02 060 A 14.23 1,116.19 1,138.51 2,466.77 29,601.26 B 14.94 1,171.99 1,195.43 2,590.10 31,081.18 C 15.69 1,230.59 1,255.20 2,719.60 32,635.20 D 16.47 1,292.12 1,317.96 2,855.58 34,266.96 E 17.30 1,356.74 1,383.87 2,998.39 35,980.62 061 A 14.33 1,124.05 1,146.53 2,484.15 29,809.78 B 15.05 1,180.25 1,203.86 2,608.36 31,300.36 C 15.80 1,239.27 1,264.06 2,738.80 32,865.56 D 16.59 1,301.23 1,327.25 2,875.71 34,508.50 E 17,42 1,366.28 1,393.61 3,019.49 36,233.86 062 A 14.50 1,136.90 1,159.64 2,512.55 30,150.64 B 15.22 1,193.76 1,217.64 2,638.22 31,658.64 C 15.98 1,253.43 1,278.50 2,770.08 33,241.00 D 16.78 1,316.11 1,342.43 2,908.60 34,903.18 E 17.62 1,381.90 1,409.54 3,054.00 36,648.04 Page 2 of 27 120 of 535 CITY OF NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION SALARY SCHEDULE Fiscal Year 2016-2017 Exhibit B RANGE STEP HOURLY BASE BIWEEKLY MONTHLY ANNUAL 063 A 14.62 1,146.74 1,169.67 2,534.29 30,411.42 B 15.35 1,204.09 1,228.17 2,661.04 31,932.42 C 16.12 1,264.29 1,289.58 2,794.09 33,529.08 D 16.93 1,327.51 1,354.06 2,933.80 35,205.56 E 17.77 1,393.88 1,421.76 3,080.48 36,965.76 064 A 14.73 1,155.67 1,178.78 2,554.02 30,648.28 B 15.47 1,213.46 1,237.73 2,681.75 32,180.98 C 16.25 1,274.14 1,299.62 2,815.84 33,790.12 D 17.06 1,337.85 1,364.61 2,956.66 35,479.86 E 17.91 1,404.72 1,432.81 3,104.42 37,253.06 065 A 14.86 1,165.47 1,188.78 2,575.69 30,908.28 B 15.60 1,223.75 1,248.23 2,704.50 32,453.98 C 16.38 1,284.94 1,310.64 2,839.72 34,076.64 D 17.20 1,349.17 1,376.15 2,981.66 35,779.90 E 18.06 1,416.64 1,444.97 3,130.77 37,569.22 066 A 14.99 1,175.39 1,198.90 2,597.62 31,171.40 B 15.74 1,234.17 1,258.85 2,727.51 32,730.10 C 16.52 1,295.87 1,321.79 2,863.88 34,366.54 D 17.35 1,360.67 1,387.88 3,007.07 36,084.88 E 18.22 1,428.69 1,457.26 3,157.40 37,888.76 067 A 15.10 1,184.29 1,207.98 2,617.29 31,407.48 B 15.85 1,243.50 1,268.37 2,748.14 32,977.62 C 16.65 1,305.69 1,331.80 2,885.57 34,626.80 D 17.48 1,370.97 1,398.39 3,029.85 36,358.14 E 18.35 1,439.50 1,468.29 3,181.30 38,175.54 068 A 15.23 1,194.20 1,218.08 2,639.17 31,670.08 B 15.99 1,253.93 1,279.01 2,771.19 33,254.26 C 16.79 1,316.62 1,342.95 2,909.73 34,916.70 D 17.63 1,382.45 1,410.10 3,055.22 36,662.60 E 18.51 1,451.57 1,480.60 3,207.97 38,495.60 Page 3 of 27 121 of 535 CITY OF NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION SALARY SCHEDULE Fiscal Year 2016-2017 Exhibit B RANGE STEP HOURLY BASE BIWEEKLY MONTHLY ANNUAL 069 A 15.36 1,205.02 1,229.12 2,663.09 31,957.12 B 16.13 1,265.27 1,290.58 2,796.26 33,555.08 C 16.94 1,328.52 1,355.09 2,936.03 35,232.34 D 17.79 1,394.95 1,422.85 3,082.84 36,994.10 E 18.67 1,464.70 1,493.99 3,236.98 38,843.74 070 A 15.46 1,212.76 1,237.02 2,680.21 32,162.52 B 16.24 1,273.40 1,298.87 2,814.22 33,770.62 C 17.05 1,337.07 1,363.81 2,954.92 35,459.06 D 17.90 1,403.91 1,431.99 3,102.65 37,231.74 E 18.80 1,474.12 1,503.60 3,257.80 39,093.60 071 A 15.62 1,224.72 1,249.21 2,706.62 32,479.46 B 16.40 1,285.96 1,311.68 2,841.97 34,103.68 C 17.22 1,350.25 1,377.26 2,984.06 35,808.76 D 18.08 1,417.76 1,446.12 3,133.26 37,599.12 E 18.98 1,488.66 1,518.43 3,289.93 39,479.18 072 A 15.75 1,235.58 1,260.29 2,730.63 32,767.54 B 16.54 1,297.37 1,323.32 2,867.19 34,406.32 C 17.37 1,362.23 1,389.47 3,010.52 36,126.22 D 18.24 1,430.34 1,458.95 3,161.06 37,932.70 E 19.15 1,501.85 1,531.89 3,319.10 39,829.14 073 A 15.92 1,248.42 1,273.39 2,759.01 33,108.14 B 16.71 1,310.84 1,337.06 2,896.96 34,763.56 C 17.55 1,376.39 1,403.92 3,041.83 36,501.92 D 18.43 1,445.20 1,474.10 3,193.88 38,326.60 E 19.35 1,517.46 1,547.81 3,353.59 40,243.06 074 A 16.06 1,259.35 1,284.54 2,783.17 33,398.04 B 16.86 1,322.31 1,348.76 2,922.31 35,067.76 C 17.70 1,388.43 1,416.20 3,068.43 36,821.20 D 18.59 1,457.85 1,487.01 3,221.86 38,662.26 E 19.52 1,530.76 1,561.38 3,382.99 40,595.88 Page 4 of 27 122 of 535 CITY OF NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION SALARY SCHEDULE Fiscal Year 2016-2017 Exhibit B RANGE STEP HOURLY BASE BIWEEKLY MONTHLY ANNUAL 075 A 16.19 1,270.14 1,295.54 2,807.00 33,684.04 B 17.00 1,333.64 1,360.31 2,947.34 35,368.06 C 17.85 1,400.33 1,428.34 3,094.74 37,136.84 D 18.75 1,470.34 1,499.75 3,249.46 38,993.50 E 19.68 1,543.86 1,574.74 3,411.94 40,943.24 076 A 16.35 1,282.04 1,307.68 2,833.31 33,999.68 B 17.16 1,346.15 1,373.07 2,974.99 35,699.82 C 18.02 1,413.45 1,441.72 3,123.73 37,484.72 D 18.92 1,484.13 1,513.81 3,279.92 39,359.06 E 19.87 1,558.34 1,589.51 3,443.94 41,327.26 077 A 16.47 1,291.72 1,317.55 2,854.69 34,256.30 B 17.29 1,356.30 1,383.43 2,997.43 35,969.18 C 18.16 1,424.13 1,452.61 3,147.32 37,767.86 D 19.07 1,495.33 1,525.24 3,304.69 39,656.24 E 20.02 1,570.09 1,601.49 3,469.90 41,638.74 078 A 16.66 1,306.44 1,332.57 2,887.24 34,646.82 B 17.49 1,371.77 1,399.21 3,031.62 36,379.46 C 18.36 1,440.34 1,469.15 3,183.16 38,197.90 D 19.28 1,512.37 1,542.62 3,342.34 40,108.12 E 20.25 1,588.00 1,619.76 3,509.48 42,113.76 079 A 16.77 1,315.59 1,341.90 2,907.45 34,889.40 B 17.61 1,381.37 1,409.00 3,052.83 36,634.00 C 18.49 1,450.45 1,479.46 3,205.50 38,465.96 D 19.42 1,522.97 1,553.43 3,365.77 40,389.18 E 20.39 1,599.12 1,631.10 3,534.05 42,408.60 080 A 16.92 1,327.40 1,353.95 2,933.56 35,202.70 B 17.77 1,393.78 1,421.66 3,080.26 36,963.16 C 18.66 1,463.48 1,492.75 3,234.29 38,811.50 D 19.59 1,536.63 1,567.36 3,395.95 40,751.36 E 20.57 1,613.46 1,645.73 3,565.75 42,788.98 Page 5 of 27 123 of 535 CITY OF NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION SALARY SCHEDULE Fiscal Year 2016-2017 Exhibit B RANGE STEP HOURLY BASE BIWEEKLY MONTHLY ANNUAL 081 A 17.04 1,336.21 1,362.93 2,953.02 35,436.18 B 17.89 1,403.00 1,431.06 3,100.63 37,207.56 C 18.78 1,473.17 1,502.63 3,255.70 39,068.38 D 19.72 1,546.81 1,577.75 3,418.46 41,021.50 E 20.71 1,624.17 1,656.65 3,589.41 43,072.90 082 A 17.23 1,350.99 1,378.01 2,985.69 35,828.26 B 18.09 1,418.53 1,446.90 3,134.95 37,619.40 C 18.99 1,489.45 1,519.24 3,291.69 39,500.24 D 19.94 1,563.92 1,595.20 3,456.27 41,475.20 E 20.94 1,642.12 1,674.96 3,629.08 43,548.96 083 A 17.35 1,360.89 1,388.11 3,007.57 36,090.86 B 18.22 1,428.93 1,457.51 3,157.94 37,895.26 C 19.13 1,500.38 1,530.39 3,315.85 39,790.14 D 20.09 1,575.40 1,606.91 3,481.64 41,779.66 E 21.09 1,654.17 1,687.25 3,655.71 43, 868.50 084 A 17.48 1,370.77 1,398.19 3,029.41 36,352.94 B 18.35 1,439.30 1,468.09 3,180.86 38,170.34 C 19.27 1,511.26 1,541.49 3,339.90 40,078.74 D 20.23 1,586.83 1,618.57 3,506.90 42,082.82 E 21.24 1,666.17 1,699.49 3,682.23 44,186.74 085 A 17.63 1,382.65 1,410.30 3,055.65 36,667.80 B 18.51 1,451.80 1,480.84 3,208.49 38,501.84 C 19.44 1,524.37 1,554.86 3,368.86 40,426.36 D 20.41 1,600.60 1,632.61 3,537.32 42,447.86 E 21.43 1,680.63 1,714.24 3,714.19 44,570.24 086 A 17.84 1,399.38 1,427.37 3,092.64 37,111.62 B 18.73 1,469.35 1,498.74 3,247.27 38,967.24 C 19.67 1,542.81 1,573.67 3,409.62 40,915.42 D 20.65 1,619.94 1,652.34 3,580.07 42,960.84 E 21.69 1,700.94 1,734.96 3,759.08 45,108.96 Page 6 of 27 124 of 535 CITY OF NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION SALARY SCHEDULE Fiscal Year 2016-2017 Exhibit B RANGE STEP HOURLY BASE BIWEEKLY MONTHLY ANNUAL 087 A 17.96 1,408.26 1,436.43 3,112.27 37,347.18 B 18.85 1,478.67 1,508.24 3,267.85 39,214.24 C 19.80 1,552.59 1,583.64 3,431.22 41,174.64 D 20.79 1,630.21 1,662.81 3,602.76 43, 233.06 E 21.82 1,711.74 1,745.97 3,782.94 45,395.22 088 A 18.14 1,423.10 1,451.56 3,145.05 37,740.56 B 19.05 1,494.24 1,524.12 3,302.26 39,627.12 C 20.00 1,568.96 1,600.34 3,467.40 41,608.84 D 21.00 1,647.40 1,680.35 3,640.76 43,689.10 E 22.05 1,729.77 1,764.37 3,822.80 45,873.62 089 A 18.35 1,438.92 1,467.70 3,180.02 38,160.20 B 19.26 1,510.89 1,541.11 3,339.07 40,068.86 C 20.23 1,586.43 1,618.16 3,506.01 42,072.16 D 21.24 1,665.75 1,699.07 3,681.32 44,175.82 E 22.30 1,749.03 1,784.01 3,865.36 46,384.26 090 A 18.47 1,448.73 1,477.70 3,201.68 38,420.20 B 19.39 1,521.16 1,551.58 3,361.76 40,341.08 C 20.36 1,597.21 1,629.15 3,529.83 42,357.90 D 21.38 1,677.08 1,710.62 3,706.34 44,476.12 E 22.45 1,760.93 1,796.15 3,891.66 46,699.90 091 A 18.63 1,461.45 1,490.68 3,229.81 38,757.68 B 19.57 1,534.54 1,565.23 3,391.33 40,695.98 C 20.54 1,611.26 1,643.49 3,560.90 42,730.74 D 21.57 1,691.81 1,725.65 3,738.91 44,866.90 E 22.65 1,776.41 1,811.94 3,925.87 47,110.44 092 A 18.77 1,472.49 1,501.94 3,254.20 39,050.44 B 19.71 1,546.11 1,577.03 3,416.90 41,002.78 C 20.70 1,623.42 1,655.89 3,587.76 43,053.14 D 21.73 1,704.59 1,738.68 3,767.14 45,205.68 E 22.82 1,789.81 1,825.61 3,955.49 47,465.86 Page 7 of 27 125 of 535 CITY OF NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION SALARY SCHEDULE Fiscal Year 2016-2017 Exhibit B RANGE STEP HOURLY BASE BIWEEKLY MONTHLY ANNUAL 093 A 18.99 1,489.22 1,519.00 3,291.17 39,494.00 B 19.94 1,563.66 1,594.93 3,455.68 41,468.18 C 20.93 1,641.86 1,674.70 3,628.52 43,542.20 D 21.98 1,723.94 1,758.42 3,809.91 45,718.92 E 23.08 1,810.15 1,846.35 4,000.43 48,005.10 094 A 19.15 1,501.97 1,532.01 3,319.36 39,832.26 B 20.11 1,577.04 1,608.58 3,485.26 41,823.08 C 21.11 1,655.90 1,689.02 3,659.54 43,914.52 D 22.17 1,738.70 1,773.47 3,842.52 46,110.22 E 23.28 1,825.63 1,862.14 4,034.64 48,415.64 095 A 19.28 1,511.84 1,542.08 3,341.17 40,094.08 B 20.24 1,587.46 1,619.21 3,508.29 42,099.46 C 21.25 1,666.83 1,700.17 3,683.70 44,204.42 D 22.31 1,750.16 1,785.16 3,867.85 46,414.16 E 23.43 1,837.66 1,874.41 4,061.22 48,734.66 096 A 19.44 1,524.77 1,555.27 3,369.75 40,437.02 B 20.41 1,601.00 1,633.02 3,538.21 42,458.52 C 21.43 1,681.05 1,714.67 3,715.12 44,581.42 D 22.51 1,765.11 1,800.41 3,900.89 46,810.66 E 23.63 1,853.38 1,890.45 4,095.98 49,151.70 097 A 19.64 1,540.55 1,571.36 3,404.61 40,855.36 B 20.62 1,617.57 1,649.92 3,574.83 42,897.92 C 21.66 1,698.46 1,732.43 3,753.60 45,043.18 D 22.74 1,783.36 1,819.03 3,941.23 47,294.78 E 23.87 1,872.54 1,909.99 4,138.31 49,659.74 098 A 19.79 1,552.40 1,583.45 3,430.81 41,169.70 B 20.78 1,630.02 1,662.62 3,602.34 43,228.12 C 21.82 1,711.51 1,745.74 3,782.44 45,389.24 D 22.91 1,797.08 1,833.02 3,971.54 47,658.52 E 24.06 1,886.93 1,924.67 4,170.12 50,041.42 Page 8 of 27 126 of 535 CITY OF NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION SALARY SCHEDULE Fiscal Year 2016-2017 Exhibit B RANGE STEP HOURLY BASE BIWEEKLY MONTHLY ANNUAL 099 A 19.99 1,568.12 1,599.48 3,465.54 41,586.48 B 20.99 1,646.52 1,679.45 3,638.81 43,665.70 C 22.04 1,728.86 1,763.44 3,820.79 45,849.44 D 23.15 1,815.30 1,851.61 4,011.82 48,141.86 E 24.30 1,906.08 1,944.20 4,212.43 50,549.20 100 A 20.20 1,583.95 1,615.63 3,500.53 42,006.38 B 21.21 1,663.15 1,696.41 3,675.56 44,106.66 C 22.27 1,746.30 1,781.23 3,859.33 46,311.98 D 23.38 1,833.62 1,870.29 4,052.30 48,627.54 E 24.55 1,925.30 1,963.81 4,254.92 51,059.06 101 A 20.36 1,596.75 1,628.69 3,528.83 42,345.94 B 21.38 1,676.58 1,710.11 3,705.24 44,462.86 C 22.45 1,760.41 1,795.62 3,890.51 46,686.12 D 23.57 1,848.43 1,885.40 4,085.03 49,020.40 E 24.75 1,940.85 1,979.67 4,289.29 51,471.42 102 A 20.56 1,612.53 1,644.78 3,563.69 42,764.28 B 21.59 1,693.16 1,727.02 3,741.88 44,902.52 C 22.67 1,777.81 1,813.37 3,928.97 47,147.62 D 23.80 1,866.71 1,904.04 4,125.42 49,505.04 E 24.99 1,960.04 1,999.24 4,331.69 51,980.24 103 A 20.75 1,627.32 1,659.87 3,596.39 43,156.62 B 21.79 1,708.68 1,742.85 3,776.18 45,314.10 C 22.88 1,794.12 1,830.00 3,965.00 47,580.00 D 24.02 1,883.81 1,921.49 4,163.23 49,958.74 E 25.22 1,978.00 2,017.56 4,371.38 52,456.56 104 A 20.91 1,640.22 1,673.02 3,624.88 43,498.52 B 21.96 1,722.23 1,756.67 3,806.12 45,673.42 C 23.06 1,808.34 1,844.51 3,996.44 47,957.26 D 24.21 1,898.76 1,936.74 4,196.27 50,355.24 E 25.42 1,993.71 2,033.58 4,406.09 52,873.08 Page 9 of 27 127 of 535 CITY OF NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION SALARY SCHEDULE Fiscal Year 2016-2017 Exhibit B RANGE STEP HOURLY BASE BIWEEKLY MONTHLY ANNUAL 105 A 21.11 1,656.02 1,689.14 3,659.80 43,917.64 B 22.17 1,738.80 1,773.58 3,842.76 46,113.08 C 23.28 1,825.77 1,862.29 4,034.96 48,419.54 D 24.44 1,917.04 1,955.38 4,236.66 50,839.88 E 25.66 2,012.89 2,053.15 4,448.49 53,381.90 106 A 21.28 1,668.86 1,702.24 3,688.19 44,258.24 B 22.34 1,752.30 1,787.35 3,872.59 46,471.10 C 23.46 1,839.91 1,876.71 4,066.21 48,794.46 D 24.63 1,931.90 1,970.54 4,269.50 51,234.04 E 25.86 2,028.49 2,069.06 4,482.96 53,795.56 107 A 21.47 1,683.75 1,717.43 3,721.10 44,653.18 B 22.54 1,767.95 1,803.31 3,907.17 46,886.06 C 23.67 1,856.34 1,893.47 4,102.52 49,230.22 D 24.85 1,949.15 1,988.13 4,307.62 51,691.38 E 26.09 2,046.61 2,087.54 4,523.00 54,276.04 108 A 21.67 1,699.43 1,733.42 3,755.74 45,068.92 B 22.75 1,784.38 1,820.07 3,943.49 47,321.82 C 23.89 1,873.61 1,911.08 4,140.67 49,688.08 D 25.08 1,967.30 2,006.65 4,347.74 52,172.90 E 26.34 2,065.67 2,106.98 4,565.12 54,781.48 109 A 21.89 1,717.19 1,751.53 3,794.98 45,539.78 B 22.99 1,803.06 1,839.12 3,984.76 47,817.12 C 24.14 1,893.19 1,931.05 4,183.94 50,207.30 D 25.35 1,987.87 2,027.63 4,393.20 52,718.38 E 26.61 2,087.25 2,129.00 4,612.83 55,354.00 110 A 22.08 1,731.91 1,766.55 3,827.53 45,930.30 B 23.19 1,818.52 1,854.89 4,018.93 48,227.14 C 24.35 1,909.43 1,947.62 4,219.84 50,638.12 D 25.56 2,004.92 2,045.02 4,430.88 53,170.52 E 26.84 2,105.16 2,147.26 4,652.40 55,828.76 Page 10 of 27 128 of 535 CITY OF NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION SALARY SCHEDULE Fiscal Year 2016-2017 Exhibit B RANGE STEP HOURLY BASE BIWEEKLY MONTHLY ANNUAL 111 A 22.27 1,746.81 1,781.75 3,860.46 46,325.50 B 23.39 1,834.15 1,870.83 4,053.47 48,641.58 C 24.55 1,925.85 1,964.37 4,256.14 51,073.62 D 25.78 2,022.16 2,062.60 4,468.97 53,627.60 E 27.07 2,123.27 2,165.74 4,692.44 56,309.24 112 A 22.47 1,762.55 1,797.80 3,895.23 46,742.80 B 23.60 1,850.67 1,887.68 4,089.97 49,079.68 C 24.78 1,943.20 1,982.06 4,294.46 51,533.56 D 26.01 2,040.36 2,081.17 4,509.20 54,110.42 E 27.32 2,142.37 2,185.22 4,734.64 56,815.72 113 A 22.70 1,780.27 1,815.88 3,934.41 47,212.88 B 23.83 1,869.27 1,906.66 4,131.10 49,573.16 C 25.03 1,962.76 2,002.02 4,337.71 52,052.52 D 26.28 2,060.89 2,102.11 4,554.57 54,654.86 E 27.59 2,163.92 2,207.20 4,782.27 57,387.20 114 A 22.90 1,796.04 1,831.96 3,969.25 47,630.96 B 24.04 1,885.85 1,923.57 4,167.74 50,012.82 C 25.25 1,980.14 2,019.74 4,376.10 52,513.24 D 26.51 2,079.14 2,120.72 4,594.89 55,138.72 E 27.83 2,183.10 2,226.76 4,824.65 57,895.76 115 A 23.11 1,812.86 1,849.12 4,006.43 48,077.12 B 24.27 1,903.53 1,941.60 4,206.80 50,481.60 C 25.48 1,998.69 2,038.66 4,417.10 53,005.16 D 26.76 2,098.64 2,140.61 4,637.99 55,655.86 E 28.10 2,203.56 2,247.63 4,869.87 58,438.38 116 A 23.32 1,828.66 1,865.23 4,041.33 48,495.98 B 24.48 1,920.11 1,958.51 4,243.44 50,921.26 C 25.71 2,016.10 2,056.42 4,455.58 53,466.92 D 26.99 2,116.92 2,159.26 4,678.40 56,140.76 E 28.34 2,222.77 2,267.23 4,912.33 58,947.98 Page 11 of 27 129 of 535 CITY OF NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION SALARY SCHEDULE Fiscal Year 2016-2017 Exhibit B RANGE STEP HOURLY BASE BIWEEKLY MONTHLY ANNUAL 117 A 23.50 1,843.46 1,880.33 4,074.05 48,888.58 B 24.68 1,935.64 1,974.35 4,277.76 51,333.10 C 25.91 2,032.41 2,073.06 4,491.63 53,899.56 D 27.21 2,134.04 2,176.72 4,716.23 56,594.72 E 28.57 2,240.73 2,285.54 4,952.00 59,424.04 118 A 23.73 1,861.35 1,898.58 4,113.59 49,363.08 B 24.92 1,954.41 1,993.50 4,319.25 51,831.00 C 26.16 2,052.13 2,093.17 4,535.20 54,422.42 D 27.47 2,154.75 2,197.85 4,762.01 57,144.10 E 28.85 2,262.48 2,307.73 5,000.08 60,000.98 119 A 23.93 1,877.13 1,914.67 4,148.45 49,781.42 B 25.13 1,971.00 2,010.42 4,355.91 52,270.92 C 26.39 2,069.56 2,110.95 4,573.73 54,884.70 D 27.71 2,173.02 2,216.48 4,802.37 57,628.48 E 29.09 2,281.67 2,327.30 5,042.48 60,509.80 120 A 24.17 1,895.73 1,933.64 4,189.55 50,274.64 B 25.38 1,990.51 2,030.32 4,399.03 52,788.32 C 26.65 2,090.06 2,131.86 4,619.03 55,428.36 D 27.98 2,194.54 2,238.43 4,849.93 58,199.18 E 29.38 2,304.27 2,350.36 5,092.45 61,109.36 121 A 24.41 1,914.55 1,952.84 4,231.15 50,773.84 B 25.63 2,010.29 2,050.50 4,442.75 53,313.00 C 26.91 2,110.80 2,153.02 4,664.88 55,978.52 D 28.26 2,216.34 2,260.67 4,898.12 58,777.42 E 29.67 2,327.16 2,373.70 5,143.02 61,716.20 122 A 24.62 1,931.33 1,969.96 4,268.25 51,218.96 B 25.86 2,027.91 2,068.47 4,481.69 53,780.22 C 27.15 2,129.30 2,171.89 4,705.76 56,469.14 D 28.51 2,235.78 2,280.50 4,941.08 59,293.00 E 29.93 2,347.57 2,394.52 5,188.13 62,257.52 Page 12 of 27 130 of 535 CITY OF NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION SALARY SCHEDULE Fiscal Year 2016-2017 Exhibit B RANGE STEP HOURLY BASE BIWEEKLY MONTHLY ANNUAL 123 A 24.89 1,952.10 1,991.14 4,314.14 51,769.64 B 26.13 2,049.72 2,090.71 4,529.87 54,358.46 C 27.44 2,152.21 2,195.25 4,756.38 57,076.50 D 28.81 2,259.80 2,305.00 4,994.17 59,930.00 E 30.25 2,372.79 2,420.25 5,243.88 62,926.50 124 A 25.08 1,966.79 2,006.13 4,346.62 52,159.38 B 26.33 2,065.12 2,106.42 4,563.91 54,766.92 C 27.65 2,168.39 2,211.76 4,792.15 57,505.76 D 29.03 2,276.80 2,322.34 5,031.74 60,380.84 E 30.48 2,390.64 2,438.45 5,283.31 63,399.70 125 A 25.30 1,984.68 2,024.37 4,386.14 52,633.62 B 26.57 2,083.91 2,125.59 4,605.45 55,265.34 C 27.90 2,188.11 2,231.87 4,835.72 58,028.62 D 28.95 2,270.39 2,315.80 5,017.57 60,210.80 E 30.76 2,412.37 2,460.62 5,331.34 63,976.12 126 A 25.56 2,004.45 2,044.54 4,429.84 53,158.04 B 26.83 2,104.67 2,146.76 4,651.31 55,815.76 C 28.18 2,209.90 2,254.10 4,883.88 58,606.60 D 29.59 2,320.39 2,366.80 5,128.07 61,536.80 E 31.06 2,436.41 2,485.14 5,384.47 64,613.64 127 A 25.76 2,020.11 2,060.51 4,464.44 53,573.26 B 27.04 2,121.13 2,163.55 4,687.69 56,252.30 C 28.40 2,227.18 2,271.72 4,922.06 59,064.72 D 29.82 2,338.53 2,385.30 5,168.15 62,017.80 E 31.31 2,455.47 2,504.58 5,426.59 65,119.08 128 A 26.01 2,039.95 2,080.75 4,508.29 54,099.50 B 27.31 2,141.94 2,184.78 4,733.69 56,804.28 C 28.68 2,249.04 2,294.02 4,970.38 59,644.52 D 30.11 2,361.49 2,408.72 5,218.89 62,626.72 E 31.61 2,479.57 2,529.16 5,479.85 65,758.16 Page 13 of 27 131 of 535 CITY OF NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION SALARY SCHEDULE Fiscal Year 2016-2017 Exhibit B RANGE STEP HOURLY BASE BIWEEKLY MONTHLY ANNUAL 129 A 26.25 2,058.60 2,099.77 4,549.50 54,594.02 B 27.56 2,161.53 2,204.76 4,776.98 57,323.76 C 28.94 2,269.62 2,315.01 5,015.86 60,190.26 D 30.38 2,383.10 2,430.76 5,266.65 63,199.76 E 31.90 2,502.24 2,552.28 5,529.94 66,359.28 130 A 26.47 2,076.29 2,117.82 4,588.61 55,063.32 B 27.80 2,180.12 2,223.72 4,818.06 57,816.72 C 29.19 2,289.12 2,334.90 5,058.95 60,707.40 D 30.65 2,403.58 2,451.65 5,311.91 63,742.90 E 32.18 2,523.75 2,574.23 5,577.50 66,929.98 131 A 26.72 2,096.03 2,137.95 4,632.23 55,586.70 B 28.06 2,200.83 2,244.85 4,863.84 58,366.10 C 29.46 2,310.87 2,357.09 5,107.03 61,284.34 D 30.94 2,426.42 2,474.95 5,362.39 64,348.70 E 32.48 2,547.75 2,598.71 5,630.54 67,566.46 132 A 26.98 2,115.86 2,158.18 4,676.06 56,112.68 B 28.33 2,221.66 2,266.09 4,909.86 58,918.34 C 29.74 2,332.74 2,379.39 5,155.35 61,864.14 D 31.23 2,449.36 2,498.35 5,413.09 64,957.10 E 32.79 2,571.84 2,623.28 5,683.77 68,205.28 133 A 27.22 2,134.61 2,177.30 4,717.48 56,609.80 B 28.58 2,241.36 2,286.19 4,953.41 59,440.94 C 30.01 2,353.42 2,400.49 5,201.06 62,412.74 D 31.51 2,471.10 2,520.52 5,461.13 65,533.52 E 33.08 2,594.64 2,646.53 5,734.15 68,809.78 134 A 27.49 2,156.28 2,199.41 4,765.39 57,184.66 B 28.87 2,264.10 2,309.38 5,003.66 60,043.88 C 30.31 2,377.30 2,424.85 5,253.84 63,046.10 D 31.83 2,496.17 2,546.09 5,516.53 66,198.34 E 33.42 2,620.99 2,673.41 5,792.39 69,508.66 Page 14 of 27 132 of 535 CITY OF NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION SALARY SCHEDULE Fiscal Year 2016-2017 Exhibit B RANGE STEP HOURLY BASE BIWEEKLY MONTHLY ANNUAL 135 A 27.71 2,173.18 2,216.64 4,802.72 57,632.64 B 29.09 2,281.83 2,327.47 5,042.85 60,514.22 C 30.55 2,395.93 2,443.85 5,295.01 63,540.10 D 32.08 2,515.71 2,566.02 5,559.71 66,716.52 E 33.68 2,641.52 2,694.35 5,837.76 70,053.10 136 A 27.98 2,194.77 2,238.67 4,850.45 58,205.42 B 29.38 2,304.50 2,350.59 5,092.95 61,115.34 C 30.85 2,419.74 2,468.13 5,347.62 64,171.38 D 32.39 2,540.71 2,591.52 5,614.96 67,379.52 E 34.01 2,667.75 2,721.11 5,895.74 70,748.86 137 A 28.25 2,215.48 2,259.79 4,896.21 58,754.54 B 29.66 2,326.26 2,372.79 5,141.05 61,692.54 C 31.14 2,442.55 2,491.40 5,398.03 64,776.40 D 32.70 2,564.68 2,615.97 5,667.94 68,015.22 E 34.33 2,692.91 2,746.77 5,951.34 71,416.02 138 A 28.50 2,235.37 2,280.08 4,940.17 59,282.08 B 29.93 2,347.11 2,394.05 5,187.11 62,245.30 C 31.42 2,464.49 2,513.78 5,446.52 65,358.28 D 32.99 2,587.71 2,639.46 5,718.83 68,625.96 E 34.64 2,717.09 2,771.43 6,004.77 72,057.18 139 A 28.79 2,257.97 2,303.13 4,990.12 59,881.38 B 30.23 2,370.86 2,418.28 5,239.61 62,875.28 C 31.74 2,489.40 2,539.19 5,501.58 66,018.94 D 33.33 2,613.87 2,666.15 5,776.66 69,319.90 E 34.99 2,744.57 2,799.46 6,065.50 72,785.96 140 A 29.05 2,278.74 2,324.31 5,036.01 60,432.06 B 30.51 2,392.68 2,440.53 5,287.82 63,453.78 C 32.03 2,512.30 2,562.55 5,552.19 66,626.30 D 33.63 2,637.91 2,690.67 5,829.79 69,957.42 E 35.32 2,769.81 2,825.21 6,121.29 73,455.46 Page 15 of 27 133 of 535 CITY OF NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION SALARY SCHEDULE Fiscal Year 2016-2017 Exhibit B RANGE STEP HOURLY BASE BIWEEKLY MONTHLY ANNUAL 141 A 29.34 2,301.43 2,347.46 5,086.16 61,033.96 B 30.81 2,416.50 2,464.83 5,340.47 64,085.58 C 32.35 2,537.31 2,588.06 5,607.46 67,289.56 D 33.97 2,664.20 2,717.48 5,887.87 70,654.48 E 35.67 2,797.40 2,853.35 6,182.26 74,187.10 142 A 29.59 2,321.13 2,367.55 5,129.69 61,556.30 B 31.07 2,437.19 2,485.93 5,386.18 64,634.18 C 32.63 2,559.06 2,610.24 5,655.52 67,866.24 D 34.26 2,687.01 2,740.75 5,938.29 71,259.50 E 35.97 2,821.36 2,877.79 6,235.21 74,822.54 143 A 29.86 2,341.86 2,388.70 5,175.52 62,106.20 B 31.35 2,458.95 2,508.13 5,434.28 65,211.38 C 32.92 2,581.90 2,633.54 5,706.00 68,472.04 D 34.57 2,710.99 2,765.21 5,991.29 71,895.46 E 36.29 2,846.54 2,903.47 6,290.85 75,490.22 144 A 30.13 2,363.51 2,410.78 5,223.36 62,680.28 B 31.64 2,481.67 2,531.30 5,484.48 65,813.80 C 33.22 2,605.75 2,657.87 5,758.72 69,104.62 D 34.88 2,736.04 2,790.76 6,046.65 72,559.76 E 36.63 2,872.85 2,930.31 6,349.01 76,188.06 145 A 30.43 2,386.31 2,434.04 5,273.75 63,285.04 B 31.95 2,505.63 2,555.74 5,537.44 66,449.24 C 33.54 2,630.92 2,683.54 5,814.34 69,772.04 D 35.22 2,762.45 2,817.70 6,105.02 73,260.20 E 36.98 2,900.58 2,958.59 6,410.28 76,923.34 146 A 30.74 2,410.92 2,459.14 5,328.14 63,937.64 B 32.28 2,531.46 2,582.09 5,594.53 67,134.34 C 33.89 2,658.03 2,711.19 5,874.25 70,490.94 D 35.58 2,790.94 2,846.76 6,167.98 74,015.76 E 37.36 2,930.49 2,989.10 6,476.38 77,716.60 Page 16 of 27 134 of 535 CITY OF NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION SALARY SCHEDULE Fiscal Year 2016-2017 Exhibit B RANGE STEP HOURLY BASE BIWEEKLY MONTHLY ANNUAL 147 A 31.00 2,431.68 2,480.31 5,374.01 64,488.06 B 32.55 2,553.26 2,604.33 5,642.72 67,712.58 C 34.18 2,680.93 2,734.55 5,924.86 71,098.30 D 35.89 2,814.97 2,871.27 6,221.09 74,653.02 E 37.69 2,955.72 3,014.83 6,532.13 78,385.58 148 A 31.29 2,454.33 2,503.42 5,424.08 65,088.92 B 32.86 2,577.05 2,628.59 5,695.28 68,343.34 C 34.50 2,705.89 2,760.01 5,980.02 71,760.26 D 36.23 2,841.18 2,898.00 6,279.00 75,348.00 E 38.04 2,983.25 3,042.92 6,592.99 79,115.92 149 A 31.60 2,478.15 2,527.71 5,476.71 65,720.46 B 33.18 2,602.06 2,654.10 5,750.55 69,006.60 C 34.84 2,732.16 2,786.80 6,038.07 72,456.80 D 36.58 2,868.77 2,926.15 6,339.99 76,079.90 E 38.41 3,012.20 3,072.44 6,656.95 79,883.44 150 A 31.88 2,500.73 2,550.74 5,526.60 66,319.24 B 33.48 2,625.77 2,678.29 5,802.96 69,635.54 C 35.15 2,757.04 2,812.18 6,093.06 73,116.68 D 36.91 2,894.91 2,952.81 6,397.76 76,773.06 E 38.76 3,039.63 3,100.42 6,717.58 80,610.92 151 A 32.14 2,520.46 2,570.87 5,570.22 66,842.62 B 33.74 2,646.46 2,699.39 5,848.68 70,184.14 C 35.43 2,778.80 2,834.38 6,141.16 73,693.88 D 37.20 2,917.73 2,976.08 6,448.17 77,378.08 E 39.06 3,063.62 3,124.89 6,770.60 81,247.14 152 A 32.46 2,546.09 2,597.01 5,626.86 67,522.26 B 34.09 2,673.40 2,726.87 5,908.22 70,898.62 C 35.79 2,807.05 2,863.19 6,203.58 74,442.94 D 37.58 2,947.41 3,006.36 6,513.78 78,165.36 E 39.46 3,094.77 3,156.67 6,839.45 82,073.42 Page 17 of 27 135 of 535 CITY OF NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION SALARY SCHEDULE Fiscal Year 2016-2017 Exhibit B RANGE STEP HOURLY BASE BIWEEKLY MONTHLY ANNUAL 153 A 32.78 2,570.79 2,622.21 5,681.46 68,177.46 B 34.42 2,699.33 2,753.32 5,965.53 71,586.32 C 36.14 2,834.30 2,890.99 6,263.81 75,165.74 D 37.94 2,976.01 3,035.53 6,576.98 78,923.78 E 39.84 3,124.80 3,187.30 6,905.82 82,869.80 154 A 33.08 2,594.50 2,646.39 5,733.85 68,806.14 B 34.73 2,724.22 2,778.70 6,020.52 72,246.20 C 36.47 2,860.44 2,917.65 6,321.58 75,858.90 D 38.29 3,003.45 3,063.52 6,637.63 79,651.52 E 40.21 3,153.62 3,216.69 6,969.50 83,633.94 155 A 33.41 2,620.23 2,672.63 5,790.70 69,488.38 B 35.08 2,751.23 2,806.25 6,080.21 72,962.50 C 36.83 2,888.80 2,946.58 6,384.26 76,611.08 D 38.67 3,033.26 3,093.93 6,703.52 80,442.18 E 40.61 3,184.91 3,248.61 7,038.66 84,463.86 156 A 33.72 2,645.00 2,697.90 5,845.45 70,145.40 B 35.41 2,777.24 2,832.78 6,137.69 73,652.28 C 37.18 2,916.11 2,974.43 6,444.60 77,335.18 D 39.04 3,061.91 3,123.15 6,766.83 81,201.90 E 40.99 3,215.23 3,279.53 7,105.65 85,267.78 157 A 34.04 2,669.46 2,722.85 5,899.51 70,794.10 B 35.74 2,802.95 2,859.01 6,194.52 74,334.26 C 37.52 2,943.09 3,001.95 6,504.23 78,050.70 D 39.40 3,090.23 3,152.03 6,829.40 81,952.78 E 41.37 3,244.75 3,309.65 7,170.91 86,050.90 158 A 34.34 2,693.17 2,747.03 5,951.90 71,422.78 B 36.05 2,827.82 2,884.38 6,249.49 74,993.88 C 37.86 2,969.22 3,028.60 6,561.97 78,743.60 D 39.75 3,117.69 3,180.04 6,890.09 82,681.04 E 41.74 3,273.57 3,339.04 7,234.59 86,815.04 Page 18 of 27 136 of 535 CITY OF NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION SALARY SCHEDULE Fiscal Year 2016-2017 Exhibit B RANGE STEP HOURLY BASE BIWEEKLY MONTHLY ANNUAL 159 A 34.67 2,718.85 2,773.23 6,008.67 72,103.98 B 36.40 2,854.80 2,911.90 6,309.12 75,709.40 C 38.22 2,997.54 3,057.49 6,624.56 79,494.74 D 40.13 3,147.40 3,210.35 6,955.76 83,469.10 E 42.14 3,304.80 3,370.90 7,303.62 87,643.40 160 A 21.71 1,702.78 1,736.84 3,763.15 45,157.84 B 22.80 1,787.92 1,823.68 3,951.31 47,415.68 C 23.94 1,877.32 1,914.87 4,148.89 49,786.62 D 25.13 1,971.19 2,010.61 4,356.32 52,275.86 E 26.39 2,069.75 2,111.15 4,574.16 54,889.90 161 A 35.33 2,771.14 2,826.56 6,124.21 73,490.56 B 37.10 2,909.70 2,967.89 6,430.43 77,165.14 C 38.95 3,055.17 3,116.27 6,751.92 81,023.02 D 40.90 3,207.94 3,272.10 7,089.55 85,074.60 E 42.95 3,368.33 3,435.70 7,444.02 89,328.20 162 A 35.67 2,797.90 2,853.86 6,183.36 74,200.36 B 37.46 2,937.79 2,996.55 6,492.53 77,910.30 C 39.33 3,084.69 3,146.38 6,817.16 81,805.88 D 41.30 3,238.90 3,303.68 7,157.97 85,895.68 E 43.36 3,400.84 3,468.86 7,515.86 90,190.36 163 A 35.96 2,820.53 2,876.94 6,233.37 74,800.44 B 37.76 2,961.56 3,020.79 6,545.05 78,540.54 C 39.65 3,109.65 3,171.84 6,872.32 82,467.84 D 41.63 3,265.13 3,330.43 7,215.93 86,591.18 E 43.71 3,428.39 3,496.96 7,576.75 90,920.96 164 A 36.34 2,850.10 2,907.10 6,298.72 75,584.60 B 38.16 2,992.60 3,052.45 6,613.64 79,363.70 C 40.06 3,142.24 3,205.08 6,944.34 83,332.08 D 42.07 3,299.35 3,365.34 7,291.57 87,498.84 E 44.17 3,464.30 3,533.59 7,656.11 91,873.34 Page 19 of 27 137 of 535 CITY OF NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION SALARY SCHEDULE Fiscal Year 2016-2017 Exhibit B RANGE STEP HOURLY BASE BIWEEKLY MONTHLY ANNUAL 165 A 36.69 2,877.81 2,935.37 6,359.97 76,319.62 B 38.53 3,021.69 3,082.12 6,677.93 80,135.12 C 40.45 3,172.78 3,236.24 7,011.85 84,142.24 D 42.48 3,331.41 3,398.04 7,362.42 88,349.04 E 44.60 3,497.99 3,567.95 7,730.56 92,766.70 166 A 37.07 2,907.36 2,965.51 6,425.27 77,103.26 B 38.92 3,052.73 3,113.78 6,746.52 80,958.28 C 40.87 3,205.38 3,269.49 7,083.90 85,006.74 D 42.91 3,365.63 3,432.94 7,438.04 89,256.44 E 45.06 3,533.92 3,604.60 7,809.97 93,719.60 167 A 37.41 2,934.00 2,992.68 6,484.14 77,809.68 B 39.28 3,080.70 3,142.31 6,808.34 81,700.06 C 41.24 3,234.73 3,299.42 7,148.74 85,784.92 D 43.31 3,396.48 3,464.41 7,506.22 90,074.66 E 45.47 3,566.29 3,637.62 7,881.51 94,578.12 168 A 37.81 2,965.58 3,024.89 6,553.93 78,647.14 B 39.70 3,113.83 3,176.11 6,881.57 82,578.86 C 41.69 3,269.54 3,334.93 7,225.68 86,708.18 D 43.77 3,433.02 3,501.68 7,586.97 91,043.68 E 45.96 3,604.67 3,676.76 7,966.31 95,595.76 169 A 38.16 2,993.32 3,053.19 6,615.25 79,382.94 B 40.07 3,142.99 3,205.85 6,946.01 83,352.10 C 42.08 3,300.12 3,366.12 7,293.26 87,519.12 D 44.18 3,465.15 3,534.45 7,657.98 91,895.70 E 46.39 3,638.40 3,711.17 8,040.87 96,490.42 170 A 38.53 3,021.83 3,082.27 6,678.25 80,139.02 B 40.45 3,172.93 3,236.39 7,012.18 84,146.14 C 42.48 3,331.58 3,398.21 7,362.79 88,353.46 D 44.60 3,498.15 3,568.11 7,730.91 92,770.86 E 46.83 3,673.06 3,746.52 8,117.46 97,409.52 Page 20 of 27 138 of 535 CITY OF NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION SALARY SCHEDULE Fiscal Year 2016-2017 Exhibit B RANGE STEP HOURLY BASE BIWEEKLY MONTHLY ANNUAL 171 A 38.97 3,056.34 3,117.47 6,754.52 81,054.22 B 40.92 3,209.15 3,273.33 7,092.22 85,106.58 C 42.96 3,369.60 3,436.99 7,446.81 89,361.74 D 45.11 3,538.10 3,608.86 7,819.20 93,830.36 E 47.37 3,715.00 3,789.30 8,210.15 98,521.80 0.00 0.00 172 A 39.33 3,085.07 3,146.77 6,818.00 81,816.02 B 41.30 3,239.33 3,304.12 7,158.93 85,907.12 C 43.37 3,401.30 3,469.33 7,516.88 90,202.58 D 45.53 3,571.35 3,642.78 7,892.69 94,712.28 E 47.81 3,749.93 3,824.93 8,287.35 99,448.18 173 A 39.74 3,116.59 3,178.92 6,887.66 82,651.92 B 41.72 3,272.42 3,337.87 7,232.05 86,784.62 C 43.81 3,436.05 3,504.77 7,593.67 91,124.02 D 46.00 3,607.83 3,679.99 7,973.31 95,679.74 E 48.30 3,788.23 3,863.99 8,371.98 100,463.74 174 A 40.13 3,147.13 3,210.07 6,955.15 83,461.82 B 42.13 3,304.49 3,370.58 7,302.92 87,635.08 C 44.24 3,469.72 3,539.11 7,668.07 92,016.86 D 46.45 3,643.20 3,716.06 8,051.46 96,617.56 E 48.77 3,825.37 3,901.88 8,454.07 101,448.88 175 A 40.52 3,177.78 3,241.34 7,022.90 84,274.84 B 42.54 3,336.67 3,403.40 7,374.03 88,488.40 C 44.67 3,503.48 3,573.55 7,742.69 92,912.30 D 46.90 3,678.69 3,752.26 8,129.90 97,558.76 E 49.25 3,862.59 3,939.84 8,536.32 102,435.84 176 A 40.92 3,209.39 3,273.58 7,092.76 85,113.08 B 42.97 3,369.87 3,437.27 7,447.42 89,369.02 C 45.11 3,538.36 3,609.13 7,819.78 93,837.38 D 47.37 3,715.27 3,789.58 8,210.76 98,529.08 E 49.74 3,901.03 3,979.05 8,621.28 103,455.30 Page 21 of 27 139 of 535 CITY OF NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION SALARY SCHEDULE Fiscal Year 2016-2017 Exhibit B RANGE STEP HOURLY BASE BIWEEKLY MONTHLY ANNUAL 177 A 41.36 3,243.91 3,308.79 7,169.05 86,028.54 B 43.43 3,406.09 3,474.21 7,527.46 90,329.46 C 45.60 3,576.40 3,647.93 7,903.85 94,846.18 D 47.88 3,755.20 3,830.30 8,298.98 99,587.80 E 50.27 3,942.99 4,021.85 8,714.01 104,568.10 178 A 41.76 3,275.52 3,341.03 7,238.90 86,866.78 B 43.85 3,439.30 3,508.09 7,600.86 91,210.34 C 46.04 3,611.26 3,683.49 7,980.90 95,770.74 D 48.35 3,791.83 3,867.67 8,379.95 100,559.42 E 50.76 3,981.42 4,061.05 8,798.94 105,587.30 179 A 42.19 3,308.96 3,375.14 7,312.80 87,753.64 B 44.30 3,474.42 3,543.91 7,678.47 92,141.66 C 46.51 3,648.14 3,721.10 8,062.38 96,748.60 D 48.84 3,830.54 3,907.15 8,465.49 101,585.90 E 51.28 4,022.06 4,102.50 8,888.75 106,665.00 180 A 42.58 3,339.59 3,406.38 7,380.49 88,565.88 B 44.71 3,506.56 3,576.69 7,749.50 92,993.94 C 46.94 3,681.90 3,755.54 8,137.00 97,644.04 D 49.29 3,865.99 3,943.31 8,543.84 102,526.06 E 51.76 4,059.29 4,140.48 8,971.04 107,652.48 181 A 43.02 3,374.07 3,441.55 7,456.69 89,480.30 B 45.17 3,542.78 3,613.64 7,829.55 93,954.64 C 47.43 3,719.93 3,794.33 8,221.05 98,652.58 D 49.80 3,905.91 3,984.03 8,632.07 103,584.78 E 52.29 4,101.20 4,183.22 9,063.64 108,763.72 182 A 43.47 3,409.64 3,477.83 7,535.30 90,423.58 B 45.65 3,580.14 3,651.74 7,912.10 94,945.24 C 47.93 3,759.13 3,834.31 8,307.67 99,692.06 D 50.33 3,947.09 4,026.03 8,723.07 104,676.78 E 52.84 4,144.44 4,227.33 9,159.22 109,910.58 Page 22 of 27 140 of 535 CITY OF NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION SALARY SCHEDULE Fiscal Year 2016-2017 Exhibit B RANGE STEP HOURLY BASE BIWEEKLY MONTHLY ANNUAL 183 A 43.89 3,442.26 3,511.11 7,607.41 91,288.86 B 46.08 3,614.39 3,686.68 7,987.81 95,853.68 C 48.39 3,795.10 3,871.00 8,387.17 100,646.00 D 50.81 3,984.86 4,064.56 8,806.55 105,678.56 E 53.35 4,184.09 4,267.77 9,246.84 110,962.02 184 A 44.34 3,477.70 3,547.25 7,685.71 92,228.50 B 46.56 3,651.58 3,724.61 8,069.99 96,839.86 C 48.89 3,834.16 3,910.84 8,473.49 101,681.84 D 51.33 4,025.89 4,106.41 8,897.22 106,766.66 E 53.90 4,227.17 4,311.71 9,342.04 112,104.46 185 A 44.78 3,512.30 3,582.55 7,762.19 93,146.30 B 47.02 3,687.93 3,761.69 8,150.33 97,803.94 C 49.37 3,872.34 3,949.79 8,557.88 102,694.54 D 51.84 4,065.94 4,147.26 8,985.73 107,828.76 E 54.43 4,269.25 4,354.64 9,435.05 113,220.64 186 A 45.26 3,549.80 3,620.80 7,845.07 94,140.80 B 47.52 3,727.29 3,801.84 8,237.32 98,847.84 C 49.90 3,913.66 3,991.93 8,649.18 103,790.18 D 52.39 4,109.35 4,191.54 9,081.67 108,980.04 E 55.01 4,314.79 4,401.09 9,535.70 114,428.34 187 A 45.68 3,582.43 3,654.08 7,917.17 95,006.08 B 47.96 3,761.55 3,836.78 8,313.02 99,756.28 C 50.36 3,949.62 4,028.61 8,728.66 104,743.86 D 52.88 4,147.11 4,230.05 9,165.11 109,981.30 E 55.52 4,354.45 4,441.54 9,623.34 115,480.04 188 A 46.14 3,618.83 3,691.21 7,997.62 95,971.46 B 48.45 3,799.79 3,875.79 8,397.55 100,770.54 C 50.87 3,989.77 4,069.57 8,817.40 105,808.82 D 53.41 4,189.25 4,273.04 9,258.25 111,099.04 E 56.08 4,398.73 4,486.70 9,721.18 116,654.20 Page 23 of 27 141 of 535 CITY OF NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION SALARY SCHEDULE Fiscal Year 2016-2017 Exhibit B RANGE STEP HOURLY BASE BIWEEKLY MONTHLY ANNUAL 189 A 46.63 3,657.39 3,730.54 8,082.84 96,994.04 B 48.96 3,840.26 3,917.07 8,486.99 101,843.82 C 51.41 4,032.27 4,112.92 8,911.33 106,935.92 D 53.98 4,233.89 4,318.57 9,356.90 112,282.82 E 56.68 4,445.57 4,534.48 9,824.71 117,896.48 190 A 47.06 3,690.96 3,764.78 8,157.02 97,884.28 B 49.41 3,875.51 3,953.02 8,564.88 102,778.52 C 51.88 4,069.27 4,150.66 8,993.10 107,917.16 D 54.48 4,272.73 4,358.18 9,442.72 113,312.68 E 57.20 4,486.39 4,576.12 9,914.93 118,979.12 191 A 47.53 3,727.47 3,802.02 8,237.71 98,852.52 B 49.90 3,913.82 3,992.10 8,649.55 103,794.60 C 52.40 4,109.51 4,191.70 9,082.02 108,984.20 D 55.02 4,315.00 4,401.30 9,536.15 114,433.80 E 57.77 4,530.74 4,621.35 10,012.93 120,155.10 192 A 48.02 3,766.01 3,841.33 8,322.88 99,874.58 B 50.42 3,954.30 4,033.39 8,739.01 104,868.14 C 52.94 4,152.02 4,235.06 9,175.96 110,111.56 D 55.59 4,359.63 4,446.82 9,634.78 115,617.32 E 58.36 4,577.60 4,669.15 10,116.49 121,397.90 193 A 48.51 3,804.48 3,880.57 8,407.90 100,894.82 B 50.93 3,994.71 4,074.60 8,828.30 105,939.60 C 53.48 4,194.45 4,278.34 9,269.74 111,236.84 D 56.15 4,404.18 4,492.26 9,733.23 116,798.76 E 58.96 4,624.37 4,716.86 10,219.86 122,638.36 194 A 49.00 3,842.91 3,919.77 8,492.84 101,914.02 B 51.45 4,035.07 4,115.77 8,917.50 107,010.02 C 54.02 4,236.82 4,321.56 9,363.38 112,360.56 D 56.72 4,448.65 4,537.62 9,831.51 117,978.12 E 59.56 4,671.08 4,764.50 10,323.08 123,877.00 Page 24 of 27 142 of 535 CITY OF NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION SALARY SCHEDULE Fiscal Year 2016-2017 Exhibit B RANGE STEP HOURLY BASE BIWEEKLY MONTHLY ANNUAL 195 A 49.46 3,879.40 3,956.99 8,573.48 102,881.74 B 51.94 4,073.36 4,154.83 9,002.13 108,025.58 C 54.53 4,277.05 4,362.59 9,452.28 113,427.34 D 57.26 4,490.89 4,580.71 9,924.87 119,098.46 E 60.12 4,715.44 4,809.75 10,421.13 125,053.50 196 A 49.95 3,917.88 3,996.24 8,658.52 103,902.24 B 52.45 4,113.77 4,196.05 9,091.44 109,097.30 C 55.07 4,319.47 4,405.86 9,546.03 114,552.36 D 57.83 4,535.44 4,626.15 10,023.33 120,279.90 E 60.72 4,762.22 4,857.46 10,524.50 126,293.96 197 A 50.47 3,958.50 4,037.67 8,748.29 104,979.42 B 52.99 4,156.42 4,239.55 9,185.69 110,228.30 C 55.64 4,364.25 4,451.54 9,645.00 115,740.04 D 58.43 4,582.44 4,674.09 10,127.20 121,526.34 E 61.35 4,811.56 4,907.79 10,633.55 127,602.54 198 A 50.95 3,995.94 4,075.86 8,831.03 105,972.36 B 53.50 4,195.72 4,279.63 9,272.53 111,270.38 C 56.17 4,405.52 4,493.63 9,736.20 116,834.38 D 58.98 4,625.79 4,718.31 10,223.01 122,676.06 E 61.93 4,857.08 4,954.22 10,734.14 128,809.72 199 A 51.48 4,037.34 4,118.09 8,922.53 107,070.34 B 54.05 4,239.20 4,323.98 9,368.62 112,423.48 C 56.75 4,451.17 4,540.19 9,837.08 118,044.94 D 59.59 4,673.72 4,767.19 10,328.91 123,946.94 E 62.57 4,907.40 5,005.55 10,845.36 130,144.30 200 A 51.99 4,077.83 4,159.39 9,012.01 108,144.14 B 54.59 4,281.73 4,367.36 9,462.61 113,551.36 C 57.32 4,495.82 4,585.74 9,935.77 119,229.24 D 60.19 4,720.60 4,815.01 10,432.52 125,190.26 E 63.20 4,956.63 5,055.76 10,954.15 131,449.76 Page 25 of 27 143 of 535 CITY OF NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION SALARY SCHEDULE Fiscal Year 2016-2017 Exhibit B RANGE STEP HOURLY BASE BIWEEKLY MONTHLY ANNUAL 201 A 52.52 4,119.19 4,201.57 9,103.40 109,240.82 B 55.15 4,325.13 4,411.63 9,558.53 114,702.38 C 57.90 4,541.39 4,632.22 10,036.48 120,437.72 D 60.80 4,768.47 4,863.84 10,538.32 126,459.84 E 63.84 5,006.88 5,107.02 11,065.21 132,782.52 202 A 53.06 4,161.60 4,244.83 9,197.13 110,365.58 B 55.71 4,369.68 4,457.07 9,656.99 115,883.82 C 58.50 4,588.17 4,679.93 10,139.85 121,678.18 D 61.42 4,817.57 4,913.92 10,646.83 127,761.92 E 64.50 5,058.46 5,159.63 11,179.20 134,150.38 203 A 53.54 4,199.27 4,283.26 9,280.40 111,364.76 B 56.22 4,409.23 4,497.41 9,744.39 116,932.66 C 59.03 4,629.70 4,722.29 10,231.63 122,779.54 D 61.98 4,861.19 4,958.41 10,743.22 128,918.66 E 65.08 5,104.24 5,206.32 11,280.36 135,364.32 204 A 54.09 4,242.64 4,327.49 9,376.23 112,514.74 B 56.80 4,454.77 4,543.87 9,845.05 118,140.62 C 59.64 4,677.50 4,771.05 10,337.28 124,047.30 D 62.62 4,911.38 5,009.61 10,854.16 130,249.86 E 65.75 5,156.95 5,260.09 11,396.86 136,762.34 205 A 54.65 4,286.04 4,371.76 9,472.15 113,665.76 B 57.38 4,500.34 4,590.35 9,945.76 119,349.10 C 60.25 4,725.36 4,819.87 10,443.05 125,316.62 D 63.26 4,961.65 5,060.88 10,965.24 131,582.88 E 66.42 5,209.71 5,313.90 11,513.45 138,161.40 206 A 55.19 4,328.47 4,415.04 9,565.92 114,791.04 B 57.95 4,544.89 4,635.79 10,044.21 120,530.54 C 60.84 4,772.14 4,867.58 10,546.42 126,557.08 D 63.89 5,010.75 5,110.97 11,073.77 132,885.22 E 67.08 5,261.28 5,366.51 11,627.44 139,529.26 Page 26 of 27 144 of 535 CITY OF NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION SALARY SCHEDULE Fiscal Year 2016-2017 Exhibit B RANGE STEP HOURLY BASE BIWEEKLY MONTHLY ANNUAL 207 A 55.75 4,372.82 4,460.28 9,663.94 115,967.28 B 58.54 4,591.44 4,683.27 10,147.09 121,765.02 C 61.47 4,821.03 4,917.45 10,654.48 127,853.70 D 64.54 5,062.07 5,163.31 11,187.17 134,246.06 E 67.77 5,315.18 5,421.48 11,746.54 140,958.48 208 A 56.33 4,418.15 4,506.51 9,764.11 117,169.26 B 59.15 4,639.07 4,731.85 10,252.34 123,028.10 C 62.11 4,871.01 4,968.43 10,764.93 129,179.18 D 65.21 5,114.56 5,216.85 11,303.18 135,638.10 E 68.47 5,370.29 5,477.70 11,868.35 142,420.20 Page 27 of 27 145 of 535 CC/CDC-HA Agenda 6/21/2016 — Page 146 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City approving a salary schedule for the Police Officers Association employee group for Fiscal Year 2016-2017 in compliance with the requirements of the California Public Employees Retirement System ( 146 of 535 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 21, 2016 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City approving a salary schedule for the Police Officers' Association employee group for Fiscal Year 2016-2017 in compliance with the requirements of the California Public Employee's Retirement System (Ca1PERS) PREPARED BY: Stacey Stevenson PHONE: 336-4308 DEPARTMENT: Human Resources APPROVED BY: EXPLANATION: All employees of the City of National City receive a rate of pay within the established salary range for the job classification into which the employee has been hired. The purpose of this item is to establish the Fiscal Year 2016-2017 salary schedule for classifications represented by the Police Officers' Association (POA). FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS There is no fiscal impact associated with this action. Personnel costs for employees represented by the POA are incorporated in the City of National City General Fund budget adopted by the City Council at its meeting of June 7, 2016. ENVIRONMENTAL REVIEW: This is not a project and is therefore not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution approving the Fiscal Year 2017 compensation plan for the Police Officers' Association employee group BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Resolution Police Officers' Association Salary Schedule 14/ OT 5Jb CITY OF NATIONAL CITY POLICE OFFICERS' ASSOCIATION SALARY SCHEDULE Fiscal Year 2016-2017 RANGE DESCRIPTION POLICE LIEUTENANT P148 BI-WEEKLY ANNUAL MONTHLY 40/HR WEEK POLICE SERGEANT P136 BI-WEEKLY ANNUAL MONTHLY 40/HR WEEK CORPORAL P122 BI-WEEKLY ANNUAL MONTHLY 40/HR WEEK POLICE OFFICER P121 BI-WEEKLY ANNUAL MONTHLY 40/HR WEEK POLICE RECRUIT P119 BI-WEEKLY ANNUAL MONTHLY 40/HR WEEK ANIMAL CONTROL OFFICER P094 BI-WEEKLY ANNUAL MONTHLY 40/HR WEEK SENIOR POLICE DISPATCHER P112 BI-WEEKLY ANNUAL MONTHLY 40/HR WEEK Exhibit A STEP A STEP B STEP C STEP D STEP E 4,257.13 4,469.99 4,693.48 4,928.16 5,174.56 110, 685.38 116, 219.74 122, 030.48 128,132.16 134, 538.56 9,223.78 9,684.98 10,169.21 10, 677.68 11, 211.55 53.21 55.87 58.67 61.60 64.68 3,386.03 3,555.33 88,036.78 92,438.58 7,336.40 7,703.22 42.33 44.44 3,733.09 3,919.74 4,115.73 97,060.34 101,913.24 107,008.98 8,088.36 8,492.77 8,917.42 46.66 49.00 51.45 2,590.52 2,720.06 3,000.63 3,150.65 67,353.52 70,721.56 78,016.38 81,916.90 5,612.79 5,893.46 6,501.37 6,826.41 32.38 34.00 37.51 39.38 1,992.41 2,092.02 2,307.79 2,423.19 51,802.66 54,392.52 60,002.54 63,002.94 4,316.89 4,532.71 5,000.21 5,250.25 24.91 26.15 28.85 30.29 1,731.66 1,818.25 1,909.16 2,004.61 45,023.16 47,274.50 49,638.16 52,119.86 3,751.93 3,939.54 4,136.51 4,343.32 21.65 22.73 23.86 25.06 3,473.60 90,313.60 7,526.12 43.42 3,308.19 86,012.94 7,167.75 41.35 2,544.34 66,152.84 5,512.74 31.80 2,104.85 54,726.10 4,560.51 26.31 2,379.39 2,498.36 2,623.28 2,754.45 2,892.16 61,864.14 64,957.36 68,205.28 71,615.70 75,196.16 5,155.35 5,413.11 5,683.77 5,967.98 6,266.35 29.74 31.23 32.79 34.43 36.15 148 of 535 RESOLUTION NO. 2016 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A SALARY SCHEDULE FOR THE POLICE OFFICERS' ASSOCIATION EMPLOYEE GROUP FOR FISCAL YEAR 2017 IN COMPLIANCE WITH THE REQUIREMENTS OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (CALPERS) NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves the Fiscal Year 2017 Salary Schedule for the Police Officers' Association Employee Group, attached hereto as Exhibit "A". PASSED and ADOPTED this 215t day of June, 2016. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor 149 of 535 CITY OF NATIONAL CITY POLICE OFFICERS' ASSOCIATION SALARY SCHEDULE Fiscal Year 2016-2017 RANGE DESCRIPTION POLICE LIEUTENANT P148 BI-WEEKLY ANNUAL MONTHLY 40/HR WEEK POLICE SERGEANT P136 BI-WEEKLY ANNUAL MONTHLY 40/HR WEEK CORPORAL P122 BI-WEEKLY ANNUAL MONTHLY 40/HR WEEK POLICE OFFICER P121 BI-WEEKLY ANNUAL MONTHLY 40/HR WEEK POLICE RECRUIT P119 BI-WEEKLY ANNUAL MONTHLY 40/HR WEEK ANIMAL CONTROL OFFICER P094 BI-WEEKLY ANNUAL MONTHLY 40/HR WEEK SENIOR POLICE DISPATCHER P112 BI-WEEKLY ANNUAL MONTHLY 40/HR WEEK STEP A STEP B 4,257.13 4,469.99 110,685.38 116,219.74 9,223.78 9,684.98 53.21 55.87 3,386.03 3,555.33 88,036.78 92,438.58 7,336.40 7,703.22 42.33 44.44 STEP C STEP D 4,693.48 4,928.16 122,030.48 128,132.16 10,169.21 10,677.68 58.67 61.60 3,733.09 3,919.74 97,060.34 101,913.24 8,088.36 8,492.77 46.66 49.00 2,590.52 2,720.06 3,000.63 3,150.65 67,353.52 70,721.56 78,016.38 81,916.90 5,612.79 5,893.46 6,501.37 6,826.41 32.38 34.00 37.51 39.38 1,992.41 2,092.02 2,307.79 2,423.19 51,802.66 54,392.52 60,002.54 63,002.94 4,316.89 4,532.71 5,000.21 5,250.25 24.91 26.15 28.85 30.29 1,731.66 1,818.25 1,909.16 2,004.61 45,023.16 47,274.50 49,638.16 52,119.86 3,751.93 3,939.54 4,136.51 4,343.32 21.65 22.73 23.86 25.06 Exhibit A STEP E 5,174.56 134, 538.56 11,211.55 64.68 4,115.73 107,008.98 8,917.42 51.45 3,473.60 90,313.60 7,526.12 43.42 3,308.19 86,012.94 7,167.75 41.35 2,544.34 66,152.84 5,512.74 31.80 2,104.85 54,726.10 4,560.51 26.31 2,379.39 2,498.36 2,623.28 2,754.45 2,892.16 61,864.14 64,957.36 68,205.28 71,615.70 75,196.16 5,155.35 5,413.11 5,683.77 5,967.98 6,266.35 29.74 31.23 32.79 34.43 36.15 150 of 535 CC/CDC-HA Agenda 6/21/2016 — Page 151 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City approving a salary schedule for the Part -Time and Seasonal employee group for Fiscal Year 2016-2017 in compliance with the requirement of the California Public Employees Retirement System (Ca1PER 151 of 535 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 21, 2016 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City approving a salary schedule for the Part -Time and Seasonal employee group for Fiscal Year 2016-2017 in compliance with the requirement of the California Public Employees' Retirement System (Ca1PERS) PREPARED BY: Stacey Stevenson PHONE: 336-4308 EXPLANATION: DEPARTMENT: Human Res APPROVED BY: All employees of the City of National City receive a rate of pay within the established salary range for the job classification into which the employee has been hired. The purpose of this item is to establish the Fiscal Year 2016-2017 salary schedule for classifications within the Part -Time and Seasonal employee group. FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: MIS There is no fiscal impact associated with this action. Personnel costs for Part -Time and Seasonal employee group are incorporated in the City of National City General Fund budget adopted by the City Council its meeting of June 7, 2017. ENVIRONMENTAL REVIEW: This is not a project and is therefore not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution approving the Fiscal Year 2017 compensation plan for the Part -Time and Seasonal employee group. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Resolution Part -Time and Seasonal Employee Salary Schedule 152 of 535 City of National City Human Resources Department Exhibit A PART-TIME and SEASONAL EMPLOYEE GROUP SALARY SCHEDULE Fiscal Year 2016-2017 POSITION TITLE SALARY RANGE HOURLY SALARY Aquatics Manager pt086 $12.04 — $14.64 Cashier pt042 $8.27 — $10.05 Dishwasher pt042 $8.27 — $10.05 Equipment Service Trainee pt057 $9.37 — $11.39 Food Services Worker pt053 $9.03 — $10.98 Home Delivered Meals Driver pt059 $9.52 — $11.58 Kitchen Aide pt042 $8.27 — $10.05 Librarian pt160 $23.87 — $29.01 Library Assistant pt099 $13.92 — $16.92 Library Clerk (Grant Funded) pt066 $10.11 — $12.30 Library Technician pt124 $17.27 — $20.99 Lifeguard/Swim Instructor pt064 $9.94 — $12.09 Management Intern (Graduate) N/A $16.00 Management Intern (Undergraduate) N/A $13.00 Office Aide pt065 $10.03 — $12.19 Police Cadet pt047 $8.59 — $10.44 153 of 535 City of National City Human Resources Department Exhibit A PART-TIME and SEASONAL EMPLOYEE GROUP SALARY SCHEDULE Fiscal Year 2016-2017 POSITION TITLE SALARY RANGE HOURLY SALARY Police Dispatcher pt160 $23.87 — $29.01 Police Records Clerk pt099 $13.92 — $16.92 Property & Evidence Specialist I pt132 $18.50 — $22.49 Recreation Aide pt042 $8.27 — $10.05 Recreation Leader I pt045 $8.48 — $10.31 Recreation Leader II pt054 $9.10 — $11.07 Recreation Leader III pt064 $9.94 — $12.09 Recreation Specialist pt059 $9.52 — $11.58 Seasonal Park Aide pt080 $11.42 — $13.88 Senior Library Technician pt129 $18.07 — $21.97 Senior Lifeguard pt075 $10.93 — $13.28 Stock Clerk/Storekeeper pt059 $9.52 — $11.58 Student Worker pt047 $8.59 — $10.44 154 of 535 CITY OF NATIONAL CITY PART-TIME & SEASONAL EMPLOYEE GROUP SALARY SCHEDULE Fiscal Year 2016-2017 Exhibit B RANGE STEP HOURLY BIWEEKLY MONTHLY ANNUAL pt001 A 5.94 475.20 1,029.60 12,355.20 B 6.24 499.20 1,081.60 12,979.20 C 6.55 524.00 1,135.33 13,624.00 D 6.88 550.40 1,192.53 14,310.40 E 7.22 577.60 1,251.47 15,017.60 pt002 A 6.00 480.00 1,040.00 12,480.00 B 6.30 504.00 1,092.00 13,104.00 C 6.62 529.60 1,147.47 13,769.60 D 6.94 555.20 1,202.93 14,435.20 E 7.29 583.20 1,263.60 15,163.20 pt003 A 6.05 484.00 1,048.67 12,584.00 B 6.35 508.00 1,100.67 13, 208.00 C 6.67 533.60 1,156.13 13,873.60 D 7.00 560.00 1,213.33 14,560.00 E 7.35 588.00 1,274.00 15,288.00 pt004 A 6.09 487.20 1,055.60 12,667.20 B 6.39 511.20 1,107.60 13,291.20 C 6.71 536.80 1,163.07 13,956.80 D 7.05 564.00 1,222.00 14,664.00 E 7.40 592.00 1,282.67 15,392.00 pt005 A 6.11 488.80 1,059.07 12,708.80 B 6.42 513.60 1,112.80 13,353.60 C 6.74 539.20 1,168.27 14,019.20 D 7.08 566.40 1,227.20 14,726.40 E 7.43 594.40 1,287.87 15,454.40 pt006 A 6.15 B 6.47 C 6.78 D 7.13 E 7.49 492.00 517.60 542.40 570.40 599.20 1,066.00 1,121.47 1,175.20 1,235.87 1,298.27 12,792.00 13,457.60 14,102.40 14,830.40 15,579.20 155 of 535 CITY OF NATIONAL CITY PART-TIME & SEASONAL EMPLOYEE GROUP SALARY SCHEDULE Fiscal Year 2016-2017 Exhibit B RANGE STEP HOURLY BIWEEKLY MONTHLY ANNUAL pt007 A 6.20 496.00 1,074.67 12,896.00 B 6.51 520.80 1,128.40 13, 540.80 C 6.84 547.20 1,185.60 14,227.20 D 7.17 573.60 1,242.80 14,913.60 E 7.54 603.20 1,306.93 15,683.20 pt008 A 6.25 500.00 1,083.33 13,000.00 B 6.56 524.80 1,137.07 13, 644.80 C 6.89 551.20 1,194.27 14,331.20 D 7.23 578.40 1,253.20 15,038.40 E 7.60 608.00 1,317.33 15,808.00 pt009 A 6.31 504.80 1,093.73 13,124.80 B 6.63 530.40 1,149.20 13,790.40 C 6.95 556.00 1,204.67 14,456.00 D 7.31 584.80 1,267.07 15,204.80 E 7.67 613.60 1,329.47 15,953.60 pt010 A 6.37 509.60 1,104.13 13,249.60 B 6.69 535.20 1,159.60 13,915.20 C 7.02 561.60 1,216.80 14,601.60 D 7.37 589.60 1,277.47 15,329.60 E 7.74 619.20 1,341.60 16,099.20 pt011 A 6.42 513.60 1,112.80 13,353.60 B 6.73 538.40 1,166.53 13,998.40 C 7.07 565.60 1,225.47 14,705.60 D 7.42 593.60 1,286.13 15,433.60 E 7.79 623.20 1,350.27 16,203.20 pt012 A 6.48 B 6.80 C 7.14 D 7.50 E 7.88 518.40 544.00 571.20 600.00 630.40 1,123.20 1,178.67 1,237.60 1,300.00 1,365.87 13,478.40 14,144.00 14,851.20 15, 600.00 16,390.40 156 of 535 CITY OF NATIONAL CITY PART-TIME & SEASONAL EMPLOYEE GROUP SALARY SCHEDULE Fiscal Year 2016-2017 Exhibit B RANGE STEP HOURLY BIWEEKLY MONTHLY ANNUAL pt013 A 6.53 522.40 1,131.87 13,582.40 B 6.86 548.80 1,189.07 14, 268.80 C 7.20 576.00 1,248.00 14,976.00 D 7.56 604.80 1,310.40 15,724.80 E 7.94 635.20 1,376.27 16,515.20 pt014 A 6.56 524.80 1,137.07 13,644.80 B 6.89 551.20 1,194.27 14,331.20 C 7.23 578.40 1,253.20 15,038.40 D 7.60 608.00 1,317.33 15,808.00 E 7.98 638.40 1,383.20 16,598.40 pt015 A 6.60 528.00 1,144.00 13,728.00 B 6.94 555.20 1,202.93 14,435.20 C 7.29 583.20 1,263.60 15,163.20 D 7.64 611.20 1,324.27 15,891.20 E 8.03 642.40 1,391.87 16,702.40 pt016 A 6.70 536.00 1,161.33 13,936.00 B 7.04 563.20 1,220.27 14,643.20 C 7.38 590.40 1,279.20 15,350.40 D 7.76 620.80 1,345.07 16,140.80 E 8.15 652.00 1,412.67 16,952.00 pt017 A 6.75 540.00 1,170.00 14,040.00 B 7.09 567.20 1,228.93 14,747.20 C 7.44 595.20 1,289.60 15,475.20 D 7.81 624.80 1,353.73 16,244.80 E 8.21 656.80 1,423.07 17,076.80 pt018 A 6.81 B 7.15 C 7.51 D 7.89 E 8.27 544.80 572.00 600.80 631.20 661.60 1,180.40 1,239.33 1,301.73 1,367.60 1,433.47 14,164.80 14,872.00 15,620.80 16,411.20 17,201.60 157 of 535 CITY OF NATIONAL CITY PART-TIME & SEASONAL EMPLOYEE GROUP SALARY SCHEDULE Fiscal Year 2016-2017 Exhibit B RANGE STEP HOURLY BIWEEKLY MONTHLY ANNUAL pt019 A 6.88 550.40 1,192.53 14,310.40 B 7.22 577.60 1,251.47 15,017.60 C 7.58 606.40 1,313.87 15,766.40 D 7.96 636.80 1,379.73 16,556.80 E 8.36 668.80 1,449.07 17,388.80 pt020 A 6.91 552.80 1,197.73 14,372.80 B 7.26 580.80 1,258.40 15,100.80 C 7.62 609.60 1,320.80 15,849.60 D 8.00 640.00 1,386.67 16,640.00 E 8.40 672.00 1,456.00 17,472.00 pt021 A 6.97 557.60 1,208.13 14,497.60 B 7.32 585.60 1,268.80 15,225.60 C 7.69 615.20 1,332.93 15,995.20 D 8.07 645.60 1,398.80 16,785.60 E 8.47 677.60 1,468.13 17,617.60 pt022 A 7.01 560.80 1,215.07 14,580.80 B 7.36 588.80 1,275.73 15,308.80 C 7.73 618.40 1,339.87 16,078.40 D 8.12 649.60 1,407.47 16,889.60 E 8.53 682.40 1,478.53 17,742.40 pt023 A 7.08 566.40 1,227.20 14,726.40 B 7.42 593.60 1,286.13 15,433.60 C 7.80 624.00 1,352.00 16,224.00 D 8.19 655.20 1,419.60 17,035.20 E 8.60 688.00 1,490.67 17,888.00 pt024 A 7.13 B 7.49 C 7.86 D 8.25 E 8.67 570.40 599.20 628.80 660.00 693.60 1,235.87 1,298.27 1,362.40 1,430.00 1,502.80 14,830.40 15,579.20 16,348.80 17,160.00 18,033.60 158 of 535 CITY OF NATIONAL CITY PART-TIME & SEASONAL EMPLOYEE GROUP SALARY SCHEDULE Fiscal Year 2016-2017 Exhibit B RANGE STEP HOURLY BIWEEKLY MONTHLY ANNUAL pt025 A 7.19 575.20 1,246.27 14,955.20 B 7.55 604.00 1,308.67 15,704.00 C 7.93 634.40 1,374.53 16,494.40 D 8.33 666.40 1,443.87 17,326.40 E 8.75 700.00 1,516.67 18,200.00 pt026 A 7.26 580.80 1,258.40 15,100.80 B 7.62 609.60 1,320.80 15,849.60 C 8.00 640.00 1,386.67 16,640.00 D 8.40 672.00 1,456.00 17,472.00 E 8.83 706.40 1,530.53 18,366.40 pt027 A 7.30 584.00 1,265.33 15,184.00 B 7.67 613.60 1,329.47 15,953.60 C 8.05 644.00 1,395.33 16,744.00 D 8.45 676.00 1,464.67 17,576.00 E 8.87 709.60 1,537.47 18,449.60 pt028 A 7.36 588.80 1,275.73 15,308.80 B 7.73 618.40 1,339.87 16,078.40 C 8.12 649.60 1,407.47 16,889.60 D 8.53 682.40 1,478.53 17,742.40 E 8.95 716.00 1,551.33 18,616.00 pt029 A 7.41 592.80 1,284.40 15,412.80 B 7.78 622.40 1,348.53 16,182.40 C 8.17 653.60 1,416.13 16,993.60 D 8.58 686.40 1,487.20 17,846.40 E 9.01 720.80 1,561.73 18,740.80 pt030 A 7.46 B 7.86 C 8.22 D 8.63 E 9.06 596.80 628.80 657.60 690.40 724.80 1,293.07 1,362.40 1,424.80 1,495.87 1,570.40 15,516.80 16,348.80 17,097.60 17,950.40 18,844.80 159 of 535 CITY OF NATIONAL CITY PART-TIME & SEASONAL EMPLOYEE GROUP SALARY SCHEDULE Fiscal Year 2016-2017 Exhibit B RANGE STEP HOURLY BIWEEKLY MONTHLY ANNUAL pt031 A 7.52 601.60 1,303.47 15,641.60 B 7.90 632.00 1,369.33 16,432.00 C 8.30 664.00 1,438.67 17,264.00 D 8.70 696.00 1,508.00 18,096.00 E 9.15 732.00 1,586.00 19,032.00 pt032 A 7.60 608.00 1,317.33 15,808.00 B 7.98 638.40 1,383.20 16,598.40 C 8.38 670.40 1,452.53 17,430.40 D 8.80 704.00 1,525.33 18,304.00 E 9.24 739.20 1,601.60 19,219.20 pt033 A 7.64 611.20 1,324.27 15,891.20 B 8.02 641.60 1,390.13 16,681.60 C 8.43 674.40 1,461.20 17,534.40 D 8.85 708.00 1,534.00 18,408.00 E 9.29 743.20 1,610.27 19,323.20 pt034 A 7.71 616.80 1,336.40 16,036.80 B 8.10 648.00 1,404.00 16,848.00 C 8.51 680.80 1,475.07 17,700.80 D 8.93 714.40 1,547.87 18,574.40 E 9.38 750.40 1,625.87 19,510.40 pt035 A 7.78 622.40 1,348.53 16,182.40 B 8.17 653.60 1,416.13 16,993.60 C 8.58 686.40 1,487.20 17,846.40 D 9.01 720.80 1,561.73 18,740.80 E 9.46 756.80 1,639.73 19,676.80 pt036 A 7.83 B 8.23 C 8.64 D 9.07 E 9.52 626.40 658.40 691.20 725.60 761.60 1,357.20 1,426.53 1,497.60 1,572.13 1,650.13 16,286.40 17,118.40 17,971.20 18,865.60 19,801.60 160 of 535 CITY OF NATIONAL CITY PART-TIME & SEASONAL EMPLOYEE GROUP SALARY SCHEDULE Fiscal Year 2016-2017 Exhibit B RANGE STEP HOURLY BIWEEKLY MONTHLY ANNUAL pt037 A 7.93 634.40 1,374.53 16,494.40 B 8.33 666.40 1,443.87 17,326.40 C 8.75 700.00 1,516.67 18,200.00 D 9.18 734.40 1,591.20 19,094.40 E 9.64 771.20 1,670.93 20,051.20 pt038 A 7.97 637.60 1,381.47 16,577.60 B 8.37 669.60 1,450.80 17,409.60 C 8.79 703.20 1,523.60 18,283.20 D 9.23 738.40 1,599.87 19,198.40 E 9.69 775.20 1,679.60 20,155.20 pt039 A 8.05 644.00 1,395.33 16,744.00 B 8.46 676.80 1,466.40 17,596.80 C 8.88 710.40 1,539.20 18,470.40 D 9.32 745.60 1,615.47 19,385.60 E 9.80 784.00 1,698.67 20,384.00 pt040 A 8.12 649.60 1,407.47 16,889.60 B 8.53 682.40 1,478.53 17,742.40 C 8.95 716.00 1,551.33 18,616.00 D 9.40 752.00 1,629.33 19,552.00 E 9.87 789.60 1,710.80 20,529.60 pt041 A 8.18 654.40 1,417.87 17,014.40 B 8.59 687.20 1,488.93 17,867.20 C 9.02 721.60 1,563.47 18,761.60 D 9.47 757.60 1,641.47 19,697.60 E 9.94 795.20 1,722.93 20,675.20 pt042 A 8.27 B 8.68 C 9.11 D 9.58 E 10.05 661.60 694.40 728.80 766.40 804.00 1,433.47 1,504.53 1,579.07 1,660.53 1,742.00 17,201.60 18,054.40 18,948.80 19,926.40 20,904.00 161 of 535 CITY OF NATIONAL CITY PART-TIME & SEASONAL EMPLOYEE GROUP SALARY SCHEDULE Fiscal Year 2016-2017 Exhibit B RANGE STEP HOURLY BIWEEKLY MONTHLY ANNUAL pt043 A 8.35 668.00 1,447.33 17,368.00 B 8.77 701.60 1,520.13 18,241.60 C 9.20 736.00 1,594.67 19,136.00 D 9.66 772.80 1,674.40 20,092.80 E 10.14 811.20 1,757.60 21,091.20 pt044 A 8.39 671.20 1,454.27 17,451.20 B 8.81 704.80 1,527.07 18,324.80 C 9.25 740.00 1,603.33 19,240.00 D 9.71 776.80 1,683.07 20,196.80 E 10.20 816.00 1,768.00 21,216.00 pt045 A 8.48 678.40 1,469.87 17,638.40 B 8.90 712.00 1,542.67 18,512.00 C 9.36 748.80 1,622.40 19,468.80 D 9.82 785.60 1,702.13 20,425.60 E 10.31 824.80 1,787.07 21,444.80 pt046 A 8.55 684.00 1,482.00 17,784.00 B 8.97 717.60 1,554.80 18,657.60 C 9.42 753.60 1,632.80 19,593.60 D 9.89 791.20 1,714.27 20,571.20 E 10.38 830.40 1,799.20 21,590.40 pt047 A 8.59 687.20 1,488.93 17,867.20 B 9.02 721.60 1,563.47 18,761.60 C 9.46 756.80 1,639.73 19,676.80 D 9.94 795.20 1,722.93 20,675.20 E 10.44 835.20 1,809.60 21,715.20 pt048 A 8.68 B 9.12 C 9.58 D 10.06 E 10.56 694.40 729.60 766.40 804.80 844.80 1,504.53 1,580.80 1,660.53 1,743.73 1,830.40 18,054.40 18,969.60 19,926.40 20,924.80 21,964.80 162 of 535 CITY OF NATIONAL CITY PART-TIME & SEASONAL EMPLOYEE GROUP SALARY SCHEDULE Fiscal Year 2016-2017 Exhibit B RANGE STEP HOURLY BIWEEKLY MONTHLY ANNUAL pt049 A 8.75 700.00 1,516.67 18,200.00 B 9.19 735.20 1,592.93 19,115.20 C 9.64 771.20 1,670.93 20,051.20 D 10.12 809.60 1,754.13 21,049.60 E 10.64 851.20 1,844.27 22,131.20 pt050 A 8.82 705.60 1,528.80 18,345.60 B 9.26 740.80 1,605.07 19,260.80 C 9.72 777.60 1,684.80 20,217.60 D 10.22 817.60 1,771.47 21,257.60 E 10.72 857.60 1,858.13 22,297.60 pt051 A 8.89 711.20 1,540.93 18,491.20 B 9.33 746.40 1,617.20 19,406.40 C 9.81 784.80 1,700.40 20,404.80 D 10.29 823.20 1,783.60 21,403.20 E 10.80 864.00 1,872.00 22,464.00 pt052 A 8.95 716.00 1,551.33 18,616.00 B 9.40 752.00 1,629.33 19,552.00 C 9.87 789.60 1,710.80 20,529.60 D 10.36 828.80 1,795.73 21,548.80 E 10.88 870.40 1,885.87 22,630.40 pt053 A 9.03 722.40 1,565.20 18,782.40 B 9.48 758.40 1,643.20 19,718.40 C 9.96 796.80 1,726.40 20,716.80 D 10.46 836.80 1,813.07 21,756.80 E 10.98 878.40 1,903.20 22,838.40 pt054 A 9.10 B 9.56 C 10.04 D 10.54 E 11.07 728.00 764.80 803.20 843.20 885.60 1,577.33 1,657.07 1,740.27 1,826.93 1,918.80 18,928.00 19,884.80 20,883.20 21,923.20 23,025.60 163 of 535 CITY OF NATIONAL CITY PART-TIME & SEASONAL EMPLOYEE GROUP SALARY SCHEDULE Fiscal Year 2016-2017 Exhibit B RANGE STEP HOURLY BIWEEKLY MONTHLY ANNUAL pt055 A 9.20 736.00 1,594.67 19,136.00 B 9.66 772.80 1,674.40 20,092.80 C 10.14 811.20 1,757.60 21,091.20 D 10.65 852.00 1,846.00 22,152.00 E 11.18 894.40 1,937.87 23,254.40 pt056 A 9.27 741.60 1,606.80 19,281.60 B 9.73 778.40 1,686.53 20,238.40 C 10.23 818.40 1,773.20 21,278.40 D 10.73 858.40 1,859.87 22,318.40 E 11.27 901.60 1,953.47 23,441.60 pt057 A 9.37 749.60 1,624.13 19,489.60 B 9.84 787.20 1,705.60 20,467.20 C 10.33 826.40 1,790.53 21,486.40 D 10.85 868.00 1,880.67 22,568.00 E 11.39 911.20 1,974.27 23,691.20 pt058 A 9.45 756.00 1,638.00 19,656.00 B 9.92 793.60 1,719.47 20,633.60 C 10.42 833.60 1,806.13 21,673.60 D 10.94 875.20 1,896.27 22,755.20 E 11.49 919.20 1,991.60 23,899.20 pt059 A 9.52 761.60 1,650.13 19,801.60 B 10.01 800.80 1,735.07 20,820.80 C 10.50 840.00 1,820.00 21,840.00 D 11.03 882.40 1,911.87 22,942.40 E 11.58 926.40 2,007.20 24,086.40 pt060 A 9.61 B 10.08 C 10.58 D 11.12 E 11.68 768.80 806.40 846.40 889.60 934.40 1,665.73 1,747.20 1,833.87 1,927.47 2,024.53 19,988.80 20,966.40 22,006.40 23,129.60 24, 294.40 164 of 535 CITY OF NATIONAL CITY PART-TIME & SEASONAL EMPLOYEE GROUP SALARY SCHEDULE Fiscal Year 2016-2017 Exhibit B RANGE STEP HOURLY BIWEEKLY MONTHLY ANNUAL pt061 A 9.67 773.60 1,676.13 20,113.60 B 10.15 812.00 1,759.33 21,112.00 C 10.67 853.60 1,849.47 22,193.60 D 11.19 895.20 1,939.60 23,275.20 E 11.76 940.80 2,038.40 24,460.80 pt062 A 9.79 783.20 1,696.93 20,363.20 B 10.27 821.60 1,780.13 21,361.60 C 10.78 862.40 1,868.53 22,422.40 D 11.32 905.60 1,962.13 23,545.60 E 11.89 951.20 2,060.93 24,731.20 pt063 A 9.87 789.60 1,710.80 20,529.60 B 10.36 828.80 1,795.73 21,548.80 C 10.88 870.40 1,885.87 22,630.40 D 11.42 913.60 1,979.47 23,753.60 E 11.99 959.20 2,078.27 24,939.20 pt064 A 9.94 795.20 1,722.93 20,675.20 B 10.44 835.20 1,809.60 21,715.20 C 10.96 876.80 1,899.73 22,796.80 D 11.51 920.80 1,995.07 23,940.80 E 12.09 967.20 2,095.60 25,147.20 pt065 A 10.03 802.40 1,738.53 20,862.40 B 10.53 842.40 1,825.20 21,902.40 C 11.06 884.80 1,917.07 23,004.80 D 11.61 928.80 2,012.40 24,148.80 E 12.19 975.20 2,112.93 25,355.20 pt066 A 10.11 B 10.62 C 11.15 D 11.71 E 12.30 808.80 849.60 892.00 936.80 984.00 1,752.40 1,840.80 1,932.67 2,029.73 2,132.00 21,028.80 22,089.60 23,192.00 24,356.80 25,584.00 165 of 535 CITY OF NATIONAL CITY PART-TIME & SEASONAL EMPLOYEE GROUP SALARY SCHEDULE Fiscal Year 2016-2017 Exhibit B RANGE STEP HOURLY BIWEEKLY MONTHLY ANNUAL pt067 A 10.19 815.20 1,766.27 21,195.20 B 10.70 856.00 1,854.67 22,256.00 C 11.24 899.20 1,948.27 23,379.20 D 11.79 943.20 2,043.60 24,523.20 E 12.39 991.20 2,147.60 25,771.20 pt068 A 10.28 822.40 1,781.87 21,382.40 B 10.79 863.20 1,870.27 22,443.20 C 11.33 906.40 1,963.87 23,566.40 D 11.90 952.00 2,062.67 24,752.00 E 12.50 1,000.00 2,166.67 26,000.00 pt069 A 10.36 828.80 1,795.73 21,548.80 B 10.89 871.20 1,887.60 22,651.20 C 11.43 914.40 1,981.20 23,774.40 D 12.00 960.00 2,080.00 24,960.00 E 12.60 1,008.00 2,184.00 26,208.00 pt070 A 10.44 835.20 1,809.60 21,715.20 B 10.96 876.80 1,899.73 22,796.80 C 11.51 920.80 1,995.07 23,940.80 D 12.08 966.40 2,093.87 25,126.40 E 12.68 1,014.40 2,197.87 26,374.40 pt071 A 10.54 843.20 1,826.93 21,923.20 B 11.07 885.60 1,918.80 23,025.60 C 11.61 928.80 2,012.40 24,148.80 D 12.20 976.00 2,114.67 25,376.00 E 12.81 1,024.80 2,220.40 26,644.80 pt072 A 10.64 851.20 1,844.27 22,131.20 B 11.16 892.80 1,934.40 23,212.80 C 11.72 937.60 2,031.47 24,377.60 D 12.31 984.80 2,133.73 25,604.80 E 12.93 1,034.40 2,241.20 26,894.40 166 of 535 CITY OF NATIONAL CITY PART-TIME & SEASONAL EMPLOYEE GROUP SALARY SCHEDULE Fiscal Year 2016-2017 Exhibit B RANGE STEP HOURLY BIWEEKLY MONTHLY ANNUAL pt073 A 10.74 859.20 1,861.60 22,339.20 B 11.28 902.40 1,955.20 23,462.40 C 11.84 947.20 2,052.27 24,627.20 D 12.43 994.40 2,154.53 25,854.40 E 13.06 1,044.80 2,263.73 27,164.80 pt074 A 10.84 867.20 1,878.93 22,547.20 B 11.38 910.40 1,972.53 23,670.40 C 11.95 956.00 2,071.33 24,856.00 D 12.55 1,004.00 2,175.33 26,104.00 E 13.17 1,053.60 2,282.80 27,393.60 pt075 A 10.93 874.40 1,894.53 22,734.40 B 11.48 918.40 1,989.87 23,878.40 C 12.05 964.00 2,088.67 25,064.00 D 12.65 1,012.00 2,192.67 26,312.00 E 13.28 1,062.40 2,301.87 27,622.40 pt076 A 11.04 883.20 1,913.60 22,963.20 B 11.58 926.40 2,007.20 24,086.40 C 12.16 972.80 2,107.73 25,292.80 D 12.77 1,021.60 2,213.47 26,561.60 E 13.41 1,072.80 2,324.40 27,892.80 pt077 A 11.12 889.60 1,927.47 23,129.60 B 11.67 933.60 2,022.80 24,273.60 C 12.25 980.00 2,123.33 25,480.00 D 12.86 1,028.80 2,229.07 26,748.80 E 13.51 1,080.80 2,341.73 28,100.80 pt078 A 11.25 900.00 1,950.00 23,400.00 B 11.80 944.00 2,045.33 24,544.00 C 12.39 991.20 2,147.60 25,771.20 D 13.01 1,040.80 2,255.07 27,060.80 E 13.66 1,092.80 2,367.73 28,412.80 167 of 535 CITY OF NATIONAL CITY PART-TIME & SEASONAL EMPLOYEE GROUP SALARY SCHEDULE Fiscal Year 2016-2017 Exhibit B RANGE STEP HOURLY BIWEEKLY MONTHLY ANNUAL pt079 A 11.32 905.60 1,962.13 23,545.60 B 11.89 951.20 2,060.93 24,731.20 C 12.48 998.40 2,163.20 25,958.40 D 13.10 1,048.00 2,270.67 27,248.00 E 13.76 1,100.80 2,385.07 28,620.80 pt080 A 11.42 913.60 1,979.47 23,753.60 B 11.99 959.20 2,078.27 24,939.20 C 12.59 1,007.20 2,182.27 26,187.20 D 13.22 1,057.60 2,291.47 27,497.60 E 13.88 1,110.40 2,405.87 28,870.40 pt081 A 11.50 920.00 1,993.33 23,920.00 B 12.08 966.40 2,093.87 25,126.40 C 12.67 1,013.60 2,196.13 26,353.60 D 13.31 1,064.80 2,307.07 27,684.80 E 13.98 1,118.40 2,423.20 29,078.40 pt082 A 11.62 929.60 2,014.13 24,169.60 B 12.20 976.00 2,114.67 25,376.00 C 12.82 1,025.60 2,222.13 26,665.60 D 13.46 1,076.80 2,333.07 27,996.80 E 14.13 1,130.40 2,449.20 29,390.40 pt083 A 11.71 936.80 2,029.73 24,356.80 B 12.30 984.00 2,132.00 25,584.00 C 12.92 1,033.60 2,239.47 26,873.60 D 13.56 1,084.80 2,350.40 28,204.80 E 14.24 1,139.20 2,468.27 29,619.20 pt084 A 11.79 943.20 2,043.60 24,523.20 B 12.38 990.40 2,145.87 25,750.40 C 13.00 1,040.00 2,253.33 27,040.00 D 13.65 1,092.00 2,366.00 28,392.00 E 14.33 1,146.40 2,483.87 29,806.40 168 of 535 CITY OF NATIONAL CITY PART-TIME & SEASONAL EMPLOYEE GROUP SALARY SCHEDULE Fiscal Year 2016-2017 Exhibit B RANGE STEP HOURLY BIWEEKLY MONTHLY ANNUAL pt085 A 11.90 952.00 2,062.67 24,752.00 B 12.50 1,000.00 2,166.67 26,000.00 C 13.11 1,048.80 2,272.40 27,268.80 D 13.78 1,102.40 2,388.53 28,662.40 E 14.46 1,156.80 2,506.40 30,076.80 pt086 A 12.04 963.20 2,086.93 25,043.20 B 12.64 1,011.20 2,190.93 26,291.20 C 13.27 1,061.60 2,300.13 27,601.60 D 13.94 1,115.20 2,416.27 28,995.20 E 14.64 1,171.20 2,537.60 30,451.20 pt087 A 12.12 969.60 2,100.80 25,209.60 B 12.73 1,018.40 2,206.53 26,478.40 C 13.36 1,068.80 2,315.73 27,788.80 D 14.03 1,122.40 2,431.87 29,182.40 E 14.73 1,178.40 2,553.20 30,638.40 pt088 A 12.24 979.20 2,121.60 25,459.20 B 12.85 1,028.00 2,227.33 26,728.00 C 13.50 1,080.00 2,340.00 28,080.00 D 14.18 1,134.40 2,457.87 29,494.40 E 14.88 1,190.40 2,579.20 30,950.40 pt089 A 12.38 990.40 2,145.87 25,750.40 B 13.00 1,040.00 2,253.33 27,040.00 C 13.65 1,092.00 2,366.00 28,392.00 D 14.33 1,146.40 2,483.87 29,806.40 E 15.05 1,204.00 2,608.67 31,304.00 pt090 A 12.46 996.80 2,159.73 25,916.80 B 13.09 1,047.20 2,268.93 27,227.20 C 13.74 1,099.20 2,381.60 28,579.20 D 14.43 1,154.40 2,501.20 30,014.40 E 15.15 1,212.00 2,626.00 31,512.00 169 of 535 CITY OF NATIONAL CITY PART-TIME & SEASONAL EMPLOYEE GROUP SALARY SCHEDULE Fiscal Year 2016-2017 Exhibit B RANGE STEP HOURLY BIWEEKLY MONTHLY ANNUAL pt091 A 12.59 1,007.49 2,182.90 26,194.74 B 13.22 1,057.86 2,292.03 27,504.36 C 13.88 1,110.75 2,406.63 28,879.50 D 14.58 1,166.29 2,526.96 30,323.54 E 15.31 1,224.60 2,653.30 31,839.60 pt092 A 13.08 1,046.25 2,266.88 27,202.50 B 13.73 1,098.55 2,380.19 28,562.30 C 14.42 1,153.48 2,499.21 29,990.48 D 15.14 1,211.16 2,624.18 31,490.16 E 15.90 1,271.71 2,755.37 33,064.46 pt093 A 13.21 1,056.96 2,290.08 27,480.96 B 13.87 1,109.82 2,404.61 28,855.32 C 14.57 1,165.30 2,524.82 30,297.80 D 15.29 1,223.56 2,651.05 31,812.56 E 16.06 1,284.73 2,783.58 33,402.98 pt094 A 13.33 1,066.43 2,310.60 27,727.18 B 14.00 1,119.74 2,426.10 29,113.24 C 14.70 1,175.73 2,547.42 30,568.98 D 15.43 1,234.52 2,674.79 32,097.52 E 16.20 1,296.25 2,808.54 33,702.50 pt095 A 13.44 1,074.99 2,329.15 27,949.74 B 14.11 1,128.72 2,445.56 29,346.72 C 14.81 1,185.15 2,567.83 30,813.90 D 15.56 1,244.40 2,696.20 32,354.40 E 16.33 1,306.65 2,831.08 33,972.90 pt096 A 13.55 1,083.68 2,347.97 28,175.68 B 14.22 1,137.85 2,465.34 29,584.10 C 14.93 1,194.75 2,588.63 31,063.50 D 15.68 1,254.49 2,718.06 32,616.74 E 16.47 1,317.22 2,853.98 34,247.72 170 of 535 CITY OF NATIONAL CITY PART-TIME & SEASONAL EMPLOYEE GROUP SALARY SCHEDULE Fiscal Year 2016-2017 Exhibit B RANGE STEP HOURLY BIWEEKLY MONTHLY ANNUAL pt097 A 13.64 1,091.31 2,364.51 28,374.06 B 14.32 1,145.87 2,482.72 29,792.62 C 15.04 1,203.17 2,606.87 31,282.42 D 15.79 1,263.33 2,737.22 32,846.58 E 16.58 1,326.49 2,874.06 34,488.74 pt098 A 13.80 1,103.79 2,391.55 28,698.54 B 14.49 1,158.99 2,511.15 30,133.74 C 15.21 1,216.92 2,636.66 31,639.92 D 15.97 1,277.78 2,768.52 33,222.28 E 16.77 1,341.65 2,906.91 34,882.90 pt099 A 13.92 1,113.34 2,412.24 28,946.84 B 14.61 1,169.02 2,532.88 30,394.52 C 15.34 1,227.47 2,659.52 31,914.22 D 16.11 1,288.84 2,792.49 33,509.84 E 16.92 1,353.28 2,932.11 35,185.28 pt100 A 14.03 1,122.01 2,431.02 29,172.26 B 14.73 1,178.12 2,552.59 30,631.12 C 15.46 1,237.03 2,680.23 32,162.78 D 16.24 1,298.88 2,814.24 33,770.88 E 17.05 1,363.81 2,954.92 35,459.06 pt101 A 14.14 1,131.52 2,451.63 29,419.52 B 14.85 1,188.11 2,574.24 30,890.86 C 15.59 1,247.51 2,702.94 32,435.26 D 16.37 1,309.87 2,838.05 34,056.62 E 17.19 1,375.38 2,979.99 35,759.88 pt102 A 14.26 1,141.16 2,472.51 29,670.16 B 14.98 1,198.22 2,596.14 31,153.72 C 15.73 1,258.13 2,725.95 32,711.38 D 16.51 1,321.04 2,862.25 34,347.04 E 17.34 1,387.08 3,005.34 36,064.08 171 of 535 CITY OF NATIONAL CITY PART-TIME & SEASONAL EMPLOYEE GROUP SALARY SCHEDULE Fiscal Year 2016-2017 Exhibit B RANGE STEP HOURLY BIWEEKLY MONTHLY ANNUAL pt103 A 14.37 1,149.80 2,491.23 29,894.80 B 15.09 1,207.28 2,615.77 31,389.28 C 15.85 1,267.66 2,746.60 32,959.16 D 16.64 1,331.04 2,883.92 34,607.04 E 17.47 1,397.57 3,028.07 36,336.82 pt104 A 14.49 1,159.42 2,512.08 30,144.92 B 15.22 1,217.41 2,637.72 31,652.66 C 15.98 1,278.27 2,769.59 33,235.02 D 16.78 1,342.18 2,908.06 34,896.68 E 17.62 1,409.29 3,053.46 36,641.54 pt105 A 14.62 1,169.92 2,534.83 30,417.92 B 15.36 1,228.42 2,661.58 31,938.92 C 16.12 1,289.83 2,794.63 33,535.58 D 16.93 1,354.32 2,934.36 35,212.32 E 17.78 1,422.04 3,081.09 36,973.04 pt106 A 14.72 1,177.44 2,551.12 30,613.44 B 15.45 1,236.31 2,678.67 32,144.06 C 16.23 1,298.13 2,812.62 33,751.38 D 17.04 1,363.02 2,953.21 35,438.52 E 17.89 1,431.18 3,100.89 37,210.68 pt107 A 14.86 1,189.05 2,576.28 30,915.30 B 15.61 1,248.50 2,705.08 32,461.00 C 16.39 1,310.92 2,840.33 34,083.92 D 17.21 1,376.47 2,982.35 35,788.22 E 18.07 1,445.30 3,131.48 37,577.80 pt108 A 14.99 1,199.59 2,599.11 31,189.34 B 15.74 1,259.58 2,729.09 32,749.08 C 16.53 1,322.55 2,865.53 34,386.30 D 17.36 1,388.68 3,008.81 36,105.68 E 18.23 1,458.11 3,159.24 37,910.86 172 of 535 CITY OF NATIONAL CITY PART-TIME & SEASONAL EMPLOYEE GROUP SALARY SCHEDULE Fiscal Year 2016-2017 Exhibit B RANGE STEP HOURLY BIWEEKLY MONTHLY ANNUAL pt109 A 15.15 1,212.06 2,626.13 31,513.56 B 15.91 1,272.66 2,757.43 33,089.16 C 16.70 1,336.30 2,895.32 34,743.80 D 17.54 1,403.11 3,040.07 36,480.86 E 18.42 1,473.26 3,192.06 38,304.76 pt110 A 15.28 1,222.67 2,649.12 31,789.42 B 16.05 1,283.80 2,781.57 33,378.80 C 16.85 1,347.99 2,920.65 35,047.74 D 17.69 1,415.39 3,066.68 36,800.14 E 18.58 1,486.17 3,220.04 38,640.42 pt111 A 15.41 1,233.15 2,671.83 32,061.90 B 16.19 1,294.80 2,805.40 33,664.80 C 16.99 1,359.54 2,945.67 35,348.04 D 17.84 1,427.51 3,092.94 37,115.26 E 18.74 1,498.89 3,247.60 38,971.14 pt112 A 15.56 1,244.70 2,696.85 32,362.20 B 16.34 1,306.94 2,831.70 33,980.44 C 17.15 1,372.28 2,973.27 35,679.28 D 18.01 1,440.90 3,121.95 37,463.40 E 18.91 1,512.95 3,278.06 39,336.70 pt113 A 15.68 1,254.10 2,717.22 32,606.60 B 16.46 1,316.80 2,853.07 34,236.80 C 17.28 1,382.65 2,995.74 35,948.90 D 18.15 1,451.78 3,145.52 37,746.28 E 19.05 1,524.36 3,302.78 39,633.36 pt114 A 15.85 1,268.39 2,748.18 32,978.14 B 16.65 1,331.82 2,885.61 34,627.32 C 17.48 1,398.39 3,029.85 36,358.14 D 18.35 1,468.32 3,181.36 38,176.32 E 19.27 1,541.75 3,340.46 40,085.50 173 of 535 CITY OF NATIONAL CITY PART-TIME & SEASONAL EMPLOYEE GROUP SALARY SCHEDULE Fiscal Year 2016-2017 Exhibit B RANGE STEP HOURLY BIWEEKLY MONTHLY ANNUAL pt115 A 15.97 1,277.27 2,767.42 33,209.02 B 16.76 1,341.14 2,905.80 34,869.64 C 17.60 1,408.20 3,051.10 36,613.20 D 18.48 1,478.61 3,203.66 38,443.86 E 19.41 1,552.54 3,363.84 40,366.04 pt116 A 16.11 1,288.74 2,792.27 33,507.24 B 16.91 1,353.18 2,931.89 35,182.68 C 17.76 1,420.85 3,078.51 36,942.10 D 18.65 1,491.87 3,232.39 38,788.62 E 19.58 1,566.47 3,394.02 40,728.22 pt117 A 16.22 1,297.29 2,810.80 33,729.54 B 17.03 1,362.14 2,951.30 35,415.64 C 17.88 1,430.26 3,098.90 37,186.76 D 18.77 1,501.76 3,253.81 39,045.76 E 19.71 1,576.86 3,416.53 40,998.36 pt118 A 16.40 1,311.64 2,841.89 34,102.64 B 17.22 1,377.21 2,983.96 35,807.46 C 18.08 1,446.07 3,133.15 37,597.82 D 18.98 1,518.37 3,289.80 39,477.62 E 19.93 1,594.29 3,454.30 41,451.54 pt119 A 16.52 1,321.25 2,862.71 34,352.50 B 17.34 1,387.31 3,005.84 36,070.06 C 18.21 1,456.68 3,156.14 37,873.68 D 19.12 1,529.51 3,313.94 39,767.26 E 20.07 1,605.99 3,479.65 41,755.74 pt120 A 16.64 1,330.84 2,883.49 34,601.84 B 17.47 1,397.38 3,027.66 36,331.88 C 18.34 1,467.24 3,179.02 38,148.24 D 19.26 1,540.61 3,337.99 40,055.86 E 20.22 1,617.64 3,504.89 42,058.64 174 of 535 CITY OF NATIONAL CITY PART-TIME & SEASONAL EMPLOYEE GROUP SALARY SCHEDULE Fiscal Year 2016-2017 Exhibit B RANGE STEP HOURLY BIWEEKLY MONTHLY ANNUAL pt121 A 16.78 1,342.38 2,908.49 34,901.88 B 17.62 1,409.51 3,053.94 36,647.26 C 18.50 1,479.97 3,206.60 38,479.22 D 19.42 1,553.98 3,366.96 40,403.48 E 20.40 1,631.68 3,535.31 42,423.68 pt122 A 16.98 1,358.62 2,943.68 35,324.12 B 17.83 1,426.55 3,090.86 37,090.30 C 18.72 1,497.87 3,245.39 38,944.62 D 19.66 1,572.76 3,407.65 40,891.76 E 20.64 1,651.40 3,578.03 42,936.40 pt123 A 17.09 1,367.24 2,962.35 35,548.24 B 17.95 1,435.60 3,110.47 37,325.60 C 18.84 1,507.37 3,265.97 39,191.62 D 19.78 1,582.73 3,429.25 41,150.98 E 20.77 1,661.88 3,600.74 43,208.88 pt124 A 17.27 1,381.65 2,993.58 35,922.90 B 18.13 1,450.72 3,143.23 37,718.72 C 19.04 1,523.26 3,300.40 39,604.76 D 19.99 1,599.42 3,465.41 41,584.92 E 20.99 1,679.39 3,638.68 43,664.14 pt125 A 17.46 1,397.01 3,026.86 36,322.26 B 18.34 1,466.88 3,178.24 38,138.88 C 19.25 1,540.22 3,337.14 40,045.72 D 20.22 1,617.23 3,504.00 42,047.98 E 21.23 1,698.09 3,679.20 44,150.34 pt126 A 17.58 1,406.53 3,047.48 36,569.78 B 18.46 1,476.85 3,199.84 38,398.10 C 19.38 1,550.69 3,359.83 40,317.94 D 20.35 1,628.23 3,527.83 42,333.98 E 21.37 1,709.64 3,704.22 44,450.64 175 of 535 CITY OF NATIONAL CITY PART-TIME & SEASONAL EMPLOYEE GROUP SALARY SCHEDULE Fiscal Year 2016-2017 Exhibit B RANGE STEP HOURLY BIWEEKLY MONTHLY ANNUAL pt127 A 17.74 1,418.88 3,074.24 36,890.88 B 18.62 1,489.84 3,227.99 38,735.84 C 19.55 1,564.33 3,389.38 40,672.58 D 20.53 1,642.53 3,558.82 42,705.78 E 21.56 1,724.67 3,736.79 44,841.42 pt128 A 17.87 1,429.60 3,097.47 37,169.60 B 18.76 1,501.08 3,252.34 39,028.08 C 19.70 1,576.14 3,414.97 40,979.64 D 20.69 1,654.94 3,585.70 43,028.44 E 21.72 1,737.68 3,764.97 45,179.68 pt129 A 18.07 1,445.84 3,132.65 37,591.84 B 18.98 1,518.12 3,289.26 39,471.12 C 19.93 1,594.04 3,453.75 41,445.04 D 20.92 1,673.73 3,626.42 43,516.98 E 21.97 1,757.43 3,807.77 45,693.18 pt130 A 18.23 1,458.22 3,159.48 37,913.72 B 19.14 1,531.11 3,317.41 39,808.86 C 20.10 1,607.67 3,483.29 41,799.42 D 21.10 1,688.06 3,657.46 43,889.56 E 22.16 1,772.46 3,840.33 46,083.96 pt131 A 18.35 1,467.81 3,180.26 38,163.06 B 19.27 1,541.22 3,339.31 40,071.72 C 20.23 1,618.28 3,506.27 42,075.28 D 21.24 1,699.18 3,681.56 44,178.68 E 22.30 1,784.14 3,865.64 46,387.64 pt132 A 18.50 1,480.36 3,207.45 38,489.36 B 19.43 1,554.37 3,367.80 40,413.62 C 20.40 1,632.09 3,536.20 42,434.34 D 21.42 1,713.70 3,713.02 44,556.20 E 22.49 1,799.40 3,898.70 46,784.40 176 of 535 CITY OF NATIONAL CITY PART-TIME & SEASONAL EMPLOYEE GROUP SALARY SCHEDULE Fiscal Year 2016-2017 Exhibit B RANGE STEP HOURLY BIWEEKLY MONTHLY ANNUAL pt133 A 18.70 1,495.68 3,240.64 38,887.68 B 19.63 1,570.46 3,402.66 40,831.96 C 20.61 1,648.99 3,572.81 42,873.74 D 21.64 1,731.42 3,751.41 45,016.92 E 22.73 1,818.00 3,939.00 47,268.00 pt134 A 18.84 1,507.18 3,265.56 39,186.68 B 19.78 1,582.54 3,428.84 41,146.04 C 20.77 1,661.66 3,600.26 43,203.16 D 21.81 1,744.74 3,780.27 45,363.24 E 22.90 1,831.97 3,969.27 47,631.22 pt135 A 19.03 1,522.45 3,298.64 39,583.70 B 19.98 1,598.56 3,463.55 41,562.56 C 20.98 1,678.50 3,636.75 43,641.00 D 22.03 1,762.43 3,818.60 45,823.18 E 23.13 1,850.56 4,009.55 48,114.56 pt136 A 19.22 1,537.82 3,331.94 39,983.32 B 20.18 1,614.71 3,498.54 41,982.46 C 21.19 1,695.44 3,673.45 44,081.44 D 22.25 1,780.21 3,857.12 46,285.46 E 23.37 1,869.22 4,049.98 48,599.72 pt137 A 19.38 1,550.24 3,358.85 40,306.24 B 20.35 1,627.75 3,526.79 42,321.50 C 21.36 1,709.14 3,703.14 44,437.64 D 22.43 1,794.59 3,888.28 46,659.34 E 23.55 1,884.32 4,082.69 48,992.32 pt138 A 19.57 1,565.56 3,392.05 40,704.56 B 20.55 1,643.84 3,561.65 42,739.84 C 21.58 1,726.03 3,739.73 44,876.78 D 22.65 1,812.34 3,926.74 47,120.84 E 23.79 1,902.95 4,123.06 49,476.70 177 of 535 CITY OF NATIONAL CITY PART-TIME & SEASONAL EMPLOYEE GROUP SALARY SCHEDULE Fiscal Year 2016-2017 Exhibit B RANGE STEP HOURLY BIWEEKLY MONTHLY ANNUAL pt139 A 19.75 1,579.92 3,423.16 41,077.92 B 20.74 1,658.91 3,594.31 43,131.66 C 21.77 1,741.86 3,774.03 45,288.36 D 22.86 1,828.94 3,962.70 47,552.44 E 24.00 1,920.39 4,160.85 49,930.14 pt140 A 19.91 1,592.45 3,450.31 41,403.70 B 20.90 1,672.07 3,622.82 43,473.82 C 21.95 1,755.67 3,803.95 45,647.42 D 23.04 1,843.46 3,994.16 47,929.96 E 24.20 1,935.64 4,193.89 50,326.64 pt141 A 20.10 1,607.79 3,483.55 41,802.54 B 21.10 1,688.16 3,657.68 43,892.16 C 22.16 1,772.59 3,840.61 46,087.34 D 23.27 1,861.20 4,032.60 48,391.20 E 24.43 1,954.26 4,234.23 50,810.76 pt142 A 20.25 1,620.25 3,510.54 42,126.50 B 21.27 1,701.26 3,686.06 44,232.76 C 22.33 1,786.32 3,870.36 46,444.32 D 23.45 1,875.63 4,063.87 48,766.38 E 24.62 1,969.41 4,267.06 51,204.66 pt143 A 20.43 1,634.71 3,541.87 42,502.46 B 21.46 1,716.46 3,719.00 44,627.96 C 22.53 1,802.27 3,904.92 46,859.02 D 23.65 1,892.38 4,100.16 49,201.88 E 24.84 1,987.00 4,305.17 51,662.00 pt144 A 20.62 1,649.93 3,574.85 42,898.18 B 21.66 1,732.41 3,753.56 45,042.66 C 22.74 1,819.04 3,941.25 47,295.04 D 23.88 1,910.00 4,138.33 49,660.00 E 25.07 2,005.50 4,345.25 52,143.00 178 of 535 CITY OF NATIONAL CITY PART-TIME & SEASONAL EMPLOYEE GROUP SALARY SCHEDULE Fiscal Year 2016-2017 Exhibit B RANGE STEP HOURLY BIWEEKLY MONTHLY ANNUAL pt145 A 20.84 1,667.17 3,612.20 43,346.42 B 21.88 1,750.54 3,792.84 45,514.04 C 22.98 1,838.05 3,982.44 47,789.30 D 24.12 1,929.97 4,181.60 50,179.22 E 25.33 2,026.46 4,390.66 52,687.96 pt146 A 21.02 1,681.47 3,643.19 43,718.22 B 22.07 1,765.55 3,825.36 45,904.30 C 23.17 1,853.82 4,016.61 48,199.32 D 24.33 1,946.52 4,217.46 50,609.52 E 25.55 2,043.84 4,428.32 53,139.84 pt147 A 21.20 1,695.93 3,674.52 44,094.18 B 22.26 1,780.73 3,858.25 46,298.98 C 23.37 1,869.76 4,051.15 48,613.76 D 24.54 1,963.26 4,253.73 51,044.76 E 25.77 2,061.43 4,466.43 53,597.18 pt148 A 21.39 1,711.21 3,707.62 44,491.46 B 22.46 1,796.77 3,893.00 46,716.02 C 23.58 1,886.60 4,087.63 49,051.60 D 24.76 1,980.93 4,292.02 51,504.18 E 26.00 2,079.97 4,506.60 54,079.22 pt149 A 21.61 1,728.42 3,744.91 44,938.92 B 22.69 1,814.83 3,932.13 47,185.58 C 23.82 1,905.59 4,128.78 49,545.34 D 25.01 2,000.86 4,335.20 52,022.36 E 26.26 2,100.89 4,551.93 54,623.14 pt150 A 21.80 1,743.73 3,778.08 45,336.98 B 22.89 1,830.92 3,966.99 47,603.92 C 24.03 1,922.47 4,165.35 49,984.22 D 25.23 2,018.58 4,373.59 52,483.08 E 26.49 2,119.51 4,592.27 55,107.26 179 of 535 CITY OF NATIONAL CITY PART-TIME & SEASONAL EMPLOYEE GROUP SALARY SCHEDULE Fiscal Year 2016-2017 Exhibit B RANGE STEP HOURLY BIWEEKLY MONTHLY ANNUAL pt151 A 22.00 1,760.06 3,813.46 45,761.56 B 23.10 1,848.09 4,004.20 48,050.34 C 24.26 1,940.48 4,204.37 50,452.48 D 25.47 2,037.51 4,414.61 52,975.26 E 26.74 2,139.38 4,635.32 55,623.88 pt152 A 22.19 1,775.40 3,846.70 46,160.40 B 23.30 1,864.18 4,039.06 48,468.68 C 24.47 1,957.38 4,240.99 50,891.88 D 25.69 2,055.26 4,453.06 53,436.76 E 26.98 2,158.03 4,675.73 56,108.78 pt153 A 22.37 1,789.77 3,877.84 46,534.02 B 23.49 1,879.26 4,071.73 48,860.76 C 24.67 1,973.21 4,275.29 51,303.46 D 25.90 2,071.88 4,489.07 53,868.88 E 27.19 2,175.47 4,713.52 56,562.22 pt154 A 22.59 1,807.14 3,915.47 46,985.64 B 23.72 1,897.49 4,111.23 49,334.74 C 24.90 1,992.36 4,316.78 51,801.36 D 26.15 2,091.99 4,532.65 54,391.74 E 27.46 2,196.58 4,759.26 57,111.08 pt155 A 22.78 1,822.46 3,948.66 47,383.96 B 23.92 1,913.59 4,146.11 49,753.34 C 25.12 2,009.28 4,353.44 52,241.28 D 26.37 2,109.73 4,571.08 54,852.98 E 27.69 2,215.21 4,799.62 57,595.46 pt156 A 23.01 1,840.51 3,987.77 47,853.26 B 24.16 1,932.53 4,187.15 50,245.78 C 25.36 2,029.18 4,396.56 52,758.68 D 26.63 2,130.62 4,616.34 55,396.12 E 27.96 2,237.16 4,847.18 58,166.16 180 of 535 CITY OF NATIONAL CITY PART-TIME & SEASONAL EMPLOYEE GROUP SALARY SCHEDULE Fiscal Year 2016-2017 Exhibit B RANGE STEP HOURLY BIWEEKLY MONTHLY ANNUAL pt157 A 23.23 1,858.79 4,027.38 48,328.54 B 24.40 1,951.74 4,228.77 50,745.24 C 25.62 2,049.32 4,440.19 53,282.32 D 26.90 2,151.79 4,662.21 55,946.54 E 28.24 2,259.38 4,895.32 58,743.88 pt158 A 23.44 1,875.08 4,062.67 48,752.08 B 24.61 1,968.84 4,265.82 51,189.84 C 25.84 2,067.28 4,479.11 53,749.28 D 27.13 2,170.66 4,703.10 56,437.16 E 28.49 2,279.19 4,938.25 59,258.94 pt159 A 23.69 1,895.24 4,106.35 49,276.24 B 24.88 1,990.02 4,311.71 51,740.52 C 26.12 2,089.52 4,527.29 54,327.52 D 27.42 2,193.98 4,753.62 57,043.48 E 28.80 2,303.68 4,991.31 59,895.68 pt160 A 23.87 1,909.50 4,137.25 49,647.00 B 25.06 2,004.97 4,344.10 52,129.22 C 26.32 2,105.23 4,561.33 54,735.98 D 27.63 2,210.49 4,789.40 57,472.74 E 29.01 2,321.01 5,028.86 60,346.26 181 of 535 RESOLUTION NO. 2016 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A SALARY SCHEDULE FOR THE PART-TIME AND SEASONAL EMPLOYEE GROUP FOR FISCAL YEAR 2017 IN COMPLIANCE WITH THE REQUIREMENT OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (CALPERS) NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves the Fiscal Year 2017 Salary Schedule for the Part -Time and Seasonal Employee Group, attached hereto as Exhibit "A". PASSED and ADOPTED this 21st day of June, 2016. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor 182 of 535 City of National City Human Resources Department PART-TIME and SEASONAL EMPLOYEE GROUP SALARY SCHEDULE Fiscal Year 2016-2017 Exhibit A POSITION TITLE SALARY RANGE HOURLY SALARY Aquatics Manager pt086 $12.04 — $14.64 Cashier pt042 $8.27 — $10.05 Dishwasher pt042 $8.27 — $10.05 Equipment Service Trainee pt057 $9.37 — $11.39 Food Services Worker pt053 $9.03 — $10.98 Home Delivered Meals Driver pt059 $9.52 — $11.58 Kitchen Aide pt042 $8.27 — $10.05 Librarian pt160 $23.87 — $29.01 Library Assistant pt099 $13.92 — $16.92 Library Clerk (Grant Funded) pt066 $10.11 — $12.30 Library Technician pt124 $17.27 — $20.99 Lifeguard/Swim Instructor pt064 $9.94 — $12.09 Management Intern (Graduate) N/A $16.00 Management Intern (Undergraduate) N/A $13.00 Office Aide pt065 $10.03 — $12.19 Police Cadet pt047 $8.59 — $10.44 Page 1 183 of 535 City of National City Human Resources Department PART-TIME and SEASONAL EMPLOYEE GROUP SALARY SCHEDULE Fiscal Year 2016-2017 Exhibit A POSITION TITLE SALARY RANGE HOURLY SALARY Police Dispatcher pt160 $23.87 — $29.01 Police Records Clerk pt099 $13.92 — $16.92 Property & Evidence Specialist I pt132 $18.50 — $22.49 Recreation Aide pt042 $8.27 — $10.05 Recreation Leader I pt045 $8.48 — $10.31 Recreation Leader 11 pt054 $9.10 — $11.07 Recreation Leader III pt064 $9.94 — $12.09 Recreation Specialist pt059 $9.52 — $11.58 Seasonal Park Aide pt080 $11.42 — $13.88 Senior Library Technician pt129 $18.07 — $21.97 Senior Lifeguard pt075 $10.93 — $13.28 Stock Clerk/Storekeeper pt059 $9.52 — $11.58 Student Worker pt047 $8.59 — $10.44 Page 2 184 of 535 CC/CDC-HA Agenda 6/21/2016 — Page 185 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City approving a salary schedule for the Management employee group for Fiscal Year 2016-2017 in compliance with the requirements of the California Public Employees Retirement System (Ca1PERS). (Human 185 of 535 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 21, 2016 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City approving a salary schedule for the Management employee group for Fiscal Year 2016-2017 in compliance with the requirements of the California Public Employees' Retirement System (Ca1PERS) PREPARED BY: Stacey Stevenson PHONE: 336-4308 DEPARTMENT: Human Resources APPROVED BY: EXPLANATION: All employees of the City of National City receive a rate of pay within the established salary band for the job classification into which the employee has been hired. The purpose of this item is to establish the Fiscal Year 2016-2017 salary schedule for classifications within the Management employee group. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: There is no fiscal impact associated with this action. Personnel costs for Management employee group are incorporated in the City of National City General Fund budget adopted by the City Council at its meeting of June 7, 2016. ENVIRONMENTAL REVIEW: This is not a project and is therefore not subject to environmental review. Finance MIS ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution approving the Fiscal Year 2017 compensation plan for the Management employee group BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Resolution Management Employee Group Salary Schedule 1 bb OT bJb City of National City Human Resources Department MANAGEMENT EMPLOYEE GROUP SALARY SCHEDULE Fiscal Year 2016-2017 Exhibit A POSITION TITLE SALARY BAND (MONTHLY) SALARY BAND (ANNUAL) Asst Director of PW/Engineering $ 4,594.04 — $ 10,769.99 $ 55,128.48 — $ 129,239.88 Assistant Police Chief $ 11,368.50 — $ 12,742.63 $ 136,422.00 — $ 152,911.56 Battalion Chief $ 5,316.96 — $ 10,746.90 $ 63,803.52 — $ 128,962.80 Building Official $ 7,087.16 — $ 10,539.12 $ 85,045.92 — $ 126,469.44 Community Development Manager $ 7,287.50 — $ 10,047.88 $ 87,450.00 — $ 120,574.56 Community Development Specialist III $ 4,465.78 — $ 8,897.39 $ 53,589.36 — $ 106,768.68 Deputy City Attorney $ 6,841.11 — $ 10,033.63 $ 82,093.32 — $ 120,403.56 Deputy Director of Human Resources $ 7,287.50 — $ 10,047.88 $ 87,450.00 — $ 120,574.56 Equipment Maint Supervisor $ 3,229.82 — $ 8,551.09 $ 38,757.84 — $ 102,613.08 Facilities Maint Supervisor $ 3,229.82 — $ 7,268.49 $ 38,757.84 — $ 87,221.88 Financial Services Officer $ 4,174.28 — $ 9,985.04 $ 50,091.36 — $ 119,820.48 Housing Programs Manager $ 4,255.90 — $ 9,339.89 $ 51,070.80 — $ 112,078.68 Management Analyst I $ 3,116.72 — $ 6,165.46 $ 37,400.64 — $ 73,985.52 Management Analyst II $ 3,542.31 — $ 7,006.85 $ 42,507.72 — $ 84,082.20 Management Analyst III $ 3,964.40 — $ 7,848.23 $ 47,572.80 — $ 94,178.76 Mgmt Information Systems Manager $ 4,279.22 — $ 10,235.15 $ 51,350.64 — $ 122,821.80 Neighborhood Council Coordinator $ 3,964.40 — $ 7,848.23 $ 47,572.80 — $ 94,178.76 Neighborhood Services Manager $ 3,229.82 — $ 8,551.09 $ 38,757.84 — $ 102,613.08 Nutrition Program Manager $ 3,229.82 — $ 8,412.57 $ 38,757.84 — $ 100,950.84 Park Superintendent $ 3,229.82 — $ 8,412.57 $ 38,757.84 — $ 100,950.84 PIO/Mgmt Analyst III $ 3,964.40 — $ 7,848.23 $ 47,572.80 — $ 94,178.76 Police Captain $ 5,410.24 — $ 12,473.34 $ 64,922.88 — $ 149,680.08 187 of 535 City of National City Human Resources Department MANAGEMENT EMPLOYEE GROUP SALARY SCHEDULE Fiscal Year 2016-2017 Exhibit A POSITION TITLE SALARY BAND (MONTHLY) SALARY BAND (ANNUAL) Police Support Services Manager $ 3,964.40 — $ 7,848.23 $ 47,572.80 — $ 94,178.76 Principal Civil Engineer $ 7,795.88 — $ 10,539.12 $ 93,550.56 — $ 126,469.44 Principal Librarian $ 3,766.18 — $ 8,604.96 $ 45,194.16 — $ 103,259.52 Principal Planner $ 4,465.78 — $ 8,897.39 $ 53,589.36 — $ 106,768.68 Project Officer $ 4,465.78 — $ 8,897.39 $ 53,589.36 — $ 106,768.68 Purchasing Agent $ 4,255.90 — $ 9,339.89 $ 51,070.80 — $ 112,078.68 Recreation Superintendent $ 3,229.82 — $ 8,412.57 $ 38,757.84 — $ 100,950.84 Risk Manager $ 4,174.28 — $ 9,981.19 $ 50,091.36 — $ 119,774.28 Senior Accountant $ 3,264.80 — $ 7,489.10 $ 39,177.60 — $ 89,869.20 Special Assistant to the Mayor $ 3,542.31 — $ 7,006.85 $ 42,507.72 — $ 84,082.20 Street Maintenance Supervisor $ 3,229.82 — $ 7,268.49 $ 38,757.84 — $ 87,221.88 Street & Wastewater Maint Superintendent $ 3,229.82 — $ 8,412.57 $ 38,757.84 — $ 100,950.84 Traffic Engineer $ 6,056.20 — $ 10,235.15 $ 72,674.40 — $ 122,821.80 Wastewater Supervisor $ 3,229.82 — $ 7,268.49 $ 38,757.84 — $ 87,221.88 188 of 535 RESOLUTION NO. 2016 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A SALARY SCHEDULE FOR THE MANAGEMENT EMPLOYEE GROUP FOR FISCAL YEAR 2017 IN COMPLIANCE WITH THE REQUIREMENTS OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (CALPERS) NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves the Fiscal Year 2017 Salary Schedule for the Management Employee Group, attached hereto as Exhibit "A". PASSED and ADOPTED this 21st day of June, 2016. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor 189 of 535 City of National City Human Resources Department MANAGEMENT EMPLOYEE GROUP SALARY SCHEDULE Fiscal Year 2016-2017 Exhibit A POSITION TITLE SALARY BAND (MONTHLY) SALARY BAND (ANNUAL) Asst Director of PW/Engineering $ 4,594.04 — $ 10,769.99 $ 55,128.48 — $ 129,239.88 Assistant Police Chief $ 11,368.50 — $ 12,742.63 $ 136,422.00 — $ 152,911.56 Battalion Chief $ 5,316.96 — $ 10,746.90 $ 63,803.52 — $ 128,962.80 Building Official $ 7,087.16 — $ 10,539.12 $ 85,045.92 — $ 126,469.44 Community Development Manager $ 7,287.50 — $ 10,047.88 $ 87,450.00 — $ 120,574,56 Community Development Specialist III $ 4,465.78 — $ 8,897.39 $ 53,589.36 — $ 106,768.68 Deputy City Attorney $ 6,841.11 — $ 10,033.63 $ 82,093.32 — $ 120,403.56 Deputy Director of Human Resources $ 7,287.50 — $ 10,047.88 $ 87,450.00 — $ 120,574,56 Equipment Maint Supervisor $ 3,229.82 — $ 8,551.09 $ 38,757.84 — $ 102,613.08 Facilities Maint Supervisor $ 3,229.82 — $ 7,268.49 $ 38,757.84 — $ 87,221.88 Financial Services Officer $ 4,174.28 — $ 9,985.04 $ 50,091.36 — $ 119,820,48 Housing Programs Manager $ 4,255.90 — $ 9,339.89 $ 51,070.80 — $ 112,078.68 Management Analyst I $ 3,116.72 — $ 6,165.46 $ 37,400.64 — $ 73,985.52 Management Analyst II $ 3,542.31 — $ 7,006.85 $ 42,507.72 — $ 84,082.20 Management Analyst III $ 3,964.40 — $ 7,848.23 $ 47,572.80 — $ 94,178.76 Mgmt Information Systems Manager $ 4,279.22 — $ 10,235.15 $ 51,350.64 — $ 122,821.80 Neighborhood Council Coordinator $ 3,964.40 — $ 7,848.23 $ 47,572.80 — $ 94,178.76 Neighborhood Services Manager $ 3,229.82 — $ 8,551.09 $ 38,757.84 — $ 102,613.08 Nutrition Program Manager $ 3,229,82 — $ 8,412.57 $ 38,757.84 — $ 100,950.84 Park Superintendent $ 3,229.82 — $ 8,412.57 $ 38,757.84 — $ 100,950.84 PIO/Mgmt Analyst III $ 3,964.40 — $ 7,848.23 $ 47,572.80 — $ 94,178.76 Police Captain $ 5,410.24 — $ 12,473.34 $ 64,922.88 — $ 149,680.08 1 190 of 535 City of National City Human Resources Department MANAGEMENT EMPLOYEE GROUP SALARY SCHEDULE Fiscal Year 2016-2017 Exhibit A POSITION TITLE SALARY BAND (MONTHLY) SALARY BAND (ANNUAL) Police Support Services Manager $ 3,964.40 — $ 7,848.23 $ 47,572.80 — $ 94,178.76 Principal Civil Engineer $ 7,795.88 — $ 10,539.12 $ 93,550.56 — $ 126,469.44 Principal Librarian $ 3,766.18 — $ 8,604.96 $ 45,194.16 — $ 103,259.52 Principal Planner $ 4,465.78 — $ 8,897.39 $ 53,589.36 — $ 106,768.68 Project Officer $ 4,465.78 — $ 8,897.39 $ 53,589.36 — $ 106,768.68 Purchasing Agent $ 4,255.90 — $ 9,339.89 $ 51,070.80 — $ 112,078.68 Recreation Superintendent $ 3,229.82 — $ 8,412.57 $ 38,757.84 — $ 100,950.84 Risk Manager $ 4,174.28 — $ 9,981.19 $ 50,091.36 — $ 119,774.28 Senior Accountant $ 3,264.80 — $ 7,489.10 $ 39,177.60 — $ 89,869.20 Special Assistant to the Mayor $ 3,542.31 — $ 7,006.85 $ 42,507.72 — $ 84,082.20 Street Maintenance Supervisor $ 3,229.82 — $ 7,268.49 $ 38,757.84 — $ 87,221.88 Street & Wastewater Maint Superintendent $ 3,229.82 — $ 8,412.57 $ 38,757.84 — $ 100,950.84 Traffic Engineer $ 6,056.20 — $ 10,235.15 $ 72,674.40 — $ 122,821.80 Wastewater Supervisor $ 3,229.82 — $ 7,268.49 $ 38,757.84 — $ 87,221.88 2 191 of 535 CC/CDC-HA Agenda 6/21/2016 — Page 192 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City approving a salary schedule for the Executive employee group for Fiscal Year 2016-2017 in compliance with the requirements of the California Public Employees Retirement System (Ca1PERS). (Human 192 of 535 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 21, 2016 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City approving a salary schedules for the Executive employee group for Fiscal Year 2016-2017 in compliance with the requirements of the California Public Employees' Retirement System (Ca1PERS) PREPARED BY: Stacey Stevenson DEPARTMENT: Human Resources PHONE: 336-4308 APPROVED BY: : )C,�2 EXPLANATION: All employees of the City of National City receive a rate of pay within the established salary band for the job classification into which the employee has been hired. The purpose of this item is to establish the Fiscal Year 2016-2017 salary schedule for classifications within the Executive employee group. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS There is no fiscal impact associated with this action. Personnel costs for Executive employee group are incorporated in the City of National City General Fund budget adopted by the City Council at its meeting of June 7, 2016. ENVIRONMENTAL REVIEW: This is not a project and is therefore not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution approving the Fiscal Year 2017 compensation plan for the Executive employee group BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Resolution Executive Employee Group Salary Schedule 193 of 535 City of National City Human Resources Department Exhibit A EXECUTIVE EMPLOYEE GROUP SALARY SCHEDULE Fiscal Year 2016-2017 POSITION TITLE SALARY BAND (MONTHLY) SALARY BAND (ANNUAL) City Manager $17,496.31 (Actual Salary) $209,956 City Attorney $16,658.33 (Actual Salary) $199,900 Assistant City Manager $ 6,249.76 — $ 16,041.67 $ 74,997.12 — $ 192,500.00 City Librarian $ 5,363.60 — $ 11,472.86 $ 64,363.20 — $ 137,674.32 Community Development Executive Director $ 7,288.00 — $ 13,657.88 $ 87,456.00 — $ 163,894.56 Community Services Director $ 7,287.50 — $ 10,687.91 $ 87,450.00 — $ 128,254.92 Deputy City Manager $ 6,249.76 — $ 14,583.33 $ 74,997.12 — $ 175,000.00 Director of Administrative Services $ 5,643.44 — $ 13,087.65 $ 67,721.28 — $ 157,051.80 Director of Building & Safety $ 5,561.82 — $ 10,731.49 $ 66,741.84 — $ 128,777.88 Director of Community Development $ 5,643.44 — $ 12,669.53 $ 67,721.28 — $ 152,034.36 Director of Emergency Services $ 5,946.60 — $ 13,250.55 $ 71,359.20 — $ 159,006.60 Director of Finance $ 5,643.44 — $ 12,480.99 $ 67,721.28 — $ 149,771.88 Director of Housing, Grants & Asset Mgmt $ 5,363.60 — $ 11,472.86 $ 64,363.20 — $ 137,674.32 Director of Neighborhood Services $ 5,363.60 — $ 11,472.86 $ 64,363.20 — $ 137,674.32 Director of Planning $ 5,643.44 — $ 13,087.65 $ 67,721.28 — $ 157,051.80 Director of Public Works $ 5,643.44 — $ 12,669.53 $ 67,721.28 — $ 152,034.36 Director of Public Works/City Engineer $ 5,643.44 — $ 12,669.53 $ 67,721.28 — $ 152,034.36 Fire Chief $ 5,946.60 — $ 13,250.55 $ 71,359.20 — $ 159,006.60 Human Resources Director $ 4,862.22 — $ 12,501.50 $ 58,346.64 — $ 150,018.00 Police Chief $ 6,541.26 — $ 14,992.31 $ 78,495.12 — $ 179,907.72 Records Management Officer $ 5,462.71 — $ 8,609.78 $ 65,552.52 — $ 103,317.36 Senior Assistant City Attorney $ 7,433.25 — $ 13,575.03 $ 89,199.00 — $ 162,900.36 194 of 535 RESOLUTION NO. 2016 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A SALARY SCHEDULE FOR THE EXECUTIVE EMPLOYEE GROUP FOR FISCAL YEAR 2017 IN COMPLIANCE WITH THE REQUIREMENTS OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (CALPERS) NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves the Fiscal Year 2017 Salary Schedule for the Executive Employee Group, attached hereto as Exhibit "A". PASSED and ADOPTED this 21st day of June, 2016. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor 195 of 535 City of National City Human Resources Department Exhibit A EXECUTIVE EMPLOYEE GROUP SALARY SCHEDULE Fiscal Year 2016-2017 POSITION TITLE SALARY BAND (MONTHLY) SALARY BAND (ANNUAL) City Manager $17,496.31 (Actual Salary) $209,956 City Attorney $16,658.33 (Actual Salary) $199,900 Assistant City Manager $ 6,249.76 - $ 16,041.67 $ 74,997.12 - $ 192,500.00 City Librarian $ 5,363.60 - $ 11,472.86 $ 64,363.20 - $ 137,674.32 Community Development Executive Director $ 7,288.00 - $ 13,657.88 $ 87,456.00 - $ 163,894.56 Community Services Director $ 7,287.50 - $ 10,687.91 $ 87,450.00 - $ 128,254.92 Deputy City Manager $ 6,249.76 - $ 14,583.33 $ 74,997.12 - $ 175,000.00 Director of Administrative Services $ 5,643.44 - $ 13,087,65 $ 67,721.28 - $ 157,051.80 Director of Building & Safety $ 5,561.82 - $ 10,731.49 $ 66,741.84 - $ 128,777.88 Director of Community Development $ 5,643.44 - $ 12,669.53 $ 67,721.28 - $ 152,034.36 Director of Emergency Services $ 5,946.60 - $ 13,250.55 $ 71,359.20 - $ 159,006.60 Director of Finance $ 5,643.44 - $ 12,480.99 $ 67,721.28 - $ 149,771.88 Director of Housing, Grants & Asset Mgmt $ 5,363.60 - $ 11,472.86 $ 64,363.20 - $ 137,674.32 Director of Neighborhood Services $ 5,363.60 - $ 11,472.86 $ 64,363.20 - $ 137,674.32 Director of Planning $ 5,643.44 - $ 13,087.65 $ 67,721.28 - $ 157,051.80 Director of Public Works $ 5,643.44 - $ 12,669.53 $ 67,721.28 - $ 152,034.36 Director of Public Works/City Engineer $ 5,643.44 - $ 12,669.53 $ 67,721.28 - $ 152,034.36 Fire Chief $ 5,946.60 - $ 13,250.55 $ 71,359.20 - $ 159,006.60 Human Resources Director $ 4,862.22 - $ 12,501.50 $ 58,346.64 - $ 150,018.00 Police Chief $ 6,541.26 - $ 14,992.31 $ 78,495.12 - $ 179,907.72 Records Management Officer $ 5,462.71 - $ 8,609.78 $ 65,552.52 - $ 103,317.36 Senior Assistant City Attorney $ 7,433.25 - $ 13,575.03 $ 89,199.00 - $ 162,900.36 196 of 535 CC/CDC-HA Agenda 6/21/2016 — Page 197 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City: 1. authorizing the Mayor to execute a second amendment to the Agreement with Able Patrol and Guard for the provision of security guard service to the Library, extending the term of the Agreement 197 of 535 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 21, 2016 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City: 1. authorizing the Mayor to execute a second amendment to the Agreement with Able Patrol and Guard for the provision of security guard service to the Library, extending the term of the Agreement for one year, expiring June 30, 2017, for the not -to -exceed amount of $40,000; and 2. authorizing the City Manager to execute the two additional one-year term amendments as allowed by the Agreement, for amounts not to exceed $50,000 for each one-year term. q PREPARED BY: G. Olivares DEPARTMENT: Libra PHONE: 5883 APPROVED BY: EXPLANATION: On March 17, 2015, the City entered into an agreement with Able Patrol and Guard to provide sec city guard service at the National City Library as a pilot project until June 30, 2015. A first amendment to the Agreement was entered on July 1, 2015 to extend the term of the Agreement for one year, expiring June 30, 2016. This second amendment to the Agreement is for FY2016-17 in the not -to -exceed amount of $40,000, expiring June 30, 2017. See attached Staff Report FINANCIAL STATEMENT: ACCOUNT NO. 104-418-056-299-0000 ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: '.. APPROVED: Finance MIS STAFF RECOMMENDATION: Adoption of resolution BOARD / COMMISSION RECOMMENDATION: Approved by the Library Board of Trustees on June 13, 2016. ATTACHMENTS: 1. Staff Report 2. Second Amendment to the Agreement 3. First Amendment 4. 2015 Agreement with Able Patrol and Guard 5. Resolution 198 of 535 +}- CALIFORNIA °- NATIONAL Cfli imcy INCORPORATRD June 21, 2016 STAFF REPORT ITEM: Resolution of the City Council of the City of National City: 1. authorizing the Mayor to execute a second amendment to the Agreement with Able Patrol and Guard (for the provision of security guard service to the Library) to extend the term of the Agreement for one year, expiring June 30, 2017, for the not -to -exceed amount of $40,000; 2, authorizing the City Manager to have authority to sign any future renewals beyond the period ending June 30, 2017 for amounts not to exceed $50,000 for each one-year term. BACKGROUND Locator Services, Inc. dba Able Patrol and Guard (APG) has provided security guard services for San Diego's commercial and industrial facilities, hospitals, shopping centers, financial institutions, educational facilities, governments, businesses and organizations since 1964. In 2014, APG was awarded a security service contract through a competitive bid process with the City of San Diego for security guard services at various city sites. The contract was for a period of one (1) year with options to renew for four (4) additional one-year periods, for a total duration not exceeding five (5) years. In March 2015, pursuant to Cooperative Purchasing Section 2.60.260 of the National City Municipal Code, the City has entered into a 15-week agreement with APG to provide unarmed, uniformed security guard service for the Library for an amount not -to -exceed $15,000 and ending June 30, 2015. The Agreement for the pilot project includes a clause giving the City the option to renew the service for up to four (4) additional one-year terms corresponding with the City's fiscal year contingent on a mutual agreement between the City and the Contractor. With this item, staff seeks Council's approval to amend the Agreement with APG to extend the security service procurement for one year, expiring June 30, 2017 for an amount not to exceed $40,000.; and to grant the City Manager the authority to sign any future renewals beyond June 30, 2017 for amounts not to exceed $50,000 for each one-year term. 199 of 535 SCHEDULE OF PERFORMANCE APG provides thirty-seven (37) hours of service weekly to the Library with security guard shifts as follows: Monday through Thursday: 1:15 — 8:15 pm Saturday and Sunday: 12:45 — 5:15 pm Compensation to be paid to Contractor is $19.90 an hour with total annual amount not to exceed $40,000. Any additional shifts required will be billed at the same hourly rate. FISCAL IMPACT The total cost of the Agreement is estimated not to exceed $156,118.90 for the maximum duration of the Agreement. Pilot period ending June 30, 2015 $6,188.90 FY2015-2016 Not to exceed $40,000 FY2016-2017 Not to exceed $40,000 FY2017-2018 Not to exceed $40,000 FY2018-2019 Not to exceed $40,000 STAFF RECOMMENDATION The pilot period that ended June 30, 2015 had been a very successful experiment. It allowed the Library to test drive the effectiveness of having a uniformed presence on premises to maintain order, protect property, assets and people, and deter illegal and inappropriate actions. The presence of a guard at the Library since May has brought on peace of mind and a sense of overall security to the staff and patrons. While the service does come at a cost to the City, it is hard to overlook the "quality of life" benefits it brings. We recommend the City to continue with the security guard service and approve a second amendment to extend the Service Agreement with Able Patrol and Guard for another period ending on June 30, 2017. 200 of 535 SECOND AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND LOCATOR SERVICES, INC. DBA ABLE PATROL AND GUARD THIS SECOND AMENDMENT TO THE AGREEMENT, is entered into this first day of July, 2016, by and between the CITY OF NATIONAL CITY, a municipal corporation ("CITY"), and LOCATOR SERVICES, INC. DBA ABLE PATROL AND GUARD, a corporation (the "CONTRACTOR"). RECITALS WHEREAS, the CITY and the CONTRACTOR (collectively referred to as the "Parties") entered into an Agreement on March 17, 2015, ("the Agreement") wherein the CONTRACTOR agreed to provide security guard service for the National City Public Library. WHEREAS, the original term of the Agreement was for a period of 15 weeks through June 30, 2015. WHEREAS, the amount paid for work performed during the original term of the Agreement was $6,188.90. WHEREAS, the Agreement allows for renewal of the Agreement for four (4) additional one-year terms, and such renewal is contingent upon mutual agreement between the CITY and the CONTRACTOR. WHEREAS, on July 1, 2015, the Parties entered into a First Amendment to the Agreement in the amount of $40,000 to extend the term of the Agreement for one year, expiring June 30, 2016 for a total not to exceed amount of $46,188.90. WHEREAS, the Parties desire to amend the Agreement to extend the term of the Agreement for an additional one-year term, expiring June 30, 2017 for the not to exceed amount of $40,000, for a total not -to -exceed amount of $86,188.90 WHEREAS, on June 21, 2016 the CITY authorized the City Manager to execute the two additional one-year term amendments as allowed by the Agreement, for amounts not to exceed $50,000 for each one-year term. NOW, THEREFORE, the Parties hereto agree as follows: 1. The Agreement entered into on March 17, 2015, shall be amended to extend the term of the Agreement for one year, expiring June 30, 2017 for the not to exceed amount of $40,000, for a total not to exceed amount of $86,188.90. 2. The City Manager is authorized to exercise and execute the remaining one-year renewals under the Agreement. 201 of 535 3. The Parties further agree that with the foregoing exception, each and every term and provision of the Agreement dated March 17, 2015, shall remain in full force and effect. IN WITNESS WHEREOF, the Parties hereto have executed this Second Amendment to the Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Ron Morrison, Mayor APPROVED AS TO FORM: Claudia G. Silva City Attorney Second Amendment 2 LOCATOR SERVICES, INC. DBA ABLE PATROL AND GUARD (Corporation — signatures of two corporate officers) By: George Grauer President By: George Grauer, Jr. Vice President City of National City and July 1, 2016 Locator Services, Inc., dba Able Patrol and Guard 202 of 535 FIRST AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND LOCATOR SERVICES, INC. DBA ABLE PATROL AND GUARD THIS FIRST AMENDMENT TO THE AGREEMENT, is entered into this first day of July, 2015, by and between the CITY OF NATIONAL CITY, a municipal corporation ("CITY"), and LOCATOR SERVICES, INC. DBA ABLE PATROL AND GUARD, a corporation (the "CON TRACTOR"). RECITALS WHEREAS, the CITY and the CONTRACTOR (collectively referred to as the "Parties") entered into an Agreement on March 17, 2015, (the "Agreement") wherein the CONTRACTOR agreed to provide security guard service for the National City Public Library. WHEREAS, the original term of the Agreement was for a period of 15 weeks through June 30, 2015. WHEREAS, the amount paid for work performed during the original term of the Agreement is $6,188.90. WHEREAS, the Agreement allows for renewal of the Agreement for four (4) additional one-year terms, and such renewal is contingent upon mutual agreement between the Parties. WHEREAS, the Parties desire to amend the Agreement to extend the term of the Agreement for one year, expiring June 30, 2016 for the not to exceed amount of $40,000. NOW, THEREFORE, the Parties hereto agree that the Agreement entered into on March 17, 2015, shall be amended to extend the term of the Agreement for one year, expiring June 30, 2016 for the not to exceed amount of $40,000, for a total not to exceed amount of $46,188.90. The Parties further agree that with the foregoing exception, each and every term and provision of the Agreement dated March 17, 2015, shall remain in full force and effect. IN WITNESS WHEREOF, the Parties hereto have executed this First Amendment to the Agreement on the date and year first above written. [Signature Page to Follow] 203 of 535 CITY OF NATIONAL CITY By: Cl© Leslie Deese, City Manager PROVED AS TO FORM: Claudia C.Silva City Atto y LOCATOR SERVICES, INC. DBA ABLE PATROL AND GUARD (Signatures of two corporate officers required) B By: (Name) George Grauer, Jr. George Grauer (Print) President (Title) (Print) Vice President (Title) First Amendment - 2 City of National City and August 2015 Able Patrol & Guard 204 of 535 AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND LOCATOR SERVICES, INC. DBA ABLE PATROL AND GUARD THIS AGREEMENT is entered into this 17th day of March, 2015, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Locator Services, Inc. dba Able Patrol and Guard, a corporation (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to provide security guard services at the National City Public Library during regular business hours. WHEREAS, the CITY has determined that the CONTRACTOR has provided security service for San Diego's commercial and industrial facilities, hospitals, shopping centers, financial institutions, educational facilities, governments, businesses and organizations and is qualified by experience and ability to perform the services desired by the CITY, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CITY agrees to engage the CONTRACTOR, and the CONTRACTOR agrees to perform the services set forth here in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services shall be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. The CONTRACTOR will perform services as set forth in the attached Exhibit "A ". The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CITY may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services. 3. PROJECT COORDINATION AND SUPERVISION. Minh Duong, City Librarian, hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. George Grauer, Jr., Senior Vice -President, thereby is designated as the Project Director for the CONTRACTOR. 205 of 535 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A" shall not exceed the schedule given in Exhibit "A" (the Base amount) without prior written authorization from the CITY. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A", as determined by the CITY. The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred, and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY, and for furnishing of copies to the CITY, if requested. 5. ACCEPTABILITY OF WORK. The City shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement, and the amount of compensation due. In the event the CONTRACTOR and the City cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONTRACTOR in this Agreement, the City or the CONTRACTOR shall give to the other written notice. Within ten (10) business days, the CONTRACTOR and the City shall each prepare a report which supports their position and file the same with the other party. The City shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONTRACTOR. 6. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement will become effective on March 17, 2015. The duration of this Agreement is for the period of 15 weeks through June 30, 2015. The CITY may renew this Agreement for four (4) additional one- year terms, corresponding with the CITY's fiscal year — July 1 to June 30. The renewal is contingent on a mutual agreement between the CITY and the CONTRACTOR. 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications, and other documents prepared by the CONTRACTOR for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONTRACTOR hereby assigns to the CITY, and CONTRACTOR thereby expressly waives and disclaims any copyright in, and the right to reproduce, all written material, drawings, plans, specifications, or other work prepared under this Agreement, except upon the CITY' S prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium, or method utilize the CONTRACTOR'S written work product for the CITY'S purposes, and the CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. 2 City's Standard Agreement —2014 revision 206 of 535 Any modification or reuse by the CITY of documents, drawings, or specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section 14, but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers with one another. Neither the CONTRACTOR nor the CONTRACTOR'S employees are employees of the CITY, and are not entitled to any of the rights, benefits, or privileges of the CITY'S employees, including but not limited to retirement, medical, unemploy- ment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR'S employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees, or SUBCONTRACTORS, as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its SUBCONTRACTOR(S) shall require the SUBCONTRACTOR(S) to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CITY nor its officers, agents, or employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR'S employees, except as herein set forth, and the CONTRACTOR or the CONTRACTOR'S agents, servants, or employees are not in any manner agents, servants, or employees of the CITY, it being understood that the CONTRACTOR its agents, servants, and employees are as to the CITY wholly independent CONTRACTOR, and that the CONTRACTOR'S obligations to the CITY are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all applicable state and federal statutes and regulations, and all applicable ordinances, rules, and regulations of the City of National City, whether now in force or subsequently enacted. The CONTRACTOR and each of its SUB CONTRACTOR(S), shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONTRACTOR to practice its profession. 12. STANDARD OF CARE. A. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONTRACTOR'S trade or profession currently practicing under similar 3 City's Standard Agreement —2014 revision 207 of 535 conditions and in similar locations. The CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR'S employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this Agreement, the CONTRACTOR warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONTRACTOR'S professional performance or the furnishing of materials or services relating thereto. C. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR liable to the CITY for any increased costs that result from the CITY'S later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous, places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONTRACTOR shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 14, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the 4 City's Standard Agreement —2014 revision 208 of 535 CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONTRACTOR shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 15. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR agrees to defend, indemnify and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suites, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONTRACTOR'S performance or other obligations under this Agreement; provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the City, its agents, officers, or employees. The indemnity, defense, and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement. 16. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar State or federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. 17. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its SUBCONTRACTOR(S), when applicable, to purchase and maintain throughout the term of this Agreement, the following checked insurance policies: A. ® If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. ® Automobile Insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). The policy shall name the CITY and its officers, agents and employees as additional insureds, and a separate additional insured endorsement shall be provided. C. ® Commercial General Liability Insurance, with minimum limits of $1,000,000 per occurrence and $5,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. The policy shall name the CITY and its officers, agents and employees as additional insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "project" or "location". D. ® Workers' Compensation Insurance in an amount sufficient to meet statutory requirements covering all of CONTRACTOR'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be 5 City's Standard Agreement —2014 revision 209 of 535 endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this Agreement. If CONTRACTOR has no employees subject to the California Workers' Compensation and Labor laws, CONTRACTOR shall execute a Declaration to that effect, Said Declaration shall be provided to CONTRACTOR by CITY. E. ® The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. ® If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. G. ® Insurance shall be written with only California admitted companies that hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the CITY'S Risk Manager. In the event coverage is ,provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. H. ® This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY'S Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. I. ® All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a 6 City's Standard Agreement —2014 revision 210 of 535 judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. D. In the event of termination, all finished or unfmished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONTRACTOR'S breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 7. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 21. NOTICES. Ali notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: Minh Duong City Librarian National City Public Library City of National City 1401 National City Boulevard 7 City's Standard Agreement —2014 revision 211 of 535 National City, CA 91950-4301 To CONTRACTOR: George Grauer, Jr. Senior Vice -President Locator Services, Inc. dba Able Patrol and Guard 4616 Mission Gorge Place San Diego, CA 92120 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty- eight (48) hours by letter mailed or delivered as specified in this Section. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONTRACTOR also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the CONTRACTOR shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONTRACTOR shill file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONTRACTOR shall obtain from the City Clerk. The CONTRACTOR shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 22 by the CONTRACTOR. 23. PREVAILING WAGES. State prevailing wage rates may apply to work performed under this Agreement. State prevailing wages rates apply to all public works contracts as set forth in California Labor Code, including but not limited to, Sections 1720,1720.2, 1720.3, 1720.4, and 1771. CONTRACTOR is solely responsible to determine if State prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations. 24. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date 8 City's Standard Agreement —2014 revision 212 of 535 shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state, or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Audit. If this Agreement exceeds ten -thousand dollars ($10,000), the parties shall be subject to the examination and audit of the State Auditor for a period of three (3) years after final payment under the Agreement, per Government Code Section 8546.7. , J. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. K. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. L. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. 9 City's Standard Agreement —2014 revision 213 of 535 CITY OF NATIONAL CITY By: ?4,. Leslie Deese, City Manager PRO AS TO F • RM: �1. udia Gaci .'Si va ity Attorne LOCATOR SERVICES, INC. DBA ABLE PATROL AND GUARD (Corporation — signatures of two corporate officers required) B By: 10 George Grauer President (Title) (Name) George Grauer, Jr. (Print) Vice President (Title) City's Standard Agreement —2014 revision 214 of 535 04/11/2016 13:17 Christine CERTIFICATE OF LIABILITY INSUR PAC ,1:AKiE 19 213E106 CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NJ F:li'H—s c:::RTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER 'ME CC BELOW. THIS CERTIFICATE OF INSURANCE DOE:o NOT CONSTITUTE A CONTRACT EETIVLE V ' EPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE_ HOLDER. i',1PORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy ies) must be endo+st d. • L: rms and conditions of the policy, certain policies May require an endorsemont. A statement of 1 tr r..,1 ,cate holder in lieu of such endorsement(sj. •L,:�R I:mark Commercial Ins Srvc Cohen G,,teway Road •;1, CA 92009 t A. Cohen COI TACT Robert A. Coher PHONE 760-632-4t 4(I SIC Nq. Ext): EMAIL ADDRESS: P.002/002 LOCAT-1 OP ID: DB DATE (MMIDDIYYYY) 04/06/2016 F'ON rHE CERTIFICATE HOLDER. THIS ERA( E AFFORDED BY THE POLICIES II? 13 ,UING INSURER(S), AUTHORIZED f St.BROGATION IS WAIVED, subject to ; certificate does not confer rights to the I FAX N1: 760-632-4841 INSURER(S) Al FOI II.vG COVERAGE INSURER A:Crum & FOrestltrt' 1'3Ciakty Ins Locator Services, Inc dba: Able Patrol & Guard 4616 Mission Gorge Place San Diego, CA 92120-4133 INSURER B : Hartford Castle y 1 S wince Co INSURER C : Berkley Reg itanal :•urance Co. INSU 1ER D : INSUAEA E: INSU'3ERF: -- NAIC 0 29424 .RAGES CERTIFICATE NUMBER: :EVISION NUMBER: 1,, TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INS JRI .TED. 'toTWITHSTAN{SING ANY REQUIREMENT, TERIJ OR CONDITION OF ANY CONTRACT OR OTHER . i . RCATE WAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY ThE POLICIES DESCR BE :I JSIONs AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN ;EDUCED BY PAID CLAI US iYPEOFINSURANCE ADD S B- . A . :POLICY NUMBER POUCYEFF ,MMIDO/TYYY) FOLIC` ECP lMM/Dr01YY r'Y x. 1 COMMERCIAL GENERAL LIABILITY 1 CLI MS•MADE 1 Xl OCCUR GLO-241098 0410112016 34/01/2017 • ;''_ ADORE'.11E LIMIT APPLIES PER: X 1 POLICY Li JFCT n LOc 1 OTHER: ki.i1OMOBILE LIABILITY ANY AUTO 1 ALL OWti:.D .,_ AUTOS _ .• HI/01) AIMS L__ SCHEDULED AUTOS NON -OWNED AUTOS XI UMORELLA LIAR EXCESS L'a0 X_ OCCUR CLAIMS -MADE SEO-100042 04/01/2016 J4/01/2017 ' Or.D I x RETENTONS 10000 .-•F.:<ERS COMPENSATION cr..iP' OYCRS' LIABIU Y :.'I-.,,.,RIETORe-AR1N's-UE•E"UTNE YjIN -. ;fir ':=1: ,R EXCLUDED? L_ ' ❑clatory in NHl dower,. er,. older :,PTION OFOPERATIONS bu:cry N I A 16WEOY1090 04/01/2016 .)4/01I2C17 - -. .-ritt,e BCCP.-45002275-20 04/01/2016 •)4/0112c17 .:l 9'TION OF OPERATIONS 1 LOCATIONS J VEHICLES (ACORD 101, AtddItIonal Remarks Schedule, may be attached IF mere qpa<e Is re quir• '1 days notice of cancellation will be given, except in the event of non- •',Incnt of premium, 10 days DNOC will be sent. '.r/li:'L E CERTIFICATE FOR PROOF OF COVERAGE. :f2TIFICATE BOLDER Locator Services, Inc. DBA Able Patrol & Guar r 46'16 Mission Gorge Place San Diego, CA 92120 LOCATOR CANCELLATION t '4AMt_D ABOVE FOR THE POLICY PERIOD JCU WVENT W:TH RESPECT TO WHICH THIS HEFIEIN IS SUBJECT TO ALL THE TERMS, LIMITS E.,' CI' CCCUr,',7'.CE ; $ 1,000,000 J:.Ea•ES {Ea occur,. :' 1 $ 100,0J0 A..J liXP (Any el:: Nrcon, i $ 5,000 .-fv.:011AL & ADV I.:.. IRY 1 $ 1,000,000 3'.:i1ER.iLAGGREGATE $ 5,000,000 OCUCTS-CJS((1 LTS)PAGG I $ included imp Elen. T$ 1,000,000 '.. YIIlINED Sif::;LE LIMIT I. E a ac cident) $ 30011.YINJUR ;F'rpers,:n) : $ 31:IDEI.YINJUF-e-ace:da'l:); $ $:.OFE'iTYDr A3E. E $ f. `a_c,dentl • $ I=.Cl. OCCUR! . . 1 $ 1,000,00' I,;GF:E'3ATE 1$ 1,000,000 l$ , X !(TATUT L 1 rR ,- 1 E' EACH ; .r : $ 1,000,000 CISEASE=.E;v)PLOY E1 $ 1,000,005 - CISEASE :,L JY 1.41.T I $_ . .. 1,000,000 :r'me Lmt 100,000 nod 5,000 SHOULD ANY OF THE ABo\ E : s ::fZIBED P1 _IC' =S BE CANCELLED BEFORE THE EXPIRATION DATE: Th `2•::iJir, N0'. 4'.,OE DELIVERED IN ACCORDANCE w! H Tid° PI ILII • NROVISt0i . AUTHOr:JZED REPRESE?:TAT VE + �b C4 L •rirDT1 7G on -I` /n'fl The ACORIJ name a 215 of 535 ® 1988-2014 AC Or ) CC)RPOF -.TiON. All rights reservad. -ered manes of ACCRL 216 of 535 " , CERTIFICATE OF LIABILITY INSURANCE DATE TE(MW201�5 THIS;?1-ICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CE +"S.: DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELL ''. f§ CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING 1NSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER BOB SEELOS, AGENT STATE FARM INSURANCE 5034 BONITA ROAD, SUITE D BONITA, CA 91902 ateCT BOB SEELOS PHONE No Ext) 619 475-5300 FAX No): 619 475-5483 INCI�-MAIL ADDREss: bob.seelos.c4by@statefarm.com Jib • t PRODUCER CUSTOMER ID #: INSURER(S) AFFORDING COVERAGE NAIC# INSURED ABLE PATROL AND GUARD SERVICES, INC. 4616 MISSION GORGE PLACE SAN DIEGO, CA 92120-4133 INSURER A : State Farm Mutual Automobile Insurance Company 25178 INSURER 8: INSURER C: INSURERD: INSURERE: INSURER F : CERTIFICATE NUMBER: REVISION NUM THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE ADDL NSR SWVD POLICY NUMBER JMUBR MIDDY Y/YYYY)_(EFF MMIDD/YYYY)_ LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY NOT COVERED BY STATE FARM INSURANCE EACH OCCURRENCE $ DAMAGE TO PREMISES ( commence) ocE� nce) $ CLAIMS -MADE OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT POLICY _ PRO JECT APPLIES PER: —� PRODUCTS - COMP/OP AGG $ 7 LOC $ A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS R17-2599-F11-55D 220 0346-A14-55A 07/14/2015 07/14/2016 COMBINED aB ) SINGLE LIMIT $ 1,000,000 X Y Y BODILY INJURY (Per person) $ X BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ X X $ $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DEDUCTIBLE RETENTION $ $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under CPFCIAI PROVISIONS hvinw Y / N N / A NOT COVERED BY STATE FARM INSURANCE TORS LIMITSOTH- ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) IT IS AGREED THAT THE CITY OF NATIONAL CITY, ITS ELECTED OFFICIALS, OFFICERS, AGENTS AND EMPLOYEES ARE INCLUDED AS ADDITIONAL INSUREDS AS RESPECTS TO GENERAL LIABILITY AND AUTO LIABILITY WHERE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT. CERTIFICATE HOLDER CANCELLATION CITY OF NATIONAL CITY NATIONAL CITY PUBLIC LIBRARY 1401 NATIONAL CITY BLVD NATIONAL CITY, CA 91950 ACORD 25 (2009/09) SHOULD ANY OF THE ABOVE • RIBE' •LICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, 1 WIIa DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIV BOB SEELOS, AGENT © 1988-20 ''. • RD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 1001486 132849.4 02-11-2010 217 of 535 218 of 535 ® CERTIFICATE OF LIABILITY INSURANCE DATE (MMIzD 5 `) THIS il ICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CE `ram: r-' DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BEL • ' ( CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER BOB SEELOS, AGENT STATE FARM INSURANCE 5034 BONITA ROAD, SUITE D BONITA, CA 91902 CONTACT BOB SEELOS NAME: PHONE/(o Extl: 619 475 5300 , FAX No): 619 475-5483 L boblos.c4b statefarm.com E-MAIESS: .seeY@ ADDR 4tlit PRODUCER CUSTOMER ID 0: INSURER(S) AFFORDING COVERAGE NAICt1 INSURED ABLE PATROL AND GUARD SERVICES, I N C 4616 MISSION GORGE PLACE SAN DIEGO, CA 92120-4133 INSURER A : State Farm Mutual Automobile Insurance Company 25178 INSURERB: INSURER C : INSURER D: INSURERE: INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBE THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILjR TYPE OF INSURANCE NSR WVD POLICY NUMBER JMM;DDYE/Y FYYY)(MMJDD/YLICY YYY) LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY NOT COVERED BY STATE FARM INSURANCE EACH OCCURRENCE $ DAMAGE TO RENTED PREMISES (Ea occurrence) $ CLAIMS -MADE OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ PRO- POLICY JECT JEC LOC $ A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS R17-2599-F11-55D 220 0346-A14-55A 07/14/2015 07/14/2016 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 X Y Y BODILY INJURY (Per person) $ X BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ X X $ $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DEDUCTIBLE RETENTION $ $ $ WORKERS COMPENSATION ANDEMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under RPFCIAI PROVISIONS helnw Y / N N!A NOT COVERED BY STATE FARM INSURANCE WC STATU- OTH- TORY LIMITS ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) IT IS AGREED THAT THE CITY OF NATIONAL CITY, ITS ELECTED OFFICIALS, OFF CERS, AGENTS AND EMPLOYEES ARE INCLUDED AS ADDITIONAL INSUREDS AS RESPECTS TO GENERAL LIABILITY AND AUTO LIABILITY WHERE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT. CERTIFICATE HOLDER CANCELLATION CITY OF NATIONAL CITY NATIONAL CITY PUBLIC LIBRARY 1401 NATIONAL CITY BLVD NATIONAL CITY, CA 91950 SHOULD ANY OF THE ABOVE ' - RIBE' SLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, 1 W pp DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIV BOB SEELOS, AGENT ©1988- 20 RD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD 1001486 132849.4 02-11-2010 219 of 535 220 of 535 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT T - CALItrORMI Policy Number 16 WE 0Y1090 Endorsement Number: Effective Date: 04/01/15 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: LOCATOR SERVICES, INC 4616 MISSION GORGE PL SAN DIEGO, CA 92120 We have the right to recover our payments from anyone liable for an Injury covered by this policy. We will not enforce our right against the person or organization named In the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be premium otherwise due on such remuneration. SCHEDULE 2 % of the California workers' compensation Person or Organization Job Description ANY PERSON OR ORGANIZATION FROM WHOM YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER OF RIGHTS FROM US, Countersigned by Form WC 04 03 06 (1) Printed In U.S.A. Process Date: 04/07/15 BLANKET Authorized Representative Policy Expiration Date: 04/01/16 221 of 535 222 of 535 RESOLUTION NO. 2016 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE THE SECOND AMENDMENT TO THE AGREEMENT WITH LOCATOR SERVICES, INC., DBA ABLE PATROL AND GUARD TO EXTEND THE TERM FOR ONE YEAR, EXPIRING ON JUNE 30, 2017, FOR THE NOT TO EXCEED AMOUNT OF $40,000 TO PROVIDE SECURITY GUARD SERVICES FOR THE NATIONAL CITY PUBLIC LIBRARY, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE TWO (2) REMAINING ONE-YEAR TERM AMENDMENTS WHEREAS, on March 17, 2015, the City entered into an Agreement with Locator Services, Inc., dba Able Patrol and Guard to provide security guard services for the National City Public Library for a period of 15 weeks through June 30, 2015 for the not to exceed amount of $6,188.90; and WHEREAS, the Agreement allows for renewal of the Agreement for four (4) additional one-year terms, which is contingent upon mutual agreement between the parties; and WHEREAS, on June 21, 2015, the Parties entered into a First Amendment to the Agreement in the amount of $40,000 to extend the term of the Agreement for one year, expiring June 30, 2016, for a total not to exceed amount of $46,188.90; and WHEREAS, the Parties desire to enter into a Second Amendment to the Agreement to extend the term of the Agreement for an additional one-year term, expiring June 30, 2017 for the not to exceed amount of $40,000, for a total not -to -exceed amount of $86,188.90; and WHEREAS, staff requests that the City Manager be authorized to exercise and execute the two (2) remaining one-year renewals under the Agreement. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute the Second Amendment to the Agreement with Locator Services, Inc., dba Able Patrol and Guard to extend the term of the Agreement for an additional one-year term, expiring June 30, 2017, for the not to exceed amount of $40,000, for a total not -to -exceed amount of $86,188.90 to provide security guard services for the National City Public Library. BE IT FURTHER RESOLVED that the City Council hereby authorizes the City Manager to exercise and execute the two (2) remaining one-year term amendments under the Agreement. PASSED and ADOPTED this 21st day of June, 2016. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva City Attorney 223 of 535 CC/CDC-HA Agenda 6/21/2016 — Page 224 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City: 1) accepting the work of EC Constructors, Inc. for the National City Aquatic Center Project, Specification No. 13-04; 2) approving the final contract amount of $3,716,557.64; 3) ratifying releas 224 of 535 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 21, 2016 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City: 1) accepting the work of EC Constructors, inc. for the National City Aquatic Center Project, Specification No. 13-04; 2) approving the final contract amount of $3,716,557.64; 3) ratifying release of retention in the amount of $180,754.04; and 4) ratifying the filing of the Notice of Completion for the project. PREPARED BY: Stephen Manganiello PHONE: 619-336-4382 EXPLANATION: See attached. DEPARTMENT: Engineering & Public Works APPROVED BY: 4() FINANCIAL STATEMENT: ACCOUNT ! Retention was paid through prior City Council appropriations. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt Resolution BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1 Explanation 2. Notice of Completion 3. Final Contract Balance 4. Resoiution 225 of 535 EXPLANATION The National City Aquatic Center Project, Specification No. 13-04, included construction of an approximately 4,700 square foot Aquatic Center adjacent to Pepper Park and Pier 32 Marina. The facility includes two multi -purpose classrooms that can be opened as one larger room; storefront/office space; locker rooms with showers and restrooms; boat and equipment storage; decorative lighting, landscaping and public art. In July, 2013, the bid solicitation was advertised in local newspapers and posted on the City's website. On August 20, 2013, eleven (11) sealed bids were received by the 11:00 a.m. deadline, opened and publically disclosed. Precise Construction Management was the apparent low bidder with a total bid amount of $3,170,000.00. However, due to a clerical error, Precise Construction Management withdrew their bid. Watkins Landmark Construction was the second apparent low bidder with a total bid amount of $3,445,950.00. However, their bid was deemed "non -responsive". EC Constructors, Inc. was the third apparent low bidder with a total bid amount of $3,524,896.00. Upon review of all documents submitted and reference checks, EC Constructors' bid was responsive, and they were the lowest responsible bidder qualified to perform the work as described in the project specifications. On September 17, 2013, the City Council adopted Resolution No. 2013-137 awarding the contract to EC Constructors, Inc. in the amount of $3,524,896.00 and authorized a 15% contingency in the amount of $528,734.40 for any unforeseen changes. The Notice to Proceed with construction was issued on October 9, 2013, with a project completion date of October 27, 2014. Due to project delays, the actual date of completion was March 1, 2016. The Notice of Completion was signed by the Mayor on March 8, 2016 and subsequently filed with the San Diego County Recorder's Office. The change orders issued for this project are detailed in the Final Contract Balance Report (see attached). The change orders increased the contract by $191,661.64 (5.4%) for a final contract balance of $3,716,557.64. As a result of satisfactory completion of the project, staff recommends the following City Council actions: 1) accept the work of EC Constructors, Inc. for the National City Aquatic Center Project, Specification No. 13-04; 2) approve the final contract amount of $3,716,557.64; 3) ratify release of retention in the amount of $180,754.04; and 4) ratify the filing of the Notice of Completion for the project. 226 of 535 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: NAME: CITY OF NATIONAL CITY ADDRESS: 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950 NOTICE OF COMPLETION CALIFORNIA CIVIL CODE SECTION 3093 NOTICE IS HEREBY GIVEN of the completion on March 1, 2016 of the National City Aquatic Center Project. Specification No. 13-04 Work of improvement or portion of work of improvement under construction or alteration. 3300 Goesno Place, National City, CA 91950 Street Address City State Zip Code The undersigned ow.ns the following interest or estate in said property: Lease Hold Nature of the interest: or estate of owner (mortgagor, lessee, etc.) Said work of improvement was performed on the property pursuant to a contract with: EC Constructors, Inc. Name of Original Contractor The following work and material were supplied: Labor provided: General Laborer. Materials: Concrete, masonry, steel, wood framing, carpentry. stucco, roofing, storefront, restroom and locker room improvements, painting, plumbing, electrical, mechanical, irrigation, landscaping, lighting, signing, striping. General statement of kind of labor, services, equipment or materials The narnes and addresses of co -owners are: NIA 'Print tenants, tenants in common, or other owners Dated: March 8, 2016; Signature of Owner — Mayor Ron Morrison City of National City, 1243 National City BIvd., National City, CA 91950 1, the undersigned, say: I have read the foregoing Notice of Completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the forgoing is true and correct. Executed on March 8, 2016 at National City, California. • Signature: / _ RON MORRISON, MAYOR Noc09{S 227 of 535 ,x. 'C,AL!;F.Q RCN I A, I Lc rNCORPOrR t) FINAL CONTRACT BALANCE DATE: March 30, 2016 PROJECT: National City Aquatic Center, Specification No. 13-04 TO: ORIGINAL CONTRACT AMOUNT: START DATE: COMPLETION DATE: ORIGINAL CONTRACT LENGTH: EXTENTION OF WORK DAYS: TOTAL CONTRACT TIME: FINAL CONTRACT AMOUNT: DESCRIPTION: $ 3,524,896.00 October 9, 2013 March 1, 2016 260 Working Days 332 Working Days 592 Working Days $3,716,557.64 The Final Contract Balance reports final line item amounts and summarizes all change orders to produce a final contract amount. CHANGE ORDERS AND LINE ITEM ADJUSTMENTS: Change Order #1 provided for surveying needed to define the utility easement for gas and electric service to the project. This Change Order total amount is $ 5,087.00. Change Order #2 was issued due to re -permitting of the project plans to bring them to current building code. The update resulted in revisions to structural steel, rebar, concrete, anchor bolts and related details. This Change Order total amount was $ 27,609.59. Change Order #3 authorized the contractor to perform additional work to remove the sidewalk adjoining the dock landing due to increased concrete thickness and foundations that were not anticipated during bid. This Change Order total amount was $ 12,010.31. Change Order #4 addressed the removal and replacement of an unknown electrical service to the dock, provided for additional backfill and mulch above the irrigation system and provided for slurry backfill around electrical conduits. This Change Order total amount was $ 25,830.17. Changer Order #5 provided for the cost difference in light fixtures due to a bid allowance. The owner requested temporary banners due to the mariachi festival and the Port District requested a new domestic water service to serve the dock. This Change Order total amount was $ 16,742.01. 228 of 535 FINAL CONTRACT BALANCE National City Aquatic Center Specification No. 13-04 Change Order #6 provided for a new light pole foundation as the existing foundation was unsuitable. The City also required wheel stops to be added to the handicap parking spaces. This Change Order total amount is $ 2,158.39. Change Order#7 directed the Contractor to provide and install additional landscaping as directed by the design team. This Change Order total amount was $ 1,120.35. Change Order #8 directed the contractor to provide additional metal flashing to attach the acoustical ceiling to the framing in the supervisors' office. This change order also deleted the requirement to replace the fire hydrant on site and accepted a cost credit therefore. This Change Order total amount was $-830.61. Change Order #9 was issued to accommodate a change to th base plate covers of the locker room benches. This Change Order total amount was $ 456.36. Change Order #10 was issued as a result of settlement negotiations. There were numerous change order requests received during construction that initially were not agreed upon. As a final settlement, the City agreed to pay for several of the prior change requests. This Change Order total amount was $101,478.07. CONTRACT ADJUSTMENT: As a result of the above change orders, the contract price is adjusted as follows: 1. The final contract price is adjusted to $ 3,716,557.64 2. As a result of the satisfactory completion of said project, a retention amount of $ 180,754.04 is set for invoice processing and payment upon the receipt of signatures and City Council's ratification of this agreement and the Notice of Completion. This document and its purpose to balance payment shall be considered full compensation for furnishing and installing the materials, labor, tools and equipment, profit, overhead, and all incidentals for performing the work described above. EC Constructors will not be entitled to damages or additional payment for delays as described in the 2012 edition of the Standard Specifications for Public Works Construction, Section 6-6.3, for performing the work as described above. 229 of 535 RESOLUTION NO. 2016 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE WORK OF EC CONSTRUCTORS, INC., FOR THE NATIONAL CITY AQUATIC CENTER PROJECT, APPROVING THE FINAL CONTRACT AMOUNT OF $3,716,557.64, RATIFYING RELEASE OF RETENTION IN THE AMOUNT OF $180,754.04, AND RATIFYING THE FILING OF THE NOTICE OF COMPLETION FOR THE PROJECT WHEREAS, the Engineering Department is satisfied that all work required to be performed by EC Constructors, Inc., for the National City Aquatic Center Project has been completed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the work performed EC Constructors, Inc., for the National City Aquatic Center Project is accepted, the total final contract amount of $3,716,557.64 is approved, and payment for said work is ordered to be made in accordance with said contract BE IT FURTHER RESOLVED by the City Council that the Notice of Completion, executed by the Mayor on March 8, 2016, and the release of the retention in the amount of $43,639.93 is ratified. PASSED and ADOPTED this 21st day of June, 2016. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor 230 of 535 CC/CDC-HA Agenda 6/21/2016 — Page 231 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing, 1) the Mayor to execute Master Agreement Administering Agency -State Agreement for Federal -Aid Projects No. 11- 5066F15 with the State of California Department of Transportation (Caltr 231 of 535 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 21, 2016 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing, 1) the Mayor to execute Master Agreement Administering Agency -State Agreement for Federal -Aid Projects No. 11-5066F15 with the State of California Department of Transportation (Caltrans) to incorporate various changes in Federal regulations and polices; 2) the Mayor to execute Program Supplement Agreement No. F011 with Caltrans for the El Toyon-Las Palmas Bicycle Corridor Project to allow for reimbursement of up to $50,000 in eligible project expenditures for preliminary engineering through the Federal Active Transportation Program (ATP), and; 3) the appropriation of $50,000 for the project. PREPARED BY: Stephen Manganiello PHONE: (619) 336-4382 EXPLANATION: See attached. FINANCIAL STATEMENT: ACCOUNT Revenue Account No. 296-06579-3463 Expenditure Account No. 296-409-500-598-6579 (El Toyon-Las Palmas Bicycle Corridor) LNIVIRONMENTAL N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution BOARD 1 COMMISSION RECOMMENDATION: N/A ATTACHMENTS. 1. Explanation 2. Master Agreement Administering Agency -State Agreement for Federal -Aid Projects 3. Program Supplemental Agreement 4. Resolution DEPA► i ME Engineering & Public Works APPROVED BY: 4(2 APPROVED / Finance APPROVED: MIS 232 of 535 Explanation On December 10, 2014, the California Department of Transportation (Ca{trans) awarded a $375,000 Federal Active Transportation Program (ATP) grant to National City for the El Toyon-Las Palmas Bicycle Corridor Project. The State has allocated $50,000 for the Project Approval and Environmental Documents (PA&ED) phase. On February 10, 2016, Caltrans issued an Authorization to Proceed to the City for the PA&ED phase, establishing the date for eligible reimbursement. The remaining balance, which will be used for final design and engineering, will be available pending completion of the PA&ED phase. Staff is pursuing grant opportunities to fund project construction. There is no local match requirement. The project includes construction of a new bicycle corridor parallel to the east side of I- 805 connecting El Toyon Park and Las Palmas Park. Improvements include Class III bike route pavement markings (sharrows) and signage; pedestrian curb ramps for ADA compliance; traffic calming measures such as pedestrian refuge islands, corner bulb - outs and pedestrian actuated flashing crosswalk signs; and storm water treatment infiltration areas. Staff recommends the following City Council actions to allow tor reimbursement of eligible project expenditures through the Federal ATP: 1) authorize the Mayor to execute Master Agreement Administering Agency -State Agreement for Federal -Aid Projects No. 11-5066F15 with Caltrans; 2) authorize the Mayor to execute Program Supplement Agreement No. F011 with Caltrans for the El Toyon-Las Palmas Bicycle Corridor Project, and; 3) authorize the appropriation of $50,000 for the project. 233 of 535 5€5 Jo 17C kk4I Class II Bike Lane 4th Street, National City• r Division St, ATP Cycle I Project,,` .. , (Construction 2016/20171 1 s=' • zee. - Class III Bike Re:tte 4th Street, Nation -rill CO 4tn Street Community Corridor - Existing Crossing 4th St & T Ave, National City • "tm 'edestrran Act'juted LED Sign Na°ioral City Blvd, Bicycle Boxes D Ave & 18th St, National City Las PaIrnas Par': LLEGEND F.XIISTING BIKE CORRIDOR Class II - Bikelane --- = Class fll - Bike Route PROPOSED BIKE CORRIDOR - Class 11,111- Regional Bike Boulevard 400. Connection tp Regional Bicycle Network Mis on valley- Chula CITY Vista BikeWay) i 7sv Future Class I, II, orlll Bikeway` Future Pedestrian Path' Sidewalk Gap REGIONAL Future BRT Station - SBBRT (2030) Bus Stop Future Class II or Class III Bikeway Note: Bicycle Loop Detectors to be installed at all signalized intersections * Refer to Bicycle Master Plan gEi;d6tfitm �` - __ • y Project Improvement Map at-oraet tivh School r .;,rn`•. A.-r' Curb Ext2rtsfibt53 .:; )(Southwest Corner) JI ts. Pcigr..: tl E'amrr110!v r! EL Yo o - Lays Po4.0444 Regional., &c yaz 83ouI.e ireto oG STATE OF CALIFORNIA - CALIFORNIA STATE TRANSPORTATION AGENCY EDMUND G. BROWN Jr., Governor DEPARTMENT OF TRANSPORTATION Division of Local Assistance 1120 N STREET P.Q. BOX 942874, MS# 1 Sacramento, CA 94274-0001 TTY 711 (916) 654-3883 Fax (916) 654-2408 May 13, 2016 Mr. Stephen Manganiello Director of Public Works City of National City 1243 National City Boulevard National City, CA 91950-4301 Dear Mr. Manganiello: File : 11-SD-0-NATC ATPL-5066(032) 1.75 mile El Toyon-Las Palmas Bicycle Corridor in National City Enclosed are two originals for both the Administering Agency -State Agreement No. 11-5066F15, Program Supplement Agreement No. 011-F and an approved Finance Letter for the subject project. Please retain the signed Finance Letter for your records. The Master Agreement has been revised to incorporate the various changes in regulations and policies. Please sign both copies of these two Agreements and return them to this office, Office of Local Assistance - MS1 within 90 days from receipt of this letter. If the signed Agreements are not received back in this office within 90 days, funds will be disencumbered and/or deobligated. Alterations should not be made to the agreement language or funding. ATTACH YOUR LOCAL AGENCY'S CERTIFIED AUTHORIZING RESOLUTION THAT CLEARLY IDENTIFIES THE PROJECT AND THE OFFICIAL AUTHORIZED TO EXECUTE THE AGREEMENT. A fully executed copy of the agreements will be returned to you upon ratification by Caltrans. No invoices for reimbursernent can be processed until the agreements are fully executed. The State budget authority supporting the encumbered funds is only available for liquidation up to specific deadlines. These deadlines are shown on the attached Finance Letter as the "Reversion Date". Please ensure that your invoices are submitted at !east 60 days prior to the reversion date to avoid any lapse of funds. If your agency is unable to seek reimbursement by this date you may request an extension through a Cooperative Work Agreement (CWA). A CWA is subject to final approval of the State Department of Finance. If approved, the CWA may extend the deadline for up to two years. Your prompt action is requested. If you have questions, please contact your District Local Assistance Engineer. Sincerelyat? 4(4 JOHN HOOLE, Chief Office of Project Implementation South Division of Local Assistance Enclosure c: DLA AE Project Files (11) DLAE - Erwin Gojuangc 113 -13NJLL I ID 'id OMd 9N3 235 of 535 DEPARTMENT OF TRANSPORTATION DIVISION OF ACCOUNTING LOCAL PROGRAM ACCOUNTING BRANCH Attention: City of National City FINANCE LETTER Date: D_CO RT: Project No: Adv Project id: Period of Performance End Date: Agreement End Date: 05/11/2016 11-SD-0-NATC ATPL-5066(032) 1116000034 12/31/2017 09/30/2019 FINANCE ITEMS PRO RATA OR TOTAL COST OF FEDERAL PART. FED. REIMB % FEDERAL Agency Preliminary Eigineeringl - PA/ED Fed. Partic: 100.00% 9c9 Jo 99Z Totals: LUMP SUM Lump Sum WORK COST 111M1111-- $50,00o.o0 $50,000.0cl 100.00% f_ som000.o07 sso,doo.oa o.00% $so,aoo.oq M3E2 LOCAL EA No: This Finance Letter was created based on specific financial information provided by the responsible local agency. The following encumbrance history is prepay by)ocal Assistance AccountiniOffice and is provided here for local agency's information and action. Signature: Title: HQ Sr. Area Engineer larks: RFA (PA/ED).with TC. Fed $44,265 + TC $5,735. ADV. PROJECT ID APPROP. UNIT STATE PROG. FED/STATE 1116000034 16108F 2030720100 F ACCOUNTING INFORMATION ENCUMBRANCE APPROP AMOUNT YEAR $50,000.00 I 1516 EXPENDITURE AMOUNT For questions regarding finance letter, contact: Printed Name : Nahed Abdin Telephone No: 916-653-7928 ATPL-5066(032) ENCUMBRANCE BALANCE REVERSION DATE Cooperative Work Agreement APPROVED AMOUNT EXPIRATION DATE $0.00 $50,000.00 I 06/30/21 Page 1 of 1 iVii- i t=P'C Hl7i1Gf= i'vi�i�i i ADMINISTERING AGENCY -STATE AGREEMENT FOR FEDE vA` A D PRO !ECTS 11 City of National City District Administering Agency Agreement No. 11-5066F15 This AGREEMENT, is entered into effective this day of , 20 , by and between City of National City, hereinafter referred to as "ADMINISTERING AGENCY," and the State of California, acting by and through its Department of Transportation (Caltrans), hereinafter referred to asi"STATE", and together referred to as "PARTIES" or individually as a "PARTY." RECITALS: 1. WHEREAS, the Congress of the United States has enacted the Intermodal Surface Transportation Efficiency Act (ISTEA) of 1991 and subsequent Transportation Authorization Sills to fund transportation programs; and 2. WHEREAS, the Legislature of the State of California has enacted legislation by which certain federal -aid funds may be made available for use on local transportation related projects of public entities qualified to act as recipients of these federal -aid funds in accordance with the intent of federal law; and 3. WHEREAS, before federal funds will be made available for a specific program project, ADMINISTERING AGENCY and STATE are required to enter into an agreement to establish terms and conditions applicable to the ADMINISTERING AGENCY when receiving federal funds for a designated PROJECT facility and to the subsequent operation and maintenance of that completed facility. NOW, THEREFORE, the PARTIES agree as follows: Page 1 of 26 237 of 535 ARTICLE I - PROJECT ADMINISTRATION 1. This AGREEMENT shall have no force or effect with respect to any program project unless and until a project -specific "Authorization/Agreement Summary", herein referred to. as "E-76" document, is approved by STATE and the Federal Highway Administration (FHWA). 2. The term "PROJECT", as used herein, means that authorized transportation related project and related activities financed in part with federal -aid funds as more fully -described in an "Authorization/ Agreement Summary" or "Amendment/Modification Summary", herein referred to as "E-76" or "E-76 (AMOD)" document authorized by STATE and the Federal Highway Administration (FHWA). 3. The E-76/E-76 (AMOD) shall designate the party responsible for implementing PROJECT, type of work and location of PROJECT. 4. The PROGRAM SUPPLEMENT sets out ; special covenants as a condition for the ADMINISTERING AGENCY to receive federal -aid funds from/through STATE for designated PROJECT. The PROGRAM SUPPLEMENT shall also show these federal funds that have been initially encumbered for PROJECT along with the matching funds to be provided by ADMINISTERING AGENCY and/or others. Execution of PROGRAM SUPPLEMENT by the PARTIES shall cause ADMINISTERING AGENCY to adopt all of the terms of this AGREEMENT as though fully set forth therein in the PROGRAM SUPPLEMENT. Unless otherwise expressly delegated in a resolution by the governing body of ADMINISTERING AGENCY, and with written concurrence by STATE, the PROGRAM SUPPLEMENT shall be approved and managed by the governing body of ADMINISTERING AGENCY. 5. ADMINISTERING AGENCY agrees to execute and return each project -specific PROGRAM SUPPLEMENT within ninety (90) days of receipt. The PARTIES agree that STATE may suspend future authorizations/obligations and invoice payments for any on -going or future federal -aid project performed by ADMINISTERING AGENCY if any project -specific PROGRAM SUPPLEMENT is not returned within that ninety (90) day period unless otherwise agreed by STATE in writing. 6. ADMINISTERING AGENCY further agrees, as a condition to the release and payment of federal funds encumbered for the PROJECT described in each PROGRAM SUPPLEMENT, to comply with the terms and conditions of this AGREEMENT and all of the agreed -upon Special Covenants or Remarks incorporated within the PROGRAM SUPPLEMENT, and Cooperative/Contribution Agreement where appropriate, defining and identifying the nature of the specific PROJECT. 7. Federal, state and matching funds will not participate in PROJECT work performed in advance of the approval of the E-76 or E-76 (AMOD), unless otherwise stated in the executed project - specific PROGRAM SUPPLEMENT. ADMINISTERING AGENCY agrees that it will only proceed with the work authorized for that specific phase(s) on the project -specific .E-76 or E-76 (AMOD). ADMINISTERING AGENCY further agrees to not proceed with future phases of PROJECT prior to receiving an E-76 (AMOD) from STATE for that phase(s) unless no further federal funds are needed or for those future phase(s). Page 2 of 26 238 of 535 8. That PROJCL i or poi -Lions ifl f U1, illUSi Lib ilii:iLAtiotl Ili i UUrLieiuiiy .A4..4;'vru:: Transportation Improvement Program (FST1P) prior to ADMINISTERING AGENCY submitting the "Request IUI Authorization". IUI ILQUoI I1 9. ADMINISTERING AGENCY shall conform to all state statutes, •regulations and procedures (including those set forth in the Local Assistance Procedures Manual and the Local Assistance Program Guidelines, hereafter collectively referred to as "LOCAL ASSISTANCE PROCEDURES") relating to the federal -aid program, all Title 23 Code of Federal Regulation (CFR) and 2 CFR part 200 federal requirements, and all applicable federal laws, regulations, and policy and procedural or instructional memoranda, unless otherwise specifically waived as designated in the executed project -specific PROGRAM SUPPLEMENT. 10. If PROJECT is not on STATE -owned right of way, PROJECT shall be constructed in accordance with LOCAL ASSISTANCE PROCEDURES that describes minimum statewide design standards for local agency streets and roads. LOCAL ASSISTANCE PROCEDURES for projects off the National Highway System (NHS) allow STATE to accept either the STATE's minimum statewide design standards or the approved geometric design standards of ADMINISTERING AGENCY. Additionally, for projects off the NHS, STATE will accept ADMINISTERING AGENCY - approved standard specifications, standard plans, materials sampling and testing quality assurance programs that meet the conditions described in the then current LOCAL ASSISTANCE PROCEDURES. 11. If PROJECT involves work within or partially within STATE -owned right-of-way, that PROJECT shall also be subject to compliance with the policies, procedures and standards of the STATE Project Development Procedures Manual and Highway Design Manual and, where appropriate, an executed Cooperative Agreement between STATE and ADMINISTERING AGENCY that outlines the PROJECT responsibilities and respective obligations of the PARTIES. ADMINISTERING AGENCY and its contractors shall each obtain an encroachment permit through STATE prior to commencing any work within STATE rights of way or work which affects STATE facilities. 12. When PROJECT is not on the State Highway System but includes work to be performed by a railroad, the contract for such work shall be prepared by ADMINISTERING AGENCY or by STATE, as the PARTIES may hereafter agree. In either event, ADMINISTERING AGENCY shall enter into an agreement with the railroad providing for future maintenance of protective devices or other facilities installed under the contract. 13. If PROJECT is using STATE funds, the Department of General Services, Division of the State Architect, or its designee, shall review the contract PS&E for the construction of buildings, structures, sidewalks, curbs and related facilities for accessibility and usability. ADMINISTERING AGENCY shall not award a PROJECT construction contract for these types of improvements until the State Architect has issued written approval stating that the PROJECT plans and specifications comply with the provisions of sections 4450 and 4454 of the California Government Code, if applicable. Further requirements and guidance are provided in Title 24 of the California Code of Regulations. 14. ADMINISTERING AGENCY will advertise, award and administer PROJECT in accordance. with the current LOCAL ASSISTANCE PROCEDURES unless otherwise stated in the executed project -specific PROGRAM SUPPLEMENT. I Page 3 of 26 239 of 535 ofiiwii of each PROJECT. While consultants may perform supervision and inspection work for PROJECT with a ferilly �i�aiifiarl anr{ lironeari anrinapr, AnMIN1,STFRINh A(+FNC'_Y shall prnviria a fiiH-time employee to be in responsible charge of each PROJECT who is not a consultant. 16. ADMINISTERING AGENCY shall submit PROJECT -specific contract award documents to STATE's District Local Assistance Engineer within sixty (60) days after contract award. A copy of the award documents shall also be included with the submittal of the first invoice for a construction contract by ADMINISTERING AGENCY. 17. ADMINISTERING AGENCY shall submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure by ADMINISTERING AGENCY to submit a "Report of Expenditures" within one hundred eighty (180) days of project completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance,with the current LOCAL ASSISTANCE PROCEDURES. 18. ADMINISTERING AENCY shall comply with: (i) section 504 of the Rehabilitation Act of 1973 which prohibits discrimination on the basis of disability in federally assisted programs; (ii) the Americans with Disabilities Act (ADA) of 1990 which prohibits discrimination on the basis of disability irrespective of funding; and (iii) all applicable regulations and guidelines issued pursuant to both the Rehabilitation Act and the ADA. 19. The Congress of the United States, the Legislature of the State of California and the Governor of the State of California, each within their respective jurisdictions, have prescribed certain nondiscrimination requirements with respect to contract and other work financed with public funds. ADMINISTERING AGENCY agrees to comply with the requirements of the FAIR EMPLOYMENT PRACTICES ADDENDUM (Exhibit A. attached hereto) and the NONDISCRIMINATION ASSURANCES (Exhibit B attached hereto). ADMINISTERING AGENCY further agrees that any agreement entered into by ADMINISTERING AGENCY. with a third party for performance of PROJECT -related work shall incorporate Exhibits A and B (with third party's name replacing ADMINISTERING AGENCY) as essential parts of such agreement to be enforced by that third party as verified by ADMINISTERING AGENCY. Page 4 of 26 240 of 535 lit i i�.Li= ii ^ itiii�I i � a� of v t No contract for the tr. ction of n factor. l a1d bDC\ IGC`T shall he • warded until flit nnrnnee�n� 1 . 1 u l,.lJ] ILI Ci I.L Ii.JI the construction uI..0 JI I ►JI P I�iafrii gl`q=►.1 f I wui-v 1 shall be u rr ui aaa,.a.+ u� ia„ u•. l rights of way have been secured. Prior to the advertising for construction of PROJECT, ADMINISTERING AGENCY shall certify and, upon request shall -furnish STATE with evidence that all necessary rights of way are available for construction purposes or will be available by the time of award of the construction contract. 2. ADMINISTERING AGENCY agrees to indemnify and hold STATE harmless from any liability that may result in the event the right of way for a PROJECT, including, but not limited to, being clear as certified or if said right of way is found to contain hazardous materials requiring treatment or removal to remediate in accordance with Federal and State laws. The furnishing of right of way as provided for herein includes, in addition to all real property required for the PROJECT, title free and clear of obstructions and encumbrances affecting PROJECT and the payment, as required by applicable law, of relocation costs and damages to remainder real property not actually taken but injuriously affected by PROJECT. ADMINISTERING AGENCY shall pay, from its own non - matching funds, any costs which arise out of delays to the construction of PROJECT because utility facilities have not been timely removed or relocated, or because rights of way were not available to ADMINISTERING AGENCY for the orderly prosecution of PROJECT work. 3. Subject to STATE approval and such supervision as is required by LOCAL ASSISTANCE PROCEDURES over ADMINISTERING AGENCY's right of way acquisition procedures, ADMINISTERING AGENCY may claim reimbursement from federal funds for expenditures incurred in purchasing only the necessary rights of way needed for the PROJECT after crediting PROJECT with the fair market value of any excess property retained and not disposed of by ADMINISTERING AGENCY. 4. When real property rights are to be acquired by ADMINISTERING AGENCY for a PROJECT, said ADMINISTERING AGENCY must carry out that acquisition in compliance with all applicable State and Federal laws and regulations, in accordance with State procedures as published in State's current LOCAL ASSISTANCE PROCEDURES and STATE's Right -of -Way Manual, subject to STATE oversight to ensure that the completed work is acceptable under the Federal Uniform Reiocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. 5. Whether or not federal -aid is to be requested for right of way, should ADMINISTERING AGENCY, in acquiring right of way for PROJECT, displace an individual, family, business, farm operation; or non-profit organization, relocation payments and services will be provided as set forth in 49 CFR, Part 24. The public will be adequately informed of the relocation payments and services which will be available, and, to the greatest extent practicable, no person lawfully occupying real property shall be required to move from his/her dwelling or to move his/her business or farm operation without at least ninety (90) days written notice from ADMINISTERING AGENCY. ADMINISTERING AGENCY will provide STATE with specific assurances, on each portion of the PROJECT, that no person will be displaced until comparable decent, safe and sanitary replacement housing is available within a reasonable period of time prior to displacement, and that ADMINISTERING AGENCY's relocation program is realistic and adequate to provide orderly, timely and efficient relocation of PROJECT -displaced persons as provided in 49 CFR, Part 24. Page 5 of 26 241 of 535 O. f-kUiViiNib E CKiNt, i , iti°v f' aiiaii, avoiig ;Mai IG►iii uii iiir; eiuoti vl IiiAii iil iivi i .~.v iCaLilt,ii it� li aiv in the name of the ADMINISTERING AGENCY or their assignee, also record an Agreement Declaring Restrictive CVovenauntV( DRr) separate, document inrornnrra-ting the assurances included within Exhibits A and B and Appendices A, B, C and D of this AGREEMENT, as appropriate. Page 6 of 26 242 of 535 ARTICLE III - MAINTENANCE AND MANAGEMENT 1. ADMINISTERING AGENCY will maintain and operate the property acquired, developed, constructed, rehabilitated, or restored by PROJECT for its intended public use until such time as the parties might amend this AGREEMENT to otherwise provide. With the approval of STATE, ADMINISTERING AGENCY or its successors in interest in the PROJECT property may transfer this obligation and responsibility to maintain and operate PROJECT property for that intended public purpose to another public entity. 2. Upon ADMINISTERING AGENCY's acceptance of the completed federal -aid construction contract or upon contractor being relieved of the responsibility for maintaining and. protecting PROJECT, ADMINISTERING AGENCY will be responsible for the maintenance, ownership, liability, and the expense thereof, for PROJECT in a manner satisfactory to the authorized representatives of STATE and FH)NA and if PROJECT falls within the jurisdictional limits of another Agency or Agencies, it is the duty of ADMINISTERING AGENCY to facilitate a separate maintenance agreement(s) between itself and the other jurisdictional Agency or Agencies providing for the operation, maintenance, ownership and liability of PROJECT. Until those agreements are executed, ADMINISTERING AGENCY will be responsible for all PROJECT operations, maintenance, ownership and liability in a manner satisfactory to the authorized representatives of STATE and FHWA. If, within ninety (90) days after receipt of notice from STATE that a PROJECT, or any portion thereof, is not being properly operated and maintained and ADMINISTERING AGENCY has not satisfactorily remedied the conditions complained of, the approval of future federal -aid projects of ADMINISTERING AGENCY will be withheld until the PROJECT shall have been put in a condition of operation and maintenance satisfactory to STATE and FHWA. The provisions of this section shall not apply to a PROJECT that has been vacated through due process of law with STATE's concurrence. 3. PROJECT and its facilities shall be maintained by an adequate and well -trained staff of engineers and/or such other professionals and technicians as PROJECT reasonably requires. Said operations and maintenance staff may be employees of ADMINISTERING AGENCY, another unit of government, or a contractor under agreement with ADMINISTERING AGENCY, All maintenance will be performed at regular intervals or as required for efficient operation of the complete PROJECT improvements. Pae7of 26 243 of 535 ARTICLE IV - FISCAL PROVISIONS 1. All contractual obligations of STATE are subject to the appropriation of resources by the Legislature and the allocation of resources by the California Transportation Commission (CTC). 2. STATE'S financial commitment of federal funds will occur only upon the execution of this AGREEMENT, the authorization of the project -specific E-76 or E-76 (AMOD), the execution of each project -specific PROGRAM SUPPLEMENT, and STATE's approved finance letter. 3. ADMINISTERING AGENCY may submit signed invoices in arrears for reimbursement of participating PROJECT costs on a regular basis once the project -specific PROGRAM SUPPLEMENT has been executed by STATE. 4. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every six (6) months commencing after the funds are encumbered on either the project -specific PROGRAM SUPPLEMENT or through a project -specific finance letter approved by STATE. STATE reserves the right to suspend future authorizations/obligations, and invoice payments for any on -going or future federal -aid project by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six (6) month period. 5. Invoices shall be submitted on ADMINISTERING AGENCY letterhead that includes the address of ADMINISTERING AGENCY and shall be formatted in accordance with LOCAL ASSISTANCE PROCEDURES. 6. ADMINISTERING AGENCY must have at least one copy of supporting backup documentation for costs incurred and claimed for reimbursement by ADMINISTERING AGENCY. ADMINISTERING AGENCY agrees to submit supporting backup documentation with invoices if requested by State. Acceptable backup documentation includes, but is not limited to, agency's progress payment to the contractors, copies of cancelled checks showing amounts made payable to vendors and contractors, and/or a computerized summary of PROJECT costs. 7. Payments to ADMINISTERING AGENCY can only be released by STATE as reimbursement of actual allowable PROJECT costs already incurred and paid for by ADMINISTERING AGENCY. 8. Indirect Cost Allocation Plans/Indirect Cost Rate Proposals °CAP//CRP), Central Service Cost Allocation Plans and related documentation are to be prepared and provided to STATE (Ca!trans Audits & Investigations) for review and approval prior to ADMINISTERING AGENCY seeking reimbursement of indirect costs incurred within each fiscal year being claimed for State and federal reimbursement. 1CAPs/ICRPs must be prepared in accordance with the requirements set forth in 2 CFR, Part 200, Chapter 5 of the Local Assistance Procedural Manual, and the ICAP/ICRP approval procedures established by STATE. 9. Once PROJECT has been awarded, STATE reserves the right to de -obligate any excess federal funds from the construction phase of PROJECT if the contract award amount is less than the obligated amount, as shown on the PROJECT E-76 or E-76 (AMOD). 10. STATE will withhold the greater of either two (2) percent of the total of all federal funds encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING AGENCY submits the Final Report of Expenditures for each completed PROGRAM SUPPLEMENT PROJECT. Page 8 of 26 244 of 535 1 q The estimated total cost of PROJECT the amount of fatdera! ftunds nhligated, and the re.quired I 1 . The IV estimated luaVu total • 1 �".7--- - 1 matching funds may be adjusted by mutual consent of the PARTIES hereto with a finance letter, a detailed estimate, if required, and approved E-76 (AMOD). Federal -aid funding may be increased to cover PROJECT cost increases only if such funds are available and FHWA concurs with that increase. 12. When additional federal -aid funds are not available, ADMINISTERING AGENCY agrees that the payment of federal funds will be limited to the amounts authorized on the PROJECT specific E-76 / E-76 (AMOD) and agrees that any increases in PROJECT costs must be defrayed with ADMINISTERING AGENCY's own funds. 13. ADMINISTERING AGENCY shall use its own non-federal funds to finance the local share of eligible costs and all expenditures or contract items ruled ineligible for financing with federal funds. STATE shall make the determination of ADMINISTERING AGENCY's cost eligibility for federal fund finan*ing of PROJECT costs. 14. ADMINISTERING AGENCY will reimburse STATE for STATE's share of costs for work performed by STATE at the request of ADMINISTERING AGENCY. STATE's costs shall include overhead assessments in accordance with section 8755.1 of the State Administrative Manual. 15. Federal and state funds allocated from the State Transportation Improvement Program (STIP) are subject to the timely use of funds provisions enacted by Senate Bill 45, approved in 1997, and subsequent STIP Guidelines and State procedures approved by the CTC and STATE. 18. Federal funds encumbered for PROJECT are available for liquidation for a period of six (6) years from the beginning of the State fiscal year the funds were appropriated in the State Budget. State funds encumbered for PROJECT are available for liquidation only for six (6) years from the beginning of the State fiscal year the funds were appropriated in the State Budget. Federal or state funds not liquidated within these periods will be reverted unless a Cooperative Work Agreement (CWA) is submitted by ADMINISTERING AGENCY and approved by the California Department of Finance (per Government Code section 16304). The exact date of fund reversion will be reflected in the STATE signed finance letter for PROJECT. 17. Payments to ADMINISTERING AGENCY for PROJECT -related travel and subsistence (per diem) expenses of ADMINISTERING AGENCY forces and its contractors and subcontractors claimed for reimbursement or as local match credit shall not exceed rates authorized to be paid rank and file STATE employees under current State Department of Personnel Administration (DPA) rules. If the rates invoiced by ADMINISTERING AGENCY are in excess of DPA rates, ADMINISTERING AGENCY is responsible for the cost difference, and any overpayments inadvertently paid by STATE shall be reimbursed to STATE by ADMINISTERING AGENCY on demand within thirty (30) days of such invoice. 18. ADMINISTERING AGENCY agrees to comply with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards. 19. ADMINISTERING AGENCY agrees, and will assure that its contractors and subcontractors will be obligated to agree, that Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual PROJECT cost items. Page 9 of 26 245 of 535 20. Every sub -recipient receiving PROJECT funds under this AGREEMENT shall comply with 2 CFR, Part 200, 23 CFR, 48 CFR Chapter 1, Part 31, Local Assistance Procedures, Public Contract Code (PCC) 10300-10334 (procurement of goods), PCC 10335-10381 (non-A&E services), and other applicable STATE and FEDERAL regulations. 21. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, 23 CFR, 48 CFR, Chapter 1, Part 31, and other applicable STATE and FEDERAL regulations, are subject to repayment by ADMINISTERING AGENCY to STATE. 22. Should ADMINISTERING AGENCY fail to refund any moneys due upon written demand by STATE as provided hereunder or should ADMINISTERING AGENCY breach this AGREEMENT by failing to complete PROJECT without adequate justification and approval by STATE, then, within thirty 30 days of demand, or within such other period as may be agreed to in writing between the PARTIES, STATE, acting through the State Controller, the State Treasurer, or any other public entity or agency, may withhold or demand a transfer of an amount equal to the amount paid by or owed to STATE from future apportionments, or any other funds due ADMINISTERING AGENCY from the Highway Users Tax Fund or any other sources of funds, and/or may withhold approval of future ADMINISTERING AGENCY federal -aid projects. 23. Should ADMINISTERING AGENCY be declared to be in breach of this AGREEMENT or otherwise in default thereof by STATE, and if ADMINISTERING AGENCY is constituted as a joint powers authority, special district, or any other public entity not directly receiving funds through the State Controller, STATE is authorized to obtain reimbursement from whatever sources of funding are available, including the withholding or transfer of funds, pursuant to Article IV - 22, from those constituent entities comprising a joint powers authority or by bringing of an action against ADMINISTERING AGENCY or its constituent member entities, to recover all funds provided by STATE hereunder. 24. ADMINISTERING AGENCY acknowledges that the signatory party represents the ADMINISTERING AGENCY and further warrants that there is nothing within a Joint Powers Agreement, by which ADMINISTERING AGENCY was created, if any exists, that would restrict or otherwise limit STATE's ability to recover State funds improperly spent by ADMINISTERING AGENCY in contravention of the terms of this AGREEMENT. Page 10 of 26 246 of 535 ARTICLE V AUDITS, THIRD PARTY CONTRACTING, RErORhS RETENTION AND REPORTS 1. STATE reserves the right to conduct technical and financial audits of PROJECT work and records and ADMINISTERING AGENCY agrees, and shall require its contractors and subcontractors to agree, to cooperate with STATE by making all appropriate and relevant PROJECT records available for audit and copying as required by paragraph three (3) of ARTICLE V. 2. ADMINISTERING AGENCY, its contractors and subcontractors shall establish and maintain a financial management system and records that properly accumulate and segregate reasonable, allowable, and allocable incurred PROJECT costs and matching funds by line item for the PROJECT. The financial management system of ADMINISTERING AGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles, enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices sent to or paid by STATE. 3. ADMINISTERING AGENCY, ADMINISTERING AGENCY's contractors and subcontractors, and STATE shall each maintain and make available for inspection and audit by STATE, the California State Auditor, or any duly authorized representative of STATE or the United States all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts and ADMINISTERING AGENCY shall furnish copies thereof if requested. All of the above referenced parties shall make such AGREEMENT, PROGRAM SUPPLEMENT and contract materials available at their respective .offices at all reasonable times during the entire PROJECT period and for three (3) years from the date of submission of the final expenditure report by the STATE to the FHWA. 4. ADMINISTERING AGENCY is required to have an audit in accordance with the' Single Audit Act of 2 CFR 200 if it expends $750,000 or more in Federal Funds in a single fiscal year. The Federal Funds received under a PROGRAM SUPPLEMENT are a part of the Catalogue of Federal Domestic Assistance (CFDA) 20.205. 5. ADMINISTERING AGENCY agrees to include all PROGRAM SUPPLEMENTS adopting the terms of this AGREEMENT in the schedule of projects to be examined in ADMINISTERING AGENCY's 'annual audit and in the schedule of projects to be examined under its single audit prepared in accordance with 2 CFR, Part 200. 6. ADMINISTERING AGENCY shall not award a non-A&E contract over $5,000, construction contract over $10,000, or other contracts over $25,000 (excluding professional service contracts of the type which are required to be procured in accordance with Government Code sections 4525 (d), (e) and (f)) on the basis of a noncompetitive negotiation for work to be performed under this AGREEMENT without the prior written approval of STATE. Contracts awarded by ADMINISTERING AGENCY, if intended as local match credit, must meet the requirements set forth in this AGREEMENT regarding local match funds. Page 11 of 26 247 of 535 t. Any subcontract entered IriiO uy AUirliiNi tour :,ivy, r as o Tkb5U11 Li iio shall contain provisions 5, 6, 17, 19 and 20 of ARTICLE IV, FISCAL PROVISIONS, and provisions of this ARTIC_i E V, Ai fDITC THIRD -PARTY rnNITRQCTING RECORDS 1, 2, and 3 vl this �! RETENTION AND REPORTS, 8. To be eligible for focal match credit, ADMINISTERING AGENCY must ensure that local match funds used for a PROJECT meet the fiscal provisions requirements outlined in ARTICLE IV in the same manner as required of all other PROJECT expenditures. 9. In addition to the above, the pre -award requirements of third -party contractor/consultants with ADMINISTERING AGENCY should be consistent with the LOCAL ASSISTANCE PROCEDURES. Page 12 of 26 248 of 535 ARTICLE ICLE Vi - i-CLICI f1L Ltiibinir liiit3 i- t i iV 1. By execution of this AGREEMENT, nMINISTERING AGENCY certifies, to the hest of the signatory officer's knowledge and belief, that: A. No federal or state appropriated funds have been paid or will be paid, by or on behalf of ADMINISTERING AGENCY, to any person for influencing or attempting to influence an officer or employee of any STATE or federal agency, a member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding of any STATE or federal contract, including this AGREEMENT, the making of any STATE or federal loan, the entering into of any cooperative contract, and the extension, continuation, renewal, amendment, or modification of any STATE or federal contract, grant, loan, or cooperative contract. B. If any funds other than federal appropriated funds have been paid, or will be paid, to any person for influencing or attempting to influence an officer or empioyee of any federal agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with this AGREEMENT, grant, local, or cooperative contract, ADMINISTERING AGENCY shall complete and submit Standard Form-LLL, "Disclosure Form to Rep Lobbying," in accordance with the form instructions. C. This certification is a material representation of fact upon which reliance was placed when this AGREEMENT and each PROGRAM SUPPLEMENT was or will be made or entered into. Submission of this certification is a prerequisite for making or entering into this AGREEMENT imposed by Section 1352, Title 31, United States Code. Any party who fails to file the required certification shall be subject to a civil penalty of not Tess than $10,000 and not more than $100,000 for each such failure. 2. ADMINISTERING AGENCY also agrees by signing this AGREEMENT that the language of this certification will be included in all lower tier sub -agreements which exceed $100,000 and that all such sub -recipients shall certify and disclose accordingly. Page 13 of 26 249 of 535 ART iCLE Vii - iviiSuELLi-khiE U em.ivi:�liJi�1� 1 ADM NISTER!NG GENCY agrees to use all state funds reimburseri hereunder only for e. i-av r.r .ry ..ter ....v . ,...,.-.. ..... ...�..� transportation purposes that are in conformance with Article XIX of the California State Constitution and the relevant Federal Regulations. 2. This AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute enacted by the State Legislature or adopted by the CTC that may affect the provisions, terms, or funding of this AGREEMENT in any manner. 3. ADMINISTERING AGENCY and the officers and employees of ADMINISTERING AGENCY, when engaged in the performance of this AGREEMENT, shall act in an independent capacity and not as officers, employees or agents of STATE or the federal government. 4. Each project -specific E-76 or E-76 (AMOD), PROGRAM SUPPLEMENT and Finance Letter shall separately establish the terms and funding limits for each described PROJECT funded under the AGREEMENT. No federal or state funds are obligated against this AGREEMENT. 5. ADMINISTERING AGENCY certifies that neither ADMINISTERING AGENCY nor its principals are suspended or debarred at the time of the execution of this AGREEMENT. ADMINISTERING AGENCY agrees that it will notify STATE immediately in the event a suspension or a debarment occurs after the execution of this AGREEMENT. 6. ADMINISTERING AGENCY certifies, by execution of this AGREEMENT, that no person or selling agency has been employed or retained to solicit or secure this AGREEMENT upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by ADMINISTERING AGENCY for the purpose of securing business. For breach or violation of this warranty, STATE has the right to annul this AGREEMENT without liability, pay only for the value of the work actually performed, or in STATE's discretion, to deduct from the price of consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 7. In accordance with Public Contract Code section 10296, ADMINISTERING AGENCY hereby certifies under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issuod against ADMINISTERING AGENCY within the immediate preceding two (2) year period because of ADMINISTERING AGENCY's failure to comply with an order of a federal court that orders ADMINISTERING AGENCY to comply with an order of the National Labor Relations Board. 8. ADMINISTERING AGENCY shall disclose any financial, business, or other relationship with STATE, FHWA or Federal Transit Administration (FTA) that may have an impact upon the outcome of this AGREEMENT. ADMINISTERING AGENCY shall also list current contractors who may have a financial interest in the outcome of this AGREEMENT. 9. ADMINISTERING AGENCY hereby certifies that it does not have nor shall it acquire any financial or business interest that would conflict with the performance of PROJECT under this AGREEMENT. Pae14of 26 250 of 535 10. ADMINISTERING AGENCY certifies that this AOREEiviim i was not ouiiiiii6u through rebates, kickbacks or other unlawful consideration either promised or paid to any STATE �__ breach ` lation of this a my STATE shall have the right, in its discretion, to employee. For breach 1 or violation [ warranty, STATE n � �- shall have terminate this AGREEMENT without liability, to pay only for the work actually performed, or to deduct from the PROGRAM SUPPLEMENT price or otherwise recover the full amount of such rebate, kickback, or other unlawful consideration. 11. Any dispute concerning a question of fact arising under this AGREEMENT that is not disposed of by agreement shall be decided by the STATE's Contract Officer who may consider any written or verbal evidence submitted by ADMINISTERING AGENCY. The decision of the Contract Officer, issued in writing, shall be conclusive .and binding on the PARTIES on all questions of fact considered and determined by the Contract Officer. 12. Neither the pending of a dispute nor its consideration by the Contract Officer will excuse ADMINISTERING AGENCY from full and timely performance in accordance with the terms of this AGREEMENT. 13. Neither ADMINISTERING AGENCY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE, under or in connection with any work, authority or jurisdiction arising under this AGREEMENT. It is understood and agreed that STATE shall fully defend, indemnify and save harmless the ADMINISTERING AGENCY and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this AGREEMENT. 14. Neither STATE nor any officer or employee thereof shall be responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY under, or in connection with, any work, authority or jurisdiction arising under this AGREEMENT. It is understood and agreed that ADMINISTERING AGENCY shall fully defend, indemnify and save harmless STATE and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY under this AGREEMENT. 15. STATE reserves the right to terminate funding for any PROJECT upon written notice to ADMINISTERING AGENCY in the event that ADMINISTERING AGENCY fails to proceed with PROJECT work in accordance with the project -specific PROGRAM SUPPLEMENT, the bonding requirements if applicable, or otherwise violates the conditions of this AGREEMENT and/or PROGRAM SUPPLEMENT, or the funding allocation such that substantial performance is significantly endangered. ic. No ier111 laud// srlaii oeCOme GilGl:iiUG ii, vviiiiili Liii.Ly }vu/ �:cijv c:6.�1 IZr.,04kJi wi i r.Ls4,..� .'. Termination, ADMINISTERING AGENCY either cures the default involved or, if not reasonably susceptible of -ure within said thirty (30) day period, ADMIN1STFRING AI3ENCY proceeds thereafter to complete the cure in a manner and time line acceptable to STATE. Any such termination shall be accomplished by delivery to ADMINISTERING AGENCY of a Notice of Termination, which notice shall become effective not less than thirty (30) days after receipt, specifying the reason for the termination, the extent to which funding of work under this AGREEMENT is terminated and the date upon which such termination becomes effective, if beyond thirty (30) days after receipt. During the period before the effective termination date, ADMINISTERING AGENCY and STATE shall meet to attempt to resolve any dispute. In the event of such termination, STATE may proceed with the PROJECT work in a manner deemed proper by STATE. If STATE terminates funding for PROJECT with ADMINISTERING AGENCY, STATE shall pay ADMINISTERING AGENCY the sum due ADMINISTERING AGENCY under the PROGRAM SUPPLEMENT and/or STATE approved finance letter prior to termination, provided, however, ADMINISTERING AGENCY is not in default of the terms and conditions of this AGREEMENT or the project -specific PROGRAM SUPPLEMENT and that the cost of PROJECT completion to STATE shall first be deducted from any sum due ADMINISTERING AGENCY. 17. In case of inconsistency or conflicts with the terms of this AGREEMENT and that of a project - specific PROGRAM SUPPLEMENT, the terms stated in that PROGRAM SUPPLEMENT shall prevail over those in this AGREEMENT. 18. Without the written consent of STATE, this AGREEMENT is not assignable by ADMINISTERING AGENCY either in whole or in part. 19. No alteration or variation of the terms of this AGREEMENT shall be valid unless made in writing and signed by the PARTIES, and no oral understanding or agreement not incorporated herein shall be binding on any of the PARTIES. IN WITNESS WHEREOF, the PARTIES have executed this AGREEMENT by their duly authorized officers. STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION City of National City By By Ron Morrison, Mayor Chief, Office of Project Implementation Division of Local Assistance City of National City Representative Name & Title (Authorized Governing Body Representative) Date Date Page 16 of 26 252 of 535 EXI-IIRIT A FAIR EMPLOYMENT PRACTICES ADDENDUM 1. In the performance of this Agreement, ADMINISTERING AGENCY will not discriminate against any employee for employment because of race, color, sex, sexual orientation, religion, ancestry or national origin, physical disabiiity, medical condition, marital status, political affiliation, family and medical care leave, pregnancy leave, or disability leave. ADMINISTERING AGENCY will take affirmative action to ensure that employees are treated during employment without regard to their race, sex, sexual orientation, color, religion, ancestry, or national origin, physical disability, medical condition, marital status, political affiliation, family and medical care leave, pregnancy leave, or disability leave. Such action shall include, but not be limited to, the following: employment; upgrading; demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. ADMINISTERING AGENCY shall post in conspicuous places, available to employees for employment, notices to be provided by STATE setting forth the provisions of this Fair Employment section. 2. ADMINISTERING AGENCY, its contractor(s) and all subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code Section 1290-0 et seq.), and the applicable regulations promulgated thereunder (California code of Regulations, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12900(a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full. Each of the ADMINISTERING AGENCY'S contractors and all subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreements, as appropriate. 3. ADMINISTERING AGENCY shall include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under this AGREEMENT. 4. ADMINISTERING AGENCY will permit access to the records of employment, employment advertisements, application forms, and other pertinent data and records by STATE, the State Fair Employment and Housing Commission, or any other agency of the State of California designated by STATE, for the purposes of investigation to ascertain compliance with the Fair Employment section of this Agreement. 5. Remedies for Willful Violation: (a) STATE may determine a willful violation of the Fair Employment provision to have occurred upon receipt of a final judgment to that effect from a court in an action to which ADMINISTERING AGENCY was a party, or upon receipt of a written notice from the Fair Employment and Housing Commission that it has investigated and determined that ADMINISTERING AGENCY has violated the Fair Employment Practices Act and had issued an order under Labor Code Section 1426 which has become final or has obtained an injunction under Labor Code Section 1429. Page 17 of 26 253 of 535 (b) For :;'il{ful :'io!ation of this Fmk Employment Prnvisinn, STATE shall have the right to terminate this Agreement either in whole or in part, and any loss or damage sustained by STATE in securing the goods or services thereunder shall be borne and paid for. by ADMINISTERING AGENCY and by the surety under the performance bond, if any, and STATE may deduct from any moneys due or thereafter may become due to ADMINISTERING AGENCY, the difference between the price named in the Agreement and the actual cost thereof to STATE to cure ADMINISTERING AGENCY's breach of this Agreement. Page 18 of 26 254 of 535 FXHIRiT R NONDISCRIMINATION ASSURANCES ADMINISTERING AGENCY HEREBY AGREES THAT, as a condition to receiving any federal financial assistance from the STATE, acting for the U.S. Department of Transportation, it will comply with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d-42 U.S.C. 2000d-4 (hereinafter referred to as the ACT), and all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, "Nondiscrimination in Federally -Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964" (hereinafter referred to as the REGULATIONS), the Federal -aid Highway Act of 1973, and other pertinent directives, to the end that in accordance with the ACT, REGULATIONS, and other pertinent directives, no person in the United States shall, on the grounds of race, color, sex, national origin, religion, age or disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which ADMINISTERING AGENCY receives federal financial assistance from the Federal Department of Transportation. ADMINISTERING AGENCY HEREBY GIVES ASSURANCE THAT ADMINISTERING AGENCY will promptly take any measures necessary to effectuate this agreement. This assurance is required by subsection 21.7(a) (1) of the REGULATIONS. More specifically, and without limiting the above general assurance, ADMINISTERING AGENCY hereby gives the following specific assurances with respect to its federal -aid Program: 1. That ADMINISTERING AGENCY agrees that each "program" and each "facility" as defined in subsections 21.23 (e) and 21.23 (b) of the REGULATIONS, will be (with regard to a "program") conducted, or will be (with regard to a "facility") operated in compliance with all requirements imposed by, or pursuant to, the REGULATIONS. 2. That ADMINISTERING AGENCY shall insert the following notification in all solicitations for bids for work or material subject to the REGULATIONS made in connection with the federal -aid Program and, in adapted form, in ali proposals for negotiated agreements: ADMINISTERING AGENCY hereby notifies all bidders that it will affirmatively insure that in any agreement entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, national origin, religion, age, or disability in consideration for an award. 3. That ADMINISTERING AGENCY shall insert the clauses of Appendix A of this assurance in every agreement subject to the ACT and the REGULATIONS. 4. That the clauses of Appendix B of this Assurance shall be included as a covenant running with the land, in any deed effecting a transfer of real property, structures, or improvements thereon, or interest therein. 5. That where ADMINISTERING AGENCY receives federal financial assistance to construct a facfflty, ar part of a far_ility, the Assuuranr-e shall extend to the entire facility and facilities operated in connection therewith. 6. That where ADMINISTERING AGENCY receives federal financial assistance in the form, or for the acquisition, of real property or an interest in real property, the Assurance shall extend to rights to space on, over, or under such property. 7. That ADMINISTERING AGENCY shall include the appropriate. clauses set forth in Appendix C and D of this Assurance, as a covenant running with the land, in any future deeds, leases, permits, licenses, and similar agreements entered into by the ADMINISTERING AGENCY with other parties: Appendix C; (a) for the subsequent transfer of real property acquired or improved under the federal -aid Program; and Appendix D; (b) for the construction or use of or access to space on, over, or under real property acquired, or improved under the federal -aid Program. 8. That this assurance obligates ADMINISTERING AGENCY for the period during which federal financial assistance is extended to the program, except where the federal financial assistance is to provide, or is in the form of, personal property or real property or interest therein, or structures, or improvements thereon, in which case the assurance obligates ADMINISTERING AGENCY or any transferee for the longer of the following periods: (a) the period during which the property is used for a purpose for which the federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or (b) the period during which ADMINISTERING AGENCY retains ownership or possession of the property. 9. That ADMINISTERING AGENCY shall provide for such methods of administration for the program as are found by the U.S. Secretary of Transportation, or the official to whom he delegates specific authority, to give reasonable guarantee that ADMINISTERING AGENCY, other recipients, sub -grantees, applicants, sub -applicants, transferees, successors in interest, and other participants of federal financial assistance under such program will comply with all requirements imposed by, or pursuant to, the ACT, the REGULATIONS, this Assurance and the Agreement. 10. That ADMINISTERING AGENCY agrees that the United States and the State of California have a right to seek judicial enforcement with regard to any matter arising under the ACT, the REGULATIONS, and this Assurance. P8e20of 26 256 of 535 11. APIMINICTERING AGENCY shall not discriminate nn the hasig of race, religions age_ disability; color, national origin or sex in the award and performance of any STATE assisted contract or in the administration on its DBE Program or the requirements of 49 CFR Part 26. ADMINISTERING AGENCY shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non- discrimination in the award and administration of STATE assisted contracts. ADMINISTERING AGENCY'S DBE Implementation Agreement is incorporated by reference in this AGREEMENT. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved DBE Implementation Agreement, STATE may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 USC 1001 and/or the Program Fraud Civil Remedies Act of 1985 (31 USC 3801 et seq.) THESE ASSURANCES are given in consideration of and for the purpose of obtaining any and all federal grants, loans, agreements, property, discounts or other federal financial assistance extended after the date hereof to ADMINISTERING TAGENCY by STATE, acting for the U.S. Department of Transportation, and is binding on ADMINISTERING AGENCY, other recipients, subgrantees, applicants, sub -applicants, transferees, successors in interest and other participants in the federal -aid Highway Program. Pa APPENDIX A TO EXHIBIT B During the performance of this Agreement, ADMINISTERING AGENCY, for itself, its assignees and successors in interest (hereinafter collectively referred to as ADMINISTERING AGENCY) agrees as follows: (1) Compliance with Regulations: ADMINISTERING AGENCY shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement. (2) Nondiscrimination: ADMINISTERING AGENCY, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub -applicants, including procurements of materials and leases of equipment. ADMINISTERING AGENCY shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when the agreement covers a program set forth in Appendix B of the REGULATIONS. (3) Solicitations for Sub -agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by ADMINISTERING AGENCY for work to be performed under a Sub -agreement, including procurements of materials or leases of equipment, each potential sub -applicant or supplier shall be notified by ADMINISTERING AGENCY of the ADMINISTERING AGENCY's obligations under this Agreement and the REGULATIONS relative to nondiscrimination on the grounds of race, color, or national origin. (4) Information and Reports: ADMiNiSTERING AGENCY shall provide all information and reports required by the REGULATIONS, or directives issued pursuant thereto, and shall permit access to ADMINISTERING AGENCY's books, records, accounts, other sources of information, and its facilities as may be determined by STATE or FHWA to bo pertinent to ascertain compliance with such REGULATIONS or directives. Where any information required of ADMINISTERING AGENCY is in the exclusive possession of another who fails or refuses to furnish this information, ADMINISTERING AGENCY shall so certify to STATE or the FHWA as appropriate, and shall set forth what efforts ADMINISTERING AGENCY has made to obtain the information. (5) Sanctions for Noncompliance: in the event of ADMINISTERING AGENCY's noncompliance with the nondiscrimination provisions of this agreement, STATE shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: (a) withholding of payments to ADMINISTERING AGENCY under the Agreement within a reasonable period of time, not to exceed 90 days; and/or (b) cancellation, termination or suspension of the Agreement, in whole or in part. Page 22 of 26 258 of 535 (6) Incorporation of Provisions: ADMINISTERING AGENCY shall include the provisions of paragraphs (1) through (6) in every sub -agreement, including procurements of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto. ADMINISTERING AGENCY shall take such action with respect to any sub -agreement or procurement as STATE or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event ADMINISTERING AGENCY becomes involved in, or is threatened with, litigation with a sub -applicant or supplier as a result of such direction, ADMINISTERING AGENCY may request STATE enter into such litigation to protect the interests of STATE, and, in addition, ' ADMINISTERING AGENCY may request the United States to enter into such litigation to protect the interests of the United States. APPENDIX B TO EXHIBIT B Page 23 of 26 259 of 535 The following clauses snail be incivaed it n any and aii aeeos enacting 0r r euui i ii ry PROJECT real property, structures or improvements thereon, or interest therein from the United teteC. (GRANTING CLAUSE) NOW, THEREFORE, the U.S. Department of Transportation, as authorized by law, and upon the condition that ADMINISTERING AGENCY will accept title to the lands and maintain the project constructed thereon, in accordance with . Title 23, United States Code, the Regulations for the Administration of federal -aid for Highways and the policies and procedures prescribed by the Federal Highway Administration of the Department of Transportation and, also in accordance with and in compliance with the Regulations pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the ADMINISTERING AGENCY all the right, title, and interest of the U.S. Department of Transportation in, and to, said lands described in Exhibit "A" attached hereto and made a part hereof. (HABENDUM CLAUSE) TO HAVE AND TO HOLD said lands and interests therein unto ADMINISTERING AGENCY and its successors forever, subject, however, to the covenant, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and shall be binding on ADMINISTERING AGENCY, its successors and assigns. ADMINISTERING AGENCY, in consideration of the conveyance of said lands and interests in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, (1) that no person shall on the grounds of race, color, sex, national origin, religion, age or disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed (;) (and) * (2) that ADMINISTERING AGENCY shall use the lands and interests in lands so conveyed, in compliance with ail requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in federally -assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended (;) and (3) that in the event of breach of any of the above -mentioned nondiscrimination conditions, the U.S. Department of Transportation shall have a right to re-enter said lands and facilities on said land, and the above -described land and facilities shall thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this deed.* * Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964. Page 24 of 26 260 of 535 APPENDIX C TO EXHIBIT B The following clauses shall be included in any and all deeds, licenses, leases, permits, or similar instruments entered into by ADMINISTERING AGENCY, pursuant to the provisions of Assurance 7(a) of Exhibit B. The grantee (licensee, lessee, permittee, etc., as appropriate) for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add "as covenant running with the land") that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S. Department of Transportation program or activity is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.), shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of Secretary, Part 21, Nondiscrimination in federally -assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. (Include in licenses, leases, permits, etc.)* That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING AGENCY shall have the right to terminate the (license, lease, permit etc.) and to re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, lease, permit, etc.) had never been made or issued. (include in deeds)* That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING AGENCY shall have the right to re-enter said land and facilities thereon, and the above - described lands and facilities shall thereupon revert to and vest in and become the absolute property of ADMINISTERING AGENCY and its assigns. * Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964. Pale 25of 26 261 of 535 APPENDIX D TO EXHIBIT B The following shall be included in all deeds, licenses, leases, permits, or similar agreements entered into by the ADMINISTERING AGENCY, pursuant to the provisions of Assurance 7 (b) of Exhibit B. The grantee (licensee, lessee, permittee, etc., as appropriate) for himself, his personal representatives, successors in interest and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds, and leases add "as a covenant running with the land") that: (1) no person on the ground of race, color, sex, national origin, religion, age or disability, shall be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in the use of said facilities; (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the ground of race, color, sex, national origin, religion, age or disability shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; and (3) that the (grantee, licensee, lessee, permittee, etc.,) shall use the premises in compliance with the Regulations. (Include in licenses, leases, permits, etc.)* That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING AGENCY shall have the right to terminate the (license, lease, permit, etc.) and to re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, lease, permit, etc.) had never been made or issued. (Include in deeds)* That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING AGENCY shall have the right to re-enter said land and facilities thereon, and the above - described lands and facilities shall thereupon revert to and vest in and become the absolute property of ADMINISTERING AGENCY, and its assigns. * Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964. Page 26 of 26 262 of 535 Accounting Officer PROGRAM SUPPLEMENT NO. F011 to ADMINISTERING AGENCY -STATE AGREEMENT FOR FEDERAL -AID PROJECTS NO 11-5066F15 Adv Project ID Date: 1116000034 Location: Project Number: E.A. Number: Locode: May 9, 2016 11-SD-0-NATC ATP L-5066 (032 ) 5066 This Program Supplement hereby adopts and incorporates the Administering Agency -State Agreement for Federal Aid which was entered into between the Administering Agency and the State on and is subject to all the terms and conditions thereof. This Program Supplement is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. approved by the Administering Agency on (See copy attached). The Administering Agency further stipulates that as a condition to the payment by the State of any funds derived from sources noted below obligated to this PROJECT, the Administering Agency accepts and will comply with the special covenants or remarks set forth on the following pages. 1 PROJECT LOCATION: 1.75 mile El Toyon-Las Palmas Bicycle Corridor in National City TYPE OF WORK: Bike Path Estimated Cost $50,000.00 Federal Funds M3E2 $50,000.00 LENGTH: 0.0(MILES) Matching Funds LOCAL $0.0 OTHER $0.00 CITY OF NATIONAL CITY By Title Date Attest Ron Morrison Mayor Michael Dallas, City Clerk STATE OF CALIFORNIA Department of Transportation By Chief, Office of Project Implementation Division of Local Assistance Date I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:/ Date �l �/4.6 $50.000.00 Chapter Statutes. Item Year Program BC Category Fund Source AMOUNT Program Supplement 11-5066F15-F011- ISTEA Page 1 of 7 263 of 535 STATE OF CALIFORNIA. DEPARTMENT OF TRANSPORTATION PROGRAM SUPPLMENT AND CERTIFICATION FORM PSCF (REV. 01/2010) TO: STATE CONTROLLERS OFFICE Claims Audits 3301 "C" Street, Rm 404 Sacramento, CA 95816 Pepe 1 of 1 DATE -PREPARED: 5/9/2016 PROJECT NUMBER: 1116000034 REQUISITION NUMBER / CONTRACT NUMBER: RQS111600000432 FROM: Department of Transportation SUBJECT: Encumbrance Document VENDOR / LOCAL AGENCY: CITY OF NATIONAL CITY CONTRACT AMOUNT: $50,000.00 PROCUREMENT TYPE: Local Assistance CHAPTER 10 STATUTES 2015 ITEM 2660-102-0890 YEAR 2015/2016 PECIPECT 2030720100 COE/Category 2620/0000 AMOUNT ADA lVQtit For individuals with sensory disabilities, this documen is available in alternate formats. For information, call (915) 654-6410 of TDD (916) -3880 or write Records and Forms Management, 1120 N. Street, MS-89, Sacramento, CA 95814. 264 of 535 11-S D-O-NATC ATPL-5066(032) SPECIAL COVENANTS OR REMARKS 05/09/2016 1. A. ADMINISTERING AGENCY shall conform to all State statutes, regulations and procedures (including those set forth in the Local Assistance Procedures Manual and the Local Assistance Program Guidelines, hereafter collectively referred to as "LOCAL ASSISTANCE PROCEDURES") relating to the federal -aid program, all Title 23 Code of Federal Regulation (CFR) and 2 CFR Part 200 federal requirements, and all applicable federal laws, regulations, and policy and procedural or instructional memoranda, unless otherwise specifically waived as designated in the executed project -specific PROGRAM SUPPLEMENT. B. Invoices shall be submitted on ADMINISTERING AGENCY letterhead that includes the address of ADMINISTERING AGENCY and shall be formatted in accordance with LOCALL ASSISTANCE .PROCEDURES. C. ADMINISTERING AGENCY must have iat least one copy of supporting backup documentation for costs incurred and claimed for reimbursement by ADMINISTERING AGENCY. ADMINISTERING AGENCY agrees to submit supporting backup documentation with invoices if requested by State. Acceptable backup documentation includes, but is not limited to, agency's progress payment to the contractors, copies of cancelled checks showing amounts made payable to vendors and contractors, and/or a computerized summary of PROJECT costs. D. Indirect Cost Allocation Plan/Indirect Cost Rate Proposals (ICAP/ICRP), Central Service Cost Allocation Plans and related documentation are to be prepared and provided to STATE (Caltrans Audits & Investigations) for review and approval prior to ADMINISTERING AGENCY seeking reimbursement of indirect costs incurred within each fiscal year being claimed for State and federal reimbursement. ICAPs/ICRPs must be prepared in accordance with the requirements set forth in 2 CFR, Part 200, Chapter 5 of the Local Assistance Procedural Manual, and the ICAP/ICRP approval procedures established by STATE. E. STATE will withhold the greater of either two (2) percent of the total of all federal funds encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING AGENCY submits the Final Report of Expenditures for each completed PROGRAM SUPPLEMENT PROJECT. F. Payments to ADMINISTERING AGENCY for PROJECT -related travel and subsistence (per diem) expenses of ADMINISTERING AGENCY forces and its contractors and subcontractors claimed for reimbursement or as local match credit shall not exceed rates authorized to be paid rank and file STATE employees under current State Department .of Personnel Administration (DPA) rules. If the rates invoiced by ADMINISTERING AGENCY are in excess of DPA rates, ADMINISTERING AGENCY is responsible for the cost difference, and any overpayments inadvertently paid by STATE shall be reimbursed to STATE by ADMINISTERING AGENCY on demand within thirty (30) days of such invoice. G. ADMINISTERING AGENCY agrees to comply with 2 CFR, Part 200, Uniform Program Supplement 11-5066F15-F011- ISTEA Page 2 of 7 265 of 535 11-SD-0-NATC ATPL-5066(032) SPECIAL COVENANTS OR REMARKS 05/09/2016 Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards. H. ADMINISTERING AGENCY agrees, and will assure that its contractors and subcontractors will be obligated to agree, that Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual PROJECT cost items. I. • Every sub -recipient receiving PROJECT funds under this AGREEMENT shall comply with 2 CFR, Part 200, 23 CFR, 48 CFR Chapter 1, Part 31, Local Assistance Procedures, Public Contract Code (PCC) 10300-10334 (procurement of goods), PCC 10335-10381 (non-A&E services), and other applicable STATE and FEDERAL regulations. J. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, 23 CFR, 48 CFR, Chapter 1, Part 31, and other applicable STATE and . FEDERAL regulations, are subject to repayment by ADMINISTERING AGENCY to STATE. K. STATE reserves the right to conduct technical and financial audits of PROJECT WORK and records and ADMINISTERING AGENCY agrees, and shall require its contractors and subcontractors to agree, to cooperate with STATE by making all appropriate and relevant PROJECT records available for audit and copying as required by the following paragraph: ADMINISTERING AGENCY, ADMINISTERING AGENCY'S contractors and subcontractors, and STATE shall each maintain and make available for inspection and audit by STATE, the California State Auditor, or any duly authorized representative of STATE or the United States all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts and ADMINISTERING AGENCY shall furnish copies thereof if requested. All of the above referenced parties shall make such AGREEMENT, PROGRAM SUPPLEMENT, and contract materials available at their respective offices at all reasonable times during the entire PROJECT period and for three (3) years from the date of submission of the final expenditure report by the STATE to the FHWA. L. ADMINISTERING AGENCY, its contractors and subcontractors shall establish and maintain a. financial management system and records that properly accumulate and segregate reasonable, allowable, and allocable incurred PROJECT costs and matching funds by line item for the PROJECT. The financial management system of ADMINISTERING AGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles, enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices set to or paid by STATE. M. ADMINISTERING AGENCY is required to have an audit in accordance with the Single Audit Act of 2 CFR 200 if it expends $750,000 or more in Federal Funds in a single fiscal Program Supplement 11-5066F15-F011- ISTEA Page 3 of 7 266 of 535 11-SD-O-NATC ATPL-5066(032) SPECIAL COVENANTS OR REMARKS 05/09/2016 year of the Catalogue of Federal Domestic Assistance. N. ADMINISTERING AGENCY agrees to include all PROGRAM SUPPLEMENTS adopting the terms of this AGREEMENT in the schedule of projects to be examined in ADMINISTERING AGENCY's annual audit and in the schedule of projects to be examined under its single audit prepared in accordance with 2 CFR, Part 200. O. ADMINISTERING AGENCY shall not award a non-A&E contract over $5,000, construction contracts over $10,000, or other contracts over $25,000 [excluding professional service contracts of the type which are required to be procured in professional UI contracts the type accordance with Government Code sections 4525 (d), (e) and (f)] on the basis of a noncompetitive negotiation for work to be performed under this AGREEMENT without the prior written approv l of STATE. Contracts awarded by ADMINISTERING AGENCY, if intended as local mach credit, must meet the requirements set forth in this AGREEMENT regarding local match funds. P. Any subcontract entered into by ADMINISTERING AGENCY as a result of this AGREEMENT shall contain provisions B, C, F, H,* I, K, and L under Section 2 of this agreement. 2. A. The ADMINISTERING AGENCY will advertise, award and administer this project in accordance with the current published Local Assistance Procedures Manual. B. ADMINISTERING AGENCY agrees that it will only proceed. with work authorized for specific phase(s) with an "Authorization to Proceed" and will not proceed with future phases) of this project prior to receiving an "Authorization to Proceed" from the STATE for that phase(s) unless no further State or Federal funds areneeded for those future phase(s). C. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer immediately after project contract award and prior to the submittal of the ADMINISTERING AGENCY'S first invoice for the construction contract. Failure to do so will cause a delay in the State processing invoices for the construction phase. Attention is directed to Section 15.7 "Award Package". of the Local Assistance Procedures Manual. D. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every six months commencing after the funds are encumbered for each phase by the execution of this Project Program Supplement Agreement, or by STATE's approval of an applicable Finance Letter. STATE reserves the right to suspend future authorizations/obligations for Federal aid projects, or encumbrances for State funded projects, as well as to suspend invoice payments for any on -going or future project by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six-month period. Program Supplement 11-5066F15-F011- ISTEA Page 4 of 7 267 of 535 11-SD-0-NATC ATPL-5066(032) SPECIAL COVENANTS OR REMARKS 05/09/2016 If no costs have been invoiced for a six-month period, ADMINISTERING AGENCY agrees to submit for each phase a written explanation of the absence of PROJECT activity along with target billing date and target billing amount. ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure of ADMINISTERING . AGENCY to submit a "Final Report of Expenditures" within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current Local Assistance Procedures Manual. E. Administering Agency shall not discriminate on the basis of race, religion, age, disability, color, national origin, or sex in the award and; performance of any Federal - assisted contract or in the administration of its DBE Program Implementation Agreement. The Administering Agency shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of Federal -assisted contracts. The Administering Agency's DBE Implementation Agreement is incorporated by reference in this Agreement. Implementation of the DBE Implementation Agreement, including but not limited to timely reporting of DBE commitments and'utilization, is a legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to the Administering Agency of its failure to carry out its DBE Implementation Agreement, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). F. Any State and Federal funds that may have been encumbered for this project are available for disbursement for limited periods of time. For each fund encumbrance the limited period is from the start of the fiscal year that the specific fund was appropriated within the State Budget Act to the applicable fund Reversion Date shown on the State approved project finance letter. Per Government Code Section 16304, all project funds not liquidated within these periods will revert unless an executed Cooperative Work Agreement extending these dates is requested by the ADMINISTERING AGENCY and approved by the California Department of Finance. ADMINISTERING AGENCY should ensure that invoices are submitted to the District Local Assistance Engineer at least 75 days prior to the applicable fund Reversion Date to avoid the lapse of applicable funds. Pursuant to a directive from the State Controller's Office and the Department of Finance; in order for payment to be made, the last date the District Local Assistance Engineer can forward an invoice for payment to the Department's Local Programs Accounting Office for reimbursable work for funds that are going to revert at the end of a particular fiscal year is May 15th of the particular fiscal year. Notwithstanding the unliquidated sums of project specific State and Federal funding remaining and available to fund project work, any invoice for reimbursement involving applicable funds that is not received by the Department's Local Programs Accounting Office at least 45 days prior to the applicable fixed fund Reversion Date will not be paid. Program Supplement 11-5066F15-F011- ISTEA Page 5 of 7 268 of 535 11-SD-O-NATC ATPL-5066(032) SPECIAL COVENANTS OR REMARKS 05/0912016 These unexpended funds will be irrevocably reverted by the Department's Division of Accounting on the applicable fund Reversion Date. G. As a condition for receiving federal -aid highway funds for PROJECT, the Administering Agency certifies that NO members of the elected board, council, or other key decision makers are on the Federal Government Exclusion List. Exclusions can be found at www.sam.gov. H. This PROJECT is programmed to receive Federal funding from the Active Transportation Program (ATP). Funding may be provided under one or more components. A component(s) specific fund allocation is required, in addition to other requirements, before reimbursable work can occur for the component(s) identified. Each allocation will be assigned an effective date and identify the amount of funds allocated per component(s). This PROGRAM SUPPLEMENT has been prepared to allow reimbursement of eligible PROJECT expenditures for the component(s) allocated. The start of reimbursable expenditures is restricted to the later of either 1) the effective date of the component specific allocation or the effective date of the federal obligation of funds. L STATE and ADMINISTERING AGENCY agree that any additional funds which might be made available by future Federal obligations will be encumbered on this PROJECT by use of a STATE -approved "Authorization to Proceed" and Finance Letter. ADMINISTERING AGENCY .also agrees that Federal funds available for reimbursement will be limited to the amounts obligated by the Federal Highway Administration and that STATE funds available for reimbursement will be limited to the amounts allocated by the California Transportation Commission and/or STATE. J. Upon ADMINISTERING AGENCY request, the CrC and/or SIA E may approve supplementary allocations, time extensions, and fund transfers between components. Funds transferred between allocated project components retain their original timely use of funds deadlines, but an approved time extension will revise the timely use of funds criteria for the component(s) and allocation(s) requested. Approved supplementary allocations, time extensions, and fund transfers between components made after the execution of this PROGRAM SUPPLEMENT will be documented and considered subject to the terms and conditions thereof. Documentation will consist of a Federal Highway Administration - approved "Authorization to Proceed" notification, a STATE approved Allocation Letter, Fund Transfer Letter, Time Extension Letter, and Finance Letter, as appropriate. K. This PROJECT will be administered in accordance with the applicable CTC STIP guidelines and the Active Transportation Program guidelines as adopted or amended, the Local Assistance Procedures Manual (LAPM), the Local Assistance Program Guidelines (LAPG), and this PROGRAM SUPPLEMENT. L. The submittal of invoices for PROJECT costs shall be in accordance with the above - referenced publications and the following. The ADMINISTERING AGENCY shall invoice Program Supplement 11-5066F15-F011- ISTEA Page 6 of 7 269 of 535 11-SD-O-NATC ATPL-5066(032) SPECIAL COVENANTS OR REMARKS 05/09/2016 STATE for environmental & permits, plans specifications & estimate, and right-of-way costs no later than 180 days after the end of last eligible fiscal year of expenditure. For construction costs, the ADMINISTERING AGENCY has 180 days after project completion or contract acceptance, whichever occurs first, to make the final payment to the contractor and prepare the final Report of Expenditures and final invoice, and submit to STATE for verification and payment. M. All obligations of STATE under the terms of this Agreement are subject to the appropriation of resources by the Legislature and the encumbrance of funds under this Agreement. Funding and reimbursement are available only upon the passage of the State Budget Act containing these Federal funds. N. This PROJECT is subject to the timely use of funds provisions enacted by the ATP Guidelines, as adopted or amended, and by approved CTC and State procedures as outlined below. Funds allocated for the environmental & permits (E&P), plan specifications & estimate (PS&E), and right-of-way components are available for expenditure until the end of the second fiscal yearfollowing the year in which the funds were allocated. Funds allocated for the construction component are subject to an award deadline and contract completion deadline. ADMINISTERING AGENCY agrees to award the contract within 6 months of the construction fund allocation and to complete and accept the construction within 36 months of award. O. By executing this PROGRAM SUPPLEMENT, ADMINISTERING AGENCY agrees to comply with all reporting requirements in accordance with the Active Transportation Program Guidelines, as adopted or amended. Program Supplement 11-5066F15-F011- ISTEA Page 7 of 7 270 of 535 RESOLUTION NO. 2016 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE MASTER AGREEMENT ADMINISTERING AGENCY -STATE AGREEMENT FOR FEDERAL -AID PROJECTS NO. 11-5066F15 WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) TO INCORPORATE VARIOUS CHANGES IN FEDERAL REGULATIONS AND POLICES, AND TO EXECUTE PROGRAM SUPPLEMENT AGREEMENT NO. F011 WITH CALTRANS FOR THE EL TOYON-LAS PALMAS BICYCLE CORRIDOR PROJECT TO ALLOW FOR REIMBURSEMENT OF UP TO $50,000 IN ELIGIBLE PROJECT EXPENDITURES FOR PRELIMINARY ENGINEERING, AND AUTHORIZING THE APPROPRIATION OF $50,000 FOR THE PROJECT WHEREAS, on December 10, 2014, the California Department of Transportation ("Caltrans") awarded a $375,000 Federal Active Transportation Program ("ATP") reimbursable grant to the City of National City National City for the El Toyon-Las Palmas Bicycle Corridor Project (the "Project"), with no local match requirement; and WHEREAS, the State has allocated $50,000 for the Project Approval and Environmental Documents ("PA&ED") phase; and WHEREAS, the remaining balance, which will be used for final design and engineering, will be available pending completion of the PA&ED phase; and WHEREAS, to be eligible for reimbursement of eligible project expenditures for the El Toyon-Las Palmas Bicycle Corridor Project through the Federal ATP, the City is required to execute two Agreements between the City and Caltrans: (1) Master Agreement Administering Agency -State Agreement for Federal -Aid Projects No. 11-5066F15, and (2) Program Supplement Agreement No. F011. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute two Agreements between the City and Caltrans: (1) Master Agreement Administering Agency -State Agreement for Federal -Aid Projects No. 11-5066F15, and (2) Program Supplement Agreement No. F011. BE IT FURTHER RESOLVED that the City Council authorizes an appropriation in the amount of $50,000 for the Project. PASSED and ADOPTED this 21st day of June, 2016. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva City Attorney 271 of 535 CC/CDC-HA Agenda 6/21/2016 — Page 272 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City: 1) accepting the work of MA Stevens Construction, Inc. for the National City Public Library Improvements Project, CIP No. 15-08, 2) approving the final contract amount of $872,798.55, 3) authori 272 of 535 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 21, 2016 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of me City of National City: 1) accepting the work of MA Stevens Construction, Inc. for the National City Public Library Improvements Project, CIP No. 15-08, 2) approving the final contract amount of $872,798.55, 3) authorizing release of retention in the amount of $43,639.93, and 4) authorizing the Mayor to sign the Notice of Completion for the project. PREPARED BY: Jose Lopez, Junior Engineer -Civil PHONE: 619-336-4312 EXPLANATION: See attached. FINANCIAL STATEMENT: ACCOUNT NO. DEPARTMENT: Engineering & Public Works APPROVED BY: APPROVED: APPROVED: Retention is available through prior City Council appropriations. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: 1 Finance MIS STAFF RECOMMENDATION: Adopt Resolution BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1 Explanation 2. Notice of Completion 3. Final Contract Balance Sheet 4. Resolution 273 of 535 EXPLANATION The National City Public Library Improvements, CIP No. 15-08 included installation of new composite textile flooring, installation of public safety cameras, improvements and expansion to the building lighting system, new radio -frequency identification book delivery system, six new book shelves, irrigation and landscaping improvements, and architectural concrete improvements. The project also included installing new composite textile carpeting in the City Council Chambers and Large Conference Room at City Hall. On September 10, 2015, the bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors. On September 14, 2015, the bid solicitation was advertised in local newspapers. On October 6, 2015, three (3) bids were received electronically on PlanetBids by the 10:00 a.m. deadline. Bid results were available immediately after the 10:00 a.m. deadline. M.A. Stevens Construction, Inc., a National City local contractor, was the apparent low bidder with a total bid amount of $829,232.00. Upon review of all documents submitted and reference checks, M.A. Stevens Construction, Inc.'s bid was responsive, and they were the lowest responsible bidder qualified to perform the work as described in the project specifications. On October 20, 2015, the City Council adopted Resolution No. 2015-162 awarding the contract to M.A. Stevens Construction, Inc. in the amount of $829,232 and authorized a 15% contingency in the amount of $124,384.80 for any unforeseen changes. Two Notices to Proceed were issued this project, defining the administrative period, and construction period. The Notice to Proceed with the administrative work was issued November 18, 2015. The Notice to Proceed with construction was issued an December 17, 2015, with a construction start date of December 18, 2015. The change orders issued for this project are detailed in the Final Contract Balance Report (see attached). The change orders increased the contract by $141,802.94, and line item adjustments decreased the contract by $98,236.39, for a net increase of $43,566.55 to the contract. This results in a 5.2% contract increase for a final contract balance of $872,798.55. As a result of satisfactory completion of the project, staff recommends that City Council: 1) accept the work of M.A. Stevens Construction, Inc. for the National City Public Library Improvements Project, CIP No. 15-08, 2) approve the final contract amount of $872,798.55, 3) authorize the release of retention in the amount of $43,639.93, and 4) authorize the Mayor to sign the Notice of Completion for the project. The Notice of Completion will be filed with the San Diego County Recorder's Office. 274 of 535 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: NAME: CITY OF NATIONAL CITY ADDRESS: 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950 NOTICE OF COMPLETION CALIFORNIA CIVIL CODE SECTION 3093 NOTICE IS HEREBY GIVEN of the completion on May 31, 2016 of the: Library Remodel CIP #15-08 Work of improvement or portion of work of improvement under cons1ruction or alteration. National City Public Library, 1401 National City Blvd., National City, CA 91950 Street Address • City State Zip Code The undersigned owns the following interest or estate in said property: Owner in Fee Nature of the interest or estate of owner (mortgagor, lessee, etc.) Said work of improvement was performed on the property pursuant to a contract with: M. A. Stevens Construction, Inc. Name of Original Contractor The following work and material were supplied: Labor: general laborer and supervision. Materials: concrete, miscellaneous steel, irrigation, landscaping, lighting, aluminum windows, glazing, door hardware, RFD), light gauge metal framing, gypsum board. painting. flooring. Equipment: demolition elevated work platforms. General statement of kind of labor, services, equipment or materials. Dated: May 31., 2016: The names and addresses of co -owners are: N/A Joint tenants, tenants in common, or other owners Signature of Owner - City of National City, 1243 National City Blvd., National City, CA 91950 I, the undersigned, say: I have read the foregoing Notice of Completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the forgoing is true and correct. Executed on May 31, 2016 at, National City, California. Signature: RON MORRISON, MAYOR 14m15-08 275 of 535 FINAL CONTRACT BALANCE REPORT DATE: June 9, 2016 PROJECT: Library Remodel FY 15-16 CIP No. 15-08 1 TO: M.A. Stevens Construction, Inc. J ORIGINAL CONTRACT AMOUNT: NTP/START DATE: COMPLETION DATE: ORIGINAL CONTRACT LENGTH: EXTENTION OF WORK DAYS: TOTAL CONTRACT TIME: $829,232.00 November 18, 2015 May 30, 2016 61 Calendar Days 135 Calendar Days (92 Working Days) 196 Calendar days DESCRIPTION: The Final Contract Balance reports final line item amounts and summarizes all change orders to produce a final contract amount. CHANGE ORDERS AND LINE ITEM ADJUSTMENTS: Change Order #1, item #1. The City elected to upgrade portions of the Council Chambers and adjacent Conference Room. These upgrades included new carpet, painting and other interior improvements and were identified in ASI #1 dated 11-19-15. The work was performed per MA Stevens Construction PCO #4R dated 12-10-15 = $44,053.02 Change Order #1, Item #2. Portions of the existing sub -floor located in the Council Chambers were uneven due to theexisting vinyl tiling that remained. This required portions of the subfloor to be floated to achieve an even substrate for the new carpet. The work was performed per MA Stevens Construction PCO #6 dated 12-7-15 = $1,277.46 Change Order #2. The City elected to add new chairs for the Council Chambers. This included (95) ea. "SITON1T LUMIN Chair with Upholstered Seat and Fixed Arms. This work was performed per MA Stevens Construction PCO #3 dated 12-15-15 = $28,308.27 Change Order #3-Item #1: Due to existing soil conditions within the exterior landscaping improvements, the soil preparations requirements were changed to accommodate these existing conditions. This work was performed per Submittal #22R dated 12-9-15 and MA Stevens Construction PCO #7 dated 12-22-15 = $995.98 276 of 535 FINAL CONTRACT BALANCE REPORT Library Remodel CIP No. 15-08 June 9, 2016 Change Order #3-Item #2: In order to install the new carpet in the Library, 33 existing tables had to be removed. These tables had hard wired electrical and data outlets which had to be disconnected to allow removal of the tables. The work was performed per RFI #17 response and MA Stevens Construction PCO #8 dated 12-22-15 = $ 13,165.89 Change Order #3-Item #3: The City elected to delete Bid Item #8 for contractor installation of owner furnished security cameras and related equipment. This change resulted in a credit per MA Stevens Construction PCO #9 datecj 12-22-15 = ($13,231.00) Change Order #3-Item #4: The specified pre -manufactured shelf system included prefinished end panels. The architect determined that the end panels were not needed and they were subsequently deleted. This change resulted in a credit per MA Stevens Construction PCO #10 dated 12-22-15 = ($173.42) Change Order #3-Item #5: The City elected to delete the installation of the Radio Frequency Identification, RFID, from the contractor's scope. This change resulted in a credit per MA Stevens Construction PCO #12 dated 12-29-15 = ($3,642.00) Change Order #3-Item #6: An existing area Tight fixture was found in the concrete bench to be demolished on the south entrance to the Library. The light fixture and the conduit feeding it needed to be disconnected and removed. The work was performed per RFI #19 Response dated 12-18-15 and MA Stevens Construction PCO #13 dated 12-30-15 = $ 813.34 Change Order #3-Item #7: An existing concrete foundation was discovered within the new landscaping area located on the east side of the library. The concrete object was interfering with the new landscaping improvements and needed to be partially removed. The work was performed per MA Stevens Construction PCO #14 dated 12-31-15 = $962.54 Change Order #3-Item #8: The existing plastic laminate at the low wall was previously damaged by others. The City elected to repair this damage along with the new laminate work. The work was performed per RFI#22 Response dated 12-24-15 and MA Stevens Construction PCO #15 dated 12-30-15 = $228.44 Change Order #3-Item #9: The existing plastic laminate at the new storefront door location was previously damaged by others. The City elected to repair this damage along with the new laminate work. The work was performed per RF!#21 Response dated 12-24-15 and MA Stevens Construction PCO #16 dated 12-30-15 = $ 404.68 Page 2 of 5 277 of 535 FINAL CONTRACT BALANCE REPORT Library Remodel CIP No. 15-08 June 9, 2016 Change Order #3-Item #10: The City elected to upgrade the finish for the north and south walls in the Council Chambers to fabric wall covering. The work was performed per ASI #1 and MA Stevens Construction PCO #17 dated 1-5-16 = $ 11,460.75 Change Order #3-Item #11: An existing structural component was discovered during demolition that was obstructing the designated location of the RFID wall opening. The opening needed to be modified to accommodate the obstruction. The work was, performed per RFI #29 Response dated 12-28-15 and MA Stevens Construction PCO #18 dated 1-5-16 = $2,305.65 Change Order #3-Item #12: The City elected to delete Bid Item #5 ART FEIJCE EXTENSION AND ART TILES in its entirety. This change resulted in a credit = ($50,000.00) Change Order #4: During demolition for the new storefront door, several existing structural components were discovered that obstructed placement of the new door and frame as designed. The existing structural components and new door were modified to accommodate the existing conditions. The work was performed per RFI #34 Response dated 1-15-16 and MA Stevens Construction PCO #22 dated 1-20-16 = $11,751.88 Change Order #5-Item #1: The City elected to add new chairs at the Council Conference Room. Sixty (60) Working Days were added to the contract time for acquisition of the new chairs. The work was performed per MA Stevens Construction PCO #34 dated 3-4-16 = $13,895.73 Change Order #5-Item #2: The specified stair treads that were submitted and approved did not fit the existing stairs due to the radius tread design. The treads that were delivered to the site had to be returned. This change resulted in a credit per MA Stevens Construction PCO #24 dated 1-20-16 = ($2,403.37) Change Order #5-Item #3: The specified storefront door was modified per CCO #4. The original specified door and frame were deleted. This change resulted in a credit per MA Stevens Construction PCO #25 dated 2-1-16 = ($2,700.00) Change Order #5-Item #4: The City elected to repair the existing carpet and junction box located at the Council Dias. The work was performed per MA Stevens Construction PCO #27 dated 2-1-16 = $667.48 Change Order #6-Item #1: The existing exterior concrete paving at the new storefront door located on the north patio did not meet ADA slope ratios and needed to be changed to comply. The contract plans did not include any modifications to the existing concrete paving. Portions of the concrete paving were removed and replaced with compliant slope ratios. The work was performed per MA Stevens Construction PCO #33.1 dated 5-5-16 = $10,525.33 Page 3 of 5 278 of 535 FINAL CONTRACT BALANCE REPORT Library Remodel CIP No. 15-08 June 9, 2016 Change Order #6-Item #2: The contract plans required adjustment of the existing light control sensors to turn off the light within 5 seconds of no movement. The existing sensors did not have a setting for this time delay and the City elected to change the sensors to provide the required time delay setting. The work was performed per MA Stevens Construction PCO #35 dated 5-5-16 = $455.79 Change Order #6-Item #3: Bid Item #4 included an allowance of $75,000.00 to purchase and install the Radio Frequency Identification, (RFID), system as required by the contract 1 documents. The work was completed under the designated allowance amount and the unused _ balance of the allowance is a credit per MA Stevens Construction PCO #36 dated 5-5-16 ($16,805.79) Change Order #6-Item #4: CCO #5-Item #1 included purchase and delivery of new chairs for the Council Conference room. Upon delivery, contractor's supervision was required to provide secure access to Council Chambers after hours. The work was performed per MA Stevens Construction PCO #37 dated 5-5-16 = $192.00 Change Order #6-Item #5: Due to operational and maintenance problems with the new token operated door locks on the 1st floor, the City elected to remove the new locks and re -install the existing locks. The work was performed per MA Stevens Construction PCO #38 dated 5-5-16 = $337.71 Change Order #6-Item #6: Bid Item #3 included an allowance of $25,000.00 for various Field Orders that may be needed during construction. The work was completed under the designated allowance amount and the unused balance of the allowance is a credit = ($9,280.81) Page 4 of 5 279 of 535 FINAL CONTRACT BALANCE REPORT Library Remodel CIP No. 15-08 June 9, 2016 All Change Orders listed above increased the total contract by 92 Working Days. All Change Orders listed above increased the total contract amount by $141,802.94. Numerous line item adjustments resulted in a contract decrease of $98,236.39. CONTRACT ADJUSTMENT: As a result of the above change orders and line item adjustments, the contract price is adjusted as follows: 1. The final contract price is adjusted to $ 872,798.55. 2. As a result of the satisfactory completion of said project, a retention amount of $ 43,639.93 is set for invoice processing and payment upon the receipt of signatures and City Council's ratification of this agreement and the Notice of Completion. This document and its purpose to balance.payment shall be considered full compensation for furnishing and installing the materials, labor, tools and equipment, profit, overhead, and all incidentals for performing the work described above. M.A. Stevens, Inc. will not be entitled to damages or additional payment for delays as described in the 2012 edition of the Standard Specifications for Public Works Construction, Section 6-6.3, for performing the work as described above. Page 5 of 5 280 of 535 RESOLUTION NO. 2016 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE WORK OF M.A. STEVENS CONSTRUCTION, INC., FOR THE NATIONAL CITY PUBLIC LIBRARY IMPROVEMENTS PROJECT, APPROVING THE FINAL CONTRACT AMOUNT OF $872,798.55, AUTHORIZING RELEASE OF RETENTION IN THE AMOUNT OF $43,639.93, AND AUTHORIZING THE MAYOR TO EXECUTE THE NOTICE OF COMPLETION FOR THE PROJECT WHEREAS, the Engineering Department is satisfied that all work required to be performed by M.A. Stevens Construction, Inc., for the National City Public Library Improvements Project has been completed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the work performed M.A. Stevens Construction, Inc., for the National City Public Library Improvements Project is accepted, the total final contract amount of $872,798.55 is approved, the Mayor is authorized to execute the Notice of Completion, and payment for said work is ordered to be made in accordance with said contract, including release of the retention in the amount of $43,639.93. PASSED and ADOPTED this 21st day of June, 2016. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor 281 of 535 CC/CDC-HA Agenda 6/21/2016 — Page 282 The following page(s) contain the backup material for Agenda Item: Investment transaction for the month ended April 30, 2016. (Finance) 282 of 535 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 21, 2016 AGENDA ITEM NO. ITEM TITLE: Investment transactions for the month ended April 30, 2016. PREPARED BY: Ronald Gutlay DEPARTMENT: Finance PHONE: 619-336-4346 APPROVED BY: ' 4 EXPLANATION: In accordance with California Government Code Section 53646 and City of National City's investment policy section XIIA, a monthly report shall be submitted to the legislative body accounting for transactions made during the reporting period. The attached listing reflects investment transactions of the City of National City's investment portfolio for the month ending April 30, 2016. FINANCIAL STATEMENT: ACCOUNT NO. NA APPROVED: APPROVED: ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Accept and file the Investment Transaction Ledger for the month ended April 30, 2016. BOARD t COMMISSION RECOMMENDATION: NA ATTACHMENTS: Investment Transaction Ledger 283 of 535 ell I City of National City Consolidated An Account #10218 Transaction Ledger 3/31/16 Thru 4/30/16 Trarlsa d Lion Typ Settlement Dtrt Ck1 IP; Security £ scripUon Aeq.lt}isp Pence Yield Amsutlt I rrtoreS1 PtErMald Tgtrsl Amount Gaiti1Lo.ss ACQUiSuTiOlv5 Purchase Purchase Purchase Purchase Purchase Purchase Purchase ]urchase 5€5 Jo 178Z urchase Purchase Purchase Security Contribution Short Sale 04/02/2016 60934N807 04/04/2016 60934N807 04/05/2016 60934N807 04/11/2016 3133EFW52 04/11/2016 60934N807 04/11/2016 60934N807 04/14/2016 60934N807 04/15/2016 90LAIF$00 04/24/2016 60934N807 04/25/2016 60934N807 04/30/2016 60934N807 Subtotal 04/30/2016 90LAIF$00 Subtotal 04/08/2016 60934N807 Subtotal 2,812.50 Federated Prime Value Oblig Govt Oblig Fund Inst. 0.71 Federated Prime Value Oblig Govt Oblig Fund Inst. 2,225.00 Federated Prime Value Oblig Govt Oblig Fund Inst. 400,000.00 FFCB Note 1.15% Due 7/1/2019 375,000.00 Federated Prime Value Oblig Govt Oblig Fund Inst. 4,453.13 Federated Prime Value Oblig Govt Oblig Fund Inst. 2,100.00 Federated Prime Value Oblig Govt Oblig Fund Inst. 38,381.68 Local Agency Investment Fund State Pool 2,062.50 Federated Prime Value Oblig Govt Oblig Fund Inst. 2,531.25 Federated Prime Value Oblig Govt Oblig Fund Inst. 5,984.38 Federated Prime Value Oblig Govt Oblig Fund Inst. 835,551.15 1,200,000.00 Local Agency Investment Fund State Pool 1,200,000.00 -402,083.78 Federated Prime Value Oblig Govt Oblig Fund Inst. -402,083.78 1.000 0.01 1.000 0.01 % 1.000 0.01 100.489 1.00 1.000 0.01 1.000 0.01 1.000 0.01 1.000 0.51 % 1.000 0.01 % 1.000 0.01 1.000 0.01 % 1.000 1.000 2,812.50 0.71 2,225.00 401,956.00 375,000.00 4,453.13 2,100.00 38,381.68 2,062.50 2,531.25 5,984.38 837,507.15 1,200,000.00 1,200,000.00 -402,083.78 -402,083.78 0.00 2,812.50 0.00 0.00 0.71 0.00 0.00 2,225.00 0.00 127.78 402,083.78 0.00 0.00 375,000.00 0.00 0.00 4,453.13 0.00 0.00 2,100.00 0.00 (I.00 38,381.68 0.00 (I.00 2,062.50 0.00 0.00 2,531.25 0.00 0.00 5,984.38 0.00 127.78 837,634.93 0.00 0.00 1,200,000.00 0.00 0.00 1,200,000.00 0.00 0.00-402,083.78 0.00 TOTAL ACQUISITIONS 1,633,467.37 1,635,423.37 0.00 -402,083.78 0.00 127.78 1,635,551.15 0.00 DISPOSITIONS Closing Purchase 04/11/2016 60934N807 Subtotal -402,083.78 Federated Prime Value Oblig Govt Oblig Fund Inst. -402,083.78 1.000 -402,083.78 -402,083.78 0.00 0.00 -402,083.78 -402,083.78 0.00 0.00 Chandler Asset Management Page 6 Execution Time: 5124/2016 12:53:15 PM ICity of National City Consolidated Account #10218 Transaction Ledger 3/31/16 Thru 4/30/16 Trarrsar3icrn Sattlament Atli/Oisp Interest. Type I]sto CIJ8tP t rity P3esCxlg,tivi1 grate Ylo t . = Amount Pd Tatar Amourrt Gain/Loss DISPOSITIONS Sale Maturity Security Withdrawal Security Withdrawal 04/11/2016 60934N807 Subtotal 04/11/2016 3135G0BA0 Subtotal 04/06/2016 60934N807 04/30/2016 90SDCP$00 Subtotal 402,083.78 Federated Prime Value Oblig Govt Oblig Fund Inst. 402,083.78 375,000.00 FNMA Note 2.375% Due 4/11/2016 375,000.00 1.000 100.000 0.01 % 402,083.78 4.02,083.78 375,000.00 0.00 402,083.78 0.00 0.00 402,083.78 0.00 0.00 375,000.00 -22,993.13 S75,000.00 0.00 375,000.00 -22,993.13 1,839.00 Federated Prime Value Oblig Govt Oblig 1.000 1,839.00 0.00 1,839.00 0.00 Fund Inst. 88,000.00 County of San Diego Pooled Investment 1.000 88,000.00 0.00 88,000.00 0.00 Pool 89,839.00 89,839.00 0.00 89,839.00 0.00 5€5 Jo 98Z TOTAL DISPOSITIONS 464,839.00 464,839.00 0.00 464,839.00 -22,993.13 OTHER TRANSACTIONS interest 04/02/2016 3137EADM8 450,000.00 FHLMC Note 1.25% Due 10/2/2019 Interest 04/05/2016 459058ER0 450,000.00 Intl. Bank Recon & Development Note 1 % Due 10/5/2018 Interest 04/11/2016 3135G0BA0 375,000.00 FNMA Note 2.375% Due 4/11/2016 Interest 04/14/2016 3137EADS5 480,000.00 FHLMC Note 0.875% Due 10/14/2016 Interest 04/24/2016 3133EFAN7 550,000.00 FFCB Note 0.75% Due 4/24/2017 Interest 04/25/2016 3130A4GJ5 450,000.00 FHLB Note 1.125% Due 4/25/2018 Interest 04/30/2016 912828ST8 450,000.00 US Treasury Note 1.25% Due 4/30/2019 Interest 04/30/2016 912828TW0 500,000.00 US Treasury Note 0.75% Due 10/31/2017 0.000 2,812.50 0.000 2,225.00 0.000 4,453.13 0.000 2,100.00 0.000 2,062.50 0.000 2,531.25 0.000 2,812.50 0.000 1,875.00 0.00 2,812.50 0.00 0.00 2,225.00 0.00 0.00 4,453.13 0.00 0.00 2,100.00 0.00 0.00 2,062.50 0.00 0.00 2,531.25 0.00 0.00 2,812.50 0.00 0.00 1,875.00 0.00 Chandler Asset Management Page 7 Execution Time: 5/24/2016 12:53:15 PM City of National City Consolidated auk Account #10218 Transaction Ledger 3/31/16 Thru 4/30/16 Tr.9nsactirrn Se!tleatwpfi 7tccjIrimp Type Elt*CUSIP auantlty 5etuf t Clestription Prk0 #lieid lArnaun9 Iiteresfi PuriSe,Id Thin] AanMina Ctair1 Lot 5 OTHER TtRAivsr+C T iOi 6 Interest 04/30/2016 912828UZ1 Subtotal 4,120,000.00 415,000.00 US Treasury Note 0.625% Due 4/30/2018 Dividend 04/04/2016 60934N807 59,848.65 Federated Prime Value Oblig Govt Oblig Fund Inst. 0.000 0.000 Dividend 04/15/2016 90LAIF$00 2,927,727,586.8 Local Agency Investment Fund State Pool 0.000 0 Subtotal 2,927,787,435.4 5 1,296.88 0.00 1,206.88 0.00 22,168.76 0.00 22,168.76 0.00 0.71 0.00 0.71 0.00 38,381.68 0,00 38,381.68 0.00 38,382.39 0.00 38,382.39 0.00 TOTAL OTHER TRANSACTIONS 2,931,907,435.4 5 60,551.15 0.00 80,551.15 0.00 9€9 Jo 98Z Chandler Asset Management Page 8 Execution Time: 512412016 12:53:15 PM 287 of 535 CC/CDC-HA Agenda 6/21/2016 — Page 288 The following page(s) contain the backup material for Agenda Item: Warrant Register #46 for the period of 05/11/16 through 05/17/16 in the amount of $2,692,637.22. (Finance) 288 of 535 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 21, 2016 AGENDA ITEM NO. ITEM TITLE: Warrant Register #46 for the period of 05/11/16 through 05/17/16 in the amount of $2,692,637.22. (Finance) PREPARED BY: K. Apalategui PHONE: fi 19-336-4572 DEPARTMENT: Fina e APPROVED BY: Wtoi EXPLANATION : Per Government Section Code 37208, attached are the warrants issued for the period of 05/11/16 through 05/17/16. Consistent with Department of Finance practice, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation City of San Diego 323428 Kimley Horn and Assoc 323449 New Century Construction 323459 Project Professionals 323463 STC Traffic Inc 323482 West Tech Contracting Inc 323491 Western Rim Constructors 323492 FINANCIAL STATEMENT: ACCOUNT NO. Reimbursement total $2,692,637.22 1,296,948.00 116,437.05 104,703.77 68,017.52 111,301.80 213,819.46 551,071.19 Transportation & Treatment of Sewer Paradise Creek Ed. Project D Ave and 12th St Project Plaza Blvd Widening Project Library Remodel Project Paradise Creek Rest, Project Kimball, El Toyon & Skate P. Project 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 $2,692,637.22 BOARD / COMMISSION RECOMMENDATION: PI/A ATTACHMENTS: Warrant Register #46 289 of 535 'G l='IFOR.NIA 1 /2 PAYEE ABLE PATROL & 4;LJARD AMAZON BAKER & TAYLOR BRODART CO FIRST BOOK NATIONAL OFFICE HOMETOWN BUFFET ROBERTO'S CATERING SERVICE SCLLN SMART & FINAL U 5 POSTMASTER COUNTY OF SAN DIEGO ACTION TARGET INC AGUIRRE, C ALDEMCO AMEDEE, W AMERICAN PLANNING ASSOCIATION AT&T MOBILITY BELTRAN, B BSE ENGINEERING, INC. BURKETT RESTAURANT EQUIPMENT CHELIUS, A CITY OF SAN DIEGO CLEAN HARBORS COMMERCIAL OFFICE INTERIORS CORDERO, E COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO DATA TICKET INC DAY WIRELESS SYSTEMS DEESE, L D-MAX ENGINEERING DPI DIRECT E2 MANAGE TECH INC EQUIFAX INFORMATION SVCS FAT PIPE NETWORKS FEDEX FEDEX GONZALEZ, M HDL COREN & CONE HONEYWELL INTERNATIONAL INC HUNTER'S NURSERY INC JUST CONSTRUCTION INC BOWES, K KIMLEY HORN AND ASSOC INC LIFE -ASSIST, INC. LOPEZ, T MABPA MAN K9 INC MAYER REPROGRAPHICS NATIONAL My ctiapoaw si, WARRANT REGISTER #46 5/17/2016 j7ESCRIPTION SECURITY GUARD SERVICE / LIBRARY BOOKS -LIBRARY BOOKS- LIBRARY BOOKS -LIBRARY GIVEAWAY BOOKS / LIBRARY COOKIES / LIBRARY VOLUNTEER APPRECIATION CATERING SERVICES / LIBRARY VOLUNTEERS 2016 MEMBERSHIP / LIBRARY MOP #45756 - SUPPLIES / LT13kARY POSTAGE / OVERDUE NOTICES - LIBRARY ED VILLAGE MONITORING WELL CLOSURE PLAN INITIAL DEPOSIT FOR RANGE UPGRADE / PD REIMB / 2015 BROWNFIELDS TRAINING / HOUSING CONSUMABLES- NUTRITION CENTER REIMB; TARGUS 4-PORT HUBS MEMBERSHIP: MARTIN REEDER / ID 255425 WIRELESS SERVICE / 3/06/16 - 4/05/16 REFUND: MAY PAYMENT / SEC 8 N.C. POLICE STATION PROJECT REACH -IN REFRIGERATOR/FREEZER REIMB: RADAR CERT & LASER / PD TRANSPORTATION & TREATMENT SEWER FEES HOUSEHOLD HAZARDOUS WASTE BULLDOGG TUFF EXTINGUISHER / FIRE REIMB: CANINE PROGRAM MGMNT / PD BUILDING RECORDS / HOUSING MAIL PROCESSING SERVICES / MAR 2016 TICKET APPEALS & ON-LINE ACCESS / NSD QUARTERLY MAINTENAGE SVC / FIRE REIMB: CCMA CONFERENCE WORKSHOP N.C. PROP,84 A AVE. PROJECT AERIAL MAPS - MOUNTED AND FRAMED N.C. 2020 HOOVER UST. PROJECT CREDIT CHECK SERVICES / S8 GOLD SERVICE 50-200MB -2U / MIS EXPRESS SHIPMENT/ ENG EXPRESS SHIPMENT/ HOUSING REFUND: WAGE GARNISHMENT / LIBRARY CONTRACT SVC PROPERTY TAX CITY WIDE HVAC MAINTENANCE / PW MOP 45719 PLANTS / NSD PARADISE VALLEY RID PROJECT REFUND: DOUBLE PAYMENT OF CITATION PARADISE CREEK ED. PROJECT 3M LITTMAN IDENTIFICATION TAG / FIRE TRANSLATION SERVICES / 05/02/2016 MONTHLY LUNCH MEETING / CM MENDIVIL MONTHLY SERVICE FEE / POLICE PLANS FOR PL/{ REET / ENG 290 of 5351 CHI4 N DATE AMOUNT 323406 5/17/16 3,034.75 323407 5/17/16 2,589.43 323408 5/17/16 3,732.17 323409 5/17/16 1,382.12 323410 5/17/16 204.60 323411 5/17/16 14.00 323412 5/17/16 517,50 323413 5/17/16 150.00 323414 5/17/16 215.05 323415 5/17/16 98.00 323416 5/17/16 1,420.00 323417 5/17/16 11,551.28 323418 5/17/16 1,566.71 323419 5/17/16 774.82 323420 5/17/16 41.88 323421 5/17/16 485.00 323422 5/17/16 2,260.26 323423 5/17/16 1,118.00 323424 5/17/16 28,322.85 323425 5/17/16 17,347.88 323426 5/17/16 101.76 323427 5/17116 1,296,948.00 323428 5/17/16 690.00 323429 5/17/16 5,297.40 323430 5/17/16 150.36 323431 5/17/16 36.00 323432 5/17/16 4,630.52 323433 5/17/16 2,422.53 323434 5/17/16 6,634.00 323435 5/17/16 124.20 323436 5/17/16 8,231.03 323437 5/17/16 483.84 323438 5/17/16 3,095.00 323439 5/17/16 52.80 323440 5/17/16 1,920.00 323441 5/17/16 58.09 323442 5/17/16 58.68 323443 5/17/16 67.00 323444 5/17/16 2,640.00 323445 5/17/16 29,938.69 323446 5/17/16 513.12 323447 5/17/16 5,033.37 323448 5/17/16 200.00 323449 5/17/16 116,437.05 323450 5/17/16 476.24 323451 5/17/16 140.00 323452 5/17/16 25.00 323453 5/17/16 1,560.00 323454 5/17/16 160.20 ti CAtiFORR1A.•*+ 212 PAYEE MES CALIFORNIA MICHAEL BAKER INTERNATIONAL MORA, S MORRISON, D NEW CENTURY CONSTRUCTION INC OPENGOV INC PADRE JANITORIAL SUPPLIES PRO BUILD PROJECT PROFESSIONALS CORP PRUDENTIAL OVERALL SUPPLY RDO EQUIPMENT CO S 43 COUNTY VECTOR CNTRL PROGRM SAN DIEGO GAS & ELECTRIC SAN DIEGO GAS & ELECTRIC SAN DIEGO REGIONAL TRAINING CENTER SAN DIEGO UNION TRIBUNE SAN DIEGO UNION TRIBUNE SDCHCC SDG&E SEAPORT MEAT COMPANY SHINN, D SMART & FINAL SMART SOURCE OF CALIFORNIA LLC SOUTHERN CALIFORNIA SOIL & SPRINGER, K STAPLES BUSINESS ADVANTAGE STARTECH COMPUTERS STC TRAFFIC INC STILES, J SYSCO SAN DIEGO INC TARGET SPECIALTY PRODUCTS U S BANK U S HEALTHWORKS UNITED PARCEL SERVICE VEG APPEAL VERIZON WIRELESS WEST TECH CONTRACTING INC WESTERN RIM CONSTRUCTORS INC WIRED PAYMENTS PAYCHEX BENEFIT TECHNOLOGIES PAYCHEX BENEFIT TECHNOLOGIES ARCO BUSINESS SOLUTIONS SECTION 8 HAPS PAYMENTS NATIONAL Ci f ----- necoRpowerto WARRANT REGISTER #46 511712016 DESCRIPTION CROWBAR HOLDER / FIRE 8TH ST SAFETY ENHANCEMENTS PROJECT REIMB: EXPERANZA STAFF RIDE 1 FIRE REIMB: PAPER FOR CERTIFICATES D AVENUE AND 12TH ST. PROJECT OPENGOV RENEWAL / MIS JANITORIAL SUPPLIES- NUTRITION MOP 45707 SMOKE ALARM 1 HOUSING PLAZA BLVD. WIDENING PROJECT MOP 45742. LAUNDRY SERVICES / NSD EQUIPMENT REPAIR AND PARTS / PW MOSQUITO & VECTOR DISEASE CONTROL GAS & ELECTRIC - NUTRITON CENTER PROPERTY TAX / BAY SHORE BIKEWAY IMAGE & PRESENTATION SKILLS/J FLORES-CLARK LEGAL NOTICES ADVERTISING PUBLIC NOTICE 1 HOUSING MEMBERSHIP / MAYOR MORRISON GAS AND ELECTRIC UTILITIES / S A FOOD / NUTRITION CENTER REIMB: TINY TOTS PROGRAM SUPPLIES MOP 45756 MISC SUPPLIES / COMM SVC MOP 63845 REGULAR ENVELOPES 12TH ST. & D AVE. PROJECT SUBSISTENCE: TASER INSTRUCTOR / PD MOP 45704 OFFICE SUPPLIES / S8 MOP 61744 COLOR SCANNER / MIS LIBRARY REMODEL PROJECT ED REIMBURSEMENT CONSUMABLES 1 FOOD - NUTRITION TUITION: RIGHT OF WAY PREP COURSE / PW CREDIT CARD EXPENSES / PD PRE -EMPLOYMENT PHYSICALS UPS CHARGES / PD LUNCH AND LEARN PRESENTATION CELLULAR SERVICE / 3/22/16 - 4/21/16 PARADISE CREEK REST. PROJECT KIMBALL,EL TOYON & SKATE P. PROJECT ESR SERVICES 04/01/16 - 05/31/16 ESR ONGOING SERVICE APR THRU MAY 2016 FUEL FOR CITY FLEET Start Date End Date 4/27/2016 5/3/2016 CHK NO DATE AMOUNT 323455 5/17/16 47.06 323456 5/17/16 2,900.00 323457 5/17/16 103.40 323458 5/17/16 27.24 323459 5/17/16 104,703.77 323460 5/17/16 8,500.00 323461 5/17/16 75.53 323462 5/17/16 98.08 323463 5/17/16 68,017.52 323464 5/17/16 25.08 323465 5/17/16 654.62 323466 5/17/16 40.00 323467 5/17/16 182.85 323468 5/17/16 520.92 323469 5/17/16 500.00 323470 5/17/16 4,822.60 323471 5/17/16 369.25 323472 5/17/16 149.00 323473 5/17/16 17.89 323474 5/17/16 394.17 323475 5/17/16 166.60 323476 5/17/16 110.32 323477 5/17/16 394.60 323478 5/17/16 474.00 323479 5/17/16 192.60 323480 5/17/16 1,873.86 323481 5/17/16 499.85 323482 5/17/16 111,301.80 323483 5/17/16 250.00 323484 5/17/16 2,840.33 323485 5/17/16 736.00 323486 5/17/16 3,538.01 323487 5/17/16 175.00 323488 5/17/16 766.48 323489 5/17/16 400.00 323490 5/17/16 9,288.13 323491 5/17/16 213,819.46 323492 5/17/16 551,071.19 AM Total 2,654,896.39 542524 5/13/16 1,017.00 542524 5/13/16 100.00 808581 5/13/16 29,079.01 7,542.82 291 of 535 GRAND TOTAL $ 2,692,637.22 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 ROB I1' TS, FINANCE LESLIE DEESE, CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN JERRY CANO, VICE -MAYOR ALEJANDRA SOTELO-SOLIS, MEMBER MONA BIOS, MEMBER ALBERT MENDIVIL, 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 TIIE CITY COUNCIL ON THE 21,1OF TUNE, 2016. AYES NAYS ABSENT 292 of 535 CC/CDC-HA Agenda 6/21/2016 — Page 293 The following page(s) contain the backup material for Agenda Item: Warrant Register #47 for the period of 05/18/16 through 05/24/16 in the amount of $2,334,127.53. (Finance) 293 of 535 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 21, 2016 AGENDA ITEM NO. ITEM TITLE: Warrant Register #47 for the period of 05/18/16 through 05/24/16 in the amount of $2,334,127.53. (Finance) PREPARED BY: K. Apalategui DEPARTMENT: Fin-nc PHONE: 619-336-4572 APPROVED BY: EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 05/18/16 through 05/24/16. Consistent with Department of Finance practice, listed below are all payments above $50,000. Vendor Dick Miller Inc Esgil Corporation Kimley Horn and Assoc Check/Wire Amount Explanation 323513 323516 323524 Kinsman Construction Inc 323525 Tristar Risk Management 762126 Public Emp Ret System 5192016 449,267.21 78,959.16 83,313.04 111,079.32 75,299.79 370,018.97 Plaza Blvd Widening Project Plan Check Services / Building Paradise Creek Ed. Project Police Dept. Improvement Project April 2016 WC Replenishment Service Period 04/26/16 — 05/19/16 FINANCIAL STATEMENT: ACCOUNT NO. Reimbursement total $2,334,127.53 APPROVED: % - t 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 $2,334,127.53 BOARD f COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Warrant Register #47 294 of 535 1/2 PAYEE RANCHO CUCAMONGA COURTYARD AFLAC ALDEMCO AMEDEE, W ASSI SECURITY INC AT&T ATKINS NORTH AMERICA INC BENAVIDEZ, A BEST BEST & KRIEGER ATTNY LAW BOOT WORLD BRIAN COX MECHANICAL INC BROADWAY AUTO ELECTRIC CALIFORNIA DIESEL COMPLIANCE CALIFORNIA ELECTRIC SUPPLY CHILDREN'S HOSPITAL COMMERCIAL AQUATIC SERVICE INC COUNTY OF SAN DIEGO COX COMMUNICATIONS CULLIGAN DANIELS TIRE SERVICE DICK MILLER INC D-MAX ENGINEERING ENTERPRISE FLEET MANAGEMENT ESGIL CORPORATION EXPRESS PIPE AND SUPPLY CO INC FEDEX FEDEX FLORES CLARK, J GRAINGER HYDRO SCAPE PRODUCTS INC INDEPENDENT FORENSIC SERVICES KIMLEY HORN AND ASSOC INC KINSMAN CONSTRUCTION INC KNOX ATTORNEY SERVICE INC KONICA MINOLTA KTU&A LASER SAVER INC LOPEZ, T MARTIN & CHAPMAN MEDIFIT COMMUNITY SERVICES LLC MTS MUNICIPAL CODE CORPORATION NAPA AUTO PARTS NATIONAL CITY AUTO TRIM NATIONAL CITY CHAMBER NATIONAL CITY TROPHY ORKIN PACIFIC TELEMANAGEMENT SERVICE PAL GENERAL ENGINEERING INC -1 ' G�AIJ.FO .NJA baTioNAL arr IIco,poR LT 'U - WARRANT REGISTER #47 5/24/2016 DESCRIPTION CHIC NO DATE AMOUNT ANTI -GRAFFITI CONFERENCE 1 KIM / NSD 323493 5/23/16 352.62 AFLAC ACCT BDM36 / JUNE 2016 323494 5/24/16 579.40 CONSUMABLES- NUTRITION CENTER 323495 5/24/16 615.44 REIMB: RESISTANCE LOOP BANDS 323496 5/24/16 8.69 CITY WIDE SECURITY REPAIRS 323497 5/24/16 1,135.00 PHONE SERVICES / 4/25/16 - 5/25/16 323498 5/24/16 357.32 SEWER SERVICES TAX ROLL 323499 5/24/16 1,012.50 REFUND: OVERPAYMENT RESIDENTIAL RENTAL 323500 5/24/16 60.00 LIABILITY CLAIM COSTS 323501 5/24/16 88.50 MOP#64096 SAFETY APPAREL / PW 323502 5/24/16 125.00 CITY WIDE HVAC / MAY 2016 323503 5/24/16 186.00 ELECTRICAL PARTS FOR CITY VEHICLES 323504 5124/16 111.80 OPACITY TESTING AND DPF CLEANING SVCS 323505 5/24/16 380.00 MOP#45698 ELECTRIC SUPPLIES / PW 323506 5/24/16 504.74 SAFE ROUTES TO SCHOOL PROGRAM 323507 5/24/16 10,739.87 PURCHASE OF POOL CHEMICAL & SUPPLIES 323508 5/24/16 1,269.85 SHARE OF PC REVENUE - APR 2016 323509 5/24/16 10,122.50 INTERNET SERVICE /APRIL 2016 323510 5/24/16 3,579,81 WATER SOFTNER - NUTRITION CENTER 323511 5/24/16 212.50 MOP#76986 TIRES / PW 323512 5/24/16 2,245.45 PLAZA BLVD WIDENING PROJECT 323513 5/24/16 449,267.21 N.C. FIRE CALFIRE URBAN GRANT PROJECT 323514 5/24/16 9,192.50 FLEET MANAGEMENT 1 ENG 323515 5/24/16 14,516.51 PLAN CHECK SERVICES / BUILDING 323516 5/24/16 78,959.16 PLUMBING PARTS & MATERIALS / PW 323517 5/24/16 225.07 EXPRESS SHIPMENT/ FIRE 323518 5/24/16 65.97 EXPRESS SHIPMENT/ CITY ATTNY 323519 5/24/16 25.40 REIMB: IMP - BLDG GREAT BUSINESS 323520 5124/16 50.00 MOP#65179 SUPPLIES Jr PW 323521 5/24/16 1,579,06 MOP#45720 SUPPLIES / PW 323522 5/24/16 955.12 SART EXAMS / PD 323523 5/24/16 1,250.00 PARADISE CREEK ED. PROJECT 323524 5/24/16 83,313.04 POLICE DEPT. IMPROVEMENT PROJECT 323525 5/24/16 111,079.32 COURT FILING / CITY ATTORNEY 323526 5/24/16 124.50 COPIER EQUIPMENT LEASE 323527 5/24/16 1,740.72 N.C. SRTS PEDS. PROJECT 323528 5/24/16 20,076.00 MOP 45725 TONER CARTRIDGE/FIRE 323529 5/24/16 424,88 TRANSLATION SERVICES 5/17/16 323530 5/24/16 140.00 ELECTION MATERIALS SUPPLIES / CITY CLERK 323531 5/24/16 139.35 POOL EQUIPMENT AND SUPPLIES / CSD 323532 5/24/16 6,953.88 MTS TROLLEY FLAGGER / NSD 323533 5/24/16 149.85 SUPPLEMENT #46 UPDATE 1 1 CITY CLERK 323534 5/24/16 207.11 MOP#45735 EQUIPMENT SUPPLIES 323535 5/24/16 163.96 MOP#72441 AUTO PARTS / PW 323536 5/24/16 190.00 NC TOURISM MARKETING - MAR 2016 323537 5/24/16 27,815.43 MOP#66556 SIGNS 1 PW 323538 5/24/16 122.63 CITY WIDE PEST MAINTENANCE 323539 5/24/16 416.50 PAYPHONE SERVICES / APRIL 2016 323540 5/24/16 153.00 8TH ST. SMART cCT 323541 5/24/16 48,620.00 295 of 535 ,►:rt c.AI..1 FO .IA. omEt- 2/2 PAYEE PENSKE FORD PRO BUILD PRUDENTIAL OVERALL SUPPLY RUSS' BEE REMOVAL SAM'S ALIGNMENT SERVICE SDG&E SEAPORT MEAT COMPANY SHAPE UP STUDIO SMART SOURCE OF CALIFORNIA LLC SOUTHERN CALIFORNIA SOIL SPARKLETTS STAPLES BUSINESS ADVANTAGE STARTECH COMPUTERS STC TRAFFIC INC STEVENSON, S SUPERIOR READY MIX SWEETWATER AUTHORITY SYSCO SAN DIEGO INC USBANK UNDERGROUND SERVICE ALERT VERIZON WIRELESS VISION SERVICE PLAN VISTA PAINT WAXIE SANITARY SUPPLY WILLY'S ELECTRONIC SUPPLY CHRISTENSEN & SPATH LLP OPPER & VARCO LLP THE BANK OF NEW YORK MELLON THE LAW OFFICES OF EDWARD Z KOTKIN ROUSTON, J SAN BERNARDINO CNTY SHERIFF'S WIRED PAYMENTS TRISTAR RISK MANAGEMENT PUBLIC EMP RETIREMENT SYSTEM PAYROLL Pay period Start Date 11 5/10/2016 NATIOaaav iscbarowerso WARRANT REGISTER #47 5/24/2016 pESCRIPTION R&M CITY VEHICLES / PW WOOD MATERIALS FOR TRAINING / FIRE MOP#45742 LAUNDRY SERVICES / PW CITY-WtDE ONSITE BEE REMOVAL SERVICES MOP#72442 AUTO EQUIPMENT GAS & ELECTRIC UTILITIES FOOD FOR NUTRITION CENTER FITNESS CLASSES MOP 63845 BADGE CARDS / PD PARADISE CREEK REST. PROJECT WATER - COUNCIL MOP 45704 OFFICE SUPPLIES / FIRE MOP 61744 MISC SUPPLIES / MIS T&A #1548: TROLLEY STATIONS PROJECT REIMB: CCMA RETREAT / HR COLD MIX ASPHALTS & TACK OIL 1 PW WATER SERVICE UTILITIES CONSUMABLES/FOOD - NUTRITION CREDIT CARD EXPENSES / SA UNDERGROUND SERVICE ALERT CELLULAR SERVICE / 4/19/16 - 5/20/16 VISION SVC PLAN CA / MAY 2016 MOP 68834 MISC SUPPLIES / NSD JANITORIAL SUPPLIES / PW MOP 45763 MISC SUPPLIES / MIS LEGAL/MORGAN SQUARE 1 SA LEGAL/WI TOD / SA ADMIN FEE 05/01/16 - 04/30/17 / SA LEGAL/OVERSIGHT BOARD / SA COMMERCIAL LICENSE REIMBURSEMENT / PW TUITION: POST SUPERVISORY COURSE 1 PD APRIL 2016 WC REPLENISHMENT SERVICE PERIOD 04/26/16 - 05/09/16 End Date Check Date 5/23/2016 6/1 /2016 CHK NO DAT AMOUNT 323542 5/24/16 577.97 323543 5/24/16 2,482.76 323544 5124/16 524.22 323545 5/24/16 475.00 323546 5/24/16 196.82 323547 5/24/16 39,509.36 323548 5/24/16 114.29 323549 5/24/16 360.00 323550 5/24/16 607.14 323551 5/24/16 3,888,00 323552 5/24/16 2.00 323553 5/24/16 630.07 323554 5/24/16 422.50 323555 5/24/16 62.50 323556 5/24/16 124.20 323557 5/24/16 128.30 323558 5/24/16 433.68 323559 5/24/16 4,864.13 323560 5/24/16 553.46 323561 5/24/16 202.50 323562 5/24/16 2.20 323563 5/24/16 427.11 323564 5/24/16 64.92 323565 5/24/16 1,779.12 323566 5/24/16 121.36 323567 5/24/16 672,50 323568 5/24/16 65.00 323569 5124/16 2,215.40 323570 5/24/16 280.00 323571 5/24/16 60.00 323573 5/24/16 100.00 AJP Total 953,549.67 762126 5/20/16 75,299.79 5192016 5/19/16 370,018.97 935,259.10 GRAND TOTAL $ 2,334,127.53 296 of 535 Ce rtification 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 ROBE , FINANCE LESLIE DEESE, CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN JERRY CANO, VICE -MAYOR ALEJANDRA SOTELO-SOLIS, MEMBER IvIONA RIOS, MEMBER ALBERT MENDIVIL, 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 21 st OF TUNE, 2016. AYES NAYS ABSENT 297 of 535 CC/CDC-HA Agenda 6/21/2016 — Page 298 The following page(s) contain the backup material for Agenda Item: Continued Public Hearing — Proposed Street Vacation of a segment of "A" Avenue located south of East 28th Street and north of East 29th Street. *Continued from City Council Meeting of June 7, 2016* (Applicant: Frank Motors) (Case File No. 2013-23 SC) (P1 298 of 535 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE ;June 21. 20161 AGENDA ITEM ivO. ITEM TITLE Continued Public Hearing — Proposed Street Vacation of a segment of "A" Avenue located south of East 28tn Street and north of East 29th Street *Continued from City Council Meeting of June 7, 2016* (Applicant: Frank Motors) (Case File No. 2013-23 SC). PREPARED BY: Martin Reeder, AICPi DEPARTMENT: PHONE: I619-336-4313 APPROVED BY: EXPLANATION: The City Council held public hearings on December 16, 2014, March 17, 2015, June 2 12015, and June 7, 2016. The City Council most recently continued the item in order to provide additional time for the community and City Council to consider new information. At the previous public hearing, the community was given the opportunity to provide comments for consideration by the City Council. However, no comments were received as of the writing of this report. Any comments received subsequently will be provided to the City Council at the public hearing. The previous staff report has been provided for your review, which contains all of the information related to the request; an updated background report is provided as a summary of the previous and additional information; and a letter received from the applicant is provided, which offers an overview of their project options. Plans showing both option A and B is also attached. Finally, changes to the recommended Conditions of Approval are attached, reflecting comments made at the previous public hearing. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: ENVIRONMENTAL REVIEW Exempt pursuant to CEQA, Section 15305 (Minor Alterations in Land Use Limitations; ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Determine that no present or prospective public use would be affected by partial closure of "A" Avenue, based on facts contained in the staff reports BOARD I COMMISSION RECOMMENDATION The Planning Commission determined the Street Vacation request complies with the General Plan. Vote: Ayes — Alvarado, Baca, Bush, DeLaPaz, Flores, Garcia, Pruit ATTACHMENTS: 11. Location Map 2. Background Report 3. Recommended Conditions 4. Project Plans (Options A & B) 5. Correspondence from project applicant 6. June 7, 2016 staff report 299 of 535 vacatton Area Zone Boundary APN: vacation (ilia) iFeet 0 55 110 220 Planning Commission Location Map 2013-23 SC 300 of 535 BACKGROUND REPORT • At the previous public hearing, the community was given the opportunity to provide comments for consideration by the City Council. Two community members voiced concerns related to access, traffic, and safety. No additional comments have been received as of the writing of this report. Any written comments received subsequently will be provided to the City Council at the public hearing. • The applicant has provided an overview of their intentions for the project, both for Option A and Option B. • Option A is the preferred option of the applicant (closure of "A" Avenue). O 28th Street property would be redeveloped as an auto -related use: a) Vehicle storage area with access from "A" Avenue — this would require a Conditional Use Permit (discretionary permit). b) Auto repair -related business with a building (by right, see discussion under "Option B"), such as a pre -delivery inspection facility (PD1), auto repair facility, vehicle maintenance, etc. • Option B is the backup option of the applicant (no closure of "A" Avenue) O 28th Street property developed with auto -related business with access from East 28th Street (approximately 12,000 vehicle trips per year on 28th Street) o The applicant may process permits for Option B "by right", which means that only ministerial (over the counter) permits would be necessary; no discretionary approval would be needed. • It is the intention of the applicant to move forward with redevelopment of their properties as soon as possible, regardless of the outcome of tonight's hearing. Whether Option A or Option B is pursued will depend on what is approved. • The vacated portion of "A" Avenue is to be used as an offloading area for vehicle transport trucks. o No transport trucks associated with Franks Motors will utilize East 28th Street east of "A" Avenue. • A cul-de-sac is proposed at the south end of the vacated area (approximately mid -block). The cul-de-sac is proposed on what will be the applicant's property. o The cul-de-sac will allow traffic to safely turn around and exit the area. • The applicant wishes to redevelop the existing dealership. 301 of 535 o Plans include redeveloping the residential lot at 130 East 28th Street, which is owned by the applicant. No discretionary review is required for demolition of the existing homes. o The property is zoned Service Commercial (CS). o The CS zone allows auto repair (and similar uses) by right and auto storage with a Conditional Use Permit (CUP). • Planning Commission found the Street Vacation in compliance with the General Plan, since the portion of "A" Avenue to be vacated serves minimal non -area oc upant traffic and is not identified as an arterial or collector street in the Circulation Element of the General Plan. • Traffic Analysis was performed three times at the behest of the City Council in 2015. o The analysis was performed by a professional traffic consulting company (Stack Traffic Consulting). The findings were as follows: o The National City Boulevard & East 28th Street intersection would operate at an acceptable level of service (LOS) of D or better during both the AM and PM peak -hour after the closure of "A" Avenue. o The weekday and weekend average traffic volumes along the midblock section of "A" Avenue ranged between 540 and 558 vehicles and between 304 and 317 vehicles, respectively. o The pedestrian and bicycle volumes observed over the seven-day period were low and resulted in an average of 30 pedestrians and 7 bicycles per day. o A total of 22 vehicle carrier trucks were observed to park along "A" Avenue over a week and the majority of vehicles arrive during the rooming hours. • Assembling the parcels would increase the efficiency and potential of the property, which would make the business more successful. This would in turn provide benefits to the City through taxes and employment. This is consistent with General Plan policies related to Goal LU-7: The efficient use of land and infrastructure. o Any conflicts related to continuity of access are offset by the economic benefits of the business. 302 of 535 • In order to approve the street vacation, the City Council must make the finding that the street described in the notice of hearing is unnecessary for present or prospective public use, the legislative body may adopt a resolution vacating the street. • After the vacation, residents will continue to have access to East 30th Street via "D" Avenue, although the route would be slightly longer. For example, a property at the intersection of East 28th Street and "B" Avenue (center of adjacent neighborhood) would have to travel an extra 1/3 of a mile to reach the East 30th Street/National City Blvd. intersection. • This has been an open process. An addition public notice has been provided, both in the newspaper and in writing via mail} The mailed notice has been sent to all property owners and occupants within 300 feet of the total expected project- -area (including 130 East 28th Street), with the addition of all homes in the immediately adjacent residential community (even if not within 300 feet). A total of 86 notices were mailed out. The newspaper advertisement has been published for two consecutive weeks. • The additional noticing is above and beyond what is required for a street vacation application. • City Council raised questions related to General Plan Policies LU-3.2 and HEJ- 1.2 in relation to redevelopment of 130 East 28th Street, which are as follows: o Policy LU-3.2: Prevent the intrusion of new incompatible land uses and environmental hazards into existing residential areas and phase out existing non -conforming uses. • This policy is related to Goal LU-3, which aims to create a land use pattern that avoids the creation and continuance of incompatible land uses. ▪ As mentioned above, the CS zone allows for auto -repair uses by right, thus such uses would be deemed compatible. o Per the General Plan, the Service Commercial zone designation "...provides for intensive commercial activities, specialized service establishments, and other compatible uses. Light manufacturing, wholesaling, and distribution uses are restricted to those that can be operated in a clean and quiet manner. ■ Based on this definition, it is not expected that any permitted use in the CS zone would create any environmental hazards. 303 of 535 o Policy HEJ-1.2: Consider environmental justice issues as they are related to potential health impacts associated with land use decisions, including enforcement actions, to reduce the adverse health effects of hazardous materials, industrial activities, and other undesirable land uses, on residents regardless of age, culture, ethnicity, gender, race, socioeconomic status, or geographic location. ® Based on the proposed use of the property as one that is permitted by right in the CS zone, and because no environmental hazards are expected, no environmental justice issues are present in this case. o It should be noted that redevelopment of 130 East 28th Street is not part of the decision -making process for the street vacation application. o Although vacation of "A" Avenue would have an effect on w t happens at the 28th Street property, development and/or redevelopment of the property can happen regardless of whether or not the vacation is ordered. • City Council also raised questions related to environmental review for future development of 130 East 28th Street (residentially -developed lot). o Option A would require a CUP, which would include environmental analysis under the California Environmental Quality Act (CEQA). o Option A (a) and Option B would only involve ministerial permits, which are specifically exempt from CEQA per Section 21080 of the Public Resources Code. 304 of 535 RECOMMENDED CONDITIONS OF APPROVAL 2013-23 SC — A Avenue — Frank Motors General 1. This Street Closure authorizes the vacation of 60 feet by 250 feet of "A" Avenue south of East 28th Street. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform to Exhibit A-2nd Revision, Case File No. 2013-23 SC dated 6/13/2016. 2. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made pay ble to the County Clerk and submitted to the National City Planning Departmen . Fire 3. Plans submitted for improvements must comply with the current editions of the California Fire Code (CFC) and National Fire Protection Association (NFPA). 4. Identification signs shall be posted for all utilities such as natural gas and fire sprinkler system. Please contact the National City Fire Department for direction and copy of requirements. 5. Fire department access roads shall meet the requirements of the 2013 California Fire Code Section 503 Fire Apparatus Roads. Facilities, buildings or portions of buildings hereafter constructed shall be accessible to Fire Department apparatus by way of an approved fire apparatus access road with an asphalt, concrete or other approved driving surface capable of supporting the imposed load of a fire apparatus weighing at least 75,000 pounds. Fire department access roads shall have an unobstructed width of not less than 20 feet for emergency vehicle travel. Where required by the fire code official, approved signs or other approved notices or markings that include the words NO PARKING -FIRE LANE shall be provided for fire apparatus access roads to identify such roads or prohibit the obstruction thereof. Fire apparatus access roads shall not be obstructed in any manner, including the parking of vehicles. 6. Roads or alleys 20 to 26 feet wide shall be posted on both sides as fire lanes. 7. If automatic gates are used, emergency strobes shall be for entrance and egress if applicable. 8. The National City Fire Department shall be involved with all fire inspections for this site. Rough inspections of all phases of work are required. 9. A 48 hour notice is required for all inspections. Engineering 10. The Applicant shall submit a plat and legal description of the proposed area of the street vacation and any applicable street dedication. 305 of 535 11.The Applicant shall submit a title report for all properties adjacent to the portion of "A" Avenue to be vacated. 12. The street vacation document shall provide all necessary easements as required by the various utility companies. 13. The street vacation document shall provide to the City of National City a twenty foot access and sewer easement ten feet on either side of the existing center line of the portion of "A" Avenue to be vacated. 14.The street vacation document shall provide to the City of National City a drainage easement over that portion of "A" Avenue to be vacated. 15.The Applicant shall submit plans and details of all gates, fences, barricades and appurtenances proposed to be installed at either end of the vacated portion of "A" Avenue. Planning 16.Access to all existing utilities that reside in the area to be vacated, including water mains, power and telephone poles, and a sewer main shall be maintained or abandoned/relocated as required by the respective utility owner. 17.If the proposed cul-de-sac is constructed in the public right-of-way or in the event that the cul-de-sac is dedicated as public right-of-way in the future, the cul-de-sac shall be designed per American Association of State Highway and Transportation Officials (AASHTO) standards to accommodate the turning radius of a 30-foot overall length and/or 20-foot wheelbase single -unit vehicle. 18. The proposed cul-de-sac shall be marked as red curb/no parking to the satisfaction of the City Engineer. 19.AII transport trucks shall enter the property from the south (northbound "A" Avenue) only. No transport truck entry shall be permitted from the north (East 28th Street). 20. No offloading of transport trucks shall occur off -site. 21. Driveway aprons on the remainder of "A" Avenue that are not driveway access shall be abandoned and reconstructed to provide curb, gutter, and sidewalk per City requirements. 22.A landscaped/vegetated barrier shall be constructed along the north property lines of parcels on East 28th Street, as well as along property lines adjacent to residentially -developed parcels. The design of the fence shall include audial as well as visual screening of activities from adjacent residential properties. 306 of 535 VI •— — 4 1 HINNY .rw we ao � • ut. Maus lea - �3 a1 57:<- 307 of 535 03 03 0 (Si 03 _ • ' , . . . _ \ ;ter ,,,,,telt• 71•1+1,,,fe wet .17"kr,77.:, e EX1276,43 REESDIENCE, olFfib S192-770,05 &VIM; ,16.714-6NCE APtit 66*-170- 01112MBINAIMM MI MI tqlo 1 ••• " • • ••• •4:.;;.:. St. f • r.9 ritr. • X.; • err e !' • •• 4.4• OcrIt' C-S(C•Ar rrr•I'," ••,rkwv/ r.•A., rr, ;cc, ,Trair I Li APM 5C-17-(111 39. • '..rr rio..nv 34 1 I 1 1 1 1 I 1 1 1 rr. 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Mawr Cr mar Tr MVO NM KUM COME Stna r114%.:0 010-0114111 AIM XI I107010 0-0.31 der IMMOIT MIN PGIVRAME PAWS DV MTV= PMICANZ PrIeekr trert, 770 11110 rancrer nrimerr IC IWO MIN JP /At 834013 WWI MerrrIrr AM, a= MeV Fr. SCRI6 MLR R.-WV Ma WM OMAR NOR OR EOWO foller MT 10 mow ;aft georkoklere E.. 3." '53304040, Mr Mir. Orr Aa WOK alma= f krUffluMee kle 1.1= rem spanwer.. maw.. ffilletEtEht$13ENT DUAL SIM MIME mmor mcrtcor IME.M4.010 StreC Ark Mt .12MIVEMIS MM.- MOM u-ve. Mint AIM MI 4 AITUNdent Ro.flor aver 71; =PM ADING QUAN7777 ES: _ I002 11 SCALE 300013430 PASCO LARETASssoUITER :AD ant.. t11410 rtrularr• (Ma 4111, 70.6 !7.151,414 LliRins, Wr2-• ;14,4,1.1.311/;e1 FRANK MOTORS PAR= EVANSON 287N sr AND A AVE op-ri on.) " June 15, 2016 Martin Reeder Principal Planner National City Planning Department 1243 National City Blvd National City,CA 91 950 Dear Mr. Reeder, Sent via email This letter is regarding our application to partially vacate "A" Avenue. After the recent City Council meeting, there seemed to be additional questions from the Council en this issue. I hope this letter will assist to clarify some or all of those.. Isere are a few positive elements regarding the street vacation. • Provide increased city tax revenue generation overall by Frank Motors • Provide increased city property tax revenue from overall improvements • Community benefits from the additional tax revenue generation The vacation of "A" Avenue has a positive iinpact on the Frank Motors operation which, in turn, allows Frank Motors to be more efficient and will assist in generating more revenue. When a dealership generates additional revenue, the city receives the benefit of that increase through tax. Frank Motors has 2 plans (Options A and B) that had been discussed during the previous meeting (please see attached aerial photo for reference). The most encouraging plan that we believe will have the least amount of impact on the local neighborhood is the. "A" Avenue vacation (Option A). By vacating the street, the following will occur: • Ability to achieve our forecasted $20,000,000 Subaru revenue increase and $2,500,000 Toyota service/parts revenue increase with a more efficient overall operation. • All vehicle deliveries will take place on dealership property creating a safe environment for ow employees, transport drivers and any others in the area • Elimination of dealership traffic and an entrance on 28th Street within the neighborhood • A landscape screening wall •constructed along 28th Street visually shielding the neighborhood from dealership property • Cui-de-Sac added to "Ay9 Avenue; plus removal of apron to curb/gutter for added parking • Gates at both ends of the property for. access. Frank Motors will have a revenue uplift from the new Subaru store; however, the additional area (less fire lane) and the consolidation of our operation into one single footprint provide efficiency and parking for revenue generating vehicles. It also provides flexibility within our overall operation with personnel to increase Toyotaservice/parts revenue through relocation. We estimate that we may lose 25% o of the possible revenue uplift without "A" Avenue vacated. The revenue loss would be due to not having room for all the revenue generating vehicles needed to achieve our forecast and the required technicians being relocated at the 28th Street PDI (pre - delivery inspection) /repair building which is less efficient. (ft HvunDRI EQ UUS SU Ru .F, ankM tat ;Con 1 ph- 1E19.474.5573 facsimile 6'1' .47'7_ 312 h 2401Nati tli1 City'f31vd,, NatioFra1.City, CA g j g4,21 309 of 535 The second plan (Option B) is to build a PDT/repair center at the top of 22th Street within the neighborhood. We believe this has the potential to have the most impact onthe neighborhood. • We estimate in 2017 that Frank Motors will sell 6000 new •Vehicles. Those vehicles will need to be o loaded at the bottom of 28th / "A" Avenue and driven to the PDT biii1dine up.28t Street; thus, creating 12,000 trips (up/down) on the street • Residents will share this portion of 28th Street with the dealership vehicles • It will be an operating PDI/repair facility within the neighborhood • Consideration of moving the NAPA Auto Care and other repair work to this location since it will already be staffed with technicians • Splitting the operation is less efficient • Adding a large PDT/repair building impacts parking for revenue generating vehi s • No landscape screening since the dziveway and .street .area .will be retail business • Oil and trash trucks will need to service our location on a weekly Option. B is the least attractive since it will split the operation up beingless efficient, taking additional area for a larger structure and will not yield as much forecasted revenue. . Additionally, the 3 structures at 130 E. 28th Street and the 2829 National City Blvd structure will be grade available to fire and police (if they so choose) for training use prim to demolition. In summary, we are requesting the partial vacation of "A' Avenue..prank Motors will, be able to better rut its operation and generate additional revenue; thus, increasing the tax revenue to the city and. the; community benefiting from the increased revenue. 1 would also like to thank the Council for placing our issue back on calendar so quickly since we need to make some decisions within our organization in order to meet certain manufacturer deadlines. Best Regards, Frank MoLon, 310 of 535 565 Jo L LC ' Avenue7■mm Vacate Current Pa an13. t. Future baStore National City Blvd Sweet' tI m:h k hn 3 MEETING DATE: `June 7, 2010 COUNCIL AGENDA STATEMENT AGENDA ITEM NO. ITEM TITLE: 1Continued Public Hearing — Proposed Street Vacation of a segment of "A" Avenue located south of East 28th Street and north of East 29th Street *Continued off calendar at City Council Meeting of June 2, 2015* (Applicant: Frank Motors) (Case File No. 2013-23 SC).. PREPARED BY: ;Martin Reeder, AICPI PHONE: 1619-336-4313 EXPLANATION: DEPARTMENT: p; APPROVED BY: the City Council initiated the vacation request on August 19, 2014 to vacate the portion of "A" Avenue adjacent to Frank Motors. The Planning Commission determined that the vacation was consistent with the General Plan on November 17, 2014. Council held a public hearing on December 16, 2014 and continued the item off calendar for additional traffic analysis and expanded public notice. A subsequent re -noticed public hearing was held on March 17, 2015, at which time the Council continued the item so that the applicant could provide additional traffic analysis. At a subsequent public hearing held on June 2, 2015, the applicant requested that the item be continued off calendar in order to reevaluate the project. Tonight's public hearing has been re -noticed to all current property owners and occupants within 300 feet of the vacated area and properties on either side of the area proposed to be vacated, both of which are owned by the applicant. The attached Background Report describes the proposed vacation in more detail.] FINANCIAL STATEMENT: ACCOUNT NO. 1 APPROVED: APPROVED: ENVIRONMENTAL REVIEW: [Exempt pursuant to CEQA, Section 15305 (Minor Alterations in Land Use Limitations) ORDINANCE: INTRODUCTION: FINAL ADOPTION: 1 Finance MIS STAFF RECOMMENDATION: Determine that no present or prospective public use would be affected by partial closure of "A" Avenue, based on facts contained in the staff report) BOARD / COMMISSION RECOMMENDATION: The Planning Commission determined the Street Vacation request complies with the General Plan. Vote: Ayes — Alvarado, Baca, Bush, DeLaPaz, Flores, Garcia, Pruitt ATTACHMENTS: 1. Background Report 5. Site Photos 2. Recommended Findings 6. Traffic Analysis 3. Recommended Conditions 7. Hearing Notice 4. Location Map 8. Notice of Exemption 9. Revised plans 10. Public Correspondence 312 of 535 BACKGROUND REPORT Site Characteristics The segment of "A" Avenue proposed to be vacated is 60 feet wide and 250 feet long. This block is located between East 28th Street and the former East 29th Street (29th Street was closed in 1968). This portion of "A" Avenue is fully developed with two traffic lanes, approximately 18 cars worth of on -street parallel parking on sides, curb, gutter, and sidewalk. The proposed right-of-way to be vacated currently provides access to the two adjacent properties occupied by Frank Motors. The west property is a former Dodge dealership and the east property a parking lot that serves as storage for newly delivered vehicles for Frank Motors dealerships in the City (Hyundai, Scion, Toyota, and Subaru). Previous Action The City Council held a public hearing on December 16, 2014 and Continued the item off calendar for additional traffic analysis and expanded public notice. A subsequent re - noticed public hearing was held on March 17, 2015, at which time the Council continued the item so that the applicant could provide additional traffic analysis. At a subsequent public hearing held on June 2, 2015, the applicant requested that the item be continued off calendar in order to reevaluate the project. Proposal The area proposed to be vacated is approximately 15,000 square feet in size. No change in the existing development is proposed. The applicant has proposed the vacated street to be used as a parking lot and delivery driveway for the dealership. Frank Motors is requesting the vacation so that vehicle offloading activities can occur in a private area. The applicant also suggests that making the street private would remove the safety hazard of vehicles exiting to "A" Avenue blindly from between dealership buildings, although there were no reported accidents over the last four years in this location. As part of the vacation, the applicant will construct a cul-de-sac at the south end of the vacated area (approximately mid -block). This will allow traffic to safely turn around and exit the area, as well as to not impede ingress/egress for area businesses. Ultimately, the applicant wishes to redevelop their properties with a new dealership (not part of this request). Originally, the applicant owned the two properties on either side of the area requested to be vacated. These parcels comprised the former San Diego Dodge dealership on National City Blvd. and the current dealer vehicle storage lot on the southeast comer of "A" Avenue and East 28th Street. Since the previous public hearings last year, the applicant has purchased the residential property adjacent to the storage lot (130 East 28 h Street), which is developed with two single-family residences (based on County Assessor data). The property is zoned Service Commercial (CS), the same as the storage lot. The intention of Franks Motors is to scrape the lot and incorporate it into their dealership activities. This would likely be either an expansion of their vehicle storage area or a check -in area for newly -delivered vehicles. The latter use would be 313 of 535 considered auto repair, which is permitted by right in the CS zone. Storage of vehicles would require a Conditional Use Permit (CUP), which would be a separate and future application process. If the street is vacated, the applicant intends to provide access to 130 East 28th Street through the vacated portion of "A" Avenue. This would take all traffic associated with the business off of East 28th Street. Street Vacation process Adopted in January 2006, the City's Street Vacation Procedures require the City Council to initiate a request to vacate any public streets. The Council initiated the subject request on August 19, 2014. Pursuant to the Streets and Highways Code, Section 8313 and the Street Vacation Procedures, the Planning Commission must determine whether a proposed vacation is consistent with the General Plan and forward the recommendation to the City Council. Planning Commission reviewed the street vacation for conformance with the General Plan at a hearing on November 17, 2014. The Commission determined that the Street Vacation as described was in compliance with the National City General Plan, since the portion of "A" Avenue to be vacated serves minimal non -area occupant traffic and is not identified as an arterial or collector street in the Circulation Element of the General Plan. Furthermore, all resident and emergency access will be maintained. If the Council wishes to approve the closure, an order to vacate would come back at a subsequent meeting along with a resolution of approval. Public Notice Although not required by the Municipal Code, this continued public hearing has been noticed to all property owners and occupants (only property owners are required to be noticed) within 300 feet of all properties fronting on "A" Avenue between East 28th and East 30th Streets. This increased the radius of the noticing, which would normally be limited to the specific area of street to be vacated. Notice was also posted on the street in a visible manner and published in the Union Tribune for two consecutive weeks prior to June 7, 2016, consistent with City policy. Public Correspondence As of the writing of this report, two letters of concern have been received by staff (see attached). The first has concerns related to traffic maneuverability south of the vacated area, which has since been addressed through the proposed cul-de-sac. However, the writer has additional concerns on the adequacy of a 30-foot radius cul-de-sac with relation to commercial delivery vehicles. Given the 60-foot wide right-of-way, it is not possible to make a largercul-de-sac without utilizing adjacent private property. The proposed cul-de-sac would already require a small dedication of the applicants' property in order to build it. As proposed, the cul-de-sac is currently in the area proposed to be vacated, in which case there is no design requirement. However, if the cul-de-sac is constructed in the public right-of-way or is dedicated as such in the future, it would need to meet minimum standards as specified by the American Association of State Highway and Transportation Officials (AASHTO). A Condition of Approval has 314 of 535 been added to ensure appropriate standards are met at the time the cul-de-sac is constructed. The second letter is from a resident of the neighborhood east of the project area. Multiple concerns are outlined in the letter, including parking, traffic, and safety. Parking: Parking concerns are related to occasional events at Sweetwater High School, which are temporary in nature. Given that the area proposed to be vacated comprises only 18 parking spaces, little additional impact is expected. Any impacts would likely not impact the neighborhood north and east of the vacated area, given the lack of continuity at that point (pedestrians going to the high school would need to walk around the dealership). Although this lack of continuity is a potential issue in and of itself, pedestrian accessibility has ben addressed in the "Traffic Analysis" section below. Parking issues in general can b0 addressed through the Engineering Department (e.g. creation of a parking district). Traffic: Concerns over increased traffic are unrelated to the proposal at hand. Although, per the writer of the letter, there are issues with speeding through the neighborhood, vacation of "A" Avenue would not increase traffic eastbound on East 28th Street, but would more likely reduce it (no further access from "A" Avenue northbound to East 28th Street. Traffic issues in general can be addressed through the Traffic & Safety Committee (e.g. traffic calming measures). Safety: Concerns are related to access to southbound National City Blvd. from East 28th Street. The concerned resident uses "A" Avenue to access East 30th Street, which provides controlled access (traffic light) to southbound National City Blvd. It the vacation is granted, the same access would only be available at the East 28th Street/National City Blvd. intersection, which is not controlled. The letter author has stated that this intersection is unsafe, which would tend to make them take a different and more circuitous route. The safety of this intersection was discussed at the previous public hearings and covered in the traffic analyses conducted previously (see "Traffic Analysis" section below). The City Engineer has stated that no recent changes have been noted that would change the outcome of the analysis from that of a year ago. Based on this statement, no additional traffic analysis would be warranted, although the writer of the letter is requesting it. A further point of concern of the writer of the second letter was that homes would be destroyed as a result of this proposal. It is important to note that the applicant owns the residentially -developed property in question (130 East 28th Street), which is zoned for the prospective use as vehicle service and/or storage. Furthermore, the proposed redevelopment would be allowed with or without the vacation and is not a part of the street vacation proposal. Analysis The portion of "A" Avenue to be vacated is fully developed, although it is not identified as an arterial or collector street in the Circulation Element of the General Plan. There 315 of 535 are also utilities that reside in the area to be vacated, including water mains, power and telephone poles, and a sewer main. if vacated, access to all utilities would need to be maintained or abandoned/relocated as required. Comments were also received from the Fire Department, who requires through access or a turnaround provision for the property as part of future development. Plans show continued through -access restricted by gates on each end of the vacated area. The Fire Department and Police Department will require emergency access (e.g., Knox box, strobe -activated gates) in order to access the property. This is because all parts of the property greater than 150 feet from the right-of-way require Fire Department access. This can be provided either by a turnaround inside the property or through access. The latter is provided in this case. Recommended Conditions of Approval that reflect these requirements are attached. Traffic Analysis At the meeting of March 17, 2015, Council requested that the applicant conduct additional traffic analysis to determine if the closure of `A" Avenue would necessitate a traffic light at National City Blvd. and East 28th Street. Additional research on the amount of pedestrian and bicycle traffic affected by the proposed closure was also requested, as well as the number of vehicle transport trucks on this portion of "A" Avenue. Stack Traffic Consulting performed additional analysis, based on the parameters set forth by Council, and submitted the following summary, which outlines findings based on the new traffic data obtained for the project and analysis completed at the National City Boulevard & 28th Street intersection: • The National City Boulevard & East 28th Street intersection would operate at an acceptable LOS D or better during both the AM and PM peak -hour after the closure of A Avenue. ▪ The weekday and weekend average traffic volumes along the midblock section of "A" Avenue ranged between 540 and 558 vehicles and between 304 and 317 vehicles, respectively. O The pedestrian and bicycle volumes observed over the seven-day period were low and resulted in an average of 30 pedestrians and 7 bicycles per day. • A total of 22 vehicle carrier trucks were observed to park along "A" Avenue over a week and the majority of vehicles arrive during the morning hours. The preceding information has been compiled from all three traffic studies provided by Stack Traffic Consultants. The Executive Summary of these analyses is attached, as well as graphical representations of existing traffic volumes for the National City Blvd. / 28th St. intersection; trip redistribution due to closure of "A" Avenue; and proposed traffic volumes for the National City Blvd. / 28th St. intersection after closure of "A" Avenue. The City Traffic Engineer previously reviewed accident history in the area provided by the Police Department, as well as the traffic analyses prepared by Stack Traffic Consultants. There were no reported accidents at the intersection of National City 316 of 535 Boulevard & East 28th Street related to vehicles attempting to exit East 28th Street onto National City Boulevard. Based on these reviews and review of the most recent information, the Traffic Engineer has stated that the proposed closure of "A" Avenue between East 28th and 30th Streets does not present a significant impact to traffic operations, and that no traffic light is necessary at this time. This statement is based on the fact that the Level of Service (LOS) of the National City Blvd. / 28th St. intersection will continue to operate at an acceptable LOS of D or better after closure of "A" Avenue. City staff will continue to monitor LOS conditions in the future. If degradation to an LOS of E or F (failing) were to occur, the City would evaluate the need for a traffic light at that time and install a light if necessary. With regard to the bicycle traffic observed on "A" Avenue, it should be noted that the City recently approved and constructed extensive bicycle infrastructure improvements on "D" Avenue, three blocks to the east. The historic use of "A" Avenue for transport trucks is generally not conducive to bicycle safety in this area; therefore, re-routing bicycle traffic to "D" Avenue would be appropriate given the safety improvements that now exist there. General Plan Conformance The properties either side of the street were vacant for some time after the recent economic downturn. Frank Motors is a recent tenant and has been looking to expand business operations since purchasing the property across "A" Avenue. Their intent is to eventually amalgamate the properties and redevelop the dealership, should the properties be combined. Assembling the parcels would increase the efficiency and potential of the property, which would make the business more successful. This would in turn provide benefits to the City through taxes and employment. This scenario is consistent with General Plan policies related to Goal LU-7: The efficient use of land and infrastructure, specifically, the following policies: • Policy LU-7.1: Establish incentives to promote the use and development of vacant infill parcels and the intensification of land uses on underutilized parcels to realize the greatest benefit to the community. • Policy LU-7.6: Support the strategic conversion of certain sections of streets into developable land only where the conversion positively contributes to the redevelopment and revitalization of the area, improves traffic safety, and does not impede emergency access. However, there are also policies in the General Plan that the proposed vacation could potentially conflict with, specifically, the following policies: • Policy C-2.2: Enhance connectivity by eliminating gaps and barriers in roadway, bikeway, and pedestrian networks. 317 of 535 Policy C-8.8: Provide a continuous pedestrian network within and between neighborhoods to facilitate pedestrian travel free from major impediments and obstacles. It should be noted that the street in this location does not produce a major amount of traffic, other than from adjacent businesses. In addition, there is no neighborhood to speak of south of 30th Street in this area. Given that the majority of traffic is generated by the applicant, and that the other users south of the project area on "A" Avenue will maintain access, the latter policies do not carry as much weight as the former policies. Streets and Highways Code The City's Street Vacation Procedures require compliance with the California Streets and Highways Code; specifically, the following: 8324. (a) At the hearing, the legislative body shall hear the evidence offered by persons interested. (b) If the legislative body finds, from all the evidence submitted, that the street, highway, or public service easement described in the notice of hearing orpetition is unnecessary for present or prospective public use, the legislative body may adopt a resolution vacating the street, highway, or public service easement. The resolution of vacation may provide that the vacation occurs only after conditions required by the legislative body have been satisfied and may instruct the clerk that the resolution of vacation not be recorded until the conditions have been satisfied. As mentioned above, traffic analysis shows that approximately half of the traffic volume on "A" Avenue between East 28 and 30th Streets is dealership traffic. Furthermore, the analysis shows that East 28th Street will continue to function at an acceptable level (LOS C) with the redirected traffic resulting from closure of "A" Avenue. Likewise, the National City Blvd. and East 28th Street intersection will also continue to operate safely. Public access to residential areas will continue to be provided via East 28th Street, which leads to the residential neighborhood east of the property. Although the distance will be slightly further (14-mile), residents will continue to have access to eastbound 30th Street via National City Blvd. Public access to the commercial properties south of the proposed vacated area will also continue to be provided by the remainder of "A" Avenue, which has access to East 30th Street. However, it should be pointed out that an area resident has stated that the East 28th Street/National City Blvd. intersection is not as safe or accessible as the East 30th Street/"A" Avenue intersection (see "public correspondence" section above). Based on these facts, partial closure of "A" Avenue will not impede on the present or prospective public use of the remainder of the street. Emergency access would be maintained for the surrounding area and to the new dealership. In addition, partial vacation of "A" Avenue would allow for comprehensive redevelopment of the dealership 318 of 535 and a subsequent reduction in traffic through adjacent residential neighborhoods. However, those in the adjacent neighborhood would not be able to access southbound National City Blvd. from westbound 30th Street after the vacation. Summary The General Plan Circulation Element does not identify the area as a major road (arterial or collector), and the proposed street vacation does not conflict with the policies and goals of the General Plan. Furthermore, the traffic counts in this location are low and largely attributed to the applicant. All occupant and emergency access will be maintained with relation to the businesses operating on the street, both north and south of the proposed vacated street, and the circuity caused by the closure is minor, albeit less convenient. Traffic and accident data has been compiled and analyzed and no impacts noted. Finally, ample notice has been provided to owners and occupants in the area. j 319 of 535 RECOMMENDED CONDITIONS OF APPROVAL 2013-23 SC — A Avenue — Frank Motors General 1. This Street Closure authorizes the vacation of 60 feet by 250 feet of "A" ° enue south of East 28th Street. Except as required by conditions of approval, all ans submitted for permits associated with the project shall conform to Exhibit A- -vised, Case File No. 2013-23 SC dated 5/23/2016. 2. Within four (4) days of approval, pursuant to Fish and Ga ► e Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, e applicant shall pay all necessary environmental filing fees for the San Diego • unty Clerk. Checks shall be made payable to the County Clerk and submitted o the National City Planing Department. Fire 3. Plans submitted for improvements must .. ply with the current editions of the California Fire Code (CFC) and National Fi Protection Association (NFPA). 4. Identification signs shall be posted f► all utilities such as natural gas and fire sprinkler system. Please contact the ational City Fire Department for direction and copy of requirements. 5. Fire department access roads all meet the requirements of the 2013 California Fire Code Section 503 Fire • •paratus Roads. Facilities, buildings or portions of buildings hereafter constru - d shall be accessible to Fire Department apparatus by way of an approved fire a -. paratus access road with an asphalt, concrete or other approved driving surface apable of supporting the imposed load of a fire apparatus weighing at least 75,0►0 pounds. Fire department access roads shall have an unobstructed width • not less than 20 feet for emergency vehicle travel. Where required by the fir= code official, approved signs or other approved notices or markings that incl • e the words NO PARKING -FIRE LANE shall be provided for fire apparatus acce - roads to identify such roads or prohibit the obstruction thereof. Fire apparatus -ccess roads shall not be obstructed in any manner, including the parking of ve ► cles. 6. Roads or - eys 20 to 26 feet wide shall be posted on both sides as fire lanes. 7. If autom is gates are used, emergency strobes shall be for entrance and egress if appli - .le. 8. The ational City Fire Department shall be involved with ail fire inspections for this sit- Rough inspections of all phases of work are required. 9. • 48 hour notice is required for all inspections. E • ineerin . The Applicant shall submit a plat and legal description of the proposed area of the street vacation and any applicable street dedication. 320 of 535 11. The Applicant shall submit a title report for all properties adjacent to the po "A" Avenue to be vacated. 12. The street vacation document shall provide all necessary easeme . - as required by the various utility companies. 13. The street vacation document shall provide to the City of ational City a twenty foot access and sewer easement ten feet on either side o e existing center line of the portion of "A" Avenue to be vacated. 14. The street vacation document shall provide • the City of National City a drainage easement over that portion of "A" Avenue • be vacated. 15.The Applicant shall submit plans a details of all gates, fences, barricades and appurtenances proposed to be i : ailed at either end of the vacated portion of "A" Avenue. 1 Planning 16.Access to all existing . ilities that reside in the area to be vacated, including water mains, power and elephone poles, and a sewer main shall be maintained or abandoned/relo ed as required by the respective utility owner. 17.If the propo d cul-de-sac is constructed in the public right-of-way or in the event that the c -de-sac is dedicated as public right-of-way in the future, the cul-de-sac shall b- designed per American Association of State Highway and Transportation Offici s (AASHTO) standards to accommodate the turning radius of a 30-foot ov all length and/or 20-foot wheelbase single -unit vehicle. 18. e proposed cul-de-sac shall be marked as red curb/no parking to the satisfaction of the City Engineer. rev pt.,4sCroft 321 of 535 RECOMMENDED FINDINGS FOR APPROVAL OF THE STREET VACATION 1. That the Street Vacation as described on the attached plans is unnecessary for present or prospective public use, since emergency access will continue to be provided to surrounding areas; access to residential and comrnercial properties in the area will be maintained; and that the existing street network is adequate to accept redirected traffic, while still maintaining an acceptable level of service and operating safely. 2. That the Street Vacation as described on the attached plans is in compliance with the National City General Plan, since the portion of "A" Avenue to be vacated serves minimal non -area occupant traffic and is not identified as an arterial or collector street in the Circulation Element of the G ,neral Plan. Furthermore, all resident and emergency access will be maintained to adjacent neighborhoods. 322 of 535 Site Photos — 2013-23 SC — A Avenue — Frank Motors A Avenue looking northbound A Avenue looking southbound 323 of 535 Technical Memorandum — Executive Summary To: Jerry Drewett, Frank Motors Group, Inc. From: Marc Mizuta, STC Traffic Date: April 30, 2015 Re: Updated Analysis and Traffic Volume Data for A Avenue Closure, National City This technical memorandum provides an executive summary of the data collection and analyses performed for the closure of A Avenue between 28a' Street and 30th Street over the last year. Table 1 summarizes the traffic volumes and Table 2 summarizes the operational analysis of the National City Boulevard/28th Street intersection. Table 1 • A Amarillo Trrfar Ciummo Traffic Volume Data Weekday Avg • Couna Date PAR 70I1 I Jail 2015 I Apr 2015 Vehicles 540 (200 NB, 340 SB) 544 (205 NB, 339 SB) 558 (232 NB, 326 SB) Pedestrians n/a 17 (6 NB,11 SB) 31 (15 NB, 16 SB) Bicycles n/a 5 (3 NB, 2 SB) 7 (4 NB, 3 SB) Veh. Carrier Trucks n/a n/a 4 Weekend Avg Vehicles n/a 304 (129 NB, 175 SB) 317 (117 NB, 200 SB) Pedestrians n/a 15 (6 NB, 9 SB) 27 (8 NB, 19 SB) Bicycles n/a 3 (2 NB, 1 SB) 7 (4 NB, 3 SB) Veh. Carrier Trucks n/a n/a 1 Table National City Mad & 23t St De! In to rs ect iori National City Blvd & 28th St Summar'V €P ak Hour AM PM Clclayf i oS with A Av[ Chosuure May ..014 Jan 2015 Apr 20:i S n/a 20.9/C 32.9/D 14.7/B 1 12.1/B Summary ▪ The weekday and weekend average traffic volumes along the mid block section of A Avenue ranged between 540 and 558 vehicles and between 304 and 317 vehicles, respectively. • The pedestrian and bicycle volumes observed over the 7-day period were low and resulted in an average of 30 pedestrians and 7 bicycles. ▪ A total of 22 vehicle carrier trucks were observed to park along A Avenue over a week and the majority of vehicles arrive during the morning hours. The National City Boulevard & 28th Street intersection would operate at an acceptable LOS D or better during both the AM and PM peak -hour after the closure of A Avenue. Page 1 324 of 535 Traffic Volumes at National City Blvd & 28th St Turning movement volumes were obtained at the National City Boulevard & 28th Street intersection on Tuesday, April 7, 2015 during the AM (7:00 am to 9:00 am) and PM (4:00 pm to 6:00 pm) peak periods. Sweetwater High School was in session during the dates of the count. Figure 2 illustrates the existing peak -hour traffic volumes. As shown in the figure, the majority of the traffic travels north along National City Boulevard in the AM peak and reverses direction during the PM peak. Traffic volumes along 28th Street are low in both the AM and PM peak -hour. Appendix A contains a copy of the peak -hour intersection turning movement volumes. Figure 2: Existing peak -Hour Traffic Volumes Traffic Volumes Along A Avenue (28t' Street to 30th Street) Traffic volume data was obtained along the midblock segment of A Avenue between 28th Street and 30th Street for an entire week beginning on April 6, 2015 and ended on April 12, 2015. Table 1 provides a summary. Page 2 325 of 535 M6•.0. Trip Redlistrlbution with A Avenue Closure Existing With A Avenue Closure Traffic Volumes Figure 4 illustrates the existing peak -hour traffic volumes at the National City Boulevard & 28th Street Intersection assuming the closure of A Avenue between 28th Street and 30th Street. Page 6 326 of 535 Figure 4: Existing Peak -Hour Traffic Volumes With A Avenue Closure 3. Analysis An intersection level of service (LOS) analysis was conducted at the National City Boulevard & 28th Street intersection. SimTraffic was utilized to analyze the intersection. Delays reported refer to the average total delay for the worse movement at the intersection, which corresponds with the westbound approach of 28th Street. Table 5 summarizes the intersection analysis with the redistributed traffic volumes from the A Avenue closure. Results were compared to Existing Conditions, which included the increase in delay that would be incurred with the closure of A Avenue. Page 7 327 of 535 CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950-4397 619-336-4228 phone / 619-336-4229 fax Michael R. Dalla, CMC - City Clerk NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of National City will hold a Public Hearing afte the hour of 6:00 p.m., Tuesday, June 7, 2016, in the City Council Chambers, 124_ National City Blvd., National City, California, to consider a: STREET VACATION VACATING A SEGMENT OF 'A' AVENUE LOCATED SOUTH OF EAST 28TH STREET AND NORTH OF EAST 29TH STREET. (Applicant: Frank Motors / Case File No. 2013-23 SC) The applicant proposes to vacate approximately 250 feet of the 60-foot wide right-of-way between East 28th Street and East 29 h Street (closed in 1968). The proposed right-of-way to be vacated currently provides access to the two adjacent properties occupied by Frank Motors. The vacation would make the business more efficient and would facilitate future expansion of the business. This Vacation Proceeding is conducted under Division 9, Part 3, Chapter 3, of the California Streets and Highways Code. A map referencing the proposed street and alley vacation is on file at the National City Planning Department. Any person interested in this matter may appear at the above time and place and be heard. Members of the public are invited to comment. Written comments should be received by the National City; Planning Department on or before 5:30 p.m., June 7, 2016. If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the public hearing entity conducting the hearing at, or prior to, the public hearing. May 25, 2016 Michael R. Della, CMC City Clerk i 328 of 535 fl I1 - w► vlik NAL rvcoapoimpita CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF EXEMPTION TO: County Clerk County of San Diego P.O. Box 1750 1600 Pacific Highway, Room 260 San Diego, CA 92112 Protect Title: 2013-23 SC Project Location: "A" Avenue south of East 28th Street, National City, CA 91950 Contact Person: Martin Reeder Telephone Number: (619) 336-4313 Description of Nature, Purpose and Beneficiaries of Protect: Vacation of a portion of 60-foot by 250-foot portion of "A" Avenue south of East 28th Street. Applicant: Jerry Drewett — Frank Motors 2400 National City Blvd., National City, CA 91950 Telephone Number: (619) 507-4336 Exempt Status: Categorical Exemption. Class 5 Section 15305 (Minor Alterations in Land Use Limitations) Reasons why protect is exempt: There is no possibility that the proposed vacation will have a significant impact on the environment since the area to be vacated is a developed street and will remain in a vehicular capacity, is not identified as a major road (arterial or collector) in the Circulation Element of the General Plan, and is not identified for any future street or alley extension in or near the subject area. Date: MARTIN REEDER, AICP Principal Planner 329 of 535 56S ID OCC Ei`2no is • r `34A, CASE FILE NO.: DATE: 5fZ31j SC 11 IIII11I 1 II 4 G.. lIVI `\ 1WIL C 1 A -a= .�,.a Ko.,' � �a, A' AVENUE • MENU MOMPLWL Mr Y 7t7 •` ': . L:7'4'GT" lI �,(I Imo. I r• E. 0 a v �- ,. I {� 11 l« l a g �-- -1 ..- .y^.-,3 .'... ..,r -.- eF ._ 'may , r SEE tizt El LI w� �1te= t.ipe Ire•Om' .. as .spra.xa _ .�, . v •sr R ]. t °-r- sn r'n 6 Z ?=° l�I1 is e �ae • smou, / { r _ - :S NATIONAL CITY BLVD] Martin Reeder From: Sent: To: Cc: Subject: Vince Ferrer <vferrer@mcmillin.com> Tuesday, May 24, 2016 10:38 AM Martin Reeder scoff@mcmillinrealty.net RE: "A" Avenue vacation - public hearing 3/17/15 Thanks Martin...We have been in contact with Jerry Drewett and have seen this concept and have discussed our concerns, Regarding the cul-de-sac, we'd like to ensure that the design criteria used is sufficient for proper turnaround for vehicles that are used in industrial/commercial. l don't know if 30' is adequate. Can you provide a technical reference to something that shows appropriate dimensions for this typie of street? We like that they are proposing turning aprons into curbs which will increase parking availability if the street is closed, but chink there needs to be some control measures to ensure parking is available for the remaining properties on A Street. Thanks, Vince Vincent' Ferrer I EVP mcmiitin, LLC. _;errors rncrnilln.coc 619.818.0344 From: Martin Reeder[mailto:rnreeder@nationalcitvca.govl Sent: Tuesday, May 24, 2016 10:03 AM To: Vince Ferrer <vferrer@mcmillin.com> Cc: scott@mcmillinrealtv.net Subject: RE: "A" Avenue vacation - public hearing 3/17/15 Hi Vince, Here is a copy of the public hearing notice for the "A" Avenue street closure (June 7, 2016). The most recent set of plans now shows a cul-de-sac at the south end of the proposed area to be vacated (see attached). Thanks, Martin Reeder, AICP [ Principal Planner City of National City) Planning Department 1243 National City Blvd. National City, CA 91950 mreederPnationalcitvca.Rov) www.nationalcityca.Rov P: 619-336-4313) F: 619-336-4321 the City of National City is open Monday through Thursday from 7:00 am to 6:00 pm. offices are closed an Friday From: Vincent Ferrer imailto:vferrer@ mcmillin.com] Sent: Monday, May 09, 2016 12:28 PM To: Martin Reeder Subject: Fwd: "A" Avenue vacation - public hearing 3/17/15 1 331 of 535 Hello Martin, I'm following -up on the current activity of this project that we are hearing from other neighbors, although we have not been made aware by either the applicant or the City. I saw Michael Fellows on Thursday while I was at the counter, and he didn't seem to find any actual submittal and said he'd leave a message for you to contact me. We remain concerned as before that the road standard to simply close off the street with a wall and gate without a bulb or cul-de-sac. I'd like to see anything that is available for the public to review. Please advise, thanks. Vince 619-818-0344 vferrer(4mcmil lin.com Forwarded message From: Martin Reeder <mreeder@,nationalcityca. gov> Date: Mon, Mar 9, 2015 at 11:55 AM Subject: "A" Avenue vacation - public hearing 3/17/15 To: "scott@mcmillinrealtv.net" <scott@mcmillinrealty.net> Good morning, I am following up to make sure you have received notice of the continued public hearing for the Frank Toyota request. Notice of the hearing is attached. The Council Agenda Packet will be available online this corning Thursday. Please let me know if you have any questions. Thanks, Martin Reeder, AICP j Principal Planner City of National City I Planning Department 1243 National City Blvd. National City, CA 91950 mreedder[a7nationalcityca.gov ; www.nationalcityca.gov 2 332 of 535 P: 619-336-4313 i F: 619-336-4321 • 'YEARS The City of National City is open Monday through Thursdays, 7:00 am to 6:00 pm; Offices are closed on Friday Pl��se iddn't prim 4fai e-mail ante necc sry, ftr Vincent G. 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Ct4- 1 i S rcx 11 raj )n 4405 1 CStt h r e h s Jee. r1ayi S .e r-'- .e() r• -e- d e ' 1 r S h i► , l& 0 -hmayor Was o� -ev?.5 o s ptAki A et/Do u Ao 9 a s .E b dic.# h .k d' • i 'e W 41 7 � . c, o y` p.e r e.-i-1 ;( o /i o dr, e 5 T A o n e s G+ he 6/email-silt" Ao es /30 z&I h.te / 0 ne_ a j'`awny AD nit 336 of 535 memmat June 3, 2016 VIA EMAIL to mreeder@nationalcityca.gov Martin Reeder, AICP Principal Planner Planning Department City of National City 1243 National City Blvd. National City, CA 91950 RE: STREET VACATION VACATING A SEGMENT OF 'A' AVENUE LOCATED SOUTH OF EAST 28TH STREET AND _ORTH OF EAST 29TH STREET (Applicant: Frank Motors / Case File No. 2013-23 SC) Dear Martin: We are unable to attend the Public Hearing on June 7, 2016 on the referenced matter, but would like to submit our written comments for consideration. We prefer no change, however, if City Council does vote to approve the street closure of 'A' Avenue, we believe the following conditions of approval are reasonable requests to mitigate the impacts: 1. A cul-de-sac with a sufficient radius be installed that accommodates turnaround of vehicles that are typical in industrial/commercial-zoned areas. a. We understand the proposed design includes a cul-de-sac with a 30-foot radius, which doesn't not appear to meet the City's design criteria, which refers to the County's criteria: http://www.sandiegocounty.gov/dpw/engineer/engineerpdf/designstds.pdf (See DS- 06). The table indicates a 38-foot radius for a street with a 60-foot R/W. b. It was reported that the 30-foot radius was per the City engineer, with consideration given to the fact that the fire department would have through access. However, the Applicant's vehicle transports and fire department are not the only vehicles that need consideration. c. The remaining properties on 'A' Avenue, including our property, receive commercial deliveries, which are sometimes curbside, depending on the size of the delivery vehicle. A no -through street with an insufficient design to turnaround could potentially trap a large delivery vehicle, forcing difficult maneuvers to exit. d. Further, with Transportation Avenue, the other nearby street parallel to National City Blvd., striped with diagonal parking, `A' Avenue is an attractive location for other transport vehicles to stage or park. We have observed transports not affiliated with the Applicant using `A' Avenue, such as Volkswagen, Ford and others, including used vehicles, presumably because there are no other alternatives. These vehicles would have a difficult turnaround. e. A good example and precedent that could be a model for the 'A' Avenue offset cul-de- sac design is just a block south at 111 E 318t Street, with the same 60-foot R/W dimension. We have not analyzed that design in detail, but it appears to have 38-foot radius. 101 East 30th Street I National City, California 91950 337 of 535 Mr. Martin Reeder June 3, 2016 Page 2 2. The driveway aprons on the north side of `A' Avenue should be converted to City -standard curb and gutters. The Applicant's representative, Jerry Drewett, explained this would be included in the proposed design, and we agree this should be required as compensation for the lost street parking due to the street closure. 3. Parking limitations on 'A' Avenue should be required to ensure it is available for visitor and shorter term parking for the remaining properties impacted by the proposed closure. a. Currently, 'A' Avenue is used for parking by personnel who work at the nearby businesses and dealerships, other than the Applicant's employees. In addition, we observe long-term parking by commercial and recreational vehicles. b. While the creation of additional parking by converting the driveway aprons to curbs helps, measures should be required to ensure such king is available for the remaining properties on 'A' Avenue. Any such time limits sh 11 have parking enforcement to be effective. We understand the benefits of closing 'A' Avenue for the Applicant and do not wish to oppose their efforts to improve business efficiencies, but we believe these conditions stated are reasonable to mitigate the potential impacts on business function and values of the remaining properties, and appreciate they be considered in the Council's decision. Respectfully Submitted, 30th & A Street, LLC by McMillin, LLC /fits 44 cott M. McMillin President scott@mcmillin.com 1619.977.4040 338 of 535 CC/CDC-HA Agenda 6/21/2016 — Page 339 The following page(s) contain the backup material for Agenda Item: Public Hearing - Confirming the assessment and ordering the levy for the Landscape Maintenance District No. 1 (Mile of Cars) for Fiscal Year 2016/17. (Planning) **Companion Item #26** 339 of 535 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 21, 2016 AGENDA ITEM NO. ITEM TITLE: Public hearing confirming the assessment and ordering the levy for the Landscape Maintenance District No. 1 (Mile of Cars) for Fiscal Year 2016/17. (Planning) PREPARED BY: Raymond Pe, Principal Planner PHONE: 336-4421 I APPROVED BY: DEPARTMENT: Planning Division EXPLANATION: On June 7, 2016, the City Council declared its intention to conduct a public hearing concerning the levy of assessments for Landscape Maintenance District No. 1(Mile of Cars). At the June 7, 2016 meeting, the City Council initiated the proceedings for the levy and collection of assessments and approved the Annual Report ("Engineer's Report'), which identifies the assessment to be levied and the work program to be conducted by the Mile of Cars Landscape Maintenance District. This public hearing is to receive any public comments on the levy and collection of these assessments for Fiscal Year 2016/17. FINANCIAL STATEMENT: Not Applicable. ACCOUNT NO. APPROVED: APPROVED: Finance MIS ENVIRONMENTAL REVIEW: This action is not subject to the California Environmental Quality Act since it is not a project as defined in the California Code of Regulations, Section 15378. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Conduct the public hearing. BOARD / COMMISSION RECOMMENDATION: Not applicable. ATTACHMENTS: 2016/17 Engineer's Report (Annual Report) 340 of 535 City of National City Landscape Maintenance District No. 1 (Mile of Cars) Engineer's Report Fiscal Year 2016/17 Main Office 32605 Temecula Parkway, Suite 100 Temecula, CA 92592 Toll free: 800.676.7516 Fax: 951.296.1998 Regional Office 870 Market Street, Suite 1223 San Francisco, CA 94102 Toll free: 800.434.8349 Fax: 415.391.8439 341 of 535 CITY OF NATIONAL CITY LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MILE OF CARS) 1243 National City Boulevard National City, CA 91950 Phone - (619) 336-4241 Fax - (619) 336-4239 CITY COUNCIL Ron Morrison, Mayor Jerry Cano, Vice Mayor Albert Mendivil, Councilmember Mona Rios, Councilmember Alejandra Sotelo-Solis, Councilmember CITY STAFF Leslie Deese, City Manager Brad Raulston, Executive Director Ray Pe, Principal Planner DISTRICT STAFF Leslie Larranaga-Brikt, Executive Director NBS Pablo Perez, Project Director Brian K. Thomas, Assessment Engineer Brian Brown, Associate Director Reena Arvizu, Financial Analyst 342 of 535 TABLE OF CONTENTS 1. ENGINEER'S LETTER 1-1 2. OVERVIEW 2-1 2.1 Introduction 2-1 2.2 Description of the District Boundaries 2-1 2.3 Description of Improvements 2-1 2.4 Description of Maintenance 2-2 3. ESTIMATE OF COSTS 3-1 3.1 District Budget 3-1 3.2 Reserve Fund 3-2 4. ASSESSMENT DIAGRAM 4-1 5. ASSESSMENTS 5-1 5.1 Method of Apportionment 5-1 5.2 Maximum Annual Assessment Rates 5-5 5.3 Assessment Roll 5-5 343 of 535 1. ENGINEER'S LETTER WHEREAS, the City Council of the City of National City (ttte "'City'), State of California, directed NBS Government Finance Group, DBA NBS ("NBS") to prepare and file a report presenting plans and specifications describing the general nature, location and extent of the improvements to be maintained, an estimate of the costs of the maintenance, operations and servicing of the improvements for the City's Landscape Maintenance District No. 1 (Mile of Cars) (the °District°) for Fiscal Year 2016/17. The report includes a diagram for the District, showing the area and properties proposed to be assessed, an assessment of the estimated costs of the maintenance, operations and servicing the improvements, and the net amount upon all assessable Tots and/or parcels within the District in proportion to the special benefit received and; WHEREAS, the assessment for each parcel is in compliance with the Proposition 218 Omnibus Implementation Act and Section 4 of Article X1II D of the California Constitution. The proposed assessment is not proposed to increase by more than the 10% annual increase approved at formation of the District over the Fiscal Year 2015/16 maximum assessment. NOW THEREFORE, only special benefits are assessed and any general benefits have been separated from the special benefits for purposes of this report. The following assessment is made to cover the portion of the estimated costs of maintenance, operation and servicing of said improvements to be paid by the assessable real property within the District in proportion to the special benefit received: Summary of Assessment Fiscal Year 201E6/17 Amounts Annual Budget $155,735.97 (Less) General Benefit Contribution by City (12,704.26) (Less) Rounding Adjustment (1) (0.21) Annual Assessment $143,031.50 (1) Adjustment made to select parcels since amounts placed on the tax roll must be rounded down to even cents. I, the undersigned, respectfully submit the enclosed Engineer's Report and, to the best of my knowledge, information and belief, the assessments herein have been prepared and computed in accordance with the assessment methodology adopted and approved by the City Council at the time of district formation. Brian Thomas, Assessment Engineer City of National City —Landscape Maintenance District No. 1 (Mile of Cars) 1-1 Prepared by NBS — Fiscal Year 2016/17 344 of 535 2. OVERVIEW ■ 2.1 Introduction The City formed the District to provide maintenance services to benefit certain parcels in the City. The District was formed in 1995 and the levies are made pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highway Code (the "Act"). The City designated the Mile of Cars Association as the entity that maintains and administers the improvements and services funded by the District. The 2016/17 Engineer's Report (the "Report") describes the District and the annual assessment per parcel for Fiscal Year 2016/17 which is based on the historical and estimated costs to maintain the improvements and provide the services that benefit parcels within the District. The word "parcel," for the purposes of this Report, refers to an individual property assigned its own Assessor's Parcel Number by the San Diego County Assessor's Office. The San Diego County Auditor -Controller uses Assessor's Parcel Numbers and specific Fund Numbers to identify on the tax roll, properties assessed for special district benefit assessments. Following consideration of public comments at a noticed public hearing, and following review of the Report, the City Council may confirm the Report as submitted, and may order the levy and collection of assessments for Fiscal Year 2016/17. If approved, the assessment information shall be submitted to the County Auditor -Controller, and included on the property tax roll for each benefiting parcel for Fiscal Year 2016/17. 2.2 Description of the District Boundaries The District's improvements arc generally located along National City Boulevard and bounded by 1$"' Street to the north and 33`d Street and State Route 54 (SR 54) to the south. 2.3 Description of Improvements A general description of the improvements to be maintained under these proceedings is described as follows, but, shall not be limited to: 1. Median Improvements • Landscape planting and irrigation • Colored concrete hardscape • Lighting system • Graphic panels, banners and signage • Painted crosswalks • Identification sign at 23rd Street and McKinley Avenue City of National City — Landscape Maintenance District No. 1 (Mile of Cars) 2-1 Prepared by NBS — Fiscal Year 2016/17 345 of 535 2. Frontage Improvements a improvements to parkways on both sides of National City Boulevard between 18th Street and 33`d Street 4 Landscape planting and irrigation • Colored concrete sidewalks and mow curbs a Street furniture 2.4 Description of Maintenance The maintenance of the improvements shall include the furnishing of services and materials for the ordinary and usual maintenance and servicing of the improvements, including but shall not be limited to: 1. General Plant Maintenance • Mowing, trimming, pruning and weeding • Watering, including water usage • Fertilizing • Plant replacement • Periodic skinning of palm trees 2. Maintenance of Irrigation System • Adjustment of timers • Repair/replacement of worn-out, stolen or malfunctioning equipment 3. Periodic restriping of decorative crosswalks 4. Periodic repainting of metal benches and trash receptacles 5, Periodic repainting and repair of light poles, graphic panels, signage and other miscellaneous equipment 6. Maintenance of electrical system • Bulb replacement • Repair/replacement of worn out or malfunctioning equipment • Electrical energy charges 7. Litter removal 8. Trash pick-up 9. Other repairs of damage caused by vandalism and/or traffic accidents City of National City — Landscape Maintenance District No. 1 (Mile of Cars) 2-2 Prepared by NBS — Fiscal Year 2016/17 346 of 535 3. ESTIMATE OF COSTS 3.1 District Budget The cost of servicing, maintaining, repairing and replacing the improvements as described in the Description of Maintenance are summarized in the table below. Estimated expenditures are shown along with the incidental expenses to be funded by the District. The following table summarizes the components that make up th costs for the District: e Fiscal Year 2016117 estimate of Description Median Frontage Improvements Improvements Total Maintenance Costs 1. Lawn planting care 2. Median planting care 3. Palm tree maintenance 4. Water usage 5. Refurbishment of graphic panels 6. General maintenance of electrical system/lights 7. Electrical usage 8. Refurbishment of decorative crosswalks 9. Reserves Total Cost of Annual Maintenance: Incidental Expenses A. Administration B. Other contractual obligations(1) C. Engineering 0 City expenses E. Consultant fees F, County collection fees Total Incidentals: Total Estimated Annual Cost: (Less) General Benefit Contribution (2): $0.00 20,556.06 4,095.00 13,836.67 13,000.00 3,046.11 15,000.00 750.00 250.00 $70,533.84. $3, 000.00 4,500.00 250.00 2,750.00 1,947.29 2.30 S12,449.59 $82,983.42 ($6,848.84) $41, 371.29 0.00 4,095.00 13, 836.67 0.00 0.00 0.00 750.00 250.00 $60,302.96 $3,000.00 4,500.00 250.00 2,750.00 1,947.29 2.30 $12,449.59 $41,371.29 20, 556.06 8,190.00 27,673.34 13,000.00 3,046.11 15,000.00 1,500.00 500.00 $130,836.80 $6,000.00 9,000.00 500.00 5,500.00 3,894.57 4.60 $24,899.17 $72,752.54 $155,735.97 ($5,855.42) 1512,704.26) TOTAL ANNUAL ASSESSMENT(3): $76,134.59 $ 66, 697.13 $143,031.71 (1) Includes legal, accounting and advertising. (2) General benefit contribution will be funded from other sources and is not being paid from annual assessments. (3) Allow for minor rounding error. Annual budget does not include installment rounding adjustment of $0.21. City of National City- Landscape Maintenance District No. 1 (Mile of Cars) Prepared by NBS - Fiscal Year 2016f17 3-1 347 of 535 3.2 Reserve Budget The City may establish and collect reserve funds for the District in order to pay for the maintenance and servicing of the improvements prior to December 10 of the fiscal year, or whenever the City expects to receive its apportionment of special assessments and tax collections from the County, whichever is later. The fund may be allowed to accumulate in anticipation of any unforeseen expenses not included in the yearly maintenance costs. The following table details the current and projected reserve fund balances: Reserve Fund Reserve Fund Reserve Fund 12131/2015 Collection/Reduction 613012017 Balance FY 2016/17 Projection $116,660.00 $500.00 $117,160.00 City of National City— Landscape Maintenance District No. 1 (Mile of Cars) 3-2 Prepared by NBS — Fiscal Year 2016/17 348 of 535 4. ASSESSMENT DIAGRAM The Assessment Diagram sets forth (a) the exterior boundaries of the District and (b) the lines of each lot or parcel of land within the District. The Assessment Diagram further identifies each lot or parcel by a distinctive number or letter. For a detailed description of the lines and dimensions of any lot or parcel, reference is made to the County Assessor's Map applicable for the next fiscal year, which map shall govern for all details concerning the lines and dimensions of such lots or parcels. The following pages provide a copy of the Amended Assessment Diagram for the District. City of National City — Landscape Maintenance District No, 1 (Mile of Cars) 4-1 Prepared by NBS — Fiscal Year 2016/17 349 of 535 MO Of NO MOM OF 11E COY C7DR OP INC COY OF NATIONAL SOY W7E.DAY CF^ 1MC& CITY ERK CITY OP NATIONAL coy STA5 CIF CIAFOIMA LSD 41 11£ ORSC4 Or WE 'RIP OF STRELIN OF WE Cif OF NATI011A1 CITY TES _DAY Cr TW4. SIIPaRYIBIIEirr O 'ISMI E16 CRY OF MAINRIAL CITY SIAM ar CALIFORNIA AM AS4M91 NT TOM WOO !Y INC CRY COMM ON 11E LOT$ ARC PARCELS OF LAM7HOIRI ON 1NI1T AOMMISI1E1IT OIA00140L IA9 WAS @ Al THE ---CAT CF -- . - non SAID AMES1Y91T 91ACRAN AID n6 POSESTIOE0T RCM N RE AECORTIED IA 11E Mite CF TH0 S PERKIVITENT CIF 0511573 or woo cm RI 1HE DAY OF 1.115 # 9BJI $ WOE 1O 191 JuntoraTorr RCIL RECCIIIIED CI WE OFFICE OF OM 9IIP9gRTer:1w CF a11RR R1 FOR THE EAT AMMO CF EACH ATOMNSANY LEWD AMMO"' EACH PARCH. OF LAP RRIMA ON k1$ AS91S9191f 6tAPAWA. clfr tar RIY Cr NATm& CITY HFA1E Of CAIIFOIWA FLED no OAT or - --, MIIom1�,, R7 WE ROM 0'p�ON _,il, N IIOOR.�..Of IMP OF A025500OT AMQ CCORMAOIRIY MUM 040011CM IN THE OFFICE awry worm CIF 1FE UOIRf1Y CIF SAN cowrie eat.eur =am Or ENT MOO STATE Or 014.i171411A AMENDED ASSESSMENT DIAGRAM OF LANDSCAPE MAINTENANCE DISTFIICT No.1 MILE OF CARS) crn' OF NATIONAL CITY COUNTY OP SAN moo STATE OF CALFOANIA SFIT 1 OF 3 SEEM Dd 4((•1 i1! . ' °-2rt-16 i 000- -1i , fre 455.2113..15 PIO aiou 'JYD-y¢-or 6g7p1GY 41 1 Fe 8-t-96 REVISED 5-1 6-0-02 HEMS) 6-09-03 REVISED 5-26-04 cm • IM SR IRO I COLMEY 9 F A155FApR tpg�AMN P YAPS FDR PM FAPSOPO HDTa{9 • NASLAND ENGINEERING warm: 6.412.2iMr. NI 350 of 535 rr N.E. JOB No. i45-M8 AMENDED ASSESSMENT DIAGRAM OF LANDSCAPE MAINTENANCE DISTRICT NO. 1 GALE OF CARS) CRY OF MAMMAL CITY COUNTY OF SAN DIE01O STATE OF CALJPORNIA 1i4flON . ss2-ato-+s 1 OTT BOULEVAMD 1 IRIgSC3ATAitppr MEMO 0 Xt2-0.R-fii roa strutter eatereme se termer REVISED 13.466 6- 1-97 6-19-112 REVISED 8-09`0a REVISED 5--26-04 roc IND MINEMME NATIONAL arf SHEET 2OF3 SHEETE 1 15` 1i0U.ECUO r�ct. arelt ill 5 M:7 NASLAND ENGINEERING M 11A�®M 1:41464.110.'N7 • IS NO E ORIGINAL SHEET NE. Jail Na 105-148 AMENDED ASSESSMENT DIAGRAM OF LANDSCAPE MAINTENANCE DISTRICT NO.1 (MILE OF CARS) CITY OF NATIONAL. MY COUNTY OF SAN DECO STATE OF CAUFORNiA eat-ase-u9 sri-ieo-13 ITVIMPORTAIION AVENDU 1 ANA1101011. CITY eo14LE AM rrar g-379-IS s a s 1a0 » Iw ea-aaa-a3 SHEET 3 OF 3 REVEED s+ae REVISED 8-11-97 FEV ED 8-19-O2 FEYEED 8-09-03 ROBED 5-28-04 4 NASLAND ENGINEERING 1.4. WC.. !w t ga cwa 4n -M-R me N.E..JOf No.105-148 5. ASSESSMENTS The actual assessments for Fiscal Year 2016/17, apportioned to each parcel as shown on the latest equalized roll at the County Assessor's office, are listed and submitted as Section 5.2 of this Report. The description of each lot or parcel is part of the records of the County Assessor of the County of San Diego and such records are, by reference, made part of this Report. 5.1 Method of Apportionment The law requires and the statutes provide that assessments, as levied pursuant to the provisions of the Act, must be based on the benefit that the properties receive from the improvements to be maintained. The statute does not specify the method or formula that should be used in any special assessment district proceedings. The responsibility rests with the Assessment Engineer, who is appointed for the purpose of making an analysis of the facts and determining the correct apportionment of the assessment obligation. IDENTIFY THE BENEFIT First, it is necessary to identify the benefit that the improvements to be maintained will render to the properties within the boundaries of the District. The improvements significantly improve the visual appearance of the streetscape, making the Mile of Cars a more enjoyable and desirable location for customers. The special signage and lighting provide a unifying theme, benefiting all of the properties within the District. The District's improvements and services provide benefits to both those properties within the District boundaries and to the community. The benefit conferred to property within the District will be referred to as an "aesthetic benefit." The aesthetic benefit provided by the district improvements and services are supported by the City's General Plan (the "Plan") and the Citywide Goals and Policies regarding Land Use and Community Character for its districts. The Plan states a desire to, °have the community character integrated and to ensure that physical forms, patterns, and aesthetic features advance the City's desire for a higher quality of life." The aesthetic benefits provided by the improvements and services support the following City policies outlined in the Plan: • Policy LU-5.3: Recognize the diverse needs of the City's business districts through the development of policies, design guidelines, and implementation measures specific to the unique requirements of each district. • Policy LU-5.4: Allow for adaptive reuse of vacant car dealerships and the establishment of new compatible uses along the Mile of Cars. • Policy LU-5.9: Encourage members of the business community to participate in implementing actions to improve business districts. • Policy LU-5.1 D: Assist the business community in evaluating National City's marketing and development potential and in identifying development strategies that are beneficial to the public and private sectors. • Policy LU-9.1: Design developments along mixed -use and `community corridors" for the comfort and enjoyment of pedestrians and bicyclists. This includes features such as street trees, placing buildings close to the street, de-emphasizing parking lots and garages, limited driveway cuts, traffic -calming features, clearly defined street crossings, adequate lighting, and street furnishings where appropriate_ City of National City — Landscape Maintenance District No. 1 (Mile of Cars) 5-1 Prepared by NBS — Fiscal Year 2016117 353 of 535 • Policy LU-9.4: Encourage an overall high quality streetscape design, where feasible, that promotes narrow roadways, bike lanes; on -street parking, minimal curb cuts; enhanced crosswalks; appropriate sidewalk widths, landscaped medians and parkways; street trees, planters, and wells; street lighting; street fumiture; way finding; enhanced paving; public art; and other features that contribute to the desired character for National City, where appropriate. ▪ Policy LU-11.2: Identify gateways at major entrances to the City using such features as buildings, street trees, welcome signs, decorative lighting, archways, and other design techniques to announce the gateway. • Policy LU-11.4: Recognize, maintain, and enhance the character and identity of residential neighborhoods and business districts. • Policy LU-11.7: Encourage residential and businesses to clean and maintain their properties and public spaces to further a sense of ownership and community pride. • Policy LU-11.8: Require the sensitive placement, screening, and/or treatment of utility meters, boxes, valves, vaults, switches, plumbing, wiring, fences, etc. to eliminate or minimize the aesthetic impact to the neighborhood. • Policy LU-11.9: Encourage the improvement of existing signage to help promote a more attractive street scene in business districts. The Plan states these policies are important because a positive community image and quality community design instills a sense of pride and weal -being in the community. The aesthetic benefit attained as a result of the services and improvements provided by the District is detailed below. Aesthetic Benefit The aesthetic benefit relates to an improvement in the District's visual appearance as a result of the District improvements and services. The beautification of property within the District can best be described as the ability for the property within the District to develop and operate at the property's highest and best use. Properties within the District receive the following aesthetic benefits as a result of the District's improvements and services: • Uniform and up to date streetscape and median and frontage improvements create cohesion throughout the District from 1811' Street to SR 54. This District cohesion enhances the experience for all stakeholders. • The improvements and services enhance the community identity of the Mile of Cars area, which will lead to a stronger and healthier street corridor. The image of the Mile of Cars area is improved by maintaining the median and frontage improvements. • The District revitalizes and beautifies the Mile of Cars area. This revitalization encourages new business development and existing business retention and expansion which overall reduces vacancies and increases lease rates for property, more specifically, the auto dealerships located within the District. • The streetscape improvements encourage an increase in activity throughout the District. The Mile of Cars area becomes more pedestrian -friendly, thus improving activity for residents and businesses alike. • Upgraded median and frontage amenities provided by the District enhance the appearance, desirability, and experience of the properties directly fronting the improvements provided throughout the District. The streetscape improvements add aesthetic value to property adjacent to the improvements, but the improvements also make the property appear more stable and prosperous. The aesthetic benefit received by properties within the District assists each property in developing and operating at its highest and best use. City of National City— Landscape Maintenance District No. 1 (Mile of Cars) 5-2 Prepared by NBS — Fiscal Year 2016/17 354 of 535 Separation of General Benefit Section 4 of Article XHIID of the California Constitution provides that once a local agency which proposes to impose assessments on property has identified those parcels that will have special benefits conferred upon them and upon which an assessment will be imposed, the local agency must then "separate the general benefits from the special benefits conferred," and only the special benefits can be included in the amount of the assessments imposed. General benefit is an overall and similar benefit to the public at large resulting from the improvements and services to be provided. The District improvements and maintenance services, which are more fully presented in Section 2 of this Report, will be provided within the District boundaries only. There will be no improvements or maintenance services provided by the District outside of the District boundaries. The District provides aesthetic benefits to the properties within the District. However, it is recognized that the District also provides a level of benefit to some property and businesses within close proximity to the District, as well as visitors and individuals passing through the District. Vehicular and pedestrian traffic from property within and outside of the District, as well as individuals passing through the Mile of Cars area will be able to enjoy the improvements and maintenance services. Therefore, it is necessary to quantify the general benefits created as a result of the District improvements and services. Quantification of General Benefit As previously mentioned, general benetit is an overall and similar benefit to the public at large resulting from the improvements and services which are funded by the assessment revenue. The District improvements and maintenance services will be provided within the District boundaries only. There will be no improvements or maintenance services provided by the District outside of the District boundaries. General benefits accrue to individuals "walking through' the District and to vehicles "passing through" the District. Individuals walking through the District are typically people who live in close proximity and whose origin or destination neither begins with nor ends at a parcel within the District. Any walking that begins with or ends at a parcel within the District are considered part of the special benefit for those parcels within the boundaries of the District. Vehicles passing through the District are those vehicles whose origin or destination neither begins with nor ends at a parcel within the District. Any vehicle trips that begin with or end at a parcel within the District are considered part of the special benefit for those parcels within the boundaries of the District. For the purposes of this analysis, it was determined that the general benefit quantification should be focused on vehicle trips passing through the District because National City Boulevard is a major thoroughfare which connects and provides access to SR 54. To quantify and separate the amount of general benefit received by the general population as a result of the improvements and services provided by the assessment revenue, it has been determined that general benefits accrue mainly to vehicles "passing through" the District. Meaning, any vehicle using the City's streets that lie within the boundaries of the District that is coming or going to a parcel within the District ultimately is not part of the "general public' benefitting from the proposed improvements and services. Accordingly, the separation of general benefits from special benefits will be measured by that estimated portion of vehicle trips "passing through" the District. In order to determine the estimated portion of the vehicle trips "passing through" the District, trip generation data was collected for each parcel within the boundaries of the District using San Diego County assigned land use codes and property characteristics. Each land use code was categorized and located in the ITE Trip Generation Manuals — 2nd Edition. Using the property characteristics and data gathered from the 1TE Trip Generation Manuals, the estimated amount of Average Daily Trips (ADT) was calculated for each parcel within the boundaries of the District. The ADT were then added City of National City Landscape Maintenance District No. 1 !Mile of Cars1 5-3 Prepared by NBS — Fiscal Year 2016117 355 of 535 together for each parcel residing within the boundaries of the District to arrive at a total amount of vehicle trips generated by the District which equaled 13,385 ADT. The total average vehicle trips were then compared to the average vehicle trip generation data detailed in the City of National City Comprehensive Land Use Update (Transportation and Circulation) for the streets running through the District which equaled 14,825 ADT. The comparison concluded that 90.29% of all vehicle trips passing through the District were coming or going to a parcel within the boundaries of the District, hence 90.29% of all vehicle trips passing through the District are designated as benefiting from the special benefits provided by the District. As a result, 9.71 % of all vehicle trips passing through the District are general in nature and hence, do not receive any special benefit from the District. Therefore, 9.71% of the benefits of the services are considered general benefit. Accordingly, 90.29% of the benefit from the improvements and services are considered to provide special benefit to the properties within the District and thus are subject to the assessment. APPORTIONMENT OF COSTS In further making the analysis, it is necessary that the property owners receive a special and direct benefit distinguished from that of the general public. In this case, an in-depth analysis was made and several factors are being used in the final method and spread of assessment. All of the improvements are intended to be of direct benefit to properties within the District. These improvements require significantly more maintenance than normally provided by the City. It is therefore appropriate that the properties receiving the benefit be assessed for the additional cost. Lineal frontage was assigned as the assessment variable by the assessment engineer because all of the special aesthetic benefits received by properties within the District from the improvements and services provided, using revenues from the annual assessment levy, can be quantified best by identifying the lineal frontage of the property along National City Boulevard. Lineal frontage is a tangible property characteristic that clearly ties the aesthetic benefits received by parcels within the District based upon the amount of frontage of each property, which is where the aesthetic benefit is to be received and realized. The improvements and maintenance services being provided to and enjoyed by the parcels within the District provide an aesthetic benefit not provided to any parcels outside of the District boundaries. The annual assessment is based upon a parcel's lineal frontage unless otherwise identified by the original assessment engineer, as previously approved by property owners at the formation of the District. There are generally two categories of improvements to be maintained by the District — the median improvements and the frontage improvements. The median improvements benefit all properties within the District. The improvements to the parkway (referred to herein as Frontage Improvements) benefit those properties which they abut. The specific method of spreading the assessment is described below: Median improvements 1. The total cost for maintenance of the Median Improvements is apportioned to all parcels in the District and is based on the frontage of each parcel along National City Boulevard. 2. Parcel 32 (APN 562-220-11) does not have frontage on National City Boulevard, but receives some benefit from median improvements and maintenance services benefiting properties within the boundaries of the District. As a result, the original assessment engineer determined that the parcel received a lower level of benefit and therefore assigned 100 frontage feet of benefit to the parcel. City of National City— Landscape Maintenance District No. 1 (Mile of Cars) 5-4 Prepared by NBS — Fiscal Year 2016117 356 of 535 Frontage Improvements 3. The total cost for maintenance of the Frontage Improvements is apportioned to all parcels in the District and is based on the frontage of each parcel along National City Boulevard. 4. Parcel 32 (APN 562-220-11) does not have frontage on National City Boulevard. As such, Parcel 32 receives no benefit from the frontage improvements. 5. The frontage of each parcel is determined from current assessor's maps for the County of San Diego, State of California. All frontage dimensions have been rounded to the nearest foot. 5,2 Maximum Annual Assessment Rates The maximum annual assessment to be levied on all properties within the District in any fiscal year shall be subject to an annual escalation of up to 10% based upon actual and anticipated expenditures. The annual assessment shall not exceed the maximum assessment, unless the appropriate Proposition 218 proceedings are conducted by the City to authorize an increase beyond the maximum assessment amount. The actual combined annual assessment rate for Fiscal Year 2016/17 is $15.86, which represents a 4.96% increase from Fiscal Year 2015/16. Fiscal Year Percentage Increase Maximum Frontage Rate Per Frontage Foot Maximum Median Rate Per Frontage Foot Total Maximum Rate Per Frontage Foot(1) 1996/97 N/A $3.29 $6.43 $9.72 1997198 10% 3.62 7.07 10.69 1998199 10% 3.98 7.78 11.76 1999/00 10% 4.38 8.56 12.94 2000/01 10% 4.82 9.41 14.23 2001/02 10% 5.30 5.83 _ _ 10.35 11.39 15.66 2002/03 10% 17.22 2003/04 10% 6.41 12.53 18.95 2004/05 10% 7.05 13.78 20.84 10%2005106 7.761g 1a rV. If, ([]]a 22.93 2006/07 10% 8.54 16.68 25.22 2007/08 10% 9.39 18.35 27.74 2008/09 10% 10.33 20.18 30.52 2009/10 10% 11.36 22.20 33.57 2010/11 10% 12.50 24.42 36.93 2011/12 10% 13.75 26.86 40.62 2012/13 10% 15.12 29.55 44.68 2013/14 10% 16.64 32.51 49.15 2014/15 10% 18.30 35.76 54.07 2015/16 10% 20.13 39.33 59,46 2016/17 10% 22.15 43.27 65.42 (1) Rates are truncated. Allow for minor rounding error. 5,3 Assessment Roll The proposed Fiscal Year 2016/17 District assessment roll is listed on the following page. City of National City- Landscape Maintenance District No. 1 (Mile of Cars) 5-5 Prepared by NBS - Fiscal Year 2016/17 357 of 535 City of National City Landscape Maintenance District No. 1 (Mile of Cars) Assessment Roll Fiscal Year 2016/17 APN Owner Frontage (Feet) Levy Mlsc Adjs Total 560-203-03-00 FUENTES FRANK SEPARATE PROPERTY TRUST 08-13-96 291 $4,615.49 ($0.01) 64,615.48 560-204-02-00 CAPPS DIANE L & BALL 1998 TRUST 140 2,220.51 (0.01) 2,220.50 560-204-04-00 BALL JOHN D II 190 3,013.56 (0.01) 3,013.54 560-210-01-00 HATTON RONNIE & HATTON PAM 125 1,982.60 0.00 1,982.60 560-210-04-00 LTC PROPERTIES L L C 165 2,617.03 (0.01) 2,617.02 560-210-40-00 CAPPS DIANE L & BALL 1998 TRUST 211 3,346.62 0.00 3,346.62 560-210-41-00 CAPPS DIANE L & BALL 1998 TRUST 50 793.04 0.00 793.04 560-210-42-00 LTC PROPERTIES L L C 30 475.82 D.00 475.82 56D-261-08-00 CAPPS DIANE L & BALL 1998 TRUST 270 4,282.41 (0.01) 4,282.40 560-271-07-00 CAPPS DIANE L & BALL 1998 TRUST 75 1,189.56 0.00 i 1,189.56 560-271-09-00 BALL AUTOMOTIVE GROUP 50 793.04 0.00 793.04 560-271-14-00 CAPPS DIANE L & BALL 1998 TRUST 95 1,506.77 (0.01) 1,506.76 560-271-15-00 CAPPS DIANE L & BALL 1998 TRUST 100 1,586.08 0.00 1,586.08 560-330-03-00 S K R B L P 591 9,373.72 0.00 9,373.72 560-393-03-00 PNJ PROPERTIES L L C 140 2,220.51 (0.01) 2,220.50 560-393-04-00 FALK PROPERTIES N C L L C 480 7,613.17 (0.01) 7,613.16 562-021-01-00 POLAKOFF GARY & DIANE 2401 TRUST 100 1,586.08 0.00 1,586.08 562-021-07-00 DIAZ LUIS J & MARIA G 2004 FAMILY TRUST 01-28-04 160 2,537.72 0.00 2,537.72 562-031-13-00 BALL JOHN II 110 1,744.69 (0.01) 1,744.68 562-031-14-00 BALL JOHN II 160 2,537.72 0.00 2,537.72 562-090-06-00 WEBSTER GEORGE H SECOND LIVING NON -MARITAL TRUST 270 4,282.41 (0.01) 4,282.40 562-100-13-00 BALL JOHN D II 135 2,141.20 0.00 2,141.20 562-100-14-00 WEBSTER GEORGE H SECOND LIVING NON -MARITAL TRUST 135 2,141.20 0.00 2,141.20 562-150-13-00 GEN 3 PROPERTIES ONE L L C 209 3,314.90 0.00 3,314.90 562-160-D7-00 GEN3 PROPERTIES TWO LLC 300 4,758.23 (0.01) 4,758.22 562-180-32-00 GEN3 PROPERTIES TWO LLC 82 1,300.58 0.00 1,300.58 562-180-33-00 GEN3 PROPERTIES THREE LLC 127 2,014.32 0.00 2,014.32 562-220-11-0D HARRISON RESIDUAL TRUST & VAUGHN FAMILY LIVING TRUST 02-06-13 100 B39.87 (0.01) 839.86 562-220-13-00 MCCUNE MOTORS <LF> MCCREDIE TOD C TRUST 03-28-96 (55 230 3,647.98 0.00 3,647.98 562-220-31-00 MCCUNE MOTORS <LF> MCCREDIE TOD C TRUST 03-28-96 (55 155 2,458.42 0.00 2,458.42 562-220-32-00 FRANK REAL PROPERTIES II LP 314 4,980.28 0.00 4,980.28 562-251-37-00 C V VENTURES L L C 202 3,203.88 0.00 3,203.88 562-251-38-00 C V VENTURES L L C 167 2,648.75 (0.01) 2,648.74 562-252-16-00 ERM FAMILY TRUST 11-19-91 & ERM RUDOLPH F JR 330 5,234.06 0.00 5,234.06 562-321-07-00 S 0 C PROPERTIES L L C 182 2,886.66 0.00 2,886.66 562-321-08-00 CITY OF NATIONAL CITY COMMUNITY DEVELOPMENT COMMISSI 14B 2,347.39 (0.01) 2,347.38 562-330-35-00 MOYNAHAN THOMAS W JR & DARLENE D TRS 249 3,949.33 (0.01) 3,949.32 562-330-42-00 MOYNAHAN THOMAS W JR & DARLENE D TRS 76 1,205.42 0.00 1,205.42 562-330-43-00 54INATIONAL SELF STORAGE L L C 40 634.43 (0.01) 634.42 562-340-09-00 WESTCOTT REVOCABLE TRUST 10-28-14 & PARADISE DEBRA J 300 4,758.23 (0.01) 4,758.22 562-340-47-00 MOSSY IMPORTS L L C 164 2,601.17 (0.01) 2,601.16 562-340-48-00 MOSSY IMPORTS L L C 436 6,915.30 0.00 6,915.30 562-340-49-00 ESCONDIDO DEVELOPMENT PROPERTIES L L C 291 4,615.49 (0.01) 4,615.48 562-340-50-00 PERRY MOTORS/PROPERTIES OF NATIONAL CITY L L C 300 4,758.23 (0.01) 4,758.22 562-30-69-00 FELICE REAL PROPERTIES 1 L P 290 4,599.62 0.00 4,599.62 562-340-70-00 FELICE REAL PROPERTIES 1 L P 300 4,758.23 (0.01) 4,758.22 46 Accounts $143,031,71 ($0.21) $143,031.50 Page 1 of 1 358 of 535 CC/CDC-HA Agenda 6/21/2016 — Page 359 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City confirming the assessment and ordering the levy for the Landscape Maintenance District No. 1 (Mile of Cars) for Fiscal Year 2016/17. (Planning) **Companion Item #25** 359 of 535 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 21, 2016 AGENDA ITEM NO. ! IITEM TITLE: Resolution of the City Council of the City of National City confirming the assessment and ordering the levy for the Landscape Maintenance District No. 1 (Mile of Cars) for Fiscal Year 2016/17. (Planning) PREPARED BY: Raymond Pe, Principal Planner 001.1 DEPARTMENT: PianningDivision APPROVED BY: PHONE: 336-4421 EXPLANATION: On June 7, 2016, the City Council declared its intention to conduct a public hearing concerning the levy of assessments for Landscape Maintenance District No. 1 (Mile of Cars). At the June 7, 2016 meeting, the City Council initiated the proceedings for the levy and collection of assessments and approved the Annual Report ("Engineer's Report"), which identifies the assessment to be levied and the work program to be conducted by the Mile of Cars Landscape Maintenance District. A public hearing was held on June 21, 2016 to receive any public comments on the levy and collection of these assessments for Fiscal Year 2016/17. Adoption of the resolution would confirm the assessment and order the levy for the Landscape Maintenance District No. 1 (Mile of Cars). FINANCIAL STATEMENT: Not Applicable. ACCOUNT NO. APPROVED: APPROVED: Finance MIS ENVIRONMENTAL REVIEW: This action is not subject to the California Environmental Quality Act since it is not a project as defined in the California Code of Regulations, Section 15378. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution confirming the assessment and ordering the levy. BOARD / COMMISSION RECOMMENDATION: Not applicable. ATTACHMENTS: 360 of 535 RESOLUTION NO. 2016 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY CONFIRMING THE ASSESSMENT AND ORDERING THE LEVY FOR THE LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MILE OF CARS) FOR FISCAL YEAR 2016/17 WHEREAS, the Council previously completed its proceedings in accordance with and pursuant to the Landscape and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (commencing with Section 22500) (the "Act") to establish the City's Landscape Maintenance District No. 1 (Mile of Cars) (the "Assessment District"); and WHEREAS, the City has, by previous resolution adopted on June 7, 2016, declared its intention to hold a Public Hearing concerning the levy and collection of assessments within the Assessment District; and WHEREAS, a Public Hearing has been held and concluded and notice thereof was duly given in accordance with Section 22626 of the Act; and WHEREAS, at the time and place specified in the Resolution of Intention, the City conducted such hearing and considered all objections to the assessment. NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED by the City Council, as follows: 1. Confirmation of Assessment and Diagram: The Council hereby confirms the assessment and the diagram as is described in full detail in the Annual Report on file with the Clerk. 2. Levy of Assessment: Pursuant to Section 22631 of the Act, the adoption of this Resolution shall constitute the levy of an assessment for the fiscal year commencing July 1, 2016 and ending June 30, 2017. 3. Ordering of the Levy: The Council hereby orders consultant NBS to prepare and submit the levy of assessments to San Diego County for placement on the Fiscal Year 2016/17 secured property tax roll. PASSED and ADOPTED this 21st day of June, 2016. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva City Attorney 361 of 535 CC/CDC-HA Agenda 6/21/2016 — Page 362 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the City Council to waive the formal bid process pursuant to National City Municipal Code section 2.60.220, subsection (B), sole source procurement, for the Police Departments purchas 362 of 535 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 21, 2016 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the City Council to waive the formal bid process pursuant to National City Municipal Code section 2.60.220, subsection (B), sole source procurement, for the Police Department's purchase of seventy (70) body worn cameras, cloud based storage of digital evidence, and internet data management through Evidence.com, including support services and onsite training to assist with implementation from Taser International, Inc. and authorize the City to award the purchase and authorize the Mayor to execute a five-year contract in the amount of $350,890.58 with Taser International, Inc. PREPARED BY: Robert Rounds, Police Lieutenant PHONE: (619) 336-4433 EXPLANATION: See Police Staff Report Attachment # A DEPARTMENT: Police APPROVED BY: FINANCIAL STATEMENT: APPROVED: 4_. Finance ACCOUNT NO. APPROVED: MIS FY16 - 001-411-000-518 (Public Safety Equipment) $49,878.46 FY17 - 001-411-000-299 (Contract Services) $59,884.60. $50,000 is budgeted for FY17. If additional appropriations are needed for FY17, staff will request those needed appropriations as part of the Mid -Year budget process. Appropriations for future years will be requested as part of the annual budget process. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve the Resolution BOARD / COMMISSION RECOMMENDATION: N/A. ATTACHMENTS: Attachment "A": Staff Report and attached Exhibit 1, sole source letter. Attachment "B": Agreement with Taser International, Inc. and attached Exhibits: Scope of Services, Taser Master Services and Purchasing Agreement, Taser Quotation #Q-53527-3 Attachment "C": Draft of Police Department Body Worn Camera Department Operating Procedure 1363 of 535 CALIFORNIA ,ATI0NA1 CITY INCORPORATtD DATE: June 9, 2016 TO: City Council of the City of National City FROM: Robert Rounds, Police Lieutenant SUBJECT: Staff Report: Resolution of the City Council of the City of National City authorizing the City Council to waive the formal bid process pursuant to National City Municipal Code (NCMC) section 2.60.220, subsection (B), for the police department's purchase of seventy (70) body worn cameras, cloud based storage of digital evidence, and internet data management through Evidence.com, including support services and onsite training to assist with implementation, from Taser International, Inc. SUMMARY: The police department requests authorization to enter into a five year contract with Taser International, Inc. beginning on July 1, 2016 to include the purchase of seventy (70) Body Worn Cameras (BWCs), requisite docking stations, data storage, and data management services from Evidence.com. Based on the terms of the contract, Taser International, Inc. will provide the Police Department with 11.06 Terabytes of pooled storage. It is recommended the City Council approve the Resolution of the City Council of the City of National City authorizing the City Council to waive the formal bid process pursuant to National City Municipal Code (NCMC) section 2.60.220, subsection (B) (sole source) for the purchase of seventy (70) BWCs, video storage, and related support and implementation services and award the contract to Taser International, Inc. as part of a comprehensive BWC program. BACKGROUND: The use of BWCs has been a growing national trend for law enforcement agencies due to recent high profile events. BWCs have been shown to protect people who make legitimate complaints, but also protect law enforcement agencies when people file false allegations of misconduct or excessive use of force against police officers wearing BWCs. From July 2015 through January 2016, the Police Department field tested and evaluated BWCs from the following manufacturers: WolfCom, VieVu, Watchguard, and Taser International, Inc. In addition, the Police Department interviewed representatives from other San Diego County law enforcement agencies who currently utilize BWCs, as well as representatives from the San Diego County District Attorney's Office. The manufacturer Taser International Inc. stood out as the industry leader in BWC technology specifically designed for police use and thus best suited to meet the National City Police Department's needs. The Taser International, Inc. BWC is National City Police Department 1200 National City Boulevard, National City, CA 91950-4302 619/336-4400 Fax 61 '"4 ^c'c ' w.nationalcityca.gov 364 of 535 Page 2of6 rugged, offers high quality recordings, and ease of evidence handling with their secure cloud - based digital evidence management system named Evidence.com. The Police Department staff recommends the use of Taser International, Inc. BWCs based on the fact that Taser International, Inc. is the only vendor who offers all of the following services to meet the Police Department's needs as part of its proposed five-year contract: • Taser International, Inc. offers two models of BWCs — a chest mounted option and a head mounded option. • Taser International, Inc. offers no -cost equipment upgrades of all cameras and docking stations every two and a half years based upon the terms of the proposed contract. • Taser International, Inc. offers a full warranty on all cameras and docking stations based upon the terms of the proposed contract. • Taser International's BWCs offer instant video review by officers in the field via "bluetooth" connectivity over a smart phone device. This is useful for report writing and complaint resolution. Officers cannot edit, delete, or tamper with videos in any manner. • Taser International, Inc. offers a proprietary tamper -proof design by which videos can only be uploaded to cloud -based servers via a docking station or computer. There are no data cards or drives to be removed, damaged, or lost. There are no cables to plug into a computer. • Taser International, Inc. BWCs are designed to be used in conjunction with multi -port docking stations which offer ease of use for the automatic uploading of videos and recharging the cameras. Other manufacturers require the use of individual cables and computers for saving data and charging devices, which is inefficient for the officers. • Taser International, Inc. offers internet-based "cloud" storage of videos via their Evidence.com program. • Evidence.com storage and digital evidence management system eliminates the need for expensive and complex digital evidence storage servers which must be maintained by the City's MIS Department. • Evidence.com includes several layers of security which meet federal government "cloud" security standards and provides audit information and chain of custody details regarding the video evidence. • Video evidence can be managed via the Evidence.com database and videos can be saved or deleted according to retention schedules based upon establish city policies and the law. • The amount of data storage included under Taser International, Inc.'s "Ultimate" plan is 40 Gigabytes per license. Each camera holds a license. The total data for all licenses are "pooled" together for a total of 2.66 Terabytes. In addition, the contract includes an additional purchase 8.4 Terabytes of "pooled" storage; for a grand total of 11.06 Terabytes of data storage. Based on the data usage of other agencies deploying a similar number of BWCs, this amount of data is believed to be more than adequate. • The police department is not penalized if the data storage exceeds 11.06 Terabytes. Instead, Taser International, Inc. will bill the City for any extra storage at a rate of .75 cents per Gigabyte. Any overage fees are not auto billed. Instead, Taser International Inc. would work with the police department to help lower data usage through best practices conversations. 365 of 535 Page 3 of 6 • Should the police department require a higher data plan in subsequent years, the additional data cost would be added to the contract with the same annual payment schedule. • Taser International, Inc.'s Evidence.com data management system allows the police department to monitor and track the amount of data storage being used in real time. Several law enforcement agencies in San Diego County either currently use Taser International, Inc. BWCs or will be using them in the near future. Some of these agencies include, but may not be limited to: the San Diego Police Department, Chula Vista Police Department, Coronado Police Department, Escondido Police Department, and the Carlsbad Police Department. Two of National City's neighboring law enforcement agencies to the north and south (San Diego Police Department and Chula Vista Police Department) both use the Taser International, Inc. BWCs and the Evidence.com data management system. Regional BWC standardization with the San Diego Police Department and Chula Vista Police Department will improve efficiency when sharing evidence when multi -agency events occur. It also adds to existing countywide collaborative efforts such as shared domestic violence, pursuit, and officer involved shooting response protocols. The San Diego Police Department and Chula Vista Police Department are not set up to electronically share, send, or receive BWC video evidence using any other manufacturer. The San Diego County District Attorney's office has an Evidence.com license and already works with agencies using the Evidence.com data management system to receive digital evidence (including BWC videos, still digital photographs, and audio recordings) using the Evidence.com portal. This provides seamless integration for the National City Police Department to share evidence for cases via an email link to the San Diego County District Attorney's office. This feature eliminates the need for the National City Police Department Property and Evidence Unit to burn compact discs (CDs) and physically deliver them to the San Diego County District Attorney's office in Chula Vista. The San Diego County District Attorney's office is not set up to electronically share, send, or receive BWC video or other digital evidence using any other manufacturer. As part of the BWC implementation project, the Police Department is finalizing a department operating procedure that will, among other things, direct officers when to turn on the cameras, when not to use cameras, how the collected data is to be stored, and who can access the footage and when. Over the past six months, the Police Department conducted presentations at the three Neighborhood Councils, the National City Community Police Relations Committee, and the City Council of the City of National City to share plans for the implementation of the BWC program and to solicit feedback. Feedback was overwhelmingly positive. Surveys completed by the Police Executive Research Form (PERF) with law enforcement executives around the country have shown that agencies who engaged their residents in a positive manner regarding the deployment of body -worn cameras were largely supported by the community. If the contract with Taser International, Inc. is approved by City Council, the Police Department intends to implement the use of BWCs by uniformed officers as early as October 2016. 366 of 535 Page4of6 PROCUREMENT PROCESS AND SOLE SOURCE BASIS The Police Department is requesting to waive the competitive formal bid requirement pursuant to NCMC section 2.60.220(B). Sole source procurements may be used "when there is only one source from which a particular commodity is available and there is no adequate substitute." In addition, it may be used when "it is clear that competitive bidding will not produce any competitive advantage or would be impractical or not meet any urgent procurement need." Based on the Police Department's research, the Taser International body worn cameras and cloud storage through Evidence.com meet the Police Department's needs, there is no adequate substitute, and are unique from other body cameras and data management systems in that Taser International, Inc. is the only company that offers all of the following unique features together in one package: • 143-degree lens. • 12+ hours of battery operation per shift (even in recording mode). • Video playback on mobile devices in the field via Bluetooth pairing. • Retina Low Light capability sensitive to less than 1 lux. • Audio tones and haptic (vibration) notification to alert user of usage. • Audio mute during recording option. • Wi-Fi capability. • High, medium, and low quality recording available (customizable by • Up to two -minute buffering period to record footage before pressing the ability to have sound attached. • Multiple mounting options using holster attachment: shirt, vest, belt, available. • LED lights to show current battery level and operating mode • Camera replacement to the most updated camera version every 2.5 years with a full warranty for the length of the contract. • Data management in the field using the Evidence.com mobile application for smartphone devices. • Automatic charging and uploading of data to the Evidence.com data management system using a docking station through an internet connection without the need for a stand-alone computer. • Software as a Service (SaaS) delivery model that allows agencies to manage and share digital evidence without local storage infrastructure or software needed. • SaaS model reduces security and administration by local IT staff: no local installation required. • Automatic, timely security upgrades and enhancements deployed to application without the need for any local IT staff involvement. • Controlled access to evidence based on pre -defined roles and permissions and pre- defined individuals. • Password authentication includes customizable security parameters: customizable password complexity, IP-based access restrictions, and multi -factor authentication support. the agency). record button with and dash mounts 367 of 535 Page 5of6 • Automated category -based evidence retention policies assists with efficient database management. • Ability to recover deleted evidence within seven days of deletion. • Requires no proprietary file formats. • Secure digital evidence sharing (including body worn camera footage, videos, photos, and/or audio recordings using the Evidence.com data management system with other agencies such as the San Diego District Attorney's Office, San Diego Police Department and Chula Vista Police Department. • Chain -of -Custody: Audit logs automatically track all system and user activity. These logs cannot be edited or deleted, even by account administrators and IT staff. • Taser International, Inc. offers an available upgrade to Zink with the police department's Computer Aided Dispatch system in order to automatically tag metadata information for the body worn camera videos. The cost of the upgrade is $15 per month per license, totaling $12,600.00 per year. The Police Department is not initially requesting to purchase this upgrade. The Police Department intends to perform a cost -benefit analysis for this service at a later date to determine if the service is worthwhile. See Exhibit 1, "Sole Source Letter for TASER International, Inc.'s Axon brand products and Evidence.com Data Management Solutions," for a comprehensive list of its unique goods and services. FISCAL IMPACT: The total five-year contract is $350,890.58; including all equipment, extended warranties, taxes on equipment, taxes on extended warranties, data storage and management, and training and consultation services costs. The initial equipment purchase will take place before the end of FY 2016 for a total cost of $49,878.46, which includes the one-time purchase of the BWCs, equipment, taxes, and shipping. The first year of the BWC program will take place in FY 2017. The cost of data management services, storage, extended warranties, and taxes on extended warranties for FY 2017 will be $59,884.60. If additional appropriations are needed for FY17, staff will request those needed appropriations as part of the mid -year budget process. Appropriations for future years will be requested as part of the annual budget process. Taser International, Inc. offered the Police Department a $200.00 discount per license for the Ultimate Evidence.com data storage and management plan for the first year (FY17). The discount totals $14,000.00. 368 of 535 Page 6 of 6 The cost breakdown for the five-year contract is as follows: FY 16 Equipment FY 17 Year 1 FY 18 Year 2 FY 19 Year 3 FY 20 Year 4 FY 21 Year 5 5 year total Equipment $45,760.00 $45,760.00 Service, storage, and extended warranty costs $56,776.00 $55,776.00 $55,776.00 $55,776.00 $55,776.00 $283,880.00 Taxes (on equipment and extended warranties). $4118.46 $3108.60 $4,368.60 $4,368.60 $4,368.60 $4,368.60 $24,701.46 Estimated shipping $549.12 Total Cost $49,878.46 $59,884.60 $60,144.60 $60,144.60 $60,144.60 $60,144.60 $350,890.58 ENVIRONMENTAL IMPACT: This proposed activity has been reviewed for compliance with the California Environmental Quality Act (CEQA) found under the California Code of Regulations, Title 14, Division 6, Chapter 3, Article 20, Section 15378 and is has been determined that the activity is not a "Project" as defined under the Code because it will not result in a physical change in the environment. In addition, the activity does not constitute a "Project" within the meaning of the California Public Resources Code Section 21 06 5 in that it has no potential cause to either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. Therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activing is not subject to CEQA. Thus, no environmental review is necessary. BOARD/COMMISSION RECOMMENDATION: Not applicable. EXHIBITS: Exhibit "1": "Sole Source Letter for TASER International, Inc.'s Axon brand products and Evidence.com Data Management Solutions." 369 of 535 0 TASER 17800 N. 85th St., Scottsdale, Arizona 85255' 480-991-0797 • Fax 480-991-0791 • www.laser.com January 26, 2016 To: United States federal, state, local and municipal law enforcement agencies Re: Sole Source Letter for TASER international, Inc.'s Axon brand products and Evidence.com Data Management Solutions' A sole source justification exists because the following goods and services required to satisfy the agency's needs are only manufactured and available for purchase from TASER International. TASER Digital Evidence Solution Description Axon Body 2 Video Camera • Video playback on mobile devices in the field via Biuetooth pairing • Retina Low Light capability sensitive to less than 1 lux • Audio tones and haptic (vibration) notification to alert user of usage • Audio mute during event option • Wi-Fi capability • High, medium, and low quality recording available (customizable by the agency) • Up to two -minute buffering period to record footage before pressing record button • Multiple mounting options using holster attachment: shirt, vest, belt, and dash mounts available • 12+ hours of battery operation per shift (even in recording mode) • LED lights to show current battery level and operating mode • 143-degree lens • Includes Axon Signal technology Axon Fleet Camera • In -car camera with the technological advantages of the Axon Body 2 camera • Flexible mount that enables pointing the camera in multiple directions • Automatic transition from BUFFERING to EVENT mode in an emergency vehicle equipped with the Axon Signal Unit Axon Signal Unit (ASU) Communications device that can be installed in emergency vehicles. With emergency vehicle light bar activation, or other activation triggers, the Axon Signal Unit sends a signal. Upon processing the signal, an Axon system equipped with Axon Signal technology transitions from the BUFFERING to EVENT mode. Axon Signal Performance Power Magazine (SPPM) • Battery pack for the X2 and X26P conducted electrical weapons Shifting the safety switch from the down (SAFE) to the up (ARMED) positions sends a signal from the SPPM. Upon processing the signal, an Axon system equipped with Axon Signal technology transitions from the BUFFERING to EVENT mode. Axon Interview Solution • High -definition cameras and microphones for interview rooms • Covert or overt camera installations • Touch -screen user interface 1 TASER is also the sole developer and offeror of the Evidence.com data management services. Evidence.com is both a division of TASER and a data management product solution offered by TASER. Evidence.com is not a separate corporate entity. A AXON 370 of 535 • Motion -based activation • Up to seven -minute pre- and post -event buffering period • Upload to Evidence.com services Axon Flex Camera (DVR) • Video playback on mobile devices in the field via Bluetooth pairing • Retina Low Light capability sensitive to less than 1 lux • Audio tones to alert user of usage • High, medium, and low quality recording available (customizable by the agency) • 30-second buffering period to record footage before pressing record button • Multiple mounting options using magnetic attachment: head, collar, shoulder, helmet, ball cap, car dash, and Oakley sunglass mounts available Axon Flex Controller • 12+ hours of battery operation per shift (even in recording mode) • LED lights to show current battery level and operating mode • Tactical beveled button design for use in pocket • Available with Axon Signal technology Axon Body Video Camera • Video playback on mobile devices in the field via Bluetooth pairing • Retina Low Light capability sensitive to less than 1 lux • Audio tones to alert user of usage • High, medium, and low quality recording available (customizable by the agency) • 30-second buffering period to record footage before pressing record button • Multiple mounting options using holster attachment: shirt, vest, belt, and dash mounts available • 12+ hours of battery operation per shift (even in recording mode) • LED lights to show current battery level and operating mode • Tactical beveled button design for use in pocket • 130-degree lens Evidence.com Dock • Automated docking station uploads to Evidence.com services through Internet connection • No computer necessary for secure upload to Evidence.com • Charges and uploads simultaneously Evidence.com Data Management System • Software as a Service (SaaS) delivery model that allows agencies to manage and share digital evidence without local storage infrastructure or software needed • SaaS model reduces security and administration by local IT staff: no local installation required • Automatic, timely security upgrades and enhancements deployed to application without the need for any local IT staff involvement • Securely share digital evidence with other agencies or prosecutors without creating copies or requiring the data to leave your agency's domain of control • Controlled access to evidence based on pre -defined roles and permissions and pre -defined individuals • Password authentication includes customizable security parameters: customizable password complexity, IP-based access restrictions, and multi -factor authentication support • Automated category -based evidence retention policies assists with efficient database management • Ability to recover deleted evidence within seven days of deletion • Stores and supports all major digital file types: .mpeg, .doc, .pdf, .jpeg, etc. • Requires NO proprietary file formats • Ability to upload files directly from the computer to Evidence.com via an Internet browser • Data Security: Robust Transport Layer Security (TLS) implementation for data in transit and 25E-bit TASER International. Inc. Axon Sole Source Letter Revised January 26. 2016 Page 2 AES encryption for data in storage • Security Testing: Independent security firms perform in-depth security and penetration testing • Reliability: Fault- and disaster -tolerant infrastructure in at least four redundant data centers In both the East and West regions of the United States • Chain -of -Custody: Audit logs automatically track all system and user activity. These logs cannot be edited or deleted, even by account administrators and 1T staff • Protection: With no on -site application, critical evidence stored in Evidence.com is protected from local malware that may penetrate agency infrastructure • Stability: TASER International is a publicly traded company with stable finances and funding, reducing concerns of Toss of application support or commercial viability • Application and data protected by a CJIS and ISO 27001 compliant information security program • Dedicated information security department that protects Evidence.com and data with security monitoring, centralized event log analysis and correlation, advanced threat and intrusion protection, and incident response capabilities • Redact videos easily within the system, create tags, markers and clips, search seven fields in addition to five category -based fields, create cases for multiple evidence files Evidence.com for Prosecutors • All the benefits of the standard Evidence.com services • Ability to share information during the discovery process • Standard licenses available for free to prosecutors working with agencies already using Evidence.com services • Unlimited storage for data collected by Axon cameras and Axon Capture Axon Capture Application • Free app for IOS and Android mobile devices • Allows users to capture videos, audio recordings, and photos and upload these files to their Evidence.com account from the field • Allows adding metadata to these files, such as: Category, Title, Case ID, and GPS data Axon Convert Application (Formerly Amped DVRConv) • Video file format converter. • Allows users to convert unplayable video file formats (e.g., proprietary CCTV) into playable file formats that can later be exported to Evidence.com • Maintains original video file, produces an output file, and generates a report documenting the conversion process. Axon Detect (Formerly Amped Authenticate) • Photo analysis software for forensic Image authentication and tamper Identification • Several tools are available to determine whether an image can be trusted and thus accepted as evidence and verify if a photo has been taken from a specific device Axon Five (Formerly Amped FIVE) • Image and video enhancement software. • Users can analyze crime scene photos, enhance surveillance and bodyworn video with a workflow compatible with forensic needs and constraints • Meets evidence code in all 50 states as well as US Federal and Canada Axon View Application • Free app for IOS and Android mobile devices • Allows user to view the camera feed from a paired Axon Body or Axon Flex camera in real-time • Allows for playback of videos stored on a paired Axon Body or Axon Flex system • Allows adding meta -data to videos, such as: Category, Title, Case ID, and GPS data TASER International, Inc. Axon Sole Source Leiter Revised January 26. 2016 Page 3 372 of 535 TASER Professional Services • Dedicated implementation team • Project management and deployment best practices aid • Training and train -the -trainer sessions • Integration services with other systems TASER Customer Support • Online and email -based support available 24/7 • Human phone -based support available Monday —Friday 7:00 AM-5:00 PM MST; support is located in Scottsdale, AZ, USA • Library of webinars available 24/7 • Remote -location troubleshooting Ai AXON TASER Axon Brand Model Numbers 1. Axon Body 2 Camera Model: 74001 2. Axon Fleet Camera Model: 74001 3. Axon Signal Unit Model: 70112 4. Axon Body Camera Model: 73002 (Includes 73078, 73077, 73004) 5. Axon Body Camera Mounts: • Standard Alligator Clip Holster Model: 73075 • Mini Alligator Clip Holster Model: 73076 • Belt Clips Model: 73077 • Bolted Z-Bracket Holster Model: 73078 • VELCRO Z-Bracket Holster Model: 73079 • Pocket Mount Holster Model: 73089 6. Axon Body camera full solution kit Model: 73066 (includes several Axon mounts and an iPod touch mobile digital device) 7. Axon Flex Kit Model: 73030 (Includes 73000, 73001, 73005, and 73004) 8. Axon Flex Controllers • Axon Flex Controller Model: 73001 • Axon Flex Controller with Axon Signal Technology Model: 70115 9. Axon Flex USB Sync Cable/Wall Charger Model: 73004 10. Axon Flex Controller Holsters: • Standard Uniform Clip Model: 7300 • Mini Alligator Clip Model: 73035 • Belt Clips Model: 73036 11. Axon Flex Camera Mounts: • Clip for Oakley Flak Jacket Glasses Model: 73008 • Collar/CapNersatile Mount Model: 73009 • Epaulette Mount Model: 73011 TASER International. Inc. Axon Scle Source Letter Revised January 26. 2016 Page 4 i 373 of 535 • Helmet Mount Model: 73013 • Low -rider Headband Medium Model: 73010 • Low -rider Headband Large Model: 73058 • Ballistics Vest Mount Model: 73059 • Ratchet Collar Mount Model: 73088 • Shoei Ratchet Helmet Mount Model: 73090 • HJC Ratchet Helmet Mount Model: 73091 12. Axon Flex cables: • Straight To Right Angle 18" (45.7 cm) Model: 73022 • Straight To Right Angle 36" (91.4 cm) Model: 73005 • Straight To Right Angle 48" (122 cm) Model: 73023 • Straight Angle to Right Angle 36" (91.4 cm) Coiled Model: 73067 • Straight Angle to Right Angle 48" (122 cm) Coiled Model: 73060 13. Evidence.com Dock Models: • Axon Dock — Individual Bay and Core for Axon Flex and Axon Body Model: 70023 • Axon Dock — 6-Bay and Core for Axon Flex and Axon Body Model: 70026 • Core (compatible with all Individual Bays and 6-Bays) Model: 70027 • Individual Bay for Axon Flex and Axon Body Model: 70028 • Wall Mount Bracket Assembly for Axon Flex and Axon Body Model: 70033 • Axon Dock 2 — Individual Bay and Core for Axon Body 2 Model 74009 • Axon Dock 2 — 6-Bay and Core for Axon Body 2 Model 74008 • Individual Bay for Axon Body 2 Model: 74011 14. Axon Signal Performance Power Magazine (SPPM) Model: 70116 TASER Product Packages 1. Officer Safety Plan: includes a CEW, Axon camera and Dock upgrade, and Evidence.com license and storage. See your Sales Representative for further details and Model numbers. 2. TASER Assurance Plan (TAP): Hardware extended coverage, Spare Products (for Axon cameras), and Upgrade Models, for the Axon Flex camera and controller, Axon Body camera, and Evidence.com Dock. (The TAP Is available only through TASER international, Inc.) SOLE AUTHORIZED DISTRIBUTOR. FOR . ` AXON BRAND. PRODUCTS SOLE AUTHORIZED. REPAIR FACILITY FOR AXON BRAND PRODUCTS TASER International, Inc. 17800 N. 85th Street, Scottsdale, AZ 85255 Phone: 480-905-2000 or 800-978-2737 Fax: 480-991-0791 TASER International, Inc. 17800 N. 85th Street, Scottsdale, AZ 85255 Phone: 480-905-2000 or 800-978-2737 Fax: 480-991-0791 Please contact your local TASER sales representative or call us at 1-800-978-2737 with any questions. Sincerely, Josh Isner Executive Vice President, North American Sales TASER International, Inc. Android is a trademark of Googte, Inc., Bluetooth is a Trademark of the Bluelooth SIG, Flak Jacket Is a trademark of Oakley, Inc, Pod Touch is TASER International. Inc. Axon Sole Source Letter Revised January 26. 2016 Page 5 374 of 535 a trademark of Apple Inc, IOS Is a trademark of Cisco, Shoei Is a trademark of Shoei Co., Ltd., VELCRO is a trademark of Velcro Industries, B.V., and Wi-FI is a trademark of the Wi-Fi Alliance. A, i !AXON, Axon, Axon Body, Axon Body 2, Axon Capture, Axon Fleet. Axon Flex, Axon Interview. Axon Signal. Axon View, Evidence.com, X2, X26P, TASER, and O are trademarks of TASER International, Inc., some of which are registered In the US and other countries. For more information, visit www.taser.comllegal. All rights reserved. 0 2016 TASER International, Inc. TASER International. Inc. Axon Sote Source Letter Revised January 26. 2016 Page 6 AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND TASER INTERNATIONAL, INC. THIS AGREEMENT is entered into on this 21 st day of June, 2016, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and TASER INTERNATIONAL, INC., a Corporation (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide body wom cameras, cloud -based storage of digital evidence, internet data management through Evidence.com, and support services to assist with implementation and training as specified in Attachment "A". WHEREAS, the CITY has determined that the CONSULTANT is the industry leader in manufacturing and supporting body worn cameras for law enforcement agencies, will securely store all digital evidence such as pictures, video recordings and audio recordings by National City Police Department personnel on their servers while allowing National City Police Department personnel to manage the video data using their Evidence.com website, and is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CITY agrees to engage the CONSULTANT to provide body worn cameras, cloud -based storage of digital evidence, internet data management through Evidence.com, and support services to assist with implementation, training, as specified in Attachment "A", and the CONSULTANT agrees to perform the services set forth here in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services shall be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement will become effective on July 1, 2016. The duration of this Agreement is for the period of five (5) years. Completion dates or time durations for specific portions of the Project are set forth in Attachments "A" and "B". This Agreement may be extended by mutual agreement upon the same terms and conditions for an additional one (1) year term. The Parties may exercise up to three (3) one-year extensions. Any extension of this Agreement must be approved in writing by the City Council. 376 of 535 3. SCOPE OF SERVICES. CONSULTANT will provide body worn cameras, cloud -based storage of digital evidence, internet data management through Evidence.com, support services to assist with implementation, and on site training at the National City Police Department. The CONSULTANT will perform services as set forth in Attachment "A." The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONSULTANT shall appear at meetings when requested to keep staff and City Council advised of the progress on the Project. The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services. 4. PROJECT COORDINATION AND SUPERVISION. Lieutenant Robert Rounds hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Charles Foster thereby is designated as the Project Director for the CONSULTANT. 5. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be in accordance with Attachments "A" and "B." The total cost for all work described in Attachments "A" and `B" shall not exceed $350,890.58. Annual invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Attachments "A" and `B," as determined by the CITY. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred, and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY, and for furnishing of copies to the CITY, if requested. h_ ACCEPTABILITY OF WORK. The City shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement, and the amount of compensation due. In the event the CONSULTANT and the City cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT in this Agreement, the City or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the City shall each prepare a report which supports their position and file the same with the other party. The City shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT. 2016 Agreement City of National City and Taser International, Inc. 377 of 535 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications, and other documents prepared by the CONSULTANT for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CITY, and CONSULTANT thereby expressly waives and disclaims any copyright in, and the right to reproduce, all written material, drawings, plans, specifications, or other work prepared under this Agreement, except upon the CITY'S prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium, or method utilize the CONSULTANT'S written work product for the CITY'S purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings, or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14, but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT'S employees are employees of the CITY, and are not entitled to any of the rights, benefits, or privileges of the CITY' S employees, including but not limited to retirement, medical, unemploy- ment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT'S employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or SUBCONSULTANTS, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its SUBCONSULTANT(S) shall require the SUBCONSULTANT(S) to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CITY nor its officers, agents, or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT'S employees, 2016 Agreement 3 City of National City and Taser International, Inc. 378 of 535 except as herein set forth, and the CONSULTANT or the CONSULTANT'S agents, servants, or employees are not in any manner agents, servants, or employees of the CITY, it being understood that the CONSULTANT its agents, servants, and employees are as to the CITY wholly independent CONSULTANT, and that the CONSULTANT'S obligations to the CITY are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable state and federal statutes and regulations, and all applicable ordinances, rules, and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT and each of its SUBCONSULTANT(S), shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 12. STANDARD OF CARE. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT'S trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT'S employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this Agreement, the CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONSULTANT'S professional performance or the furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -paragraph will render the CONSULTANT liable to the CITY for any increased costs that result from the CITY'S later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, 2016 Agreement 4 City of National City and Taser International, Inc. 379 of 535 ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 14, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONSULTANT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 15. INDEMNIFICATION AND IFIOLD HARMLESS. The CONSULTANT agrees to defend, indemnify and hold harmless the City of National City, its officers, officials, agents, and employees, against and from any and all civil or criminal liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT'S performance or other obligations under this Agreement; provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the City, its agents, officers, or employees. CITY will cooperate reasonably in the defense of any action, and CONSULTANT shall employ competent counsel, reasonably acceptable to the City Attorney. 2016 Agreement 5 City of National City and Taser International, Inc. 380 of 535 The indemnity, defense, and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement. 16. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar State or federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSLTLTANT under this Agreement. 17. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its SUBCONSULTANT(S), when applicable, to purchase and maintain throughout the term of this Agreement, the following checked insurance policies: A. n If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Commercial General Liability Insurance, with minimum limits of either $2,000,000 per occurrence and $4,000,000 aggregate, or $1,000,000 per occurrence and $2,000,000 aggregate with a $2,000,000 umbrella policy, covering all bodily injury and property damage arising out of its operations, work, or performance under this Agreement. The policy shall name the CITY and its officers, agents, employees and volunteers as additional insureds, and a separate e additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "project" or "location". The "project" or "location" should be noted with specificity on an endorsement that shall be incorporated into the policy. C. Technology Errors and Omissions Liability Insurance, which includes professional liability coverage, with minimum limits of $2,000,000 each occurrence and each loss, and $4,000,000 general aggregate. The policy shall name the CITY and its officers, agents, employees and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. D. Workers' Compensation Insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this Agreement. If CONSULTANT has no employees subject to the California Workers' Compensation and Labor laws, CONSULTANT shall execute a Declaration to that effect. Said Declaration shall be provided to CONSULTANT by CITY. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, officials, agents, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. 2016 Agreement 6 City of National City and Taser International, Inc. 381 of 535 F. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. G. Insurance shall be written with only California admitted companies that hold a current policy holder's alphabetic and financial size category rating of not less than A: VII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the CITY'S Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. H. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY'S Risk Manager. If the CONSULTANT does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. I. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 2016 Agreement 7 City of National City and Taser International, Inc. 382 of 535 20. TERNIINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONSULTANT'S breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 7. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: Manuel Rodriguez Chief of Police National City Police Department City of National City 1200 National City Boulevard National City, CA 91950-4397 2016 Agreement 8 City of National City and Taser International, Inc. 383 of 535 To CONSULTANT: Contracts Taser International, Inc. 17800 N. 85th Street Scottsdale, AZ 85255 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty- eight (48) hours by letter mailed or delivered as specified in this Section. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 22 by the CONSULTANT. 23. PREVAILING WAGES. State prevailing wage rates may apply to work performed under this Agreement. State prevailing wages rates apply to all public works contracts as set forth in California Labor Code, including but not limited to, Sections 1720, 1720.2, 1720.3, 1720.4, and 1771. Consultant is solely responsible to determine if State prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations. 24. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date 2016 Agreement 9 City of National City and Taser International, Inc. 384 of 535 shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state, or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits, Schedules, Attachments. The Exhibits, Schedules and Attachments attached hereto are hereby incorporated herein by this reference for all purposes. To the extent any exhibits, schedules, attachments or provisions thereof conflict or are inconsistent with the terms and conditions contained in this Agreement, the terms and conditions of this Agreement shall control. Attached to this Agreement are the following exhibits and attachments: Scope of Services, Taser Master Services and Purchasing Agreement, and Taser Quotation i4Q- 53527-3. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Audit. If this Agreement exceeds ten -thousand dollars ($10,000), the parties shall be subject to the examination and audit of the State Auditor for a period of three (3) years after final payment under the Agreement, per Government Code Section 8546.7. J. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. K. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. L. Subcontractors or Subconsultants. The City is engaging the services of the CONSULTANT identified in this Agreement. The CONSULTANT shall not subcontract any portion of the work, unless such subcontracting was part of the original proposal or is allowed by the City in writing. In the event any portion of the work under this Agreement is subcontracted, the subconsultant(s) shall be required to comply with and agree to, for the benefit of and in favor of the City, both the insurance provisions in Section 17 and the indemnification and hold harmless provision of Section 15 of this Agreement. M. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and 2016 Agreement 10 City of National City and Taser International, Inc. 385 of 535 negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY TASER INTERNATIONAL, INC. (Corporation — signatures of two corporate officers required) By: Ron Morrison, Mayor APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney 2016 Agreement By: (Name) (Print) (Title) By: (Name) (Print) (Title) 11 City of National City and Taser international, Inc. 386 of 535 Attachment "B" — SCOPE OF SERVICES 1 of 4 Vendor shall provide the Services indicated below for the City of National City Police Department with this Agreement based on the following payment schedule: FY16 Equipment ' FY17 YAar 1 FY7E 'fear 2 FY19 Year 3 FY2D Year 4 FY21 Year 6 5 year total Equipment $45,760.00 $45,760.00 Service, storage, and extended warranty costs $56,776.00 $55,776.00 $65,776.00 $55,776.00 $55,776.00 $283,880,00 Taxes (on equipment and extended warranties). $4118.45 $3108.60 $4,368,60 $4,368,60 $4,368.60 $4,368.60 $24,701.46 Estimated shipping $549.12 1 Total Cost $49,878.46 $69,884.60 $60,144.60 $60,144.613 $60,144.60 $60,144.60 $350,890.58 Full description of Services: The City of National City Police Department seeks to implement seventy (70) Body Worn Cameras. Subsequent to the initial order of sixty-five (65) Axon Body 2 and five (5) Axon Flex body worn cameras, no guarantee is made that the sixty-five (65) Axon Body 2 and five (5) Axon Flex cameras will be under active service over the term of this agreement. No guarantee is made that additional cameras will be purchased or under active service over the term of this agreement. A. System Requirements and Software: 1. Most current software system(s) available: Evidence.com. 2. Video playback on mobile devices. 3. Low light capabilities for the body worn cameras. 4. Variable recording quality options. 5. A 30 second to two minute buffering period to record footage before activation; including the option to sound with the video during the buffering period. 6. Twelve plus hours of continuous record time with a single battery, no extra charging required, 7. Provide a hosted data management system that allows for management and sharing of digital evidence without altering the original recording. 8. Customizable controlled access to the evidence system. 9. Allows for adding meta -data to videos, pictures, and audio recordings; such as: Category, Title, Report Number, Officer Name, Date/Time, Miscellaneous Notes, or GPS data. 10. Stores and supports all major digital files: .mpeg, .doc, .pdf, .jpeg, .wav, ,mp4, etc. . , . 11. Searchable fields including category based fields. 12. Ability to create tags, markers, and clips. 13. Automated category based evidence retention ability. 14. Ability to recover deleted evidence for a minimum of seven days. 15. Requires no proprietary file formats. 16. Ability to upload files directly to the data management system. 17. Secure encryption of data during transfer and storage. 18. Storage includes geo-dispersed redundant back up. Fault and disaster tolerant infrastructure in at least four redundant data centers with a minimum separation 1000 miles 19. Automatically tracks all system and user activity. 20. Generates real-time audit reports in PDF format to show chain of custody for evidence. 1 387 of 535 Attachment "B" Page 2 of 4 21 Case creation for multiple evidence files. 22. Allows users to capture digital evidence and upload files to the data management system from the field. 23. Free app for mobile devices. 24. Stored data protection is CJIS and ISO 27001 compliant. 25. With no on -site application, evidence is protected from local malware that may penetrate agency Infrastructure. B. EQUIPMENT: - Axon Body 2 and Axon Flex cameras 1. Sixty-five (65) Axon Body 2 cameras. 2. Five (5) Axon Flex cameras. 3. 'Spare Product" = Three (3) spare Axon Body 2 and one (1) spare Axon Flex cameras to keep at the National City Police Department to replace broken or non-functioning units in order to maintain the consistency of the body worn camera program. 4. 130 degree field of view lens on cameras. 5. Ability to charge and upload data simultaneously from a single device. 6. No computer necessary to upload data. 7. No focal storage infrastructure or software needed. 8. Ability to mount the camera in multiple locations on the body. 9. Tactical design. 10. The TASER Assurance Plan (TAP) Officer Safety Plan; including the benefits of the Evidence.com Ultimate License for the Axon Body 2 and Flex cameras and Axon Capture generated data in Evidence.com, TAP for the Evidence.com docking stations. a) Upgrades at no extra charge to purchased Axon Body 2 and Flex cameras and docking stations at years 2.5 and 5 under TAP. b) Five (5) years total warranty coverage. c) Ultimate Evidence.com data plan includes 40 GB storage per user license (which Is pooled together for all users). d) Additional 8400 GB pooled storage purchased by the City at extra charge (.75 cents per GB = 120 GB per user license). e) No penalty if users exceed contracted storage. (1) Additional storage will be charged to City by TASER at .75 cents per GB. 11 Sixty-five (65) magnet mounts for the Axon Body 2 cameras. 12. Five (5) ratchet collar/versatile/cap mounds for the Axon Flex cameras. 13. Five (5) controller holster belt clips for the Axon Flex cameras. 14. Ten (10) Axon 6-bay docking stations (including wall -mount brackets). 15. One (1) 6-bay docking station for the Axon Flex cameras (including wall -mount bracket). C. DEDICATED TRAINED REGIONAL SUPPORT MANAGER: TASER will provide the folrowing to the CITY: 1. Assistance with inventory management. 2. Assistance ordering equipment/supplies. 3. Assistance returning equipment/supplies. 4. Repairs and upgrades to equipment as outlined In the contract_ 5. Implementation and training outlined in the Performance Plus Service agreement: a) System set up and configuration. (1) Setup Axone Mobile on smart phones (if applicable). (2) Configure categories & custom roles based on Agency need. (3) Troubleshoot IT issues with Evidence.com and Evidence.com Dock (Dock) access. 2 388 of 535 Attachment "B" Page 3 of 4 (4) Work with IT to install EVIDENCE Sync software on locked -down computers (if applicable). (5) One on -site session Included (6) Virtual Assistance Included b) Dock Installation. (1) Work with Agency to decide ideal location of Dock setup and set configurations on Dock if necessary. (2) Authenticate Dock with Evidence.com using "admin" credentials from Agency. (3) Work with Agency's IT to configure its network to allow for maximum bandwidth and proper operation within Agency's network environment. (4) On site Assistance Included (5) Virtual Assistance Included c) Dedicated Project Manager. (1) Assignment of a specific TASER representative for all aspects of planning the Product rollout (Project Manager). d) Weekly Project Planning Meetings. (1) Project Manager will develop a Microsoft Project plan for the rollout of Axon camera units. (2) Docks and Evidence.com account training based on size, timing of rollout and Agency's desired level of training. (3) Up to 4 weekly meetings leading up to the Evidence.com Dock installation of not more than 30 minutes in length. e) Best practice implementation planning session —One on -site session to: (1) Provide considerations for establishment of video policy and system operations best practices based on TASER's observations with other agencies. (2) Discuss importance of entering metadata in the field for organization purposes and other best practice for digital data management. (3) Provide referrals of other agencies using the Axon camera products and Evidence.com services (4) Create project plan for larger deployments. (5) Recommend rollout plan based on review of shift schedules. f) Implementation document packet. (1) Evidence.com administrator guides, camera implementation guides, network setup guide, sample policies, and categories & rotes guide. 2) Post go live review session. D. TRAINING In accordance with the TASER Master Services and Purchasing Agreement and the Premium Plus Service Agreement, TASER will provide the following: 1. System Admin and troubieshooting training sessions. a) Two on -site sessions —each providing a step-by-step explanation and assistance for Agency's configuration of security, roles & permissions, categories & retention, and other specific settings for Evidence.com. 2. Axon instructor training. a) Prior to general user training on Axon camera systems and Evidence.com services, TASER's on -site professional services team will provide training for instructors who can support the Agency's subsequent Axon camera and Evidence.com training needs. 3. End user go live training and support sessions. a) Provide individual device set up and configuration assistance; pairing with viewers when applicable; and training on device use, Evidence.com 3 389 of 535 Attachment °B" Page 4 of 4 and EVIDENCE Sync, E. SUPPORT Provided at no extra cost. 1. Support available 365 days per year, 24 hours per day, seven days per week (24li). 2. Remote trouble shooting as required. 3. Dedicated customer service department with a toll free number. 4. Technology upgrades (including equipment) as outlined in the agreement period. 5. Dedicated information security department that protects evidence storage with security monitoring, centralized event log analysis and correlation, advanced threat and intrusion protection, and incident response capabilities. 6. Integration services es needed — complex: integrations may require additional services. 7. Library of accessible training information. F. PERFORMANCE GUARANTEE 1. Prices offered, including maintenance, supplies, training, and upgrades shall be guaranteed and available to the City of National City throughout the agreement period. II. Dates and location where Services will take place (including time schedule and/or milestone dates if appropriate) A. Consultation and training dates to be determined by the National City Police Department and Taser International, Inc. B. Location: National City Police Department, 1200 National City Blvd, National City, CA 91950. Vendor Contact: Dan Hilderman Senior Regional Manager Mobile: 858.922.5914 4 390 of 535 -rooks Fa PROTECT L P MASTER SERVICES AND PURCHASING AGREEMENT between TASER INTERNATIONAL, INC. and National City Police Dept. - CA CITY Agreement Number: Attachment B 391 of 535 TAS6F 1. [: b T 4 . 1 1. . F MASTER SERVICES AND PURCHASING AGREEMENT This Master Agreement (the Agreement) by and between TASER International, Inc., (TASER or Party) a Delaware corporation having its principal place of business at 17800 N 85th Street, Scottsdale, Arizona, 85255, and National Oty Police Dept. - CA , (Agency, Party or collectively Parties) having Its principal place of business at 1200 National City Boulevard, National Oty, CA, 91950, is entered Into as of June, 30, 2016 (the Effective Date). This Agreement Is an attachment to the "AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND TASER INTERNATIONAL, INC." both of which set forth the terms and conditions for the purchase, delivery, use, and support of TASER products and services as detailed in Quote # Q-53527 (the Quote), which is hereby incorporated by reference. It is the intent of the Parties that these agreements shall govern all subsequent purchases by Agency of TASER Products and all subsequent quotes accepted by Agency shall be also incorporated by reference as a Quote. In consideration of this Agreement the Parties agree as follows: 1 Term. This Agreement will commence on the Effective Date and will remain in full force and effect until terminated by either Party. TASER services will not be authorized until a signed Quote or Purchase Order is received, whichever is first. 1.1 Evidence.com Subscription Term: The Initial Term of the Subscription services will begin after shipment of the Product. If shipped In 1st half of the month, the start date is on the 1st of the following month. If shipped in the last half of the month, the start date is on the 15th of the following month. Subscription Services will automatically renew for additional successive Terms of one (1) year after completion of the Initial Term at the list price then In effect, unless the Agency gives TASER written notice of termination within sixty (60) days prior to the end of a one (1) year period. 1.2 Professional Services Term: Amounts pre -paid for professional services as outlined in the Quote and the Professional Service Appendix must be used within 6 months of the Effective Date. 2 Definitions. "Business Day" means Monday through Friday, exduding holidays. "Confidential Information" means all nonpublic information disclosed by TASER, TASER affiliates, business partners of TASER or their respective employees, contractors or agents that is designated as confidential or that, given the nature of the information or circumstances surrounding Its disclosure, reasonably should be understood to be confidential. "Documentation' means the (I) specifications, explanatory or informational materials, whether in paper or electronic form, that relate to the Services provided under this Agreement, or (II) user manuals, technical manuals, training manuals, warnings, specification or other explanatory or Informational materials, whether in paper or electronic form, that relate to the Products provided under this Agreement. "Evidence.com Service" means TASER web services for Evidence.com, the Evidence.com site, EVIDENCE Sync software, EVIDENCE Mobile App, Axon® Mobile App, other software, maintenance, storage, and product or service provided by us under this Agreement for use with Evidence.com. This does not Include any Third Party Applications, hardware warranties, or the my.evidenee.com services. "Instillation Site" means the location(s) where the Products are to be installed. "Policies" means the Trademark Use Guidelines, all restrictions described on the TASER website, and any other policy or terms referenced in or Incorporated into this Agreement. Policies do not include whltepapers or other marketing materials. Title: Evidence.com Master Service Agreement with Exhibit Department: Legal Version: 11.0 Release Date: 7/31/2015 Page 2of1E. 392 of 535 (b -1-7,1/4eF1 ,; fJ T f: c Y A. I .. "Products" means all TASER equipment, software, doud based services, Documentation and software maintenance releases and updates provided by TASER under this Agreement. "Quote" is an offer to sell, is valid only for products and services listed on the quote at prices on the quote. All Quotes referenced In this Agreement or issued and accepted after the Effective Date of this Agreement will be subject to the terms of this Agreement. Any terms and conditions contained within the Agency's purchase order in response to the Quote will be null and void and shall have no force or effect. TASER Is not responsible for pricing, typographical, or other errors In any offer by TASER and TASER reserves the right to cancel any orders resulting from such errors. TASER reserves the right to adjust prices or Products unless otherwise specified in the Quote. "Resolution Time" means the elapsed time between TASER's acknowledgment of an issue until the problem in the Services has been resolved, which does not include time delays caused by the Agency or by third parties outside of TASER's reasonable control. "Services" means all services provided by TASER pursuant to this Agreement. "Agency Content" means software, data, text, audio, video, images or other Agency content or any of the Agency's end users (a) run on the Evidence.com Services, (b) cause to Interface with the Evidence.com Services, or (c) upload to the Evidence.com Services under the Agency account or otherwise transfer, process, use or store In connection with the Agency account. 3 Payment Terms. Invoices are due to be paid within 30 days of the date of invoice. All orders are subject to prior credit approval. Payment obligations are non -cancelable and fees paid are non-refundable and all amounts payable will be made without setoff, deduction, or withholding. If a delinquent account is sent to collections, the Agency Is responsible for ail collection and attorneys' fees. 4 Taxes. Unless TASER is provided with a valid and correct tax exemption certificate applicable to the purchase and ship -to location, the Agency Is responsible for sales and other taxes associated with the order. 5 Shipping; Title; Risk of Loss; Rejection. TASER reserves the right to make partial shipments and products may ship from multiple locations. All shipments are E.X.W. via common carrier and title and risk of loss pass to the Agency upon delivery to the common carrier by TASER. The Agency is responsible for all freight charges. Any loss or damage that occurs during shipment is the Agency's responsibility. Shipping dates are estimates only. The Agency may reject nonconforming Product by providing TASER written notice of rejection within 10 days of shipment. Failure to notify TASER within the 10 day rejection period will be deemed as acceptance of Product. 6 Returns. All sales are final and no refunds or exchanges are allowed, except for warranty returns or as provided by state or federal law. I Wavranties. 7.1 Hardware Limited Warranty. TASER warrants that Its law enforcement hardware products are free from defects in workmanship and materials for a period of ONE (1) YEAR from the date of receipt. Extended warranties run from the date of purchase of the extended warranty through the balance of the 1-year limited warranty term plus the term of the extended warranty measured after the expiration of the 1-year limited warranty. CEW cartridges and Smart cartridges that are expended are deemed to have operated properly. TASER-Manufactured Accessories are covered under a limited 90-DAY wananty from the date of receipt. Non-TASER manufactured accessories are covered under the manufacturer's warranty. If TASER determines that a valid warranty claim Is received within the warranty period, TASER agrees to repair or replace the Product. TASER's sole responsibility under this warranty is to either repair or replace with the same or like Product, at Title: Evidence.com Master Service Agreement with Exhibits Department: Legal Version: 11.0 Release Date: 7/31/2015 Page 3 of 16 !s1 393 of 535 --rlamiER 1' ,¢ (y - L S r Li Oil TASER's option. 7.2 Warranty Limitations, 7.2.1 The warranties do not apply and TASER will not be responsible for any loss, data loss, damage, or other liabilities arising from: (a) damage from failure to follow instructions relating to the Product's use; (b) damage caused by use with non-TASER products or from the use of cartridges, batteries or other parts, components or accessories that are not manufactured or recommended by TASER; (c) damage caused by abuse, misuse, intentional or deliberate damage to the product, or force majeure; (d) damage to a Product or part that has been repaired or modified by persons other than TASER authorized personnel or without the written permission of TASER; or (e) if any TASER serial number has been removed or defaced. 7.2.2 To the extent permitted by law, the warranties and the remedies set forth above are exclusive and T:SER disclaims all other warranties, remedies, and conditions, whether oral or written, statutory, or implied, as permitted by applicable law. If statutory or implied warranties cannot be lawfully disclaimed, then all such warranties are limited to the duration of the express warranty described above and limited by the other provisions contained in this Agreement. 7.2.3 TASER's cumulative liability to any Party for any loss or damage resulting from any claims, demands, or actions arising out of or relating to any TASER product purchased pursuant to this agreement will not exceed $5,000,000. In no event will either Party be liable for any, special, indirect, Incidental, exemplary, or punitive damages, however caused, whether for breach of warranty, breach of contract, negligence, strict liability, tort or under any other legal theory. 7.3 Warranty Returns. If a valid warranty claim Is received by TASER within the warranty period, TASER agrees to repair or replace the Product which TASER determines in Its sole discretion to be defective under normal use, as defined in the Product instructions. TASER's sole responsibility under this warranty Is to either repair or replace with the same or like Product, at TASER's option. 7.3.1 For warranty return and repair procedures, including troubleshooting guides, please go to TASER's websltes ww v.tase;.emaierlopot,Lor ww4 r,evldence.com, as indicated in the appropriate product user manual or quick start guide. 7.3.2 Before delivering product for warranty service, It is the Agency's responsibility to upload the data contained in the product to the EVIDENCE.com services or download the product data and keep a separate backup copy of the contents. TASER is not responsible for any loss of software programs, data, or other information contained on the storage media or any other part of the product services. 7.3.3 A replacement product will be new or like new and have the remaining warranty period of the original product or 90 days from the date of replacement or repair, whichever period is longer. When a product or part is exchanged, any replacement item becomes Purchaser's prcper-ty and the replaced item becomes TASER's property. 8 product Warnings. See our website at :e-,e,!-J.,:iliSi:R..rear for the most current product warnings. 9 Peskin Changes. TASER reserves the right to snake changes in the design of any of TASER's products and services without incurring any obligation to notify the Agency or to make the same change to products and services previously purchased. 10 Insurance. TASER will maintain at TASER's own expense and in effect during the Term, Commercal General Liability Insurance, Workers' Compensation Insurance, Technology Errors and Omissions Liability Insurance and Commercial Automobile Insurance and will furnish certificates of insurance or Title; Evldence.com Master Service Agreement with Exhibits Department: Legal Version: 11.0 Release Date: 7/31/2015 Page 4 of 16 394 of 535 TASER * 4. w a r .. • Y S. 1 R k: self -Insurance upon request. 11 IP Riahts. TASER owns and reserves all right, title, and interest in the TASER Products and related software, as well as any suggestions made to TASER. 12 IP Indemnification. TASER will defend, indemnify, and hold the Agency Indemnitees harmless from and against any daims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to any third -party daim alleging that use of TASER Products or Services as permitted under this Agreement infringes or misappropriates the intellectual property rights of a third party. The Agency must provide TASER with prompt written notice of such a claim, tender to us the defense or settlement of such a claim at our expense, and cooperate fully with us in the defense or settlement of such o claim. This defense, indemnity and hold harmless provision shall not be subject to any warranty limitations set forth In Section 7 of this Agreement. 13 TASER has no liability to the Agency or any third party if any alleged infringement or daim of infringement is to any extent based upon: (a) any modification of the Evidence.com Services by the Agency or any third party not approved by TASER; (b) use of the Evidence.com Services in connection or in combination with equipment, devices, or services not approved or recommended by TASER; (c) the use of Evidence.com Services other than as permitted under this Agreement or in a manner for which It was not intended; or (d) the use of other than the most current release or version of any software provided by TASER as part of or in connection with the Evidence.com Services. Nothing in this Section will affect any warranties In favor of the Agency that are otherwise provided in or arise out of this Agreement. 14 Agency Responsibilities. The Agency is responsible for (i) use of TASER Products (Including any activities under the Agency Evidence.com account and use by Agency employees and agents), (11) breach of this Agreement or violation of applicable law by the Agency or any of the Agency's end users, (iii) Agency Content or the combination of Agency Content with other applications, content or processes, induding any claim involving alleged infringement or misappropriation of third party rights by Agency Content or by the use of Agency Content, (iv) a dispute between the Agency and any third party over Agency use of TASER products or the collection or use of Agency Content, (v) any hardware or networks that the Agency connects to the Evidence.com Services, and (v1) any security settings the Agency establishes to interact with or on the Evidence.com Services. A5 Termir.atinn. 15.1 Effect of Termination. Upon any termination delis Agreement: (a) all Agency rights under this Agreement immediately terminate; (b) the Agency remains responsible for all fees and charges Incurred through the date of termination; and (c) Payment Terms, Warranty, Product Warnings, Indemnification, and Agency Responsibilities Sections, as well as the Evidence.com Terms of Use Appendix Sections on Agency Owns Agency Content, Data Storage, Fees and Payment, Software Services Warranty, IP Rights and License Restrictions will continue to apply In accordance with their terms. i5.2 After Termination. TASER will not delete any Agency Content as a result of a termination during a period of 180 days following termination. During this 180-day period the Agency may retrieve Agency Content only If all amounts due have been paid (there will be no application functionality of the Evidence.com Services during this 180-day period other than the ability to retrieve Agency Content). The Agency will not Incur any additional fees if Agency Content is downloaded from Evidence.com during this 180-day period. TASER has no obligation to maintain or provide any Agency Content after this 180-day period and will thereafter, unless legally prohibited, delete all of Title: Evidence.com Master Service Agreement with Exhibits Page 5 of 16 Department: Legal Version: 11.0 Release Date: 7/31/2015 395 of 535 T em ll <: Y ;. C T 1. / F4 {=. Agency Content stored In the Evidence.com Services. However, should Agency want to store the content longer than the 180 day period, Agency must make a written request to TASER before the expiration of the 180 day period and pay for storage of the content at the rate of $.75/GB per year. Upon request, TASER will provide written proof that all Agency Content has been successfully deleted and fully removed from the Evidence.com Services. 15.3 Post -Termination Assistance. TASER will provide Agency with the same post -termination data retrieval assistance that TASER generally makes available to all customers. Requests for TASER to provide additional assistance In downloading or transferring Agency Content will result in additional fees and TASER will not warrant or guarantee data integrity or readability in the external system. 16 General. 16.1 Corn?identiaiity. Both Parties will take all reasonable measures to avoid disclosure, dissemination or unauthorized use of either Party's Confidential Information. Except as required by applicable law, neither Party will disclose either Party's Confidential Information during the Term or at any time during the 5-year period following the end of the Term. All TASER Pricing is consldered confidential and competition sensitive. 16.2 Excusable delays. TASER will use commercially reasonable efforts to deliver all products and services ordered as soon as reasonably practicable. In the event of Interruption of any delivery due to causes beyond TASER's reasonable control TASER has the right to delay or terminate the delivery with reasonable notice. 16.3 Force Majeure. Neither Party will be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond the Parties' reasonable control, including acts of God, labor disputes or other industrial disturbances, systemic electrical, telecommunications, or other utility failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war. 16.4 Proprietary Information. The Agency agrees that TASER has and claims various proprietary rights in the hardware, firmware, software, and the integration of ancillary materials, knowledge, and designs that constitute TASER products and services, and that the Agency will not directly or indirectly cause any proprietary rights to be violated. 16.5 Independent Contractors. The Parties are independent contractors. Neither Party, nor any of their respective affiliates, has the authority to bind the other. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the Parties. 16.6 rio Third Party Beneficiaries. This Agreement does not create any third party beneflciary rights in any individual or entity that is not a party to this Agreement. 16.7 Non-discrimination and Equal Opportunity. During the performance of this Agreement, neither the Partes nor the Party's employees will discriminate against any person, whether employed by a Party or otherwise, on the basis of basis of i-ace, color, religion, gender, age, national origin, handicap, marital status, or political affiliation or belief. In all solicitations or advertisements for employees, agents, subcontractors or others to be engaged by a Party or placed by or on behalf of a Party, the solicitation or advertisement shall state all qualified applicants shall receive consideration for employment without regard to race, color, religion, gender, age, national origin, handicap, marital status, or political affiliation or belief. Title: Evldence.com Master Service Agreement with Exhibits Department: Legal Version: 11.0 Release Date: 7/31/2015 fi 396 of 535 E M Ye 0 T V' L 16.8 U.S. Government Rights. Any Evidence.com Services provided to the U.S. Government as "commercial Items," "commercial computer software," "commercial computer software documentation," and "technical data" will have the same rights and restrictions generally applicable to the Evidence.com Services. If the Agency is using the Evidence.com Services on behalf of the U.S. Government and these terms fall to meet the U.S. Government's needs or are inconsistent in any respect with federal law, the Agency will immediately discontinue use of the Evidence.com Services, The terms "commercial item," "commercial computer software," "commercial computer software documentation," and "technical data" are defined in the Federal Acquisition Regulation and the Defense Federal Acquisition Regulation Supplement. 16.9 Import and Export Compliance. In connection with this Agreement, each Party will comply with all applicable import, re- import, export, and re-export control laws and regulations. 16.10 Assignment. Neither Party may assign or otherwise transfer this Agreement without the prior written approval of the other Party. TASER may assign or otherwise transfer this Agreement or any of our rights or obligations under this Agreement without consent (a) for financing purposes, (b) In connection with a merger, acquisition or sale of all or substantially all of our assets, (c) as part of a corporate reorganization, or (d) to a subsidiary corporation. Subject to the foregoing, this Agreement will be binding upon the Parties and their respective successors and assigns. 16.11 No Waivers. The failure by either Party to enforce any provision of this Agreement will not constitute a present or future waiver of the provision nor limit the Party's right to enforce the provision at a later time. 16.12 Severahility. This Agreement is contractual and not a mere recital. If any portion of this Agreement is held to be invalid or unenforceable, the remaining portions of this Agreement will remain in full force and effect. 16.13 Governing Law; Venue, The laws of the state where the Agency is physically located, without reference to conflict of law rules, govern this Agreement and any dispute of any sort that might arise between the Parties. The United Nations Convention for the International Sale of Goods does not apply to this Agreement. 16.14 Notices. All communications and notices to be made or given pursuant to this Agreement must be in the English language. Notices provided by posting on the Agency's Evidence.com site will be effective upon posting and notices provided by email will be effective when the email was sent. Notices provided by personal delivery will be effective immediately. Contact information for notices: AGENCY: Manuel Rodriguez Chief of Police National City Police Department City of National City 1200 National City Boulevard National City, CA 91950-4397 16.15 Entire Agreement. This Agreement along with the "AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND TASER INTERNATIONAL, INC.", Including the APPENDICES attached hereto, and the Policies and the quote provided by TASER, represents the entire agreement between the Parties. This Agreement supersedes ail prior or contemporaneous representations, understandings, agreements, or communications between the Parties, whether written or verbal, regarding the subject matter of this Agreement. No modification or amendment of any portion of this Agreement will be effective unless in writing and signed by the Parties to this Agreement, If Title: Department: Version: Release Date: TASER: TASER International, Inc. ATTN: Contracts 17800 N. 85th Street Scottsdale, Arizona 85255 contriict Tazi.` C:cr Evidence.com Master Service Agreement with Exhibits Legal 11.0 7/31/2015 Page 7of16 4 s. 397 of 535 e Ft O T a g T 4 1! Y+ TASER provides a translation of the English language version of this Agreement, the English language version of the Agreement will control if there is any conflict. 16.16 Counterparts. If this Agreement form requires the signatures of the Parties, then this Agreement may be executed by electronic signature in multiple counterparts, each of which is considered an original. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be duly executed. Each Party warrants and represents that Its respective signatories whose signatures appear below have been and are, on the date of signature, duly authorized to execute this Agreement. TASER International, Inc. National City Police Dept. - CA Signature: Signature: Name: Name: Title: Title: Date: Date: Address: 17800 N. 85th Street Scottsdale, AZ 85255 Address: 1200 National City Boulevard, National City, CA, 91950 Attn: Contracts Email. r_;otr::t::12fw ry4.1.,[0.1I Tide: Evidence.00m Master Service Agreement with Exhibits Department: Legal Version: 11.0 Release Date: 7/31/2015 Page 8or15 398 of 535 e. 1- ri 0 1' 1 C Y ?. . K -ric1/49 le Ft Evidence.com Terms of Use Appendix Access Rights. Upon the purchase or granting of a subscription from TASER and the opening of an Evidence.com account We Agency will have access and use of the Evidence.com Services for the storage and management of Agency Content during the subscription term (Term). The Evidence.com Service and data storage are subject to usage limits. The Evidence.00m Service may not be accessed by more than the number of end users spedfled in the Quote. If Agency becomes aware of any vlo!ation of this Agreement by an end user, the Agency will immediately terminate that end user's access to Agency Content and the Evidence.com Services. 2 Aaencv Owns Aaencv Content. The Agency controls and owns all right, title, and interest In and to Agency Content and TASER obtains no rights to the Agency Content and the Agency Content are not business records of TASER. The Agency is solely responsible for the uploading, sharing, withdrawal, management and deletion of Agency Content. TASER will have limited aces to Agency Content solely for the purpose of providing and supporting the Evidence.com Services to the Agency and Agency end users. The Agency represents that the Agency owns Agency Content; and that none of Agency Content or Agency end users' use of Agency Content or the Evidence.com Services will violate this Agreement or applicable laws. 3 Evidence.com pats Securi2v. 3.1. Generally. TASER will implement commercially reasonable and appropriate measures designed to secure Agency Content against accidental or unlawful loss, access or disdosure. TASER will maintain a comprehensive Information Security Program (ISP) that includes logical and physical access management, vulnerability management, configuration management, incident monitoring and response, encryption of digital evidence uploaded, security education, risk management, and data protection. The Agency is responsible for maintaining the security of end user names and passwords and taking steps to maintain appropriate security and access by end users to Agency Content Log -in credentials are for Agency internal use only and Agency may not sell, transfer, or sublicense them to any other entity or person. The Agency agrees to be responsible for all activities undertaken by the Agency, Agency employees, Agency contractors or agents, and Agency end users whidl result In unauthorized access to the Agency account or Agency Content. Audit log tracking for the video data Is an automatic feature of the Services which provides details as to who accesses the video data and may be downloaded by the Agency at any time. The Agency shall contact TASER Immediately If an unauthorized third party may be using the Agency account or Agency Content or if account Information is lost or stolen. 3.2. FDI CJIS Security Addendum. For customers based in the United States, TASER agrees to the terms and requirements set forth in the Federal Bureau of Investigation (FBI) Criminal Justice Information Services (C]IS) Security Addendum for the Term of this Agreement. 4 Our Support. TASER will make available updates as released by TASER to the Evidence.com Services. Updates may be provided electronically via the Internet. TASER will use reasonable efforts to continue supporting the previous version of any API or software for 6 months after the grange (except if doing so (a) would pose a security or intellectual property issue, (b) is economically or technically burdensome, or (c) is needed to comply with the law or requests of governmental entities. The Agency is responsible for maintaining the computer equipment and Internet connections necessary for use of the Evidence.com Services. S pata Privacy. TASER will not disclose Agency Content or any information about the Agency except as compelled by a court or administrative body or required by any law or regulation. TASER will give notice if Title: Evldence.cnrn Master Service Agreement wtth ExhIbItS Department: Legal Version: 11.0 Release Date: 7/31/2015 Page 9 of 16 2 / 399 of 535 any disclosure request is received for Agency Content so the Agency may file an objection with the court or administrative body. The Agency agrees to allow TASER access to certain information from the Agency in order to: (a) perform troubleshooting services for the account upon request or as part of our regular diagnostic screenings; (b) enforce this agreement or policies governing use of Evidence.com Services; or (c) perform analytic and diagnostic evaluations of the systems. 6 Data Storage. TASER will determine the locations of the data centers in which Agency Content will be stored and accessible by Agency end users. For United States customers, TASER will ensure that all Agency Content stored in the Evldence.com Services remains within the United States including any backup data, replication sites, and disaster recovery sites. TASER may transfer Agency Content to third parties for the purpose of storage of Agency Content Third party subcontractors responsible for storage of Agency Content are contracted by TASER for data storage services. Ownership of Agency Content remains with the Agency. TASER may only transfer Agency Content to third parties or utilize third party subountracim in accordance with sections 8 and 24L of the "AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND TASER INTERNATIONAL, INC." and as allowed by the Agency in writing. For use of an Unlimited Evidence.com License unlimited data may be stored in the Agency's Evidence.com account If the data originates from a TASER device. For use of Totally Unlimited Evidence.com Licenses TASER reserves the right to limit the types of content the Agency can store and share using the Services. 7 Fees and Payment. Additional end users may be added during the Term at the pricing in effect at the time of purchase of additional end users, prorated for the duration of the Term. Additional end user accounts will terminate on the same date as the pre-exdsting subscriptions. TASER reserves the right to charge additional fees for exceeding purchased storage amounts or for TASER's assistance In the downloading or exporting of Agency Content. 8 Suspension of Evidence.com Services. TASER may suspend Agency access or any end user's right to access or use any portion or all of the Evidence.com Services immediately upon notice in accordance with the following: 8.1. The Termination provisions of the Master Service Agreement apply; 8.2. The Agency or an end user's use of or registration for the Evidence.com Services (i) poses a security risk to the Evidence.com Services or any third party, (II) may adversely impact the Evidence.com Services or the systems or content of any other customer, (Ili) may subject TASER, TASER's affiliates, or any third party to liability, or (iv) may be fraudulent; 8.3. If TASER suspends the right to access or use any portion or all of the Evidence.com Services, the Agency remains responsible for all fees and charges incurred through the date of suspension without any credits for any period of suspension. TASER will not delete any of Agency Content on Evidence.eom as a result of a suspension, except as specified elsewhere In this Agreement. 9 Software Services Warranty. TASER warrants that the Evidence.com Services will not infringe or misappropriate any patent, copyright, trademark, or trade secret rights of any third party. TASER disclaims any warranties or responsibility for data corruption cif errors before the data is uploaded to the Evidence.corn Services. 10 ,License Restrictions. Neither the Agency nor any Agency end users may, or attempt to: (a) permit any third party to access the Evidence.com Services except as permitted in this Agreement; (b) modify, alter, tamper with, repair, or otherwise create derivative works of any of the Evidence.com Services; (c) reverse engineer, disassemble, or decompiie the Evidence.com Services or apply any other process or procedure to derive the source code of any software included in the Evidence.com Services, or allow any others to do the same; (d) access or use the Evidence.com Services In a way intended to gain unauthorized access, avoid incurring fees or exceeding usage limits or quotas; (e) copy the Evidence.com Services in whole or lice: Evidence.corn Master Service Agreement with Exhibits Department Legal Version: 11.0 Release Date: 7/31/2015 Page 10 of 16 400 of 535 part, except as expressly permitted in this Agreement; (f) use trade secret information contained in the Evidence.com Services, except as expressly permitted In this Agreement; (gg resell, rent, loan, or sublicense the Evidence.com Services; (h) access the Evidence.com Services in order to build a competitive product or service or copy any features, functions, or graphics of the Evidence.com Services; (I) remove, alter, or obscure any confidentiality or proprietary rights notices (Including copyright and trademark notices) of ours or our licensors on or within the Evidence.com Services or any copies of the Evidence.com Services; or (j) use the Evidence.com Services to store or transmit infringing, libelous, or otherwise unlawful or tortlous material, to store or transmit material in violation of third party privacy rights, or to store or transmit malidous code. All licenses granted in this Agreement are conditional on continued compliance this Agreement, and will immediately and automatically terminate if the Agency does not comply with any term or condition of this Agreement The Agency may only use our trademarks in accordance with the TASER Trademark Use Guidelines (located at www.TASER.com). Title: Evidenae.com Master Service Agreement with Exhibits Department, Legal Version: 11.0 Release Date: 7/31/2015 Page 11 of 16 401 of 535 ib `R r= Professional Services Appendix 1 Scope of Services. The project scope will consist of the Services identified on the Quote. 1.i. The Package for the Axon and Evldence.com related Services are detailed below: System set up and configuration Setup Axon® Mobile on smart phones (if applicable). Configure categories & custom roles based on Agency need. Troubleshoot I T Issues with Evidence.com and Evidence.com Dock (Dock) access. Work with IT to Install EVIDENCE Sync software on locked -down computers (if applicable). One on -site session Induded Dock Installation Work with Agency to decide ideal location of Dock setup and set configurations on Dock if necessary. Authenticate Dock with Evidence.com using "adman" credentials from Agency. Work with Agency's IT to configure Its network to allow for maximum bandwidth and proper operation within Agency's network environment. On site Assistance Included Dedicated Project Manager Assignment of a specific TASER representative for all aspects of planning the Product rollout (Project Manager), Ideally, the Project Manager will be assigned to the Agency 4-6 weeks prior to rollout. Weekly project planning meetings Project Manager will develop a Microsoft Project plan for the rollout of Axon camera units, Docks and Evidence.com account training based on size, timing of rollout and Agency's desired level of training. Up to 4 weekly meetings leading up to the Evidence.com Dock installation of not more than 30 minutes In length. Best practice implementation planning session-1 on -site session to: Provide considerations for establishment of video policy and system operations best practices based on TASER's observations with other agencies. Discuss Importance of entering metadata In the field for organization purposes and other best practice for digital data management. Provide referrals of other agendes using the Axon camera products and Evidence.com services Create project plan for larger deployments. Recommend rollout plan based on review of shift schedules. System Admln and trnubleshootine training sessions 2 on -site sessions —each providing a step-by-step explanation and assistance for Agency's configuration of security, roles & permissions, categories & retention, and other specific settings for Evidence.com. Axon instructor training Prior to general user training on Axon camera systems and Evidence.com services, TASER's on -site professionar services team will provide training for instructors who can support the Agency's subsequent Axon camera and Evidence.com training needs. End user go live training and support sessions Provide individual device set up and configuration assistance; pairing with viewers when applicable; and training on device use, Evidence.com and EVIDENCE Sync. Implementation document packet Evidence.com administrator guides, camera Implementation guides, network setup guide, sample polices, and categories & roles guide Post go live review session 1.2. Additional training days may be added on to any service package for additional fees set forth in the Quote. Title: Evldenoe.com Maser Service Agreement with Exhibits Department Legal Version: 11.0 Release Date: 7/31/2015 Page 12 of 16 402 of 535 7" P it tf r i {: r I. 1 B ii 2 Out of Scope Services. TASER is responsible to perform only the Services described on the Quote. Any additional services discussed or implied that are not defined explicitly by the Quote will be considered out of the scope. 3 Delivery of Services. 3.1. Hours and Travel. TASER personnel will work within normal business hours, Monday through Friday, 8:30 a.m. to 5:30 p.m., except holidays unless otherwise agreed in advance. All tasks on - site will be performed over a consecutive timeframe unless otherwise agreed to by the Parties in advance. Travel time by TASER personnel to Agency premises will not be charged as work hours performed. 3.2. Changes to Services. Changes to the scope of Services must be documented and agreed upon by the Parties In a change order. Changes may require an equitable adjustment In the charges or schedule. 4 Authorization to Access Computer Systems to Perform Services. The Agency authorizes TASER to access relevant Agency computers and network systems solely for the purpose of performing the Services. TASER will work diligently to identify as soon as reasonably practicable the resources and information TASER expects to use, and will provide an initial itemized list to the Agency. The Agency Is responsible for, and assumes the risk of any problems, delays, losses, claims, or expenses resulting from the content, accuracy, completeness, and consistency of all data, materials, and information supplied by the Agency. 5 Site Preparation and Installation. Prior to delivering any Services, TASER will provide 1 copy of the then -current user documentation for the Services and related Products in paper or electronic form (Product User Documentation). The Product User Documentation will include all environmental spedfications that must be met in order for the Services and related Products to operate in accordance with the Product User Documentation. Prior to the Installation of Product (whether performed by the Agency or TASER), the Agency must prepare the Installation Site in accordance with the environmental specifications set forth in the Product User Documentation. Following the installation of the Products, the Agency must maintain the Installation Slte where the Products have been installed in accordance with the environmental specifications set forth in the Product User Documentation. In the event that there are any updates or modifications to the Product User Documentation for any Products provided by TASER under this Agreement, including the environmental specifications for the Products, TASER will provide the updates or modifications to Agency when they are Generally released by TASER to TASER customers. 6 Acceptance Checklist. TASER will present an Acceptance Checklist (Checklist) upon completion of the Services that will exactly mirror the description of services within this Section. The Agency will sign the Checklist admowledging completion of the Services once the on -site service session has been completed. If the Agency reasonably beileves that TASER did not complete the Services In substantial conformance with this Agreement, the Agency must notify TASER in writing of the specific reasons for rejection of the Services within 7 calendar days from delivery of the Checklist. TASER will address the issues and then will re -present the Checklist for approval and signature. If TASER does not receive the signed Checklist or a written notification of the reasons for the rejection of the performance of the Services within 7 calendar days of delivery of the Checklist, the absence of the Agency response will constitute affirmative acceptance of the Services, and a waiver of any right of rejection. 7 Liability for Loss or Corruption of Data. The Agency Is responsible for: (i) instituting proper and timely backup procedures for Agency software and data; (II) creating timely backup copies of Agency software or data that may be damaged, lost, or corrupted due to our provision of Services; and (ill) using backup copies to restore any Agency software or data In the event of any loss of, damage to, or corruption of the Tde: Evidence.00m Master Service Agreement with Exhibits Department: Legal Version: 11.0 Release Date: 7/31/2015 Page 13 of 16 403 of 535 eF1 p a Y e a operational version of Agency software or data. However, regardless of any assistance provided by TASER: (1) TASER will in no way be liable for the accuracy, completeness, success, or results of efforts to restore Agency software or data; (ii) any assistance provided by TASER under this Section is without warranty, express or implied. Title: Evidence. om Master Service Agreement with Exhibits Department Legal Version: 11.0 Release Date: 7/31/415 page 14of18 404 of 535 7.JkaE ew oT 1, C L. r. TASER Assurance Plan Appendix The TASER Assurance Plan or "TAP" has been purchased as part of the Quote attached to this Agreement. TAP provides hardware extended warranty coverage, Spare Products, and Upgrade Models at the end of the TAP Term. TAP only applies to the TASER Product listed In the Quote with the exception of any initial hardware or any software services offered for, by, or through the Evidence.com website. The Agency may not buy more than one TAP for any one covered Product. TAP Warranty Loveragg. TAP includes the extended warranty coverage described In the current hardware warranty. TAP warranty coverage starts at the beginning of the TAP Term and continues as long as the Agency continues to pay the required annual fees for TAP. The Agency may not have both an optional extended warranty and TAP on the Axon camera/Dock product. TAP for the Axon camera products also Includes free replacement of the Axon flex controller battery and Axon body battery during the TAP Term for any failure that is not specifically excluded from the Hardware Warranty, 2 TAP Term. TAP Term start date is based upon the shipment date of the hardware covered under TAP. If the shipment of the hardware occurred in the first half of the month, then the Term starts on the 1st of the followhng month. If the shipment of the hardware occurred in the second half of the month, then the Term starts on the 15th of the following month. 3 SPARE Product. TASER will provide a predetermined number of spare Products for those hardware items and accessories listed In the Quote (collectively the "Spare Products") to keep at the Agency location to replace broken or non-functioning units in order to improve the availability of the units to officers in the field. The Agency must return to TASER, through TASER's RMA process, any broken or non-functoning units for which a Spare Product Is utilized, and TASER will repair or replace the non-functioning unit with a replacement product. TASER warrants it will repair or replace the unit which fails to function for any reason not excluded by the TAP warranty coverage, during the TAP Term with the same product or a like product, at TASER's sole option, The Agency may not buy a new TAP for the replacement product or the Spare Product. 3.1. Within 30 days of the end of the TAP Term the Agency must return to TASER all Spare Products. The Agency will be invoiced for and are obligated to pay to TASER the MSRP then in effect for all Spare Products not returned to TASER. If all the Spare Products are returned to TASER, then TASER will refresh the allotted number of Spare Products with Upgrade Models if the Agency purchases a new TAP for the Upgrade Models. 4 TAP Upgrade Models. Upgrade Models are to be provided as follows during and/or after the TAP Term: (i) an upgrade will provided in year 3 If the Agency purchased 3 years of Evidence.com services with Ultimate Licenses or Unlimited Licenses and all TAP payments are made; or (II) 2.5 years after the Effective Date and once again 5 years after the Effective Date if the Agency purchased 5 years of Evidence.com services with an Ultimate License or Unlimited Licenses or OSP and made all TAP payments. Any products replaced within the six months prior to the scheduled upgrade will be deemed the Upgrade Model. Thirty days after the Upgrade Models are received, the Agency must return the products to TASER or TASER will deactivate the serial numbers for the products received unless the Agency purchases additional Evidence.com licenses for the Axon camera products the Agency Is keeping. The Agency may buy a new TAP for any Upgraded Model, Title: Evidence.com Master Service Agreement with Exhibits Department: Legal Version: 11.0 Release Date: 7/31/2015 Page 15 or 166 405 of 535 4,9 4. _ O Y , o f 4.1. TAP Axon Camera Upgrade Models. 4.1.1. If the Agency purchased TAP for Axon Cameras as a stand-alone service, then TASER will upgrade the Axon camera (and controller if applicable), free of charge, with a new on - officer video camera that is the same product or a like product, at TASER's sole option. TASER makes no guarantee that the Upgrade Model will utilize the same accessories or Dock. If the Agency would like to change product models for the Upgrade Model, then the Agency must pay the price difference In effect at the time of the upgrade between the MSRP for the offered Upgrade Model and the MSRP for the model that will be acquired. No refund will be provided if the MSRP of the new model is less than the MSRP of the offered Upgrade Model. 4.1.2. If the Agency purchased Unlimited License or OSP, then TASER will upgrade the Axon camera (and controller If applicable), free of charge, with a new on -officer video camera of the Agency's choice. 4.2. TAP Dock Upgrade Models. TASER will upgrade the Dock free of charge, with a new Dock with the same number of bays that is the same product or a like product, at TASER's sole option. If the Agency would like to change product models for the Upgrade Model or add additional bays, then the Agency must pay the price difference in effect at the time of the upgrade between the MSRP for the offered Upgrade Model and the MSRP for the model desired. No refund will be provided if the MSRP of the new model is less than the MSRP of the offered Upgrade Model. 5 TAP Termination. If an invoice for TAP is more than 30 days past due or the Agency defaults on Its payments for the Evldence.com services then TASER may terminate TAP and all outstanding Product related TAPs. TASER will provide notification that TAP coverage is terminated. Once TAP coverage is terminated for any reason, then: 5.1. TAP coverage will terminate as of the date of termination and no refunds will be given. 5.2. TASER will not and has no obligation to provide the free Upgrade Models. 5.3. The Agency will be invoiced for and are obligated to pay to TASER the MSRP then in effect for all Spare Products provided under TAP. If the Spare Products are retumed within 30 days of the Spare Product invoice date, credit will be issued and applied against the Spare Product Invoice. 5.4. The Agency will be responsible for payment of any missed payments due to the termination before being allowed to purchase any future TAP. 5.5. If the Agency received Axon Products free of charge and TAP is terminated before the end of the term then (a) the Agency will be Invoiced for the remainder of the MSRP for the Products received and not already paid as part of the TAP before the termination date; or (b) only In the case of termination for non -appropriations, return the Products to TASER within 30 days of the date of termination. Title: Evldence.com Master Service Agreement with Exhibits Department; Legal Version: 11.0 Release Date: 7/31/2015 3, 406 of 535 TASER International Protect LOW. Protect Truth. 17800 N 85th St. Scottsdale, Arizona 85255 United States Phone: (800) 978-2737 Fax: Robert Rounds (619) 336-4433 (619) 336-4525 rrounds©nationalcityca.gov Bill To: National City Police Dept. - CA 1200 National City Boulevard National City, CA 91950 US Ship To: Robert Rounds National City Police Dept. - CA 1200 National City Boulevard National City, CA 91950 US Quotation Quote: Q-53527-4 Date: 6/14/2016 3:43 PM Quote Expiration: 6/30/2016 Contract Start Date*: 8/15/2016 Contract Term: 5 years AX Account Number: 106266 SALESPERSON Dan Hildennan PHONE EMAIL DELIVERY METHOD PAYMENT METHOD dhilderman@taser.com Fedex - Ground Net 30 *Note this will vary based on the shipment date (lithe product. Hardware, due net 30 65 Axon Body 2 10 Axon Body 2 Docks 5 Axon Flex 1 Flex Dock QTY ITEM # DESCRIPTION UNIT PRICE TOTAL BEFORE DISCOUNT DISCOUNT (S) NET TOTAL 65 74001 AXON CAMERA ASSEMBLY, ONLINE, AXON BODY 2 USD 399.00 USD 25,935.00 USD 0.00 USD 25,935.00 35 74021 MAGNET MOUNT, THICK OUTERWEAR, AXON BODY 2 USD 0.00 USD 0.00 USD 0.00 USD 0.00 30 74022 SM POCKET MOUNT, 4", AXON BODY 2 1 USD 0.00 USD 0.00 USD 0.00 USD 0.00 65 74020 MAGNET MOUNT, FLEXIBLE, AXON BODY2 USD 0.00 USD 0.00 USD 0.00 USD 0.00 65 73004 WALL CHARGER, USB SYNC CABLE, FLEX USD 0.00 USD 0.00 USD 0.00 USD 0.00 10 70033 WALL MOUNT BRACKET, ASSY, EVIDENCE.COM DOCK USD 35.00 USD 350.00 USD 0.00 USD 350.00 Page 1 of 407 of 535 QTY ITEM # DESCRIPTION UNIT PRICE TOTAL BEFORE DISCOUNT DISCOUNT (S) NET TOTAL 10 74008 AXON DOCK, 6 BAY +CORE, AXON BODY 2 USD 1,495.00 USD 14,950.00 USD 0.00 USD 14,950.00 3 74001 AXON CAMERA ASSEMBLY, ONLINE, AXON BODY 2 USD 0.00 USD 0.00 USD 0.00 USD 0.00 5 73096 CAMERA SYSTEM, .AXON FLEX USD 599.00 USD 2,995.00 USD 0.00 USD 2,995.00 5 73088 RATCHET COLLAR/VERSATILE/ CAPMOUNT, FLEX USD 0,00 USD 0.00 USD 0.00 USD 0.00 1 70026 EVIDENCE.COM DOCK, AXON SIX BAY USD 1,495.00 USD 1,495.00 USD 0.00 USD 1,495.00 1 70033 WALL MOUNT BRACKET, ASSY, EVIDENCE.COM DOCK USD 35.00 USD 35.00 USD 0.00 USD 35.00 1 73096 CAMERA SYSTEM, AXON FLEX USD 0.00 USD 0.00 USD 0.00 USD 0.00 5 73036 CONTROLLER, HOLSTER, BELT CLIPS, FLEX USD 0.00 USD 0.00 USD 0.00 USD 0.00 1 73036 CONTROLLER, HOLSTER, BELT CLIPS, FLEX USD 0.00 USD 0.00 USD 0.00 USD 0,00 Hardware, due Hardware, due net 30 NetAmouat net 30 Tax Amount: Die Including Taxes: USD 4,118.46 USD 49,878.46 Year Due net 30 of customer receipt of equipment in their fiscal year 2017 Year 1 begins on date ofequipmcnt received QTY ITEM # DESCRIPTION UNIT PRICE TOTAL BEFORE DISCOUNT DISCOUNT (S) NET TOTAL 65 85078 ULTIMATE EVIDENCE.COM ANNUAL PAYMENT USD 660.00 USD 42,900.00 USD 13,000.00 USD 29,900.00 2,600 85110 EVIDENCE.COM INCLUDED STORAGE USD 0.00 USD 0.00 USD 0.00 USD 0.00 2 89101 PROFESSIONAL EVIDENCE,COM LICENSE: YEAR 1 PAYMENT USD 468.00 USD 936.00 USD 0.00 USD 936.00 60 85110 EVIDENCE.COM INCLUDED STORAGE USD 0.00 USD 0.00 USD 0.00 USD 0.00 7,800 85035 EVIDENCE.COM STORAGE USD 0.75 USD 5,850.0D USD 0.00 USD 5,850.00 10 87026 TASER ASSURANCE PLAN DOCK 2 ANNUAL PAYMENT USD 216.00 USD 2,160.00 USD 0.00 USD 2,160.00 5 85079 TASER ASSURANCE PLAN EU& SVIDENCE.COM DOCK ANNUAL PAYMENT USD 36.00 USD 180.00 USD 0.00 USD 180.00 5 85078 ULTIMATE EVIDENCE.COM ANNUAL PAYMENT USD 660.00 USD 3,300.00 USD 1,000.00 USD 2,300.00 200 85110 EVIDENCE.COM INCLUDED STORAGE USD 0.00 USD 0.00 USD 0.00 USD 0.00 600 85035 EVIDENCE.COM STORAGE USD 0.75 USD 450.00 USD 0.00 USD 450.00 1 85055 PREMIUM PLUS SERVICE USD 15,000.00 USD 15,000.00 USD 0,00 USD 15,000.00 Year I Net Amount Year 1 Tax Amount•. Year 1 Discount: USD 3,I08.60 USD 14,000,00 Due Including Taxes: USD 59,884,60 Page 2 of 5 408 of 535 Year 2 QTY ITEM 11 DESCRIPTION UNIT PRICE TOTAL BEFORE DISCOUNT DISCOUNT (S) NET TOTAL 600 85035 EVIDENCE.COM STORAGE USD 0.75 * USD 450.00 USD 0.00 USD 450.00 7,800 85035 EVIDENCE.COM STORAGE USD 0.75 USD 5,850.00 USD 0.00 USD 5,850.00 5 85078 ULTIMATE EVIDENCE.COM ANNUAL PAYMENT USD 660.00 USD 3,300.00 USD 0.00 USD 3,300.00 200 85110 EVIDENCE.COM INCLUDED STORAGE USD 0.00 USD 0.00 USD 0.00 USD 0.00 65 85078 ULTIMATE EVIDENCE.COM ANNUAL PAYMENT USD 660.00 USD 42,900.00 USD 0.00 USD 42,900.00 2,600 85110 EVIDENCE.COM INCLUDED STORAGE USD 0.00 USD 0.00 USD 0.00 USD 0.00 2 89201 PROFESSIONAL EVIDENCE.COM LICENSE: YEAR 2 PAYMENT USD 468.00 USD 936.00 USD 0.00 USD 936.00 60 85110 EVIDENCE.COM INCLUDED STORAGE USD 0.00 USD 0.00 USD 0.00 USD 0.00 5 85079 TASER ASSURANCE PLAN ETMI EVIDENCE.COM DOCK ANNUAL PAYMENT USD 36.00 USD I80.00 USD 0.00 USD 180.00 10 87026 TASER ASSURANCE PLAN DOCK 2 ANNUAL PAYMENT USD 216.00 USD 2,160.00 USD 0.00 USD 2,160.00 Year 2 Net Amenut Year 2 Tax Amount: USD 4,368.60 Doe Including Taxes: USD 60,144.60 Year 3 QTY ITEM 4 DESCRIPTION UNIT PRICE TOTAL BEFORE DISCOUNT DISCOUNT (S) NET TOTAL 600 85035 EVIDENCE.COM STORAGE USD 0.75 USD 450.00 USD 0.00 USD 450.00 7,800 85035 EVIDENCE.COM STORAGE USD 0.75 USD 5,850.00 USD 0.00 USD 5,850.00 5 85078 ULTIMATE EVIDENCE.COM ANNUAL PAYMENT USD 660,00 USD 3,300.00 USD 0.00 USD 3,300.00 200 85110 EVIDENCE.COM INCLUDED STORAGE USD 0.00 USD 0.00 USD 0.00 USD 0.00 65 85078 r85110 ULTIMATE EVIDENCE.COM ANNUAL PAYMENT USD 660.00 USD 42,900.00 USD 0.00 USD 42,900.00 2,600 EVIDENCE.COM INCLUDED STORAGE USD 0.00 USD 0.00 USD 0.00 USD 0.00 2 89301 PROFESSIONAL EVIDENCE.COM LICENSE: YEAR 3 PAYMENT USD 468.00 USD 936.00 USD 0.00 USD 936.00 60 85110 EVIDENCE.COM INCLUDED STORAGE USD 0.00 USD 0.00 + USD 0.00 USD 0.00 5 85079 TASER ASSURANCE PLAN ETM/ EVIDENCE.COM DOCK ANNUAL PAYMENT USD 36.00 USD 180.00 USD 0.00 USD 180.00 10 87026 TASER ASSURANCE PLAN DOCK 2 ANNUAL PAYMENT USD 216.00 USD 2,160.00 USD 0.00 USD 2,160.00 Year 3 Net Amount Year 3 Tax Amount: USD 4,368.60 Due Including Taxes: USD 60,144.60 Year 4 QTY ITEM to DESCRIPTION UNIT PRICE TOTAL BEFORE DISCOUNT DISCOUNT ($) NET TOTAL 7,800 85035 EVIDENCE.COM STORAGE USD 0.75 USD 5,850.00 USD 0.00 USD 5,850.00 600 85035 EVIDENCE.COM STORAGE USD 0.75 USD 450.00 USD 0.00 USD 450.00 Page 3 of 5 409 of 535 QTY ITEM # DESCRIPTION UNTT PRICE TOTAL BEFORE DISCOUNT DISCOUNT($) NET TOTAL 5 85078 ULTIMATE EV WENCE.COM ANNUAL PAYMENT USD 660.00 USD 3,300.00 USD 0.00 USD 3,300.00 200 85110 EVIDENCE,COM INCLUDED STORAGE USD 0.00 USD 0.00 USD 0.00 USD 0.00 65 85078 ULTIMATE EViDENCE.COM ANNUAL PAYMENT USD 660.00 USD 42,900.00 USD 0.00 USD 42,900.00 2,600 85110 EVIDENCE.COM INCLUDED STORAGE USD 0.00 USD 0.00 USD 0.00 USD 0.00 2 89401 PROFESSIONAL EVIDENCE.COM LICENSE: YEAR 4 PAYMENT USD 468.00 USD 936.00 USD 0.00 USD 936.00 60 85110 EVIDENCE.COM INCLUDED STORAGE USD 0.00 USD 0.00 USD 0,00 USD 0.00 5 85079 TASER ASSURANCE PLAN ETM/ EVIDENCE.COM DOCK ANNUAL PAYMENT USD 36.00 + USD 180.00 USD 0.00 USD 180.00 10 87026 TASER ASSURANCE PLAN DOCK 2 ANNUAL PAYMENT USD 216.00 j USD 2,160.00 USD 0.00 USD 2,160.00 Year 4 Tax Amount: Year 4 Net Amount Due Including Taxes: USD 4,368.60 USD 60,144.60 Year 5 QTY ITEM # DESCRIPTION UNIT PRICE TOTAL BEFORE DISCOUNT DISCOUNT (S) NET TOTAL 600 85035 EVIDENCE.COM STORAGE USD 0.75 USD 450.00 USD 0.00 USD 450.00 7,800 85035 EVIDENCE.COM STORAGE USD 0.75 USD 5,850.00 USD 0.00 USD 5,850.00 5 85078 ULTIMATE EVIDENCE.COM ANNUAL PAYMENT USD 660.00 USD 3,300.00 USD 0.00 USD 3,300.00 200 85110 EV1DENCE.COM INCLUDED STORAGE USD 0.00 USD 0.00 USD 0.00 USD 0.00 65 85078 ULTIMATE EVIDENCE.COM ANNUAL PAYMENT USD 660.00 USD 42,900.00 USD 0.00 USD 42,900.00 2,600 85110 EVIDENCE.COM INCLUDED STORAGE USD 0.00 USD 0.00 USD 0.00 USD 0.00 2 J. 89501 PROFESSIONAL EVIDENCE.COM LICENSE: YEAR 5 PAYMENT USD 468.00 USD 936.00 USD 0.00 USD 936.00 60 85110 EVIDENCE.COM INCLUDED STORAGE USD 0.00 USD 0.00 USD 0.00 USD 0.00 5 85079 TASER ASSURANCE PLAN ETM/ EVIDENCE.COM DOCK ANNTJAL PAYMENT USD 36.00 USD 180.00 USD 0,00 USD 180.00 10 87026 TASER ASSURANCE PLAN DOCK 2 ANNUAL PAYMENT USD 216.00 USD 2,160.00 USD 0.00 USD 2,160.00 Year 5 Tax Amount: Year 5 Net Amount Due Including Taxes: USD 4,368.60 USD 60,144.60 Subtotal Estimated Shipping & Handling Cost Estimated Tax Grand Total Page 4 of 5 USD 325,640.00 USD 549.12 USD 24,701.46 USD 350,890.58 3s 410 of 535 Complimentary Evidence.eom Tier Upgrade Through September 2016 This quote contains a purchase of either the Basic or Standard Evidence,com license. You will temporarily receive the features availablee with the Professional license for the Basic and Standard licenses purchased until September 2016. This is a free upgrade to your account so you can enjoy all the benefits of our most feature rich license tier. In September 2016 you will be prompted to select which users you would like to assign to each tier. This will have no impact on uploaded data. Axon Pre -order Thank you for your interest in Axon! This pre -order is a commitment to purchase Axon Body 2 and/or Axon Fleet. Axon Body 2 is available for delivery between 8-10 weeks after purchase date. Axon Fleet is available for delivery between August 1, 2016 and August 14, 2016, You will be notified if there are any delays. TASER reserves the right to make product changes without notice. TASER International, Inc.'s Sales Terms and Conditions for Direct Sales to End User Purchasers By signing this Quote, you are entering into a contract and you certify that you have read and agree to the provisions set forth in this Quote and TASER's Master Services and Purchasing Agreement posted at ,, .• You represent that you are lawfully able to enter into contracts and if you are entering into this agreement far an entity, such as the company, municipality, or government agency you work for, you represent to TASER that you have legal authority to bind that entity. If you do not have this authority, do not sign this Quote. Signature: Name (Print): PO# (if needed): Date: Title: Quote: Q-53527-4 Please sign and email to Dan Hilderman at dhilderman@taser.com or fax to THANK YOU FOR YOUR BUSINESS! 'Protect Life' and C are trademarks of TASER International, Inc., and TASER® is a registered trademark of TASER International, Inc, registered in the U.S. t? 2013 TASER International, lac. All rights reserved. Page 5 of 5 411 of 535 A CERTIFICATE OF LIABILITY INSURANCE DAT06! B/2OD6YYY} THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s), PRODUCER Risk Insurance services West, Inc. Piioen i x AZ Offi Ce 2555 East Camelback Rd. suite 700 Phoenix AZ 85016 USA CONTACT NAMEAon PHONE PHONE (866) 283-7122 FAX 800-363-0105 on. No. Ext}: (per No.). E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURED Taser International, Inc. 17800 N. 85th Street Scottsdale AZ 85255 USA CAtfCQArICQ nrnT..-... a...- I..,.... ... INSURERk Lexington Insurance Company 19437 INSURERB: INSURERC: INSURER D: INSURER E: INSURER F: ... -_ .-+.v.vn rwrnora. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested LTR TYPE OF INSURANCE ADDL INSD SAO VWD POLICY NUMBER MmrropflY Y?� MWDD)YYYYY ) LIMITS A X COMMERCIAL GENERAL LIABILITY 028182385 12/15 2015 12/15/1U16 EACH OCCURRENCE $10,000,000 A CLAIMS -MADE I (OCCUR 11 I_I SIR applies per policy terns 021391643 & condi'i Ons DAMgO'ic oR ExC7 uded 12/15/2015 12/15/2016 PREMISES (Ea occurrence) X Claims Made Policy for ECD Taser Onty GL - Occurrence MED EXP (Any one person) Excluded X Occurrence Policy for Non-ECD SIR applies per policy terns & conditions PERSONAL & ADV INJURY Intl GEN'L AGGREGATE LIMIT APPLIES PER: PRO- GENERAL AGGREGATE uded 510, 000, 000 X POLICY I Il ILOC JECT 1 l PRODUCTS -COMPIOPAGG 510,000,000 OTHER: AUTOMOBILE LIABILITY _ COMBINED SINGLE LIMIT (Ea accident) ANY AUTO — BODILY INJURY ( Per person) —t OWNED AUTOS ONLY — SCHEDULED AUTOS BODILY INJURY (Peraccklen0 HIRED AUTOS NON -OWNED PROPERTY DAMAGE (Per accident) UMBRELLAUAB OCCUR EACH OCCURRENCE EXCESS LIB CLAIMS -MADE AGGREGATE DED, RETENTION WORKERS COMPENSATION AM EMPLOYERS' LIABILITY Y f N PER STATUTE OTH- ER ANY PROPRIETOR / PARTNER! EXECUTIVE OFFICER/MEMBER EXCLUDED? N! A E.L. EACH ACCIDENT (Mandatory In NH} If yes, describe under E.L. DISEASE -EA EMPLOYEE D DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT i • DESCRIPTION OF OPERATIONS l LOCATIONS! VEHICLES (ACORD 101, Addidonar Remarks Schedule, may be attached if more space is required) 7. The General Liability Occurrence policy and the Claims Made policy share the limit. RE: sWC Contract. City of National City and its officers, agents, employees and volunteers are included as Additional Insured in accordance with the policy provisions o, the General Liability policy. ■ r i ...-..�..... __ ..:. ___ i CANCELLATION city of National city 1243 National City Boulevard National City CA 91950 USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Holder Identifier : Certificate No : 570062569640 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016iO3) The ACORD name and logo are registered marks of ACORD 412 of 535 ENDORSEMENT This endorsement, effective 12:01 AM 12/15/2015 Forms a part of policy no.: 028182385 Issued to: TASER INTERNATIONAL, INC. By: LEXINGTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED REQUIRED BY WRITTEN CONTRACT A. Section II - Who Is An Insured is amended to include any person or organization you are re- quired to include as an additional insured on this policy by a witten contract or written agreement in effect during this policy period and executed prior to the "occurrence" of the "bodily injury" or "property damage." B. The insurance provided to the above described additional insured under this endorsement is limited as follows: 1. COVERAGE A BODILY INJURY AND PROPERTY DAMAGE (Section I - Coverages) only. 2. The person or organization is only an ad- ditional insured wit respect to liability arising out of "your work" or "your pro- duct' for that additiona! insured. 3. In the event that the Limits of Insurance provided by this policy exceed the Limits of Insurance required by the written contract or written agreement, the insurance pro- vided by this endorsement shall be limited to the Limits of Insurance required by the written contract or written agreement This endorsement shall not increase the Limits of Insurance stated in the Declarations under Item 3. Limits of Insurance pertaining to the coverage provided herein. LX9466 (10103) 4. The insurance provided to such an additional insured does not apply to "bodily injury' or "property damage" arising out of an architect's, engineer's or surveyor's rendering of or failure to render any pro- fessional services including: i The preparing, approving or failing to prepare or approve maps, shop draw- ings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; and ii Supervisory, inspection, architectural or engineering activities. 5. This insurance does not apply to "bodily injury" or "property damage" arising out of "your work" or "your product" included in the "products -completed operations hazard" unless you are required to provide such coverage by written contract or written agreement and then only for the period of time required by the written contract or written agreement and in no event beyond the expiration date of the policy. Includes copyrighted Information of the Insurance Services Offices, Inc. with rights reserved. Page 1 of 2 413 of 535 6. Any coverage provided by this endorse- ment to an additional insured shall be excess over any other valid and collectible insurance available to the additional insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement specifically requires that this insurance apply on a primary or non-contributory basis. C. Subparagraph (1)(a) of the Pollution exclusion paragraph 21, Exclusions of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section I - Coverages) does not apply to you if the "bodily injury" or "property damage" arises out of "your work" or "your product' performed on premises which are owned or rented by the additional insured at the lime "your work" or "your product' is per- formed. D. In accordance with the terms and conditions of the policy and as more fully explained in the policy, as soon as practicable, each additional insured must give us prompt notice of any "occurrence" which may result in a claim, forward all legal papers to us, cooperate in the defense of any actions, and otherwise comply with all of the policy's terms and conditions. Authorized Representative Includes copyrighted information of the Insurance Services Offices, Inc. LX9466 (10/03) with rights reserved. Page 2 of 2 414 of 535 ENDORSEMENT This endorsement, effective 12:01 AM 12/15/2015 Forms a part of policy no.: 021391643 Issued to: TASER INTERNATIONAL, INC. By: LEXINGTONINSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED REQUIRED BY WRITTEN CONTRACT A. Section II - Who Is An Insured is amended to include any person or organization you are re- quired to include as an additional insured on this policy by a written contract or written agreement in effect during this policy period and executed prior to the "occurrence" of the "bodily injury" or "property damage." B _ The insurance provided to the above described additional insured under this endorsement is limited as follows: 1. COVERAGE A BODILY INJURY AND PROPERTY DAMAGE (Section I - Coverages) only. 2 The person or organization is only an ad- ditional insured vuih respect to liability arising out of "your work" or "your pro- duct' for that additional insured. 3. In the event that the Limits of Insurance provided by this policy exceed the Limits of Insurance required by the written contract or written agreement, the insurance pro- vided by this endorsement shall be limited to the Limits of Insurance required by the written contract or written agreement This endorsement shall not increase the Limits of Insurance stated in the Declarations under Item 3. Limits of Insurance pertaining to the coverage provided herein. 4. The insurance provided to such an additional insured does not apply to "bodily injury" or "property damage" arising out of an architect's, engineer's or surveyor's rendering of or failure to render any pro- fessional services including: i The preparing, approving or failing to prepare or approve maps, shop draw- ings, opinions, reports, surveys, field orders, change orders, or dravangs and specifications; and ii Supervisory, inspection, architectural or engineering activities. 5. This insurance does not apply ID "bodily injury" or "property damage" arising out of "your work" or "your product" included in the "products -completed operatons hazard" unless you are required to provide such coverage by written contract or written agreement and then only for the period of lime required by the written contract or written agreement and in no event beyond the expiration date of the policy. Includes copyrighted information of the Insurance Services Offices, Inc. LX9466 (10/03) with rights reserved. Pagel of 2 415 of 535 6. My coverage provided by this endorse- ment to an additional insured shall be excess over any other valid and collectible insurance available to the additional insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement specifically requires that this insurance apply on a primary or non-contributory basis. C. Subparagraph (1)(a) of the Pollution exclusion paragraph 2.f., Exclusions of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section I - Coverages) does not apply to you if the "bodily injury" or "property damage" arises out of "your work" or "your product' performed on premises which are owied or rented by the additional insured at the time "your work" or "your product' is per- formed. LX9466 (10/03) D. In accordance with the terms and conditions of the policy and as more fully explained in the policy, as soon as practicable, each additional insured must give us prompt notice of any "occurrence" which may result in a claim, forward all legal papers to us, cooperate in the defense of any actions, and otherwise comply with all of the policy's terms and conditions. Authorized Representative Includes copyrighted information of the Insurance Services Offices, Inc. with rights reserved. Page 2 of 2 416 of 535 ' !z"r CERTIFICATE OF LIABILITY INSURANCE L1ATE06//1M/01YYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Aon Risk Insurance Services west, Inc. Phoenix AZ office 2555 East Camel back Rd. Suite 700 Phoenix AZ 85016 USA CONTACT NAME: PHONE (S66) 283-7122 FAX (A)C. No. Ext): (per No ). (SDO) 363-D105 E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIL # INSURED Taser International, Inc. 17800 N. 85th Street Scottsdale AZ 85255 USA rnvcoar_rQ ...-.�m�....�........�.._ - INSURER A: Colony Insurance Company 39993 INSURERB: INSURERC: INSURER D: INSURER E: INSURER F: � THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested �R TYPE OF INSURANCE AODL JNSD SUBR WV() POLICY NUMBER POLICY EFF IMNMDO1YYYY) POLICY EXP (MM(DDYIYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE CLAIMS -MADE ■ OCCUR RENTED —I PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GEN'L AGGREGATE LIMIT APPLIES PER: PRO- GENERAL AGGREGATE POLICY n JECT LOC PRODUCTS -COMP/OP AGG OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) _ — ANY AUTO — BODILY INJURY ( Per person) OWNED AUTOS ONLY _ SCHEDULED AUTOS BODILY INJURY (Per accident) — HIRED AUTOS ONLY — NON -OWNED AUTOS ONLY PROPERTY DAMAGE (Par accident) — UMBRELLA LIAR OCCUR EACH OCCURRENCE EXCESS LIAB CLAIMS -MADE AGGREGATE DED 'RETENTION WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN PER STATUTE ORµ ANY PROPRIETOR! PARTNER / EXECUTIVE OFFICER/MEMBER EXCLUDED? ❑ N / A E.L. EACH ACCIDENT (Mandatory In NH) IF yes, describe under E.L. DISEASE -EA EMPLOYEE D DESCRIPTION OF OPERATIONS bebw E.L DISEASE -POLICY LIMIT A E&0-Technology E0407121 Cyber & Professional E&o 09/18/2015 09/18/2016 Per Claim Aggregate Deductible $5,000,000- $5,000,0001 $50,0007, DESCRIPTION OF OPERATIONS! LOCATIONS 1 VEHICLES (ACORD 01, Additional Remoras Schdiir, may be ached H more space is required) d RE: BWC contract. City of National City and its officers, agents, employees and volunteers are included as Additional Insured j in accordance with the policy provisions of the Cyber Liability policy. i r 1; =1 0 CANCELLATION Holder Identifier : Certificate No : 570062569636 city of National city 1243 National City Boulevard National City CA 91950 USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE CEUVERED IN ACCORDANCE WITH THE POUCY PROVISIONS. AUTHORIZED REPRESENTATNE Oft c tel:im 0st.... iGi4GGd 1i6�{i �9fa irks agt ACORD 25 (2016103) 01988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and Togo are registered marks of ACORD 417 of 535 AGENCY CUSTOMER ID: 570000007117 LOC #: ADDITIONAL REMARKS SCHEDULE Page _of_ AGENCY Aon Risk Insurance Servi ces West, Inc. POLIO! NUMBER See Certificate Number: 570062569636 CARRIER See Certificate Number: 570062569636 NAIC CODE NAMED INSURED Taser International, Inc. EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance INSURER(S) AFFORDING COVERAGE NAIC # INSURER INSURER INSURER .INSURER ADDITIONAL POLICIES If a policy below does not include limit information; refer to the corresponding policy on the ACORD certificate form for policy limits. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFFECTIVE DATE (MM/DDIYVYY) POLICY EXPIRATION DATE (MM/DD/YVYYI LIMITS OTHER �X I Retro Date 9/18/14 ACORD 101 (2008I01) The ACORD name and logo are registered marks of ACORD ® 2008 ACORD CORPORAT1ON. All rights reserved. 418 of 535 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED PURSUANT TO CONTRACT VICARIOUS LIABILITY In consideration of the payment of the premium for this Policy, it is hereby understood and agreed that Definition A in Section II DEFINITIONS is amended to include the following: Additional Insured also means any client or customer of the Policyholder, but only if a written contract entered into by the Policyholder specifically requires that such client or customer be added as an Additional Insured for professional liability or errors and omissions insurance, and only for Claims (i) first made on or after the effective date of this endorsement and (ii) for vicarious or implied liability of such client or customer which results from Wrongful Acts actually or allegedly committed solely by the Policyholder. This Policy will not provide coverage for any Wrongful Act actually or allegedly committed by such client or customer referenced above which is added to this Policy as an Additional Insured. All other terms and conditions remain unchanged. This endorsement changes the Policy to which it is attached and is effective on the date issued unless otherwise stated. Endorsement Effective 09/18/2015 Policy No. E0407121 Endorsement No. 5 Insured laser International, Inc Premium N/A Insurance Company Colony Insurance Company Manuscript IPRP 1-8-15 Authorized Signature 419 of 535 INSR LTR Rom' CERTIFICATE OF LIABILITY INSURANCE {MM/DDIYYYY} ATE06/18/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder. is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Aon Risk Insurance Services west, Inc. Phoenix AZ offi ce 2555 East Camel back Rd. suite 700 Phoenix AZ 85016 USA TACT NAM PHONE(866) 283-7122 FAX 800 (✓> C, No. Ext): INC. No.): ( ) 363-0105 E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# INSURED Taser International, Inc. 17800 N. 85th street Scottsdale Az 85255 USA INSURER A: Hartford Casualty Insurance Co 29424 INSURERB: Twin City Fire Insurance Company 29459 INSURERC: INSURER D: INSURER E: INSURER F: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested TYPE OF INSURANCE COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ❑ OCCUR J GEN'LAGGREGATE LIMIT APPLIES PER: POLICY ❑PRO. El LOC OTHER: AODL" VU 3 INSD POLICY NUMBER POLICY EFF (MMIDDIYYYY) LIMITS EACH OCCURRENCE DAMAGE TO ENTER PREMISES (Ea occurrencel MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS-COMP/OP AGO A AUTOMOBILE UABILF Y X ANY AUTO OWNED AUTOS ONLY X HIRED AUTOS — ONLY X SCHEDULED AUTOS NON -OWNED AUTOS ONLY 59 UUN UL7844 09/11/2015 09/11/2016 COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY ( Per person) $1,000,000 BODILY INJURY (Peraooident) PROPERTY DAMAGE (Per accident) B UMBRELLA LIAB EXCESS LIAR OCCUR CLAIMS -MADE DED� RETENTION WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y I N ANY PROPRIETOR I PARTNER / EXECUTIVE Ei OFFICERAIEMBER EXCLUDED? (Mandatory in NIQ 1 yes, describe under DESCRIPTION OF OPERATIONS below NIA 59WEPE1196 09/11/2015 09/11/2016 EACH OCCURRENCE AGGREGATE X PER E.L. EACH ACCIDENT OTH- ER $1,000,000 E.L. DISEASE -EA EMPLOYEE $1,000,000 E.L. DISEASE -POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (ACDRD 101, Additional Remarks Schedule. may be attached R more space is required) RE: BwC Contract. A waiver of Subrogation is granted in favor of city of National City in accordance with the policy provisions of the workers' Compensation policy. CERTIFICATE HOLDER City of National City 1243 National City Boulevard National City CA 91950 USA CANCELLATION Holder Identifier : 570062569437 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE iiEi c eJweetdi7AGtls it ia0 Zrai le_it�ra 01988.2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD POLICY EXP (MMIDDIYYYY), 420 of 535 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT Policy Number: 59 WE PE1196 Endorsement Number: Effective Date: 09/ 11/ 15 Effective hour is the same as stated on the information Page of the policy. Named Insured and Address: TASER INTERNATIONAL, INC- 17800 N 85TH ST SCOTTSDALE, AZ 85255 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE ANY PERSON OR ORGANIZATION FROM WHOM YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER OF RIGHT FROM US Countersigned by Form WC 00 03 13 Printed in U.S.A. Process Date: 49/27/15 Authorized Representative Policy Expiration Date: 09/11/16 POLICE DEPARTMENT OPERATING PROCEDURE NO.XX PATROL PAGE 1 OF 16 ORIGINAL DATE: XX/XX/XX SUBJECT: BODY WORN CAMERA RECORDING DEVICES I. PURPOSE This purpose of this policy is to provide guidelines related to the use, management, storage, and retrieval of data stored on Department issued Body Worn Cameras (BWCs) by members of this Department while in the performance of their duties. This policy does not apply to lawful surreptitious audio/video recording or interception of communications for authorized investigative purposes. II. POLICY The National City Police Department may provide uniformed department personnel with access to BWCs for use during the performance of their duties. The use of BWCs is intended to enhance the mission of the Department by accurately capturing contacts between members of the Department and the public. III. BACKGROUND The BWC is an "on the body" audio and video recording system assigned to an officer or other member of the department as an additional means of documenting specific incidents in the field. BWCs provide additional documentation of police/public encounters and may be an important tool for collecting evidence and maintaining public trust. Specific uses of the BWC include, but are not limited to: A. Capturing crimes in progress, whether perpetrated against Department personnel or the community, and to maintain this evidence for presentation in court. B. Documenting initial department response, the discovery of evidentiary items and the actions of department personnel pursuant to an investigation. C. Aiding in the documentation of victim, witness, and/or suspect statements pursuant to a criminal investigation; and the on -scene response and/or documentation advisement of rights, if applicable. D. Serving as a training and performance tool when such documentation pertains to an on -going professional training opportunity. The Department recognizes there are limitations with the use of BWCs. Video cannot always show the full story nor does it capture an entire scene. BWC audio and video footage is less broad and less detailed than the totality of the human senses. It is recognized that an officer's recollection of specific details may be different than what is captured by a 422 of 535 POLICE DEPARTMENT OPERATING PROCEDURE BODY WORN CAMERA RECORDING DEVICES NO. XXX PATROL Page 2 of 16 BWC. The goal of the BWC system is to provide an additional layer of documentation to assist and compliment Officers in the performance of their duties. Therefore, persons reviewing recordings must be cautious before reaching conclusions about what a video shows. BWCs are not meant to replace or relieve an officer from their responsibility to submit any and all required written reports. IV. DEFINITIONS Body Worn Camera (BWC) — A camera worn on an individual's person that records and stores audio and video. BWC Program Administrator — The department employee assigned by the Chief of Police to oversee the entire BWC program. This includes, but is not limited to, acting as the administrator overseeing the issuing and tracking of BWCs, as well as acting as the administrator for the "cloud" based digital evidence management system. The BWC Program Administrator has full access to use the "cloud" based the evidence management system to set/adjust user rights, access, and parameters. Buffering Mode — When a BWC is on, but has not been activated to record both sound and video. While in the buffering mode, the camera may continuously record video in 30 second to two minute loops depending upon the camera's setting. Digital Evidence — BWC files, including photographs, audio recordings, and video footage captured by a BWC and stored digitally. Event Mode — When the Event button on the BWC is activated and the camera is recording both audio and video. The buffered video (not audio) captured directly before the event will be saved and attached to the event in permanent memory. Repeated pressing of the Event button turns the recordings on and off and creates separate media segments. Evidence Docking Station — A portable multi -ported docking station for BWCs installed at the police station. The Evidence Docking Station simultaneously recharges the BWC while uploading all digitally encrypted data from the BWC to a "cloud" based evidence storage system. Evidence.com — A contracted digital evidence management service. The service stores digitally encrypted data in a highly secure environment accessible to personnel based on their security clearance setting. Metadata — Case numbers, event/incident numbers, and other descriptors used to identify digital evidence. There are 12 searchable fields into which metadata can be entered. V. PROCEDURE 423 of 535 A. Officer safety takes precedence over recording events. POLICE DEPARTMENT OPERATING PROCEDURE NO. XXX PATROL BODY WORN CAMERA RECORDING DEVICES Page 3 of 16 Officers shall follow existing officer safety practices, training, policies, and procedures when contacting members of the public in the performance of their duties. Officer safety and the safety of the public shall be the primary consideration when contacting members of the public or conducting vehicle stops, not the ability to record an event. It is recognized that there may be circumstances when events occur so quickly that an officer does not have time to activate their BWC. B. BWCs will be used to capture audio and video evidence for investigations and enforcement encounters. The existence of BWC footage does not relieve an officer from completing detailed reports. Detailed reports are required to document the totality of the circumstances related to an incident. C. General 1. Only authorized personnel will use or be in possession of a BWC device. 2. All personnel issued a BWC are required to wear and use the BWC while working in any uniformed assignment in accordance with this department operating procedure. This applies to overtime assignments, out of class assignments, and special details. 3. BWC equipment is for official use only and is not be utilized for personal use. 4. Officers will not tamper with or dismantle any hardware or software component of any BWC device. . The use of a department issued voice recording device to supplement the BWC is authorized. 6. All digital evidence collected using the BWC is considered the property of the National City Police Department and is for official use only. 7. Accessing, copying, forwarding, or releasing any digital evidence for other than official law enforcement use, and contrary to this procedure, is strictly prohibited. Public release of digital evidence is prohibited unless approved by the Chief of Police or designee. 8. Personal computer equipment and/or software programs are not be utilized when making copies of digital evidence. Using a secondary recording device such as a video camera, mobile phone, or other device to record or capture digital evidence from the BWC and/or the Evidence.com data management system is strictly prohibited. 9. Officers are prohibited from using personally owned video recording devices for 424 of 535 any work function governed by this policy unless authorized by the Chief of Police or designee. POLICE DEPARTMENT OPERATING PROCEDURE BODY WORN CAMERA RECORDING DEVICES D. Storage When not in use, BWC devices will be stored in a designated evidence docking station to allow for proper downloading, charging, and updating until the officer's next shift. E. Pre -shift Inspection 1. Officers will inspect their assigned BWC device daily to ensure the device is properly charged, free of any visual damage, and the device is in working order. NO. XXX PATROL Page 4 of 16 2. Visual damage will be immediately reported to an on -duty patrol supervisor. a. The officer will complete an email to the on -duty patrol supervisor and the BWC Program Administrator detailing the damage. b. The BWC Program Administrator will evaluate the damage and log the damage the department's TMS system. 3. Inoperable equipment will be returned to the BWC Program Administrator as soon as possible. F. Lost/Stolen Camera 1. If a BWC is lost, the Officer will report the loss via a department memorandum up their Chain of Command and "cc" the BWC Administrator so that a loaner or replacement camera can be issued. If a BWC is stolen, the Officer will complete a theft report and will report the theft via a department memorandum up their Chain of Command and "cc" the 'BWC Administrator so that a loaner or replacement camera can be issued. G. Equipment Repa'Replacement, and Maintenance 1. When a BWC malfunctions, the officer will notify their supervisor and the BWC Program Administrator. a. The Officer will document the nature of the malfunction in an email to their supervisor and the BWC Program Administrator. 2. The inoperable equipment will be forwarded to the BWC Program Administrator for repair as soon as possible. 3. If the BWC Program Administrator cannot repair the unit, the manufacturer will 425 of 535 be contacted to facilitate the repair. a. Repair and/or replacement of damaged or malfunctioning BWC equipment POLICE DEPARTMENT OPERATING PROCEDURE NO. XXX PATROL BODY WORN CAMERA RECORDING DEVICES Page 5 of 16 will be coordinated by the BWC Program Administrator and performed by an authorized service provider. b. The BWC Program Administrator will issue a spare BWC to the officer as a loaner until the officer's assigned BWC is back from being repaired. 4. This procedure will be followed for all issues related BWC equipment and accessories. H. Camera Position Officers will wear the BWC in a conspicuous manner and in a position that provides for the most effective recording angle for the model provided to the wearer. Officers should utilize their viewers to ensure the BWC is in a position where the field of view provides for effective recording. Officers shall not intentionally obscure the view of their BWC. I. Privacy Concerns and Advisements 1. People have a reasonable expectation of privacy in their homes. However, when Officers are lawfully present in a home (for example — warrant, consent, or exigent circumstances) in the course and scope of their official duties, there is no reasonable expectation of privacy. Therefore, Officers are not required to give notice they are recording. Officers are not required to give notice they are recording, whether in public areas or private residences. However, if asked, Officers may advise community members they are being recorded. 3. Officers are not required to initiate or cease recording an event, situation, or circumstance solely at the demand of a community member. 4. When recording interviews, Officers should make every effort to record any admonishments prior to the start of an interview. 5. Officers and supervisors involved in the investigation of a complaint against a member of the police department must inform complainants and witnesses they are being recorded. a. In the event the complainant refuses to be video recorded, the Officers and/or supervisor will audio record the interview using a voice recorder. J. Activation of the BWC 426 of 535 1. Enforcement Related Contacts a. Officers will activate the BWC in event mode to record all law enforcement POLICE DEPARTMENT OPERATING PROCEDURE NO. XXX PATROL BODY WORN CAMERA RECORDING DEVICES Page 6 of 16 related contacts. The event mode should be activated prior to actual contact with the community member, or as soon as safely possible thereafter, and continue recording until the contact is concluded, or the contact transitions from an enforcement contact into intelligence gathering. Law enforcement contacts include, but are not limited to the following: traffic stops, pedestrian stops, officer initiated consensual encounters, field interviews, vehicle tows, issuing of citations, issuing of parking tickets, contacts during traffic collision investigations, detentions, arrests, persons present at radios calls who are accused of crimes or victims/witnesses to a crime, serving court orders or civil papers, all searches (with the exception of strip searches), investigative interviews, and private person initiated contacts of a confrontational nature. b. Officers are strongly encouraged to inform community members they are being recorded in an effort to de-escalate potential conflicts. c. Covering another City employee or law enforcement officer during an enforcement contact; i. Including, but not limited to, Community Service Officers, Parking Enforcement Officers, and/or Code Enforcement Officers. . Officers should notify other public safety personnel as soon as practical when they are being recorded during an incident. d. Recording may be stopped during periods of inactivity such as report writing or other breaks from direct participation in the incident; such as side -bar discussions with other Officers or supervisors about strategies, tactics, or how to handle a contact. i. Before turning off the recorder, the Officer will verbally notate on the recorder the reason for shutting it off. e. Officers working in plain clothes assignments are not required to wear a BWC. 2. Arrests a. Officers may stop recording in the event mode when the arrestee is cooperative and safely secured inside a law enforcement facility. If an arrestee becomes uncooperative, or if there is some evidentiary purpose, Officers should resume recording in the event mode. 427 of 535 b. If an Officer resumes recording in the event mode, the camera will remain in the event mode until the officer no longer has contact with the arrestee. POLICE DEPARTMENT OPERATING PROCEDURE NO. XXX PATROL BODY WORN CAMERA RECORDING DEVICES Page 7 of 16 3. Suspect Interviews a. Officers are encouraged to fully record suspect interviews. Generally, these recordings should be continuous and officers should not stop the recording during a suspect interview. Any break in the recording of a suspect interview must be explained in the officer's corresponding police report. b. When recording interviews, Officers will ensure they record any admonishments prior to the start of an interview. 4. Transportation of a person a. Officers equipped with a BWC will record all prisoner transports. The entire transport will be recorded. Using a BWC to record during the transportation of an arrestee does not relieve the officer of the responsibility to document any spontaneous statements made by the arrestee or any other incidents that occur during the transportation in the officer's corresponding police report. b. Officers equipped with a BWC have the discretion to record passenger transports depending upon the circumstances associated with the transport. K. Victim and Witness Interviews 1. When interviewing victims and/or witnesses, Officers will comply with the recording requirements set forth in paragraph "J.1.a." above. However, if the victim or witness refuses to provide a statement with the recorder turned on, the Officer may shut off the recorder after adhering to the following procedure: a. Before turning off the recorder, the Officer will verbally notate on the recorder the reason for shutting it off. b. During the interview, if it becomes appropriate to reactivate the recorder based on paragraph "J.1.a." (located on page 6), the Officer will immediately, or as soon as safe, do so. c. Officers will document when a BWC is turned off and the reasons why in their corresponding police report. d. When necessary to obtain cooperation, Officers may position the BWC so they capture only audio, and not video, of the person making a statement. 428 of 535 2. Supplemental Documentation a. Injuries: POLICE DEPARTMENT OPERATING PROCEDURE NO. XXX PATROL BODY WORN CAMERA RECORDING DEVICES Page 8 of 16 BWCs may be used to document physical injuries to persons injured during an incident. Using a BWC to document an injury does not relieve an Officer of the responsibility to property identify and describe the injury in their corresponding police report. Officers are still required to photograph injuries using a digital camera for evidence purposes. b. Scene Documentation: BWCs may be used to aid in the documentation of a scene. The initial encounters with victims, witnesses, and/or suspects, including their location and any spontaneous statements made, can be important to the overall investigation. Using a BWC to aid in the documentation of a scene does not relieve an Officer of the responsibility to property photograph, identify, and describe the scene and any evidence located in their corresponding police report. L. When and Where NOT to Record 1. BWCs will not be used to record non -work related activity. 2. BWCs will not be used to record in areas of the police depaitiiient such as pre - shift conferences, locker rooms, dressing rooms, restrooms, and/or break rooms; unless the recording is related to an enforcement encounter described within this policy. 3. Officers are not required to record informal or casual encounters with members of the public. Officers should consider that recording people in some circumstances may inhibit sharing of neighborhood information or developing strong ties with members of the community. 4. BWCs will not be used to record interviews with Department personnel during Department administrative investigations. a. BWCs may be used to record community member complaints in accordance with section "V.I.5" (located on page 5). 5. BWCs will not be used during major crime briefings, officer -involved shooting - briefings, homicide briefings, or during a homicide or officer -involved -shooting scene walk-through with detectives. 6. BWCs will not be used during contact with undercover Officers or confidential 429 of 535 informants. 7. Officers will not record any confidential communication between department personnel without the prior knowledge and consent of all persons recorded. This POLICE DEPARTMENT OPERATING PROCEDURE NO. XXX PATROL BODY WORN CAMERA RECORDING DEVICES Page 9 of 16 prohibition does not limit a law enforcement officer's authority to record any communication otherwise allowed under state and federal law. 8. Officers will not record any confidential communication between a person in custody and their attorney or a member of the clergy. 9. BWCs will not be used during court appearances; unless the use of the BWC is related to a law enforcement activity described in this department operating procedure. 10. Unless deemed evidentiary in nature and directly related to a criminal investigation, when possible, Officers should avoid recording exposed areas of the body that could cause embarrassment or humiliation, such as an exposed breast, groin, etc... M. Patient Privacy 1. Officers should generally not record victims or suspects in hospital or emergency room settings. In the event an Officer elects to make a recording, whether audio or video under this section, the Officer will take all reasonable steps in consideration of the HIPPA rights of patients and the privacy of hospital staff. Officers may video or audio record a suspect if the suspect's conduct is violent or threatening to staff or the officer(s). Cessation of Recording Once activated, the BWC will not be purposely deactivated until the Officer's direct participation in the incident is complete or the situation no longer fits the criteria for activation. VI. DOCUMENTATION OF RECORDED EVENTS All recordings will be documented in an arrest report, crime report, supplemental report, miscellaneous report, field citation, field interview, traffic warning, or CAD incident history, etc... A. `BWC Recording" will be recorded in the "Evidence" section of an officer's report. B. Field Interview forms and Traffic Warnings — "BWC Recording" will be recorded in the narrative. C. Traffic Citations — `BWC" will be recorded in the blank space above the citation 430 of 535 number near the top of all citations. D. Other Reports — "BWC Recording" will be recorded in the narrative. E. Other Recordings — Non -evidentiary recordings, such as inadvertent recordings, POLICE DEPARTMENT OPERATING PROCEDURE NO. XXX PATROL BODY WORN CAMERA RECORDING DEVICES Page 10 of 16 recordings initiated for training, or recordings with no associated case number or report will be documented in the CAD event history or through the use of `BWC" CAD disposition codes. F. Unless writing their own reports, cover Officers will notate `BWC Recording" and their call sign in the CAD incident history. Additionally, they will notify the case agent of an incident that BWC evidence exists. G. Supervisors reviewing and approving reports will ensure Officers properly document and record events. VI I. DATA MANAGEMENT AND REVIEW A. Entering Metadata Each recorded segment requires metadata be entered, even if the segments are of the same event. Metadata should be added at the conclusion of the event. In case of a delay, metadata should be added as soon as possible, and always prior to the end of shift. Metadata consists of an identification field, retention category, and recording title. If a case number or incident number exists, the complete case number or incident number will be input into the identification field with an "NC" in front of it (EXAMPLE: NC16012345). Absent a case number or incident number, a citation number or field interview form number may be used with an "NC" placed in front of the corresponding number. Officers will select the retention category that most accurately fits the recording. Recording titles may vary and include location, crime type, and/or suspect name. Viewing or adding metadata will not alter the video recording as it is protected with multiple layers of encryption on BWC itself and Evidence.com. B. Downloading/Storage Procedures After verifying the required metadata has been added to all recorded events, Officers will place the BWC into a port on the Evidence Docking Station at the end of their shift. This will allow for the battery to recharge. The data will be automatically transferred from the BWC through the Evidence Docking Station to Evidence.com. After the data transfers, it is considered entered into evidence. C. Retention of Digital Evidence 431 of 535 All recordings related to any criminal proceeding, claim filed, pending litigation, or an administrative investigation/personnel complaint, will be preserved until the matter is resolved and/or in accordance with the law or whichever period of time is greater. Officers and detectives are required to ensure that BWC evidence is properly categorized for the necessary retention period. POLICE DEPARTMENT OPERATING PROCEDURE NO. XXX PATROL BODY WORN CAMERA RECORDING DEVICES Page 11 of 16 BWC evidence shall be retained according to the following retention schedule. The BWC Program Administrator or any other supervisor may extend the retention period of a recording based upon the significance of an incident: 1. Homicides — Permanent retention in Evidence.com AND all videos shall be recorded to a backup media, such as DVDs and logged into evidence. 2. Sexual assault or child molest related crimes — 10 year retention. 3. Cases where a supervisor or the BWC Administrator reasonably believes there is a high probability of civil liability to the city - Three year retention. 4. All instances involving use of force (as outlined in D.O.P. 052) — Three year retention. 5. Injury to an officer — Three year retention. 6. Felonies — Three year retention. 7. Domestic Violence/Child Abuse — Three year retention. 8. Misdemeanors (including traffic related misdemeanors) — Two year retention. 9. Citations or written warnings — Two year retention. 10. Field Interviews and/or Detentions — Two year retention. 11. Pursuit (no arrest) — Two year retention. 12. Miscellaneous (5150 W&I, Death Investigations, etc...) Two year retention. 13. Recording relevant to a formal or informal complaint against a law enforcement officer or a law enforcement agency — Two year retention. 14. Collision Investigations — 180 day retention. 15. Routine incident with no apparent investigative value — 90 day retention. 16. Uncategorized — 90 day retention. 17. Pending Review — Until manually deleted or otherwise categorized. 432 of 535 18. Restricted — Until manually deleted or otherwise categorized. D. Accessing Digital Evidence POLICE DEPARTMENT OPERATING PROCEDURE NO. XXX PATROL BODY WORN CAMERA RECORDING DEVICES Page 12 of 16 1. All those given permission associated with Evidence.com may review digital evidence as needed in the performance of their official duties using their individual login/password. a. Officers will not allow others to access Evidence.com using their individual login/password. 2. When accessing digital evidence through Evidence.com, the reason for accessing the digital evidence will be noted in the "Notes" of the evidence file. E. Reviewing Digital Evidence 1. Officers may review their own BWC video prior to the completion of their written report when necessary to refresh their recollection. 2. An officer may review the BWC video of other involved Officers prior to writing a repp, 3. Officers will write their reports to what they remember from their perspective at the time of the incident given the totality of the circumstances. Officers will notate any discrepancies between their recollection of events and what the recording shows. Officers will not write their reports based solely on what they viewed from the BWC recording. With the exception of a timely public safety statement, Officers who are involved in critical incident will be allowed to review their own recording of the incident prior to giving a voluntary or compelled statement. Under no circumstances will such a delay be longer than 48 hours after the incident in the event of a compelled statement. In the event that the recording of an Officer involved in a critical incident is damaged, destroyed, of poor quality, or in the event that other Officers' recordings offer a better perspective of the critical incident than that of the subject Officer(s), Officers may be allowed to review the recordings of the other Officers involved in the said critical incident prior to giving a voluntary or compelled statement. In such rare instances, at the discretion of the Chief of Police, Officers may be allowed to review another Officer's recording if the other Officer was in the immediate proximity of the subject officer and their recording offered the same scene orientation and perspective of the incident. 5. Detectives are responsible for reviewing, updating, and tracking digital evidence associated with their assigned cases. 433 of 535 6. A Civilian Investigator, Investigations Division Senior Office Assistant, and/or Detective are responsible for forwarding digital evidence to the District Attorney's office when appropriate. POLICE DEPARTMENT OPERATING PROCEDURE BODY WORN CAMERA RECORDING DEVICES NO. XXX PATROL Page 13 of 16 7. Officers may review digital evidence prior to providing testimony at hearings, trial, or depositions. 8. Digital Evidence may be viewed for administrative purposes, including but not limited to the following: a. Any incident in which a member of the Department is injured or killed during the performance of their duties. b. Any incident involving the use of force by a member of the Department. c. Any in -custody death. d. Any police pursuit. e. When any member of the Department discharges a firearm. f. When any member of the Department discharges any less lethal weapon. g. Traffic collisions involving department personnel. h. Prior to the release of recordings in response to a proper legal request. (e.g., in response to a subpoena or other court order). i. In preparation for a civil disposition or responding to an interrogatory where the incident arises from the employee's official duties. j. When preparing to testify in a criminal, civil, or administrative proceeding arising from the employee's official duties. k. For investigations undertaken by the Department to prove or disprove specific allegations of misconduct. 1. Civil litigation. 9. Supervisors may review BWC footage to assist in speaking with community members contemplating filing a complaint. Supervisors have the discretion to show BWC footage to a complainant when it relates to their complaint, to assist in clarifying or resolving the complaint. 10. Supervisors may review BWC footage in order to assist in recognizing 434 of 535 meritorious conduct. 11. In situations where is a need to review digital evidence not covered by this procedure, a Lieutenant or higher must approve the request. Each situation will be evaluated on a case by case basis. POLICE DEPARTMENT OPERATING PROCEDURE BODY WORN CAMERA RECORDING DEVICES F. Editing, Copying, and Deleting Digital Evidence NO. XXX PATROL Page 14 of 16 All BWC recordings are part of the investigative record and will be preserved in their original format without deletion, editing or tampering according to the retention schedule outlined in section "VII.C.1-18" of this policy (page 11). Personal computer equipment and/or software programs are not be utilized when making copies of digital evidence. Using a secondary recording device such as a video camera, mobile phone, or other device to record or capture digital evidence from the BWC and/or the Evidence.com data management system is strictly prohibited. G. Discovery of Misconduct It is not the intent of the Department to review digital evidence for the purpose of general performance review, for normal preparation of performance reports, or to discover policy violations. Employees reviewing event recordings should remain focused on the incident or incidents in question and review only those recordings relevant to their investigative scope. If improper conduct is discovered during any review of digital evidence, the conduct in question shall be brought to the attention of a supervisor. The supervisor will report the conduct in question to the Officer's commanding officer through the chain -of -command. Nothing in this procedure prohibits addressing policy violations. H. Releasing of Digital Evidence. Audio and video recordings from BWCs are designated by the Department as investigative records and are not subject to routine release through requests via the California Public Records Requests Act (CPRA), the Freedom of Information Act (FOIA), or other non -court ordered requests for audio or video records. Digital Evidence captured by a BWC will be treated as an investigative record and handled pursuant to existing Department Operating Policies and Procedures. 1. Digital Evidence related to an officer -involved -shooting: Law enforcement agencies in San Diego County recognize that the thoughtful disclosure of video evidence of officer -involved -shooting incidents to the public can increase transparency, enhance community relations and promote confidence in the criminal justice system. 435 of 535 Officer -involved shooting videos will be evaluated for potential public release. Ultimately, the decision whether to release video evidence will balance the competing interests of public safety, transparency, privacy of officers and victims, pending investigation and prosecutions. POLICE DEPARTMENT OPERATING PROCEDURE BODY WORN CAMERA RECORDING DEVICES NO. XXX PATROL Page 15 of 16 BWC recordings related to an officer -involved -shooting will be released in accordance with the county -wide protocol between law enforcement agencies for the release of BWC footage. VIII. USE OF DIGITAL EVIDENCE FOR TRAINING PURPOSES Officers and supervisors may find it useful, and are encouraged, to review recordings of incidents in which they were involved when beneficial for the purpose of conducting a tactical debrief within their squad. When an incident is recorded which may be of value as a training aid for a broad section of the Department, the recording officer or that officer's supervisor should receive approval from their commanding officer to contact the Operations Support Lieutenant, who will review the digital evidence to determine the value of the incident for training. Recordings from BWCs may be shown for department -wide training purposes upon completion of a criminal case. All such use will be pursuant to written authority of the Chief of Police or designee. Officers will be provided with at least ten days' notice if recordings intended for use for training purposes were either made by them or captured their image or voice. After notice is given, the Operations Support Lieutenant will obtain approval from the Chain of Command prior to department -wide distribution. IX. SUPERVISORS RESPONSIBLITIES A. Sergeant's Responsibilities 1. Sergeants will ensure that Officers equipped with BWCs utilize them in accordance with this policy. 2. At least on a monthly basis, Sergeants will randomly review BWC recordings from their employees to ensure the equipment is operating properly and Officers are using the BWCs appropriately in accordance with this policy and to identify any areas in which additional training or guidance related to the use of the BWC is required. This policy does not limit the ability of Sergeants to inspect BWC recordings if there is reason to believe an Officer is not properly recording, uploading, or categorizing incidents. B. Lieutenant Responsibilities 436 of 535 Lieutenants will ensure the Sergeants' inspections are completed correctly. If a supervisor identifies a discrepancy, the Lieutenant will follow up with the supervisor to ensure the discrepancy is corrected. POLICE DEPARTMENT OPERATING PROCEDURE BODY WORN CAMERA RECORDING DEVICES X. ADHERENCE TO POLICY NO.XXX PATROL Page 16 of 16 A. Failure to comply with the directives outlined in this policy may result in discipline up to and including termination. 437 of 535 RESOLUTION NO. 2016 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY COUNCIL TO WAIVE THE FORMAL BID PROCESS PURSUANT TO NATIONAL CITY MUNICIPAL CODE SECTION 2.60.220, SUBSECTION (B), SOLE SOURCE PROCUREMENT, FOR THE POLICE DEPARTMENT'S PURCHASE OF SEVENTY (70) BODY WORN CAMERAS, CLOUD BASED STORAGE OF DIGITAL EVIDENCE, AND INTERNET DATA MANAGEMENT THROUGH EVIDENCE.COM, INCLUDING SUPPORT SERVICES AND ONSITE TRAINING TO ASSIST WITH IMPLEMENTATION FROM TASER INTERNATIONAL, INC., AND AUTHORIZING THE CITY TO AWARD THE PURCHASE, AND AUTHORIZING THE MAYOR TO EXECUTE A FIVE-YEAR CONTRACT IN THE AMOUNT OF $350,890.58 WITH TASER INTERNATIONAL, INC. WHEREAS, the use of Body Worn Cameras (BWCs) has been a growing national trend for law enforcement agencies due to recent high profile events, and have been shown to protect people who make legitimate complaints, but also protect law enforcement agencies when people file false allegations of misconduct or excessive use of force against police officers wearing BWCs; and WHEREAS, from July 2015 through January 2016, the Police Department field tested and evaluated BWCs from four manufacturers, and interviewed representatives from other San Diego County law enforcement agencies who currently utilize BWCs, as well as representatives from the San Diego County District Attorney's Office; and WHEREAS, Taser International Inc. BWCs are rugged, offer high quality recordings, and ease of evidence handling with their secure cloud -based digital evidence management system named Evidence.com., and is the only vendor who offers all of the services necessary to meet the Police Department's needs; and WHEREAS, several law enforcement agencies in San Diego County currently utilize BWCs from Taser International, Inc., including the San Diego Police Department, Chula Vista Police Department, Coronado Police Department, Escondido Police Department, and Carlsbad Police Department; and WHEREAS, the San Diego District Attorney's Office has an Evidence.com license and already works with agencies using the Evidence.com data management system to receive digital evidence, including BWC videos, still digital photographs, and audio recordings, using the Evidence.com portal which would allow for seamless integration for the National City Police Department to share evidence for cases via an email link to the San Diego District Attorney's Office; and WHEREAS, the Police Department desires to enter into an Agreement with Taser International, Inc., beginning on July 1, 2016 to include the purchase of seventy (70) Body Worn Cameras, requisite docking stations, data storage, and data management services from Evidence.com for a term of five years; and WHEREAS, the City Council may waive the formal bid process pursuant to National City Municipal Section 2.60.220(B) that provides for sole source procurements when there is only one source from which a particular commodity is available and there is no adequate substitute, and when it is clear that competitive bidding will not produce any competitive advantage or would be impractical or not meet any urgent procurement need; and 438 of 535 Resolution No. 2016 — Page Two WHEREAS, based on the Police Department's research, the Taser International Inc. BWCs and cloud storage through Evidence.com meet the Police Department's needs, are unique from other BWCs and data management systems in that Taser International, Inc. is the only company that offers several unique features together in one package, and there is no adequate substitute for the BWCs and related services offered through Taser International, Inc. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Council to waive the formal bid process pursuant to National City Municipal Code Section 2.60.220, subsection (B), sole source procurement, and authorizes the Mayor to execute a five-year Agreement with Taser International, Inc., in the amount of $350,890.58, for the Police Department's purchase of seventy (70) body worn cameras, cloud based storage of digital evidence, and internet data management through Evidence.com, including support services and onsite training to assist with implementation, from Taser International, Inc. PASSED and ADOPTED this 21st day of June, 2016. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor 439 of 535 CC/CDC-HA Agenda 6/21/2016 — Page 440 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City, 1) increasing the contract with Dick Miller, Inc. in the not to exceed amount of $170,800 for the Plaza Boulevard & 14th Street Improvements Project, CIP No. 15-10; and 2) authorizing the Mayor 440 of 535 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 21, 2016 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City, 1) increasing the contract with Dick Miller, Inc. in the not to exceed amount of $170,800 for the Plaza Boulevard & 14 h Street Improvements Project, CIP No. 15-10; and 2) authorizing the Mayor to execute Change Order No. 2 in the amount of $170,800 to provide and install eight solar powered, LED -enhanced pedestrian crossing sign systems at existing crosswalks. PREPARED BY: Jose Lopez, Junior Engineer -Civil PHONE: 336-4312 EXPLANATION: See attached. FINANCIAL STATEMENT: ACCOUNT NO. DEPARTMENT: Engineering & Public Works APPROVED BY APPROVED: APPROVED: Expenditure Account: 307-409-500-598-6166 (Prop A TransNet Citywide Safe Routes to School) ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL AL1OPTION: STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Change Order No. 2 3. Resolution Finance MIS 441 of 535 EXPLANATON On March 1, 2016, City Council adopted Resolution No. ZU1 6-27 awarding a contract in the amount of $1,276,903.10 to Dick Miller, Inc. for the Plaza Boulevard and 14th Street Improvements Project, CIP No. 15-10 ("Project"). The contract includes purchase and installation of two solar powered, LED -enhanced pedestrian crossing sign systems ("Crossing Signs") for both midblock crosswalks on the 1300 block of Highland Avenue. The unit price of $21,350 per system, which includes procurement of equipment, mobilization, system installation and crosswalk re -striping, is the lowest the City has received through competitive bidding over the past four years. As such, staff approached Dick Miller, Inc. to see if they would honor the same unit prices to provide an additional eight systems at other crosswalks located within the Project area. Dick Miller, Inc. agreed to charge the same unit price of $21,350 per system for a total change order amount of $170,800. Section 3-2.2 of the Standard Specifications for Public Works Construction (Greenbook) allows for an increase in quantity for bid items of work covered by contract unit pricing through execution of a construction change order if the change order "does not result in a substantial change in character of the work" as provided in the contract plans and specifications. Staff contends that installation of the additional solar powered, LED -enhanced pedestrian crossing sign systems falls within the same character of work contemplated in Resolution No. 2016-27 because the intent of the Project is to enhance pedestrian safety and access at existing crosswalks through traffic calming, lighting, and enhanced signing and striping. Section 3-2.2 of the Greenbook permits this type of change order because the cost of the eight Crossing Signs does not increase the contract price by more than 25 percent. The project is currently on schedule with construction completion estimated for September 2016. Execution of this Change Order No. 2 would require the contractor to complete this additional work within the existing project schedule. o date, staff has executed one change order totaling $49,815. Staff recommends execution of this Change Order No. 2 in a not tc exceed amount of $170,800, above and beyond the original 15% contingency of $191,535.47, which should be retained to address unforeseen conditions. Funds are available in the Prop A TransNet Citywide Safe Routes to School expenditure account no. 307-409-500-598-6166 through previous City Council appropriations. 442 of 535 • �• CALIFORNIA <�, Plaza Blvd. and 14th St. Improvements CIP No: 15-10 Contractor: Dick Miller Inc. CHANGE ORDER NO. 2 June 7, 2016 Reason/Purpose for this Change Order: The city has directed the contractor to install eight additional Solar Powered LED Enhanced School Warning Sign Systems. The City of National City and Contractor agree to the following change to the original Contract: The contractor shall provide and install eight additional Solar Powered LED Enhanced School Warning Sign Systems inclusive of ail work as itemized in pay items 51-53. The locations for each are as follows: E. 16th Street & "B" Ave, E. 18th Street & "F" Ave, E. 8th Street & °K` Ave, E. 8th Street and Olive Ave, Granger Jr. High Speed Table, E. 16th Street & Grove Street, E. 8th St. and "E" Ave, and Plaza Blvd. and A Ave. Original Contract Amount Net change by previously authorized Change Orders Subtotal 1,326,718.10 Amount of this change order 170,800.00 New contract amount Wo „ • days added: 0 W rking days subtracted: 0 Percent change in Contract to date 17.28% $ 1,276,903.10 49,815.00 Su by: 2 Ci ngineer Date $ 1,497,518.10 MAYOR Date Date City Manager, required for Change Orders>S24,999 Date By signing this Change Order the Contractor confirms that he/she Is completely familiar with Its terms and conditions and has fairly negotiated its price, terms and conditions. If ttis Change Order is approved, Contractor will provide ail of the equipment, materials and labor necessary to provide a complete work as described above at that the price stated herein. Additionally, Contractor confirms that the price is fair and complete and represents all costs associated with the work, including but not limited to all equipment, materials, labor, supervision, overhead, fees, bonds, insurance, profit, etc. and that there will be no further compensation. Ail of the terms and conditions of the original contract documents are incorporated herein. (2 originals: 1 for City Clerk, 1 for Contractor) Accepted and agreed to by (Contractor's name): Narfie: PA +` l.t.rnrAA r.►S PitziSF cr AArafARER, PIMt Date Note to Contractor: !f you do not agree with this Change Order you may be directed to proceed with this work under the terms of the contract and you may proceed under protest. You must comply with the contract requirements of submitting a written protest to protect your claim. Originals: City Clerk, Contractor cc: Engineering project file, Project Manager 1243 National City Boulevard, National City, CA 91950 Telephone (619) 336-4380 443 of 535 RESOLUTION NO. 2016 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY INCREASING THE CONTRACT WITH DICK MILLER, INC., IN THE NOT TO EXCEED AMOUNT OF $170,800 FOR THE PLAZA BOULEVARD AND 14TH STREET IMPROVEMENTS PROJECT, AND AUTHORIZING THE MAYOR TO EXECUTE CHANGE ORDER NO. 2 IN THE AMOUNT OF $170,800 TO PROVIDE AND INSTALL EIGHT SOLAR POWERED, LED -ENHANCED PEDESTRIAN CROSSING SIGN SYSTEMS AT EXISTING CROSSWALKS WHEREAS, on March 1, 2016, City Council adopted Resolution No. 2016-27 awarding a contract in the amount of $1,276,903.10 to Dick Miller, Inc., for the Plaza Boulevard and 14th Street Improvements Project (CIP No. 15-10) (the "Project"); and WHEREAS, the contract includes purchase and installation of two solar powered, LED -enhanced pedestrian crossing sign systems for both midblock crosswalks on the 1300 block of Highland Avenue; and WHEREAS, Dick Miller, Inc., is willing to charge the same unit price per system for an additional eight (8) systems to be installed at other crosswalks located within the Project area for a total change order amount of $170,800; and WHEREAS, Section 3-2.2 of the Standard Specifications for Public Works Construction (the "Greenbook") permits for change orders of this nature that do not result in a substantial change in character of the work as provided in the contract plans and specifications; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute Change Order No. 2 to the Plaza Boulevard and 14th Street Improvements Project contract (CIP No. 15-10) with Dick Miller, Inc., for the not to exceed amount of $170,800, above and beyond the original 15% contingency of $191,535.47, for the purchase and installation of an additional eight (8) solar powered, LED - enhanced pedestrian crossing sign systems, which includes procurement of equipment, mobilization, system installation and crosswalk repair and re -striping, at various crosswalks citywide. PASSED and ADOPTED this 21st day of June, 2016. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva City Attorney 444 of 535 CC/CDC-HA Agenda 6/21/2016 — Page 445 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City, 1) ratifying the City Managers declaration of emergency work to address issues related to a ruptured 8-inch sewer line on the Westside Infill Transit Oriented Development (WI-TOD) site near Para 445 of 535 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 21, 2016 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City, 1) ratifying the City Manager's declaration of emergency work to address issues related to a ruptured 8-inch sewer line on the Westside Infill Transit Oriented Development (WI-TOD) site near Paradise Creek; 2) ratifying the waiving of competitive bidding procedures under emergency conditions consistent with the provisions included in Section 22050 "Emergency Contracting Procedures" of the California Public Contract Code and Section 2_60,230 "Emergency Purchases -Emergency Defined" of the National City Municipal Code; and 3) ratifying previous actions taken to provide emergency services as a result of the rupture of the sewer line as authorized by the City Manager, including but not limited to, procuring the necessary contractual services, equipment, materials and supplies to restore sewer service and ensure environmental compliance. PREPARED BY: Stephen Manganiello, City Engineer PHONE: 619-336-4382 EXPLANATION: See attached. FINANCIAL STATEMENT: ACCOUNT NO. DEPARTMENT Engineering / Public Works APPROVED BY: APPROVED: APPROVED: Funds available in account # 125-409-500-598-2014 (Sewer System Improvements) ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt Resolution ratifying the City Manager's declaration of emergency work to address issues related to a ruptured 8-inch sewer line on the WI-TOD site near Paradise Creek, including waiving of competitive bidding procedures to procure the necessary contractual services, equipment, materials and supplies to restore service. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Attachments 3. Resolution 446 of 535 Explanation In October 2015, in conjunction with site preparation for the WI-TOD project, City Public Works staff performed a dye test and video of an existing 8-inch sewer line to confirm location, flow and structural integrity of the pipe. The sewer line, which services a handful of residences located in the vicinity of W. 20th Street and Coolidge Avenue, passes across the future WI-TOD park site on the west side of Paradise Creek, under the Paradise Creek streambed, and across the WI-TOD Phase I1 site on the east side of Paradise Creek. The test results indicated that the pipe was ruptured in several locations. Since this was an active sewer line at the time of testing, and to ensure effluents did not reach the creek, the City Manager, based on findings and recommendations provided by the City Engineer, declared that the work required to implement repairs constituted an "emergency," consistent with Section 22050 "Emergency Contracting Procedures" of the California Public Contract Code and Section 2.60.230 "Emergency Purchases -Emergency Defined" of the National City Municipal Code. Said code sections allow for waiver of competitive bidding procedures under emergency conditions. On October 27, 2015, the City Manager executed a letter agreement with Paradise Creek II Housing Partners (see attached) to provide emergency services, since their project engineer and contractor were readily available to expedite the project design and construction. The emergency work involved plugging the sewer line with concrete grout on each side of Paradise Creek and installing a temporary pump station to intercept and pump the sewage into a temporary holding tank located on the west side of Paradise Creek. See attached plan prepared by C&V Consulting, Inc., project engineer for Paradise Creek I! Housing Partners. VCC, LLC, contractor for Paradise Creek II Housing Partners, started construction in December, 2015. To date, the project is approximately 90% complete. Construction expenses through May 16, 2016, are approximately $88,000. Staff estimates project completion and receipt of final invoice by July 31, 2016. The emergency work is funded by the Sewer Fund (expenditure account #125-409-500-598-2014) through previous City Council appropriations. Staff requests the following City Council actions: 1) Ratify the City Manager's declaration of emergency work to address issues related to a ruptured 8-inch sewer line on the Westside Infill Transit Oriented Development (WI-TOD) site near Paradise Creek; 2) ratify the waiving of competitive bidding procedures under emergency conditions consistent with the provisions included in Section 22050 "Emergency Contracting Procedures" of the California Public Contract Code and Section 2.60.230 "Emergency Purchases -Emergency Defined" of the National City Municipal Code; and 3) ratify previous actions taken to provide emergency services as a result of the rupture of the sewer line as authorized by 447 of 535 the City Manager, including but not limited to, procuring the necessary contractual services, equipment, materials and supplies to restore sewer service and ensure environmental compliance. City Council's action by way of ratification requires 4 out of 5 votes in favor of the item. 448 of 535 Engineering & Public Works Department 1243 National City Boulevard, National City, CA 91950 Phone: (619) 336-4380 Fax: (619) 336-4397 October 22, 2015 Leslie Deese, City Manager RE: REQUEST FOR EMERGENCY SERVICES TEMPORARY SEWER REPAIR NEAR PARADISE CREEK Dear Leslie, In conjunction with site preparation for the WI-TOD project, City Public Works staff performed a dye test and video of an existing 8-inch sewer line to confirm location, flow and structural integrity of the pipe. The sewer line, which services a handful of residences located in the vicinity of W. 20th Street and Coolidge Avenue, passes across the future WI-TOD park site on the west side of Paradise Creek, under the Paradise Creek streambed, and across the WI-TOD Phase II site onthe east side of Paradise Creek. The test results indicate that the pipe is ruptured in several locations. Since this is an active sewer line, and to ensure effluents do not reach the creek, I recommend that you declare the work required to implement temporary repairs as an "emergency," consistent with Section 22050 "Emergency Contracting Procedures" of the California Public Contract Code and Section 2.60.230 "Emergency Purchases -Emergency Defined" of the National City Municipal Code. Paradise Creek II Housing Partners' project engineer and contractor are readily available to expedite the project design and construction, which will involve installing a temporary pump station that will intercept and pump the sewage into a temporary holding tank to be located on the west side of Paradise Creek. Said code sections allow for waiver of competitive bidding procedures under emergency conditions. Upon City Engineering's approval of the plans and issuance of required permits, Paradise Creek II Housing Partners' contractor will commence the work by plugging the sewer line with concrete grout on each side of Paradise Creek and installing the temporary holding tank and associated equipment. The temporary holding tank will be pumped as necessary by City crews 1 449 of 535 and the sewage will be disposed of at an appropriate facility in accordance with all applicable rules and regulations. Concurrently, City Engineering will coordinate to develop a permanent solution to re-route the sewer line and install a permanent pump station to maintain service for the residences. A letter agreement between the City and Paradise Creek II Housing Partners is being prepared for your review and signature. The letter agreement will authorize Paradise Creek II Housing Partners to use its project engineer and contractor to complete the work, which will be reimbursed by the City through the Sewer Fund. This action will be taken to City Council at a subsequent meeting for ratification. Sincerely, 2 Stephen Manganiello Director of Public Works/City Engineer cc: Claudia Silva, City Attorney Carlos Aguirre, Project Manager 2 450 of 535 PARADISE CREEK II HOUSING PARTNERS, L.P. 18201 Von Karrnan Avenue, Suite 900 Irvine, California 92612 949.650.7272 October 21, 2015 The City of National City Department of Engineering/Public Works 1243 National City Boulevard National City, California 91950 Attn: Stephen Manganiello, Director Re: Letter Agreement re Temporary Sewer Repairs Paradise Creek Park Dear Mr. Manganiello: Paradise Creek II Housing Partners, L.P. (the "Partnership") wishes to memorialize the agreement reached with the City of National City (the "City") on October 13, 2015, regarding the design and implementation of a short-term solution to address a ruptured sewer line located on the future Paradise Creek Educational Park site on the west side of Paradise Creek (the "Park Site"). This 8-inch line serves several residences generally located in the vicinity of 20th Street and Coolidge Avenue, passes across the Park Site, under the slreambed of Paradise Creek and across the Phase II site on the east side of Paradise Creek that will be developed by the Partnership. The City is responsible for the repair and re-routing of this sewer line, including the permanent repairs ultimately required to be made on this sewer line, which the City will pursue in an expeditious manner; however, since time is of essence regarding the scheduled development of the Phase II site by the Partnership, the Partnership has agreed to use its consultants and contractors to design and construct temporary, short-term repairs, subject to reimbursement of all costs associated therewith by the City. Subject to the terms and conditions set forth in this letter, the Partnership has agreed to design and implement a temporary plan to address the ruptured sewer line. The Partnership will contract with C&V Engineering (Daryl Kessler) to design a plan for a temporary pumping station that will intercept and pump the sewage into a temporary holding tank located on the west side of Paradise Creek. The plan will be submitted to and City for review and approval and upon approval, the required permits will be secured from the City, and the Partnership will commence the work by plugging the sewer line with concrete grout on each side of Paradise Creek and installing the temporary holding tank and associated equipment. The temporary holding tank will be pumped as necessary and the sewage will be disposed of at an appropriate facility in accordance with all applicable rules and regulations. The Partnership will retain and manage VCC to perform all of the work required to implement the approved plan (the "Work"). Exhibit "A" attached to this letter generally depicts the location of the subject sewer line, which is the area for placement of the temporary pumping station and holding tank. 451 of 535 Mr. Stephen Manganiello October 21, 2015 Page 2 The City shall be responsible for all costs, liabilities and expenses arising as the result of the discharge of effluent, if any, that may have occurred from the subject sewer line prior to the date of commencement of work under this letter, or that occurs following the commencement of the Work pursuant to this letter, unless such discharge is caused by the negligent acts of the Partnership, its contractors, consultants and employees. The City hereby grants to the Partnership, its contractors and agents, the right to enter upon the Park Site to perform the Work described in this letter and shown on the plan approved by the City, subject to compliance with the insurance requirements set forth on Exhibit "B" attached to this letter and made a part hereof, prior to entry upon the Park Site. The City agrees to reimburse the Partnership for all costs associated with the design and implementation of the plan described in this letter within thirty (30) days of its receipt of an invoice from the Partnership fairly describing the work performed, together with reasonable supporting documentation. If this letter reflects the terms of our agreement, please sign and return a fully executed copy of this letter to me, indicating your confirmation. Sincerely, Paradise Creek II Housing Partners, L.P., a California limited partnership, By: Related/Paradise Creek II Development Co., LLC, a California limited liability company, its Administrative General Partner By: Frank Cardone President READ AND AGREED TO THIS 27th DAY OF OCTOBER, 2015, By: The City of National City, a public body, corporate and politic, By: Name: Leslie Deese Its: City Manager 452 of 535 EXHIBIT "A" Location of Sewer Pipe and Temporary Facilities (refer to attached) 453 of 535 (PROJ€Cr 4700 ALCOA AVENUE C&V CONSULflNC% INC COI. MUM= UM WARM MD MUM 7056 BURNAM MGM OM 91frE t1 POMMEL BAD CALIFORDM 97E0 FAX CM 936-00DS 454 of 535 EXHIBIT "B" Insurance Requirements (refer to attached) 455 of 535 Exhibit "B" LI F.4 rr-sot C am% . City of National City INSUgANCE REQUIREMENTS Please forward to your Insurance Agent immediately PRIOR to performing services for the City of National City, the City must have current Certificates of insurance on file for all companies, contractors, and consultants. Required insurance Certificates per Sections 16 and 17 of the Cltv's Agreement: b Professional Liability Insurance (errors and omissions) with minimum limits of $1 M per occurrence (if applicable) Commercial General Liability coverage with limits of at least $2M per occurrencel$4M aggregate for the City's standard agreement or $1 M per occurrence/$2M aggregate for the City's short form agreement (see insurance section in agreement). - Must include separate endorsement adding as addltiorsureds: The City of NationalCtty, Its elected officials, officers, agents, and employees". The actual endorsements or policy language regarding automatic additional insureds must be provided. General aggregate limits must apply solely to this "protect" or "lotion". Commercial Auto Liability coverage with limits of at least $1 M, Combined Single Limit Must include "an auto. • Must include separate endorsement adding as addit1q al insureds: `The City of National City, Its elected officials, officers, agents and employees". The actual endorsements or policy language regarding automatic additional insureds must be provided. Workers' Compensation coverage to meet CA statutory limits, plus employers' liability coverage of $1M per accident Workers' Compensation Waiver of Subrogation in favor of the City is required. if there are no employees subject to Workers Compensation law, submit a signed Declaration (provided on next page). Deductibles or SIRs (Self -Insured Retention) in excess of $10,000 must be disclosed. CERTIFICATE HOLDER: City of National Clty,1243 National City Boulevard, National City, CA 91950.4301, Insurance Document Submittal: Email insurance certificates to your City contact person and Elena Amaya In the City's Risk Department (eamavafcbnationalcitvca.aov) (Phone: (619) 336-4370). Mail the certificates and endorsements to: City of National City do Risk Manager 1243 National City Blvd National City, CA 91950-4301 Questions: Curtis Stephen, Risk Manager. (619) 336-4220 Elena Amaya, Office Assistant: (619) 336-4232 456 of 535 9E9 10 L917 ENCRlEERING DEPARTMENT REY SIGNS 71PPRDYEG DATE CONSTRUCtION REOOROS SURVEYOR: AS—BUR7 BY APPROVED DATE OATS STARTED: BENCHWARK: INSPECTOR: DATE COMPLE TEO: NORIZOIPTAL CONTROL: It { —13 MX —1g a 0 1. 9kgt T 0 31OHNVMM 0NIdW 11111:xk 11 I A g 5 8 11111 agi ill Ph ea! 111 Mel 4141 lira bo go old Fs g1411 iA it 1! 1101; s, IA) ; !: 1 Lel 4 RESOLUTION NO. 2016 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY RATIFYING THE CITY MANAGER'S DECLARATION OF EMERGENCY WORK TO ADDRESS ISSUES RELATED TO A RUPTURED 8-INCH SEWER LINE ON THE WESTSIDE INFILL TRANSIT ORIENTED DEVELOPMENT SITE NEAR PARADISE CREEK, RATIFYING THE WAIVING OF COMPETITIVE BIDDING PROCEDURES UNDER EMERGENCY CONDITIONS CONSISTENT WITH THE PROVISIONS INCLUDED IN SECTION 22050 "EMERGENCY CONTRACTING PROCEDURES" OF THE CALIFORNIA PUBLIC CONTRACT CODE AND SECTION 2.60.230 "EMERGENCY PURCHASES -EMERGENCY DEFINED" OF THE NATIONAL CITY MUNICIPAL CODE, AND RATIFYING PREVIOUS ACTIONS TAKEN TO PROVIDE EMERGENCY SERVICES AS A RESULT OF THE RUPTURE OF THE SEWER LINE AS AUTHORIZED BY THE CITY MANAGER, INCLUDING BUT NOT LIMITED TO, PROCURING THE NECESSARY CONTRACTUAL SERVICES, EQUIPMENT, MATERIALS AND SUPPLIES TO RESTORE SEWER SERVICE AND ENSURE ENVIRONMENTAL COMPLIANCE. WHEREAS, on October 2015, in conjunction with site preparation for the Westside Infili Transit Oriented Development ("WI-TOD") Project, National City Public Works staff performed a dye test and video of an existing 8-inch sewer line to confirm location, flow, and structural integrity of the pipe, and discovered that the pipe was ruptured in several locations; and WHEREAS, the sewer line services a handful of residences located in the vicinity of West 20th Street and Coolidge Avenue, passes across the future WI-TOD park site on the west side of Paradise Creek, under the Paradise Creek streambed, and across the WI-TOD Phase II site on the east side of Paradise Creek; and WHEREAS, because this was an active sewer line at the time of testing, and to ensure effluents did not reach Paradise Creek, the City Manager, based on findings and recommendations provided by the City Engineer, declared that the work required to implement repairs constituted an "emergency," consistent with California Public Contract Code Section 22050 ("Emergency Contracting Procedures") and National City Municipal Code Section 2.60.230 ("Emergency Purchases -Emergency Defined"), which allow for the waiver of competitive bidding procedures under emergency conditions; and WHEREAS, on October 27, 2015, the City Manager executed a Letter Agreement with Paradise Creek II Housing Partners to provide emergency services, because their project engineer and contractor were readily available to expedite the project design and construction; and WHEREAS, in December, 2015, the contractor for Paradise Creek II Housing Partners, VCC, LLC, started construction, which is approximately 90% complete. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby ratifies the City Manager's declaration of emergency work to address issues related to a ruptured 8-inch sewer line on the Westside Infili Transit Oriented Development (WI-TOD) site near Paradise Creek. 458 of 535 Resolution No. 2016 — Page Two BE IT FURTHER RESOLVED that the City Council hereby ratifies the waiving of competitive bidding procedures under emergency conditions consistent with California Public Contract Code Section 22050 ("Emergency Contracting Procedures") and National City Municipal Code Section 2.60.230 ("Emergency Purchases -Emergency Defined"). BE IT FURTHER RESOLVED that the City Council hereby ratifies the previous actions taken to provide emergency repairs and services as a result of the rupture of the sewer line as authorized by the City Manager, including but not limited to, procuring the necessary contractual services, equipment, materials and supplies to restore sewer service and ensure environmental compliance. PASSED and ADOPTED this 21st day of June, 2016. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor 459 of 535 CC/CDC-HA Agenda 6/21/2016 — Page 460 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City adopting City Council Policy # 118 - City Council Attendance at Staff -level Working Groups. (City Manager) 460 of 535 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 21, 2016 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City adopting City Council Policy #118 - City Council attendance at staff -level working groups PREPARED BY: Leslie Deese, City Manager DEPARTMENT: City Manager PHONE: 336-4240 APPROVED BY:17., Th_ EXPLANATION: At its June 7, 2016 meeting, the City Council discussed City Council attendance at staff -level working groups and the process to be used to select the members (s) who would attend the working group meetings. The revised policy is provided for City Council's consideration. The Council previously discussed the subject on June 7, 2016, May 3, 2016, April 19, 2016, and May 19, 2015 (staff reports attached). FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: ,N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1) City Council Draft Policy #118 2) Staff reports for June 7, 2016, May 3, 2016, and May 19, 2015 3) Minutes of April 19, 2016 461 of 535 462 of 535 TITLE: City Council Attendance at Staff -level Working Groups POLICY # 118 ADOPTED: June 21, 2016 Page 1 of 4 Background: The City of National City operates under the council-manager form of government. The council is the legislative body that represents the community, is empowered to formulate citywide policy, and can establish boards, committees, commissions, and other groups. The city council is comprised of the mayor and four councilmembers. The city manager is responsible for the administration of city affairs, day-to-day operations, implementation of council policies, and is the liaison between the city council and city staff. On occasion and as needed, the city manager may form a working group of subject matter experts to assist in certain matters. Based on the city manager's responsibilities, the working group's need, establishment and composition is determined by the city manager. This type of working group is separate and distinct from a working group or other type of group which is formed by action of the City Council. This Policy is limited to City Manager formed working groups. The Iifespan of a working group can last anywhere between a few months to several years. Such groups have a tendency to develop a quasi -permanent existence when the assigned task is accomplished, hence the need to disband or phase -out the working group once it has achieved its goal(s). Staff working groups are intended to facilitate the development and completion of established goals and objectives: There may be instances when elected officials may have a particular interest in the subject of the working group and the City Manager may want to provide an opportunity for elected officials to attend the working group meeting(s). Brown Act Applicability City Council attendance at working group meetings must be done in compliance with the Brown Act. Generally, any appointed body created by formal action of the City Council is subject to the Brown Act. The Brown Act defines a legislative body to include: A commission, committee, board, or other body of a local agency, whether permanent or temporary, decision making or advisory, created by charter, ordinance, resolution, or formal action of a legislative body. However, advisory committees, composed solely of the members of the legislative body that are Tess than a quorum of the legislative body are not legislative bodies, except that standing committees of a legislative body, irrespective of their composition, which have 1 463 of 535 TITLE: City Council Attendance at Staff -level Working Groups POLICY # 118 ADOPTED: June 21,2016 Page 2 of 4 a continuing subject matter jurisdiction, or a meeting schedule fixed by charter, ordinance, resolution, or formal action of a legislative body are legislative bodies for purposes of this chapter. Government Code § 54952(b). The Brown Act applies to all groups created by formal action of the legislative body. This includes boards, commissions, committees, volunteer groups, task forces, blue ribbon committees, and working groups. Advisory committees (composed solely of councilmembers comprising less than a quorum) are not considered legislative bodies subject to the Brown Act unless they are standing committees. Standing committees are subject to the Brown Act. A standing committee (regardless of composition) is defined as having either: 1) a continuing subject matter jurisdiction; or, 2) a meeting schedule fixed by formal action of the legislative body. Accordingly, an advisory committee comprised solely of less than a quorum of the legislative body that serves a limited purpose for a limited time (temporary) is not subject to the Brown Act (commonly referred to as ad hoc committees). Working groups created by staff_ andwhose participants are determined by staff are not subject to the Brown Act. The legislative body must refrain from taking formal action which could be construed as formal action resulting in the creation of a council committee. A body of a city is "created" if the city council "'played a role' in bringing .. . 'into existence' the ... body." Californians Aware v. Joint Labor/Management Benefits Committee, 200 Cal.App.4th 972, 978 (2011). (Group was "created" by city when the city "played a role in bringing" the group into existence even though no formal action by city to establish the group. Epstein v. Hollywood Entertainment District 11 Business Improvement District, 87 Cal.App. 4th 862 (2001)). In the event there is action taken that could be construed as creating a legislative body, such action in conjunction with the composition of a working group including various individuals (not limited to solely councilmembers) would result in the working group becoming a standing committee subject to the Brown Act. Purpose To establish a mechanism to determine the councilmember(s) who attend(s) a staff - level working group meeting(s) and the length of time the member(s) would serve in such a role before a rotation, if any, when more than two members have indicated a desire to attend a staff -level working group. 464 of 535 TITLE: City Council Attendance at Staff -level Working Groups POLICY # 118 ADOPTED: June 21, 2016 Page 3 of 4 Policy The criteria in the order provided below will be used to determine which member(s) may attend staff -level working group meetings: 1. Position 2. Seniority 3. Availability 4. Desire The duration for any one member to serve on an established staff -level working group is for a two (2) year period from date of determination. Procedure 1. Based on the City Manager's responsibilities, the working group's need, establishment and composition is determined by the City Manager. When the City Manager makes a determination that the working group would benefit from the presence of a councilmember(s), a written request for attendance availability shall be directed to all members of the City Council. To assist Councilmembers in determining if they have the availability and desire to participate, the request will include a description of the stated purpose of the working group, the anticipated meeting schedule, and the anticipated duration of the working group (if known). The request will also include a deadline for notification of interest. 2. If more than two (2) members of the City Council seek to attend the working group meetings, the City Manager will determine attendees based on the criteria established by this policy. The City Manager will send written notification to the full City Council of the councilmember(s) attending the working group. 3. Using the criteria established by this policy, the attendees will be rotated after a period of two (2) years if the working group is still in existence, following the same process of notification and selection outlined above. Any such rotation will respect the prohibition against serial meetings. 3 465 of 535 TITLE: City Council Attendance at Staff -level Working Groups POLICY # 118 ADOPTED: June 21, 2016 Related Policy References City Council Policy #108 National City Municipal Code, Chapter 2.01 Government Code section 34851, et. seq. Ralph M. Brown Act Rosenberg's Rules of Order Prior Policy Amendments None Page 4 of 4 466 of 535 COUNCIL AGENDA STATEMENT MEETING DATE: June 7, 2016 AGENDA ITEM NO. 28 'TEM TITLE: City Council attendance at Staff -level Working Groups and consideration of draft City Council Policy #118 PREPARED BY: Leslie Deese, City Manager PHONE: 336-4240 EXPLANATION: See attached. DEPARTMENT: City Mana er APPROVED Bq.;----roL FINANCIAL STATEMENT: ACCOUNT NO. !N/A ENVIRONMENTAL REVIEW: jN/Ai ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Council direction requested BOARD 1 COMMISSION RECOMMENDATION: NA ATTACHMENTS: 1. Draft City Council Policy #118 2. May 3, 2016 Staff Report 3. April 19, 2016 Minutes 4. May 19, 2015 Staff Report 467 of 535 468 of 535 Staff Report: City Council Attendance at Staff -level Working Groups and Consideration of Draft City Council Policy #118 At its May 3, 2016 meeting, the City Council directed staff to place an item on a subsequent agenda to discuss councilmember attendance at staff -level working groups, as well as developing a policy or procedure that governs such. The Council previously discussed the subject on May 19, 2015, April 19, 2016, and May 3, 2016 (staff reports attached). This item provides Council the opportunity to discuss the subject further, as well as a draft policy for Council consideration. Background The City of National City operates under the council-manager form of government. The council is the legislative body that represents the community, is empowered to formulate citywide policy, and can establish boards, committees, commissions, and other groups. The city council is comprised of the mayor and four councilmembers. The city manager is responsible for the administration of city affairs, day-to-day operations, implementation of council policies, and is the liaison between the city council and city staff. On occasion and as needed, the city manager may form a working group of subject matter experts to assist in certain matters. Based on the city manager's responsibilities, the working group's need, establishment and composition is determined by the city manager. This type of working group is separate and distinct from a working group or other type of group which is formed by action of the City Council. This Policy is limited to City Manager formed working groups. The lifespan of a working group can last anywhere between a few months to several years. Such groups have a tendency to develop a quasi -permanent existence when the assigned task is accomplished, hence the need to disband or phase -out the working group once it has achieved its goal(s). Staff working groups are intended to facilitate the development and completion of established goals and objectives. There may be instances when elected officials may have a particular interest in the subject of the working group and the City Manager may want to provide an opportunity for elected officials to attend the working group meeting(s). Brown Act Applicability City Council attendance at working group meetings must be done in compliance with the Brown Act. Generally, any appointed body created by formal action of the City Council is subject to the Brown Act. The Brown Act defines a legislative body to include: 6 469 of 535 A commission, committee, board, or other body of a local agency, whether permanent or temporary, decision making or advisory, created by charter, ordinance, resolution, or formal action of a legislative body. However, advisory committees, composed solely of the members of the legislative body that are Tess than a quorum of the legislative body are not legislative bodies, except that standing committees of a legislative body, irrespective of their composition, which have a continuing subject matter jurisdiction, or a meeting schedule fixed by charter, ordinance, resolution, or formal action of a legislative body are legislative bodies for purposes of this chapter. Government Code § 54952(b). The Brown Act applies to all groups created by formal action of the legislative body. This includes boards, commissions, committees, volunteer groups, task forces, blue ribbon committees, and working groups. Advisory committees (composed solely of councilmembers comprising Tess than a quorum) are not considered legislative bodies subject to the Brown Act unless they are standing committees. Standing committees are subject to the Brown Act. A standing committee (regardless of composition) is defined as having either: 1) a continuing subject matter jurisdiction; or, 2) a meeting schedule fixed by formal action of the legislative body. Accordingly, an advisory committee comprised solely of less than a quorum of the legislative body that serves a limited purpose for a limited time (temporary) is not subject to the Brown Act (commonly referred to as ad hoc committees). Working groups created by staff and whose participants are determined by staff are not subject to the Brown Act. The legislative body must refrain from taking formal action which could be construed as formal action resulting in the creation of a council committee. A body of a city is "created" if the city council "'played a role' in bringing... 'into existence' the ... body." Californians Aware v. Joint Labor/Management Benefits Committee, 200 Cal.App.4th 972, 978 (2011). (Group was "created" by city when the city "played a role in bringing" the group into existence even though no formal action by city to establish the group. Epstein v. Hollywood Entertainment District 11 Business Improvement District, 87 Cal.App. 4th 862 (2001)). In the event there is action taken that could be construed as creating a legislative body, such action in conjunction with the composition of a working group including various individuals (not limited to solely councilmembers) would result in the working group becoming a standing committee subject to the Brown Act. 470 of 535 Staff Recommendation: Council direction requested Attachments: 1. Draft City Council Policy 2. May 3, 2016 — Staff Report 3. April 19, 2016 — Minutes 4. May 19, 2015 — Staff Report 471 of 535 DRAFT - City Council Policy #118 Title: City Council Attendance at Staff -level Working Groups Background: The City of National City operates under the council-manager form of government. The council is the legislative body that represents the community, is empowered to formulate citywide policy, and can establish boards, committees, commissions, and other groups. The city council is comprised of the mayor and four councilmembers. The city manger is responsible for the administration -of -city affairs, day-to-day operations, implementation of council policies, and is the liaison between the city council and city staff. On occasion and as needed, the city manager may form a working group of subject matter experts toassist in certain matters. Based on the city manager's responsibilities, the working group's need, establishment and composition is determined by the city manager. This type of working group is separate and distinct from a working group or other type -of group which is formed by action of the City Council. This Policy is limited to city Manager formed --working groups. The lifespan of a working group can last anywhere between a few months to several years. Such groups have a tendency to develop -a quasi -permanent existence when the assigned task is accomplished, hence the need "to disband or phase -out the working group once it has achieved its`goal(s). Staff working groups are_intended=to facilitate the development and completion of established goals -and objectives The may be_ instances when elected officials may have a: particular interest in thy, subject of the working group and the City Manager may want ta-provide an opportunity for elected officials to attend the working group meetings). Brown Act Applicability City Council attendance at working group meetings must be done in compliance with the Brown Act. Generally_ `any appointed body created by formal action of the City Council is subject to the Brown Act. The Brown Act defines a legislative body to include: A commission, committee, board, or other body of a local agency, whether permanent or temporary, decision making or advisory, created by charter, ordinance, resolution, or formal action of a legislative body. However, advisory committees, composed solely of the members of the legislative body that are less than a quorum of the legislative body are not legislative bodies, except that standing committees of a 472 of 535 legislative body, irrespective of their composition, which have a continuing subject matter jurisdiction, or a meeting schedule fixed by charter, ordinance, resolution, or formal action of a legislative body are legislative bodies for purposes of this chapter. Government Code § 54952(b). The Brown Act applies to all groups created by formal action of the legislative body. This includes boards, commissions, committees, volunteer groups, task forces, blue ribbon committees, and working groups. Advisory committees (composed solely of councilmembers comprising less than a quorum) are not considered legislatiVe bodies subject to the Brown Act unless they are standing committees. Standing committees are_subject to theBrown Act. A standing committee (regardless of composition) is defined as having either;.1) a continuing 3 subject matter jurisdiction; or, 2) a meeting schedule fixed by formal of the legislative body. Accordingly, an advisory committee comprised solely of less than a quorum of the legislative body that serves a limited purpose for a limited time (temporary) is not subject to the Brown. Act (commonly'referred to as ad hoc committees). Working groups created by staff and whose -participants aredetermined by staff are not subject to the Brown Act Tfie legislative body mint refrain from taking formal action which could be construed as formal action resulting in**creation of a council committee. A body -Of a_city is 'created" if the city council "'played a role' in bringing .. . 'into existence' the .. tiody " Californians Aware v. Joint Labor/Management Benefits Committee, -20_0 Gal.App 41) 97 -, 978 (2011) (Group was "created" by city when the city played a_role`in bringing" the group into-e stence even though no formal action by city to establish the group Epstein v. Hollywood Entertainment District 11 Business Improvement District, 87 al.App c4?n_862 (2001)). In the event there is action taken that could*Donstrued as creating altegislative body, such action in conjunction with the composition -of a working group including various individuals (not limited to solely councilmembers ould result in the working group becoming a standing committee subject to the Browi-Act. Purpose To establish a policy that provides a mechanism to select the councilmember(s) to attend a staff -level working group meeting(s) and the length of time the member(s) would serve in such a role before a rotation, if any, when more than two members have indicated a desire to attend a staff -level working group. 473 of 535 Policy There are a number of methods or procedures that could be used to determine which member(s) would attend staff -level working group meetings and duration of participation. • Draw straws • Flip a coin (coin toss) • Draw names from box • By seniority The city clerk is designated as the facilitator of the city.COuncilis preferred method of selection. Related Policy References City Council Policy #108 National City Municipal Code, Chapter 2.01 Government Code section 34851-;4_seq. Ralph M. Brown Act Rosenberg's Rules of Order Prior Policy Policy AmendrilehtS- None :;- 474 of 535 COUNCIL AGENDA STATEMENT MEETING DATE: May 3, 2016 AGENDA ITEM NO. iM TITLE: City Council discussion and direction on City Council participation on staff working groups, and more specifically, the National City/Port of San Diego Working Group PREPARED BY3 Leslie Deese, City Mena DEPARTMENT: City Manager PHONE: j 336-4240 APPROVED BY; EXPLANATION: At its April 19, 2016 meeting, the City Council directed staff to place an item on the May 3, 2016 agenda to discus councilmember participation on staff working groups, and specifically, the National City/Port of San Diego Working Group, The. Council also discussed a possible policy or procedure that governs councilmember(s) participation on working groups, The City Council last discussed the subject of city ad -hoc committees and working groups on May 19, 2015 (see attached). While no action was taken by the Council at that time, based on discussion at the meeting, the City Attorney subsequently provided a memo to the Council addressing serial meetings and the Brown Act. This item provides the Council with the opportunity to further discuss councilmember participation on the ^.ity/Port working group. FINANCIAL STATEMENT: ACCOUNT NO. NIA ENVIRONMENTAL REVIEW: ;NIA ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Council direction requested. BOARD 1 COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Agenda item from May 19, 2015 475 of 535 Book 981 Page 79 04-19-2016 STAFF REPORTS (cont.) AQUATIC CENTER ADMIN (702-13-1) 24. Update on Negotiations with Southwestern College to Operate the National City Aquatic Center. (Community Services) Brad Raulston, Executive Director reported that the Southwestern College Board deferred direction to staff to a future meeting when they intend to bring back a refined staff report proposing a pilot program for Southwestern College to operate the Aquatic Center. In the interim, staff is working to program the facility with contract instructors and other suitable users based on a F4cilities Use Permit that would allow the facility to be used during the summer. The goal is to open the facility on June 8th or gth. KIMBALL PARK / SKATE PARK ADMIN (702-1-1) 25. Update on Skate Park Opening. (Engineering) Steve Manganiello, City Engineer/Public Works Director announced that the Skate Park will officially open to the public on April 20th and there will be a formal grand opening event in conjunction with Movies in the Park on June 10th. MAYOR AND CITY COUNCIL Member Mendivil reported that he participated with Police Department as a volunteer for Dream Center along with others in the river bottom dealing with the homeless and found it very rewarding. Mr. Mendivil suggested inviting the National School District Mariachi group to perform at a Council meeting and be recognized, and reminded everyone that the National Day of Prayer is May 5th in Kimball Bowl. Member Mendivil made a motion, seconded by Cano, that staff bring back at the next meeting an agenda item to discuss the Port Staff Committee and how it is that elected members can participate in that committee. Carriedbythe following vote, to -wit: Ayes: Cano, Mendivil, Morrison. Nays: Rios, Sotelo-Solis. Abstain: None. Absent: None, Member Sotelo-Solis said she attended the Environmental Health Coalition Gala; testified before the Legislature on the Environmental Justice'Bill and spoke at the San Diego Leadership Alliance. Member Sotelo-Solis said she was interested in an in-house Economic Development person; looking into securing a grocery store on the west side and had invited a representative from SANDAG to make a presentation to Council on crime statistics. 476 of 535 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 19, 2015 ITEM TITLE: City of National City Ad -Hoc Committees and Working Groups AGENDA ITEM NO. PREPARED BY: Leslie Deese, City Manager DEPARTMENT: PHONE:' 336-4240 City Manager APPROVED BY: EXPLANATION: -._-- Please see attached Staff Report FINANCIAL STATEMENT: ACCOUNT NO, ,NIA. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: Finance APPROVED: t,�I5 STAFF RECOMMENDATION: Request Council direction BOARD I COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Staff Report 477 of 535 Staff Report: City of National City Ad -Hoc Committees and Working Groups At the May 5, 2015 City Council meeting, Councilmember Sotelo-Solis requested staff prepare a report on National City ad -hoc committees and working groups. The purpose of this report is to respond to the councilmember's request and provide a summary of the City's ad -hoc committees and working groups. Ah-Hoc Committees; The City of National City has seven (7) established Boards, Commissions, and Committees as set forth in Title 16 of the Municipal Code. National City also has a number of ad -hoc committees which are temporary advisory committees consisting of council members of less than a quorum, generally short-term in nature, and formed by the;City Council for a specific purpose. These temporary committees composed solely of two council members are generally not considered a legislative .body under the Brown Act, Ad hoc committees are supported by staff. Recent ad -hoc committees include: • Tobacco (Smoke -Free) Committee • Nutrition Center Sustainability Committee • Special Events Committee • Parks & Facilities Committee • Investment and Bond Committee • War Memorial Committee Each of the ad -hoc committees noted above is comprised of two councilmembers with the exception of the War Memorial Committee which is comprised of community members, military veterans, and City staff. Working Groups: National City also has staff -initiated working groups that are comprised of representatives from City staff that may include staff from other agencies, and participates in working groups created by, or in cooperation with, other agencies. A working group is defined as an ad -hoc group of subject -matter experts working together on more of an ongoing nature in order to achieve specified goals. Recent working groups include: • National City Homeless Committee • Tow Contract RFP Working Group • National City/Port of San Diego/Bay Front Master Plan The National City Homeless Committee is comprised of staff from numerous city departments. The National CitylPort of San Diego working group includes City staff, Port staff, National City Port Commissioner, and two Councilmembers. 478 of 535 RESOLUTION NO. 2016 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING CITY COUNCIL POLICY NO. 118 PERTAINING TO CITY COUNCIL ATTENDANCE AT STAFF -LEVEL WORKING GROUPS BE IT RESOLVED by the City Council of the City of National City that City Council Policy No. 118, entitled "City Council Attendance at Staff -level Working Groups" is adopted. PASSED and ADOPTED this 21st day of June, 2016. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor 479 of 535 CC/CDC-HA Agenda 6/21/2016 — Page 480 The following page(s) contain the backup material for Agenda Item: Response to request by City Council to provide updated reference information regarding the retail sale of animals in pet stores and related municipal codes. (Police) 480 of 535 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 21, 2016 AGENDA ITEM NO. ITEM TITLE: Response to request by City Council to provide updated reference information regarding the retail sale of animals in pet stores and related municipal codes. PREPARED BY: David Espiritu, Captain PHONE: 4491 EXPLANATION: On May 3, 2016, a Councilmember Alejandro Sotelo-Solis requested staff prepare an updated report regarding the retail sales of animals in pet stores and the municipal codes related to sales. The information was requested in order to evaluate the need for City Council action regarding animals sold in pet stores in National City. DEPARTMENT: Police APPROVED BY: i FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: N/A ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Accept and file BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Staff Report Exhibit A - 2013 PowerPoint Informational Presentation Exhibit B - Packet Submitted by Animal Advocacy Group 481 of 535 '5- CALIFORNIA -- NATIONAL Clint NCORP°RATED NATIONAL CITY POLICE DEPARTMENT MEMORANDUM DATE: June 6, 2016 TO: Manuel Rodriguez, Chief of Police FROM: David Espiritu, Captain SUBJECT: Staff Report -Executive Brief on Animal Sales (Update) BACKGROUND In December of 2013, the City Council was provided a staff report reference the retail sale of animals in pet stores and related municipal codes. The report was accepted and filed with no action taken. During the May 3, 2016 City Council Meeting, staff was directed to provide an update to the previous staff report related to the sale of animals by pet stores. This updated report provides information on the issues surrounding animal sales. In addition, the following areas will be discussed: • Pet stores located in National City • Animal Regulations • National City Municipal Codes related to animal sales • Issues regarding animal sales by pet stores • The cities within San Diego County that have banned animals sales and samples of related municipal codes • Factors to consider SUMMARY There are currently four pet stores in National City, Pet Market #3 — 1536 Sweetwater Road, Suite F, National City Puppy — 1430 East Plaza Blvd., Puppy Patch — 3030 Plaza Bonita Road, Suite 2075 and Petco — 3426 Highland Avenue, Suite B. National City Puppy and Puppy Patch sell dogs, along with other animals and pet supply products. Pet Market #3 showcases sheltered dogs which are available for adoption and Petco showcases sheltered cats, which are also available for adoption. 482 of 535 Paue I 1 4 ' CALIFORNIA -. NATIONAL env `- iNCORPOAATE� Since the previous staff report provided in 2013, Fiesta Pet Shop, which was previously located at 1145 Highland Avenue, has closed and National City Puppy obtained permits and officially opened. In 1966 Congress passed the Animal Welfare Act (AWA), which outlines specific minimum standards of care for dogs, cats and other kinds of animals bred for commercial resale. The AWA is enforced by the United States Department of Agriculture (USDA). Those in favor of prohibiting the retail sale of animals believe there is insufficient oversight because retail stores usually obtain their dogs and cats from a number of sources. These sources include breeders, regulated by the USDA and smaller hobby breeders, who are not subject to regulations. Regulation information is according to Pet Industry Joint Advisory Council which represents pet stores across the country. Animal Advocates, including the Humane Society of the United States, believe that pet stores obtain many of their animals from "puppy mills" and "kitten factories, places where dogs and cats are bred and raised in cramped, unhealthy, and inhumane conditions (OLR Research Report August 2013). The following seven cities in San Diego County have banned or are in the process of banning pet stores in their communities from selling dogs and cats. Chula Vista April 2012 San Diego August 2013 Encinitas July 2015 Oceanside September 2015 Vista October 2015 Carlsbad May 2016 San Marcos July 2016 483 of 535 Paue 12 +}- CALIFORNIA •- NATIONAL Cary TaVY XNCORPORATE Recently a pet store in Carlsbad closed after the Carlsbad City Council voted on May 2, 2016 to ban the retail sale of dogs and cats from commercial breeders. The City of Carlsbad approved a similar ban in 2013, but council reversed its vote before the ordinance was ever adopted. Animal rights groups, including the Humane Society of the United States, say banning the sale of dogs and cats at pet stores not only will help reduce the number of animals treated inhumanely, but it will encourage the adoption of more pets from shelters and rescue groups. In addition, staff has included a letter from the Best Friends Animal Society sent to the City Manager's Office and City Clerk's Office in May of 2016 addressed to the Mayor and City Councilmembers. On the other side of the debate, pet store owners and some mass breeders say the criticisms are overblown. They contend the ban limits consumer choice, threatens the long-term viability of dog breeding and encourages the "underground" sale of animals. Additionally, store owners and breeders assert they purchase / obtain animals for resale from reputable licensed breeders. Some retail stores deal with larger and established breeders that are inspected by the U.S. Department of Agriculture and the American Kennel Club. Guarantees for the consumer regarding the health of the animals varies from store to store. ORDINANCES -National City The City of National City does not have ordinances regulating the retail sale of animals in stores however the following ordinance addresses the sale of animals in public: NCMC 8.32.050: Animal sales in public places prohibited. It is unlawful to offer for sale, sell, or to exchange or transfer for any form of consideration puppies or kittens on public property or on private property open to the public, including but not limited to areas in front of stores, commercial shopping areas, commercial parking areas, swap meets and auctions. Since the cities of Chula Vista and San Diego border our City's Southern and Northern borders their ordinances are being spotlighted for comparison. 484 of 535 Paae 13 *}- CALIFORNIA -�- NATIO AL orryi /Tari NCORPOAATE) ANIMAL SALE PROHIBITIONS -Chula Vista The City of Chula Vista in 2012 passed an ordinance prohibiting the sales of dogs and cats by pet stores. The following Chula Vista Municipal Codes address the animal sales ban: CVMC 6.08.108: Pet shops — Dog and cat sales prohibited Pet shops are prohibited from selling dogs or cats in the City of Chula Vista. CVMC 6.30.010: Sale of animals, birds, or reptiles on public property or on private property open to the public prohibited It is unlawful to give away, offer for sale, sell, exchange, or transfer for any form of consideration, or for no consideration, any animal, bird, or reptile on public property or on private property open to the public, including, but not limited to, areas in front of stores, commercial shopping areas, commercial park areas, swap meets, and auctions. CVMC 6.30.020 Exceptions: CVMC 6.30.010 shall not apply to: A. Any legally recognized nonprofit charitable organization that provides or contracts to provide services as a public animal sheltering agency. B. Any legally operated business that sells animals, birds, or reptiles in its normal course of business. C. Any nonprofit animal rescue or adoption organization. D. Any gift, sale, exchange, or transfer of any animal, bird, or reptile on public property or on private property open to the public that is authorized by federal or state law. ANIMAL SALE PROHIBITIONS -San Diego The City of San Diego in August 2013 passed an ordinance to prohibit, with certain exceptions, the retail sale of dogs, cats, and rabbits within the city. Additionally, the ordinance does not prevent the owner / operator of an establishment from providing space and appropriate care for animals owned by a city or county animal shelter, the humane society, or non-profit rescue organization for the purpose of public adoption. The following San Diego Municipal Codes outlines the ban: 485 of 535 Page 14 Oy- CALIFORNIA -�- N 1UONAL Cfly -- [NCORPORATB SDMC 42.0706 Pet Shops — Prohibition of the Sale of Dogs, Cats, and Rabbits (a) It is unlawful for any person to display, offer for sale, deliver, barter, auction, give away, transfer, or sell any live dog, cat, or rabbit in any pet shop, retail business, or other commercial establishment located in the City of San Diego, unless the dog, cat, or rabbit was obtained from a city or county animal shelter or animal control agency, a humane society, or a non-profit rescue organization. All pet shops, retail businesses, or other commercial establishments selling dogs, cats, or rabbits shall maintain a certificate of source for each of the animals and make it available upon request to animal control officers, law enforcement, code compliance officials, or any other City employee charged with enforcing the provisions of this section. (1) For purposes of this section, a commercial establishment is defined as any for -profit business enterprise, including a sole proprietorship engaged in retail or wholesale commerce related to dogs, cats, and rabbits, including grooming parlors, canine day care, and boarding facilities. (2) For purposes of this section, a non-profit rescue organization is defined as any California non-profit corporation that is exempt from taxation under Internal Revenue Code section 501(c)(3), whose mission and practice is, in whole or in significant part, the rescue and placement of dogs, cats, or rabbits; or any non-profit organization that is not exempt from taxation under Internal Revenue Code section 501(c)(3) but is currently (3) an active rescue partner with a City or County of San Diego shelter or humane society, whose mission is, in (4) whole or in significant part, the rescue and placement of dogs, cats, or rabbits. (5) For purposes of this section, a certificate of source is defined as any document from the source city or county animal shelter or animal control agency, humane society, 486 of 535 Pate 15 CALIFORNIA NA TONAL Car \ - (NCOarORATED (6) or non-profit rescue organization declaring the source of the dog, cat, or rabbit on the premises of the pet shop, retail business, or other commercial establishment (b) This section shall not apply to the display, offer for sale, delivery, bartering, auction, giving away, transfer, or sale of dogs, cats, or rabbits from the premises on which they were bred and reared. (b) This section shall not apply to the display, offer for sale, delivery, bartering, auction, giving away, transfer, or sale of dogs, cats, or rabbits from the premises on which they bred and reared. (c) Nothing in this section shall prevent the owner, operator, or employees of a pet shop, retail business, or other commercial establishment located in the City of San Diego from providing space and appropriate care for animals owned by a city or county animal shelter or animal control agency, humane society, or non-profit rescue organization and maintaining those animals at the pet shop, retail business, or other commercial establishment for the purpose of public adoption. FACTORS Since the previous staff report provided in 2013, five additional cities in San Diego County have implemented a similar ban on the sale of dogs and cats. The police department has responded to several calls related to protestors at the National City Puppy store. The following factors previously recommended in 2013 may be considered when evaluating whether to implement changes to the existing National City ordinance(s) on animal sales: Status Quo: No Change in City Ordinance • Additional pet stores may move to National City from other cities that prohibit the retail sale of non -rescue animals. • Animal activist may picket pet stores in National City. • Not prohibiting pet sales provides consumers a local choice to purchase pets. 487 of 535 Pase 16 CALIFORNIA .- NATIONAL CITY awy L - [NCORPORATED • Breeder Oversight: Large and well established breeding companies are regulated by the US Department of Agriculture (USDA). Some pet stores work with these types of breeders. New City Ordinance: Prohibiting Retail Sale of non -rescue animals • Financial setback for current and future pet stores. • Deter new pet stores from moving into City. • Grandfathering current pet stores from the ban will create a monopoly in the City for pet sales. • Prohibiting the sale of non -rescue animals will help control the pet population in City. • Additional oversight of pet stores by Humane Society or animal shelters as a result of rescue animals being sold in stores. • Possible litigation by pet store owners opposing the ordinance. CONCLUSION The decision to enact or not enact a ban on the sale of animals in National City is a policy decision. The points presented in this report are a summary of the information obtained from both sides of the issue. The goal has been to provide a review of the issues in order to make a community decision. 488 of 535 Pale 17 -*::CALIF0.RN1A 1- NTIONALCIW neeq PVCOAPOSATEP Retail Animal Sales in San Diego County December 17, 2013 489 of 535 Pet Stores in National City ► Fiesta Pet Shop —1145 Highland Avenue, Suite A ► Pet Market #3 — 1536 Sweetwater Road, Suite F ► Pending: National City Puppy — 1430 East Plaza Blvd ► Currently Fiesta Pet Shop and Pet Market #3 sell dogs and cats, along with other small animals and pet supplies ► National City does not have ordinances regulating the retail sale of animals in stores but the sale of animals in public places is prohibited (NCMC 8.32.050) 2 490 of 535 Summary: ► Those in favor of prohibiting the retail sale of animals believe there is ti insufficient oversight because retail stores usually obtain their dogs i and cats from a number of sources. Animal Advocates, believe that pet stores obtain many of their animals from "puppy mills" and ti, "kitten factories, places where dogs and cats are bred and raised in cramped, unhealthy, and inhumane conditions. (OLR Research Report j August 2013) ii \ ► Pet store owners and some mass breeders say the criticisms are overblown. They contend the ban limits consumer choice, threatens the long-term viability of dog breeding and encourages the "underground" sale of animals. Additionally, store owners and breeders assert they purchase / obtain animals for resale from reputable licensed breeders. Some retail stores deaf with larger and established breeders that are inspected by the U.S. Department of Agriculture and the American Kennel Club. Guarantees for the consumer regarding the health of the animals varies from store to store. 3 ► Two cities in San Diego County (San Diego and Chula Vista) r .ve banned pet stores in their communities from selling dogs4id cats. 491 of 535 Where are these pets acquired? ► Retail stores usuallyobtain their animals from a number of sources: '\ ► Established breeders (regulated by the US Department of Agriculture) ► Small "hobby" breeders (not subject to regulation or oversight) ► Brokers that find specific animals for pet stores ► Individuals that seek out pet stores to sett their litter of puppies or kittens 4 492 of 535 i Pet Store Owners / Breeders: Viewpoint `' ► Pet Stores owners and breeders claim the criticism is overstated and bans are not good: I ► Bans limit consumer choices 1 ► Threatens the long-term viability of animal breeding 1, ► Encourages "underground" sates of animals. ► Many Stores deal with larger established breeders that are inspected by the US Dept. of Agriculture. 5 493 of 535 Animal Advocates: Viewpoint ► Humane Society of the United States and similar organizations believe that pet stores obtain many of their animals from "puppy mills" or "kitten factories' ► There is Limited regulations on smatter breeders / animal brokers ► Animals that are raised in these conditions usually have to live in cramped, unhealthy and inhumane conditions ► Some animals are in poor health when they arriv the pet stores 494 of 535 Cities in San Diego County that prohibit retail animal sales ► City of Chula Vista and City of San Diego ► Prohibit the retail sates of animals in pet store (Chula Vista - Public or Private property opened to the public:) ► Except if the animals were obtained from a city or county animal shelter or animal control agency, a humane society or a non-profit rescue organization ► City of Carlsbad ► Adopted a similar ordinance to prohibit the sale of animals however reversed their decision about a month later (November 2013) Other Cities: Oceanside and others 495 of 535 City of Carlsbad Decision ► City Council determined that prohibiting the retail sale of dog and cats is not the most effective way to stop the practice of breeding and raising dogs and cats in inhumane conditions such as those found in puppy mills and kitten factories ► The most effective manner of preventing the harms caused by puppy mills or kitten factories many of which are located out of state is for stronger regulation and enforcement of animals breeding regulations by the State and Federal government ► Prohibiting the retail sale of dogs and cats may harm legitimate business owners who do obtain their dogs and cats from mills and factories, and allowing an exemption for current business-- would create a monopoly 496 of 535 CONSI DERATIONS The following factors may be considered when evaluating whether to implernent cha to the existing National City ordnance(s) on animal sales: ► No New City Ordinance: ► Additional pet stores may move to National City from other cities that prohibit retail sale of non -rescue animals ► Activist may picket pet stores in National City ► Provides consumers a choice for pet purchases ► Breeder Oversight: Large and well established breeding companies are regulated by USDA ► New City Ordinance: Prohibiting Retail Sales of non -rescue animals ► Financial setback for current and future pet stores ► Deter pet stores from moving to National City ► Grandfathering current pet stores will create monopoly ► Help control the pet population in City ► Possible litigation by pet store owners opposing ordinance 497 of 535 ►Y CALIFORNIA Nii-TIONAL Ctry QUESTIONS? 7 111 498 of 535 • • Best Friends Animal Society SAVE THEM ALL"" 17 May 2016 National City Council 1243 National City Blvd. National City, CA 91950 Re: Support for a Retail Pet Sales Ordinance Dear Mayor Morrison, Vice Mayor Cano and Council Members, On behalf of Best Friends Animal Society, a national animal welfare organization in its thirty-third year, I would like to offer support for an ordinance to restrict the retail sale of dogs and cats in National City pet stores. We encourage you to join more than 145 municipalities (30 of which are in California) that have made the change to no longer allow pet stores to sell commercially bred pets, unless the pets come from shelters or rescue groups. Pet mills, particularly puppy mills, are a serious problem in the U.S. These facilities, which supply nearly 100% of retail pet stores and online retailers, are cruel and inhumane breeding factories in which profit and maximum productivity take priority over the welfare of the animals. Although the USDA regulates these breeders, the minimum federal standards do not ensure a humane life for dogs. These types of kennels can legally have more than a thousand dogs in one facility, and these dogs are allowed to be confined to extremely small, crowded cages for their entire lives, breeding continuously in order to produce as many puppies as possible for the pet trade. And USDA inspection reports show that many USDA -licensed breeders continue to sell animals to local pet stores even after being cited for serious violations at their facilities. Because the goal is to make a profit, pet mill owners must cut corners to keep expenses low and profits high. For the unsuspecting consumer, this frequently results in the purchase of a pet facing an array of immediate veterinary problems or harboring genetic diseases that surface down the line. This creates a financial burden on the consumer and results in many of these animals being surrendered to overcrowded shelters. It makes little sense to continue manufacturing dogs and cats when so many are being killed for lack of space. Public education has been effective, but until communities take the initiative to limit the supply of pets being imported from substandard commercial facilities, there can be no hope of preventing these unnecessary deaths. Best Friends Animal Society 5001 Angel Canyon Road Kanab, UT 84741 Best Friends Animal Society - Los Angeles 15321 Brand Blvd. Mission Hills. CA 91345 Best Friends Animal Society - New York City contactnycbestfriends.org Best Friends Animal Society - Utah 2005 South 1100 East Salt Lake City, UT 84106 499 of 535 Best Friends Animal Society SAVE THEM ALLTM Those who benefit most from companion animal sales in pet stores are the retailers themselves. While they may profit from the practice of buying these pets at a low price from commercial brokers and then selling them (typically without first spaying or neutering them) at a high price, it is the taxpaying public who pays for animal control to house and kill unwanted animals in the community. Puppy mill -supplied pet stores can choose to be part of the solution rather than the problem by phasing out the sale of commercially bred pets in favor of other common revenue streams such as pet product sales, grooming and day care, and by offering space for animal rescue organizations to adopt out animals from those stores. Best Friends has partnered with several of the many pet stores that have transitioned from selling milled dogs and cats to offering rescued pets for adoption, and we have found this humane model to be both viable and embraced by the communities in which the stores are located. Thus, a restriction on the retail sale of pets would not preclude pet stores from staying in business, but would, in fact, alleviate a significant burden on local shelters by increasing pet adoptions. Further, it would not prevent anyone from purchasing a pet directly from a private breeder. Best Friends and our members thank you in advance for taking a compassionate, common sense initiative to addressing the pet mill problem in our community and setting a positive example for the rest of the country to follow. We have been proud to work with the majority of municipalities throughout the U.S. (including Los Angeles, San Diego, Long Beach, Carlsbad and Encinitas) that have enacted similar ordinances, and we will do all we can to help National City do the same. Thank you for your consideration of this important reform. Respectfully, Elizabeth Oreck National Manager, Puppy Mill Initiatives Best Friends Animal Society bestfriends.org/puppymills elizabetho(a�bestfriends.orq Best Friends Animal Society 5001 Angel Canyon Road Kanab, UT 84741 Best Friends Animal Society - Los Angeles 15321 Brand 81vd. Mission Hills, CA 91345 Best Friends Animal Society - New York City contactnycdbestiriends.org Best Friends Animal Society - Utah 2005 South 1100 East Salt Lake City, UT 84106 500 of 535 • • 410 Best Friends Animal Society Executive Summary: Scientific studies of dogs and puppies from commercial dog -breeding establishments (puppy mills) BACKGROUND Commercial breeding establishments, or puppy mills, are large-scale facilities where dogs are confined in small enclosures for their entire reproductive lives with little to no exercise or positive human contact. The sole purpose of such facilities is to mass-produce puppies to sell them for profit through retail pet stores and via the Internet. SYNOPSIS In two large-scale studies of dogs from high -volume commercial breeding establishments (one study focusing on the adult breeding dogs and the other on the puppies sold through pet stores), the evidence showed conclusively that these breeding facilities are highly injurious to both groups of dogs, resulting in severe, extensive and long- term harm to the behavioral and psychological well-being of the dogs. Study 1: The adult breeding dogs WHAT THE STUDY LOOKED AT This study compared a wide array of psychological and behavioral characteristics of 1,169 dogs formerly kept for breeding purposes in commercial breeding establishments with pet dogs owned by members of the general public. RESEARCHERS Franklin D. McMillan, DVM, Best Friends Animal Society Deborah L. Duffy, PhD, University of Pennsylvania School of Veterinary Medicine James A. Serpell, PhD, University of Pennsylvania School of Veterinary Medicine THE PUBLISHED PAPER Mental health of dogs formerly used as `breeding stock' in commercial breeding establishments. FD McMillan, DL Duffy, JA Serpell. Applied Animal Behaviour Science 2011; 135: 86-94. WHAT THE STUDY FOUND • The results showed a broad range of abnormal behavioral and psychological characteristics in the former breeding dogs from large-scale commercial breeding establishments, including significantly elevated levels of fears and phobias; pronounced compulsive and repetitive behaviors, such as spinning in tight circles and pacing; house soiling; and a heightened sensitivity to being touched and picked up. • The psychological harm demonstrated in these dogs is severe and long-lasting. Much of the harm is irreparable and will remain a continued source of suffering for years after the dogs leave the breeding facility, in some cases for the entire lifetime of the dog. 501 of 535 3 CONCLUSIONS • Current laws at both the national and state levels are not based on current scientific knowledge of animal psychology, quality of life, suffering, and welfare, and are thus inadequate to protect dogs from the psychological harm resulting from living in commercial breeding establishments. • Legislation to adequately protect the welfare of dogs in confinement needs to be updated to reflect current scientific knowledge. To obtain a copy of the published study, contact Dr. Frank McMillan (dr.frank@bestfriends.org). Study 2: The puppies WHAT THE STUDY LOOKED AT This study compared the psychological and behavioral characteristics of 431 adult dogs who were purchased as puppies from pet stores with adult dogs purchased as puppies from small-scale, private breeders. RESEARCHERS Franklin D. McMillan, DVM, Best Friends Animal Society James A. Serpell, PhD, University of Pennsylvania School of Veterinary Medicine Deborah L. Duffy, PhD, University of Pennsylvania School of Veterinary Medicine Elmabrok Masaoud, PhD, Atlantic Veterinary College, University of Prince Edward Island Ian Dohoo, DVM, PhD, Atlantic Veterinary College, University of Prince Edward Island THE PUBLISHED PAPER Differences in behavioral characteristics between dogs obtained as puppies from pet stores and those obtained from noncommercial breeders. FD McMillan, JA Serpell, DL Duffy, E Masaoud, IR Dohoo. Journal of the American Veterinary Medical Association 2013; 242: 1359-1363. WHAT THE STUDY FOUND • Dogs obtained as puppies from pet stores received significantly less favorable scores than breeder - obtained dogs on most behavioral variables measured. Compared with dogs obtained as puppies from noncommercial breeders, dogs from pet stores had significantly greater aggression toward human family members, unfamiliar people and other dogs; greater fear of other dogs and typical life events; and greater separation -related problems and house soiling. • For no behavior evaluated in the study did pet store dogs score more favorably than noncommercial breeder dogs. • The chances of a dog developing serious behavior problems is much higher for dogs purchased as puppies from pet stores, as compared to dogs obtained from small, noncommercial breeders. CONCLUSIONS • On the basis of these findings, combined with findings from earlier small-scale studies of dogs obtained from pet stores, until the causes of the unfavorable differences detected in this group of dogs can be specifically identified and remedied, the authors of this study withhold any recommendation that puppies be obtained from pet stores. )t 0 502 of 535 • Dogs sold by pet stores are misrepresented to consumers as a high -quality product, because the data now shows that consumers are not receiving what they believe they are paying for. The increased risk of behavior problems that pet store customers face as their dog matures includes aggression issues, which pose a significant risk of human injury. Consumer protective legislation is urgently needed in this area. • Legislation to improve the conditions in the large-scale commercial breeding facilities supplying puppies to pet stores is needed to assure that the puppies are not at any increased risk of maturing into adult dogs with serious behavior problems. To obtain a copy of the published study, contact Dr. Frank McMillan (dr.frank@bestfriends.org). Overall Conclusions • Current laws provide inadequate protection against harm to breeding dogs and puppies associated with commercial breeding establishments. • Consumers purchasing puppies from pet stores are unknowingly assuming a risk of difficult and serious behavior problems in their dogs, including dog behavior that can endanger their own safety. • If dogs are to be bred to produce puppies for sale, all of the dogs and puppies should be assured a decent quality of life based on the most current scientific research. For More Information For more about Best Friends Animal Society, go to bestfriends.org. To learn about Best Friends' puppy mill initiatives and what you can do to help, visit puppymills.bestfriends.org. 503 of 535 5 • • Best Friends Animal Society SAVE THEM ALLTM Retail Pet Sales Bans Enacted in North America (148) (Links to ordinances available at bestfriends.org/puppymills) (5-17-16) ARIZONA Phoenix, AZ - Enacted December 2013; effective January 2014 Tempe, AZ - Enacted February 2016; effective May 2016 CALIFORNIA South Lake Tahoe, CA - Enacted April 2009; effective May 2011 West Hollywood, CA - Enacted February 2010; effective March 2010 Hermosa Beach, CA - Enacted March 2010; effective April 2010 Turlock, CA - Enacted May 2010; effective June 2010 Glendale, CA - Enacted August 2011; effective August 2012 Irvine, CA - Enacted October 2011; effective immediately Dana Point, CA - Enacted February 2012; effective immediately Chula Vista, CA - Enacted March 2012; effective April 2012 Laguna Beach, CA - Enacted May 2012; effective immediately Aliso Viejo, CA - Enacted May 16, 2012; effective immediately Huntington Beach, CA - Enacted June 2012; effective June 2014 Los Angeles, CA - Enacted October 2012; effective June 2013 Burbank, CA - Enacted February 2013; effective August 2013 Rancho Mirage, CA - Enacted February 2013; effective March 2013 San Diego, CA - Enacted July 2013; effective September 2013 Ventura County, CA - Enacted December 2013; effective December 2014 Chino Hills, CA - Enacted October 2014; effective November 2014 Oceanside, CA - Enacted January 2015; effective September 2015 Long Beach, CA - Enacted March 2015; effective October 2015 Best Friends Animal Society 5001 Angel Canyon Road Kanab, UT 84741 Best Friends Animal Society - Los Angeles 15321 Brand Blvd. Mission Hills, CA 91345 Best Friends Animal Society - New York Cily contactnyatbestfriends.org Best Friends Animal Society - Utah 2005 South 110D East Salt Lake City, UT 84106 • Best Friends Animal Society' SAVE THEM ALL" Garden Grove, CA - Enacted March 2015; effective March 2016 Encinitas, CA - Enacted July 2015; effective immediately Beverly Hills, CA - Enacted August 2015; effective September 2015 Vista, CA - Enacted September 2015; effective October 2015 Palm Springs, CA - Enacted October 2015; effective immediately San Marcos, CA - Enacted January 2016; effective February 2016 Cathedral City, CA - Enacted January 2016; effective February 2016 Truckee, CA - Enacted February 2016; effective immediately Indio, CA - Enacted April 2016; effective immediately La Quinta, CA - Enacted April 2016; effective May 2016 Carlsbad, CA - Enacted May 2016; effective June 2016 COLORADO Fountain, CO - Enacted May 2011; effective May 2011 FLORIDA Flagler Beach, FL - Enacted June 2009; effective immediately Lake Worth, FL - Enacted February 2011; effective February 2011 Coral Gables, FL (applies to dogs only) Opa-Locka, FL (applies to dogs only) North Bay Village, FL (applies to dogs only) Hallandale Beach, FL - Enacted April 2012; effective immediately Margate, FL - Enacted October 2013; effective immediately Pinecrest, FL - Enacted October 2013; effective immediately Palmetto Bay, FL - Enacted December 2013; effective immediately Coconut Creek, FL - Enacted January 2014; effective immediately Wellington, FL - Enacted January 2014; effective immediately Surfside, FL - Enacted February 2014; effective immediately Aventura, FL - Enacted March 2014; effective immediately Best Friends Animal Society 5001 Angel Canyon Road Kanab, UT 84741 Best Friends Animal Society - Los Angeles 15321 Brand Blvd. Mission Hills, CA 91345 Best Friends Animal Society - New York City contactnyc eibestfriends.org Best Friends Animal Society - Utah 2005 South 1100 East Salt Lake City, UT 84106 Best Friends Animal Society SAVE THEM ALLTM Wilton Manors, FL - Enacted March 2014; effective immediately Greenacres, FL - Enacted April 2014; effective immediately North Lauderdale, FL - Enacted April 2014; effective immediately Bay Harbor Islands, FL - Enacted April 2014; effective immediately Pompano Beach, FL - Enacted May 2104; effective immediately North Miami Beach, FL - Enacted May 2014; effective immediately Miami Beach, FL - Enacted May 2014; effective January 2015 Bal Harbour Village, FL - Enacted May 2014; effective immediately Sunny Isles Beach, FL - Enacted May 2014; effective immediately Dania Beach, FL - Enacted June 2014; effective immediately Palm Beach Gardens, FL - Enacted July 2014; effective immediately Juno Beach, FL - Enacted July 2014; effective immediately Cutler Bay, FL - Enacted August 2014; effective immediately North Palm Beach, FL - Enacted August 2014; effective immediately Hypoluxo, FL - Enacted September 2014; effective immediately Jupiter, FL - Enacted October 2014; effective immediately Homestead, FL - Enacted October 2014; effective immediately Tamarac, FL - Enacted December 2014; effective immediately Palm Beach, FL - Enacted January 2015; effective immediately North Miami, FL - Enacted April 2015; effective immediately Lauderhill, FL - Enacted April 2015; effective immediately Fernandina Beach, FL - Enacted July 2015; effective immediately Jacksonville Beach, FL - Enacted August 2015; effective immediately Deerfield Beach, FL - Enacted November 2015; effective May 2016 West Melbourne, FL - Enacted November 2015; effective immediately Casselberry, FL - Enacted November 2015; effective immediately Neptune Beach, FL - Enacted January 2016; effective February 2016 Sarasota County, FL - Enacted January 2016; effective January 2017 Best Friends Animal Society 5001 Angel Canyon Road Kanab, UT 84741 Best Friends Animal Society - Los Angeles 15321 Brand Blvd. Mission Hills, CA 91345 Best Friends Animal Society - New York City contactnycdbestf riends.org Best Friends Animal Society - Utah 2005 South 1100 East Salt Lake City, UT 84106 506 of 535 8 Best Friends Animal Society SAVE THEM ALLTM South Miami, FL - Enacted January 2016; effective immediately Delray Beach, FL - Enacted March 2016; effective immediately ILLINOIS Waukegan, IL - Enacted June 2012; effective immediately Chicago, IL - Enacted March 2014; effective March 2015 Cook County, IL - Enacted April 2014; effective October 2014 Warrenville, IL - Enacted February 2016; effective immediately MARYLAND Montgomery County, MD - Enacted March 2015; effective June 2015 MASSACHUSETTS Boston, MA - Enacted March 2016; effective immediately MICHIGAN Eastpointe, MI - Enacted September 2015; effective January 2016 Memphis, MI - Enacted September 2015; effective immediately Fraser, MI - Enacted December 2015; effective immediately NEVADA Las Vegas, NV - Enacted January 2016; effective January 2018 NEW JERSEY Point Pleasant, NJ - Enacted May 2012; effective immediately Brick, NJ - Enacted July 2012; effective immediately Manasquan, NJ - Enacted September 2012; effective immediately Point Pleasant Beach, NJ - Enacted October 2012; effective immediately Best Friends Animal Society 5001 Angel Canyon Road Kanab, UT 84741 Best Friends Animal Society - Los Angeles 15321 Brand Blvd. Mission Hills, CA 91345 Best Friends Animal Society - New York City contactnycbestfri ends.org Best Friends Animal Society - Utah 2005 South 1100 East Salt Lake City, UT 84106 507 of 535 Best Friends Animal Society SAVE THEM ALLTM Hoboken, NJ - Enacted May 2013; effective immediately Oceanport, NJ - Enacted August 2013; effective immediately North Brunswick, NJ - Enacted October 2013; effective November 2013 Randolph, NJ - Enacted September 2014; effective immediately Camden County, NJ - Enacted September 2015; effective immediately Voorhees, NJ - Enacted October 2015; effective immediately Brooklawn, NJ - Enacted October 2015; effective immediately Audubon, NJ - Enacted October 2015; effective immediately Waterford, NJ - Enacted October 2015; effective January 2016 Cherry Hill, NJ - Enacted November 2015; effective immediately Merchantville, NJ - Enacted November 2015; effective immediately Runnemede, NJ - Enacted December 2015; effective March 2016 Somerdale, NJ - Enacted December 2015; effective March 2016 Laurel Springs, NJ - Enacted December 2015; effective March 2016 Oaklyn, NJ - Enacted December 2015; effective immediately Westville, NJ - Enacted December 2015; effective March 2016 Haddon Heights, NJ - Enacted December 2015; effective March 2016 Gloucester Township, NJ - Enacted December 2015; effective January 2016 Glassboro, NJ - Enacted December 2015; effective March 2016 Bellmawr, NJ - Enacted January 2016; effective immediately Berlin Township, NJ - Enacted February 2016; effective May 2016 Clementon, NJ - Enacted March 2016; effective June 2016 Pine Hill, NJ - Enacted March 2016; effective immediately Haddon Township, NJ - Enacted March 2016; effective immediately Winslow, NJ - Enacted March 2016; effective immediately Jackson, NJ - Enacted March 2016; effective immediately Collingswood, NJ - Enacted April 2016; effective immediately Audubon Park, NJ - Enacted April 2016; effective immediately Best Friends Animal Society 5001 Angel Canyon Road Kanab, UT 84741 Best Friends Animal Society - Los Angeles 15321 Brand Blvd. Mission Hills, CA 91345 Best Friends Animal Society - New York City con tactnycdbestf rlends.org Best Friends Animal Society - Utah 2005 South 1100 East Salt Lake City, UT 84106 508 of 535 ID • • Best Friends Animal Society SAVE THEM ALLTM Mount Ephraim, NJ - Enacted April 2016; effective immediately Barrington, NJ - Enacted April 2016; effective immediately Berlin Borough, NJ - Enacted April 2016; effective immediately East Brunswick, NJ - Enacted April 2016; effective May 2016 Gloucester City, NJ - Enacted April 2006; effective July 2016 Chesilhurst, NJ - Enacted May 2016; effective August 2016 Greenwich, NJ - Enacted may 2016; effective June 2016 NEW MEXICO Albuquerque, NM - Enacted June 2006; effective August 2007 NEW YORK Mamaroneck Village, NY - Enacted February 2016; effective immediately Mount Pleasant, NY - Enacted March 2016; effective immediately OHIO Toledo, OH - Enacted December 2013; effective January 2014 Grove City, OH - Enacted March 2016; effective January 2017 PENNSYLVANIA Pittsburgh, PA - Enacted December 2015; effective June 2016 Philadelphia, PA - Enacted April 2016; effective July 2016 RHODE ISLAND East Providence, RI - Enacted June 2014; effective immediately Best Friends Animal Society 5001 Angel Canyon Road Kanab, UT 84741 Best Friends Animal Society - Los Angeles 15321 Brand Blvd. Mission Hills, CA 91345 Best Friends Animal Society - New York City contactnyc�n)besttrlends.org Best Friends Animal Society - Utah 2005 South 1100 East Salt Lake City, UT 84106 509 of 535 11 Best Friends Animal Society SAVE THEM ALL' TEXAS El Paso, TX - Enacted October 2010; effective January 2011 Austin, TX - Enacted December 2010; effective December 2010 UTAH Salt Lake County, UT - Enacted October 2015; effective immediately CANADA Richmond, British Columbia (Canada) - Enacted November 2010; effective April 2011 Toronto, Ontario (Canada) - Enacted September 2011, effective September 2012 Rosemont -La Petite Patrie, Quebec (Canada) - Enacted December 2011; effective immediately Mississauga, Ontario (Canada) - Enacted July 2012; effective January 2013 New Westminster, British Columbia (Canada) - Enacted November 2012; effective immediately Kingston, Ontario (Canada) - Enacted August 2013; effective November 2013 Vaughan, Ontario (Canada) - Enacted April 2014; effective immediately Hudson, Quebec (Canada) - Enacted September 2014; effective immediately Waterloo, Ontario (Canada) - Enacted September 2014; effective January 2015 Mount Royal, Quebec (Canada) - Enacted May 2015; effective immediately Beaconsfield, Quebec (Canada) - Enacted December 2015; effective immediately Ottawa, Ontario (Canada) - Enacted April 2016; effective immediately Best Friends Animal Society 5001 Angel Canyon Road Kanab, UT 84741 Best Friends Animal Society - Los Angeles 15321 Brand Blvd. Mission Hills, CA 91345 Best Friends Animal Society - New York City contactnycdbestfriends.org Best Friends Animal Society - Utah 2005 South 1100 East Salt Lake City, UT 84106 510 of 535 CC/CDC-HA Agenda 6/21 /2016 — Page 511 The following page(s) contain the backup material for Agenda Item: Discussion regarding the order of items and reports that appear on the City Council regular meeting agenda. (City Manager) 511 of 535 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 21, 2016 AGENDA ITEM NO. ITEM TITLE: Discussion regarding the order of items and reports that appear on the City Council regular meeting agenda PREPARED BY:', Leslie Deese, City Manager PHONE: j 336-4240 EXPLANATION: Please see attached. DEPARTMENT: City Manager APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. NIA ENVIRONMENTAL REVIEW: N/AN ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Request Council direction. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Staff Report 512 of 535 Discussion regarding the order of items and reports that appear on the City Council regular meeting agenda At the June 7, 2016 City Council meeting, Councilmember Rios requested that staff return with a discussion item at the next regular meeting on the order of items and reports that appear on the City Council regular meeting agenda. Background: City Council Policy numbers 102, 103, 104 and 105 govern City Council meeting times, special Council meetings, conduct of Council meetings, off -agenda items, and the placement of non -agenda items on the agenda. The Council, however, does not have a policy that specifically governs the format or the order of items and reports that appear on the agenda. The format of the agenda begins with public comment, followed by presentations, interviews/ appointments, and the business portion of the agenda, which includes: • Consent Calendar • Public Hearings • Ordinances for Introduction • Ordinances for Adoption • Non -Consent Resolutions • New Business • Community Development Commission — Housing Authority The agenda concludes with reports from staff, City Council, and other elected officials. As a general practice, City Council meetings are conducted in the above order and items are heard in the order in which they are placed on the agenda. However, upon request of the public or a member of the City Council, the Council may vote, at its discretion, to change the order of an item(s), table an item, or continue an item(s) to a later meeting date. 513 of 535 CC/CDC-HA Agenda 6/21/2016 — Page 514 The following page(s) contain the backup material for Agenda Item: City Council discussion of term limits for City Council members. (City Manager/City Clerk/City Attorney) 514 of 535 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 21, 2016 AGENDA ITEM NO. ITEM TITLE: City Council discussion of term limits for City Council members PREPARED BY:! Leslie Deese, City Manager, 619-336-424 PHONE: L Claudia Silva, City Attorney, 619-336-422 Mike Dalla, City Clerk, 619-336-4226 EXPLANATION: Please see attached, fit 1' DEPARTMENT: City Manager APPROVED BY: 41'• FINANCIAL STATEMENT: ACCOUNT NO. iN/P ENVIRONMENTAL REVIEW: 1N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Request Council direction. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1) Staff Report 2) National City Municipal Code Section 2.72.010 — Term limit for the Office of the Mayor 515 of 535 City Council Discussion of Term Limits for City Council Members At the June 7, 2016 City Council meeting, Councilmember Mendivil requested that staff return with a discussion item at the next regular meeting on term limits for City Council members. Should the Council desire such a change, it can only be done through a voter approved ballot measure. In order to appear on the November 2016 Ballot, the text of a proposed measure and ordinance, in addition to all election related resolutions, would need to be adopted by August 2, 2016. Government Code section 36502 addresses term limits. Section 36502(b) provides in relevant part that "the city council of a general law or charter city may adopt or the residents of the city may propose, by initiative, a proposal to limit or repeal a limit on the number of terms a member of the city council may serve on the city council, or the number of terms an elected mayor may serve. Any proposal to limit the number of terms a member of the city council may serve on the city council, or the number of terms an elected mayor may serve, shall apply prospectively only and shall not become operative unless it is submitted to the electors of the city at a regularly scheduled election and a majority of the votes cast on the question favor the adoption of the proposal." For Council's reference, attached is a copy of National City Municipal Code Section 2.72.010 — Term limit for the Office of Mayor, which came into effect in 2004 and applied to full terms commencing after the November 2, 2004 General Municipal Election. 516 of 535 2.72.010 - Term limit for the office of mayor. No person shall be eligible for nomination and election to the office of mayor for more than three consecutive terms, and no person who has held the office of mayor for three consecutive terms, may again seek nomination and election to the office of mayor until one election cycle following the termination of the third term for mayor has elapsed; provided, however, that any person who is appointed by the city council to fill the office of mayor or elected in a special election for the balance of a regular term of mayor for a period of two years or less may seek nomination and election for three full terms thereafter. This section shall apply prospectively to full terms commencing after the November 2, 2004 general municipal election. (Ord. 2257 § 1, 2004) 517 of 535 CC/CDC-HA Agenda 6/21/2016 — Page 518 The following page(s) contain the backup material for Agenda Item: Resolution of the Community Development Commission -Housing Authority of the City of National City approving the Morgan and Kimball Tower budgets for Fiscal Year 2016-2017 including a $7 a month per unit increase from $707 to $714 for the total rent paymen 518 of 535 CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY COUNCIL AGENDA STATEMENT MEETING DATE: June 21, 2016 AGENDA ITEM NO. ITEM TITLE: Resolution of the Community Development Commission -Housing Authority of the City of National City approving the Morgan and Kimball Tower budgets for Fiscal Year 2016-2017 including a $7 a month per unit increase from $707 to $714 for the total rent payment received at Morgan Tower without increasing the tenant's share of the total rent payment for units assisted by the U.S. Department of HUD Project - based Section 8 Housing Assistance Program, and establishing an appropriation totaling $200,000 in the Kimball Tower budget to account for communications infrastructure improvements and a parking lot resurfacing project. PREPARED BY: Carlos Aguirre, Community Dev. Mgr. PHONE: 619-336-4391 EXPLANATION: See Attachment No. 1 for an explanation. DEPARTMENT: Housing, Grants, & Asset Mgement APPROVEY: FINANCIAL STATEMENT: APPROVED: APPROVED: Finance MIS The funding source is Morgan and Kimball Tower rental revenues and Section 8 rental subsidies from the U.S. Department of Housing and Urban Development. There is no cost to the City's General Fund. ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Attachment No. 1: Explanation Attachment No. 2: Kimball Tower Budget Attachment No. 3: Morgan Tower Budget Attachment No. 4: Resolution 51 3 OT 5:ib Attachment No. 1 2016-2017 Morgan and Kimball Tower Budgets Falkenberg, Gilliam and Associates, Inc. (FGA) has been the property management company for the Morgan and Kimball Towers since 1995. Each year, an operating budget for each building is prepared by the management company and is reviewed and approved by the Community Development Commission -Housing Authority of the City of National City (CDC -HA). Kimball Tower Budget Kimball Tower is a 151 unit complex located at 1317 D Avenue owned free and clear of debt by the CDC -HA. Of the 151 total units, two units are reserved for property management staff and 145 units receive rental subsidies from the U.S. Department of Housing and Urban Development (HUD) through the CDC -HA Section 8 Housing Choice Voucher program. Currently, residents pay 30% of income up to a maximum of $625 per month for rent. Current rent levels are able to absorb projected increases in expenses and a rent increase is not proposed in the Kimball Tower budget. Four units do not receive HUD rental subsidies and are rented at $625 to the tenants. For the fiscal year ending June 30, 2017, the projected annual income is $1,128,204 and the projected total cost of operations is $1,020,946. Although this presents a net cash surplus of $107,258, the property management company is required by the CDC - HA to place $84,000 annually in a replacement reserve account. Replacement reserves are funds restricted for the replacement of appliances, carpeting, or other unbudgeted building maintenance charges. As of March 31, 2016, the balance of the replacement reserve fund was $1,259,235. After funding the reserve account with an additional $84,000, net income for Kimball Tower is estimated to be $23,258. A capital improvement budget is also attached for Kimball Tower. A total of $200,000 is requested through the 2016-2017 budget that includes a communications infrastructure project (to upgrade telephone and internet) and a parking lot resurfacing project. Morgan Tower Budget Morgan Tower is a 152-unit complex located at 1415 D Avenue. 149 units at Morgan Tower receive rental subsidies through a U.S. Department of HUD Project -based Section 8 Housing Assistance Program (HAP) contract. One unit is reserved for property management staff and the remaining 2 units that do not have a rental subsidy are currently rented to the tenants at $707. FGA is proposing a rent increase of $7 from $707 to $714, which would be possible based on HUD's Annual Adjustment Factor (AAF). The proposed effective date for the rent increase is September 1, 2016. Households receiving a Section 8 subsidy will not feel the impact of this rental increase due to the fact that the proposed rent increase will be covered by the HAP rent subsidy. However, the two tenants not receiving Section 8 subsidies will pay the entire $714 in rent upon the effective date. 1 of 2 520 of 535 Attachment No. 1 For the fiscal year ending June 30, 2017, the projected annual income is $1,288,235 and total cost of operations is projected at $1,307,606 which includes loan payments of $302,134 and the monthly replacement reserve deposits at $37,524 annually, which is $3,127 per month. The balance of the replacement reserve account as of March 31, 2016 is $381,178. A deficit of $19,371 is projected for Morgan Tower mainly due to ongoing maintenance and repairs to the elevators, plumbing and electrical repairs, carpet cleaning, landscaping, pest control, and generator services. The property can make a request to HUD to cover the projected deficit from its residual receipts account reserve. As of March 31, 2016, the residual receipt account had an outstanding balance of $340,163. Staff recommends adopting the proposed Morgan Tower and Kimball Tower budgets for the Fiscal Year 2016-2017. 2 of 2 521 of 535 Attachment No. 2 KIMBALL TOWERS 2016 Budget Narrative SUMMARY The 2016 Budget for Kimball Towers does not propose a rent increase as we are projecting a budget surplus of $23,258. Current rent Ievels are able to absorb projected increases in expenses. The last rent increase was effective September 1, 2015. We will submit this budget for owner approval. Currently residents pay 30% of income up to a maximum of $625. ACCT. DESCRIPTION EXPLANATION 5120 Rental Revenue The proposed rents are as follows: 5220 Vacancy Factor 5440 Revenue from Investments - Replacements Reserves 5910 Laundry and Vending 6203 Conventions and Meetings 6204 Management Consultants 6250 Other Renting Expenses 6310 Office Salaries 6311 Office Expenses 6320 Management Fee 6330 Manager's Salaries 6331 Admin. Rent -Free Units 6340 Legal Expenses 6350 Auditing Expenses 6351 Bookkeeping Fees / Accounting Services Unit Type # of Units Current Rent One -Bedroom 151 $625 Budgeted at 1% of rents. Budgeted at $0. The amount remains in the reserve for replacement account and may not be used for operations. Budgeted per audit for laundry and water vending income. Budgeted per audit plus 5% for staff to attend training (which includes professional training, food, lodging and mileage). In addition, budgeted for office staff to attend additional occupancy training. Budgeted at $25,000 for asset management fee. Audit includes $2,625 expense for generator consulting services. Budgeted at $500 for miscellaneous renting expenses. Audit amount included hotel expenses for a resident who experienced flood damage in the unit. Budgeted per current for assistance in processing rents at $753 per month plus $1,500 for additional work related to front-line assistance. Also budgeted for Norma Garcia, office assistant, working 25 hours per week at $1,625 per month plus 5%. Included additional amount for sick and overtime. Audit amount was high due to personnel changes. Budgeted per audit plus 5% for telephone and Internet, office equipment and maintenance, printing and copying expenses, office supplies, postage, etc. Budgeted at current rate of 7.50% of net rental, vending machine and laundry revenue. Management fee has not increased since 2011. Budgeted per current plus 5% for Irma Garcia, Manager, working 40 hours per week, earning $2,253 per month. Note that the manager's salary is split between Morgan and Kimball Towers. Also budgeted for Flora Gouleva, Assistant Manager, working 32 hours per week, earning $3,051 per month. Budgeted additional amount for overtime, sick and salary increases. In addition, budgeted for 5% year-end bonuses, in lieu of pension contributions. Budgeted for two staff units at $625 each per month for the Superintendent's unit and assistant manager's unit. Audit was high because it included a third additional staff unit, which was eliminated. Budgeted at $500 for project related legal expenses. Budgeted per audit plus $500 for annual audit, electronic submission and filing fees. Budgeted for project computer maintenance at $1,386 and web -based occupancy software at $1,661. Also included allowable bookkeeping fees of $6 per door per month for centralized services. Prepared by Falikenberg/Gilliam &. Associates, Inc. ■ Managing Agents 1560 West Colorado Boulevard, P.O. Bo ' ena, CA 91109-7070 ■ (323) 258-3512 522 of 535 Attachment No. 2 Kimball Towers ACCT. DESCRIPTION 6390 Misc. Administrative Expenses 6450 Electricity 6451 Water 6452 Gas 6453 Sewer 6510 Payroll 6515 6520 6525 6530 Supplies Contracts Trash Removal Security Payroll/ Contract 6546 Heating/Cooling Repairs 6590 Nutrition Center Expenses 6711 Payroll Taxes 6720 Property and Liability Insurance 6722 Worker's Compensation 6723 Health Insurance & Other Employee Benefits 6790 Misc. Taxes, Licenses and Permits Reserve for Replacement Deposits 2016 Budget Narrative Page 2 EXPLANATION Budgeted per current for Resident Council at $100 per month. Also budgeted for a service coordinator at $1,050 per month. The service coordinator helps the elderly residents obtain supportive services from the community in order to help them live independently and in their home. Budgeted per audit plus 5%. Budgeted per audit plus 5%. Budgeted per audit plus 5%. Budgeted per current annual sewer fee of $45,300. Budgeted per current plus 5% for Bill Jiles, Superintendent, working 40 hours a week earning $2,513 per month. Note that the Superintendent's salary is split between Morgan and Kimball Towers. Also budgeted for Jordan Gouleva, Assistant Superintendent, working 40 hours a week earning $3,813 per month and for Charles Ray, Maintenance working 40 hours a week earning $3,987 per month. Budgeted additional amount for sick, overtime and salary increases. In addition, budgeted for 5% year-end bonuses, in lieu of pension contributions. Budgeted per audit plus 5% for cleaning supplies, plumbing supplies, electrical and maintenance supplies, appliance parts, paint, and hardware and tools, etc. Budgeted per audit (less $26,504, for capital needs items, such as flooring, cabinets/ countertops, and re -pavement of asphalt) plus 5% for elevator maintenance, plumbing and electrical repair, carpet cleaning, landscaping, exterminating, generator service, etc. Current is high because it includes unit flooring at $13,822. Budgeted per 12-month current total of $14,196 plus 5%. Budgeted per audit (less fire suppression line system costs of $47,589, installation of fire alarm panels at $18,261, and $3,098 for upgrading telephone system, all of which are non -recurring) plus 5% for guard service, quarterly fire alarm inspections, annual fire alarm monitoring, fire/sprinkler alarm repairs, smoke detector purchases and installation, and fire extinguisher service. Budgeted per current plus 5% for heating and cooling repairs. Budgeted per audit plus $500. Budgeted at 7.65% of salaries for Social Security and Medicare plus $224 each for SUI/ETT taxes. Budgeted per current premium of $42,073 plus 5% for property and liability insurance. Budgeted per audit plus 5% for worker's compensation insurance. Budgeted for three employees at monthly cost of $1,035.02 each for health insurance, $5.90 each for life insurance, and $15.81 each for dental insurance. Budgeted per audit plus $500 for elevator permit and inspection fees at $700, Hazmat materials fee at $292, and generator permit at $309. Budgeted per monthly deposit of $7,000. May16, 2016 Prepared by Fallkenberg/Gilliam & Associates, Inc. ■ Managing Agents 1560 West Colorado Boulevard, P.O. Box 70 a, CA 91109-7070 IN (323) 258-3512 523 of 535 Budget Worksheet income and Expense Projections U.S. Department of Housing and Urban Development Office of Housing Federal Housing Commissioner Public reporting burden for this collection of information is estimated to average 1.5 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This agency may not collect this information, and you are not required to complete this form, unless it displays a currently valid OMB control number. Attachment No. 2 OMB Approval No. 2502-0324 (exp. 12/31/2014) This information is collected in accordance with Title II of the National Housing Act which requires that HUD regulate rents for certain cooperative and subsidized rental projects. The Department formulated the processes by which owners could request increases. The requirements for tenant participation in the rent increase process, which is included in Section 202 (b) of the HCD Amendments of 1978, necessitated that the Department design procedures to give consideration for tenant comments. The information gathered is not of a confidential nature. The information is reoulred in order to obtain benefits. Project Number Name of Project KIMBALL TOWER Description of Account Acct. No. Audit (FYE 6/30/2015) PUPM 151/12 Current FY (no. of mos. 9) PUPM 151/9 Budget from 9/1/16-8/31/17 PUPM 151/12 Rental Rent Revenue - Gross Potential 5120 518,034 285.89 393,648 289.66 531,556 293.35 Income Tenant Assistance Payments 5121 586,807 323.84 451,283 332.07 600,944 331.65 5100 Rent Revenue - Stores & Commercial 5140 - - - Garage & Parking Spaces 5170 - - - Flexible Subsidy Revenue 5180 - - - Miscellaneous Rent Revenue 5190 - - - Excess Rent 5191 - - - Rent Revenue/Insurance 5192 - - - Special Claims Revenue 5193 - - - Retained Excess Income 5194 - - - Total Rent Revenue Potential at 100% Occupancy 5100T 1,104,841 609.74 844,931 621.73 1,132,500 625.00 Vacancies Apartments 5220 3,327 1.84 2,909 2.14 11,325 6.25 5200 Stores and Commercial 5240 - - - Rental Concessions 5250 - - - Garage & Parking Spaces 5270 - - - Miscellaneous 5290 - - Total Vacancies 5200T 3,327 1.84 2,909 2.14 11,325 6.25 Net Rental Revenue (Rent Revenue less Vacancies) 5152N 1,101,514 607.90 842,022 619.59 1,121,175 618.75 Income Nursing Homes/Assisted Living/Board & Care/ Other 5300 Elderly Care/ Coop/ Other Revenues 5300 Financial Revenue - Project Operations 5410 10 0.01 9 0.01 - Financial Revenue Revenue from Investments - Res. Rec. 5430 - - - 5400 Revenue from Investments - Repl. Res 5440 1,832 1.01 - Revenue from Investments - Miscellaneous 5490 - - - - Total Financial Revenue 5400T 1,842 1.02 9 0.01 0 - Other Laundry and Vending Revenue 5910 7,029 3.88 5,469 4.02 7,029 3.88 Revenue Tenant Charges 5920 - - - 5900 Interest Reduction Payments Revenue 5945 - - - Gifts (nonprofits) 5970 - - - Miscellaneous Revenue 5990 240 0.13 100 0.07 - Total Other Revenue 5900T 7,269 4.01 5,569 4.10 7,029 3.88 Total Revenue 5000T 1,110,625 612.93 847,600 623.69 1,128,204 622.63 Admin. Conventions and Meetings 6203 4,057 2.24 2,850 2,10 4,260 2.35 Expenses Management Consultants 6204 27,625 15,25 - 25,000 13.80 62001 Advertising and Marketing 6210 - - 35 0.03 - 6300 Other Renting Expense 6250 1,820 1.00 - - 500 0.28 Office Salaries 6310 52,993 29.25 20,509 15.09 32,511 17.94 Office Expenses 6311 23,683 13.07 14,923 10.98 24,867 13.72 Office or Model Apartment Rent 6312 - - - - Management Fee 6320 81,835 45.16 62,408 45.92 83,490 46.08 Manager or Superintendent Salaries 6330 62,141 34.29 46,859 34.48 72,513 40.02 Administrative Rent Free Unit 6331 19,520 10.77 13,035 9.59 15,000 8.28 Legal Expenses - Project 6340 66 0.04 1,365 1.00 500 0.28 Audit Expenses 6350 7,000 3.86 7,000 5.15 7,500 4.14 Bookkeeping Fees/Accounting Services , 6351 9,796 5.41 9,065 6.67 13,919 7.68 Miscellaneous Administrative Expenses 6390 14,927 8.24 9,650 7.10 13,800 7.62 Total Administrative Expenses 6263 T 305,463 168.58 187,699 138.12 293,860 162.17 Previous editions are obsolete page 1 of 2 524 of 535 ref. Handbook 4350.1 form HUD-92547-A (8/2000) Attachment No. 2 Project Number Name of Project KIMBALL TOWER Description of Account Acct. No. Audit (FYE 6/30/2015) PUPM 151/12 Current FY (no.ofmos. 9) PUPM 151/9 Budget from 9/1/16-8/31/17 PUPM 151/12 Utilities Fuel Oil/Coal 6420 6400 Electricity 6450 61,162 33.75 45,142 33.22 64,220 35.44 Water 6451 50,511 27.88 23,616 17.38 53,037 29.27 Gas 6452 37,552 20.72 28,439 20.93 39,430 21.76 Sewer 6453 45,300 25.00 45,300 33.33 45,300 25.00 Total Utilities Expense 6400 T 194,525 107.35 142,497 104.85 201,987 111.47 Operating & Payroll 6510 118,677 65.50 97,131 71.47 140,136 77.34 Maint. Supplies 6515 48,485 26.76 38,293 28.18 50,909 28.10 Expenses Contracts 6520 139,787 77.15 107,204 78.88 118,947 65.64 6500 Operating and Maintenance Rent Free Unit 6521 - - Garbage and Trash Removal 6525 13,563 7.49 10,750 7.91 14,905 8.23 Security Payroll/Contract 6530 116,135 64.09 29,805 21.93 49,547 27.34 Security Rent Free Unit 6531 - - - Heating/Cooling Repairs and Maintenance 6546 22,692 12.52 30,581 22.50 32,110 17.72 Snow Removal 6548 - - - Vehicle & Maint. Equip. Oper. and Repair 6570 - - - Misc. Operating & Maintenance Expenses 6590 553 0.31 58 0.04 1,053 0.58 Total Operating & Maintenance Expenses 6500 T 459,892 253.80 313,822 230.92 407,607 224.95 Taxes & Real Estate Taxes 6710 - Insurance Payroll Taxes (Project's share) 6711 19,201 10.60 15,865 11.67 19,293 10.65 6700 Property and Liability Insurance (Hazard) 6720 40,968 22.61 32,027 23,57 44,177 24.38 Fidelity Bond Insurance 6721 - - - Workmen's Compensation 6722 13,298 7.34 13,382 9.85 13,963 7.71 Health Insurance & Other Employee Benefits 6723 36,882 20.35 29,468 21,68 38,113 21.03 Misc. Taxes, Licen., Permits, & Insurance 6790 1,446 0.80 984 0.72 1,946 1.07 Total Taxes & Insurance 6700T 111,795 61.70 91,726 67.50 117,492 64.84 Financial Interest on Mortgage Payable 6820 - - - - - Expenses Interest on Notes Payable (Long -Term) * 6830 6800 Interest on Notes Payable (Short -Term) * 6840 Mortgage Insurance Premium/Service Charge 6850 - - - Miscellaneous Financial Expenses 6890 Total Financial Expenses 6800 T - - - - - - Expenses Nursing Homes/Assisted Living/Board & 6900 Care/Other Eld. Carel Coop/ Other 6900 Total Cost of Operations 6000T 1,071,675 591.43 735,744 541.39 1,020,946 563.44 Reserve for Replacements Dep. Required 84,000 46.36 63,000 46.36 84,000 46.36 Principal Payments Required - - - - - - Debt Service for other approved loans Debt Service Reserve (if required) General Operating Reserve (Coops) Total Cash Requirements 1,155,675 637.79 798,744 587.74 1,104,946 609.79 Less Total Revenue 1,110,625 612.93 847,600 623.69 1,128,204 622.63 Net Cash Surplus (Deficiency) (45,050) (24.86) 48,856 35.95 23,258 12.84 5/16/2016 I hereby certify that all the information stated herein, as well as any information provided in the accompaniment herewith, is true and accurate. Warning: HUD will prosecute false claims and statements. Conviction may result in criminal and/or civil penalties. (18 U.S.C. 1001, 1010, 1012; 31 U.S.C. 3729, 3802) (Signature) Date (mm/dd/yyyy) Pre iou tions are obsolete *HUD Approved Secondary Financing page 2 of 2 Only for Budget Projections. ref. Handbook 4350.1 form HUD-92547-A (8/2000) 525 of 535 Attachment No. 2 Kimball Tower Capital Improvement Budget Communications Infrastructure Parking Lot Resurfacing $150,000 $50,000 526 of 535 Attachment No. 3 MORGAN TOWER 2016 Budget Narrative SUMMARY Morgan Tower is entitled to annual rent increases based on HUD's Annual Adjustment Factor (AAF). This year it was low and that is the reason why the proposed rent increase is calculating a $7 maximum increase. Even though the budget reflects a shortfall, the building will have adequate funds to meet its obligations. We will submit this rent adjustment request and anticipate the new rents to be effective September 1, 2016. There are currently two residents who do not participate in the Section 8 program and will be affected by this rent increase. ACCT. DESCRIPTION 5120 Rental Revenue 5220 Vacancy Factor 5430 Revenue from Investments - Residual Receipts 5440 Revenue from Investments - Replacements Reserves 5910 Laundry and Vending EXPLANATION The proposed rents are as follows: Unit Type # of Units Current Rents Proposed Increase Proposed Rents One -Bedroom 151 $707 $7 $714 One -Bedroom 1 Non -Revenue Producing Unit —Staff Budgeted at 1% of rental income. Budgeted at $0. The amount remains in the residual receipts account and may not be used for operations. Budgeted at $0. The amount remains in the reserve for replacement account and may not be used for operations. Budgeted per audit for laundry and vending machine income. Laundry facilities are leased. 6203 Conventions and Meetings Budgeted per audit plus 5% for staff to attend training (which includes food, lodging and mileage). Also includes additional training classes for office staff. 6210 Advertising and Marketing Budgeted per audit for classified advertising of rental units (Affirmative Marketing). 6250 6310 6311 6320 6330 6340 6350 6351 Other Renting Expenses Office Salaries Office Expenses Management Fee Manager's Salaries Legal Expenses Auditing Expenses Bookkeeping Fees / Accounting Services 6390 Misc. Administrative Expenses Budgeted per audit plus 5% for background screening fees of potential tenants. Budgeted per current for assistance in processing HUD paperwork at $756 per month plus $1,250 for additional work related to front-line assistance. Budgeted per audit plus 5% for telephone and Internet, office equipment and maintenance, printing and copying expenses, office supplies, postage, etc. Budgeted per current contract rate at 6.50% of net rental, vending machine and laundry revenue. Management Fee hasn't increased since 2014. Budgeted per current expense plus 5% for Irma Garcia, Manager, working 40 hours per week, earning $2,253 per month. Note that the manager's salary is split between Morgan and Kimball Towers. Also budgeted for Rosa Flores, Assistant Manager, working 32 hours per week, earning $3,189 per month. Budgeted additional amount for overtime, sick time and salary increases. In addition, budgeted for 5% year-end bonuses, in lieu of pension contributions. Budgeted at $500 for project related legal expenses. Budgeted per audit plus $500 for annual audit, electronic submission and filing fees. Budgeted for project computer software updates at $371, project computer maintenance at $1,386 and web -based occupancy software at $2,107. Also included allowable bookkeeping fees of $6 per door per month for centralized services. Budgeted per current for Resident Council at $100 per month. Resident Council is a tenant association that represents the tenants. They are elected by the tenants and provide support, activities and refreshments to all residents. Also budgeted for a service coordinator at $1,025 per month and her monthly interne usage at $30 per month. The service coordinator helps the elderly residents obtain supportive services from the community to help them live independently and in their home. Prepared by Fallkenberg/Gall', ' tes, Inc. ■ Managing Agents 1560 West Colorado Boulevard, P.O. Bo 527 of 535 ena, CA 91109-7070 ■ (323) 258-3512 Attachment No. 3 Morgan Tower ACCT. DESCRIPTION 6450 Electricity 6451 Water 6452 Gas 6453 Sewer 6510 Payroll 6515 Supplies 6520 Contracts 6525 Trash Removal 6530 Security Payroll/ Contract 6546 Heating/Cooling Repairs 6590 Misc. Operating Expense 6711 Payroll Taxes 6720 Property and Liability Insurance 6722 Worker's Compensation 6723 Health Insurance & Other Employee Benefits 6790 Misc. Taxes, Licenses and Permits 6820 Interest on Mortgage Payable 6850 Mortgage Insurance Premium Reserve for Replacement Deposits Principal Payments Required 2016 Budget Narrative EXPLANATION Budgeted per 12-month current total of $57,591 plus 5%. Budgeted per 12-month current total of $54,106 plus 5%. Budgeted per I2-month current total of $29,669 plus 5%. Budgeted per current annual sewer fee of $45,600. Page 2 Budgeted per current expense plus 5% for Bill Jiles, Superintendent, working 40 hours a week earning $2,513 per month. Note that the Superintendent's salary is split between Morgan and Kimball Towers. Also budgeted for Philip Flores, Maintenance, working 40 hours a week earning $3,987 per month and for Keyanue McCallon, Maintenance working 40 hours a week earning $4,420. Budgeted additional amount for overtime, sick time and salary increases. In addition, budgeted for 5% year-end bonuses, in lieu of pension contributions. Budgeted per audit (less $4,233 for purchase of refrigerators/stoves, which are eligible to be reimbursed from the reserve fund) plus 5% for cleaning and plumbing supplies, electrical and maintenance supplies, appliance parts, paint, and hardware and tools, etc. Budgeted per audit (less $42,701 for flooring, cabinets/countertops, and refmishing tubs, all of which are eligible to be reimbursed from the reserve fund) plus 5% for elevator maintenance, plumbing and electrical repair, carpet cleaning, landscaping, exterminating, generator service, etc. Current amount is high due to unit flooring at $21,542, unit plumbing costs at $11,126 and unit painting costs at $11,350. Budgeted per 12-month current total of $13,976 plus 5%. Budgeted per audit plus 5% for guard service, fire alarm inspections, annual fire alarm monitoring, fire/sprinkler alarm repairs, smoke detector purchases and installation, and fire extinguisher service. Budgeted per audit plus 5% for heating and cooling repairs. Budgeted per audit plus 5% for nutrition center expenses. Budgeted at 7.65% of salaries for Social Security and Medicare plus $224 each for SUI/ETT taxes. Budgeted per current premium of $42,770 plus 5% for property and liability. Budgeted per audit plus 5% for worker's compensation. Budgeted per current for four employees at $1,035.02 each per month for health insurance, $5.90 each per month for life insurance, and $15.81 each per month for dental insurance. Budgeted per audit plus 5% for elevator inspection fees at $700 and air pollution control district permit fees at $1,094. Budgeted per amortization schedule. Mortgage matures August 2019. Budgeted per amortization schedule. Mortgage matures August 2019. Budgeted per current monthly deposit amount of $3,127. Budgeted per amortization schedule. Mortgage matures August 2019. May16,2016 Prepared by Falkenberg/Gillis• tes, Inc. ■ Managing Agents 1560 West Colorado Boulevard, P.O. Box 7 528 of 535 a, CA 91109-7070 1 (323) 258-3512 Attachment No. 3 Budget Worksheet Income and Expense Projections U.S. Department of Housing and Urban Development Office of Housing Federal Housing Commissioner Public reporting burden for this collection of information is estimated to average 1.5 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This agency may not collect this information, and you are not required to complete this form, unless it displays a currently valid OMB control number. This information is collected in accordance with Title II of the National Housing Act which requires that HUD regulate rents for certain cooperative and subsidized rental projects. The Department formulated the processes by which owners could request increases. The requirements for tenant participation in the rent increase process, which is included in Section 202 (b) of the HCD Amendments of 1978, necessitated that the Department design procedures to give corsideration for tenant comments. The information gathered is not of a confidential nature. The information is required in order to obtain benefits. OMB Approval No. 2502-0324 (exp. 12/31/2014) Project Number 129-38013 Name of Project MORGAN TOWER Description of Account Acct, No. Audit (FYE 6/30/2015) PUPM 151/12 Current FY (no. of mos. 9 ) PUPM 151/9 Budget from 9/1/16-8/31/17 PUPM 151/12 Rental Rent Revenue - Gross Potential 5120 525,195 289.84 397,894 292.78 537,982 296.90 Income Tenant Assistance Payments 5121 737,821 407.19 566,918 417.16 755,786 417.10 5100 Rent Revenue - Stores & Commercial 5140 - - - Garage & Parking Spaces 5170 - - - Flexible Subsidy Revenue 5180 - - - Miscellaneous Rent Revenue 5190 - - - Excess Rent 5191 - - - Rent Revenue/Insurance 5192 - - - Special Claims Revenue 5193 - - - Retained Excess Income 5194 - - - Total Rent Revenue Potential at 100% Occupancy 5100T 1,263,016 697.03 964,812 709.94 1,293,768 714.00 Vacancies Apartments 5220 2,781 1.53 4,035 2.97 12,938 7.14 5200 Stores and Commercial 5240 - - - Rental Concessions 5250 54 0.03 - - Garage & Parking Spaces 5270 - - - Miscellaneous 5290 - - Total Vacancies 5200T 2,835 1.56 4,035 2.97 12,938 7.14 Net Renta! Revenue (Rent Revenue less Vacancies) 5152N 1,260,181 695.46 960,777 706.97 1,280,830 706.86 Income Nursing Homes/Assisted Living/Board & Care/ Other 5300 Elderly Care/ Coop/ Other Revenues 5300 Financial Financial Revenue - Project Operations , 5410 13 0.01 7 0.01 - Revenue Revenue from Investments - Res. Rec. 5430 194 0.11 - - 5400 Revenue from Investments - Repl. Res 5440 530 0.29 - - Revenue from Investments - Miscellaneous 5490 - - - Total Financial Revenue 5400T 737 0.41 7 0.01 0 - Other Laundry and Vending Revenue 5910 7,405 4.09 5,576 4.10 7,405 4.09 Revenue Tenant Charges 5920 195 0.11 41 0.03 - 5900 Interest Reduction Payments Revenue 5945 - - - Gifts (nonprofits) 5970 - - Miscellaneous Revenue 5990 - - - - Total Other Revenue 5900T 7,600 4.19 5,617 4.13 7,405 4.09 Total Revenue 5000T 1,268,518 700.07 966,401 711.11 1,288,235 710.95 Admin. Conventions and Meetings 6203 2,715 1.50 2,425 1.78 2,851 1.57 Expenses Management Consultants 6204 - - - 6200/ Advertising and Marketing 6300 6210 357 0.20 - 357 0.20 Other Renting Expense 6250 200 0.11 277 0.20 210 0.12 Office Salaries 6310 9,402 5.19 7,134 5.25 10,322 5.70 Office Expenses 6311 12,584 6.94 8,521 6.27 13,213 7.29 Office or Model Apartment Rent 6312 - - - - Management Fee 6320 81,929 45.21 62,613 46.07 83,735 46.21 Manager or Superintendent Salaries 6330 64,066 35.36 48,695 35.83 74,843 41.30 Administrative Rent Free Unit 6331 Legal Expenses - Project 6340 66 0.04 1,365 1.00 500 0.28 Audit Expenses 6350 7,000 3.86 7,000 5.15 7,500 4.14 Bookkeeping Fees/Accounting Services 6351 10,338 5.71 9,886 7.27 14,808 8.17 Miscellaneous Administrative Expenses 6390 14,259 7.87 10,480 7.71 13,860 7.65 Total Administrative Expenses 6263 T 202,916 111.98 158,396 116.55 222,199 122.63 Previous editions are obsolete 529 of 535 ref. Handbook 4350.1 form HUD-92547-A (8/2000) Attachment No. 3 Project Number 129-38013 Name of Project MORGAN TOWER Description of Account Acct. No. Audit (FYE 6/30/2015) PUPM 151/12 Current FY (no. of mos. 9 ) w PUPM 151/9 Budget from 9/1/16-8/31/17 ......... .. .. w.r..r.necne..bE.,., PUPM 151/12 Utilities Fuel Oil/Coal 6420 _.,. ,. �...� 6400 Electricity 6450 56,457 31.16 43,064 31.69 60,470 33.37 Water 6451 52,715 29,09 39,883 29,35 56,811 31.35 Gas 6452 25,290 13.96 23,391 17.21 31,153 17.19 Sewer 6453 45,600 25.17 45,600 33.55 45,600 25.17 Total Utilities Expense 6400 T 180,062 99.37 151,938 111.80 194,034 107.08 Operating & Payroll 6510 123,158 67.97 101,424 74.63 148,644 82.03 Maint. Supplies 6515 40,887 22.56 31,763 23.37 35,573 19.63 Expenses Contracts 6500 6520 134,806 74.40 104,196 76.67 96,711 53.37 Operating and Maintenance Rent Free Unit 6521 - - - Garbage and Trash Removal 6525 13,343 7.36 10,750 7.91 14,674 8.10 Security Payroll/Contract 6530 32,571 17.98 28,361 20.87 34,200 18.87 Security Rent Free Unit 6531 - - - Heating/Cooling Repairs and Maintenance 6546 19,932 11.00 15,621 11.49 20,929 11.55 Snow Removal 6548 - - - Vehicle & Maint. Equip. Oper. and Repair 6570 - - - Misc. Operating & Maintenance Expenses 6590 10,424 5.75 2,661 1.96 10,945 6.04 Total Operating & Maintenance Expenses 6500 T 375,121 207.02 294,776 216.91 361,676 199.60 Taxes & Real Estate Taxes 6710 - - Insurance Payroll Taxes (Project's share) 6711 15,610 8.61 15,399 11.33 18,217 10.05 6700 Property and Liability Insurance (Hazard) 6720 41,649 22.99 32,078 23.60 44,909 24.78 Fidelity Bond Insurance 6721 - - - Workmen's Compensation 6722 11,487 6.34 10,497 7.72 12,061 6.66 Health Insurance & Other Employee Benefits 6723 35,981 19.86 39,671 29.19 50,723 27.99 Misc. Taxes, Licen., Permits, & Insurance 6790 1,794 0.99 1,343 0.99 1,884 1.04 Total Taxes & Insurance 6700T 106,521 58.79 98,988 72.84 127,794 70.53 Financial Interest on Mortgage Payable 6820 93,223 51.45 59,395 43.70 57,922 31.97 Expenses Interest on Notes Payable (Long -Term) * 6830 6800 Interest on Notes Payable (Short -Term) * 6840 Mortgage Insurance Premium/Service Charge 6850 7,165 3.95 3,536 2.60 4,323 2.39 Miscellaneous Financial Expenses 6890 Total Financial Expenses 6800 T 100,388 55.40 62,931 46.31 62,245 34.35 Expenses Nursing Homes/Assisted Living/Board & 6900 Care/Other Eld. Care/ Coop/ Other 6900 Total Cost of Operations 6000T 965,008 532.57 767,029 564.41 967,948 534.19 Reserve for Replacements Dep. Required 37,524 20,71 28,143 20.71 37,524 20.71 Principal Payments Required 265,396 146.47 210,647 155.00 302,134 166.74 Debt Service for other approved loans Debt Service Reserve (if required) General Operating Reserve (Coops) Total Cash Requirements 1,267,928 699.74 1,005,819 740.12 1,307,606 721.64 Less Total Revenue 1,268,518 700.07 966,401 711.11 1,288,235 710.95 Net Cash Surplus (Deficiency) 590 0.33 (39,418) (29.01) (19,371) (10.69) 5/16/2016 I hereby certify that all the information stated herein, as well as any information provided in the accompaniment herewith, is true and accurate. Warning: HUD will prosecute false claims and statements. Conviction may result in criminal and/or civil penalties. (18 U.S.C. 1001, 1010, 1012; 31 U.S.C. 3729, 3802) (Signature) Date (mm/dd/yyyy) P‘e'v'iollitions are obsolete *HUD Approved Secondary Financing page 2 of 2 Only for Budget Projections. ref. Handbook 4350.1 form HUD-92547-A (8/2000) 530 of 535 RESOLUTION NO. 2016 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY APPROVING THE MORGAN TOWER AND KIMBALL TOWER BUDGETS FOR FISCAL YEAR 2016-2017, INCLUDING A $7 A MONTH PER UNIT INCREASE FROM $707 TO $ 714 FOR THE TOTAL RENT PAYMENT RECEIVED AT MORGAN TOWER WITHOUT INCREASING THE TENANT'S SHARE OF THE TOTAL RENT PAYMENT FOR UNITS ASSISTED BY THE U.S. DEPARTMENT OF HUD PROJECT -BASED SECTION 8 HOUSING ASSISTANCE PROGRAM, AND ESTABLISHING AN APPROPRIATION IN THE AMOUNT OF $200,000 IN THE KIMBALL TOWER BUDGET TO ACCOUNT FOR COMMUNICATIONS INFRASTRUCTURE IMPROVEMENTS AND A PARKING LOT RESURFACING PROJECT WHEREAS, the Community Development Commission — Housing Authority of the City of National City ("CDC -HA") operates the Kimball and Morgan Towers; and WHEREAS, Falkenberg, Gilliam and Associates has been the property management company for said Towers since 1995; and WHEREAS, an operating budget for each building is prepared by the management company, and is reviewed and approved by the CDC -HA Board; and WHEREAS, the Kimball and Morgan Towers' operations do not have a direct financial impact on CDC -HA operations, and should be presented and approved independently of the CDC-HA's annual budget; and WHEREAS, a rent increase of seven dollars ($7) from $707 to $714 per month for the Morgan Tower is recommended to cover increases in general operating costs; and WHEREAS, a capital improvement budget of $200,000 is needed for Kimball Tower to account for communications infrastructure improvements and a parking lot resurfacing project; and WHEREAS, the budgets for the Kimball and Morgan Towers for Fiscal Year 2017 have been prepared and presented for approval. NOW, THEREFORE, BE IT RESOLVED, that the Community Development Commission - Housing Authority of the City of National City hereby approves the Kimball and Morgan Towers budgets inclusive of rent increases for Morgan Tower only and a capital improvement budget for Kimball Tower of $200,000 for Fiscal Year 2017. BE IT FURTHER RESOLVED that the Community Development Commission - Housing Authority of the City of National City hereby authorizes the establishment of an appropriation totaling $200,000 in the Kimball Tower budget to account for communications infrastructure improvements and a parking lot resurfacing project [Signature Page to Follow] 531 of 535 Resolution No. 2016 — Page Two PASSED and ADOPTED this 21st day of June, 2016. Ron Morrison, Chairman ATTEST: APPROVED AS TO FORM: Leslie Deese, Secretary Claudia Gacitua Silva General Counsel 532 of 535 CC/CDC-HA Agenda 6/21/2016 — Page 533 The following page(s) contain the backup material for Agenda Item: Notification on Upcoming EDCO Events: Paper shredding and E-waste recycling (July 23, 2016 from 9:00 am to 12:00 pm at City Hall parking lot) and large item drop-off (September 10, 2016 from 9:00 am to 12:00 pm at Kimball and Las Palmas Parks). (Engineeri 533 of 535 A Item No. 6/21/16 NOTIFICATION ON UPCOMING EDCO EVENTS: PAPER SHREDDING AND E-WASTE RECYCLING (JULY 23, 2016 FROM 9:00AM TO 12:OOPM AT CITY HALL PARKING LOT) AND LARGE ITEM DROP-OFF (SEPTEMBER 10, 2016 FROM 9:00AM TO 12:00PM AT KIMBALL AND LAS PALMAS PARKS) (Engineering/Public Works) 534 of 535 5€5 Jo 5C5 PAPER SHRE DDINO RECYCLING EVENT Saturday, July 23, 2016 9 a.m. to 12 p.m. City Hall Parking Lot, 12 4 3 National City Blvd., National City See back for details_. For more info, please call wer"rbai . rY7L-1) EDCO at (619) 287-7555 r " • ""' ' Event co -sponsored by the City of National City and EDCO. Mark Your Calendar for the National City Large Item Drop -Off Event! This free drop-off event is for National City residents to conveniently dispose of items that are too large or too heavy to place inside collection carts on a regular waste and recycling service day. Proof of residency is required. When: Time: Location: Saturday, September 10, 2016 9 a.m. - 12 p.m. Kimball Park and 12th Street & D Ave. National City Las Palmas Park Newell and E. 22nd Street National City 4 edcodlsposall.com "We'll Take Care of lt"