Loading...
HomeMy WebLinkAboutDraft Agenda Package - CC HA - 09-06-16 (3)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, SEPTEMBER 6, 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 504 CC/CDC-HA Agenda 9/6/2016 — 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 504 CC/CDC-HA Agenda 9/6/2016 — 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 1. September 2016 National Preparedness Month Proclamation AWARDS AND RECOGNITIONS PRESENTATIONS INTERVIEWS / APPOINTMENTS CONSENT CALENDAR 2. 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) 3. 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 . (City Clerk) 4. Resolution of the City Council of the City of National City authorizing the Mayor to sign the Agreement between the County of San Diego and the City of National City for payment of NextGen RCS Infrastructure costs with an annual payment in the amount of $147,379.98 for ten years. (Police and Fire) 5. Resolution of the City Council of the City of National City authorizing the Chief of Police to enter into an amendment to extend the current Memorandum of Agreement with the County of San Diego (San Diego Sheriffs Department and Probation Department) and municipal law enforcement agencies throughout the County, for program support of the Regional Realignment Response Group (R3). Request City Council establish an appropriation to receive $45,000. The Police Department will 3 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 4 be reimbursed for costs incurred in the amount not to exceed $45,000. (Police) 6. Resolution of the City Council of the City of National City approving adjustments to the compensation plan for the Confidential employee group; and approving the salary schedule for the Confidential employee group for fiscal year 2017 in compliance with the requirements of the California Public Employees Retirement System (CalPERS), including a 2% salary adjustment for all Confidential employee group classifications. (Human Resources) 7 Resolution of the City Council of the City of National City approving a Side Letter Agreement to Article 12 of the Memorandum of Understanding (MOU) between the City and the National City Police Officers' Association, Education/POST Certificate Incentive Pay. (Human Resources) Resolution of the City Council of the City of National City authorizing the Mayor to execute a Temporary Use Permit prepared by the San Diego Unified Port District to allow for storage of two trailers formerly used as a temporary youth aquatic center, located in the Pepper Park parking lot. (Engineering/Public Works) 9. Resolution of the City Council of the City of National City, waiving the formal bid process consistent with National City Municipal Code Section 2.60.260 regarding cooperative purchasing and authorizing the City (Buyer) to piggyback 1) the State of California Department of General Services Contract #1-15-23-14B to award the purchase and build -out of eleven fully equipped police vehicles to Folsom Lake Ford in an amount not to exceed $553,138.48; and 2) the County of San Diego Department of Purchasing and Contracting Contract #550743 to award the purchase of police radios for the new patrol vehicles to the Regional Communications System (RCS) vendor, Motorola Solutions, Inc., in an amount not to exceed $43,198.69. (Engineering/Public Works) 10. Resolution of the City Council of the City of National City 1) authorizing the Chief of Police to enter into an amendment to extend the current Memorandum of Agreement (MOA) authorizing the Police Department to participate in the Operation Alliance Task Force (OATF) through the California Boarder Alliance Group, Southwest Border High Intensity Drug Trafficking Area (HIDTA); 2) authorizing the acceptance a HIDTA grant in the amount of $148,000, 3) establishment of appropriation and corresponding revenue budget. This multi -year agreement shall remain in effect from year to year as long as each agency continues to participate in a CBAG HIDTA Initiative and the HIDTA fund remains available. The funding will pay partially for two (2) National City Police Officers salary, 4 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 5 benefits, overtime, and vehicle allowance in the amount of $148,000. (Police) 11. Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with Michael Baker International, Inc. for a not -to -exceed amount of $900,000 to provide on -call project support services for National City's Capital Improvement Program (CIP), including, but not limited to, civil engineering, construction management and inspection services. (Engineering/Public Works) 12. Resolution of the City Council of the City of National City authorizing the City Manager to execute a bank -depositor agreement, facsimile signature agreement, and contract for deposit of moneys with Citizens Business Bank to establish a trust account with AdminSure, Inc as the third party administrator for the City's Workers' Compensation Claims. (Finance) 13. Resolution of the City Council of the City of National City awarding and authorizing the Mayor to execute agreements for Towing and Impound Services with the top two -ranked providers: A to Z Enterprises, Inc., DBA Road One Towing and Alexandra Investments, Inc., DBA Angelos Towing and Recovery with a term of October 1, 2016 September 30, 2018. (Police) 14. Resolution of the City Council of the City of National City adopting an amended Conflict of Interest Code which incorporates by reference the Fair Political Practices Commission's Standard Model Conflict of Interest Code, and rescinding Resolution No. 2012-192. (City Attorney) 15. Resolution of the City Council of the City of National City consenting to the inclusion of properties with the territory of the City of National City in the CSCDA Open Pace Programs; authorizing the California Statewide Communities Development Authority to accept applications from property owners, conduct contractual assessment proceedings and levy contractual assessments within the territory of the City of National City; and authorizing related actions (Housing and Economic Development) 16. Resolution of the City Council of the City of National City consenting to the inclusion of properties with the territory of the City of National City in the CMFA Pace Programs; authorizing the California Statewide Communities Development Authority to accept applications from property owners, conduct contractual assessment proceedings and levy contractual assessments within the territory of the City of National City; and authorizing related actions (Housing and Economic Development) 17. Resolution of the City Council of the City of National City authorizing an increase to the contract with Kinsman Construction, Inc. in the not to exceed amount of $80,000 for the Police Department Building 5 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 6 Improvements Project, CIP No. 15-06, to complete planter landscaping, irrigation, remaining electrical and building improvements. (Enqineering/Public Works) 18. Warrant Register #4 for the period of 07/20/16 through 07/26/16 in the amount of $1,436,022.14. (Finance) 19. Warrant Register #5 for the period of 07/27/16 through 08/02/16 in the amount of $3,388,476.98. (Finance) 20. Resolution of the City Council of the City of National City to add Chapter 2.62 to the National City Municipal Code pertaining to informal bidding procedures under the Uniform Public Construction Cost Accounting Act (City Attorney) PUBLIC HEARINGS 21. Public Hearing for the approval of the City of National City of the issuance of multifamily housing revenue bonds for the purpose of financing the acquisition and rehabilitation of Granger Apartments in National City. (Housing and Economic Development) ORDINANCES FOR INTRODUCTION 22. Ordinance of the City Council of the City of National City adding Chapter 2.62 to the National City Municipal Code pertaining to informal bidding procedures under the Uniform Public Construction Cost Accounting Act (City Attorney) ORDINANCES FOR ADOPTION NON CONSENT RESOLUTIONS 23. Resolution of the City Council of the City of National City denying a street vacation request for vacation of 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) (Planning) 24. Resolution of the City Council of the City of National City in support of CEQA Project Alternative 4 for the San Diego Port District's Master Plan Amendment and National City Marine Terminal Tank Farm Paving and Street Closures Project. (Planning) 25. Resolution of the City Council of the City of National City, 1) accepting a $12,000 grant from the Greater San Diego City Tennis Council, including maintenance provisions and requirement to host an annual "Family Day"; and 2) authorizing the appropriation of $36,000 in the El Toyon Park Improvements CIP account from Park & Recreation Capital Outlay Fund 6 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 7 fund balance to satisfy the grant's local match requirement. (Engineering/Public Works) 26. Resolution of the City Council of the City of National City adopting amended City Council Policy #118 - City Council attendance at staff -level working groups. (City Manager) 27. Resolution approving, authorizing and directing execution of a joint exercise of powers agreement relating to the California Municipal Finance Authority and approving the issuance of revenue bonds by the authority to finance a 180-unit multifamily affordable housinq facility for the benefit of Granger Housing, LP, and certain other matter relating thereto. (Housing and Economic Development) NEW BUSINESS 28. Report on Marina Gateway Site A & B development proposal by Sycuan Tribal Development Corporation (STDC). (Planning) B. COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY PUBLIC HEARINGS- HOUSING AUTHORITY CONSENT RESOLUTIONS- HOUSING AUTHORITY 29. Resolution of the Community Development Commission -Housing Authority of the City of National City authorizing the Chairman to execute a Subordination Agreement allowing a new mortgage that is not -to -exceed $296,000 to be and remain a lien prior and superior to a home purchase assistance loan on a single -unit property located at 929 East 13TH Street in National City. (Housing & Economic Development) NON CONSENT RESOLUTIONS- HOUSING AUTHORITY NEW BUSINESS- HOUSING AUTHORITY C. REPORTS STAFF REPORTS 30. Fiscal Year 2015 Comprehensive Annual Financial Report (CAFR) and Popular Annual Financial Report (PAFR) awards. (Finance) 31. Update on Proposition 64. (City Attorney) MAYOR AND CITY COUNCIL CLOSED SESSION REPORT 7 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 8 ADJOURNMENT Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City - Tuesday - September 20, 2016 - 6:00 p.m. - Council Chambers - National City, California. 8 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 9 The following page(s) contain the backup material for Agenda Item: September 2016 National Preparedness Month Proclamation 9 of 504 September 2016 National Preparedness Month Proclamation WHEREAS, California residents have experienced the effects of various disasters ranging from severe winter storms to major earthquakes and devastating wildland fires, resulting in damages costing hundreds of millions of dollars; and WHEREAS, the May 2014 San Diego County Wildfires were the largest wildfires in the region since the devastatingfires of 2007; and WHEREAS, Southern California is experiencing prolonged drought and extreme fire conditions similar to 2007, that highlight the importance of disaster preparedness, both at the individual and institutional levels; and WHEREAS, the aftermath of the 2003, 2007, and 2014 firestorms in San Diego demonstrated the need for careful and thorough emergency planning and preparedness among individuals, communities, and agencies locally; and WHEREAS, the loss of life and property damage can be greatly reduced if appropriate emergency preparedness measures are taken before, during, and after a major emergency; NOW THEREFORE, the City Council of the City of National City does hereby proclaim September 2016 as: NATIONAL PREPAREDNESS MONTH BE IT FURTHER PROCLAIMED that the City Council of the City of National City urges all persons to learn what to do before, during, and after major emergencies to mitigate injuries, loss of life, and property damage. PASSED AND ADOPTED by the City Council of the City of National City this 6th day of September 2016. Ron Morrison, Mayor 10 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 11 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) 11 of 504 Item # 09/06/16 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) 12 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 13 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 sign the Agreement between the County of San Diego and the City of National City for payment of NextGen RCS Infrastructure costs with an annual payment in the amount of $ 13 of 504 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 6, 2016 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to sign the Agreement between the County of San Diego and the City of National City for payment of the Next Generation Regional Communication System (NextGen RCS) Infrastructure costs with an annual payment in the amount of $147,379.98 for ten years. (Police and Fire) PREPARED BY: Frank Parra PHONE: 619-336-4551 EXPLANATION: See Staff Report. DEPARTMENT: Fire APPROVED BY: FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. Funds are appropriated in the following accounts: APPROVED: Fire: 001-412-125-470-0000 - $25,572.38; 001-412-125-480-0000 ... $8,100.46 Police: 001-411-000-470-0000 - $86,353.32; 001-411-000-480-0000 - $27,353.82 ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: STAFF RECOMMENDATION: Approve the Resolution. FINAL ADOPTION: I —I BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Staff Report First Amendment to NextGen RCS Agreement Agreement for payment of NextGen RCS Infrastructure costs Resolution 14of5041 MIS STAFF REPORT NEXTGEN RCS Since March 7, 1995, the County of San Diego and certain local governments and agencies entered into an agreement regarding the implementation, governance, and method of funding and costs of a regional radio system to provide communication services to public safety and public service agencies operating in San Diego County and imperial County. The County's Regional Communications System (RCS) has helped sustain communications among the region's public safety and public service agencies for emergency and disaster response communications. The RCS is operated by the County Sheriffs Department with financial contributions from RCS parties. The Next Generation Regional Communications System (NextGen RCS) Agreement was approved by the San Diego County Board of Supervisors on December 3, 2013. This Agreement defines the terms and conditions of participation in the NextGen RCS and provides incentives promoting early commitment to participation. On February 18, 2014, the City signed the NextGen RCS Agreement (Resolution # 2014-20). As stated in Section 14.3 of the NextGen RCS Agreement, the County is authorized to amend Exhibit C of the Agreement to reflect the final system costs in accordance with the cost apportionment method described in Section 11. The First Amendment to the NextGen RCS Agreement was executed by the County on July 12, 2016, to amend Exhibit C (including C-1, C-2, and C-3). The County has awarded a contract for the NextGen RCS to Motorola Solutions Inc. for $70,065,207. Based on the total contract amount, the County has provided final system costs and updated financing information to ail NextGen RCS Parties. The County has agreed to pay the City's proportional Infrastructure costs as part of the NextGen RCS procurement. National City's total cost for the NextGen RCS is $1,270,762.58. in 2014, the estimated cost to join the NextGen RCS was $1,750,444; therefore, the City will realize a savings of $479.681.42. On February 2, 2016, the Board of Supervisors authorized the Clerk of the Board to execute payment agreements with the NextGen RCS Parties on behalf of the County. If executed, beginning on June 1, 2017, and each year thereafter for ten (10) years, the City agrees to pay an annual payment as described in section 11.4 of the NextGen RCS Agreement, of $147,379.98. These annual payments are separate from the monthly operating fees and will continue through June 30, 2026. Although the City will be making payments over a 10 year period, the projected life span of the system is 20 years. Police, Fire, and Engineering/Public Works Departments depend on the NextGen RCS for mobile and portable radio communication. 15 of 504 First Amendment to Agreement Between and Among the County of San Diego and Participating Cities and Jurisdictions Regarding the Next Generation Regional Communication System Providing Communication Services to Public Safety and Public Service Agencies Operating in San Diego County and Imperial County ('NextGen RCS Agreement") RECITALS R1. On December 3, 2013 (6), the Board of Superiors for the County of San Diego authorized the Chief Administrative Officer to execute the NextGen RCS Agreement and this First Amendment which will amend Exhibit C to reflect the finalized system costs and cost apportionment. RZ. The NextGen RCS Agreement was executed on and about December 9, 2D13, by the parties to the NextGen RCS Agreement. R3. The NextGen RCS Parties agreed to the NextGen RCS Shared Backbone Infrastructure cost apportionment set forth in NextGen RCS Agreement section 11.4 and related sections. R4. The NextGen RCS Parties agreed in NextGen RCS Agreement section 14.3 as follows: 14.3 ExhibltC Revisions, Notwithstanding any other provision of this NextGen RCS Agreement: Including but not Ilmited to section 14.1, the NextGen Parties agree that, when final system costs are known, the County Is authorized by the NextGen RCS Pertdes to amend Exhibit C of this NextGen RCS Agreement to reflect the final system costs in accordance with the cost apportionment method ddesrrl"ned in section 11. The NextGen Parties agree that the UM Exhibit C as amended by the County and in accordance with the apportionment method described In section ll lsee, sir particular, section 11.5) shall be the legally -binding Exhibit C to this NextGen RCS Agreement without further approval by the NextGen RCS Parties. The County shaft distribute the amended final Exhibit C to the NextGen RCS Parties. Therefore, the NextGen RCS Agreement is amended es fannies: The at ached Final Exhibit C, including Exhibit C 1, C 2, and C-3 as Issued, replaces the original Exhibit C 1n its entirety. COUNTY OFSAN DIEGO By Ronald J. 3a Deputy Chief Administrative Officer Public = Group, County of San Diego 7 jla{Ifs 16 of 504 Exhibit C RCS NextGen System Cost Na►stG9n Rimed !eifr eteers Cast ..>a $_ rtital NECAcost. $fir,8$5,44V Remainlop.Shored knialieolure data be Nexteen RCS Parma an mongSLea $ ,115,619,T T$4rsartt►arte # Total County of Sun Diego fiextGon Patties Subectibar Radio Count Plistparitildio tar Is wia2mar.sorinigovolixoy *Awl ow `4Th2 NmttGen RCS Agreement- Amendment 1 July 12, 2016 17 of 504 men PCS Agreement -Amendment 1 Exhibit C-1. Cost Apportionment for San 0lerm County Shunt Infrotrucemg Per Peru; Costs are apportioned in two egortea-Jrl ftostructure *adore. Below we the ssttmated Ism Infrastructure apportionment costs per aged Sea Diego County Partyta Ios�tipo,Casrs Radio Ceusrt QoatfarSin bla$e snrremniaire Alpine Fire Promotion DKtrtct a„relea 2GA ] 5wi ys1 Are Protectlon District_ 16 L6. 26A $ $ 18444.97 8orrejc.Spri gs fire Protection District a 2111 �$ 91.6753 City of Carlsbad .. 1.53 $ 9.,912,006.09 City of Q Ld Vista 594 645 $ 2;929,758.1& $ 79022424 Cite of Coronado 1> 67 D 0 all City nfpelMar 97 99 910 $ 420,19114S Oty of EiCeton $ . 1,376,T55.13 $ 3,173,58049 tty of Encinitas 24466 47 451.0 727.5 City of Escondido 752 7� i2i0.$ 1173,58069 yofimperial 9e dt 117 1i9 11.1.0 4 515,10.6, City of is Mesa 211 2 286A $ 1,257,289.49 of Lemon arose City. 95 95 95 95,0 $ 414,704.52 o1 Ni oti tonaal My 214 2�8 285.0 $ 1,248, 478.87 City of Nan 744 740 742.0 $ 323060.95 CITY of Paean �6 299 1,307.Ik1R36 $ CRY of San Marcos 419� 421 5`$ 420.J CkyntSsn4+ee 17.6 178 172.0 ,,p $ 772,651200 City of Selena Beach le 38 52 tia $ 2G�104 $ 1,252.844.18 ofSl i 264 290 0 237.0 County of San Diego 5,933 6461 6047.5 $ 26,399,216.57 eer SprInas Hre Protection District 2i 22 21.5 $ 93,85438 unbind CDmmunlcatlonsFadlktRPA I 12 12 11.0 $ 52,311.73_ iuI mn-Wyemacs Fire Protection District lakeside 29 2>S 5 $ 124, 41136 Fire Protection District 96 93 95.5 $ 416.187.17 $ 91,671,53 Mira Costa Communl4r College District 20 22 2LO Korth Canny Dispatch 1PA 16 18 18.0 $ • 73,57559 North County -Rye Protection District 133 i3 $ 535.933.2E North OsernyTr� 33 333 3.0 $ 144,.21 Re Mho Santa Fe Are Protection District 234 - 121 13itDistrict .5 31J5 $ 9'a424.O1 SanMeloWils� DM $ - Port Matt 297 - 295,0 $ 1,300, 3� .59 �y�. �. 125,5 $ $e2,19L6 plane ofCA Department oFTransportatlot (Cabo*893 �--- --y- 174 Ca9forata, CA 49 $�1A 71. $ • 3,7S7 Mete of ill$fway Pevo�E( Cajon CIP 173 173 _ 1735, 21.5 331,ii4 $ 757,31l1.41 Valley Center F6e Protection Dstrict 25 16 $ • 93.854,16 $ 14445525 Viglas itierrationflre Department Ma View Patties falifOri+taState lAMrersl* San Marcos polka 49 5i� 03 $ 220,441,19 Min:M tin Wad* Weter District 3 9 421 $ 17,46L24 Pabrear Wage 41 4L 41.0 :$ 17s3;937.74 Poway Walled School District ict 24i1 243 241.3 $ 054222.54/ Ramona Water DKpdctFimDepartment 21 21 2lb $ 9 67i.53 $ 74,21018 Ramiro Santa Fe Patrol 17 17 17.0 San Diego Coui ty R gionalllirpoit Atritorily 164- 181 172.5. $ 753,0:6.10 San Diego HumAneSodety 34 344 30 $ 14020,56 San Dec.igState tadvetlty (Pogce & Perking) 132 100 1620 $ 440,846.36 9ehd of Mission bailees"" 7 r 33 32.5.. :14302.37 Sgwan Bend of the Ksarrtyaay nation i3ytuar. Fire Pot Department) 72 72 $ 3311, $ thihressky triCalgomia Sim Diego end Envlronrneiis Health f Safety) IDS ill 140 . 195.0 $ 46E,�903.90 1440 Vista 11nlfled F68ttSthoal District 18$ 204 l95A $ f19;„sno.>7o Tf7iAL 14,729.1. . 2015 . 11,31120 1 omits Ties Diego Rural Fee P1 Mottwo dissolvedonWI&afiuman hove been moved totteCosertyafSon Diego radio count kovi2,2ots 18 of 504 NMGen tits Agreement -Amendment 1 Exhibit C-2 Coe Apporitonmeot far Wexif3en Care (Portion uti tteeS ared.lermstrucaura mot* Cats am apportioned In two oad core. Beim are the r" XesteGen Care or.toortIonmenteasa per agency for Doi% Son Diego County agencies and the groped Vogey lanergency Donmunkotions Au1horfy (YEW. Son Okra County Parties : NEOA Runt Radio Count 9f WAWA • Average Counttale Cost for RCS *Jaen Kara $1,254277 7nieFheProtectior►De to 26 26 25.0 $ 2,025:79 Sunnyskte RrePhotectionnisnict 16. 15 16.0 $ 1, 246:64 DOrnago5ptings fire Reaction District 21 21 . 2 $ 1:1330. City oft r to I 436 440 a38.0 3 34,12391 4ltyof fiutnVate 994 646 67013 $ 52,20332 City OfCerionadts 182. 180 1834 5 /4.102.63: City ofDel :ear 97 95 9119 $ 71.035.59 CEVafE1WI 450 442 454�i' 33,139.70. -CPty Af_ndnites 246 247 24635 $ 19.206,47 `Cilluitrecontikio. 752 702 727.0 $ 56,644.27 $ 9,19358 City oilmperlal't one 117 i19 __ _ _34a.4 .'i"i4f. ef. Ls Bless 291 295 288A 1 22,439.54 t 1Cy'bf Lsin Grove 95 95 95.0 7,40193 $ 22,74.3.71• p kat ittNiffilmatab/ . 294 2E8 226.0 _ CityofOceanside 744 740 742.0 $ 57,811,99 ast of knee: . 296 303 299:5 3 : 230335.57 €ty.oFSan.Marcos . 419 421. .42D.0i:$ 32,'24,34 $ 13.790.97 City of Santee. . 174 171t 177.11' -thy of Seep . .•58 a60.0 $ 4,67491 City t f Vista 2E4 290.. .2E7.01 22-361.63 $ 471,191,47 CourrtsefSai:Dlelo 5,933 . 6,161 60.41.5 Deer Springs Fire.Protrrdont)8trict ` 21 22 215 $ 4E73 7 Heartland Cow Rollity3PA 12 12 129 $ S34.98 Juhan-CJuyarnace. Fire Protection C4strie . 29 28 285 S 2.,220S8 Lakeside FIm.Protect1cn Distrlet. • . 9S . 93 ,. . 955. 5 7.4t0J69 mire tom CommimityCo9cg District 20 22 234) 5 1.636.22 $ 1,402.47 _S. 9.583.56 North Countytch, JPA 19 16 18.4 .Cou :fire.. . DmtrtCL .. 127, 139 123:0 Meth Omit, ;raiuitDistrict . J 33 . 33 33.0. $ 2471,20. Sarnia] Santa Fe Firs Proteelon District • - 114 .121 ] 117.5 5 9,15S 02 a ! OA .$ Sari Diego iinff e0PortDistrict _ 299 297 I 29t1.0' 5 7i.213.69 Ch�at ate�ctitt�e Pro nDiJ,s/,t�rri�c��tt 13.S iiil 12 $--�9J,,r784�4 $ 57,014.C4 /S.aa.��ny:Nitt� CA Sue f A M.� t.611L of?.+E1 n eatItrar , p11�6 893 8, 671 Stete of C1rt'rearnio; rA iggty gy Patrol/Si Non OP 174 173 173.5 5 7 t'+m'7 $ . 3..675.17 belte Ostlerftfe Protection Melee 25. 16 21.5 Viklailitsentetien Fire Depertnient 33 j . 33. 31.0 $ 2,57120 EWA* .. JAM1 . use 2340 . 100045,29 GeiCorrfia.Sete tJniverste $an Niece (Face) 49 52 ...50.:5 .S 3;934.71 Olivaniteln Municipal Water District . . . 3. 5 4.0 5 311.66: mar Wiese 41 41 41.A S 3.194.52 PovortUtified ScheeDistrict 240 ` 243� 241$ $ Lt'Ji816.49 Rent a. Water District Fire Department . 21 21 ' 21.0 5 1,636,22 Rendto Santa Fe Neel .17 17 _ 17.0 $ 1,324.56 sant:Sa a ty:Sege* AitportAutonit' 3.64. 191 172S $ 13,44095_ $ . 1,649,11. San biego Humane Sodery 34.: .34 . .. V4At Sort D egoStile University [Poece& P.arhinJ , 202 10D . .10L0`$ . 7 9Ai2 $ 2 2.24 tSen Plaque Sid ofMi*ton means . 32.. 33 jjj' 325 Sytusn florid of the itumeysay teem (Smart Fire/Police DI 72 . 721 .7211 $ • . 5.609.$9 tins rresle of California San D .(Po:os and Ereiratsrntot F 109 116 [ 3, 5,3 $ .. 9.726.49 Vista Unified Nigh Scheel DIstiict 188 204) . 396.0 $ .1527136 TOTJtL__ .7441 16,E 1 KOSS. $ . 1,154077,0 2 The Son Diego ftvralPre Protection Mitt was dlsoiled on 71113L Alf roans hove been ITIChed aatbe aunty ono* Diego roily tmmrt. *W8C4 wilpoy for nfrostroctore Jar impend Cayrtyond a portion Wthe Hatay taxecrmes, July 1Z, 2Di6 19 of 504 Nextraen RCS Agreement- Amendment 1 Exhlblt Gs3 Celt Apportionment for the Combined Jnfrettructor.ndRCS. N.xtter Core: Costs ore apportioned In two and core. Below roe botb the Combined infrastructure and RCS Cline apportionment costs per ancy. San Diego County Parker 4R RAMA Whit Matson 1 fharadp kehaaLnrrhast + Exhibit C-Z Dotter RCS Malone Cote a: Daodirtl Tidal Coat far Son Diego Stored bdrastneenoeoed Nesttr n R 3 Core (C- 3 t0lj Alpine Ore Protectfor►District $ 113.498.08 $ 2,025.79 $ 118,523.87 $ 71,091.61 $ 93,307.74 $ 1,946,132.90 $ 2,976,557.29 $ 804 223.87 9ordte-Sunnyside Fire Protection District $ 69,844.97 $ 1,245.54 647460,5Prings Fke Protection District $ 91,671.53 $ 1,636.22 CRy of Carlsbad $ 1,912,006.09 $ 34,12621 City of ChulaV+sta $ 2214,758.18 5 5I,303.11 City ofCoronado $ 760,121.24 $ 14,107 43 City of Del Mar $ 427200.45 $ 7,635,68 $ 433435,E 5 =3,89424 $ 1,095,255,16 $ 3,230,225.16 City of El Cajon $ 1,968,755,13 t 35,239.70 City of Encinitas 5 1,076,019.09 $ 19,206,07 City of Esworndldo $ 3,173,580.89 . $ 56,64427 City of Imperial Beach $ $75,1106.66 $ 9,193,98 S 521200,64 $ 1,279549.03 $ 422, 06A5 City of Le Mesa $ 1,257,209.49 _ $ 22,43954 City of Leman Grove $ 414,704.52 $ 7,40193 titre Natknal City $ 1,240,47827 5 22,2E371 $ 1,270,76226 $ 3,296,873,55 $ -c0 746,13 of Oceanside $ 3,239,06055 $ 5721199 Cier of Poway $ 1207,410.56 $ 23,335.57 City of San Alarms $ U33,43050 $ 32,72494 $ 1„066,1.54,64 $ 786,+450.97 $ 266,593,55 $ 1,275,205.61 $ 26,870,408.04 $ 95,529,35 $ 53,918.71. $ 126,63124 $ 424226.06 I. of Santee $ 772,560.00 $ 12,790.97 qty. o€ Solana Beach 5 261218.64 $ 4,674.91 City oriole $ 1,252544.18 $ 22,361.63 County of San Diego 5 _ 26,399,216.57 $ 471,191,47 Deer Springs Fire Protection District $ 93,254.18 $ 475,17 Heartland Communication* Faculty WA $ 52,380.73 $ 934.9.6 Julian-CtpntEca Fire Protection District $ 124,411.36 S 2,22058 Lakeside Fire Protection District $ 416,68717 $ 7,440.89 A ro Costa Community College District $ 93.57L53 1,63622 $ 93207,74 $ 79,978.06 North County Dispatch, PA $ 7857559 ,rt $ 1,4 02.47 North County Fire Protection District $ 536,933.72 $ 9,503.56 $ 546,516,77 North County Transit °atria $ 144,055.25 5 2.57120 $ 146,625 45 Rancho Santa Fe Fire Protection District $ 512,924.01 1 1 $ 9,155.02 5 rJ2,1179.03 SawitiagoikealatiaraslaMes' _ $ $ San Diem Unified Part District $ 29,7 $ San Miguel Cmrnstfldated f",re Protection DistriC4 5 547, 50 _ $ 4.19 ;: 557,624.84 Smote of CA Department of rra rpoe+atne., !Cairene; $ 3,302,18524 $ 07 9S4.04 $ 3,07D,049,69 State of Califon* CA Highway Patrol/Et Cajon CHP $ 757,381.41 $ 13,51627 5 770,899.68 Valley Center Fire Protection District S 93,85412 $ yzF7.517 $ 95,529,35 tjas Reservation Fire 1:m134 /ent r $ 144,055.25 $ 2,5712D I $ 146,616.45 $ 224,182,40 $ 17,77224 $ 182,172.26 $ 1,073,039-03 93,307.74 altfornia State 1k ver itySan %roes (Patine) 5 270 AMU 4 $ 3,93431 Oltvenhaln Municipal Water Dlstfact $ /7,461.24 $ 311,66 Palomar College 5 178,977.74' $ 3,2$4,52: Poway Unified School District $ 1,054,22254, $ 18,816.49 Ramrata Water District Fire Department $ 91271.59 1,535.22 , Rancho yenta Fe Patrol $ 74,210.28 $ 122456 $ 75 5 4,$ San DiegoCamyRq}onalAarportAuthoity $ 7S3,116.10 F $ 13.44035 S 766,456.45 $ 151,069.66 $ 448,7E521 $ 144,,40434 $ 319,91.2,26 San Mega Humane Sudety $ 146, .20.55 $ 1349.11 San Diego State University (Poke A Patting_ $ 440296.38 $ 7,869.42 San Pasqua' Band of Mission Indians $ 141,872.60 $ 7.92 2+ 9ycuan Band tithe Kreneyeay Nation Wotan Flre/Paltoe Department) $ 314,302.37 r $ $,60969 university of Wfornia San Diego (Pose and Frntronrmeart Flea & Safetij 'Vista $ 438,91420 5 8,726.49 $ 497,64/ 29 Jnified1%h School District $ 855,600.90 $ 15,27136 $ 070,872.26 l TOTALS $ 54,528,2J 95 $ 1,251,740.77 _ $ 65,673,783.82 1$ {i 4:=I }$ ,53s.25' , j$ 4.3115•4101; 11CRatSY$mi4 mar L i I Fs 70,015,2o,.n ' The $in Diego Rung Fire Proaetttoos Dtintt was :Waived MI 7/1/1fc tales Arne been moved to the Comity of San Diego rod rood. Fitly 12, 2016 20 of 504 AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO AND THE CITY OF NATIONAL CRY FOR PAYMENT OF NEXTGEN RCS INFRASTRUCTURE COSTS This Agreement ("Agreement") is entered into this day of , 2016, (to be filled in by County Clerk of the Board) between the County of San Diego, a political subdivision of the State of California ("County"), and the City of National City ("City"). City and County shall be collectively referred to as the "Parties". RECITALS R.1 County and City have entered an Agreement Between and Among the County of San Diego and Participating Cities and Jurisdictions Regarding the Next Generation Regional Communication System Providing Communication Services to Public Safety and Public Service Agencies Operating in San Diego County and imperial County ("NextGen RCS Agreement"). R.2 Under Section 11.8 of the NextGen RCS Agreement, participating agencies pay a monthly operating fee based on the number of radios that they operate within the Next Generation Regional Communications System (NextGen RCS). R.3 Pursuant to the NextGen RCS Agreement, the County agrees to purchase a NextGen RCS and the Parties agree to share Backbone Infrastructure costs. The NextGen Agreement contemplates additional, separate agreements related to payments and possible financing. R.4 On February 2, 2016 (Item No. 5), the Board of Supervisors authorized the Clerk of the Board to execute payment agreements with the Next Generation Regional Communications System Parties on behalf of the County. Therefore, the parties agree as follows: AGREEMENT 1. Obligations of the Parties 1.1 County. County agrees to pay City's proportional infrastructure costs as part of the NextGen procurement. 1.2 City, Beginning June 1, 2017, and each year thereafter for ten (10) years, City agrees that the City will pay an annual payment as described in section 11.4 of the NextGen RCS agreement, of $147,379,98. The annual payment of $147,379.98 is determined by the amortization schedule which is attached as Exhibit A. These annual payments will continue through June 30, 2026. Failure by the City to pay any portion of the annual fee will be a breach of section 11.4 of the NextGen RCS Agreement. These annual payments are separate and apart from the monthly operating fee referenced in R.2 of this agreement and 11,8 of the Ne+ctGen Agreement. 21 of 504 1.3 Early Payoff. During the term of this agreement, within 30 days of making the annual payment, the Agency will be permitted to retire their entire debt by paying it in full. Exhibit A, the amortization schedule, provides the amount to be paid in full for the term of the agreement. 2. No Third Party Beneficiaries. This Agreement is not intended to, and shall not be construed to, confer a benefit or create any right on any third party, or the power or right to bring an action to enforce any of its terms. 3. Amendments. This Agreement may be amended only by written instrument duly signed and executed by authorized representatives of the County and City. 4. Waiver. The waiver by either Party or any of its officers, agents or employees, or the failure of either Party or its officers, agents or employees to take action with respect to any right conferred by, or any breach of any obligation or responsibility of this Agreement, will not be deemed to be a waiver of such obligation or responsibility, or subsequent breach of same, or of anyterms, covenants or conditions of this Agreement, unless such waiver is expressly set forth in writing in a document signed and executed by the appropriate authority of the County or of the City. 5. Authorised Representatives. The persons executing this Agreement on behalf of the Parties hereto affirmatively represent that each has the requisite legal authority to enter into this Agreement on behalf of its respective Party and to bind its respective Party to the terms and conditions of this Agreement. The person executing this Agreement on behalf of its respective Party understands that all Parties are relying on these representations in entering into this Agreement. 6. Successors in interest. The terms of this Agreement will be binding on all successors in interest of each Party. 7. Severabiiitt. The provisions of this Agreement are severable, and the adjudicated invalidity of any provision or portion of this Agreement shall not in and of pelf affect the validity of any other provision or portion of this Agreement, and the remaining provisions of the Agreement shall remain In full force and effect, except to the extent that the invalidity of the severed provisions would result in a failure of consideration or would materially adversely affect any Party's benefit of its bargain. If a court of competent jurisdiction were to determine that a provision of this Agreement is invalid or unenforceable and results in a failure of•consideration or materially adversely affects any Party's benefit of its bargain, then the Parties agree to promptly use good faith efforts to amend this Agreernerrt to reflect the original intent of the Parties. Except for this obligation to discuss amending this Agreement, no Party is obligated to agree to a new agreement or any amendment hereto. S. Termination. This Agreement will be terminated once the Agency has made the final payment required under section 1.2. 22 of 504 9. Term of Agreement. The term of this Agreement is from the first business day following the date on which the last Party executes the Agreement through June 30, 2026, subject to Paragraph 8 above. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year above set forth. This Agreement shall be effective as of the first business day following the date on which the last Party executes it. CITY OF NATIONAL. CITY COUNTY OF SAN DIEGO By Date By Date David C. Hall, Clerk of the Board For San Diego County Boa rd of Supervisors APPROVED AS TO FORM AND LEGALITY FOR COUNTY OF SAN DIEGO By: Mark Day, Senior Deputy 23 of 504 City of National City Exhibit A - Amortization Schedule Annual. interest Rate . 2,79% 'Years 10 Payments Per Year 1 Amount $ 1,270,762.58 Payment Number Payment Principal interest 'Balance $1,158,836.88_ 1 ($147,379.981. ($111,925.70) 035,454.28) 2, ($147,379.98) ($115,048.43) ($32,33L55, $1,043,788.45 3 ($147,379.98) ($118,2.58.28) 029,121.70) $925,530.17 4 ($147,379.98), ($121,557.69) ($25,822.29) $803,972.48 5 ($147,379.98) ($124,949.15) ($22,430.83) $679,023.34, 6 ($147,379.98) ($128,435.23), ($18,944.75) $550,588.11 7 ($147,379.98k, ($132,018.57) ($15,351.41) , $418,569.54 ' 8 ($147,379.98) ($135,701.89) ($11,678.09) $282,867.65 g ($147,379.98), ($139,487.97) ($7,892,01) $143,379.68 10 ($147,379.98)_ ($143,379.68) ($4,000.29) $0.00 24 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 25 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the Chief of Police to enter into an amendment to extend the current Memorandum of Agreement with the County of San Diego (San Diego Sheriffs Department and Probation Department) and 25 of 504 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 6, 2016 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Chief of Police to enter into an amendment to extend the current Memorandum of Agreement with the County of San Diego (San Diego Sheriffs Department and Probation Department) and municipal law enforcement agencies throughout the County, for program support of the Regional Realignment Response Group (R3). Request City Council establish an appropriation to receive $45,000. The Police Department will be reimbursed for costs incurred in the amount not to exceed $45,000. PREPARED BY: Manuel Rodriguez, Chief of Police PHONE: Ext.4511 EXPLANATION: Refer to Attachment. FINANCIAL STATEMENT: ACCOUNT NO. 290-11646-3463 (Revenue) 290-411-646-* ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: DEPARTMENT: Polic APPROVED BY: APPROVED: APPROVED: .?el„6-7 Finance MIS STAFF RECOMMENDATION: Approve Resolution. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Amendment No. 1 (R3 MOA) Amendment No. 2 (R3 Exhibit A) 26 of 504 AGREEMENT FOR THE 2016 REGIONAL REALIGNMENT RESPONSE (R3) 1. PARTIES TO THE AGREEMENT This Agreement is between the COUNTY OF SAN DIEGO ("COUNTY"), the CITY OF CARLSBAD, the CITY OF CHULA VISTA, the CITY OF CORONADO, the CITY OF EL CAJON, the CITY OF ESCONDIDO, the CITY OF LA MESA, the CITY OF NATIONAL CITY, the CITY OF OCEANSIDE, the CITY OF SAN DIEGO ("CITIES"), collectively the "PARTIES", for program support of the Regional Realignment Response Group ("R3"). 1.1 Party Departments or Agencies Participating in the Agreement For the COUNTY, participating agencies are the Sheriffs Department ("SHERIFF") and the Probation Department ("PROBATION"). For the CITIES, participating agencies are their respective police department. 2. RECITALS 2.1 COUNTY through SHERIFF received funds from the State of California Local Revenue Fund 2011, Community Corrections Subaccount to continue the Regional Realignment Response Group (R3) program. 2.2 Funds shall be used to support the R3 program and its primary goal of public safety by developing and implementing a targeted, proactive, intelligence -based approach to control and counteract the risks associated with realigned offenders (which include those sentenced pursuant to California Penal Codes 1170(h)(5)(A) PC and 1170(h)(5)(B) PC and Post Release Community Supervision Offenders) released into San Diego County. 2.3 Government Code §55632 authorizes COUNTY through SHERIFF and PARTIES, to contract with SHERIFF for provision of joint law enforcement services. 2.4 PARTIES desire to enter into an agreement with provisions concerning the nature and extent of R3 collaboration, services rendered, and compensation. 2.5 COUNTY, by action of the Board of Supervisors on June 28, 2016 (3), approved and authorized the SHERIFF to execute expenditure contracts to use 2016 R3 funds to reimburse all PARTIES for overtime expenses incurred in R3 activities not to exceed the amounts described in Exhibit A - Agency Allocations, during the project period July 1, 2016 to December 31, 2017. 2.6 PARTIES agree to maintain documentation supporting all expenditures reimbursed from R3 funds. NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, PARTIES jointly intend that COUNTY through SHERIFF will reimburse, and PARTIES will provide, a level of R3 services, as set forth in this Agreement. 1 27 of 504 3. PURPOSE AND INTENT The purpose of this Agreement is to satisfy the R3's goal of ensuring public safety in the post AB 109 environment. 4. SCOPE OF SERVICES 4.1 Method of Service Delivery SHERIFF will maintain the R3 funding and will be administratively responsible for reimbursement of PARTIES' obligations under this Agreement. 4.2 Overview of Basic Services PARTIES will provide R3 activities ("Activities") in their designated areas of jurisdiction and/or in coordination with other R3 partner agencies in order to counteract the risks associated with realigned offenders released into San Diego County. 4.2.1 Framework of Operations A Regional Realignment Response Group (R3 Group) is formed to oversee R3 Operations and Activities. The Membership of the Group will consist of the Designated Coordinators of each PARTY, as outlined in Section 6.2.3. The R3 Group will meet every 6 months to discuss and plan R3 Operations and Activities. 4.2.2 Regional Sub -Groups Regional Sub -Groups are created for the Northern, Central, and Southern areas of the County. The Regional Sub -Groups are responsible for the planning and coordination of allied or regional operations involving two or more PARTIES. Membership of the Regional Sub -Groups is as follows: NORTHERN: A Police Lieutenant from the cities of Escondido, Carlsbad, Oceanside, a Lieutenant from SHERIFF, and a Supervising Probation Officer from PROBATION. CENTRAL: A Police Lieutenant from the cities of San Diego, El Cajon, La Mesa, a Lieutenant from SHERIFF, and a Supervising Probation Officer from PROBATION. SOUTHERN: A Police Lieutenant from the cities of San Diego, National City, Chula Vista, a Lieutenant from SHERIFF, a Commander from the City of Coronado, and a Supervising Probation Officer from PROBATION. 5. TERM OF AGREEMENT 5.1 Initial Term The term of this Agreement shall be July 1, 2016 and shall continue in effect through and terminate at midnight on December 31, 2017 subject to the termination provision in sections 5.2 and 5.3 below. /// 2 L 28 of 504 5.2 Option to Extend COUNTY shall have the option to renew this Agreement for successive one year increments beyond December 31, 2017. Renewal or extension of the Agreement beyond December 31, 2017 shall be subject to available funding. 5.3 Termination Subject to the applicable provisions of state law, each PARTY may terminate its participation in this Agreement upon ninety -day (90) minimum written notice to the other PARTIES. 6. STANDARDS OF SERVICE: OBLIGATIONS OF THE PARTIES 6.1 Anticipated Outcome The anticipated outcome of the R3 Activities, provided by PARTIES under this Agreement, is increased law enforcement presence in each respective PARTY's designated area of jurisdiction in order to counteract the risks associated with realigned offenders released into San Diego County. The anticipated outcome will be reached by achieving the goals and accomplishing the missions set forth below by the PARTIES. 6.1.1 PARTIES will provide enhanced enforcement by increasing patrol presence in areas where realigned offenders reside, jurisdictions where they are released, and areas they are known to frequent. This patrol presence will include 4th waiver searches, probation compliance checks, directed patrol, and coordinated multi -agency sweeps. In addition, PARTIES will utilize their unique investigatory areas of expertise in operations. 6.1.2 Increase intelligence/information sharing among PARTIES, including but not limited to the following activities: (a) Utilize Criminal Intelligence Analysts, dedicated to the R3 program, located at the San Diego Law Enforcement Coordination Center (SD-LECC). The SD- LECC will serve as the centralized clearinghouse for information and documentation of realigned offender post -release packets. (b) Conduct meetings every 6 months with a minimum of one representative from each PARTY. (c) Increase information sharing during operations. 6.1.3 Prior to R3 "Activities", or Operations, an Operations Plan must be approved by the Regional Realignment Response Group. The Operations Plan is to be submitted by the Operations Coordinator via email to R3G@sdsheriff.org at least 72 hours prior to the operation. 6.1.4 At the conclusion of each shift (Operation) funded by Regional Realignment Response (R3), law enforcement officers in each agency will complete a Daily Activity Report (DAR). The DAR will be submitted to the agency's designated Operation's Coordinator. 3 29 of 504 6.1.5 At the conclusion of each shift (Operation) funded by R3, the Operation Coordinator will email the following to R3G@sdsheriff.org: (a) An OVERALL Operation Statistics Form (b) All Daily Activity Report (DAR) Forms (from Deputies/Officers) (c) A complete Operation Roster (includes all personnel assigned to operation with sign in and sign out times) 6.2 Personnel Qualifications and Assignment 6.2.1 Qualifications Each PARTY shall ensure that personnel it assigns to perform activities pursuant to this Agreement meet the minimum qualification for their specific classification. 6.2.2 Management, Direction and Supervision; Independent Contractors The hiring, firing, management, direction, and supervision of each PARTY's personnel, the standards of performance, the discipline of each PARTY'S personnel, and all other matters incident to the performance of such services, shall be performed by and be the responsibility of each PARTY in each PARTY's sole but reasonable judgment and in accord with the provisions of applicable labor agreements. Each PARTY shall be the appointing authority for all its personnel provided to R3 by this AGREEMENT. PARTIES shall have no liability for any direct payment of salary, wages, indemnity, or other compensation or benefit to any other PARTY's personnel. Each PARTY and its respective officers, agents, and employees are independent contractors and are not officers, agents and employees of any other PARTY. Each PARTY's personnel are under the direct and exclusive supervision of that PARTY, and each PARTY assumes full responsibility for the performance of its own personnel in connection with this Agreement. No PARTY has the authority to bind any other PARTY. 6.2.3 Designated Coordinators SHERIFF shall select and designate a coordinator who shall manage and direct the R3. Each other PARTY shall select and designate a coordinator under this Agreement. The designated coordinators for each PARTY shall represent their agency on the R3 Group outlined in Section 4.2.2, perform the activities outlined in Section 6.1.5 and implement, as needed, appropriate procedures governing the performance of all requirements under this Agreement and shall be responsible for meeting and conferring in good faith in order to address any disputes which may arise concerning implementation of this Agreement. 6.2.4 Staffing for Basic Services PARTIES shall ensure that adequate numbers of their qualified respective personnel are provided to R3 Activities at all times during the term of this Agreement to meet the Basic Services, Scope of Services, and Standards of Service commitments set forth herein. 4 30 of 504 6.2.5 Equipment and Supplies Each PARTY will supply its own personnel with all supplies and/or prescribed safety gear, body armor, and/or standard issue equipment necessary to perform R3 Activities under this agreement. 7. COST OF SERVICES/CONSIDERATION 7.1 General As full consideration for the satisfactory performance and completion by PARTIES of Activities set forth in this Agreement, COUNTY through SHERIFF shall reimburse PARTIES for personnel assigned to perform R3 Activities on the basis of claims and submittals as set forth hereunder not to exceed the amounts specified in Exhibit A -Agency Allocations. Such payments by COUNTY through SHERIFF are dependent on the continued availability of funds from the County Local Revenue Fund 2011, Community Corrections Subaccount. 7.2 Personnel Costs/Rate of Compensation During the term of this Agreement, COUNTY through SHERIFF shall reimburse PARTIES for overtime worked by personnel assigned to perform R3 Activities based upon the actual costs incurred by PARTIES to provide Activities under this Agreement, not to exceed the amounts specified in Exhibit A —Agency Allocations. 7.3 Method of Payment PARTIES shall submit correct and complete reimbursement forms, labor reports, and timesheets, as documentation that represents amounts due under this Agreement to SHERIFF no later than the final business day of the subsequent month from the month being claimed. All requests for reimbursement shall be sent to: San Diego County Sheriff s Depaitinent Grants Unit (R3G) P. O. Box 939062 San Diego, CA 92193-9062 7.3.1 Reimbursement forms, labor reports and timesheets must have the signature of PARTY's designated coordinator or his or her designee, certifying that the invoice, labor reports and timesheets are true and correct. 7.3.2 PARTIES shall provide payroll records for every person whose costs are reimbursable under this Agreement, to include, at a minimum, the person's name, classification, duty position, task, regular hourly rate, overtime -hourly rate, overtime hours worked, date overtime worked, and fringe benefit rate and cost. PARTIES shall make available to SHERIFF for inspection, upon request, all payroll records and any other records that relate to the Basic Services provided under this Agreement. 7.3.3 Within sixty (60) business days upon receipt of valid invoice and complete documentation, SHERIFF will reimburse PARTIES for the Basic Services agreed to. 5 31 of 504 7.3.4 Each PARTY is responsible for tracking the claims submitted by their agency to ensure the total claims do not exceed the Agency allocations provided in Exhibit A. 8. INDEMNIFICATION - WORKERS COMPENSATION, EMPLOYMENT 8.1 The COUNTY shall fully indemnify and hold harmless non -County PARTIES and their respective officers, employees and agents, from any claims, losses, fines, expenses (including attorneys' fees and court costs and/or arbitration costs), costs, damages or liabilities arising from or related to (1) any workers' compensation claim or demand or other workers' compensation proceeding arising from or related to, or claimed to arise from or relate to, employment which is brought by an employee of the COUNTY or any contract labor provider retained by the COUNTY, or (2) any claim, demand, suit, or other proceeding arising from or related to, or claimed to arise from or relate to, the status of employment (including without limitation, compensation, demotion, promotion, discipline, termination, hiring, work assignment, transfer, disability, leave or other such matters) which is brought by an employee of the COUNTY or any contract labor provider retained by the COUNTY. 8.2 Each non -County PARTY shall fully indemnify and hold harmless the COUNTY, its officers, employees, and agents, from any claims, losses, fines, expenses (including attorneys' fees and court costs or arbitration costs), costs, damages or liabilities arising from or related to (1) any workers' compensation claim or demand or other workers' compensation proceeding arising from or related to, or claimed to arise from or relate to, employment which is brought by an employee of that respective agency or any contract labor provider retained by that respective agency, or (2) any claim, demand, suit, or other proceeding arising from or related to, or claimed to arise from or relate to, the status of employment (including without limitation, compensation, demotion, promotion, discipline, termination, hiring, work assignment, transfer, disability, leave or other such matters) which is brought by an employee of that respective agency or any contract labor provider retained by that respective agency. 8.3 Each non -County PARTY shall fully indemnify and hold harmless the other non - County PARTIES, its officers, employees, and agents, from any claims, losses, fines, expenses (including attorneys' fees and court costs or arbitration costs), costs, damages or liabilities arising from or related to (1) any workers' compensation claim or demand or other workers' compensation proceeding arising from or related to, or claimed to arise from or relate to, employment which is brought by an employee of that respective agency or any contract labor provider retained by non -County party, or (2) any claim, demand, suit, or other proceeding arising from or related to, or claimed to arise from or relate to, the status of employment (including without limitation, compensation, demotion, promotion, discipline, termination, hiring, work assignment, transfer, disability, leave or other such matters) which is brought by an employee of that respective law enforcement agency or any contract labor provider retained by the law enforcement agency. 9. INDEMNIFICATION RELATED TO ACTS OR OMISSIONS; NEGLIGENCE /// 6 32 of 504 9.1 Claims Arising From Sole Acts or Omissions of a PARTY Each PARTY to this Agreement hereby agrees to defend and indemnify the other PARTIES to this Agreement, their agents, officers and employees, from any claim, action or proceeding against the other PARTIES, arising solely out of its own acts or omissions in the performance of this Agreement. At each PARTY's sole discretion, each PARTY may participate at its own expense in the defense of any claim, action or proceeding, but such participation shall not relieve any PARTY of any obligation imposed by this Agreement. PARTIES shall notify each other promptly of any claim, action or proceeding and cooperate fully in the defense. 9.2 Claims Arising From Concurrent Acts or Omissions The PARTIES hereby agree to defend themselves from any claim, action or proceeding arising out of the concurrent acts or omissions of the PARTIES. In such cases, PARTIES agree to retain their own legal counsel, bear their own defense costs, and waive their right to seek reimbursement of such costs, except as provided in paragraph 9.4 below. 9.3 Joint Defense Notwithstanding paragraph 9.2 above, in cases where PARTIES agree in writing to a joint defense, PARTIES may appoint joint defense counsel to defend the claim, action or proceeding arising out of the concurrent acts or omissions of PARTIES. Joint defense counsel shall be selected by mutual agreement of PARTIES. PARTIES agree to share the costs of such joint defense and any agreed settlement in equal amounts, except as provided in section 9.4 below. PARTIES further agree that no PARTY may bind the others to a settlement agreement without the written consent of the others. 9.4 Reimbursement and/or Reallocation Where a trial verdict or arbitration award allocates or determines the comparative fault of the parties, PARTIES may seek reimbursement and/or reallocation of defense costs, settlement payments, judgments and awards, consistent with such comparative fault. 10. GENERAL PROVISIONS 10.1 Notices Any notice, request, demand or other communication required or permitted hereunder shall be in writing and may be personally delivered or given as of the date of mailing by depositing such notice in the United States mail, first-class postage prepaid and addressed as follows or, to such other place as each party may designate by subsequent written notice to each other: To COUNTY and SHERIFF: Sheriff San Diego County Sheriff s Department P. O. Box 939062 San Diego, CA 92193 Chief Probation Officer Probation Department 9444 Balboa Avenue, Ste. 500 San Diego, CA 92123 7 33 of 504 To Non -County PARTIES: Chief of Police Chief of Police Carlsbad Police Department Chula Vista Police Department 2560 Orion Way 315 Fourth Avenue Carlsbad, CA 92010 Chula Vista, CA 91910 Chief of Police Chief of Police Coronado Police Department El Cajon Police Department 700 Orange Avenue 100 Civic Center Way Coronado, CA 92118 El Cajon, CA 92020 Chief of Police Chief of Police Escondido Police Department La Mesa Police Department 1163 North Centre City Parkway 8085 University Ave Escondido, CA 92026 La Mesa, CA 91942 Chief of Police Chief of Police National City Department Oceanside Police Department 1200 National City Blvd 3855 Mission Ave National City, CA 91950 Oceanside, CA 92058 Chief of Police San Diego Police Department 1401 Broadway San Diego, CA 92101 A notice shall be effective on the date of personal delivery if personally delivered before 5:00p.m. on a business day or otherwise on the first business day following personal delivery; or two (2) business days following the date the notice is postmarked, if mailed; or on the first business day following delivery to the applicable overnight courier, if sent by overnight courier for next business day delivery and otherwise when actually received. 10.2 Amendment This Agreement may be modified or amended only by a written document signed by the COUNTY through SHERIFF and the affected PARTY or PARTIES, and no oral understanding or agreement shall be binding on any PARTY or PARTIES. 10.3 Entire Agreement This Agreement constitutes the complete and exclusive statement of agreement between the COUNTY and Non -County PARTIES with respect to the subject matter hereto. As such, all prior written and oral understandings are superseded in total by this Agreement. 10.4 Construction This Agreement will be deemed to have been made and shall be construed, interpreted, governed, and enforced pursuant to and in accordance with the laws of the State of 8 34 of 504 California. The headings and captions used in this Agreement are for convenience and ease of reference only and shall not be used to construe, interpret, expand, or limit the terms of the Agreement and shall not be construed against any one party. 10.5 Waiver A waiver by COUNTY or Non -County PARTIES of a breach of any of the covenants to be performed by COUNTY or Non -County PARTIES shall not be construed as a waiver of any succeeding breach of the same or other covenants, agreements, restrictions, or conditions of this Agreement. In addition, the failure of any party to insist upon strict compliance with any provision of this Agreement shall not be considered a waiver of any right to do so, whether for that breach or any subsequent breach. The acceptance by COUNTY or Non -County PARTIES of either performance or payment shall not be considered a waiver of PARTY's preceding breach of this Agreement. 10.6 Authority to Enter Agreement COUNTY and Non -County PARTIES have all requisite power and authority to conduct their respective business and to execute, deliver, and perform the Agreement. Each PARTY warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. 10.7 Cooperation COUNTY through SHERIFF and Non -County PARTIES will cooperate in good faith to implement this Agreement. 10.8 Counterparts This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. 10.9 Severability This Agreement is subject to all applicable laws and regulations. If any provision of this Agreement is found by any Court or other legal authority, or is agreed upon by the PARTIES, to be in conflict with any law or regulation, then the conflicting provision shall be considered null and void. If the effect of nullifying any conflicting provision is such that a material benefit of this Agreement to any PARTY is lost, then the Agreement may be terminated at the option of the affected PARTY, with the notice as required in this Agreement. In all other cases, the remainder of this Agreement shall be severable and shall continue in full force and effect. 10.10 Representation PARTIES' Chief, or their respective designee, shall represent PARTIES in all discussions pertaining to this Agreement. SHERIFF, or his or her designee, shall represent SHERIFF in all discussions pertaining to this Agreement. c) 35 of 504 10.11 Dispute Resolution Concerning Services and Payment In the event of any dispute concerning services and payment arising from this Agreement, the SHERIFF, or his or her designee, and PARTIES' Chief of Police, or his or her respective designee, will meet and confer within 10 (ten) business days after receiving notice of the dispute to resolve the dispute. 10.12 Termination of Funding In the event that funding for reimbursement of costs related to R3 Activities is terminated, this Agreement in its entirety shall be considered null and void and COUNTY through SHERIFF and PARTIES shall no longer be required to provide R3 Activities as described herein. In such event, the COUNTY through SHERIFF and PARTIES shall meet immediately, and if agreed upon by the COUNTY through SHERIFF and PARTIES, mutually develop and implement within a reasonable time frame, a transition plan for the provision of R3 Activities through alternate means. 10.13 Obligation This Agreement shall be binding upon the successors of the PARTIES. 10.14 California Law This Agreement is executed and delivered within the State of California and the rights and obligations of the PARTIES hereto shall be construed and enforced in accordance with, and governed by the laws of the State of California. IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement on this day of , 2016. COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO SHERIFF'S DEPARTMENT PROBATION DEPARTMENT William D. Gore Sheriff CARLSBAD POLICE DEPARTMENT Neil Gallucci Chief /// Adolfo Gonzales Chief CHULA VISTA POLICE DEPARTMENT David Bejarano Chief 10 36 of 504 CORONADO POLICE DEPARTMENT Jon Froomin Chief ESCONDIDO POLICE DEPARTMENT Craig Carter Chief NATIONAL CITY POLICE DEPARTMENT Manuel Rodriguez Chief SAN DIEGO POLICE DEPARTMENT Shelley Zimmerman Chief Approved as to form and legality: Mark Day Senior Deputy CITY OF EL CAJON Douglas Williford City Manager LA MESA POLICE DEPARMENT Walt Vasquez Chief OCEANSIDE POLICE DEPARTMENT Frank McCoy Chief CITY OF SAN DIEGO Mayor Kevin Faulconer or Designee Approved as to form: JAN GOLDSMITH, CITY ATTY., CITY OF SAN DIEGO Linda L. Peter Deputy City Attorney 11 37 of 504 CALIFORNIA NATIONAL CITY 17.331 INCORPORATED NATIONAL CITY POLICE DEPARTMENT MEMORAND UM DATE: July 18, 2016 TO: Leslie Deese, City Manager FROM: Manuel Rodriguez, Chief of Police SUBJECT: Resolution of the City Council of the City of National City authorizing the Chief of Police to enter into an amendment to extend the current Memorandum of Agreement with the County of San Diego (San Diego Sheriff's Department and Probation Department) and municipal law enforcement agencies throughout the County, for program support of the Regional Realignment Response Group (R3) SUMMARY It is recommended the City Council approve the Resolution of the City Council of the City of National City) to allow the Chief of Police to enter into an amendment to extend the current Memorandum of Agreement with the County of San Diego and municipal law enforcement agencies for program support of the Regional Realignment Group (R3). BACKGROUND The City Council of the City of National City passed and adopted the original Memorandum of Agreement on January 21, 2014 (Resolution No. 2014-03) authorizing the Chief of Police to enter into a Memorandum of Agreement with the County of San Diego (San Diego Sheriffs Department and Probation Department) and municipal law enforcement agencies throughout the County for program support of the Regional Realignment Response Group (R3). The National City Police Department received grant funds in the amount of $31,539 from the Community Corrections Partnership (R3) to support R3 and its primary goal of public safety, and establishing a fiscal year 2014 appropriation. This amendment allows the extension of the current Memorandum of Agreement through December 31, 2017 with the County of San Diego (San Diego Sheriff's Department and Probation Department) for the Regional Realignment (AB109) Group. As part of this agreement, the National City Police Department will continue to receive grant funding in the amount of $45,000. The funds shall be used to support R3 and its primary goal of public safety by developing and 1200 National City Boulevard National City, CA 91950 (619) 336-4. 38 of 504 9) 336-4525 • INCORPORATED INCORPORATED implementing targeted, proactive, intelligence -based approach to control and counteract the risks associated with realigned offenders and Post Release Community Supervision Offenders, released into San Diego County. IMPACT None. 1200 National City Boulevard National City, CA 91950 (619) 336-4. 39 of 504 9) 336-4525 EXHIBIT A FY 2016 Regional Realignment Response Group ALLOCATION SUMMARY AGENCY NAME 2016 Total Allocation San Diego County Sheriffs Department 327,721 San Diego County Probation 85,410 Carlsbad Police Department 21,768 Chula Vista Police Department 81,378 Coronado Police Department 20,000 El Cajon Police Department 36,484 Escondido Police Department 140,000 La Mesa Police Department 43,995 National City Police Department 45,000 Oceanside Police Department 47,569 San Diego Police Department 150,675 Grand Total San Diego County Region $ 1,000,000 40 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 41 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City approving adjustments to the compensation plan for the Confidential employee group; and approving the salary schedule for the Confidential employee group for fiscal year 2017 in compliance with t 41 of 504 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 6, 2016 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City approving adjustments to the compensation plan for the Confidential employee group; and approving the salary schedule for the Confidential employee group for fiscal year 2017 in compliance with the requirements of the California Public Employees' Retirement System (Ca1PERS), including a 2% salary adjustment for all Confidential employee group classifications. PREPARED BY: Stacey Stevenson DEPARTMENT: Human Resources PHONE: 336-4308 APPROVED BY: EXPLANATION: This item was agendized for the August 2, 2016 meeting of the City Council. At said meeting, the City Council directed staff to revisit the compensation adjustments proposed for the Confidential employee group. Having met with the City Council in Closed Session on August 16, 2016, this matter is again placed on the Council agenda for consideration. The item is revised to increase the proposed market rate adjustment in year two by one percent (1%); from the proposed three percent (3%) to four percent (4%). All other terms are the same. The complete summary of terms is attached. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: `T/�%a4l Finance APPROVED: MIS Approximate financial impact by Fiscal Year: $17,775 (2017); $37,079 (2018); and, $54,114 (2019). 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 compensation plan for the Confidential employee group and adopting the fiscal year 2017 Confidential employee group salary schedule. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: August 18, 2016 Summary of Compensation Adjustments August 2, 2016 Staff Report Confidential Employee Group Salary Schedule, Fiscal Year 2017 Resolution 42 of 504 }- CALIFORNIA +-x- �NCORPOAATED -' Summary of Compensation Adjustments Confidential Group August 18, 2016 Duration Three -years (July 1, 2016 through June 30, 2019) NOTE: Council reserves the right to unilaterally adjust the compensation package at any time during the three year period. Retiree Health Benefit Effective July 1, 2016, Confidential employees who retire after 20 years of service will receive $20/month for each year of pensionable service with the City as the City's contribution towards medical insurance when the employee retires from Ca1PERS simultaneously with separating from the City of National City . This benefit shall continue until the retiree qualifies for Medicare. Life Insurance Effective July 1, 2016, the City provides a Term Life Insurance of $25,000 for each employee. Health and Dental Insurance Effective the first full pay period of July 2016, the City shall provide up to $1,000.00 for medical and dental benefits. Cash -in -lieu will continue to be available to employees providing proof of coverage under a non -City sponsored health plan. The maximum cash -in lieu will be limited to the difference between $658.19 and the cost of the employee's City of National City medical and dental coverage selection. Compensation Three salary increases in the first pay period of each noted month: • July, 2016: 2% COLA • July, 2017: 4% market adjustment for the following classifications o Executive Assistants I thru IV o Payroll Technician • July, 2018: 2% COLA 43 of 504 CALIFORNIA + NATIONAL C'Ilry C' N9ORPORATED City Council Staff Report August 2, 2016 ITEM Staff Report: Resolution of the City Council of the City of National City approving adjustments to the compensation plan for the Confidential employee group; and approving the salary schedule for the Confidential employee group for fiscal year 2017 in compliance with the requirements of the California Public Employees' Retirement System (Ca1PERS), including a 2% salary adjustment for all Confidential employee group classifications. BACKGROUND The City of National City's Confidential employees are an informal group not formally represented or subject to the terms of collective labor bargaining. This employee group includes the Executive Assistant series, the Management Information Systems Technician series and the Payroll Technician classifications. The last compensation adjustment for said group was approved by the City Council in 2014, including an increase in the retiree health contribution (from $5 per month to $10 per month for each year of service), and three percent (3%) retention incentive bonuses in July, 2014 and 2015. With the City having concluded labor negotiations with the City's three formally recognized bargaining groups (the Firefighters', Municipal Employees' and Police Officers' Associations), the Confidential employee group requested consideration of compensation adjustments for the noted Confidential classifications. Functionally, the Confidential employee group is most closely aligned with the Municipal Employees' Association (MEA). As such, the MEA compensation plan is typically the internal benchmark for the Confidential employee group, with some deviation primarily intended to provide a "premium" benefit to members of the Confidential group in recognition of their loss of formal representation and bargaining and the rights and privileges associated with such. The terms of the current agreement between the MEA and the City of National City include consideration of both internal market equity and external market factors. The external market factors were determined through a comprehensive total compensation survey with cities within San Diego county serving as the market. The below Confidential employee group compensation recommendations seek to find balance between the goal of consistency with the similar classifications of the MEA employee group and a recognition of the unique nature of Confidential classifications. 44 of 504 Page 2 Staff Report — Resolution of the City Council of the City of National City approving adjustments to the compensation plan for the Confidential employee group; and approving the salary schedule for the Confidential employee group for fiscal year 2017 in compliance with the requirements of the California Public Employees' Retirement System (Ca1PERS), including a 2% salary adjustment for all Confidential employee group classifications. September 2, 2014 DISCUSSION As noted above, the MEA compensation plan was based on both internal and external market factors. While external comparisons are important, it is equally important to maintain internal equilibrium. As such, having met and discussed internal and external market factors (MEA compensation and survey market results, respectively) with the Confidential employee group, and having analyzed the internal impact of compensation adjustments (City-wide), staff brings forward for consideration the following adjustments to the Confidential employee group compensation plan: Duration Three years (July 1, 2016 through June 30, 2019) NOTE: Council reserves the right to unilaterally adjust the compensation package at any time during the three year period. Retiree Health Benefit Effective July 1, 2016, Confidential employees who retire after 20 years of service will receive $20/month for each year of service with the City as the City's contribution towards medical insurance when the employee retires from Ca1PERS simultaneously with separating from the City of National City. This benefit shall continue until the retiree qualifies for Medicare. Life Insurance Effective July 1, 2016, the City provides term life insurance of $25,000 for each employee. Health and Dental Insurance Effective the first full pay period of July 2016, the City shall provide up to $1,000 for medical and dental benefits. Cash -in -lieu will continue to be available to employees providing proof of coverage under a non -City sponsored health plan. The maximum cash -in lieu will be limited to the difference between $658.19 and the cost of the employee's City of National City medical and dental coverage selection. 45 of 504 Page 3 Staff Report — Resolution of the City Council of the City of National City approving adjustments to the compensation plan for the Confidential employee group; and approving the salary schedule for the Confidential employee group for fiscal year 2017 in compliance with the requirements of the California Public Employees' Retirement System (Ca1PERS), including a 2% salary adjustment for all Confidential employee group classifications. September 2, 2014 Compensation Three salary increases in the first pay period of each noted month: • July, 2016: 2% COLA • July, 2017: 3% market adjustment for the following classifications o Executive Assistants I thru IV o Payroll Technician • July, 2018: 2% COLA All other existing provisions of the Compensation Plan remain the same. RECOMMENDATION 1. Accept staff's recommendations and adopt the proposed Compensation Plan for the City of National City Confidential employee group. 2. Approve the salary schedule for the Confidential employee group for fiscal year 2017 in compliance with the requirements of the California Public Employees' Retirement System (Ca1PERS) FISCAL IMPACT Fiscal Year 2017: $17,775 Fiscal Year 2018: $32,399 Fiscal Year 2019: $49,253 Attachment: Confidential Employee Group Salary Schedule, Fiscal Year 2017 46 of 504 }- CALIFORNIA +-x- �NCORPOAATED -' Summary of Compensation Adjustments Confidential Group June 22, 2016 Duration Three -years (July 1, 2016 through June 30, 2019) NOTE: Council reserves the right to unilaterally adjust the compensation package at any time during the three year period. Retiree Health Benefit Effective July 1, 2016, Confidential employees who retire after 20 years of service will receive $20/month for each year of pensionable service with the City as the City's contribution towards medical insurance when the employee retires from Ca1PERS simultaneously with separating from the City of National City . This benefit shall continue until the retiree qualifies for Medicare. Life Insurance Effective July 1, 2016, the City provides a Term Life Insurance of $25,000 for each employee. Health and Dental Insurance Effective the first full pay period of July 2016, the City shall provide up to $1,000.00 for medical and dental benefits. Cash -in -lieu will continue to be available to employees providing proof of coverage under a non -City sponsored health plan. The maximum cash -in lieu will be limited to the difference between $658.19 and the cost of the employee's City of National City medical and dental coverage selection. Compensation Three salary increases in the first pay period of each noted month: • July, 2016: 2% COLA • July, 2017: 3% market adjustment for the following classifications o Executive Assistants I thru IV o Payroll Technician • July, 2018: 2% COLA 47 of 504 CITY OF NATIONAL CITY CONFIDENTIAL GROUP SALARY SCHEDULE Fiscal Year 2016-2017 Exhibit C TITLE / RANGE STEP A STEP B STEP C STEP D STEP E MIS Technician II c144 BI-WEEKLY 2,701.04 2,836.09 2,977.90 3,126.79 3,283.13 MONTHLY 5,852.26 6,144.87 6,452.12 6,774.72 7,113.46 ANNUAL 70,227.11 73,738.46 77,425.38 81,296.65 85,361.49 HOURLY 33.76 35.45 37.22 39.08 41.04 MIS Technician I c130 BI-WEEKLY 2,372.98 2,491.63 2,616.21 2,747.02 2,884.37 MONTHLY 5,141.45 5,398.52 5,668.45 5,951.87 6,249.46 ANNUAL 61,697.40 64,782.27 68,021.38 71,422.45 74,993.57 HOURLY 29.66 31.15 32.70 34.34 36.05 Executive Assistant IV c115 BI-WEEKLY 2,071.71 2,175.30 2,284.06 2,398.27 2,518.18 MONTHLY 4,488.71 4,713.15 4,948.80 5,196.24 5,456.05 ANNUAL 53,864.52 56,557.74 59,385.63 62,354.91 65,472.66 HOURLY 25.90 27.19 28.55 29.98 31.48 Executive Assistant III c109 BI-WEEKLY 1,962.38 2,060.50 2,163.52 2,271.70 2,385.28 MONTHLY 4,251.82 4,464.41 4,687.63 4,922.01 5,168.11 ANNUAL 51,021.79 53,572.88 56,251.52 59,064.10 62,017.30 HOURLY 24.53 25.76 27.04 28.40 29.82 Executive Assistant II c101 BI-WEEKLY 1,824.74 1,915.98 2,011.78 2,112.37 2,217.98 MONTHLY 3,953.61 4,151.29 4,358.85 4,576.79 4,805.63 ANNUAL 47,443.26 49,815.42 52,306.19 54,921.50 57,667.58 HOURLY 22.81 23.95 25.15 26.40 27.72 Payroll Technician & Confidential Assistant (At -Will) c092 BI-WEEKLY 1,682.67 1,766.80 1,855.14 1,947.90 2,045.29 MONTHLY 3,645.78 3,828.07 4,019.47 4,220.45 4,431.47 ANNUAL 43,749.36 45,936.82 48,233.66 50,645.35 53,177.62 HOURLY 21.03 22.09 23.19 24.35 25.57 Executive Assistant I c087 BI-WEEKLY 1,609.03 1,689.48 1,773.96 1,862.66 1,955.79 MONTHLY 3,486.24 3,660.55 3,843.57 4,035.75 4,237.54 ANNUAL 41,834.82 43,926.56 46,122.89 48,429.03 50,850.49 HOURLY 20.11 21.12 22.17 23.28 24.45 48 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 49 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City approving a Side Letter Agreement to Article 12 of the Memorandum of Understanding (MOU) between the City and the National City Police Officers' Association, Education/POST Certificate Incentive 49 of 504 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 6, 2016 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City approving a Side Letter Agreement to Article 12 of the Memorandum of Understanding (MOU) between the City and the National City Police Officers' Association, Education/POST Certificate Incentive Pay. PREPARED BY: Stacey Stevenson PHONE: 336-4308 EXPLANATION: The purpose of this Side Letter Agreement is to modify Article 12 of the Memorandum of Understanding (MOU) between the City and the National City Police Officers' Association (POA), Education/POST Certificate Incentive Pay. The California Commission on Peace Officer Standards and Training (POST) is responsible for certifying sworn safety employees for State and local law enforcement agencies. As provided for in Article 12 of the current City Council approved POA MOU, safety employees represented by POA who obtain Intermediate or Advanced POST certification are eligible for POST incentive pay. Employees meeting the POST guidelines for said certifications are responsible for submitting all required documentation for consideration by POST personnel. While the processing time by POST is currently between three months and one year, the date on the POST certificate (if issued) is the date upon which the request was received by POST. DEPARTMENT: Human Resources APPROVED BY: The current MOU language is silent as to the effective date of the incentive pay. With this Side Letter Agreement, staff seeks to clarify that the incentive pay will commence effective with the date on the POST certificate. If approved by City Council, the terms of this Side Letter Agreement will be effective upon employees who otherwise meet the requirements for this educational incentive pay, and whose completed packages are actively in the POST review and approval process on or after the date the City Council approves this Side Letter Agreement. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: There is no fiscal impact associated with this item. ENVIRONMENTAL REVIEW: This is not a project and, therefore, is not subject to environmental review. ORDINANCE: INTRODUCTION: STAFF RECOMMENDATION: FINAL ADOPTION: Finance MIS Adopt the resolution approving Side Letter Agreement to Article 12 of the labor agreement with the National City Police Officers' Association BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Side Letter Agreement Resolution 50 of 504 *WY PIT =wpia� Side Letter Agreement City of National City and National City Police Officers' Association The City of National City of National City ("City") and the National City Police Officers' Association ("POA") have met and conferred in good faith regarding the process and requirements for eligible employees to receive POST incentive pay set forth in this Side Letter Agreement, which Side Letter shall be effective upon Council approval on September 6, 2016. Specifically, the City and POA agree that Article 12 of the Memorandum of Understanding between the City and POA with effective dates January 1, 2016 through December 31, 2018 shall be amended to state as follows (all changes are to Section 2; all other sections of the Article remain unchanged): Article 12 Safety employees covered by this Memorandum of Understanding (MOU) are eligible for educational incentive pay upon meeting the requirements indicated below. Effective retroactive to January 1, 2016 LEVEL I $30.00 per month compensation * LEVEL II 2% of base monthly salary LEVEL III 6% of base monthly salary ** AS or AA in related field Intermediate POST Certificate Advanced POST Certificate * Level I benefits are only available to employees already receiving such benefits as of July 1, 2002. ** Effective January 1, 2017, increase Advanced POST to 7% Section 1 General Requirements 1. Completion of the initial Probationary Period with the National City Police Department. 2. Performance Report of at least "Satisfactory" on last two (2) reports. 3. Recommendation from the Chief of Police and the approval of the City Manager or designee. Section 2 Process for POST Pay 1. It is the responsibility of the employee to submit all required documentation to the Police Department's Training Coordinator. City - POA Side Letter Re POST Pay September 6, 2016 Page 1 of 3 51 of 504 2. The Training Coordinator will submit completed packages to POST. While the Training Coordinator will review application packages prior to submittal, it is solely the responsibility of POST to determine the completeness of the packages and the eligibility of the employee. 3. Issued POST certificates will be mailed to the Training Coordinator. Upon receiving, the Training Coordinator will: a. Request the Chief's Executive Assistant prepare and route a Personnel Action Form to initiate the payment of the appropriate level of educational incentive pay based on the level of POST certification. b. Route the POST certificate to the employee. 4. Employees who otherwise meet the requirements for this educational incentive pay, and whose completed packages are actively in the POST review and approval process on or after the date the City Council approves this Side Letter Agreement, will commence their educational incentive pay retroactive to the date the incentive pay qualifying POST certificate is issued. This provision shall not be applied retroactively to any POST certification issued prior to the date the City Council approves this Side Letter Agreement. Section 3. Tuition Reimbursement The Educational Expenses Reimbursement Plan is available to employees who wish to improve their work performance through furthering their education. The plan provides reimbursement for up to $2,500 per fiscal year and is open to all employees who meet the following criteria: 1. Successful completion of probation. 2. A proposed course of instruction is related to the employee's employment with the City, or the course is required for a degree in a closely related field. The Chief of Police or his designee has the final authority on determining whether a course or degree is job related. Request must be submitted in writing on appropriate department form according to established procedures. 3. The reimbursement may be used to cover the costs of tuition, registration and books at a local community or state college or university. 4. The course must be passed with a grade of "C" or better. If taken on a pass/fail basis, employee must pass course(s) taken. 5. The employee must show written documentation of the expenditures being claimed for reimbursement. 6. The Police Chief will be given an annual budget of $30,000 for purposes of tuition reimbursement pursuant to this Article. Once this budget is fully expended in any one year, no further tuition reimbursement is available for that year. If the Department is about to exhaust its entire $30,000 fiscal year budget, the Department will reimburse employees within City - POA Side Letter Re POST Pay September 6, 2016 Page 2 of 3 52 of 504 that fiscal year in the same order in which the employees received Department approval for course reimbursement. For the City Claudia G. Silv City Atto . e Dated: For the POA William Phillips POA President Dated: c+ 1 rr Bradley M. Fields, Esq. POA Attorney Dated: e City - POA Side Letter Re POST Pay September 6, 2016 Page 3 of 3 53 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 54 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 a Temporary Use Permit prepared by the San Diego Unified Port District to allow for storage of two trailers formerly used as a temporary youth aquatic center, loc 54 of 504 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 6, 2016 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute a Temporary Use Permit prepared by the San Diego Unified Port District to allow for storage of two trailers formerly used as a temporary youth aquatic center, located in the Pepper Park parking lot. PREPARED BY: Stephen Manganiello PHONE: 336-4382 EXPLANATION: DEPARTMENT Engineering/Public Works APPROVED BY: 40/ The San Diego Unified Port District has prepared a Temporary Use Permit (TUP) to allow for storage of two trailers formerly used as a temporary youth aquatic center. The trailers are located within the Pepper Park parking lot (see exhibit in TUP). The TUP is retroactive to May 1, 2015 and will expire on September 30, 2016. The City is required to remove the temporary trailers within 30 days of expiration of the permit. City Council previously awarded a contract to Fordyce Construction, Inc. on March 15, 2016 to remove the trailers (Reso #2016-40). The trailers are scheduled to be removed by October 30, 2016, consistent with the terms of the TUP. FINANCIAL STATEMENT: ACCOUNT NO. NIA ENVIRONMENTAL REVIEW: NIA ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt Resolution authorizing the Mayor to execute a TUP to allow for storage of two trailers located in the Pepper Park parking lot. BOARD 1 COMMISSION RECOMMENDATION: NIA ATTACHMENTS: 1. TUP 2. Resolution 55 of 504 TIDELAND USE AND OCCUPANCY PERMIT THIS PERMIT, by the SAN DIEGO UNIFIED PORT DISTRICT, a public corporation, hereinafter called "District," to CITY OF NATIONAL CITY, a municipal corporation, hereinafter called '`Tenant," is set forth as follows: District for the considerations hereinafter set forth, hereby grants to Tenant upon the terms and conditions and for the purposes and uses hereinafter set forth, the right to use and occupy a portion of those lands conveyed to the San Diego Unified Port District by that certain Act of the Legislature of the State of California, entitled "San Diego Unified Port District Act," Stets. 1962, 1st Ex. Sess., c. 67, as amended, which lands are more particularly described as follows and are referenced in this Permit as "Premises": Approximately 5,557 square feet of land and 2,105 square feet of overhead electrical transmission corridor located in Pepper Park in the city of National City, more particularly described as Parcel No. 1 and Parcel No. 2 respectively and delineated on District Drawing No. 028-023, dated April 19, 2005, attached hereto as Exhibit "A" and by this reference made a part hereof. This Permit is granted upon the following terms and conditions: 1. TERM: The term of this Permit shall be for one (1) year, five (5) months commencing on the 1st day of May 2015, and ending on the 30th day of September 2016, unless sooner terminated as herein provided. 2, CONSIDERATION: Consideration Is the benefit to the District and the People of the State of California, for providing a temporary youth aquatic center. 3. USE: The above -described Premises shall be used Only and exclusively for the purpose of storage of two (2) trailers in the sizes of 60' x 24' and 40' x 24', on Parcel 1 of the premises, for the operation of a temporary youth aquatic center, and Parcel No. 2 of the premises shall be used for installation of overhead electrical transmission facilities and appurtenances with supporting poles and for no other purpose whatsoever without the prior written consent of the Executive Director of District in each instance. 4. ASSIGNMENT -SUBLEASE -ENCUMBRANCE: Tenant shall not encumber this Permit, the Premises thereof and the improvements thereon by a deed of trust, mortgage, 1 56 of 504 or any other security instrument without the express written consent of the District. Furthermore, neither the whole nor any part of the Premises nor any of the rights or privileges granted by this Permit shall be assignable or transferable in any way without such consent. Nor shall Tenant grant any permission to any other person to occupy any portion of the Premises without such consent. Any such purported assignment, transfer, sublease, encumbrance, or permission given without such consent shall be void as to District. 6. IMPROVEMENTS: Tenant acknowledges prior examination of the Premises and the condition thereof, and agrees that the improvements thereon, if any, are in their present condition, satisfactory and usable for Tenant's purposes and that no representations as to value or condition have been made by or on behalf of District. Tenant agrees that it shall make no changes or alterations in the Premises, nor make, erect, or install any machines, signs, or other improvements thereon without the consent in writing of the Executive Director of District. Tenant further agrees to provide proper containers for trash and to keep the Premises free and clear of rubbish, debris, and litter at all times. 6. MAINTENANCE: Tenant hereby agrees that the Premises are in a good and tenantable condition, that Tenant will take good care of the Premises and appurtenances, including any personal property belonging to District; and that Tenant, as a part of the consideration for rental stated above, will at Tenant's sole cost and expense keep and maintain sald Premises, appurtenances, and personal property in good and sanitary condition and repair during the term of this Permit, subject to normal and ordinary wear and tear resulting from the use of the Premises as herein provided. District shall at no time during the terra of this Permit be required to make any improvements or repairs to the Premises. 7. TITLE TO IMPROVEMENTS: On the commencement date of the term of this Permit, all existing structures, buildings, installations, and improvements of any kind located on the Premises are owned by and title thereto is vested in District. Any installations or improvements subsequently placed on the Premises by Tenant in such fashion as to be permanently attached thereto shall be and remain the property of District and shall not be removable by Tenant. The two (2) trailers described in section 3 herein, as well as any machines, appliances, and equipment of any kind placed on the above -described premises by Tenant are owned by and title thereto is vested in Tenant and shall be removed by Tenant within thirty (30) 2 57 of 504 days after the expiration of the term of this Permit or sooner termination thereof; provided, however, Tenant agrees to repair any and all damage occasioned by the removal thereof. If any such machines, appliances, and equipment are not removed within thirty (30) days after the termination of this Permit, the same may be considered abandoned and shall thereupon become the property of District without cost to the District and without payment to Tenant, except that District shall have the right to have the same removed at the expense of Tenant. During any period of time employed by Tenant under this Paragraph to remove machines, appliances, and equipment, Tenant shall continue to pay the full rental to District in accordance with this Permit which said rental shall be prorated daily. 8. REMOVAL OF MATERIALS: Tenant hereby agrees that upon the expiration of this Permit or the sooner termination as herein provided, it will remove within thirty (30) days all ships, vessels, barges, hulls, debris, surplus, and salvage materials from the land area and water area forming a part of or adjacent to the Premises, so as to leave the same in as good condition as when first occupied by Tenant, subject to reasonable wear and tear; provided, however, that if any said ships, vessels, barges, hulls, debris, surplus, and salvage materials shall not be so removed within thirty (30) days by Tenant, District may remove, sell, or destroy the same at the expense of Tenant; and Tenant hereby agrees to pay District the cost of such removal, sale, or destruction; or at the option of District, the title to said ships, vessels, barges, hulls, debris, surplus, and salvage materials not rernoved shall become the property of District. During any period of time employed by Tenant under this Paragraph to remove ships, vessels, barges, hulls, debris, surplus and salvage materials, or test for and/or remediate Contaminants as required in this Permit, Tenant shall continue to pay the full rental to District in accordance with this Permit which said rental shall be prorated daily. 9. TERMINATION: This Permit may be terminated by Executive Director of District or his duly authorized representative or Tenant as a matter of right and without cause at any time upon the giving of thirty (30) days' notice in writing to the other party of such termination. 10. HOLD HARMLESS: Tenant shall, to the fullest extent permitted by law, defend, indemnify, and hold harmless District and its officers, employees, and agents for any and all liability, claims, judgments, damages, proceedings, orders, directives, costs, including reasonable attorneys' fees, or demands arising directly or indirectly out of the obligations undertaken in connection with this Permit, or Tenant's use, occupancy, possession or 3 58 of 504 operation of the above -described premises, except claims or litigation arising through the sole negligence or willful misconduct of District. It is the intent of this Paragraph that Tenant indemnify and hold harmless District for any actions of Tenant or District, including duties that may be legally delegated to Tenant or to third parties, except for those arising out of the sole negligence or willful misconduct of District. This indemnity obligation shall apply for the entire time that any third party can make a claim against or sue District for Liabilities arising out of Tenant's use, occupancy, possession, or operation of the above - described premises, or arising from any defect in any part of the premises. 11. INSURANCE: Tenant shall maintain "OCCURRENCE" form Commercial General Liability Insurance covering premises and operations in the amount of not Tess than Two Million Dollars ($2,000,000) combined single limit per occurrence for bodily injury, personal injury and property damage suffered or alleged to be suffered by any person or persons whatsoever resulting directly or indirectly from any act or activities of Tenant, of any person acting for it or under its control or direction, or any person authorized by it to use the rented premises. Either the general aggregate limit shall apply separately to this location or the general aggregate limit shall be twice the required occurrence limit. All required insurance shall be in force the first day of the term of this Permit. All insurance companies must be satisfactory to District, and the cost of all required insurance shall be borne by Tenant. Certificates in a form acceptable to District evidencing the existence of the necessary insurance policies, and original endorsements effecting coverage required by this clause, shall be kept on file with District during the entire term of this Permit. Certificates for each insurance policy are to be signed by a person authorized by that insurer to issue evidence of coverage on its behalf. Endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The District reserves the right to require complete, certified copies of all required policies at any time. All liability insurance policies will name, or be endorsed to name. District, its officers, officials and employees as additional insureds and protect District, its officers, officials and employees against any legal costs in defending claims. All insurance policies will be endorsed to state that coverage will not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested has been given to the District. And, all insurance policies will be endorsed to state that Tenant's insurance is primary and not excess or contributing to any insurance issued In the name of District. Any deductibles or self -insured retentions must be declared and acceptable to the District. At the option of the District, either: the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the District, its officers, officials, and employees; or, 4 59 of 504 the Tenant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. District shall retain the right at any time to review the coverage, form, and amount of the insurance required hereby. If, in the opinion of District, the insurance provisions in this Permit do not provide adequate protection for District and/or for members of the public, District may require Tenant to obtain insurance sufficient In coverage, form and amount to provide adequate protection. District's requirements shall be reasonable but shall be designed to assure protection from and against the kind and extent of risk which exist at the time a change in insurance is required. District shall notify Tenant in writing of changes in the insurance requirements and, if Tenant does not deposit certificates evidencing acceptable insurance policies with District incorporating such changes within sixty (60) days of receipt of such notice, this Permit shall be in default without further notice to Tenant, and District shall be entitled to all legal remedies. The procuring of such required policies of insurance shall not be construed to limit Tenant's liability hereunder, nor to fulfill the indemnification provisions and requirements of this Permit. Notwithstanding said policies of insurance. Tenant shall be obligated for the full and total amount of any damage, injury, or loss caused by negligence or neglect connected with this Permit or with the use or occupancy of the rented premises. Tenant may satisfy the requirements of this Section 11 by maintaining its lawful self - insured status during the term of this Permit Tenant must provide a letter of self- insurance to satisfy the requirement. 12. TAXES AND UTILITIES: This Permit may result in a taxable possessory interest and be subject to the payment of property taxes. Tenant agrees to and shall pay before deiinquency all taxes and assessments of any kind assessed or levied upon Tenant or the Premises by reason of this Permit or of any buildings, machines, or other improvements of any nature whatsoever erected, installed, or maintained by Tenant or by reason of the business or other activities of Tenant upon or in connection with the Premises. Tenant shall also pay any fees imposed by law for licenses or permits for any business or activities of Tenant upon the Premises or under this Permit, and shall pay before delinquency any and all charges for utilities at or on the Premises. 13. CONFORMANCE WITH RULES AND REGULATIONS: Tenant agrees that, in all activities on or in connection with the Premises, and in all uses thereof, including the making of any alterations, changes, installations, or other improvements, it shall abide by and conform to all laws and regulations. Said laws and regulations shall include, but are 5 60 of 504 not limited to those prescribed by the San Diego Unified Port District Act; any ordinances of the city in which the Premises are located, including the Building Code thereof; any ordinances and general rules of District, including tariffs; and any applicable laws of the state of California and federal government, as any of the same now exist or may hereafter be adopted or amended. In particular and without limitation, Tenant shall have the sole and exclusive obligation and responsibility to comply with the requirements of: (I) Article 10 of District Code entitled "Stormwater Management and Discharge Control," and (il) the Americans With Disabilities Act of 1990, including but not limited to regulations promulgated thereunder, and District shall have no obligations or responsibilities as to the Premises. 14. POLICY OF DISTRICT: It is the policy of District that prevailing wage rates shall be paid all persons who are employed by Tenant on the property of District. 15. DEFAULT: If any default be made in the payment of the rental herein provided or in the fulfillment of any terms, covenants, or conditions hereof, and said default is not cured within ten (10) days after written notice thereof, this Permit shall immediately terminate and Tenant shall have no further rights hereunder and shall immediately remove from said Premises; and District shall immediately thereupon, without recourse to the courts, have the right to reenter and take possession of said Premises. District shall further have all other rights and remedies as provided by law, including without limitation the right to recover damages from Tenant in the amount necessary to compensate District for all the detriment proximately caused by Tenant's failure to perform its obligations under this Permit or which in the ordinary course of things would be likely to result therefrom. 16. LIENS: Tenant agrees that it will at all times save District free and harmless and defend and indemnify it against all claims and liens for labor, services or materials in connection with improvements, repairs, or alterations on the Premises caused to be performed by Tenant, and the costs of defending against such claims, including reasonable attomey's fees, 17. BANKRUPTCY: In the event Tenant commences a proceeding under Chapter XI of the Federal Bankruptcy Act, or is adjudicated bankrupt or insolvent, or a judicial sale is made of Tenant's interest under this Permit, this Permit shall at the option of District immediately terminate and all rights of Tenant hereunder shall immediately cease and terminate. 6 61 of 504 18. EASEMENTS: This Permit and all rights given hereunder shall be subject to all easements and rights -of -way now existing or heretofore granted or reserved by District in, to, or over the Premises for any purpose whatsoever, and shall be subject to such rights - of -way for reasonable access, sewers, pipelines, conduits, and such telephone, telegraph, light, heat, or power lines as may from time to time be determined by District to be in the best interests of the development of the tidelands. District agrees that such easements and rights -of -way shall be so located and installed as to produce a minimum amount of interference to the business of Tenant. 19. TITLE OF DISTRICT: District's title is derived from the provisions of the San Diego Unified Port District Act, Appendix 1, Harbors & Navigation Code, and is subject to the provisions of said Act. This Permit is granted subject to the terms and conditions of said Act. 20. JOINT AND SEVERAL LIABILITY: If Tenant, as a party to this Permit, is a partnership or joint venture, or is comprised of more than one party or entity or a combination thereof, the obligations imposed on Tenant under this Permit shall be joint and several, and each general partner, joint venturer, party, or entity of Tenant shall be jointly and severally liable for said obligations. Furthermore, nothing contained herein shall be deemed or construed as creating a partnership or joint venture between District and Tenant or between District and any other entity or party, or cause District to be responsible in any way for the debts or obligations of Tenant, or any other party or entity. 21. NONDISCRIMINATION: Tenant agrees at all times to fully comply with all laws prohibiting discrimination against any person or class of persons by reason of sex, color, race, religion, handicap or national origin. If the use provided for in this Permit allows the Tenant to offer accommodations or services to the public, such accommodations or services shall be offered by the Tenant to the public on fair and reasonable terms. In complying with all such laws, including, without limitation, the Americans With Disabilities Act of 1990, Tenant shall be solely responsible for such compliance and required programs and there shall be no allocation of any such responsibility between District and Tenant. 22. ENTIRE UNDERSTANDING: This Permit contains the entire understanding of the parties, and Tenant, by accepting the same, acknowledges that there is no other written or oral understanding between the parties in respect to the Premises. No modification, amendment, or alteration of this Permit shall be valid unless it is in writing and signed by the parties hereto, 7 62 of 504 23. PEACEABLE SURRENDER: Upon the termination of this Permit by the expiration thereof or the earlier termination as by the terms of this Permit provided, Tenant will peaceably surrender the Premises in as good condition, subject to normal and ordinary wear and tear resulting from the use of the Premises as herein provided, as the same may be at the time Tenant takes possession thereof, and to allow District to take peaceable possession thereof, 24. HOLDOVER: This Permit shall terminate without further notice at expiration of the term. Any holding over by Tenant after either expiration or termination shall not constitute a renewal or extension or give Tenant any rights in or to the Premises. if Tenant, with District's consent, remains in possession of the Premises after expiration or termination of the term or after the date in any notice given by District to Tenant terminating this Permit, such possession by Tenant shall be deemed to be a month -to -month tenancy terminable on thirty (30) days' notice given at any time by either party. During any such month -to - month tenancy, Tenant shall pay all rent required by this Permit; and if percentage rent is required by the Permit, it shall be paid monthly on or before the tenth (10th) day of each month. All provisions of this Permit, except those pertaining to term, shall apply to the month -to - month tenancy. 25. ACCEPTANCE OF PREMISES: BY SIGNING THIS PERMIT, TENANT REPRESENTS AND WARRANTS THAT IT HAS INDEPENDENTLY INSPECTED THE PREMISES AND MADE ALL TESTS, INVESTIGATIONS AND OBSERVATIONS NECESSARY TO SATISFY ITSELF OF THE CONDITION OF THE PREMISES. TENANT AGREES IT IS RELYING SOLELY ON SUCH INDEPENDENT INSPECTION, TESTS, d TESTS, INVESTIGATIONS AND OBSERVATIONS IN MAKING THIS PERMIT. TENANT 7 ALSO ACKNOWLEDGES THAT THE PREMISES ARE IN THE CONDITION CALLED FOR BY THIS PERMIT, THAT DISTRICT HAS PERFORMED ALL WORK WITH RESPECT TO PREMISES AND THAT TENANT DOES NOT HOLD DISTRICT RESPONSIBLE FOR ANY DEFECTS IN THE PREMISES. TENANT FURTHERMORE ACCEPTS AND SHALL BE RESPONSIBLE FOR ANY RISK OF HARM TO ANY PERSON AND PROPERTY, INCLUDING WITHOUT LIMITATION EMPLOYEES OF TENANT, FROM ANY LATENT DEFECTS IN THE PREMISES. Initial: District Tenant 8 63 of 504 26. WARRANTIES -GUARANTEES: District makes no warranty, guarantee, covenant, including but not limited to covenants of title and quiet enjoyment, or averment of any nature whatsoever concerning the condition of the Premises, including the physical condition thereof, or any condition which may affect the Premises; and it is agreed that District will not be responsible for any loss or damage or costs which may be incurred by Tenant by reason of any such condition or conditions. 27. ATTORNEY'S FEES: In the event any suit is commenced to enforce, protect or establish any right or remedy of any of the terms and conditions hereof, including without limitation a summary action commenced by District under the laws of the State of California relating to the unlawful detention of property, the prevailing party shall be entitled to have and recover from the losing party reasonable attomey's fees and costs of suit. 28. HAZARDOUS MATERIALS: Tenant shall comply with all laws regarding hazardous substances, materials or wastes, or petroleum products or fraction thereof (herein collectively referred to as "Contaminants") relative to occupancy and use of the Premises. Tenant shall be liable and responsible for any Contaminants arising out of the occupancy or use of the Premises by Tenant. Such liability and responsibility shall include, but not be limited to, (i) removal from the Premises any such Contaminants; (ii) removal from any area outside the Premises, including but not limited to surface and groundwater, any such Contaminants generated as part of the operations on the Prernises; (iii) damages to persons, property and the Premises, (iv) all claims resulting from those damages; (v) fines imposed by any governmental agency, and (vi) any other liability as provided by law. Tenant shall defend, indemnify and hold harmless the District, its officials, officers, agents, and employees from any and all such responsibilities, damages, claims, fines, liabilities, including without limitation any costs, expenses and attomey's fees therefor. District shall have a direct right of action against Tenant even if no third party has asserted a claim. Furthermore, District shall have the right to assign said indemnity. !f Tenant has in the past or continues to use, dispose, generate, or store Contaminants on the Premises, District, or its designated representatives, at District's sole discretion, may at any time during the term of this Permit, enter upon the Premises and make any inspections, tests or measurements District deems necessary in order to determine if a release of Contaminants has occurred. District shall give Tenant a minimum of twenty- four (24) hours' notice in writing prior to conducting any inspections or tests, unless, in District's sole judgment, circumstances require otherwise, and such tests shall be conducted in a manner so as to attempt to minimize any inconvenience and disruption to 9 64 of 504 Tenant's operations. If such tests indicate a release of Contaminants, then District, at District's sole discretion, may require Tenant, at Tenant's sole expense, and at any time during the term of this Permit, to have tests for such Contaminants conducted by a qualified party or parties on the Premises. If District has reason to believe that any Contaminants that originated from a release on the Premises have contaminated any area outside the Premises, including but not limited to surface and groundwater. then District, at District's sole discretion, may require Tenant, at Tenant's sole expense, and at any time during the term of this Permit, to have tests for such Contaminants conducted by a qualified party or parties on said area outside the Premises. The tests conducted by Tenant's qualified party shall include, but not be limited to, applicable comprehensive soil, emission, or groundwater sampling test or other procedures to determine any actual or possible contamination. Tenant shall expeditiously, but no longer than thirty (30) days after District's request for such tests, furnish to District the results of said tests, sampling plans, and analysis thereof identifying any Contaminants which exceed then applicable levels permitted by federal, state, or local laws. Tenant shall report such contamination to the District within seventy-two (72) hours and shall diligently proceed to identify the extent of contamination, how it will be remediated, when it will be remediated, by whom, and the cost of such remediation. 29. UNDERGROUND STORAGE TANKS: In the event any underground storage tanks are located on the Premises or hereinafter placed on the Premises by any party during the term or extension of this Permit, Tenant shall be responsible for tank monitoring of all such underground storage tanks as required by the County of San Diego Hazardous Material Management Division (HMMD) or any other responsible agency. Tenant further agrees to take responsibility for reporting unauthorized releases to HMMD and the District within twenty-four (24) hours of such unauthorized release. Tenant will be responsible for ail fees and costs related to the unauthorized release of Contaminants including but not limited to investigative, surface and groundwater cleanup, and expert and agency fees. Tenant shall maintain evidence of financial responsibility for taking corrective action and for compensating third parties for bodily injury and property damage caused by a release from the underground tank system. Tenant further agrees to be responsible for maintenance and repair of the storage tanks, obtaining tank permits, filing a business plan with HMMD or other responsible agency and for paying underground storage tank fees, permit fees, and other regulatory agency fees relating to underground storage tanks. Tenant agrees to keep complete and accurate records on the Premises for a period of not less than thirty-six (36) months from the applicable events, including, but not limited to 10 65 of 504 permit applications, monitoring, testing, equipment installation, repairing and closure of the underground storage tanks, and any unauthorized releases of Contaminants and ;rake such records available for District or responsible apencti inspection. Tenant further agrees to include a copy of Health and Safety Code, Chapter 6.7, Section 25299, as part of any agreement between Tenant and any Operator of such underground storage tanks. Furthermore, Tenant shall be responsible for compliance with all other laws and regulations presently existing or hereinafter enacted applicable to underground storage tanks, including without limitation any such laws and regulations which alter any of the above requirements. 30. ABOVEGROUND STORAGE TANKS: Tenant shall be responsible for any aboveground storage tanks on the Premises. Tenant shall, in accordance with this Permit and applicable laws and regulations, secure and pay for all necessary permits and approvals, prepare a spill prevention control counter measure plan and conduct periodic inspections to ensure compliance therewith, including conformance with the latest version of said laws and regulations. In addition, Tenant shall maintain and repair said tanks and conform and comply with all other applicable laws and regulations for aboveground storage tanks, including without limitation all of the requirements of Health & Safety Code, Sections 25270 through 25170.13 as presently existing or as hereinafter amended, including without limitation conducting daily visual inspection of said tanks, allowing the San Diego Regional Water Quality Control Board, District, or responsible agency, to conduct periodic inspections and complying with valid orders of said Board, filing the required storage tank statement and payment of the fee therefor, establishing and maintaining the required monitoring program and systems, reporting spills as required, and payment of lawfully imposed penalties as provided therein and as othenhilse provided by law. Tenant shall be responsible for all costs associated with an unauthorized release from such tanks, including but not limited to, investigative, surface and groundwater cleanup, expert and agency fees. 31. DISPUTE RESOLUTION: All disputes or disagreements between or among the parties arising out of or relating to the terms, conditions, interpretation, performance, default or any other aspect of this Permit, such parties shall first attempt to resolve the dispute informally. In the event the dispute is not resolved informally, prior to and as a precondition to the initiation of any legal action or proceeding, the parties shall refer the dispute to mediation before a retired State or Federal judge mutually selected by the parties. The dispute shall be mediated through informal, nonbinding joint conferences or separate caucuses with an impartial third party mediator who will seek to guide the parties to a consensual resolution of the dispute. The mediation proceeding shall be conducted 11 66 of 504 within thirty (30) days (or any mutually agreed longer period) after referral, and shall continue until any party involved concludes, in good faith, that there is no reasonable possibility of resolving the dispute without resort to a legal action or proceeding. All costs of the mediation shall be shared equally by the parties involved. Each party shall bear its own attorneys' fees and other costs incurred in connection with the mediation. In the event the parties are unable to resolve the dispute through mediation, in addition to any other rights or remedies, any party may institute a legal action. 32. NOTICES; Any notice or notices provided for by this Permit or by law to be given or served upon Tenant may be given or served by certified or registered letter addressed to Tenant at 1243 National City Boulevard, National City, California 91950-4301 and deposited in the United States mail, or may be served personally upon said Tenant or any person hereafter authorized by it in writing to receive such notice; and that any notice or notices provided for by this Permit or by law to be served upon District may be given or served by certified or registered letter addressed to Executive Director of District at the Administrative Offices of the San Diego Unified Port District, Post Office Box 120488, San Diego, California 92112-0488 and deposited in the United States mail, or may be served personally upon said Executive Director or his duly authorized representative; and that any notice or notices given or served as provided herein shall be effectual and binding for all purposes upon the parties so served. 33. SECTION HEADINGS: The section headings contained herein are for convenience in reference and are not intended to define or limit the scope of any provision hereof. 12 67 of 504 34. SIGNATURE OF PARTIES: It is an express condition of this Permit that said Permit shall not be complete nor effective until signed by either the Executive Director or his authorized designee on behalf of District and by other party. APPROVED AS TO FORM AND LEGALITY SAN DIEGO UNIFIED PORT DISTRICT GENERAL COUNSEL By: By: Assistant/Deputy SOUPD Dins No. 1069279 Shaun D. Sumner Assistant Vice President Real Estate Development CITY OF NATIONAL CITY By: Signature PRINT NAME: RON MORRISON PRINT TITLE; MAYOR 13 68 of 504 028-007 THE PASHA GROUP DDT V \°a °o 1Oa z„.c. 3"DIA. BRASS DISK MONUMENT STAMPED "SDUPD-020" AS SHOWN ON R.O.S. NO.16668 NOTE 1. PERMIT AREA SHOWN SHADED 2. BEARINGS AND DISTANCES ARE BASED ON THE CAUFORNIA COORDINATE SYSTEM, ZONE 6, N.A.D. 83, EPOCH 1991.35. 028 PEPPER PARCEL NO. 1 0 5,557 SQ.FT (0.13 ACRE) a .� --- 0.5 1 009 PARK -1St 0 0 25' PARCEL NO. 2 SEE SHEET 2 ith& ggitit 1 = 50' 100. i REvEwawafarAgecce ! ! SAN DIEGO UNIFIED PORT DISTRICT 11DEI,.AND USE AND OCCUPANCY PERMIT WITHIN CORPORATE LIMM3 OF NATIONAL CRY COWMMUNIrt DEVELOPMENT COMMISSION CITY OF NATIONAL CITY EXHI`� ' DATE 19 APRIL 2005 SCALE 1 ` 501 REF FIELD URV' Y DRAWING NO. SHEET 102_ 028-023 0 a 0 (o 0 0 0 a 1 69 of 504 N 15'22'00" E 51.18' DD9 Fare PARCEL NO. 2 (OVERHEAD ELECTRIC UNE) 21105 SQ.F I (0.05 ACRE) 028-009 PEPPER PARK NOTE 1. PERMIT AREA SHOWN SHADED 2. BEARINGS AND DISTANCES ARE BASED ON THE CAUFORNIA COORDINATE SYSTEM, ZONE 6, N.A.D. 83, EPOCH 1991.35. S.D.G.E! TRANSFORMER D 10' 20' 30' 60' 1" = 30` Sal D!EGO WAVED PORT DISTRICT TIDELAND USE AND OCCUPANCY PERMIT WITHIN CORPORATE LIMITS OF NATIONAL. CITY COM ►UNITY DEVELOPMENT COMMISSION CITY OF NATIONAL CITY E ItsrM DATE 19 APRIL 2045 SCALE AU, FIELD SURD DRAWING NO. SHMT 20F Z. 028-023 28\028-023\028-023_04 70 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 71 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City, waiving the formal bid process consistent with National City Municipal Code Section 2.60.260 regarding cooperative purchasing and authorizing the City (Buyer) to piggyback 1) the State of Califo 71 of 504 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 6, 2017 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City, waiving the formal bid process consistent with National City Municipal Code Section 2.60.260 regarding cooperative purchasing and authorizing the City (Buyer) to piggyback 1) the State of California Department of General Services Contract #1- 15-23-14B to award the purchase and build -out of eleven fully equipped police vehicles to Folsom Lake Ford in an amount not to exceed $553,138.48; 2) the County of San Diego Department of Purchasing and Contracting Contract #550743 to award the purchase of police radios for the new patrol vehicles to the Regional Communications System (RCS) vendor, Motorola Solutions, Inc., in an amount not to exceed $43,198.69; and, 3) to appropriate an additional $1,337.17 from available fund balance in the Vehicle Replacement Fund. PREPARED BY Ray Roberson, Management Analyst II PHONE: (619) 336-4583 EXPLANATION: See attached explanation. FINANCIAL STATEMENT: DEPARTMENT: Engineering/Public Works APPROVED BY: ACCOUNT NO. APPROVED: MIS 644-411-000-511-0000 (Equipment Replacement Reserve): $596,337. 17 $595,000 appropriated in the FY2017 budget, and additional $1,337.17 requested from fund balance. ENVIRONMENTAL REVIEW: NIA ORDINANCE: INTRODUCTION: FINAL ADOPTION: L STAFF RECOMMENDATION: Adopt Resolution awarding the purchase and build -out of eleven police vehicles and radios for the National City Police Department. BOARD I COMMISSION RECOMMENDATION: N/A. ATTACHMENTS: 1. Explanation 2. Proposals/Quotes 3. State of California Department of Cienerai Services contract 1-15-23-14B 4. San Diego County Department of Purchasing and Contracting RCS Contract #550743 5. Resolution 72 of 504 !Explanation: As part of the FY 2017 annual budget, City Council approved funding through the Equipment Replacement Reserve for the purchase of 6 patrc! vehicles, 1 patrol lieutenant vehicle, 1 supervisor vehicle, and 3 detective vehicles for the National City Police Department. Staff seeks Council authority to waive the formal bid process consistent with National City Municipal Code Section 2.60.260 regarding cooperative purchasing and authorize the City (Buyer) to piggyback 1) the State of California Department of General Services Contract #1-15-23-14B to award the purchase and build -out of eleven fully equipped police vehicles to Folsom Lake Ford in an amount not to exceed $553,138.48; and 2) the County of San Diego Department of Purchasing and Contracting Contract #550743 to award the purchase of police radios for the new patrol vehicles to the Regional Communications System (RCS) vendor, Motorola Solutions, Inc., in an amount not to exceed $43,198.69. Folsom Lake Ford will subcontract with Lehr Auto Electric & Emergency Equipment for the build -out and up -fitting of the police department vehicles. NCMC Section 2.60.260 provides authority to the purchasing agent to join with other public jurisdictions to take advantage of cooperative purchasing opportunities, including but not limited to any federal, state or local agency pricing program or structure that is determined by the purchasing agent to allow a procurement that is in the best interests of the City. The purchasing agent may buy directly from a vendor at a price established through competitive bidding by another public agency whose procedures have been determined by the purchasing agent to be in substantial compliance with the City's procurement procedures, irrespective of the contracting limits of that jurisdiction or agency, even if the City had not initially joined with that public agency in the cooperative purchase. National Citv's purchasing staff has confirmed that both the State of California Department of Genera! Services Contract #1-15-23-14B with Folsom Lake Ford as well as the County of San Diego Department of Purchasing and Contracting RCS Contract #550743 were competitively bid through a Request for Bid (RFB) and bid process, and that the respective procurement procedures are in substantial compliance with those of Natir,na[ City. An additional $1,337.17 is requested to be appropriated from the Equipment Replacement Reserve Fund 644 balance. Funding for the vehicles and radios is available through the Equipment Replacement Reserve, which will be replenished by the Genera! Fund. 73 of 504 FPREPARED BY: Andy Grnmm 858-364-3660 agrimm*daywir'eless.com APX RADIOS QUOTE TO: NCPD Chris Cameon 619.336-4524 DATE': 24 Aug-76 Quote Valid thru j h December 31, 2016 QU0000370272REV001 MOT OROLA SOLUTIONS RCS Discounted Total Extended 'Line # Otv Part Numhwr It41n De cr on List Price &17EK$0x Prints Discount Price p 1 M2SURS9PW I AN la lb lc Id le 1f W22BA G80BBf G442AJ G67BC G444AE G36IAH APX6500 7/800 MHZ MOBILE RADIO ADD: PALM MICROPHONE ENH: ASTRO DIGITAL CAI OP APX ADD: O5 CONTROL HEAD ADD: REMOTE MOUNT MID POWER $2,344.00 $72.00 $515.00 $432,00 $1 z166.00 $45.00 $321.88 $270.00 $297.00 ADO: APX CONTROL HEAD SOFTWARE ADD: P25 TRUNKING . OFTVVARE 1g lh 11 1j Ik G51AU 0335AW B18CR GA00580AA W599 ENH: SMARTZONE OPERATION APX6500 ADD: ANT 114 WAVE 762-870 MHZ ADD: AUXILARY SPIR 7.5 WATT ADD: TDMA OPERATION (P25 PHASE 2) ADD: 8 MODE DEK I30X $0.00 $186.63 $0.00 $300.00 $1,200.00 $14.00 $60.00 $450.00 $180.00 $0.00 $750.00 $8.75 $37.50 $281.25 $112.50 8 TOTAL APX6500 MOBILE 05 HEEAD Wl DEK BOX $5,864.00 53,477.50 2 2a 2b 2c 2d 2e M25URS9PWIAN G9DAC G606BE G72AD APX6500 IMMLE WITH 03 HANCHELD CO?1TrWL MEAD APX6500 71800 MHZ MOBILE RADIO $a, - 4.00 ADD: NO MICROPHONE NEEDED $0.00 ENH: ASTRO DIGITAL CAI OP APX $515.00 ADD: 03 HAibDi1EL .1.2' CONTROL. HEAD MIC G67BC G444AE ADD: REMOTE MOUNT MID POWER ADD: APX CONTROL. HEAD SOFTWARE 2f 2g 2h G361AH G51AU G335AW ADD: P25 TRUNKINC SOFTWARE ENH: SMARTZC NE OPERATION APX6500 ADD: ANT 114 WAVE 762-870 MHZ 21 2f B98CR ADD: AUXILIARY SP1R 7.5 WATT GA00580AA ADD: TDMA OPERAT[ON (P25 PHASE 2) $946.00 $ .97.00 $0.00 $300.00 51,200.00 $14.00 $60.00 $450.00 $1,465.00 $0.00 $321.88 $27,820.00 $591.25 $185.83 $0.00 $0.00 $750.00 $8.75 $37.50 $281.25 [TOTAL APX6500 MOBILE 03 HANDHELD CDNTOL HEAD 3 4 8 3 G24AX G24AX $6,126.00 $3,641, 25 $10,923.75 Total Equipment: 9.0 % tax on Equipment Total Equipment and Tax $38,743.75 $3,486.94 $42,230.69 3 Year Warranty Servals from the Start 3 Year Warranty Serve's, from the Start $121.00 $121.00 $121.00 NOT TAXED- $121.00 NOT TAXED Order Total jEquiprrterit, Tax, Warranty): $968.00 5363.00 $43,198,69 Discounted Pricing from San Diego County RCS Contract 0 55a982. ShippIng is included at No Charge. PO% must be made out to Motorola Solutions, INC (not Day Wireless). 74 of 504 FOLSOM-EKE FORD THE FORD. SOURCE 12755 FOLSOM BLVD. • FOLSOM, CA 95630. (916) 353-2000 2017 ORDER 10-12 WEEKS STATE CONTRACT 1015-23-148 K8A 4DR AWD POLICE .112.6" WE G1 SHADOW BLACK 9 CLTH BKTS/VNL R W EBONY BLACK 500A EQUIP GRP .PREM SINGLE CD 99R .3.7L VV6 TIVCT 44C .6—SPD AUTO TRAN 53M SYNC SYSTEM 16D BADGE DELETE 17T CARGO DOME LAMP 18W RR WINDOW DEL 21L FRONT AUX LIGHT 423 CAL EM NOT REQD 43D COURTESY DISABL 51S DUAL LED LAMPS 55B BLIND SPOT INFO 59B KEY CODE B 60R NOISE SUPPRESS 66A FRONT HDLMP PKG .GRILL WIRING 68G RR DR/LK INOP 76R REVERSE SENSING 87R RR VIEW MIR/CAM 90E LH/RH PNLS III 92R SOLAR TINT 2ND 936 CAL SER VEH EXP FLEX —FUEL 153 FRT LICENSE BET DANIEL A RAIMONIN Fleet !nectar PATROL $30,967.00 $ 2,787.03 TAX @ 9% $33,754.03 $ 8.75 CA TIRE FEE $33,762.78, $ 350.00 SHIPPING $34,062.78 DELIVERED (916) 353-2000, Ext. 376 Taft Free 1-800-655-0555 Cep. (916) 825-1622 Fax {916) 353-2078 INCLUDES WHITE ROOF AND 4 DOORS WHITE 3LO2-.7 4.6 i2-0L-tr-37o,tob lob cOv i_:c A's3(01413.0Lf' —ry 8 1J/2016 75 of 504 L�C�GG�II�1 / 11111111111 Delivered as Promised NET 30 DAYS NATIONAL CITY POLICE DEPT o '1200 NATIONAL CITY BLVD p NATIONAL CITYCA 91950 T 4707 Northgate Blvd. Sacramento, CA 95834 Parts Dept. 916-646-6628 Service Dept 916-646-6636 Fax 916-646-6656 ONTRAC ** QUOTATION ** Page 1 Ord # 01 57226 P/0 # 6 PATROL 17 NATIONAL CITY POLICE DEPT H 1200 NATIONAL CITY BLVD p NATIONAL CITY CA 91950 T 0 Br Accnt 00 53595 MM HO 8/05/16 11:28;33 Expires 11/12/2016 001 ;0.02:=. -004 005 006,.. ,.:0Q7,' 00S 009 .012 013 014 016 017 .8.... 020 •021.: 022 :: 023 • 024 ,025 02'7 028 030: 031 ... 6 SE BK2019ITU12 6 101,:.„SAE 15P• :• 05: WH SAI .6 Wit IWSF B.... 6 WH STPKT83 • '6. WH V=609: :`> WR'098 6. wx i 0rrr .. 6 WH IONB •12: WH' T03RO :... .6 Wil E SRHTA 6 LE PKILLMAG 6 SE GK11191B1SSSCA 6 Fa.c- = t : ice: .6..HS .:C: 15. H *1P 6 HS C-EB25-MA5-1P 6 HS C-EB40-CCS-1P.. ... • HH. 04- 2 6..HS' ...C-F.P-1 ...:..:.':. 6 HS C-SM-800 6 HS. C-CUP2,-I, ... 6-IS C-70326 12..MM MIvISU 6 A2 14.0553 6 NS :, - .202` 6 15' C-10-102....: 5 HS C-HDM-401 ,5...HA C= "-::104...... :6..:..4:101.' : • • NMO- DS Part Ordered: ## '0 2 :6. RD -TIRA88.063.: 3 1 26O07..: 034 6 MS DECALS 035 6 LA I 6 P3..cP-V 3 2 • 6 . P3. -A13: v 6 HS DS-PAN-111-1 038 P PB450L4 IONS F STRAP KIT RESD..... •<PVsglxvc .BL F;. : F ION LED.. RBII F ION LED BLUE FC C S PIRE F SIREN PARK KILL F GUN RACK 1B1S :c0t'14 ':I1LIT: :P. E`k_ F FACE PLATE 1 PC F . FACE...PLAT'E.1. PC . P CON,SM,8TMS,ODG F. CON,.ACSY,..CUPHLD._ • :a,AC, aX, 1) F'•- NETIC WIC- KT. .... E 3 ACC P/S • E 'SWING AF ..'WILT' L SUPPORT BRACE DOCKT ..F.COAX• •CABLE. ........ NMO-K--DS PHA M.:LO =P� L20` Kopp DECAL INSTALLATION I :,. A :.........:.... CF31 DOCK SGL 726,0000 20.5 0000 8.00 165f3 . ocrob .: . 4356.00 :1 230<. OQ•. 168.00 9900 00 ` 78 OO: `: 46a.0Q yyy�iy�l�. .,. .pT�� 3.0000 %8.00 120. 6000.. . , 723.60 120.6000 723.60 5.0100 60_12 62a 0000 3750.00: 42.0000 252.00 729.0000 4374.00 31.0000 : 2386.00 109.2100 655.26 35 ..280.0. 211.58 38.64.00 231.84 28.5000 .: 342.00 25.3200 151.92 91.56.00 ;.; 549.36 1.3.E :.:# 801 -36 254.5100: 1587:06: 54.6000 327.60 45.2800 : 77' :58 _.'190:000 31140.00 18.5000. .....111.00 246>.Of 99 66 345.0000 2070.00 195.0000 1170.00 ; 00 1830.00` 7_.. 0 ':.:..:'642_ Q0 735.0000 4410.00 .IVIAtai#413N PARTTWIA VORTMC WNW L5 RAUT'O. COM SALESLLE1z AUTO. COM MIGHT Ws41000 RCYD_ BY: 76 of 504 * CONT I NUED* 0 T D (all=llti 11111111111 Delivered as Promised NET 30 DAYS NATIONAL CITY POLICE DEPT 1200 NATIONAL CITY BLVD NATIONAL CITYCA 91950 4707 Northgate Blvd. Sacramento, CA. 95834 Parts Dept. 916-846-6626 Service Dept 916-646-6636 Fax 916-646-6656 ONTRAC ** QUOTATION ** Ord # 01 57226 P/0 # 6 PATROL 17 s NATIONAL CITY POLICE DEPT P 1200 NATIONAL CITY BLVD I NATIONAL CITY CA 91950 T 0 039 6 HS LPS -104 • ..p..p..,..4.7p.pAppy7.p.;79 -042.- • --6 HS CA101...":•.'" '•• --••• 043 6 SE PK0715ITU12TMSCA PONTOPH: • • • -6 SE" PKO3I6ITU122ND: •-• -12VS*-LEHAN. PART. -- 047 6 SE TK02411TU12 2 DRWR CARGO BX ',134SX:::$401)10. 048 6 SE TPA9289 LOWER RADIO TRY 049 6 SE WK0040ITU12 REAR WINDOW SET :PAR; . 5LB FIRE EXTINGUISHER W/VEll BRACKET 052 6_TA . --114$11ALIAT It* EQUIVOIrairtr.:,:-..- 'STORM. 053 6 P3 CF-3114632U4 CF-31 .,CPU„ , Inte;.C.ore. '" Bluetboth, (-gel:et-table • •• - Carrier (EM7355), GPS, Emissive Backlit Keyboard, No DVD Drive, • .f.Toughbook.:::..preg-erred::::::::bgr3;41t03;cm. .• , •.• ....„ „,:, „.: .... • .. „,. ,• • - . • ..• . . „ Page 2 Br Accnt 00 53595 MM HO 8/05/16 11:28:33 Expires 11/12/2016 • -trIptwop:,-,-.. " • ac P CF31 POWER SPLY -GPS ONLY, pm !IX+ tralg !ROM AugsT 8VS RP 75/25 • 171.8600 1031.16 . 75-0000 45a.00 595,.0900 3570 00 65.9600.- 395.76 699.0000 4194.00 639:. 2000• 3835•.20 167;2000 1001..20 351:2000 2107 959.2000 5755-20 285.6000 1713.60 268.0000 1608.00 S99,2000 2395-20 • 85-021500' 5.2 Ob 2995,0000 17979,00 .tAovlbiAkAiDt6 4800.0000 28800.00 325 120052.26 :Pwrrom CORF TOTAL WWW.LEHRAUTO.COM SALESSIEHRAUTO.COM 1250.00 FRIZIalT i-likkOWNO RCVD. BY: &Nee 10804.70 132106.961 77 of 504 FOLSOM:LAKE FORD THE FORD: SOURCE 12755 FOLSOM BLVD.. FOLSOM, CA 95630. ® (916) 353-2000 2017 ORDER 10-12 WEEKS DANIEL A. RAIMOND! Fleet Director STATE CONTRACT 1-15-23-14B ( () SUPERVISOR K8A 4DR AWD POLICE .112.6" WB G1 SHADOW BLACK 9 CLTH BKTS/VNL R W EBONY BLACK 500A EQUIP GRP .PREM SINGLE CD 99R .3.7L V6 TIVCT 44C .6—SPD AUTO TRAN 53M SYNC SYSTEM 16D BADGE DELETE 17T CARGO DOME LAMP 18W RR WINDOW DEL 21L FRONT AUX LIGHT 423 CAL EM NOT REQD 43D COURTESY DISABL 51S DUAL LED LAMPS 55B BLIND SPOT INFO 59B KEY CODE B 60R NOISE SUPPRESS 66A FRONT HDLMP PKG .GRILL WIRING. 68G RR DR/LK INOP 76R REVERSE SENSING 87R RR VIEW MIR/CAM 90E LH/RH PNLS III 92R SOLAR TINT 2ND 936 CAL SER VEH EXP FLEX —FUEL 153 FRT LICENSE BKT (916) 353-2000, Ext 376 Toll Free 1-8CC-655-0555 Cel3. (916) 825-1622 Fox {9161 353-2078 8/19/2016 $29,867.00 $ 2,688.03 TAX @ 9°Jo $32,555.03 $ 8.75 CA TIRE FEE $32,563.78 $ 350.00 SHIPPING $32,913.78 DELIVERED INCLUDES PANTED WHITE ROOF AND 4 DOORS WHITE E 1.5< i6' Pon-0 $ 7-D' 4q fs LM- 531 4 t�.- 78 of 504 (1;7EY1"220 411111111 Delivered as Promised NET 30 DAYS s 0 L 0 NATIONAL CITY POLICE DEPT 1200 NATIONAL CITY BLVD NATIONAL CITYCA 91950 4707 Northgate Blvd. Sacramento, CA 95834 Parts Deg 916-646-6826 Service Dept 916-646-6636 Fax 916-646-6656 ONTRAC ** QUOTATION ** Page 1 Ord # 01 57259 P/0 * SUPERVISOR NATIONAL CITY POLICE DEPT H 1200 NATIONAL CITY BLVD NATIONAL CITY CA 91950 T 0 Br Accnt 00 53595 MN HO 8/08/16 7:23:16 Expires 11/15/2016 001 1 SE BK2019ITU16 -Nairstzt ' 005 1 WH STPKT83 - -1 WH VTX609B.': 'faritt • 1 WH IONB Z VA" 1GNGR0W - 008- 009 011 012 013 039 Wa 1 LE PKILLMAG 1 HS C-VS-1400- II4UT • 01.4i;".- 0-1414511r4V.6.1P 016 1 HS C-E1340-CCS-1P 017 1 HS C-FP-Z, &18 1 HS: • C.,,SIF4100 020 1 HS C-CUP2-I ,„ 1 HS: 0,070325. 022 2:3ti WSP: Hs:c-ARM-461- 024 1 A2 14.0553 RD. W-K-DS RD titiOSP 027 • ' 1 SL 25007 028 1 MS DECALS - Q29 020 031 032 °33 4 035 036 11/14:. 1' SE 0X1119181SSSCA 1 P3 CF-VDM312U .):1;13-W,MNSAI364a: rt044:4• i HS LPS-104 1 RD AP-51 a PP 63-0112 7 1 us,crsuim -253 1 HS C-HI3M- 20 2 F PB450L4 IONS 726.0000 FHSJAEN SPEAKER-- -- 72600 F STRAP KIT TEX RED : , •:•gi ,VEVatait BLUE •'F ION -LED -RED F ION LED BLUE E ' ; agoeTmiT -,,,..• . ••.•• F • SIREN PARK KILL 42: G0006. ..' - 42.0 T-cAtzcos :g4,rgpg , .,. .. • • ..,-,.......„.., , ;4p015. 6 CON,14",UTILITY 231.0000 231.00 At* .LA.*.gc'' V:, - .:.••• ,......, 7. . . . . ...:60E,I.TME 1-,...E.0 F FACE PLATE 1 PC F FT4T,M,.. 62 :,••• :PLT 1MS- " F CON, ACSY ,CUPHLD coN dkCPX-,,BPX, , 0014.1MIC01A,f F 3 ACC P/5 c9.2)4-9414.4R, :3(40* • st,2071,,w • .• PRQ DECALS :::'-ASTALLATION • F DVD MULTI maw 4GE RAN -s%a • • E CF31 POWER SPLY 78.opo0 - 78.000o 77::0000 120.6000 120.60 120.6000 120.60 0100 625.00 35.2800 ,34.6409- 25.3200 35.28 3844 s7vop: 25.32 18-5000 18.50 41.0000 42.00 99.8600 99.66 345.0000 345.00 195.0000 295.00: 135.2oo 135.20 729.0000 729.00 305.0000 305.00 107-0000 207.00 735.0000 1/5.00 171.8600 171.86 GPS ONLY ANT 7:: 00°0 75.00 -S.Wk -59:-. 1,-0000 POLE,TELE,HDM,8 133.5600 133.56 70TAI3ENIPS •• 004 f.4:Vcw.T • WALLEURAUTO.001 SAFXSOMBRAUTOCOM RCVD. BY: TjI "i4o,=_Awo. TAX 79 of 504 *CONTINUED* dt 81.11111,1 Delivered as Promised NET 30 DAYS s 0 T L. NATIONAL CITY POLICE DEPT 1200 NATIONAL CITY BLVD NATIONAL CITYCA 91950 040 ,041 942 043 4707 Northgate Blvd. Sacramento, CA 95834 Parts Dept. 916-646-6626 Service Dept 916-646-6636 Fax 916-646-6656 ONTRAC ** QUOTATION ** Page 2 0rd # 01 57259 P/0 # SUPERVISOR 8 NATIONAL CITY POLICE DEPT H 1200 NATIONAL CITY BLVD 1 NATIONAL CITY CA 91950 T Br Accnt 00 53595 mm HO 8/08/16 7:2316 Expires 11/15/2016 iart Nurriber,. 1 HS C -MD -102 P-hT,4740-4;. et. 4101' ' 044 1 SE TK0476ITU12 'EJ47 l'SE 048 1 SE PK0316ITU122NEL - . - • EV•41101gslawkV 050 1 LA1 INSTALLATION 2850.0000 2850.00 INSTALLATION OF ABOVE QUOTED EQUIPMENT- CUSTOMER TO PROVIDE RADIO :1..--.V3,-cp414463201,! 1•014v. (V0400 .PrO,:-C.04.):4 Core, Touch, 4GB, 500GB(7200rpm), Intel WiFi a/b/g/n/ac, TPM, Bluetooth, - -$44g;0- _ to1L0*.ot: Preferred ! . s.crxp 264.5100 264.51 64-6000 64-60 46 2800 46.28 190.0000 190 . 399.2000 399.20 -959.2000 959'. 20 1285..6 NO 28$ 60 268.0000 268:0D 351.2000 351.20 85_0000 85.00 F SWING ARM W/TLT R. 'SUPPORT BRACE .F'V44ADR,DEvM2,, • DocK MASTER - CARGO DECK&TRAY '2 M_ _CAROO_BX OWER RADIO T,41! SUMP, MINN* SET F 12VS LEXAN PART =EC PART . 53 18576.56 250.00 1671.89 _ TQTAL IJNAT 1 : ' PNwPaTAL • 1 . DP-RE-WM : PRSISHT . : A. 471A.140LEA07-7-1 cilliSti :TAX. WWW.LEHRAUTO.COM SALESOLEHRAUTO.COM 80 of 504 w p▪ m FOLSOM LAKE FORD :, FORD.SOURCE 12755 FOLSOM BLVD. 0 FOLSOM, CA 95630- . (916) 353-2000 2017 ORDER-12-14 WEEKS STATE CONTRACT 1-15-23-14B K8A 4DR AWD POLICE .112.6" WB G1 SHADOW BLACK 9 CLTH BKTS/VNL R W EBONY BLACK 500A EQUIP GRP . PREM SINGLE CD 99R .3.7L V6 TIVCT 44C .6—SPD AUTO TRAN 53M SYNC SYSTEM 16D BADGE DELETE 17T CARGO DOME LAMP 21L FRONT AUX LIGHT 423 CAL EM NOT REQD 43D COURTESY DISABL 51S DUAL LED LAMPS 55B BLIND SPOT INFO 5 9B KEY CODE B 60R NOISE SUPPRESS 66A FRONT HDLMP PKG . GRILL WIRING 76R REVERSE SENSING 87R RR VIEW MIR/CAM 90E LH/RH PNLS III 92R SOLAR TINT 2ND 936 CAL SER VEH EXP FLEX -FUEL 153 FRT LICENSE BHT DANIEL A RAIM1MIDl Fleet Dfreclor LIEUTENANT $30,694.00 $ 2,762.46 TX g 9% $33,456.46 $ 8.75 CA TIRE FEE $33,465.21 $ 350.00 SHIPPING $33,815.21 DELIVERED LESS $500.00 DISCOUNT 20 DAY PAYMENT (9161 353-2000, Ext. 37! toff Free 1-800455-055f CoJf. (916) 825-162e Fax (916) 353-2D7E 8/24/2016 81 of 504 MOW 11111111 Deliveredas Promised NET 30 DAYS NATIONAL CITY POLICE DEPT o 1200 NATIONAL CITY BLVD L NATIONAL CITYCA 91950 T 0 4707 Northgate Blvd. Sacramento, CA. 95834 Parts Dept. 916-646-6626 Service Dept 916-646-6636 Fax 916-646-6656 ONTRAC ** QUOTATION ** Page 2 *** DUPLICATE *** Ord # 01 57219 P/0 # LT SUV SLICK NATIONAL CITY POLICE DEPT H 1200 NATIONAL CITY BLVD I NATIONAL CITY CA 91950 0 Br Accnt 00 53595 MM HO 8/09/16 9:44:40 Expires 11/12/2016 Lin ty Part Number Descri.pturn wt-satti. Net V4146: 039 1 CL 4101 • DOCK MASTER 190,0000 igo_nn -040 SE W1(004Q:ITU:1.2 WINDCW SET , 041 1 SE PK0316iTu122ND F 12VS ,riEwy FART 351 200" 042 .4. 1 NS NPNPART 85.0000 • 5LB FIRE EXT W/VEHICLE MOUNT •:•,:.• • 1 P3:,.:CF4.,311432501:::•••-•,. 4800.0000 • '• •••:' PrO'CO?1A), Intel .0r! 5 3-0 On 2 30Gz, VP P:1 -fidn'Adh; 40E,-500GB(7200rpni), WiFi a/b/g/n/aC;. TPM; Bluetooth, Single Pass (Selectable), 4G LTE Multi. Carrier M7355), GPS, Einissive "'. Badk1.1t•Keytioar4.,.• 1,10'pla) Toughb90iPreferred 045. '1 LA1. . * • • INSTALON 34.. 0 LABOR TO INSTALL THE ABOVE QUTOED EQUIPMENT -CUSTOMER TO PROVIDE RADIO NOT YET QUOTED -OR INCLUDED ON THIS ESTIMATE: .**TRUCKVAMT**: * • .• : :'!*Egtt1P .; **FLOOR LIFT** **NO DECALS** Tv -F]:))pr:044,31-1p....1.15g' -00$100...CENTER . Vehicle --Year: 2017.. Top Drawer Locks: Black T-Handle 13ottom.,Drawer.Lock: push..Button,With.....Key.- :6veir4de E• • " . : Black Conitibsite'Dritvet - ' • Exterior Carpet: Grey ..,_Interior Carpet:, Grey. Xami4tic Dry •:EraiieMapZoied " 51 ;TN1 21286.02 • • :PART .TOTAL....... RE TOTAt WAN- LEHRAUTO COM SALESRLEBRAUTO. COM 550.00 82 of 504 Delivered as Promised NET 30 DAYS NATIONAL CITY POLICE DEPT 0 1200 NATIONAL CITY BLVD a NATIONAL CITYCA 91950 T 0 4707 Northgate Blvd. Sacramento, CA 95834 Pats Dept. 916-646-6626 Service Dept 916-646-6636 Fax 916-646-6656 ONTRAC ** QUOTATION ** Page 1 *** DUPLICATE *** Ord # 01 57219 P/0 # LT SUV SLICK NATIONAL CITY POLICE DEPT H 1200 NATIONAL CITY BLVD , NATIONAL CITY CA 91950 T 0 Br Accnt 00 53595 MM HO 8/09/16 9:44:40 Expires 11/12/2016 Nit>, value 001 1 WH SA315P :pp 3 1 WH I3 :.: 004.. 1 ..WiI l DTRA• `S' 005 1 WH IE34UR8 :P06:. `..... <.'.:. . WH VTX O9.R:: 007 t Vt)t5 0.0B:..- .2 WH IONR`._. 009 2 WH IONB et: tic:.. 0111 WHTC 7s.. • 012 2 WH TCRB34 013 1 WH CCSRNTA3 LE. PKII: { 15 1 .ItS :C-VZ-14 .04a 016 1 HS C-EB15-11LN--1P 017 1 HS C-EB- 25-NA5IP 01.9. .1 . HS..0 Pr2 .. ':.. .. :.: 020 1 HS C-EP-1 .02] ... .. 1 HS ....C:-SM-800.: 02- ° HS: Cr-i 10.1, 024 1 A2 14.0553 02'S .., 1. RD 026 1:. RD.:T;8063' 027 .. 3 SL 25007.:... . 028 1 P3 CF-VDM312U 0r a ed 1p:..04141,00.$40 1...HS .iDS= .AI+i-.111-1...:. 1 HS LPS-104 RD :-4.r-evs3rfrws2 9 1 HS C-HDM-153 1 HS C-HDM-202 1, . £G�'-i�����yy-I0`2,' .• K-FI�+.N .: 1._ :. 1 HS C-ADP-104 F SIREN SPEAKER F., . SPEC BRACKET DUO XLP UT IL I WE CAN I TX DUO s. HOUSING IN/EDGE F: VERTEX : RED F VERTEX F ION .. LED RED F ION LED BLUE .5*MRf :. TRACER MNT.KIT F CENCOM SAFE IRE .E 61REN :PARK . Kx CO�.14;,UTL1TY. F FACE PLATE 1 PC F FACE...�LATE.. 1 .PC FAIR FLAB PLT,1MS, F CON R;S.M ,..8TMS .. ODEG.. . 1 i E I.0 . IC : :.F. 'ARM REST F 3 ACC P/3 COAX:, CABLE .: • SL2OXP witi t' F DVD MULTI DRIVE ::VD[32ii. CF31•DOCK . •6GL• F CF31 POWER SPLY BPS : A F FLOOR MOUNT F POLE ,TELE,HDM,8 SURT. BRA F FKDADP , DEVMT , DO 205.0000 205.00 28 .000:0.: 28, Obi 1237 6000,. 12.37 60: 1104 .6000 .:: - 1104.60 78r 000Q 120.6000 120.6000 927 5000 28.0000 625.0000 42 0000 231.0000 109 .2100. 28 5000 62.0000 25 , 3200 18 „ 5 00 41 ..0000'i; :. 99.6600 .... 305.0000 1,07 O000 732.0000 142.0000 7,5 . moo 595:000:. 91.5500 133.5600 :5.4... 5000''. 46.2800 8 00. 78.00 241.20 241.20 10-02 1855.00 56.00 625.00 42.00. 2231.00 10.9..21. 57 00 62.00 25.32 18.50 41.00 99.66: 305.00 107 .:00' 732.0o 142.00 75.00 95.00 91.56 133.56 254. ti 46.28 I?ASTTOTAi,... thlrvw. L trso. COM SALE5@LEIRAUTo. Corr H1t1 N5a . HCvo. BY: 1111ER 83 of 504 *CONTINUED* 17_3 Jr� f it � t r� l 1� VEHICLE BUILD SHEET Sales Order Number(s) 01.57219 Customer Name: National City PD Customer Contact Chris Cameo' Phone Number: Fax Number iE-mail: ccarneonC?nationafdtyncaaov Mike Mcgee !Sales Contact Phi rvu' A Date E 91812016 1; Revision f Delivery Date/ TM Vehicle Make. Ford I Color (Black Vehicle Model. Utility Vehicle Year: 2017 Total # of Units: Comments: VEHICLE POWER Power Harness YES x PART 4! NOTES! CUSTOMER OWNED? Timer X 2 hrs :- RONT MOUNTED EQUIPMENT Wig Wag Flasher YES X ACTIVATION Level 3 PI( DS COLOR White PS COLOR PART 4! NOTES! CUSTOM R OWNED? White OEM Factory Fog Light Housing Lights X Level 3 Red Blue OEM Visor Lights X Level 2 Red Blue INNER EDGE DUO Siren S-eaker X Level 3 PK REAR MOUNTED EQUIPMENT Upper Rear Window LED' s YES X ACTIVATION Level 1 DS COLOR Red PS COLOR PART n. NOTES; CUSTOMER OWNED? Blue REAR INNER EDGE R/A/B Reverse LightLED'S X Level 1 Red Blue Li tGate/TailGate Interio ROOF MOUNTED EQUIPMENT Radio 1-Antenna Location X YES X Level 1 ACTIVATION 'E-1 n A1:::FAtt Red Blue PART m! NOTE SI CUSTOMER DWNED?• RADIO Other- Antenna Location X SEE DIAGRAM GPS SIDE MOUNTED EQUIPMENT TRACER DRIVER YES X ACTIVATION DS COLOR PS COLOR PART it 1 NOTES; CUSTOMER OWNED? REDIWW ITE TRACER PASSENGER X BLUE/WHITE C PILLAR X IONS OFFICER AREA YES WIRED PART K! NOTES i CUSTOMER OWNED?' Console X Floor Plate Kit X OEM Cup Holder X Arne Rest X Mic Clip X MMUS1 Power Port X Timed 1 Flashlht MDT Make/Model X YES X Timed WIRED PART # I NOTES i CUSTOMER OWNED? Constant CF-31 Docking Station X Constant DS-PAN-111.1 GPS Antenna CONTROLS Lighting Controller X YES X SEE DIAGRAM WIRED PART 41 NOTES i CUSTOMER OWNED? Timed • Park (Gil X Hom Ring Transfer X Front Flash DlsablelPark Kill RADIO( Make/Model X YES X WIRED CON'=IG. PART !1NOTES tCUSTOMER OWNED? Constant Two -Piece Antenna Location X _Ei i.;a1 t.n RADIO Re -Broadcast X Select 1 Mic CH. CARGO AREA Command Box X YES X PART tt! NOTES t CUSTOMER OWNED? TRUCKVAULT-WITH GUN STORAGE WOULD YOU LIKE THE OEM EQUIPMENT THAT IS REMOVED RETURNED TO YOU? Select CONSOLE LAYOUT 1"i9TH FACEPLATE MODEL NUMBERS: 1" SLIDE SWITCH CONFIGURATION: /REAR VERTEX ;-' �: '•S U-ilia L . 84 of 504 1 t t VOWING rIMWiL 11110 111 )JA 1'411./eT 111., j�w,ur Icmtu rWp�a a Olga'� = 1 WA4� i ,1.. I.SAfWlAi . aw HORN taih 1 LUC., 110148 : ANTENNA LAYOUT WI .I MEASEME T 1 1�1.AlN ti1M 85 of 504 MAKE: Ford MODEL: Explorer Hatchback YEARS: 2017 DOORS: 4 REAR DOOR OPENING: REAR AIR: NA SPARE TIRE: No Access STYLE: TRUCKVAULT INFORMATION STOCK CODE #: C-FDEXRN4-11 P-PS a77J8 40 34 2 L FILE A. 1 B 291JB 90 149 Pop -Up Magnetic if Dry Erase � Map Board II II IRI7F WITHOUT WINGS: SIZE WITH WINGS: OVERALL HEIGHT: WEIGHT: 30 1/8L x 40W 301/8L_X 40W :27 7/8 322 DRAWER CLEARANCE: DRAWER LENGTH: DRAWER WIDTH: DIAGONAL: A. 10 : , C: A 3r8 D: 10 i!$ A,B,C: 26 7/8 D: 27 3/4 A: 10 1/4 B,C:19 7/8 D: 36 3/4 D:46 GENERAL INFORMATION This TruckVault must be moved to access the spare tire. Customer Signature: ElliMIRTAT I - 1 4/20/2015 DAM Years 2011- (800) 967-8107 {360) 855-2239 (fax) www.truckvault.com TruckVault Inc. PO Box 734 211 Township Street Sedro Woolley WA 98284 86 of 504 © 2015 TruckVauft Inc 4 •• C. • • -.. _ i�� 60 Y • ma i• r ti i . s 1 s l,b017 0 •• w._s ys1a~ �_ _ :;0 :.I:.l•:::: ism •, i,v :1t 87 of 504 Folic E A' '• ......................... • • • • fit► - 046i r►r l ►l Oft � • MN 416-�►. iii.- y►►a a•►ft• ate• a a + a ��;` a♦ = �aa�.. -tea This feature allows you to leave the engine ronnirrii i g_"+r tf l}- to i lrilKe6,ltt;cu'i ed use when outsFde of your vehicle. Allows the key to be rornoved from Swtching the System On: �•.��o•�'�i�����;1z1 ►������_� _�_ • With your vehicle running and the trari;smitt on in part TPA, p``ress the button on tt e instrument pallet. A warning lamp illuminates to confirm the system is on • Switch 1he ignition off and remove the key. When the system is on: • The power windows are disabled and the windows remain in their current state. • The power door locks are disabled and all doors remain in their current locking state.. Note: The doors can be unlocked with the key bide • e • The liftgate or luggage compartment does not open hLFr can be open d with.tll. Rey.44* •ice. ♦l1b0 l'•46O To Switch the System Off: *� e * o a •„ a� a :.. •�� The system can be switched '-off' by doing any of the Following: a e • 0 • • ♦.a w • �• • .i► • Inserting the key and switching the ignition to the run position. a, • • • • • • • • • • so Pall, • Pressing the button .on the instrument panel- *► 4.4 -.d _= , • ••• • 0 • • q v • �+ , Note. if you switch the system off i' erore switci�irrg Mb goitg 4i • • • • • • • • • e . ••••r•r••• ••••4ft.sw your vehicle Sh iS dovvr: . • Q o • • • • 41. • • • • • • • • • • e> Jt4s•e••••••0 ••i•+i•• •••isob tta S0•i••••••• •••i ��•••••d*�, Option Code: '� O.4••••ri•••• .... i :�••••••is� (47A) ,. w•®•••••••0•• •• lb ° 1►•••••g�•i•iii • ii:�•�i�04` -i'u rQ' ,��n'-� ,r r r .- ;<gvrr!acF =_ubj�d -� _'rt; -�� -1 „Tr •;rnr dE .,nrc. J.ltltMv? YI ,frlil r� "_ �. t.; 0::�til9�I 6n• � � l*[Furth., 88 of 504 Front Intano�.y. r5 K • 4 4 ab ..• as 7► �!�.` 016 +.►`�� fir"`",', -"' ��- ":' � _ -- - - Take, on a sfe21Uh appearance wiih this io ;Orofir fo; Alt r r " firidF lelci Warning Li jhtq _ Ma"' .11 • The interior visor fight is a super low -profile warning right Integrated into the top of the windshield • New interior visor light to provide. a covert Feature for 'agency i patrol vehioles • Dark shade band at the top of the windshield is replaced by clear glass when the visor light is ordered. providing superior color visibility and brightness. • The interior visor light comes with a limited warranty and maintains the spacious interior feel that many agencies love about the latest generation of Ford Police Interceptors • ' then activated, the interior visor light flashes bright, aItcrnotrrigt r+-H d and : bluo bars on the top of the windshield and can be,,progranmied for , red/red c,r bruerhue operation tion •• - w v F • The visor light also features bright white "-take down" and "scene • cepabiliti s, which give excellent forward visibility, aril can l_e.set up to meet California Title 13 regulations. ,. . ;r, -- • as The visor light can also be programmed fronn fill intensity el ii°rft62 . 341 • as needs dictate. met g •.••• • Option. Code: tA • r f • l+V 2� }�fi>.••••••••�i • re turc<, ontivas rid n7:3I-I n :omens E1ibject to :Fan-e PFea:.e cheok wcal.—MOW ite+.G' a �i + yi r i7�f y• ,4>2 ,:tj••*••••••• 1,) ••,•W••••••• - • ••••••• 1111 3 Tom••••••••• z. q 41' ale Wm 416..+i - 'i•••••••411!••• .. ••••••••••• •••••••••••♦•% ••••••1110410'�� •� • ve,In rr7eptr. rlfili v Only ••••••••F••4 ••••• lb. fib fib . - •• fib •••••••qe ••a •••••••••lagb .1••••••••4t- !Anus.. 89 of 504 Le Le Tested and moots the requirement's of 111,1 Standard a10801 Level i !` ,3L7-U6 P,..12 AP 166gr (7,62 x 63 A,P1 12 10 41.1 i t, ice . Designed towithstand special threat rounds: ;VI.. ;� . . ,�, 7.62 x ,4f ILP 9, M-'5ci ' - - + w�._ " 4 7. 2 x 51 rnrn M 1 9. 5g: (,308 ' ',frnchester 150. gr ', h%. Iri addition, Lovcl IV induriesall of the NIJ Level Ill and LAPD rounds listed below: - _ fa gift " T. rt /* r r Qs Per L PC requirements, they're also designed l+ wlthstand'speci l thereat rounds. - ! .[ 2 x 39 rnm MSC 7 :9q Tyree 5i.;) - 5.56x45n-nM193336g - 5. 6x45mm M8554g Mho ien, 1 111. `. i_1. ` `ice i� ! ` _ ! ' a s4 :� � '�� is r Q 7 • • 1:10Sso4, Note: This action was made vailabre for produdi n on • • 201 MY Police Interceptors boginnrng March 15, 2016 • --w y y•ifr•••••• • ••••••••• ••• v llr'; Driver red GF •_ a►i•4••••••••• veE FV ; Dri,rr,�Pssrlr Side BOG +^ sr • '•II• • • • • • • • • • , • •• fi A••••••• • rr;ip; epii.l+s-r711 zt:� r, __,Iner l _ubJed is _h'rr�a �!ea.E ! N t:.� WIlt1 yyolirdeabr ar!innletatr iC'olalr u 4 i r• -Jorean r n� r••••••••�•®•�Il►���'_,,, ••••••••••••�' •••••••�•MI•�br•4� •••••••••+�•••••sl®a'�� ••i ••�!•••4''0 ••••••••••••BOO �.. • .••••••111110bl •r•••••••••+•• 116•••••••••0 s •••••+•• Oiligbelfgb Op F, hrr 91 of 504 17M D . 2016MY _.:/...5.1,4ENT.MODE ._.........„:-.....:-_...::::;.....:.:...:-........_-,....:::::::..:::::...:::::::::_...--___ ..... _ ___.„-_-__..,-_,-.._-:,....„--,.,...„ w • • �� �.o'ifr� aired 7gO'lfi s `1+ �� ‘� I Base Palace F Inc ia�ali y 4. _ s_ „el. � ���. Base Police a Functionality (configured �rree� ? (7 � std.) No Locking Horn Feedback '� ` �." % 4 �� o_ No Locking Horn Feedback No Locking Light Feedback , - ;, :„' ,. �.,;� No LockingLight Feedback No Uri -Locking Light Feedback ,» q• -5 , +►�++`.� 9 +, � No Uri -Locking Light Frail ck i 46,416 .� -i.i Dark Car Feature;Uva r rc'c�c cl c o14 eioo sue. if DRLs not ordered: No change vs. 2016MY . CourtesyLi• hls OFF - y♦"A '4i• i ✓ Welcome/Fgr�z':^ a •�M h* ��' • „et if �1R�, ordered:order Silent Mode only II OFF e• •. ilk • Ability To Turn OFF Cluster/Center ` t ck s •Co:-: l ilew�t Mode a vvben €�, blec! Lighting Via Dininio=r s^��itl:h , 1. * d r C Guuil1 I1 ii-igiik OFF w r�s .o a 41 7 O p • .,r 'W :I'.',�'ir_�IFr rr�,�.re Jt OFF el • a ` . Ability Try Tclin OFF Gi ter/Center Stack t_ivvtinti Daytime Running Lights Always One , , e► 4f Vin L)irrimeL S.,Nitc h ,m,40+Jwes" .• (if equipped) I L.n u5r1. Dr- nr' n F: ;l nryk,iyh._iL t ' 10.[ti.:;r:aE - ( `3*••••0 tt -ar! 00•0000 D ••••••• • • 11,0•••••••• ,f>00•••••••• q i 144412,O0000000 3o•0elk •o fPLs=OFF, E Canada=ON) • ® • •411 •_O,. • • a • • r • • rihlMflb IND••••••a 1.c.. ti�•iio•+ 0111 o •••••••e•1 •••"Oft it Pr• a c a r,m+i^ P V''i. r U.- IIn-t- f 7Aji ll.roinkrafl fi"P 1 L'. 2 n ry eel ••o••• + el* ••••••*t •- 411111111061111 Taft goo BeFurMta 92 of 504 e41Jl J reZatil 4ii0i ,i•+•+ i•• •• • ••• •••041111! _ib`r•r•••• Ito • as d d 11111 II .Z. epolN IUO TOS8 1 ainI!O 5>- 3 JUqUGALJOQ � Il•� ;}�l �C��.9��a1 �fq� UI'ir�5 �� is ;�'� rt_.r„qp7. sucip6isaxips°aj epc J LIC'iTdO Ivan 0 a Cr) O) The Power Dis1ri «��a.la.4bar - •rrwww��-� ria21srr •••rr�\\� `�� �.yi—w+rs rrr aw w\\r :�= �. 1 +-� r•rq►f ww �•Mw :.:0:: _ _ _ Power ~ __ � �____�:�: iwr � 1 - �- 44 \ r\ \\` := \ 1 \ . ON. •••,„ .106 ',... . ..:::".-1c...Z ............• ... ••• ••••• 4E. ND ••• .• - :::-..:. m... L�l�kwon I_rur has been rop� sitrOne t t' i' Il � � _ fi� tiro ��_` —� - 9 i • • Previous location liAii@5 0n passer a; er side, rear qar p`ar :i.•" behind lender vrall - A& �41/4 .. a ~ . _. 4�` s , l" ,r ,,te • New location is now behind grid row pins,qenger Safe fli5ortiotrrd • Standard Police future • Police Intercepter Utility Only Note: This action was implemented on 201 Utility models late Nov/Dec 2015 Standard Equipment a Police Interceptor *.r 4t9♦••4iso. ell al 913 =� ti• e•oa .",♦bIP s 011000 rep • C C O•`•••• ''* 4 •. •e••••• 0., fro •0 • • S • • .•040041••••••• . o_•+••••••• floor panel at+cess To rear passengr side of vehicle Power Lug set into position (red box), behind 2^d row passenger side floorboard To fTwrt passenger 51de ❑ vehicle 2rd row passenger seatback �a ii •••• rn..h o r_F.e chcch ni m i,„i,r DelQC[r Asa" r9'r' vl i7 J T"E Canaugg'1S eta•Q!�` �i- 94 of 504 Cn 0 Cn 0 Standard Equipment P71 Icralert under floor f!:1nel aece5s carKL` r'eF�1 14i ?rrr i'v Fta1urt,t. oG1i r . ni p,'t 4.y 3P r6rl'r1 ;,I Tr: r.l 1c (l�[i1.7e Back side of 2nd row seat (pass side ) • st- 4110411000 .-t •M11.••••• .. 'ti ••••••••• a!# •;••••••••• •e •••••••••••• Apt F'1 .co iJ rrh ',our kap f`l, 0w01411"IJ tere • bey v, R. 1- ____,:_-_,..,_ ... - f ._ --...,__r,......-_,:7:771::::.....:: ...... .....- .... -: z :: ..P::. : .i t5 e.:,_ . .: 1.• qb,..b..41i. llbq'b;bIC:11ii:;C"'"hZZI*::b"-. t7.4.;%7ZZ....."..i.-Z11 ..'" ...,.." +:".` •...... '7= • ������R��~���ti��'77. S�Ci � t Dome [� 8 "o LED . � ��<Zi� Mote_ Tdis; action'u''ias irnn„plementer! on 2016 Po'li c 1nt+3rcoptor5 mod `rts in r;3 e Nov/Dec 2015 Front Row - Standard rd Cargo Area— O.ption 17T ! oail.r':Mk' ::,ft,lt ij:L 1.,041'i Wad" he drY••111M•••••irrrr Ille"111011101.1/061114b 1 ,NV.I1L _ V I.iINI`ere 96 of 504 Build Your Nissan Nissan USA SUMMARY & DEALER CONTACT CURRENT DEALER None Selected Page 1 of 6 VERSION i 2016 Nissan Altima® 3. R ( i) 11 16, $27 990 EXTERIOR COLOR in Deep Blue Pearl pli fotw-r NM INTERIOR COLORMill Charcoal Sport Cloth C/0/0, i et. PACKAGES ; None Selected - ACCESSORIES None Selected - OTHER Destination & Handling $835 Standard Features MECHANICAL Engine VQ35DE — 3.5-filter DOHC 24-vain Va F�. Build Total: $28,825 3 a,�3 Horsepower— 270 hp at 8,400 rpm Torque — 251 fib-tt Q 4,400 rpm Continuously Variable Vaive Timing Control System (CVTCS) on intake valves Variable induction system Electronic drive -by -wire throttle Drivetrain Front enginelfront wheel drive Xtronic CVT® (Continuously Variable Transmission) Paddle shifters and manual shift mode http;l/www.nissanusa.comlbuildyournissanl: 97 of 504 rdalSummaryPrint 7/13/2016 Build Your Nissan Nissan USA Page 3 of 6 INTERIOR Bluetooth® Hands -free Phone System [8] Air conditioning In -cabin microfilter Power windows with one -touch driver -side auto-up/down with auto -reverse Power door !ocks with auto -locking feature Remote keyless entry Nissan. Intelligent Key® Push Button Ignition Remote trunk release Cruise control with steering wheel -mounted controls Fine Vision electroluminescent gauges Tilt and telescoping steering column Variable intermittent speed -sensitive flat -blade windshield wipers Sun visors with Illuminated vanity mirrors and extensions Digital clock (in radio) Map lights and rear reading lights Overhead sunglasses holder Lockable glove box Duel -level center console Four cup holders Front/rear door map pockets with bottle holders Driver seatback pocket Front -passenger seatback pocket Height -adjustable 3-point front seat belts 12 volt DC power outlets (two) Retained accessary power and battery saver SeatinglAppointments 8-way power adjustable driver's seat with power lumbar support 2-way drivers power adjustable lumbar support Cloth seat trim Leather -wrapped steering wheel http://www.nissanusa.comlbuildyournissanlh 98 of 504 dalSummaryPrint 7/13/2016 Build Your Nissan l Nissan USA Page 5 of 6 SECURITY Nissan Vehicle Immobilizer System Vehicle Security System DIMENSIONS Exterior (inches) Wheelbase 109.3 Overall length 191.9 Overall width 72.0 Overall height 57.9 Tract width 62.0 Interior (inches) Head room without moonroof (front/rear) 40.0137.1 Head room with moonroof (front/rear) N/A Leg room (front/rear) 45.0/36.1 Hip room (front/rear) 54.0/52.1 Shoulder room (front/rear) 56.4/56.4 CAPACITIES Seating capacity 5 Interior passenger volume without moonroof (cu. ft.) 101.9 Interior passenger volume with rnoonroof (cu. ft.) NIA Cargo capacity (cu. ft.) [15] 15.4 Fuel Tank (gals.) 18.0 CURB WEIGHTS Curb Weights Base total (Ibs.) 3,412 FUEL ECONOMY Xtronic CVT® [16j 32 Highway 22 City [1j Late Availability [2] Use the text messaging feature after stopping your vehicle in a safe location. If you have to use the feature while driving, exercise extreme caution at all times so full attention may be given to vehicle operation. Compatible smartphone required. Text rates and/or data usage may apply. [3] http://www.nissanusa.comlbuildyournissan/; 99 of 504 )dalSunimaryPrint 7/13/2016 Tactical Security Lockbox Page 1 of 5 sF,hgijs,,Fff 'Ihhrer',, PRODUCTS (http://www.tuffyproducts.com/) Shopping Cart (0) (shoppingcart.aspx) Go To Entry Page(http://www.tuffyproducts.comisp!ash.htm) CALL FREE 800.348.8339 (/t-contact.aspx) (http:l/www.facebook.com/tuffyproducts) (https://twitter.corn/#!/tuffyproducts)3 (http://www.youtube.com/user/TuffySecurityProduct) GS (https://www.gsaadvantage.gov/advantage/contractor/contractor_detaii.do? mapName=/catalog/product_detail&oid=854748350&contractNumber=GS-30E- 0031 V&itemNumber=303-01) Shop by Vehicle Select make... 'Choose Modei.. v 'Choose Year..;! PRO Home (default.aspx) Portable Security (1a84-portable-security.aspx) — 20"W x 36"L x 9"H - Tactical Security Lockbox 20"W x 36"L x 9"H - Tactical Security Lockbox https://www.pro.tufryproducts.comlp-287-2 100 of 504 h-tactical-security-lockbox.aspx 8/18/2016 Tactical Security Lockbox Page 3 of 5 Combination push lt JLten Lock enables keyless entry Convenient access window anabihn.g auttlorkzed users to quickly change oambina11on push button lock rode for keyless entry v tthc J1 requiring any tat; discsscrnbty. Heavy duty stamped ill) tot additional top structural support Chick access cable seating mechanism is included ore both sides for 11e04b sty .n securing the lockbox to the vehicle (o:atilt and paaltz.a rtot:new:ea) Paterted Anti twist push button lock mechanism features a 10 tumbler doable bitted security key ttiroth btnll in weather seals Gas Shut mounting points are reversible enabling kf convenient access from either side of the Zack box Inside bottom and tufts arc lined 'met carpet to custvon contents Patented Pry -Guard Sl vvlceag sy e n with a 1 a4' thiek steal latch which enables the luckitax to be latched closed When the I:d is closed, this tab blocks the quick aet72ss lever from pivot:rg • Fab•'_ac welded 18 gauge steel during a break-in attaernpt - -.')urabTe pc- der coal tKath construction • Combination push button lock enables keyless entry. Convenient access window enabling authorized users to quickly change combination push button lock code for keyless entry without requiring any lock disassembly. • Gas strut supports lid open and mounting points are reversible enabling convenient access from either side of the lock box. • Inside bottom and sides are lined with carpet to cushion Contents • Quick access cable securing mechanism is included on both sides for flexibility in securing the lockbox to the vehicle (cable not included) • Tab-Ioc welded 16 gauge steel construction ▪ Durable powder coat finish • Heavy duty Stamped rib for additional top structural support • When the lid is closed, this Tab blocks the Quick access lever from pivoting during a break-in attempt • Patented Pry -Guard II locking system with a 1/4" thick steel latch which enables the lockbox to be latched closed Combine Your Purchase With https://www.pro.tuffyproducts.com/p-287-2 tuffyproducts.com/p-287-2 101 of 504 h-tactical-security-lockbox.aspx 8/18/2016 Tactical Security Lockbox Page 5 of 5 Tuffy Patents (t-patents.aspx) FAQ's (t-faq.aspx) Contact Info Tuffy Security Products, Inc. 25733 Road H Cortez, CO 81321 800.348.8339 Email Us (t-contact.aspx) Search... Copyright© tuffyproducts.com 1989-2015. All Rights Reserved. Go https://www.pro.tuffyproducts.com/p-287-2 102 of 504 h-tactical-security-lockbox.aspx 8/18/2016 err f1114 1 11111111 Delivered as Promised NET 30 DAYS NATIONAL CITY POLICE DEPT 0 1200 NATIONAL CITY BLVD p NATIONAL CITYCA 91950 T 0 1370 North McCan Street Anaheim, CA 92806 Phone. 714-988-4830 Fax 714-414-0244 ONTRAC ** QUOTATION ** *** DUPLICATE *** Ord # 03 02407 P/0 # ALTIMA #2 s NATIONAL CITY POLICE DEPT H 1200 NATIONAL CITY BLVD P NATIONAL CITY CA 91950 T 0 Page 1 Br Accnt 00 53595 MM HO 8/18/16 15:17:13 Expires 11/25/2016 Qty • Past Nbex E Description . Wt. Eaz h Value 001 1 TF 253-01 002.:.......1 .TF 879-:3 7.5-072-01.. Part Ordered 003 . . 1 WH VTX6O9D . 004 1 WH VTX609E 005.. ,. . 2 ..,WH: VTX&09R:. 006 1 WH Ivy 007 . .. - -1 WH I ONB . . . 008 1 WH IONJ - 009 1 ' WH . ALPHASL 0:14 I WN ALPHAS' 011 1 WH SA315P 012 1 WH SAKI cal. 1 MS. INSTALL, KIT 014.. 3 LA Y TAC LOCK BOX ,..LOOPED.; ENTD CAB10' 8717375- 072-0 F' `VERTEX S'LT : R/W F VERTEX SPLT B/W F VERTEX.RE3... ..... F ION LED F _ION LED -BLUE ..... . F ION LED REB/BLU F ALPHA SL SIREN F MOM 5 SWITCH F SIREN SPEAKER F SPEAKER BRACKET 'i1'xMINAL, EC4T.n IMSTALIATIO 445.0000 18..0000 445.00 .8.00 85.0000 . '85.00 85.0000 85.00 78.0000 . . _ 156.00 120-6000: 120. 6000 120.6000 178 0000 65.1000 205.0000 28.0000 . : 150. 0000 L3.50 0000. 1;0.60: 120.6.0 120.60 17800 65.10 205.00 28.00 150.00 1350 00 15 1 3126.90 I i0YAL UNJ?S PARiItiTAt TOTAL WWW.LEHRAUTO.COM SALES@IERAVTO. corer 40.00 RCVD. BY: 281.42 3448.32 103 of 504 Build Your Nissan Nissan USA Page 1 of 6 SUMMARY & DEALER CONTACT CURRENT DEALER None Selected VERSION 2016 Nissan Altimam 3. R EXTERIOR COLOR Deep Blue Pearl 6411161 CkaaINTERIOR COLOR __ Charcoal Sport Cloth PACKAGES ACCESSORIES OTHER os4q.ct4v1/4k 011016 $27,990 None Selected None Selected N/C Destination & Handling $835 Standard Features MECHANICAL Engine VQ35DE — 3.5-biter OHO 24-valve V6 Horsepower-270 hp i 6,400 rpm Torque— 251 lb-ft @ 4,400 rpm Continuously Variable Valve Timing Control System (CVTCS) on intake valves Variable induction system Electronic drive -by -wire throttle Drivetrain Front engineltront-wheel drive Xtronic CVT® (Continuously Variable Transmission) Paddle shifters and manual shift mode Build Total: $28.825 'g http://www.nissanusa.cornlbuildyournissanlsi 104 of 504 a1SummaryPrint 7/13/2016 Build Your Nissan Nissan USA Page 3 of 6 INTERIOR Bluetooth® Hands -free Phone System [6] Air conditioning In -cabin microfilter Power windows with one -touch driver -side auto-up/down with auto -reverse Power door locks with auto -locking feature Remote keyless entry Nissan intelligent Key® Push Button Ignition Remote trunk release Cruise control with steering wheel -mounted controls Fine Vision electroluminescent gauges Tilt and telescoping steering column Variable intermittent speed -sensitive flat -blade windshield wipers Sun visors with illuminated vanity mirrors and extensions Digital clock (in radio) Map lights and rear reading lights Overhead sunglasses holder Lockable glove box Dual -level uerrier console Four cup holders Front/rear door map pockets with bottle holders Driver seatback pocket Front -passenger seatback pocket Height -adjustable 3-point front seat belts 12-volt DC power outlets (two) Retained accessory power and battery saver Seating/Appointments El -way power adjustable driver's seat with power lumbar support 2-way driver's power adjustable lumbar support Cloth seat trim Leather -wrapped steering wheel http://www.nissanusa.comibuildyournissan/sL 105 of 504 11SummaryPrint 7/13/2016 Build Your Nissan I Nissan USA Page 5 of 6 SECURITY Nissan Vehicle Immobilizer System Vehicle Security System DIMENSIONS Exterior (inches) Wheelbase 109.3 Overall length 191 9 Overall width 72.0 Overall height 57.9 Track width 62.0 Interior (inches) Head room without moonroof (front/rear) 40.0/37.1 Head room with moonroof (front/rear) N/A Leg room (front/rear) 45.0/36.1 Hip room (frontirear) 54.0/52.1 Shoulder room (front/rear) 56.4/56.4 CAPAC[TIES Seating capacity 5 Interior passenger volume without moonroof (cu. ft.) 101.9 Interior passenger volume with moonroof (cu. ft.) NIA Cargo capacity (cu. ft.) [151 1 4 Fuel Tank (gals.) 18.0 CURB WEIGHTS Curb Weights Base total (IUs.) FUEL ECONOMY Xtronic CVT® [16] 3,412 32 Highway 22 City [1] Late Availability [2] Use the text messaging feature after stopping your vehicle in a safe location. If you have to use the feature while driving, exercise extreme caution at all times so full attention may be given to vehicle operation. Compatible smerlphone required. Text rates andlor data usage may apply. [3] http://www.nissanusa.comlbuildyaurnissanlsi. 106 of 504 alSummaryPrint 7/13/2016 Tactical Security Lockbox Page 1 of 5 s11181s171ff Flh,J7grhg, PRODUCTS (http:f/www.tuffyproducts.com/) Sr Shopping Cart (0) (shoppingcart.aspx) Go To Entry Page(http://www.tuffyproducts.com/splash.htm) CALL FREE 800.348.8339 (it-contact.aspx) (http://www.facebook.com/tuffyproducts) (https://twitter.com/#!Ituffyproducts) (http://www.youtube.comluser/TuffySecurityProduct) (https://www.gsaadvantage. gov/advantage/contractor/co ntractor_detail.do? mapName=lcatalog/product_detail&oid=854748350&contractNumber=GS-30E- 0031 V&item Number=303-01) Shop by Vehicle Select Make... 7 'Choose Model.. v r..ti Choose Year..; v PRO Horne (default.aspx) —F Portable Security (lc-84-portable-security.aspx) — 20"W x 3fi"L x 9"H - Tactical Security Lockbox 20"W x 36"L x 9"H - Tactical Security Lockbox https://www.pro.tuffyproducts.com/p-287-20 107 of 504 tactical-security-Iockbox.aspx 8/18/2016 Tactical Security Lockbox Page 3 of 5 Combination push button lock enables keyless entry Convenient accesswiatdGsv enabling autttvrzed users In quickly change combination push button lock code for key"ess entry without requiring any loan disassembly. Heavy duty stamped rib for additional top structural stippon Qutit access cable securing mechanism is included en both sides for 11exih,lit} to securing the Iockbox to the vehicle 1.tifien the I d is hosed, this tab blocks the quick access lever from pivot: rg dung a break-in attempt Patented Anti -twist push button lock mechanism features a 10 tumbler double bitted security key with built in weather seals Gas Strad mounting pour% are reversible enabling convenient access from ettt•:er side of the ?ock box. Inside bottom and sides are lined with carpet to cush°on contents Patented Pry -Guard El locking system -with a 1 r4" 11iic1c steel latch v.hich enables the Iockbox to be latched closed :ab"vc welded 16 gauge steel Durable powder coat finish construction - Combination push button lock enables keyless entry. Convenient access window enabling authorized users to quickly change combination push button lock code for keyless entry without requiring any lock disassembly. • Gas strut supports Iid open and mounting points are reversible enabling convenient access from either side of the lock box. - Inside bottom and sides are Tined with carpet to cushion Contents • Quick access cable securing mechanism is included on both sides for flexibility in securing the Iockbox to the vehicle (cable not included) • Tab-Ioc welded 16 gauge steel construction r: Durable powder coat finish • Heavy duty Stamped rib for additional top structural support • When the Iid is closed, this Tab blocks the Quick access lever from pivoting during a break-in attempt • Patented Pry -Guard II locking system with a 1/4" thick steel latch which enables the Iockbox to be latched closed Combine Your Purchase With https://www.pro.tuffyproducts.com/p-287-20 108 of 504 tactical-security-lockbox.aspx 8/18/2016 Tactical Security Lockbox Page 5 of 5 Tuffy Patents (t-patents.aspx) FAQ's (t-faq.aspx) Contact Info Tuffy Security Products, Inc. 25733 Road H Cortez, CO 81321 800.348.8339 Email Us (t-contact.aspx) Search... Copyright() tuffyproducts.corn 1989-2015. All Rights Reserved. Go https:llwww.pro.tuffyproducts.comlp-287-20 109 of 504 -tactical-security-lockbox.aspx 8/18/2016 11 De/ivere d as Promised NET 30 DAYS NATIONAL CITY POLICE DEPT 0 1200 NATIONAL CITY BLVD I- NATIONAL CITYCA 91950 T 0 1370 North McCan Street Anaheim, CA 92806 Phone. 714-988-4830 Fax 714-114-0244 ONTRAC ** QUOTATION ** Page 1 *** DUPLICATE *** Ord ## 03 02406 P/O # ALTIMA #1 NATIONAL CITY POLICE DEPT H 1200 NATIONAL CITY BLVD p NATIONAL CITY CA 91950 T 0 Br Accnt 00 53595 MM HO 8/18/16 15:16:40 Expires 11/25/2016 Lean Qty Part Nufber S:Description Kt : FaCh- . Net:. 'U'a1ue. 001 1 TF 253-01 002. 1 :TE 87 9 - 375-0.72 -a.: 003 1 _ VT6O9D 004 1 WH VTX609E 005 2 WH VTX609R . €3::0C;:. 1:. WH.. 01 007 1 WR IOTA 008 . .. 1 WH Iowa' 009 1 WH ALPHASL 010 1.:WH ALPHAS 01.1: 1 IIR SA3I5P`. 012 1 Wfi -sAxl 013 1 MS INSTALL -KIT Fart Ordered:. ## 014 1.144. I TAC LOCK BOX -LOOPED: END CABL. . F VERTEX SPLT R%W: F VERTEX SPLT BAT F VERTEX RED ION LED RED: F ZE3NLEDSL' . F ION -LED MOB/BLU- E ALPHA SL SIREN F. AI PHA 5 SWITBH :P SR BPI F SPEAKER BRACKET INSTALL -KIT INSALL:KIT` INSTA.LAT ION 445.0000 18. 00Qb:..... 85.0000 85.0000 .. 78.0000 120.6000 120 5000 120.6000 178.0000 65-.1000.:< 205.0000 28.0000 150.0000 • 1.:350 ; 0000:; 445.00 18.00:: 85.00 85.00. 156.00 120.60 220.60 120.6.0.. 178.00 65.10 205.00 28.00 150.00 1350.00 15 l 3126.90 TOTAL CJNPN ,PAR77 TAt. • . !.• : E? OTA. L:: Po'W.LEHRAUTO.COM SALESLLEFiRAC1TO. COM 40.00 ' OTHER RGVD. 281.42 3448.32 110 of 504 "°uR2°16HIGHLANDER EXTERIOR COLOR: J Silver Sky Metallic INTERIOR COLOR: Ash Leather City MPG' Highway MPG 19 }U{� Here's the Highlander XLE (FWD V6) YOU BUILT Starting MSRP:` Highlander XLE Delivery,Processing and Handling Fee: Highlander XLE (FWD V6) Options: Second -row captain's chairs - leather second -row captain's chairs with folding side table with two cup holders 50 State Emissions Accessories: Cargo Area Cover' Carpet Floor Mats' $37,315.00 $900.00 $275.00 $309.00 Total MSRP: •' ., h n-! l.' Rea to -Cars. [non . ,; • L.. f�:i ^..., A .•t -. nil.... "V, •.xi �r�-,» -,C r'' ' d SJgnested ^•.tai. Prins, rxc uc:-s t � QP'ivrn•. C•oc9s^Inry � ;tndli"g [` fr.• Cary, p '! rh• T• .^ a ,qv n lam r Lard Tn,ckc (TJndr-), and $£95 for Large SU!'a (Secuoia ar-I Land Cruiser) ('.+r=trlra 1, n ,i Ifa"'�J •-+^ �r'f - ra cha.r7. a Fa•, s^•^- ha I r drl''•ennn ,•ehic'ss to de: ^hips. Toyota's rha,ae for these ser,nrns is Ar_ ed the. "Deli' ". P•o^essm^ and r-. „d ,n? . _ . , hr srr nn r;- c. - r ttir 'I, rnyorn r ,Ides ns we; as Tnvota's rn nrn'I pricing sL'arture. T ,ofa raay make a Profit on tha pahvr,v v-++cc'su,r and Hanrfl.^r: c,-n Pxr, i �.,,,;.,.,rs. �r-r, ,nq ,, r: .,.. 'rn- . qri r, ., •�rf, rho f•, ,,, ,,, PinCeSSin7 and uanr i„ g Fwr i, Al.. A?. F1 GA, !.A. MA ^If OK. CC '9.11X, he hinh F.r. nCt Ia' Nr` i rr orir . •• .,v. }.t [:o+:-. Ar na' „1}^ :=iv"lr PA.c d Inc-k,f w n�:;yr,-• P-rJrnecinq and Hs'v llnr Fn.�. }us=o.Inri le vahi.-Iv ^ a;.nfart,rerF ,-,t 'i^}wh�If' a. • d.,,r;., and ^. , .. . �. .. c -.., ha , . t,,. •rl�� tq ,+-'I• _ _ r' + e j\`'/� .''a•r' fn• +hr-a C iC' S i.: r;areP }a 7f' Jf." r. [Nnssnd Hand ilry r . a,ar' Is "aseri nn ihS 1 a1 I: of the . ^ a^ .r .r5 ^[ „� +�..i"' • n, 'l l - Tl l r l rtTA �,rln�i etnY3`,.nr. ioyotn r,,^„•• make a rnnff p.7 the r.-.^ i!.nry, Pracrscinn an'1 Fland'in¢ ^.! Fr.Cnr!n? `av�<. fMn:-, f' .. , FL. 'A. A. •,?. ' C,. OK.: G ar.i TX will t . h gho . AG', I: ..nn:^r' 111 of 504 $38,799.00 2,130,00 Ls_ifiz. �1,1a9vo Let's Go Places MPG Mileage estimates (mpg city/highwayj4 - V6 FWD 19/25 112 of 504 YOUR HIGHLANDER FEATURES SAFETY/CONVENIENCE (continued) Driver and front passenger Advanced Airbag System22 Driver and front passenger seat -mounted side airbags, driver knee airbag, front passenger seat -cushion airbag and all -row Roll -sensing Side Curtain Airbags (RSCA)22 Driver and front passenger Whiplash -Injury -Lessening (WIL)" seats Driver and front passenger seatbelt warning sensor 3-point seatbelts for all seating positions; driver -side Emergency Locking Retractor (ELR) and Automatic/Emergency Locking Retractor (ALR/ELR) on all passenger belts Adjustable front seatbelt shoulder anchors and driver and front passenger seatbelt pretensioners with force limiters LATCH (Lower Anchors and Tethers for CHildren) includes lower anchors and tethers on outboard second -row seats and tether anchor on middle of second - and third -row seats Child -protector rear door locks Collapsible steering column Front and rear energy -absorbing crumple zones and side -impact door beams Energy -dissipating interior trim Tire Pressure Monitor System (TPMS)24 Hill Start Assist Control (HAG)" Anti -theft system with alarm and engine immobilizer" ToyotaCare27 featuring a no cost maintenance plan with roadside assistance 113 of 504 HIGHLANDER ACCESSORIES Interior .'7-k,or fvlals t 1(Y.71 k+SRP ar9a. Lni r S ton'Ins1,411.2d r.SRP Car= ldet - Emilelapin 5 41 tnala�l MSR Cargo Tote $ 48 **Parts Only Carpet Cargo Oar $ 95 1ns[alloii MSRfr Carpet Fh=:'r a ar $ 130'Ir 4341.kri Atgfas� Ernergan y r!5 i T .e Kit "I"nirte. r1i'J First itid k $ 30 "rri i i l Psi F' Glass Breakage Sensor (GBS) $ 299 "Installed MSRP �1.FiFir�tr• I n-plrie Mailer •t.'?7 '1nz! 311ett h�aiiP Universal rngilirl Hokftr $ 99 'In'.I iYI!ti r1SPn Wireless Headphones $ 82 "Installed MSRP Installed MSRP is the Manufacturer's Suggested Retail Price for accessories Installed by the manufacturer. Actual prices for dealer installed accessories may vary. Please see your local Toyota dealer for pricing. Prices and product availability are subject to change without notice. Installation not included. See your local Toyota dealer for installed pricing. Prices and product availability ere .siihiert to rhanne without notice. 114 of 504 CC TOYOTA DEALERS IN YOUR AREA: to Ci Greg Miller Toyota Distance: 2.98 M!:e,: CC D 6800 Federal Boulevard ›- Lemon G"ove CA, 91945 Phone: (619) 287-2400 ht`n://wwv.'.g regrnillertovota.corn Frank Toyota Distance: 3.21 ',;i`es: 2L00 National C'ty Blvd "••Jational City CA. 919:0 Phor!:: (619) '74-5573 httn:/ r,ww.Frar'ktoyeta,corn GET DIRECTIONS to this dealer GET DIRECTIONS to `r-:is rl: tiler 5ah, 9u thi! z . or A� Y . . v.A Y i T:r. r.,. / ss ` f< 'A ... w F tee. ♦ �4.. ; x If— .. i , r{ ka.ionel roi;� nt - r ,, „-t Spt Wog, 115 of 504 g=(=ili Delivered as Promised NET 30 DAYS NATIONAL CITY POLICE DEPT 0 1200 NATIONAL CITY BLVD o NATIONAL CITYCA 91950 r 0 1370 North McCan Street Anaheim, CA 92806 Phone. 714-988-4830 Fax 714-414-0244 ONTRAC ** QUOTATION ** Page 1 *** DUPLICATE *** Ord # 03 02405 P/O # HIGHLANDER Br Accnt 00 53595 I1M HO s NATIONAL CITY POLICE DEPT H 1200 NATIONAL CITY BLVD 8/18/16 I NATIONAL CITY CA 91950 15:15:50 Expires 0 11/25/2016 7 i `:Qty Part NUOber S Description Wt.Eacb Net. Value 001 1 TV T-TYHLNM1-14N Vehicle Year 2017 Third Row Seat <Folded`: No Prisoner Cage / K9 Exterior Carpet Gray Drawer ;:Interior Carpet: dray; Drawer :;Front(s) Black Composite': 1 Dwr Push Lock w/Key Override 2 Mag Carpeted Long Div 013 1 LA I. INSTALLATION. i2STALL TRUCKVAULT :INTO HIGHLANDS 2 2000.00 . _. : pr,R;'i`Co?AL: `... `:.: ; WAIN LF!1RAUTO. COM SALEESOLEHR&JTO. COM TOYOTA TVAULT RCVD. BY: 15 75.0000 1575.00 425.0000 425.00 180.00 2330.00 116 of 504 Department of General Services Procurement Division 707 Third Street, 2nd Floor West Sacramento, CA 95605-2811 State of California CON RACT USER **** MANDATORY **'l` CONTRACT NUMBER: 1-15-23-14B DESCRIPTION: Ford Police Interceptor Utility SUV CONTRACTOR(S): Folsom Lake Ford CONTRACT TERM: 6/30/2015 through 6/29/2017 STATE CONTRACT Timothy Smith ADMINISTRATOR: (916) 375-4451 tirnothy_smith dgs.ca.gov The contract user instructions, products, and pricing are included herein. All purchase documents issued under this contract incorporate the contract terms and applicable California General Provisions, Date: 6/3012015 Timothy Smith, Contract Administrator 117 of 504 STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DMSION ConLatt MM.at ::.0 s 1-14 ' '9 Contract User instructions 1. SCOPE The State's contract with Folsom Lake Ford (Contractor) provides Ford Police Interceptor Utility SUVs at contracted pricing to the State of California and local governmental agencies in accordance with the requirements of Contract # 1-15-23-14B. The Contractor shall supply the entire portfolio of products as identifiedin the contract and :nail be the prIo rill pnlrit conract for data collection, reporting, and distribution of Ford Police Interceptor Utility SUVs to the State. The contract term is for two (2) years with an option to extend the contract for one (1) additional twelve month period or portion thereof. The terms, conditions, and prices for the contract extension option shall be by mutual agreement between the contractor and the State. If a mutual agreement cannot be met the contract may be terminated at the end of the current contract term. 2. CONTRACT USAGE/RULES A. State Departments The use of this contract is mandatory for all State of California departments. Ordering departments must adhere to all applicable State laws, regulations, policies, best practices, and purchasing authority requirements, e.g. California Codes, Code of Regulations, State Administrative Manual, Management Memos, and State Contracting Manual Volume 2 and 3, as applicable. Prior to placing orders against this contract, departments must have been granted non -IT purchasing authority by the Department of General Services, Procurement Division (DGSIPD) for the use of this statewide contract. The department's current purchasing authority number must be entered In the appropriate location on each purchase document. Departments that have not been granted purchasing authority by DGSIPD for the use of the State's statewide contracts may access the Purchasing Authority Application at http:Ilwww.dgs.ca.gov/DdJResourcea/Dublications(SCM2.aspx or may contact DGSJPD's Purchasing Authority Management Section by e-mail at pamst dgs.ca.gov. Departments must have a Department of General Services (DOS) agency billing code prior to piecing orders against this contract. Ordering departments may contact their Purchasing Authority contact or their departments fiscai office to obtain this information. B. Local Governmental Agencies Local governmental agency use of this contract is optional. • Local government agencies are defined as any city, county, city and county, district or other governmental body or corporation, including the California State Universities (CSU) and University of California (UC) systems, K-12 schools and community colleges", empowered to expend public funds for the acquisition of products, per Public Contract Code Chapter 2, Paragraph 10298 (a) (b). While the State makes this contract available to local governmental agencies, each local gov;menen+,al agency should determine whether this ventract is consistent with lee procurement policies and regulations. • Local governmental agencies shall have the same rights and privileges as the State under the terms of this contract. Any agencies desiring to participate shall be required to adhere to the same responsibilities as do State agencies and have no authority to amend, moaify or change any condition of the contract. • Local governmental agencies must have a DOS agency billing code prior to placing orders against this contract. DOS agency billing codes may be obtained by emaii!ng the DOS billing code contact with the following information: Contract 1-15-25-14C User instructions 118 of 504 /3D.2O15 STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION ritezot Reid ly 1-1 14B Contract User Instructions o Local governmental agency o Contact name o Telephone number o Mailing address o Facsimile number and e-mail address DGS Billing Code Contact: Marilyn.ebertaa.dgs.ca.gov C. Unless otherwise specified within this document, the term °ordering agencies" will refer to all State departments and/or local governmental agencies eligible to utilize this contract Ordering and/or usage instructions exclusive to State departments or local governmental agencies shall bo identified within each article. 3. DGS ADMINISTRATIVE FEES A. State Departments The DGS will bili each State department an administrative fee for use of this statewide contract. The administrative fee should NOT be included in the order total, nor remitted before an invoice is received from DGS. Current fees are available online in the Procurement Division Price Book located at http:JJwww.dgs.ca.gov/ofslRlesources/Pricebook.asox. (Click on "Purchasing" under Procurement Division.) B. Local Governmental Agencies For all local government agency transactions issued against the contract the Contractor is required to remit the DGSIPD an Incentive Fee of an amount equal to 1 % of the total purchase order amount excluding taxes and freight. This Incentive Fee shall not be included in the agency's purchase price, nor invoiced or charged to the purchasing entity. Ail prices quoted to local governmental agency customers shall reflect State contract pricing, including any and all applicable discounts, and shall include no other add -on fees, 4, SBi1DVBE OFF -RAMP PROVISION ?here_ is no S41DVio.c off ramp aseneiete' with Oil rontrsct 5. EXEMPT PURCHASES To purchase other than the contract commodity listed requires an approved exemption from the DGS/PD Contract Administrator. Please refer to htto: ,vww.dos.ca.00vlodLPrograms/Leveraged/contracts/exernotionprocess.a.spx for information and the required justification forms regarding the exemption process. 6. PROBLEIVI RESOLUTION/SUPPLIER PERFORMANCE Ordering agencies and/or contractors shall inform the State Contract Administrator of any technical or contractual difficulties encountered during contract performance in a timely manner. This includes and is not limited to informal disputes, supplier performance, outstanding deliveries, etc. For contractor performance issues, ordering agencies must submit a completed Supplier Performance Report via email or facsimile to the State Contract Administrator. The ordering agency should inciude all relevant information and/or documentation (i.e. Purchase documents). Contract 1-15-23-145 User instructions 119 of 504 6130/2015 STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION CO4Wact , tlj 1-16-23-I Contract User Instructions 7. CONTRACT ITEMS The following one (1) vehicle is available for purchase under this contract. FORD POLICE INTERCEPTOR U T ILITY_SUV No other Ford vehicles are available for purchase under these contract terms. 8. SPECIFICATIONS The vehicle listed on Attachment 1, Contract Pricing, must conform to the State of California Bid Specification Number 2310-3116R1, dated 6/3/2015, Attachment 2b 9. CUSTOMER SERVICE There are no specific customer services requirements associated with this contract. 10. ELECTRONIC CATALOGICONTRACT WEBSITE CONTENTS There is no electronic catalog or contract website associated with this contract. 11. PRE -ORDER CONFIGURATION CONSULTATION (OFFER GENERATION) There is no pre -order configuration associated with this contract. 12. OFFER FORMAT There is no specific offer format associated with this contract. 13. ELECTRONIC WASTE RECYCLING FEE There is no electronic waste recycling fee associated with this contract. 14. PRODUCT SUBSTITUTIONS There is no product substitutions associated with this contract. 15. PROMOTIONAL PRICING There is no promotional pricing associated with thls contract. 16. STATE AGENCY INFORMATION TECHNOLOGY CERTFICATION REQUIREMENT There is no technology certification requirement associated with Lis cit Lr5 17. PURCHASE EXECUTION A. State Deoartrnents 1) Purchase Documents State departments must use the Purchasing Authority Purchase Order (Std. 65) for purchase execution. An electronic version of the Std. 65 is available at the Office of State Publishing web site: http://www.das.ca.gov/pd/Forms.asox (select Standard Forms). Contract 1-15-23-14B User instructors 120 of 504 6/3012015 STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DMSION Coitzoft Mtn&lay1-1623.1413 Contract User Instructions Ail Purchasing Authority Purchase Orders (Std. 65) must contain the following: • Agency Order Number (Purchase Order Number) ▪ Ordering Agency Name ▪ Agency Billing Code ▪ Purchasing Authority Number Leveraged Procurement Number (Contract Number) • Supplier information (Contact Name, Address, Phone Number, Fax Number, E-mail) • Line Item number Quantity • Unit of Measure — (each) • Commodity Code Number • Product Description • Unit Price ▪ Extension Price 2) Blanket Orders The use of blanket orders against this statewide contract is not allowed. 3) American Recovery and Reinvestment ActjARRA) - Supplemental Terns and Conditions Ordering departments executing purchases using ARRA funding must attach the ARRA Supplemental Terms and Conditions document to their individual purchase documents. Departments are reminded that these terms and conditions supplement, but do not replace, standard State terms and conditions associated with this leveraged procurement agreement. ARRA Supplemental Terms and Conditions Note: Additional information regarding ARRA is available by clicking here to access the email broadcast dated 08/10/09, titled Supplemental Terms and Conditions for Contracts Funded by the American Recovery end Reinvestment AGE. Local Governmentai Ag ncies Local governmental agencies may use their own purchase document for purchase execution. The purchase documents must inciude the same data elements as listed above (Exception: Purchasing Authority Number is used by State departments only). C. Documentation All ordering agencies will submit a copy of executed purchase documents to: D^3S - Procurement Division (IMS# Z 1) Attn: Data Entry Unit 707 Third Street, 2nd Floor, MS 2-212 West Sacramento, CA 95805-2811 18. MINIMUM ORDER The minimum order shall be one (1) vehicle. Contract 1 -1523-14B User Instructions 121 of 504 eISC/2015 STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUR.MENT DIVISION Contact kla. a bo y 1-1 3 44 Contract User I nstructions 19. ORDERING PROCEDURE A. Ordering Methods: Ordering agencies are to submit appropriate purchase documents directly to the contractor(s) via one of the following ordering methods: e U.S. Mail • Facsimile Email The contractor's Order Placement Information is as follows: ORDER PLACEMENT IN:FORi ATION U.S. Mail Facsimile Email Folsom lake Ford 12755 Folsom Blvd. Folsom CA, 95630 (916) 353-2078 danrc folsomlakeford.corn Note: When using any of the ordering methods specified above, all State departments must conform to proper State procedures. 20. ORDER ACCEPTANCE The Contractor shall accept orders from any State department or local governmental agency. The Contractor shall pgQ accept purchase documents for this contract that: e Are incomplete; Do not have a DGS billing code — (local agencies) Are submitted without Contract Administrator approval of non -core items G Contain non -contract items; or ▪ Cc ntain non -contract terms and conditions. The Contractor must not refuse to accept orders from any State department or local governmental agency for any other reason wfthout written authorization from the Contract Administrator. 21. ORDER RECEIPT CONFIRMATION The Contractor wilprovide ordering agencies with an order rec.eiptounriitnalioti, via a -mail or 1ecsiifiile, within 48 hours of receipt of purchase document. The Order Receipt Confirmation shall include the following information: • Ordering Agency Name ▪ Agency Order Number (Purchase Order Number) • Purchase Order Total Cost Anticipated Delivery Date Contract 1-15-23-145 User Instructions 122 of 504 5134J2015 STATE OF CAUFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMEMT DIVISION Ccailitzt tandetoly 1-16-23-14B Contract User instructions 22. OUT OF STOCK REMEDY !,inner no circumstance is the C ontrec:tor permitted to make substitutions with non -contract items or unauthorized products. 23. DISCONTINUED ITEM REMEDY Under no circumstance is the Contractor permitted to make substitutions with non -contract Items or unauthorized products without approval from the Contract Administrator. 24. DELIVERY SCHEDULES Delivery for orders placed against the contract resulting from this solicitation shall be in accordance with the following: A. Pre -Delivery Checklist Prior to delivery, each vehicle shall be completely inspected, serviced and detailed by the delivering dealer and/or the manufacturer's pre -delivery service center. A copy of the pre -delivery checklist shall be completed for each vehicle, signed by a representative of the organization performing the inspection/service, and delivered with the vehicle. B. Locations Deliveries are to be made (statewide) to the location specified on the individual purchase order, which may include, but not limited to inside garages and parking Tots. C. Schedule Delivery made to any State department is to begin within 90 days after receipt of order (ARO). State departments may limit delivery to a maximum of ten (10) units per working day. Delivery to local governmental agencies is to be completed in full within 150 days ARO. Since receiving hours for each ordering agency will vary by facility, it will be the Contractor's responsibility to check with each facility for their specific delivery hours before delivery occurs. The Contractor must notify the ordering agency within 12 hours of scheduled delivery time, if delivery cannot be made within the time frame specified on the Order Confirmation. Contractor is requested to make deliveries in Los Angeles County, Orange County, San Bemardiino Metropolitan Area, and San Diego Metropolitan Area during off-peak hours. Off -peals hours are Monday through Friday, 10:00 AM to 4:00 PM. D. Security Requirements Deliveries may be .made to locations inside secure institutional grounds (such as the California State Prisons) that require prior clearances to be made for delivery drivers. Since security clearance procedures for each facility may vary, it wiii be the Contractor's responsibility for contacting the secure location for security clearance procedures, hours of operation for deliveries and service, dress code, and other rules of delivery. Deliveries that are delayed due to drivers not being cleared to enter institutional grounds may cause your firm to be declared in default of contract requirements. Note: In accordance with paragraph 15 of the General Provisions entitled "Delivery", the contractor shall strictly adhere to the delivery terms and completion schedule as specified in this solicitation. Failure to comply with the delivery requirements, as stated, may be considered a breach of contract and subject the contractor to General Provisions 26, entitled "Rights and Remedies of the State for Default'. Contract 1-15-2 -148 User instructions 123 of 504 ei30/201 e STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PitOCUREMENT DIVISION Gortlicict raky `i-1 23-` 4111 Contract User Instructions 25. EMERGENCY/EXPEDITED ORDERS Not Applicable, 26. FREE ON BOARD (F.O.B.) DESTINATION The Contractor is required to deliver vehicles to State agencies or local governmental agencies FOB Destination, Sacramento County. Additionaily, delivery shall be FOB Destination to the California Highway Patrol (CHP), Fleet Operations, 3300 Reed Ave., West Sacramento, California g5605. Vehicles shall be delivered from the factory to the dealer's place of business. If the purchase order indicates delivery outside an FOB point, the dealer and agency will negotiate for delivery beyond the )013 point. This delivery may be subject to an additional delivery charge by the resulting contractor(s). This charge shall be shown as a separate item on the purchase order and invoice, State agencies requesting delivery outside the FOB area must contact the Office of Transportation Management for freight rate comparisons if the dealer is delivering the vehicle. These delivery instructions will be provided on the purchase order. Dealers receiving a purchase order without specific transportation instructions must contact the ordering agency. Caravan or drive -away method of delivery from the factory to a dealer is not acceptable. The Contractor shall insure that each vehicle reaches its delivery point with no less than five (5) gallons of fuel in the fuel tank. Drop ship deliveries shall not be made without prior State inspection. Vehicles delivered from the Contractor with more than 50 miles on the odometer will be charged 50 cents for each mile exceeding 50 miles. This charge shall be deducted from the order price for each vehicle delivered against each order. Vehicles delivered with more than 250 miles on the odometer will not be accepted. 27. PALLETS There are no pallet requirements associated with this contract. 28. SHIPPED ORDERS All shipments must comply with General Provisions (rev 0610Bf2010), Paragraph 12 entitled "Packing and Shipment". The General Provisions are available at: htte://www.doeuments,dgs.ca.goviodimodellang/GPnonIT080810.pdf. 29. PACKING SLIP Not applicable to this contract. 30. PACKING LABEL There are no packing label requirements associated with this contract. 31. HAZARDOUS MATERIALS DOCUMENTATION For products that contain hazardous chemicals, as defined by California Code of Regulations, Title 8, Section 339, the Contractor must provide a MMiateriai Safety Data Sheet (MSDS), via facsimiie or email, to the ordering agency upon written request. Contract 1-15-23-14B User instructions 124 of 504 Bf30/2015 STATE OF CALIFORNIA DEPARTMENT OF GENERAL. SERVICES PROOUREMENT DIVISION +t3 teiract Msidhtory Contract User Instructions 32. INSTALLATION There is no installation associated with this contract. 33. INSPECTION AND ACCEPTANCE Vehicles ordered for State use will be inspected by a State Inspector at the dealer's place of business. Inspection will commence within five (e) State working days of notification that a vehicle is ready for inspection. Inspection will include: specification compliance, workmanship, appearance, proper operation of all equipment and systems, and that all documents are present. In the event deficiencies are detected, the vehicle will be rejected and the delivering dealer will be required to make the necessary repairs, adjustments or replacements. Payment and/or the commencement of a discount period (if applicable) will not begin until the defects are corrected and the vehicle is re -inspected and accepted. Completion of inspection or acceptance by the State inspector shall in no way release the dealer from satisfying the requirements of the contract, specifications, and warranty. Deviations from the specified requirements that are detected by the inspection shall be corrected by the dealer in an expeditious manner at no expense to the owning agency. Inspection by local agencies will be at the dealer's place of business or as otherwise agreed to by the dealer and local purchasing agency. A. DOCUMENTS: The following documents shall be delivered to the receiving agency with the vehicle: 1. Completed and signed pre -delivery service checklist, including the order number and Vehicle Identification Number (VIN) 2."Line Set Tickets" or "Window Sticker° showing all options installed 3.One (1) copy of the vehicle warranty 4.One (1) Owner's Manual 3. Speed Calibration documentation for each vehicle 34. CONTRACT ADMINISTRATION Both tie State and the contractor have assigned contract administrators as the single points of contact for pro6.1_ili resolution _ d related contract ' Administrator Ir9fer:action DGSrr.i R (State Contract Admirnstratorj Fiitaom Lake Ford I (Centractor) I Contact Name: Timothy Smith Dan Raimondi or Mark Paoli Telephone: Facsimile: 913 375-445 E (9 i 5) 351-4246 or (91) 3551-4202 j,6) 376-4613 (91.0) 353-2078 Emal!: timothy.smithf dos.ca.goy danrgfolsomlakeford.COM 1 rnarkDaQl{tfaisomTat o?a.Com Address: i DGS/Procurement Division Attn: Timothy Smith 707 Third Street, 2n4 Floor, MS 201 West Sacramento, CA 95605 I Folsom Lake Ford ` 12755 Folsom Blvd. 1 Folsom CA, 95630 I 35. RETURN POLICY Not applicable to this contract. Contract 1-15-23-146 User instructions 125 of 504 5!3G!2O15 STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION Contract User Instructions 36. CREDIT POLICY Not applicable to this contract. 37. RESTOCKING FEES There are no restocking fees associated with this contract. 38. INVOICING Ordering agencies may require separate invoicing, as specified by each ordering organization. Invoices will contain the following information: • Contractor's name, address and telephone number • Leveraged Procurement Number (Contract Number) ▪ Agency Order Number (Purchase Order Number) • Item and commodity code number • Quantity purchased • Contract price and extension ▪ State sales and/or use tax • Prompt payment discounts/cash discounts, If applicable • Totals for each order 39. PAYMENT A. Terms Payment terrns for this contract are net forty-five (45) days. Payment will be made In accordance with the provisions of the California Prompt Payment Act, Government Code Section 927, et seq. Unless expressly exempted by statute, the Act requires State departments to pay properly submitted, undisputed invoices not more than forty- five (45) days after the date of acceptance of youds, performance of services, or receipt of an undisputed invoice, whichever is later. K, CAL -Card Use Use of the CAL -Card for payment of invoices is QD allowed under this statewide contract. C. Payee Data Record Each State accounting office must have a copy of the Payee Data Record (Std, 204) in order to process payments. State departments should forward a copy of the Std. 204 to their accounting office(s). Without the Std. 204, payment may be unnecessarily delayed. State departments should contact the contractor for copies of the Payee Data Record. 40. CAL -CARD INVOICING Not applicable to this contract. Contract 1-15-23-14B User instructions 126 of 504 Ef3012015 STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION Conte id 1-1 i 3-14E1 Contract User Instructions 41. CALIFORNIA SELLER'S PERMIT The California seller permit number for the contractor is listed below. State departments can verify that permits are currently valid at the following website: www. bee.ca.00v. State departments must adhere to the file documentation required identified in the State Contracting Manual Volume 2 and Volume 3, as app[lcable. Contractor Name 1 SalIer Permit # Folsom Lake Ford i SR KH 28797640 42. ACCESSIBILITY COMPLIANCE/ VOLUNTARY PRODUCT ACCESSIBILITY TEMPLATE (VPAT) There is no accessibility requirements associated with this contract. 43. WARRANTY The manufacturer's regular new vehicle warranty shall apply to all vehicles procured against the resulting contract. The warranty shall be factory authorized and shall cover not less than, 3 years/36,000 miles bumper to bumper, no charge parts and labor. All emission -related components shall be warranted in compliance with the California Air Recourses Board (GARB) and Federal requirements. This warranty shall be honored by ail franchised dealers of the vehicle within the State of California. The State's established preventative maintenance procedures and practices shall be acceptable to the manufacturer/dealers in lieu of the manufacturer's prescribed procedures, which may form a part of the warranty. All warranty certificates and/or cards shall be supplied with each vehicle delivered. If an additional extended warranty is purchased, a warranty certificate, warranty card, or a statement indicating the extended warranty has been recorded with the manufacturer shall be furnished with each vehicle delivered. Normal wear items such as tires, belts, hoses, headlamps, light bulbs, bake linings, brake discs/drums, etc. are excluded from warranty coverage. All other items not subject to normal weer or gross operator neglect and abuse, such as window, seat or wiper motors, chassis electrical switches (door, trunk lid), paint, hinges, locks, etc., shell ccv red. The State reserves the right to use re -refined lubrication oils, where available, in lieu of the virgin equivalent o!Is, The re -refined oils used by the State will meet all API and SAG standards and specific :ions as set forth by the vehicle manufacturer. The use of said oils shall in no way void or degrade the original manufacturer's minimum 3.year/36,000 mile warranty. The State reserves the right to use recycled content antifreeze/coolant, where available, in lieu of virgin equivalent antifreeze/coolant, in servicing its vehicles. The recycled antifreeze/coolant used by the State will meet ail ASTM standards and specifications as set forth by the vehicle manufacturer. The use of said recycled antifreeze/coolant shall In no way void or degrade the originai manufacturer's minimum 3-yeari 36,000 mile warranty. "Manufacturer's Warranty Policy and Procedures Manual" shall be made available upon customer request. 44. QUALITY ASSURANCE GUARANTEES There is no additional quality assurance guarantees associated with this contract. Contract 1-15-23.14a User instructions 127 of 504 6130V201S STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION Contract M nCr 4 f 1-16-23.148 Contract User instructions 45. EQUIPMENT REPLACEMENT DURING WARRANTY Not applicable to this contract. 46. PRINCIPAL PERIOD OF MAINTENANCE There is no principle period of maintenance associated with this contract. 47. RECYCLED CONTENT There is no recycled content associated with this contract. 48. SMALL BUSINESS/DISABLED VETERAN BUSINESS ENTERPRISE PARTICIPATION There is no small business (SB) or disabled veteran business enterprise (DVBE) participation for this contract 49. TAKE BACK/TRADE-IN There is no take back/trade in associated with this contract. 50. ELECTRONIC WASTE RECYCLING There is no electronic waste associated with this contract. 51. ATTACHMENTS Attachment A — Contract Pricing Attachment B — Specification Number 2310-3116R1, dated 5/3/2015 Attachment C — Dealer's Catalog Contract 1-16-23.14E User instructions 128 of 504 BPSO/201 5 CONTRACT 1-115-23-14B USER IF STRUCTION5 Attachment A Enforcement Vehicles, Police Pu rs uit Vehicle: C ONTRikCT P RIIi G Contractor: FOLSOM LAKE FORD ENFORCEMENT UTILITY VEHICLE, POLICE INTERCEPTOR SUV EEiRiviS: $500.00 discount per vehicle For prompt payment Within 20 days 1- ILine Item Urrr`E Nuttber ri1 sure iN 201 EACH 202 Each 203 EACH to' LIM—ma Line item Unlit of Number Measure Set Quantify In Unii. of Measure Qoarrtr 1n tkntt of M:ure Law Enforcement Ford Utility Si.'/ W th Police Package in accordance with specification. 2310- 3116R1, dated 6/0312015 Optional Badge Delete Extended Powertraln Warranty, 5 Irear/ 100,000 miles FORD Item Description Manufacturer tOEll DELETE Ballistic Door Pane Option - Supply and install front driver and pas toger.tloor mounted ballistic panels rated National Institute of Justice (NIJ) LVL Ili . Its 10% BLS MFG. NIJ LVL 111 2510702 2510702 2510702 Manufacturer Part Number Situ (OEM #) State Cork KBA KBA $27,671.44 16D 16D No Charge FOMOCO FOMOCO No Charge Manufact aria' ; State Contract ct Fast Number SKU rl price (OEM 2510702 90E 50E 1 (2,765.98) 129 of 504 CONTRACT 1-15-23.14B USER 1 i4STRUCT1ONS Enforcement Vehicles, Police Pursuit riEm Destrlptioll --Y—_r_-�ef�= ..e•�+�rm^-x�r s = -►wli^_�wv�- — Attachment C. Dealer Catalc.g. - lltiPity Police Interceptor $UV Price List Keyed Alike Vehicles .rraifer Towing Package Draw Vire Class 11 Day13rne Running Lights PDRL) IMF -41F Catalog Date i i 6/3012015 UNSPSC Code ti:ohtract Drscount % Above Dealer Cast (!A 6130/2015 2510702 — 1 Price 10`h i11A 613012015 6130/2015 2510702 2610702 10% $41. l0 10% $165.00 10% $3.5.50 Attachment A 130 of 504 lFB CGS 1449-011 r •„ STATE OF CALIFORNIA BID SPECIFICATION UTILITY VEHICLE, LAW ENFORCEMENT HIGH SPEED POLICE PURSUIT Attachment B 2310-3116R1 1.0 SCOPE: This specification describes the State of California minimum requirements for an all or rear wheel drive utility vehicle to be used in high-speed highway traxnc and general law enforcement work. The vehicle will at times be operated at speeds in excess of 100 miles per hour for both short and long durations. It will be driven on all types of roads, and road surfaces and at altitudes ranging from approximately 200 feet below sea level to 10,000 feet above sea level. Ambient ten'perateres to which the vehicle will be exposed will range from approximately 0°F to 120°F. The manufacturer shall use components, materials and design practices that are the best available in the industry for the type of operational conditions to which the vehicles will be subjected. Engine, transmission, driveline, differential, brake, suspension, wheel, tire and other component parts of the vehicle shall be selected to give maximum performance, service life, as well as safety and not merely meet the minimum requirements of this specification. Where necessary, the component parts shall exceed the usual quantity, quality, or capacity generally supplied with standard production vehicles in order to withstand the unusual strain, exposure, temperature, wear and use required for a police application. 2.0 RULES AND REGULATIONS: Vehicles shall comply with all applicable California Vehicle Code (CVC), Code of Federal Regulations, Title 49, "Federal Motor Vehicle Safety Standard" (FMVSS) and California Code of Regulations, Title 13, "Motor Vehicles" rules and regulations (except emissions regulations). Vehicles shall also eomply with Society of Automotive Engineers (SAE) J 1100, "Motor Vehicle Dimensions" in addition to all other applicable SAE standards. In addition, all vehicles shall comply with all other Federal and State rules, regulations and safety standards applicable to the vehicle type in effect on the date of the opening of the invitation for bid. Vehicles shall meet 50 State emissions requirements that allow the resale of these vehicles to the general public as originally equipped upon emergency vehicle "service life" completion. 3.0 VEHICLE: All vehicles offered in compliance with these specifications shall be the manufacturer's "Police Pursuit Utility Vehicle" rated model and shall be suitable for high-speed pursuit and emergency driving. All vehicles hall meet the following minimum ecff : r s: 4.0 REQUIREMENTS: 4.1 General: Each vehicle shall be new (unused), current model year production. Each vehicle shall be supplied with all equipment and accessories indicated as standard equipment in the manufacturer's published literature unless specifically deleted as stated in this specification. Optional equipment necessary to meet the requirements ,:;a this specification shall also be installed. 4.2 Enaine: The engine shall be a manufacturer's "Police,Package" configuration equipped with altitude compensating electronic fuel injection. The engine shall have a displacement, to be determined by the manufacturer, sufficient so that all performance requirements described in Section 1.0, Scope and Section 4.26, Performance Requirements are achieved. PAGE 1 OF 6 6/312015 UTILITY VEHICLE, LAW ENFORCEMENT 1h I NTON 1-XX-23-14 131 of 504 IFB DOS 140 -011 2310-3116R1 The engine shall be designed to operate knock free at all engine and vehicle speeds on unleaded fuel with a minimum octane rating of 87 (RM } MM _ 2). 43 jEneine Oil Cooler: An auxiliary engine oil cooler shall be installed if required to maintain oil operating temperatures <_ 300°F, under operating conditions described in the Section 1 of this specification. 4.4 Fuel Simply System: The fuel supply system shall be of such a design to eliminate vapor lock when the engine is operating in him areFien' temperatures or during periods of extended idling. 4.5 Fuel Tank: The fuel tank furnished sal be the largest capacity available. 4.6 Cooling System The cooling system shall be liquid pressurized, forced circulation type. The manufacturer shall provide the heaviest duty cooling system components and recovery system applicable to the model offered. The cooling system design and capacity shall maintain the engine at optimum temperature, under all operating conditions specified, without any Ioss of coolant or overheating of engine and components. The cooling system shall be free of contaminants that may affect cooling system component longevity and performance. Optimum engine temperature shall be maintained with the vehicle loaded to the vehicle manufacturer's published maximum gross vehicle weight rating (GVWR) and continually operated in all operating environments described within the scope of this specification. 4.7 Electrical System: The electrical system shall be 12 volt negative ground. All wiring shall include weather proof connectors. The vehicle battery shall be the optional heaviest duty type available, compatible with the vehicle charging system and intended for police service. The vehicle battery shall have a minimum of 660 cold cranking amps, with a manufacturing date not exceeding six (6) months prior to vehicle delivery. Vehicles will not be accepted with batteries exhibiting less than 90 percent of full charge at time of delivery. The generator/alternator shall be the highest capacity optional generator/alternator listed in the manufacturer's current police package brochure applicable to the vehicle bid. It shall have a minimum 160 amp output .$ Tale e iseiere Thu transmission shall be fully attt=atic transmission eqeippe.d with Aateedliery transmissionfluid coolers; if necessary, to maintain oil operating temperatures not to exceed 275 F, maximum, Console or floor mounted shil1ers are acceptable, but must De capable of allowing the installation of CHP radio and equipment. 4.9 Steering:_ The power steering system shall be equipped with a fluid cooler, if necessary, to maintain power steering fluid operating temperatures not to exceed 300°F, maximum. 4.10 Brakes: The brakes shall be power assisted and feature an anti -lock brake system (ABS). All four wheels shall be equipped with disc brakes. Friction material shall be designed for police applications. 4.11 Wheels and Tires: Each vehicle shell be supplied with five (5) matching wheels and tires. One (1) of the five (5) shall be a matching full size wheel and spare tire. A space saver type spare tire is not acceptable. The wheels shall have a safety ridge rolled into the rim or otherwise designed to prevent the tire from separating from the wheel in the event of a flat. Wheels shall be steel construction, designed for police application. Lug nuts shall be covered with a cuter cap. Manufacturer's standard Tire Pressure Monitoring System shall be supplied. If a tire pressure s13r2015 ETFELrr VEHICLE, LAW ENFORCEMENT WAANTON 1-XX-23-14 PAGE 2OF 6 132 of 504 IFB CGS 1409-011 2310-3116R1 activation tool is needed to reset the light on the tire pressure monitoring system, one tool shall be provided for each vehicle as part of this requirement. The vehicle manufacturer shall test and certify tires as acceptable for original equipment and replacement installation on the police package vehicle specified in this invitation for bid. Any wheel weights used shall be "non -lead" type. 4.12 Suspension; The front and rear suspension including shock absorbers shall be designed for police work. Front and rear stabilizer bars are required. 4.13 Differential: The differential shall be the conventional type, ring and pinion gears, with a ratio designed to give the best overall performance for the transmission and tire size installed on vehicle. The gear ratio shall be the same on all vehicles. 4.14 Radio Suppression: The system shall not cause or be affected by any electrical magnetic interference (EMI) or radio frequency interference (RFI) including but not limited to the following radio frequencies currently in use by CIIP vehicles: • Low Band: 39 - 46 MHz Transmit and Receive • Repeaters: 153 -155 MHz Transmit and Receive • Radio, UHF 440 - 490 MHz Transmit and Receive • Allied Radio 806 - 870 MHz Transmit and Receive Allied Radio 581 - 866 MHz Transmit and Receive • Allied Radio 159 -173 MHz Transmit and Receive Allied Radio 150 -174 MHz Transmit and Receive Radio / Repeater 764 - 806 MHz Transmit and Receive Canines 26 - 28 MHz Receive Canines 303.9 MHz Receive Computers: 896-901 MHz Transmit, 935-940 MHz Receive • Canines: 303.875 MHz Receive The system should not cause more than one (1) dB of radio degradation at the antenna whether it be radiated or conducted radio frequency interference (RFI), or electromagnetic interference (EMI). if the system causes any two or all three types of interference, tiro total combined allowable receiver degradation is 1 dB at all CHP xregneneies. See Exhibit 2 for radio degradation testing details. 4.15 Body: The body shall be a four door, sport utility with center post, Protective body side molding shall not be installed on the vehicle, This is to permit installation of an Agency insignia (33" long by 20" high) without trim interference. The wheel wells shall be constructed so that OEM approved tire chains or cables may be installed in a conventional manner, without clearance problems and without causing body or structural damage to the vehicle. 4.16 Exterior Color, The body shall be painted manufacturer's gloss black. The roof panel and lower portion of both front doors below the window belt line shall be painted manufacturer's gloss bright white. After -factory applied paint to accomplish the white portion of the two-tone paint scheme is acceptable if factory applied black and white two-tone paint configuration is unavailable from the manufacturer. wr I TON 1-XX-23-14 PAGE 3 OF B 6/3/2016 UTILITY VEHICLE, LAW ENFORCEMENT 133 of 504 IFB DOS 1409-011 2310-3116R1 4.17 Interior/Seat Unholsterv: Front seats shall be bucket type accommodating the installation of a center console by the end user. A 60/40 split bench / bucket type seat is not acceptable. The driver's seat shall be power adjustable and shall be designed for maximum comfort, support and durability. The front and rear seat shall be the manufacturer's standard cloth upholstery. (A vinyl rear set is acceptable provided the manufacturer warranties the vinyl seat material against sun and heat damage for not less than three (3) years.) 4.18 Speedometer: The vehicle described in this specification will be used in law enforcement and speedometer accuracy is essential. The speedometer shall be calibrated and be accurate within two (2) miles per hour at speeds from 15 to 100 miles per hour of the true vehicle speed, within the environmental operating conditions specified in Section 1.0 Scope. The dial face shall be marked up to a minimum of 140 miles per hour. The design of the speedometer shall be such to insure accuracy throughout the life of the vehicle. The face markings shall be in increments no greater than two (2) miles per hour. If the manufacturer has available a digital display speedometer, the vehicle shall be so equipped. A letter of certification of accuracy shall be provided with each unit and shall be applicable to both digital and analog displays. The bidder shall specify the size of tires for which the speedometer is certified. The speed indicator pointer shall not cover more than a two mile per hour section of the scale. 4,19 'avload: The vehicle shall have a minimum payload of 1500 lbs when configured in the standard Police Pursuit rated version. 4.20 Radio: Vehicle shall be factory equipped with the factory base radio and at least two (2) front mounted radio speakers and two (2) rear mounted radio speakers. 4.21 Spotliahts: The vehicle shall be supplied with factory standard driver and passenger A -Pillar incandescent installed spotlights. 4.22 Hood -Latch Release: The hood latch release shall be mounted inside the front passenger compartment so that the hood can not be readily opened from outside the vehicle. The release shall be readily accessible to the seated driver. 4.23 Floor Covering: The floor covering of the front and Tear floor may be standard mhher, vinyl or carpet. The color shall be keyed to the upholstery color. OEM floor mats shall be included for carpeted vehicles. 4.24 Interior Area, The Vehicle shall be equipped with 1st and 2nd row seats only, and shall have a seating capacity of minimum . 4.25 Milgellaneons Equipment: The vehicle shall be equipped with the following miscellaneous equipment: ▪ Backup camera with display Heeeeese sensing • Heated driver and passenger mirrors • Tilt steering wheel Fresh air type heater and defroster. Refrigeration air conditioning of a size and recommended and installed by the manufacturer of the vehicle. • intermittent windshield wiper system. Fuel level arid water temperature indicator gauges. • 12-volt DC power outlet in front compartment. WANTON 1-XX-23-14 PAGE 4 OF 6 type 613t2016 UTILITY VEHICLE, LAW ENFORCEM ENT 134 of 504 IFB DOS 1409-011 2310-3116R1 .110 Ballistic Door Panels (left front and right front doors), threat level 3 or better. (Door Panels shall meet and pass National Institute of Justice Certification level m test standards. Testing certification shall be provided upon request) O Cruise control • Dual electric horns or dual note ham. • Headlight wigwag capability. 5 Map/dome/courtesy light(s) which provide the following functions: o When vehicle front doors are opened, none of the interior map/dome/courtesy light(s) shall illuminate automatically. o At least one map/dome/courtesy light (at both front and second row) that shall be manually operated to illuminate the seating areas. Quick release style driver's side inside door handle to allow the driver's door to be unlocked by pulling on the inside handle. Driver and front passenger front impact air bag. Driver and front passenger side impact air bag. All four (4) doors shall contain power locking and unlocking mechanisms controlled by switches located on the driver's side door control panel. ▪ All four windows shall be power actuated and controlled from the driver's side door control panel with a lockout feature to prevent other windows from being operated when locked out by the driver. Rear window defogger/defroster on a separate switch. • The vehicle shall use the same single key for ignition, doors, rear, and glove box (if vehicle includes). A set of four (4) total keys shall be supplied for each vehicle. Each vehicle shall be keyed individually. Arm rests on each of the four (4) doors (arm rests in rear passenger compartment may be mounted on other than the door if vehicle is so designed). Left and right remote control outside mirrors. Similar in appearance and mounted on left and right front doors, Both mirrors shall be controllable from the driver's seat. • Windshield and all windows shall feature tinted glass. • Light in rear cargo area with rear cargo door actuated switch. ▪ Standard tool kit including wheel changing tools and jack adequate to safely lift the vehicle. 4.26 Performance Renuirements: See Exhibit 1 for testing methodology. 4.26.. All vehicles shall meet the following Acceleration and Top Speed requirements: • u to 60 miles per hour in 9.0 seconds or less. • 0 to 100 miles per hour in 23.0 seconds or less. • 50 to 100 miles per hour in 20.0 seconds or less. • Attain a top speed of not less than 125 miles per hour within a distance of two (2) miles. • 0 to 60 miles per hour in 11.0 seconds or less at approximately 6,000 feet of elevation. 4,26.2 All vehicles shall be tested for the following Vehicle Dynamics: • Steering Response, Road Feel • Suspension- Roil Resistance, Front-end Div; Rear -end Squat • handling- High-speed Curves, Medium -speed Curves, Tight Cornering, Predictability WMINTON 1-XX-23-14 PAGE 5 OF 6 6f312015 UTILITYVEH1CLE, LAW ENFORCEMENT 135 of 504 IFB DGS 1409-011 2310-3116R1 4.26.3 All vehicles shall meet the following Braking requirements/tests. ABS Braking: s Full ABS stop from 90 MPH. Stopping distance shall not to exceed 350 feet s Vehicle stops in a straight line Disc Brake Piston Knock Back Testing: m Excessive Brake Pedal Travel • Braking System Provided Acceptable Stopping Power • Steering Pull or Wheel Lock -Up Pursuit Course Testing: Excessive Brake Pedal Travel • Braking System Provided Acceptable Stopping Power Steering Pull or Wheel Lock -Up WM NTON 1-XX-23-14 a as aa-a..-a-.Www* radiaalaaamaaaa +wa•ma.wa.-d. alafl A.4-+-a..- a.a PAGE 6 OF B C6f312015 (1TILITY VEHICLE, UAW ENFORCEMENT 136 of 504 Attachment C .rr flair y rood; Iptmt ;74:li ,, v.10 arid! Dab) E,t vt, T1—V.T I ,, ,il t, 4 Eaa• J A'a,-i i- I 8 b1. V8 EccBc0411b, = 1 i ntph 10,E TiptIoJi. 2016 vnurt POLICE trITERCER EQ,IMP I NT GROUP r{BA self I sea I I> 'l ? Iagersor Reat aa f[ -l'issid 2wRowslapotFicorCamp -Cloth ante -gear - Canter Flea Cvnao1ilow th air Mallow Pace =mote finish pfeta. Includes Gonads j - Top Plata- Fpaeth3 (mol.2 Iiotd ! as8) I I - Floor I librit and roar E- Deflates the stantd2rdconsole rrtour tpplate ) F kola; Notaualtablew;itoptions. IDA 67H,tt7Ef 1 $375.00 Fren4lioadletcp t Pace Intoceptor Muslim Only - Pat.dtllied hole fvr aloe nw ker poltoe uar, does not Maids. LED installed ! (aftt ittalsaneed bb drill twuatnaflee6mbitee) -Pre-moidari�idwa r LED Wee with et�rar et srd tlodcsealed capability {dree rat ;i uda LED Installed IOW Rohn Not e:wBablevilth cpatoria-86A aril VII I r . I $121.00 Front Headlamp L:gdttirrgSolutio n - Includes beet LED Lost taarntiricancleaoart atelopen) _High hash headlamp meI� Beam W s1eg limed= tell t►vsa Wtrite reaianDuer LED n weird Ws - fncludea premlre for attic LED lighlo. won and speaker WA) -461194 LEI) ligils tricauthat Cominoger'rarar indudad Salm Not ev to with 67H (Hole: Reoommatdusing oVind Package (ege)arU6koale1MnnpPsokseeOOWi 66A $818 OO ; *Tall Lamp t Pollee tnter+reptor Rousing Only -Pre•extehtlg Itc4ee wflr standard Wet To* rte.4.4 cepalaRty (dCas not CV We LIED i alled-11g11ba) $' 59. • (oliWesNot ravEileaatellt tenor eG8 arty d`"sbUtae) • TEA Lamp LightingSolution - includes.hatos t.r-D lights plus two i2) Mar integnated.iserniechericVithsed Mtn LED aide warning Mghts in Wilma* -LED LOU WV_ vamp, Contromenai' Wolfedt Nutdadiele,artei 67H Mu Rend using gn Ming UpRt Pacheco MO) or L Mlmala Ming Par o(i7U1 in • - $40$.flfl Rea Ughtlps Sctuhon - Inchides Iwo (2) tad lash Mg Omar hfgh-IntenellyLED Pghia (driver's aide red t paswig er aide We) mottled to trade litigate glass -Indatdestrr+o(2)backlit n linearhT�t-inies I LED fe(drt+ve soldered /PassengerWWe blue) retailed on trade ))pine (light4 arpverroeti+treri �'figabo is aped} - LED Ito his only. Wiring, cuntndlleenar Included hate;' Not essilablewith o}larm:8'Ai lstr: Rezammend +;rang Cargo Wring lic>;t Pa (61g) orMute trulAngFacing cam 68 $438.00 Cargo attiring Uplit Package - Rear coracle plate (68R) - contours through 2rt6 raw; channel for wring -Wring overlay harness with Mphensand siren tnterfececonneailatia -Vehicle Ervglne tissneem ra nit* toann ors--Iaupportauptoelx(8)I.trUghte(enpinecompartment) 1 a Won (2) (mile lightconnectors o Two (2) SO amp battery g ctroutta 1n right trend rear-gUerter power dleiributiOn Junction Wok o One (1) s- er Mid ( tO C ap -L' calm LWEng P E tot now -;Must] Kr-kifi vhrk Re se iortior( owaw l Wend i = row seas) -40%ca a l:Merllieray tanner ming (jumper =rem - Whalen Soac+710 ale too/mole to moo snag. Conned* PCi�to Donald toted - PI'6�uAif�rio fm . ptie 1.0).4411m. r speaker OM) - Doos•not- Wargo LECt o Recommend Folrce Wire Maumee Connector lots 470 and 21P Note NW ttymabtevxth c$1 ono. 66U, Mend 67U 676 i �2 ' Q I 1 ➢ 1 Rady for the Road Aikin COMM* PO Qgc ludeaPolies interceptor Peetragae:CEA,a65,6BO,Pi -Whelan Calaam Light Goatee( Head with ate MIdam ht --tviiheiert Concern Relay Center/ Start/ Amp vfw rrettrD Advisor (mounted behind 3."i° row see) -t tbtlinll6eri nek Comm Atriaty bersa s 5 dp inpr tp tFtt 4:31 3L'lfECAN Csisio [woad* to cargo area) came* 0610300107 Vert Usad - ProWifinil for gnika LED tints, aereri a7rd ODA) -Itwormedtsptsta{85f)-contours through rtirow; rtutnnetWonting -- pn114 Meer LED Lights (Red f Ekm)end harness -100-Wutte1ninISpecker -Hidden Dc M-ock Plunger! Raer-Door Mndles k1 2bf8 {6 -Wring Hamel* °Two (2) 6D atop buttery end ground circuits In RH rear -quarter Note: Not ave )aide w1thoptiorra eaA.68S. 560, 07+0; 07U end e8U • 1 i $3,277.00 * w ft r t16 model %Tim P n link Beff in_�Clufa 'tt C3toir r. $ = a"d Et at gaff 4 a 1pliemli 1 talon 137 of 504 2O 6 UTIUT? POUCE1�FtG W Q#2 EQUIPEIENT GROUP -t ces -� e s tee it* - Mdag tore liable. PM alit al:G* r -Wring bones VP b rear caws was (overlay) aDo{ {�hiCattes-�enppc etpW lEDitpta to nen1421ej c t Phi and iGcana in RH mar.quaiter . $ � n 0.( i) 10-arap per tcercl d engine mu wee rtbtlaerwo -Hear ieten *Ina- orbs tip to sat nmrtED Wile - Cosa 'Ise hob* LED Ivhte,e&!sireorc hsaner o Rent ramac+d PacerViene tuenrine Oreiraoita`itfta 4'rn and 21P Nam Not -*Wale eeth epilog's: eiRJ, BM BTH Peace WielHerricct bterAR-Front Far cannel 4 y to Pad Pt PacItece acWlans Inca. : ' (21, blare4.pbt connectors R x clam r fa) 4-cin connectors for egllllngtetranispoaxer • rt 4-pes V opt rec We . (f) 4•pkt IP oorurector rnr PM ontralrer corara:pvhy • Ill rpm seared Owsischor • 0) 14-pan IPconnector tiez sereL1pOuvi 20114,10rfuratwde $100,00 PoIrcoWire Holum Connector iclt•bear I For co nreclnttlr to Ford P a scallions Include:: ' (I) 2 plc connegarfor rear( p • Fema4.prnaarer r - l • ,Aere4 pin Conned= • 1O•pe1 connectorHato y y JJ4` ... 9.n1:.1.'. ` -...,LA,, � .3, r guide I�Wy,a iyMe, stP S126.00 y�¢ ,, g � ce' k1 r 1107.4 ''�iFtftl`. 6 ~ i 1 . .k!1Sr ^� ,� }y J -} . ' . -' ` 'p �? S�?7w`'' . ,r,'. ,y:ariltii-7474. Engine Nock Maker 4001 •'6R7_op t.It eneelyPh[te� a Breaket- Flom i �,f��,'�1; i'i �f--W.-i Y A r.siecep`.a;.4, t:'.r; �M L.,S e' -2ww rie.y'c'Ji .y e;r !SFr-}i' Yt -..: . .w �"` � A.. l} ' e -' ''` .r4 Auto Heetdlarnp oB.M. $ 1 ' ei MIRCar rapWro+Goer yd g wS +anyde risopened pt9iEro& Rwee&rg Lerma lid00 Dome Lamp- RattA brim In Cargo Area t ri $.0 OD aFrent1JWrrnr9 Auxitany Licht t - Red l Priale ryerside-SW Now Rea $Q1l 211. ,. $529.00 Forward !actor Packet Warring Li d-► om Park Tam ph+er a1de•-fad 1 Passenger side- Hot- Pequtrea e0A tic . $614.00 PrawdrIng for grrlfv LED lighte, ens" end speaker $ 0 00 94A 01 P-SBAIP47G t P43711/ P4711 *Se Motor LSD -SidindeowMIrmn'Prefix lid* - Rot/ Pa ]sate-Bt j ,.. i taco I. das pie of exterior r�rnotioltelrer i iitahieOrgy %farts ,=liarOai liar Iru +6au,'• laate Rawl= 6014 No Rosonunesd sake) Ocalo WT t►o UpiltPetakese (47,31. ReedytorihaRoad Moine EB71 j yr UltraQ* (67th $280.00 [ViVlopP R.eee'Matter Olen SliieMt kisrUphis(MyerWelk- Red iPaccermare -VW seen.-* : '}".-r'.'�� *J�'� • !a .. :,. �{ ry. ai {.,,,.: Al �88� } `�`.'D�Y Pr �:[j��. �►}..1'4�'. I,:{r.'h11', ��. {1, . � "+a..' � ./.. h��'�����i/ 9rx• MP Pm $iC D tio't > a at! air is wet Itoatanp rrnaotalt � 'p iuy'. "7� ' 4 �".1 _ ��.. �i: i � $134.ir0 aPattamP Prep Ilk Cht4 Sidea Uotos Dow not Wadetpat temp na and Iris ' 81W $270 00 M _ g Y #*1' . iit .fVA! 2 ]?+leer only _ }, - 41Y ..` drys... • SA16.00 Dust (detverarid •:.. • 0 LTA) • : VIZ $33 00 .,xt� fry (M�y+,L'p41, �s �. may,-- I+w'M..' ,P- y� rfc +- +X'r ih..-Y 3 a +F=�f g£S.�i =�'...�'�'ty. Lr�''f. i� N� e'alft 'Ofasr {u't iR �.. rl o-` i�.;M• rr, � .1 { ry - .`...vil .Y: f" t;c 1�[�'$� ._ as $ . ..... Driver Only i ) E '4 aF ae . . th-1 tdatver and . .9- IlKail . • 5 00 Dead (]Inver anti passe moor) (Whalen)4 ! EV e in r i 1:1 ik..p ; f 1: ',j.i.1 rY,'7r' '. - s _;�. lR'1 !1*,4: fr g 4 t_'fi. iTh .. T 10 V 1' J r fi "tu _ .. 7:: Gan Solar TWA 2°1Rovl Rear Cesalerand L aVatrtert' : -, prweey c'•....•, 120 f ..,Q1 Glaal- Solar lilt R4w0oty PneeCyMess onRoot i7[crarlstend Wads Medoff ,-- s'E- ,..-s a ,N sv I�6Bdrtar NSMQ veer P a frttlusfsd�lent Grotak8s2;Standard Etogarrst ID c c* 1onat l7WlatOR 138 of 504 2016 trainf POLICE IETERCEFrOR ECIUMENT GROUP Roof Raair 333do Ra110.• B11k Caned* Plate (Standard on reasmast ow* "I'VeRk-4•T4 S.s 4e-WAI• Two•Tone Vapid NO:op• al • Root Vinyl Re4.11.1i Pratit-Pooteitnyt • ROM Reer-Doora Vinyl • mitt r4 Only *to: Not andleblevellts tItet fedawl op melons: 010,aiu01E. 01P, MS. PIK 01.1 TnTiMiyL PatdotW3 • RooMayi • NNW flont-Doora nly Vtrtyl ▪ White (YZ) GA' Note, Not evelebteultheta,'J folleetag *tow "IA, 0111, 01K MP, ale, VTR 331J Teteo•nete Vim! - Roof • Roof Vinyl • Ma Only I Now Not eitailelovskt; trofotiotAd rig MOM el Cie TKO¶Wo.TcflVii4RFLH Frona0oors • Vendia Veto 'os.a•A Net la.,oiatbrawitte Ira totowirto coflat = M. 91C, ird7,110. 111,AM 91A $807.00 SRC tIN $673.00 $471,00 7293.00 dlayl Word Wrap- MICR "non-refltiodver • Vade ra) lottarInte WNW ore 1.11•RH sidle) of Wilde Nottn Not avolablawah the %Woo options. 03A, WO. 01E, iP.910‘ 034 Vinyl Word Wrap - POI.= utateotivee • lettoing located an LliiRtt aides of vela Netter NMhltsfOIowin9cPdoole StA, 01C, OW, 01F. till "V Viol/Mord Wrap,- pours i'reflociPilt" • WNW leteadrad boated on !HRH aril 030E0110 ' Nato Not ovealattevath Rao* eg opemos INA, M. 01%11E, 010. 01J ittD $764,00 eis $764.00 11 P $764.00 . Vinyl Word Weep - SISIRIFF uttonnelleofiven • Wit% Imitating looked 04 1.11/111.3 *idea Oven)* Wen Not awl*. win the • trIA, 1C.SID, 1E.$i, irhe Wrote( Covers (T a' Pull Paw Wheel Color) Note: Only available whit* standard Police wheel, not enSetle Wee 84E 10' Pairtect AO:mimeo Wheel Note: Spare wheel it an IV OrinventIoesi (Poke) lelook steel wheel 034 $764, 00 • 474:4-ZiA11111141. ,114,ZtVg-Arii7 $59.00 $457.00 , nits 7.4. c 1..-4,,,. 07R 33N-AsE.,46-ill,'VTAGt Rear Mew Camara (Includes Ellia0d1101110 FkowN107‘ btaror- %it* is *volleyed In rear WOW Soto Teta cotton vould emplace telecamera the oceiv•• vtoedard lathe 4' miter Melt wee. NCt 061115M 1164 only ta *splayed intim lr` moor evalleVerlyelleer ins rear now alma MR NC WNW, Bade (Volothatedvatid Otartuitunladeon SyelanS -indudw Ores We Port OS IWO itualarY ratan look owl $284 00 . . .•is (4) 03totteson Idea niniet Pops IPER 5 Rerrosogoble -i avettotwel on visarlrep wheel OM SYNC -;:r . - -dimer;p0-40.--`,;tcp- 0.1. ,..14"F;If*VOteitV-i-..Wir;1 1-451) ,-• 1 ft' . 400-6, ic....i.,..,,,- :.1- . 4, , 'ir.,. IT 4... .- i., "04 - 7 $3300 - • -1 N.1;er-Ocor Wadies Igloos** / Lext-fat Operable liore,4?ocriiannies in000ratner Loofa Mope:able NM $33.00 • Kaden Dear4srat PkingerotRear-door liendinet.urabi.) OH .i .tri Miran Docolock PkungerwlRear-deor evandiVe award la iv 154 00 r R471i .04.'44'..- 41-11Nrt-klatgo,_61MISSEENZe. . 1.... . '44 ...Nil..0F' r4s!.'__-.'"'.,,, , - ,•.'..k.:?..7':41 .f.. i 1 $12140 / P4a11 kw, Neammralow power dolkl, opeeiddia fret/ttlievar • A -jfi 12 row aaroolfloar waren!, Onotudas 000r retedo, front mid rote4 150 •Ornate t:golti Seats • 1' fLesu . * power passeiasteed CS)immti =Sward tanbar gale AvElablfd0 $31A co a E Rork Onnsois Mews- 3.3viege I No & Nat ve/ailelkaviell op5an. 570. Vet ilit),05R at Nc I 12-040.4 Roar Console Plate • Now Not um:labia yetth oPtloir estl, ets3 0 ON .18.2.......L.MILU 4,1-0a 4tri p.orti i P471.1 v. 3 tx - , . i . '!'fr v,-..-'1; • _.•,:,..:itA-:!.. lArfrIC-C;00T.21:11,.''_;;Iitit!Gif.M.$1-2-Aillrf;.31.- ' Weiie-'0;4,4.14..eir •Keyed Ms -14alc 1 Cottons al& 080 ilaki aro 521notvtblo Ire any coontination * Neer modehrear P ;P included Ezifirmictazulal qtandeni W41)111E0.107 Zigtiot runt :Jam= 1 39 of 504 201e warty POLICE INTERcEPTOR EQUiPMENT ,n 4 sgrti _ +u.li ,,,. .; 4 x:9Lr. Jl. =- 0,,, .., r,.wt..i a r }lti (eyed AIIlike- 7204x .. i i�rlYe Keyed dldl�e•-791bt I 5140 �IO.ri �14�lFPln nil spy,, KeyedAAP $50S11k Wayecl# -Ville N,1 00 KeyedAlike-14R411 C 0,00 Keyed Mks -Mix 53 t I t -'.`414C, t 11Y �7►;' 3�Mi•P'4' ` _ ,F11,.. .` � *s,,io i`ktr: BeiacDpoPR _DoverFmnt.aca Only s4Cl _I 24f ar & t Be3lsrUc �-17aiver & Pasa t=rrxtt-t}aors NE contraa ALI - Mind Spot flOrmItorimalelb Crowet ►flGoAlsrt (Requires S4Zi Nate Indcact:1e momual fata<n aqr armors,wno vro men" Wei pt1 9►WPM AO (AU $523.0C e ocktblo Gas Cap its Easy Sues& Depress t*ual-FiQpr 194 • $I9.041 Minus--t+a®@ed mbar, - _ c54-) ( 41 PerbnoterAntolba t Alarm-Aoevetad by/tope, Omer UAW* 144 g r 0y Remote Keyless -Entry Kay Fob (Vdo Note Not veleta, , a Pam, s,► FATS), AU$250 AO Reveres amine "6 00 1p:il .$, ; 41-kh:4�9. ice l' CIk:,a5 10.3 }S. Aux PJr DamdfbCne o Nam Pal avda* W Cyr stor ee vita - , •7c. A` i�� Y i'4 . ? tea 0O Pledge eligate -- Delete' ths"Pa1<osinter-pi- bedgIng on rear nate I_veletaspteinterpep4oY'hoeing oclRoot hclodSE"wq) 130 _ . NC . • CalgoStorageVaultpcludiAr lookabl e floor end gothpartmentligng I 3t+* [e: Mat aveil le wilit Aux krCandlean sglzaA?: $235.00 GuardsI Scuff Protective wrap edging loc tedtm innIA edge of both taar ors ' - surfaced Omar bumperprofaatiheupparguffaw ban paint damage that ten eocur to . t`�D $87.00 . I *Speed Fleet ldteMage enit ! -Mtn dealer or led adr lo Itaroarthemaximumt a antlthe meadow' eud3o I Weigel wham mini; a Ford vuillionmed 10S -Mon use U [ in a eed to be eat armaments stio smelter a -iO4 mph) Noter See UMW* SIAMimitate,' *toll wataglodupsopfporuzz $59.00 Mee Suppression Souls (3rourrd Straps) $96 00 Enhanced MU Gooier.. PDwsrTranm* butt - R,eobeuneltdr d Usage: EOC Trailing; Con3rnrous :Extended track Wage Kobe ThleP9UCoolers not reomodfor dulyloday petrol woe Pm vo Revareaihe1 a VBScoectatraEngine CON) OS $2,809.0i i CO Mt StrentSpeakergnclndeeleiendp 2 a jaw_ /P 1H * = Nmirror till madMtiper p R Irlobldatt Wig AA Grajl, 3u Stetted E u1oment A . tip r 1 t For/ DTA= 140 of 504 Department of General Services Procurement Division 707 Third Street, 2nd Floor West Sacramento, CA 05605-2811 State of California CONTRACT USER INS R UC` **** MANDATORY **** CONTRACT NUMBER: 1-15-23-14B — Supplement 1 DESCRIPTION: Ford Police Interceptor Utility SUV CONTRACTOR(S): Folsom Lake Ford CONTRACT TERM: 6/30/2015 through 6/29/2017 STATE CONTRACT ADMINISTRATOR: Rudolph Jimenez (916) 375-4390 Rudolph.Jlmenez a dgs.ca,ypv The contract user instructions, products, and pricing are included herein. All purchase documents issued under this contract incorporate the contract terms and applicable California General Provisions. Al! Changes are in RED Signature of File Date: 9/23/2015 Timothy Smith, Contract Administrator 141 of 504 STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION COContract Mandan 1-16-23-14143-- Supplement 1 Contract User Instructions Supplement No. bJM ARY F a ' Desc riptio nfArticles Supplement Date 1 Subject contract for Ford Police Interceptor Utility SU's is hereby modified to reflect the following change: Article 33 Contract Administration, Contract Administrator has changed from Timothy Smith to Rudolph Jimenez. All other terms, pricing, and conditions shall remain the same. 9/23/2015 Contract 1-15-2344B — Supplement 1 User instructions 142 of 504 912312015 STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION sect McnOsitozy 116-2349 - Supplement 1 Contract User Instructions 1. SCOPE The State's contract with Folsom Lake Ford (Contractor) provides Ford Police Interceptor Utility SUVs at contracted pricing to the State of California and local governmental agencies in accordance with the Gi _._._{.. of h a... i G 23 1 i T' L hall t rtf r..�LFSE �t {ti�3!.`5 b.-�riEt�r� � E-1 �-z �-1�+1;, The Contactor s!!�!! supply the entire portfolio ofpmducts a5 identified in the contract and will be the primary point of contact for data collection, reporting, and distribution of Ford Police Interceptor Utility SUVs to the State. The contract term is for two (2) years with an option to extend the contract for one (1) additional t.:e!ve month period or portion thereof. The terms, conditions, and prices for the contract extension option shall be by mutual agreement between the contractor and the State. It a mutual agreement cannot be met the contract may be terminated at the end of the current contract term. 2. CONTRACT USAGE/RULES A. State Deoartents o The use of this contract is mandatory for all State of California departments. Ordering departments must adhere to all applicable State laws, regulations, !policies, best practices, and purchasing authority requirements, e.g. California Codes, Code of Regulations, State Administrative Manual, Management Memos, and State Contracting Manual Volume 2 and 3, as applicable. Prior to placing orders against this contract, departments must have been granted non -IT purchasing authority by the Department of General Services, Procurement Division (DGSIPD) for the use of this statewide contract The department's current purchasing authority number must be entered in the appropriate location on each purchase document Departments that have. not been granted purchasing authority by DGS/PD for the use of the State's statewide contracts may access the Purchasing Authority Application at htte/lwww.dos.ca.govJpolResourcesloublicationsfSCM2,asnx or may contact DGSIPD's Purchasing Authority Management Section by e-mail at Damsedas.caQov. Departments must have a Department of General Services (DGS) agency billing code prior to placing orders against this contract. Ordering departments may contact their Purchasing Authority contact or their department's fiscal office to obtain this information. S. Local Governmental Aggpcies ▪ areal gcwemrnental agency use of this contract is optional. o Local government agencies are defined as "any city, county, city and county, district or other governmental body or corporation, including the California State Universities (CSU) and University of California (UC) systems, K-12 schools and community colleges", empowered to expend public funds for the acquisition of products, per Public Contract Code Chapter 2, Paragraph 10298 (a) (b). While the State makes this contract available to local governmental agencies, each local governments! agency should determine whether this contract is consistent with its procurement policies and regulations. • Local governmental agencies shall have the same rights and privileges as the State under the terms of this contract. Any agencies desiring to participate shall be required to adhere to the same responsibilities as do State agencies and have no authority to amend, modify or change any condition of the contract. ▪ Local governmental agencies must have a DGS agency billing code prior to placing orders against this contract, DGS agency billing codes may be obtained by wailing the DGS billing code contact with the following information: Contract 1-15-23-145 .- Supplement 1 User Instructions 143 of 504 €l2312015 STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION Col Mee y Stpplemeni i Contract User Instructions o Local governmental agency o Contact name o Telephone number c Mailing address o Facsimile number and e-mail address DGS Billing Code Contact: Marilyn.ebertadgs.ca.gov C. Unless otherwise specified within this document, the term "ordering agencies" wilt refer to all State departments and/or local governmental agencies eligible to utilize this contract. Ordering and/or usage instructions exclusive to State departments or local governmental agencies shall be identified within each article. 3. DGS ADMINISTRATIVE FEES A. State Departments The AGS will bill each State department an administrative fee for use of this statewide contract. The administrative fee should NOT be included in the order total, nor remitted before an invoice is received from DGS. Current fees are available online in the Procurement Division Price Book located at: htto:1/www.dgs.ca.govlofs/ResourceslPricei?ook,aspx. (Click on "Purchasing" under Procurement Division.) B. Local Governmental Agencies For all local government agency transactions issued against the contract the Contractor is required to remit the DGS/PD an incentive Fee of an amount equal to 1% of the total purchase order amount excluding taxes and freight. This Incentive Fee shall not be included in the agency's purchase price, nor invoiced or charged to the purchasing entity. A!l prices quoted to local governmental agency customers shall reflect State contract pricing, including any and all applicable discounts, and shall include no other add -on fees. SB/DVBE OFF -RAMP PROViMN There is no SB/DVBE off ramp associated with this contract. 5. EXEMPT PURCHASES To pututtasci Utlier than the contract commodity listed requires an approved exemption from the DGS/PD Contract Administrator. Please refer to http:Uwww.das.oa.00v/pd/Prograrns/Leveraged/contractsffxemptionprocess,asex for information and the required justification forms regarding the exemption process. S. PROBLEM RESOLUTION/SUPPLIER PERFORMANCE Ordering agencies and/or contractors shall inform the State Contract Administrator of any technical or contractual difficulties encountered during contract performance in a timely manner. This includes and is not limited to informal disputes, supplier performance, outstanding deliveries, etc. For contractor performance issues, ordering agencies must submit a completed Supplier Perfosmanoe Report via email or facsimile to the State Contract Administrator. The ordering agency should include all relevant information and/or documentation (i.e. Purchase documents). Contract 1-15-23-14B — Supplement 1 User Instructions 144 of 504 9/232015 STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION Contrag Man y 1-15-23-1 -- Supplcrnerit 1 Contract User Instructions 7_ CONTRACT ITEMS The following one (1) vehicle is available for purchase under this contract: FORD POLICE INTERCEPTOR UTILITY SUV No other Ford vehicles are available for purchase under these contract terms. 8. SPECIFICATIONS The vehicle listed on Attachment 1, Contract Pricing, must conform to the State of Caiifomia Bid Specification Number 2310-3116R1, dated 6f312015, Attachment 2b 9. CUSTOMER SERVICE There are no specific customer services requirements associated with this contract, 10. ELECTRONIC CATALOG/CONTRACT WEBSITE CONTENTS There is no electronic catalog or contract website associated with this contract. 11. PRE -ORDER CONFIGURATION CONSULTATION (OFFER GENERATION) There is no pre -order configuration associated with this contract. 12. ELECTRONIC WASTE RECYCLING FEE There is no electronic waste recycling fee associated with this contract. 13. PRODUCT SUBSTITUTIONS There is rio product substfutioi s associated with this contract 14. PROMOTIONAL PRICING There is no promotional pricing associated with this contract. 15. STATE AGENCY INFORMATION TECHNOLOGY CERTFICATION REQUIREMENT There is no technology certification requirement associated with this contract. 16. PURCHASE EXECUTION A. State Departments 1) Purchase Documents State departments must use the Purchasing Authority Purchase Order (Std. 65) for purchase execution. An electronic version of the Std. 65 is available at the Office of State Publishing web site: nttp:flwww,dgs.ca.covpdf orms.aspx (select Standard Forms). Ail Purchasing Authority Purchase Orders (Std. 55) must contain the following: • Agency Order Number (Purchase Order Number) Contract 1.15-23-14B — Supplement 1 User instructions 145 of 504 g,123+ .o1a STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION Contraa Uivadatoil 11-1—Suplematt `r Contract User Instructions Ordering Agency Name Agency Billing Code Purchasing Authority Number Leveraged Procurement Number (Contract Number) Supplier information (Contact Name, Address. Phone Number, Fax Number, E-mail) Line item number Quantity Unit at Measure — (each) Commodity Code Number Product Description Unit Price Extension Price 2) Blanket grders The use of blanket orders against this statewide contract is not allowed. 3) American Recovery and Reinvestment Act (ARRA) - Supplemental Terms and Conditions Ordering departments executing purchases using ARRA funding must attach the ARRA Supplemental Terms and Conditions document to their individual purchase documents. Departments are reminded that these terms and conditions supplement, but do not replace, standard State terms and conditions associated with this leveraged procurement agreement. ARRA Supplemental Terms and Conditions Note: Additional information regarding ARRA is available by clicking here to access the email broadcast dated 08110109, titled Supplemental Terms and Conditions for Contracts Funded by the American Recovery and Reinvestment Act. B. Local Governmental Aaenctes Local governmental agencies may use their own purchase document for purchase execution. The purchase documents must include the same data elements as listed above (Exception: Purchasing Authority Number is used by State departments only). C, Documentation All ordering agencies will submit a copy of executed purchase documents to: DGS - Procurernent Division (IMS# Z-1) Attn: Data Entry Unit 707 Third Street, 2`t Floor, MS 2-212 West Sacramento, CA 95605-2811 11. MINIMUM ORDER The minimum order shall be one (1) vehicle. 18. ORDERING PROCEDURE A. Ordering Methods: Ordering agencies are to submit appropriate purchase documents directly to the contractor(s) via one of the following ordering methods: Contract 1-15-23.14e — Supplement 1 User instructions 146 of 504 5J23t2O15 STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION Contact Mrodal 'y 1-1E-22-1413— Su7p m& nt 1 Contract User Instructions • U.S. Mail • Facsimile ▪ Email The contractor's Order Placement Information is as follows: ORDER PLACEMENT INFOi t lATi U,S. Mall Facsimile Emall Folsom lake Ford 12755 Folsom Blvd. Folsom CA, 95630 (916) 353-2078 danrWolsomiekeford.00m Note: When using any of the ordering methods specified above, all State departments must conform to proper State procedures. 19. ORDER ACCEPTANCE The Contractor shall accept orders from any State department or local governmental agency. The Contractor shall t_c t accept purchase documents for this contract that • Are incomplete; • Do not have a DOS billing code — (local agencies) • Are submitted without Contract Administrator approval of non -core Items Contain non -contract items; or ▪ Contain non -contract terms and conditions. The Contractor must not refuse to accept orders from any State department or local governmental agency for any other reason without written authorization from the Contract Administrator. 20. ORDER RECEIPT CONFIRMATION The Contractor will provide ordering agencies with an order receipt confirmation, via e-mail or ffrsirnila, within 48 hours of receipt of purchase document The Order i ecaipi Coiliianation shall include the following Information: • Ordering Agency Name % Agency Order Number (Purchase Order Number) Pi Purchase Order Total Cost • Anticipated Delivery Date 21. OUT OF STOCK REMEDY Under no circumstance is the Contractor permitted to make substitutions with non -contract items or unauthorized products. 22. DISCONTINUED ITEM REMEDY Under no circumstance is the Contractor permitted to make substitutions with non -contract items or unauthorized' products without approval from the Contract Administrator, 23• DELIVERY SCHEDULES Contract 1-15-23-14B — Supplement i User instructions 147 of 504 9123f2015 STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION Con1 iir..ndatory i -i 2 -i .- $u p rtey It Sr Contract User Instructions Delivery for orders placed against the contract resulting from this solicitation shall be in accordance with the following: A. Pre -Delivery Checklist Prior to delivery, each vehicle shall be completely inspected, serviced and detailed by the delivering dealer and/or the manufacturer's pre -delivery service center. A copy of the pre -delivery checklist shall be completed for each vehicle, signed by a representative of the organization performing the inspection/service, and delivered with the vehicle. B. Locations Deliveries are to be made (statewide) to the location specified on the individual purchase order, which may include, but not limited to inside garages and parking lots, C. Schedule Delivery made to any State department is to begin within 90 days after receipt of order (ARO). State departments may limit delivery to a maximum of ten (10) units per working day. Delivery to local governmental agencies is to be completed in full within 150 days ARO. Since receiving hours for each ordering agency will vary by facility, it wiii be the Contractor's responsibility to check with each facility For their specific delivery hours before delivery occurs. The Contractor must notify the ordering agency within 12 hours of scheduled delivery time, if delivery cannot be made within the time frame specified on the Order Confirmation. Contractor is requested to make deliveries in Los Angeles County, Orange County, San Bernardino Metropolitan Area, and San Diego Metropolitan Area during off-peak hours. Off-peak hours are Monday through Friday, 10:00 AM to 4:00 PM_ D. Security Revuirernents Deliveries may be made to locations inside secure institutional grounds (such as the California State Prisons) that require prior clearances to be made for delivery drivers. Since security clearance procedures for each facility may vary, it will be the Contractor's responsibility for contacting the secure location for security clearance procedures, hours of operation for deliveries and service, dress code, and other rules of delivery. Deliveries that are delayed due to drivers not being cleared to enter institutional grounds may cause your rim to be declared en default of contract requirements. Note: In accordance with paragraph 15 of the General Provisions entitled "Delivery", the contractor shall strictly adhere to the delivery terms and completion schedule as specified in this solicitation. Failure +n comply with the delivery requirements, as stated, may be considered a breach of contract and subject the contractor to General Provisions 26, entitled "Rights and Remedies of the State for Default". 24, EMERGENCY/EXPEDITED ORDERS Not Applicable. 25. FREE ON BOARD (F.O.B.) DESTINATION The Contractor is required to deliver vehicles to State agencies or local governmental agencies FOB Destination, Sacramento County. Additionally, delivery snail be FOB Destination to the California Highway Patrol (CHP), Fleet Operations, 3300 Reed Ave., West Sacramento, California 95605. Vehicles shall be delivered from the factory to the dealer's place of business. if the purchase order indicates delivery outside an FOB point, the dealer and agency will negotiate for delivery beyond the FOB point. This delivery may be subject to an additional delivery charge by the resulting coniractor(s). This charge shall be shown as a separate item on the purchase order and invoice. Contract 1-15-23-148 —Supplement 1 User Instructions 148 of 504 CI23/2015 STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION Contmot iloczincitikxy `-96-23-i 3--Supplie�l� Contract User Instructions State agencies requesting delivery outside the FOB area must contact the Office of Transportation Management for freight rate comparisons if the dealer is delivering the vehicle, These delivery instructions will be provided on the purchase order. Dealers receiving a purchase order without specific transportation instructions must contact the ordering agency. Caravan or drive -away method of delivery from the factory to a dealer is not acceptable. The Contractor shall insure that each vehicle reaches its delivery point with no less than five (5) gallons of fuel in the fuel tank. Drop ship deliveries shall not be made without prior State inspection. Vehicles delivered from the Contractor with more than 50 miles on the odometer will be charged 50 cents for each mile exceeding 50 miles. This charge shall be deducted from the order price for each vehicle delivered against each order. Vehicles delivered with more than 250 miles on the odometer will not be accepted, 26. PALLETS There are no pallet requirements associated with this contract. 27. SHIPPED ORDERS All shipments must comply with General Provisions (rev 06/08/2010), Paragraph 12 entitled °Packing and Shipment". The General Provisions are available at: htte:llwww, documents.dgs.ca.aovlpolm odellanafG Pnon IT060810.pdf. 28. PACKING SLIP Not applicable to this contract. 29. PACKING LABEL There are no packing label requirements associated with this contract. 30. HAZARDOUS MATERIALS DOCUMENTATION t� r. h -.:a. chemical !'i i iir �Ni'vtiiiv � �+�+'ti+ �ais:iirdv.ass wi rc.. �.i.,��$, ►7.t+ defrned 13y .�alifomia Code of Regulations, Title 8, Section 339, the Contractor must provide a Material Safety Data Sheet (MSDS), via facsimile or email, to the ordering agency Upon written request. 31. INSTALLATION There Is no installation associated with this contract. 32L a :0% ANra ACCEPTANCE Vehicles ordered for State use will be inspected by a State Inspector at the dealers place of business. Inspection will commence within five (5) State working days of notification that a vehicle is ready for inspection. Inspection win include: specification compliance, workmanship, appearance, proper operation of all equipment and systems, and that ail documents are present. In the event deficiencies are detected, the vehicle will be rejected and the delivering dealer will be required to make the necessary repairs, adjustments or replacements. Payment and/or the commencement of a discount period (if applicable) will not begin until the defects are corrected and the vehicle is re -inspected and accepted. Completion of inspection or acceptance by the State Inspector shall in no way release the dealer from satisfying the requirements of the contract, specifications, and warran!y. Deviations from the specified Contract 1-i5-25-i4B — Supplement l User Instructions 149 of 504 3 015 STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION Cionti.uct 14461thatok-y 1.-1543-1a -- 3u pI nar Contract User Instructions requirements that are detected by the inspection shag be corrected by the dealer in an expeditious manner at no expense to the owning agency. Inspection by local agencies will be et the dealer's place of business or as otherwise agreed to by the dealer and local purchasing agency. A. DOCUMENTS: The following documents shall be delivered to the receiving agency with the vehicle: 1.. Completed and signed pre -delivery service checklist, including the order number and Vehicle Identification Number (VIN) 2. "Line Set Tickets or "Window Sticker" showing all options installed 3.One (1) copy of the vehicle warranty 4.One (1) Owner's Manual 5.Speed Calibration documentation for each vehicle 33. CONTRACT ADMINISTRATION Both the State and the contractor have assigned contract administrators as the single points of contact for problem resolution and related contract issues. Administrator Information ? DGSIPD (State Contract Adam# strator) Folsom Lake Ford ' (Contractor) Contact lame: Rudolph Jimenez Dan Raimondi or Mark Paoli Tele hone: (916) 375-4390 (916) 351-4246 or (916) 351-4202 Facsimile: 1916) 375-4613 (916) 353-2078 Email: Rud 1ph.Jimenegadgs.ca.gov danr@folsomiakeford.com , markpaoIk folsomIakeford.corn Address: DGS/Procurement Division Attn: Rudolph Jimenez 707 Third Street, 2nd Floor, MS 201 West Sacramento, CA 95605 Folsom Lake Ford 12755 Folsom Blvd. Folsom CA, 95630 34. RETURN POLICY Not applicable to this contract. 35. CREO f POUC`".+ Not applicable to this contract. 36. RESTOCKING FEES There are no restocking fees associated with this contract. 37. INVOICING Ordering agencies may require separate invoicing, as specified by each ordering organization. Invoices will contain the following information: Contractor's name, address and telephone number Leveraged Procurement Number (Contract Number) Agency Order Number (Purchase Order Number) a Item and commodity code number Contract i-15-23-14B — Supplement 1 User instructions 150 of 504 s123r2o15 STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION Guntrect kimcistory 1-1..22$.1 — Supplement 1 Contract User Instructions • Quantity purchased • Contract price and extension e State sales andfor use tax • Prompt payment discounts/cash discounts, If applicable • Totals for each order 38. PAYMENT A. Terms Payment terms for this contract are net forty-five (45) days. Payment will be made [n accordance with the provisions of the California Prompt Payment Act, Government Code Section 927, et seq. Unless expressly exempted by statute, the Act requires State departments to pay properly submitted, undisputed invoices not more than forty- five (45) days after the date of acceptance of goods, performance of services, or receipt of an undisputed invoice, whichever is later. B. CAL-cerd Use Use of the CAL -Card for payment of invoices Is no allowed under this statewide contract. C. Payee Data Record Each State accounting office must have a copy of the Payee Data Record (Std. 204) in order to process payments. State departments should forward a copy of the Std. 204 to their accounting office(s). Without the Std. 204, payment may be unnecessarily delayed. State departments should contact the contractor for copies of the Payee Data Record. 39. CAL -CARD INVOICING Not applicable to this contract. 40. CALIFORNIA SELLER'S PERMIT The California seller permit number for the contractor Is listed below. State departments can verify that permits are curient:y vac", at to following websits: wvi,w.boece. ov. State departments must adhere to the filo documentation required Identified in the State Contracting Manual Volume 2 and Volume 3, as applicable. Contractor Marne Folsom Lake Ford I SR KR 26797640 Seiler Permit # 41. A+ CESSIIILSTY COMPLIANCE/ VOLUNTARY °RO! L CT ACCESSIBILITY TEMPLATE (VPAT) There is no accessibility requirements associated with this contract. 42. WARRANTY The manufacturer's regular new vehicle warranty shall apply to all vehicles procured against the resulting contract. The warranty shall be factory authorized and shalt cover not Tess than 3 years/36,000 miles bumper to bumper, no charge parts and labor. All emission -related components shall be warranted in compliance with the California Air Recourses Board (GARB) and Federal requirements. Contract 1-15-23-14B — Supplement 1 User Instructions 151 of 504 5123/201:r STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION Contract Mailtrkiatory 1-1:1-23-M—SuWernent 1 Contract User Instructions This warranty shall be honored by all franchised dealers of the vehicle within the State of California. The State's established preventative maintenance procedures and practices shall be acceptable to the manufact irerldealers in lieu of the manufacturer's prescribed procedures, whi h may form a part of the warranty. Ali warranty certificates and/or cards shall be supplied with each vehicle delivered. If an additional extended warranty is purchased, a warranty certificate, warranty card, or a statement indicating the extended warranty has been recorded with the manufacturer shall be furnished with each vehicle delivered, Nnrmal wear items such as tires, belts; hoses, headlamps, light bulbs: brake linings, brake discs/drums: etc. are excluded from warranty coverage. All other items not subject to normal wear or gross operator neglect and abuse, such as window, seat or wiper motors, chassis electrical switchce (doer, trunk lid), paint, hinges, locks, etc., shall be covered, The State reserves the right to use re -refined lubrication oils, where available, in lieu of the virgin equivalent oils. The re -refined oils used by the State will meet ail API and SAE standards and specifications as set forth by the vehicle manufacturer. The use of said oils shall In no way void or degrade the original manufacturer's minimum 3year136,000 mi[e warranty. The State reserves the right to use recycled content antifreeze/coolant, where available, in Iieu of virgin equivalent antifreeze/coolant, in servicing its vehicles. The recycled antifreeze/coolant used by the State will meet ail ASTM standards and specifications as set forth by the vehicle manufacturer. The use of said recycled antifreeze/coolant shall in no way void or degrade the original manufacturer's minimum 3-year/ 36,000 mile warranty. "Manufacturer's Warranty Policy and Procedures Manual shall be made available upon customer request 43. QUALITY ASSURANCE GUARANTEES There is no additional quality assurance guarantees associated with this contract. 44. EQUIPMENT REPLACEMENT DURING WARRANTY Not applicable to this contract. 45. PRINCIPAL PERIOD OF MAINTENANCE There is no principle period of maintenance associated with this contract. 46. RECYCLED CONTENT There is no recycled content associated with this contract. 47. SMALL BUSINESS/DISABLED VETERAN BUSINESS ENTERPRISE PARTICIPATION There is no small business (SE) or disabled veteran business enterprise (DVBE) participation for this contract 45. TAKE BACK F RAD'c-:E There is no take back/trade Mn associated with this contract. 49. ELECTRONIC WASTE RECYCLING There is no electronic waste associated with this contract. 50. ATTACHMnFFNTS Attachment A — Contract Pricing Attachment 13 — Specification Number 2310-3116R1, dated 6/3/201 5 Attachment C — Dealer's Catalog Contract 1.15-23-14B — Supplement 1 user Instructions 152 of 504 9.'23I2L15 SOLUTIONS Motorola High Tiered Public Safety Radios for First Responders Limited Distribution Motorola l Solutions controls who and how th& P4thi r Safety radius can be sold. They do this to limit the access of these radios getting in the hands of people who don't have an authorized need. These radios are capable of many advanced features including digital encryption and are mostly used by Police, Fire, Military and other Government Law Enforcement Agencies. These high Tiered P25 Handheld and Vehicle Radios are the APX Series and the former XTS and XTL Series. The only way to purchase these radios is Directly from Motorola and/or your Motorola assigned Motorola Manufacture's Representative (MR). Day Wireless Systems is the Motorola assigned MR for the City of National City. This means your MR is representing Motorola and quoting you directly as Motorola using their Discounted Pricing Contracts. All Purchase Orders are to be made out to Motorola Solutions, inc, You are not purchasing anything from Day Wireless Systems (who is also a Motorola Dealer, Reseller and Service Center). Motorola Two -Way Radio Dealers & Reseliers mostly sell lower tiered commercial, professional and business radios to vertical markets such as education, manufacturing, hospitality, etc... The High Tiered Public Safety radios like the APX6000 are not available for Dealers to purchases and Resell. These APX radios are not listed in their Dealer Price Book from Motorola. If a Motorola Radio Dealer & Reseller wanted to sell an APX Public Safety Radio they would have to submit an Above Price Book (APB) Request to Motorola. The Dealer has to list who the end user of the radio is. Motorola will deny this APB request for any Public Safety Account (City or Agency) that already has an assigned MR and Motorola Direct Sales Rep managing that account. For Example any Motorola Radio Dealer who requested to get APiB pricing to buy and sell an APX radio to the City of National City would be denied. You are not able to get 3 quotes for these High Tiered Above Price Book Radios. Above ?rice Book pricing for a Radio dealer is always 20% off List Price from Motorola. So their cost to buy the APX radio from Motorola Is 20% off list price. The Motorola Direct/MR RCS Contract Price to the City of National City is discounted form 28% to 33% off List Price. Even if Motorola did approve an APB request for a Dealer, they would not be able to compete with the RCS Contract price. This Controlled Distribution provides the customer with the best pricing and aligns them with a MR that can be their trusted advisor to help them budget and make the best decisions for the long term. Andy Grimm Motorola Manufacturer's Representative —Public Safety Markets 153 of 504 COUNTY OF SAN' DIEGO — D2?ARTMMT OF PURC°r(ASING AND CONTRACTING CONTRACT NO. 550743 AMENDMENT NO.40 To Motorola Solutions, Inc. Pursuant to the contract changes clause, you orc.direeted to make the changes described herein to the Contract or do the following described work not included in the previous agreed on Statement of Work. • Title oft:onhret, Project, or Program: Regional Communications system (RCS) Mbtoaola end Equip:tent I3 ffcotivc Date: Dn. tc Signed by the Cattnitevf Sall Diego Demartrcrtl of Purchasing and Ceratrnetin . Description of Contract Change(*) owdfur Work To Be Done: , Modify Section3, Term o CAgreemetu and Completion of Work.. The contract expiration date is change to December 31, 2020. 2. Modify Section 6, Notices us follows: County; C:C]uNTY OF SAN D1Ei10 Sue Willy, Munger Sheriff's Wireless Services Division 5595 Overland Avuc, Suite 101 Sun Diego, CA 92123 (858) 695 3953 s urtan.wi I I y @stish er l ft ois Motorolu: MATOItO1.A S(11.11TK)NS, INC. Ken Nordholm, Set nor Account Munger 1018U Trcenn Street, Suite 20U Sun Diego, CA 92131 (858) 488 4440 k en.nwdholm(u molorolasulutions.enrn 3.1)u:s to atlinini slra lve :mire's, change the contract nut ober from 550743 to 552544. All oEhcr I'rrmss and Conditions remain in effect. IN WITNESS WI?ET:tor, Courtly and Contrat:tor ItLv cn_ati 4It& Amendment effective as of the data first act forth move. W. thu unitcrsigned Contractor, have given curefUI consideration to the change proposed and iicreby agree. if this proposed cheap is awed, that we will provide oil equipment, !itmish se:t meter Me, except as may otherwise ha anted above. stud perform ail Feralc* necessary fur the work specified herein. Revised contract time tree completion is December 31, 2020 .By -% :_.,.. t„11 Travis Muncher, li9SSSi, Vine President Date: 4- _ _ RXW.ANTHONY THIS AMENDMENT IS NOTVAi fit) UNLESS SIGNED WV TM DEPARTMENT OF PURCHASING AND i7cpaiImmnl Review Anti Roaonurended Approval. if fay; n,,I, $testes M. Willy, Monger Wireless Sere ;s Division, Shart trss 1;fcpur't♦nen • Fite; / r °!' 1 , APPROVED: Nkk.1'El1. 6!NO, D1 r psMmcnt of Purchasing and Contraelil g Date: 08l08f2015v3 CONTRACT 4/ 550'743 AMIN1)MENTrt41t JS.- 1 54 of 504 COUNTY OF SAN DJEGO — DEPARTMENT OF PURCHASING AND CONTRACTING CONTRACT NO, 548289 UNILATERAL AMENDMENT NO. 47 To Motorola Solutions, Inc.: Pursuant to the contract changes c!ause,you are directed to make the changes described herein to the Contract or do the following described work not included in the previous agreed on Statement of Work. Title of Contract, Project, or Prograrn: Regional Communications System (RCS) Motorola' Services and Equipment Effective Date; Date signed by County ofSan Diego, Department of7urchasing and Contracting Description of Contract Change(s) and/or Work To Be Done: 1. Due to administrative internal controls, change the contract number from 548289 to 550743. All oilier Terms and Conditions remain in effect. IN WITNESS WHEREOF, the County bras executed this Amendment effective as of the date -first set forth above. APPRDV JOHN . PELLEGRINO, Director Department f Pur hosing and Contracting Dale: p_unl_amend.doc CONTRACT WO. S4nil AMENDMENT NO. 47 Rev. 1114/20I3 v3 155 of 504 COUNTY OF SAN DIEGO - DEPARTMENT OF PURCHASING AND CONTRACTING CONTRACT NO. 544679 UNILATERALAMENDMENT NO. 46 To: Motorola Solutions, inc. Pursuant to the contract changes clause, you are directed to make the changes tlescrrued herein to the Contract or do the following described work not included in the previous agreed on Statement of Work. Title of Contract, Project, or Program: Regional Communications System (RCS) Effective Date: May 01, 2014 Motorola Services rad E ,:ipsttent Description of Contract Change(s) and/or Work To Be Done: I. Due to administrative intonel controls, change the contract number from 544679. to 548289. All other Terms and Conditions remain In effect, 1N WITNESS WHEREOF, the County has executed this Amendment effective as of the date first set forth above. By: N M. PELLEGRINO, Direr Department of Purchasing and Contracting p uN_amenddoc cogrucT NO. 544679 AMENDME[ T MO.46 Rev. ] 1/4/2013 v3 156 of 504 COUNTY OF SAN DIEOO — DEPARTMENT OF PURCHASING AND CONTRACTING CONTRACT NO. 541947 UNILATERAL AMENDMENT NO. 43 To: Motorola Solutions, ; ne. Pursuant to the contract changes clause, you are directed to make the changes described herein to the Contract or do the following describ d work not included i1: the previous agreed on Statement of Work, Title of Contract, Project, or Programs..: Regional Commnnicat .s.bystern (KC') Motorola Services and Equipment Effective Date: May 02, 20 13 Description of Contract Change(s) and/or Work To Re Done: .1. flue to administrative internal controls, change the contract number from 541947 to 544679. Ali other Terms and Conditions remain in effect. {lV WITNESS WHEREOF, the County has executed this Amendment effective as of the date first set forth above. AFP M. PELLEGRINO, Director Department of Purchasi g and Contracting Date: . .i iV7104 CQNTK CP NO.541➢47 AMF,NDM1 1T NU 43 157 of 504 COUNTY OF SAN DIEGO - DEPARTMENT OF PURCHASING AND CONTRACTING CONTRACT NO. 43095 UNILATERAL AMEND` NO. 36 To NI Inc.: Pursuant to the contract changes clause, you arc directed to make the changes described herein to the Contractor do the following described work not included in the previous agreed on Statement of Work, Title of Contract, Project, or Program: Regional Communications Systems (1WS) Motorola Services and Equipment e ctivc Dam: July 9, 7.012 Description of Contract Cbange(s) and/or Wor1e'Pb Be Done: 1. Due to new fiscal year and contractor name change to Motorola Sohnions, inc,, change the contract number from 43095 to 541947, MI other 'Perms and Conditions remain in effect. IN WITNESS WHEREOF, the County has executed this Amendment effective as of the dale first set forth above. 'APPROVED; By: / 4 '"' J .0 WINSTON P. McCOLL, or Department of Purchasing and Contracting Dates ?- 0c`f ) 13J7106 CONTRACT NO.43093 AMENDMENT NO. 36 158 of 504 3 4 5 6 7. 8 9 10 11 12 13, 14 15 1'7 I lb 19 20 21 22 _3 24 25 26 27 28 29 Cttct g AGREEMENT Wtrif COMMUNICATIONS MAZUk'..CTDRING TO PROVIDE A REGIONAL COMMUNICATIONS SYSTEM THIS AGREEMENT made and fired into this" q of Dyer, 1995 by and between the County of San Diego, a political subdivision of the State- of California, hereinafter called "COUNTY,'' and Motorola, Inc, (MOTOROLA) located at 9980 Carroll Canyon Road, San Diego, CA 92I31. W I T N E S S E T H: WHEREAS, the COUNTY, by action ofloard of Supervisors Item 9 on December 13, .1994 authorized the Director ofPurchasing and Contracting pursuant -to Article MOH, Section 93.1a of the Administrative Code, to award a contract to -provide aRegiional Communications System (RCS) and by Item 2 onMarch 7, 1995 authorized the RCS Board of Directors, on behalf of the COUNTY, to review and approve said contract. WHEREAS, the CCUNTY desires such services to be. provided in acwrdance with MOTOROI.A'a proposal dated S TEfaE Ei 1I,1995 and as arraended byMO1fOROLA's le ter - dated Dec -mbei. 29, 1995. WKREAS MOTOROLA agrees to provide its services and equipment subject to the following additional conditions, and shall be considered the .prince contrrac for for the provision of services required by the COUNTY and WHEREAS, le OTOROLA is specfailytrained and possess certain skills, experience, education and competency to perform special services; Volume I .I of .9 12129/95 159 of 504 it 38i 39 40 41 . 42 43 44 4u el gip; 5t# `1 52� S3 54 55 55 57 58 59 NOW Therefor, in consideration of the promises, and mutual covenants and agreements herein contained,; the parties agree as follows: SECTION 1. DTJTY OF lvfOTOROLA A. MOTOROLA shall designate a representative who will be in charge ofthis Project: B. MOTOROLA. shall designate a r, pr sentative, if other than the representative designated in "A" alto v c, who may sign in the name of MOTOROLA, on letters, papers, and other documents relating to professional services to be performed hereunder. C The d ttt on(s) required by "A" and 13' above shall be sent to Contracting Officer's Technical Representative, (COTR) Mr. Ton Fullinwider, Director, Department of information Services or his designee. D. MOTOROLA. shall, in a good workmanble and professional manner and at their own cost and expense, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing vehicles, transportation, office space and facil i ies, and all test, testing and analysis, calculations, and all other means whatsoever, except as herein otherwise expressly. specified to be furnished by the COUNTY, necessary or proper to -perform and complete the work and provide the services required of MOTOROLA by this Agreement. E. MOTOROLA shall functian as a' prime contractor for perffori once of the serAces described in Volume II - Statement ofWork. SECTION 2. WORK TO DE PERFORMED BY MOTOROLA MOTOROLA shah.Cornish; install, test and cut over a state-of-the-art 800 Mflz public safety trunked radio 'communications system as described by the functional specifications set forth in IvIOTOROLA's proposal, including ail required support equipment such as consoles as identified and described in this Agreement and OTOl OLA's piopose. The system shall also include delivery pfportable and mobile radios as listed in this ctme . The COUNTY has the option to review and modify user equipniiirt quantities and models up to 90 days prior to actual or scheduled delivery whichever is later. All equipment provided hereunder shah be new. 1T&C.wpd Volume 12 of 9 12/29/95 160 of 504 61. 62 63I 64 65 66 SECTION 3. ' TERM OF AGREETT AND COMPLETION OF WORK 67 All equipment to be delivered and services required by this'Agreement shall be satisfactorily. 68 ; completed in accordance with the schedules set forth in Exhibit B. This Agreement shall be in 69 effect until 31 December 2010, and may thereafter be renewed upon written agreement of 70 COC3N T Y and MOTOROLA. 71 72 73 75 76 77 78 79 80 Q1 82 83 •.84 85i 86i 87 88 MOTOROLA agrees to do and perform the work described in IVIOTOROLA's proposal dated September II; 1995 as amended by MOTOROLA.' s letter dated December 22 , 1995. The specific teaks to be performed byMOTOROLA are listed in Volume 1I - Statement of Work and Specific Equipment Lists are described in Volume III which volumes are attached hereto and made a part hereof. SECTION 4. WORK TO BE DONE BY COUNTY The COUNTY shall provide such information as required by,the Statement of Work and as are reasonably necessary for MOTOROLA to perform its services. 4.1 The COTR or a designated representative, shall represent the COUNTY in all tatters pertaining to the services rendered under this Agreement, The COTR will appoint a Project Manager to r pre et the CO R in the day-to-day operations and development of the Project. 4.2 The IX )(WIT shall select and acquire. sites and le o vide adequate access to the site to allow delie&y and installation of all required irriproveinents. . 4.3 Notwithstanding anything to the contrary in this Agreement, the COUNTY shall only furnish information or services described in this Agreement to the extent that any such information or service is reasonably required for MOTOROLA to perform its obligations under this Agreement and is requested by MOTOROLA la writi iT€C.wpd Volume 13 of 9 12129!95 161 of 504 .1 90 91 92 93 94 95 96 97 98 99 100 101 102 4.4 The COUNTY will supply drawings and specifications of any existing facilities including plans, elevations, sections, details and existing utilities, to the extent that such information is reasonably avaiiaflie. 4.5 The COUNTY snag participate in all subsystem acceptance tests and shall accept the subsystems in, accordance with their respective Acceptance Teat Procedures which are incorporated herein. Upon acceptance of all subsystems, th.e RCS shall be deemed to be finally accepted. 4.6 The COUNTY 4ha1t acquire all permits and licenses necessary for the construction and operation ofthe sites. SECTION 5. PAYMENT The COUNTY shall pay MOTOROLA, as full compensation for its services on this Project, a total amount of $ 39,672,111..92. This amount is payment for' all item; as set forth in the 10,4 Statement of Work and as further described in Exhibit B '7Vfilestone Payment Schedule & Terms." 105 The above -amount excludes the items listed in Lane Item 3 as options. Payment for each milestone 106 shall be made in accordance with Exhibit B, MOTOROLA shall invoice for tasks assigned 107 sebscq ent to the date of this Agreement either upon milestone completion or on the following 1081 uasris: 109 1 Monthly percentage coeeplete, invoices by task, including a listing of tam 110 ! performed and associated costs, to include all subcontract costs and other direct 111 • 'costs. 112 2. A copy of the monthly report required in Sermon 8 ui this Agreement shall be .1131 attached to each monthly invoices detailing tasks performed and percentage 1411 completion of each: task. 115 I 3. The COTJNTY is precluded from making payments prior to receipt of services 116 (advance payments). The COUNTY a rill accept invoices for progress payments and 117 J if approved, will reimburse MOTOROLA up to 90% ofthe value of goodslservices 1TS&Gwpd Volume 14 of 9 12/29195 162 of 504 .11 1s. 119 '120 171 122 1231 124 •125 126 127 128' 129 130 131 133 134 135. 136� 137ff 134 139 140 141 142 143 144 145 146 received. Invoice to be submitted as•follows: a. .Original invoices will -be submitted monthly, or at the completion of each phase or task, or at contract completion to: COUNTY AUDITOR AND CONTROLLER, ROOM 306 1600 PACIFIC HI vVA s SAN DIEGO, CA 92101 b. A copy of the invoice shall be submitted to the COTR. The invoice must sped items and deliverables for all items described in the "Statement of c. Payment shall be Net 30 Days from receipt and approval of invoice unless otherwise stated. Discounts will be calculated from receipt of merchandise or invoice, whichever is Iater. 4. The balance due for each task may be released upon the completion of that task. The final invoice will be submitted by MOTOROLA upon completion of each task. .Included in the price set forth above, the COUNTY and MOTOROLA. have agreed that the COUNTY NTY van have,the ability to isscie T ask Orders diem 2 below) requiring ad di anal work within the_scopeof the- contract services or exercising options. as set forth below. Tk Orders, up -to a- aluo of S4,500,000 (toiai) may be issued by the COTR. ]aoh Task Order shall: 1. ' Be sequentially numbered' for identification purposes. 2. Contain "a descriptiO4 of the ct ork to be performed. 3. Establish a price and a payment schedule for the tasks which are to be accomplished. 4. Establish a schedule for completion of the task. 5. Shall be signed by both MOTOROLA and COTR as wen as the Contracting Officer to indicate acceptance. IT&awpd r Volume 15 of 9 • - 12/29/95 163 of 504 P• ., • PRICES: 148 Steam,: Provision of Regional Communications Systems and Associated Services: 149 $39,672,111.92. 150 Item2: Task orders (To be written subsequent to contract): $4,500,000. 151' Itern3: As a part of this Agreement, COUNTY and MOTOROLA agree.to the following 152 optional pricing arrangements. 153 1. Additional equipment for the backbone, including RNG, RNC, etc. may be 154 ' added to the deliverable items. Such equipment shall be ordered by the COUNTY 155' through the TASK ORDER provision (line item 2) at the prices set forth in the 156,; Master Equipment List (Volume BI), provided that the option to purchase at the 157 stated paces .must be exercised no later than final system acceptance. 158 2. COUNTY may, through the TASK ORDER provision cited in line item 2, 159 purchase Mobile Data equipment, additional portable equipment, spare parts and such 160 other items as are listed in Volume III of this Agreement. 162 163 164 165 16S§pp l 167 168 169. 170 171 172 173 174 175 SECTION 6. NOTICES Any notice or notices required or permitted to be given pursuant to this Agreement maybe delivered to the following addresses: COUNTY: COUNTY OF SAN D7EGO AEON; Mr. Ton Ful milder Department of:Information Services 1600 Pacific Ifghway San Diego, California 92101 MOTOROLA: MOTOROLA, Inc. AT i ENTIOA-: Mr. C. Jackson, Vice President, System Integration Land Mobile Products Sector -9980 Carroll Canyon Rd. San Diego, CA 92131-1186 1T&Gwpd Volume l 6 of 9 12/29/95 164 of 504 177 178 179 180 I81 182 183 184 185 186 187 188 189 191 192 193 194 195 I 19ul I 197E 198 199 200 201i; 202 203 204 All notices required under this Agreement shall be in writing and shall be delivered either by I) personal delivery, (i) expedited messenger serviee or (iii) postage prepaid, return receipt requested certified snail, addressed to the party set forth above. A notice will not be effective unt the addressee receives it, or on the date that it is recorded as being retbsed for receipt by the intended recipient. Either party may felemzr the individual and/or the address fox p ,xposes of this . Section by, written +nstru,tio„s to the other party of such change. SECTION 7. OTHER APPLICABLE AGREEMENTS/ORDER OF PRECEDENCE The following documents shall constitute the Agreement between MOTOROLA. and the COUNTY, all identified documents are hereby incorporated by reference and made part hereof as if fully set forth herein. 1. This Agreement and all duly executed amendments to this Agreement. with the latest amendment taking precedence over earlier amendments. 2. General Terms and Conditions 3. Special Terms and Conditions 4. The Exhibits and all duly executed amendments to said Exhibits 5. MOTOROLA's proposal, dated September. 11, 1995 and as amended by MOTOROLA's letter dated December 29,1995. . In the event of any inconsistency or coact. between portions of this Agreement or the referenced documents; precedence shall be given in the following rider: 1., The Aveemmn and ai riE'p .r,Frr+ted amendments to 'Ellie Agreement, with the leieet amendment taking precedence over earlier amendments. 2. General Terms and Conditions ' S. Special Terrine and Conditions 4. The &larks and all duly executed amendments to said Exhibits 5. OxOROLA's proposal, dated September 11, 1995 and as amended by MOTOROLA's letter dated December 29, 1995. .1Tite.and Yolume 17 of 9 12/29/95 165 of 504 206 207 208 2t19 1 210 211 212 213 214 215 216 217 218, 1 220 221 222 2231 2241 225. 226 227 SECTION 8. REPORTS MOTOROLA shall provide monthly reports to the CO-TR. These reports shall include, as a minimum: 1. A summary of tasks performed during the reporting period, including, tasks initiated, tasks completed and percentage of completion of tasks currently in progress. 2. Estimates of work to be undertaken in the next reporting period. 3. Problems that have arisen during the reporting period and proposed solutions. 4. Any action(s) required by the COUNTY to resolve problems 5. Items requiring completion by COUNTY during next period to avoid impact on costs, schedule or performance. 6. Summary of Financial Rep arts, as provided fcr in Special Terms & Conditions Paragraph entitled "Project/Contract Financial Reporting" SECTION 9. ENTIRE AGREEMENT This Agreement (including the agreements and documents incorporated by reference in Section 7) constitutes the entire Agreement, understanding and representation expressed or implied between MOTOROLA and the COUNTY with respect to the equipment and services to be provided under this Agreement and supersedes all other additional communications, both written and oral. All parties by their authorized signatures, acknowledge that they have read, underst000d and agree to all the Terms & Conditions of this Agreement. 1T&C..pa (baianee of fhis page intentionally left blank) Volume 18 of 9 12/29/95 166 of 504 25 0 251 252 253 254 255 756 229( 230 231. 2320 23311 234f 235 236 237 238 COUNTY OF SAN DECO SIGNATURE PAGE CONTRACT # -7fe MO i OROLA. -INC. C. SIMONSEN Contracts Division Maier L. Napier, Director 239 Purchasing and Contracting 240 241 Date: / ,o,y_f›2 i. u 244 RBVIEDtAPPROVED 245 246 247 1 248 249 i) Dennis Van Der Maaten, Chairman 'Board of Directors Regional Cornciuinications S-ystem IDate: /z - - F YcS� 1r&C.,,pd Volume 19 of 9 Name: Stephen I. Shanck • Title: Vice President. Date: / 2 qg •t 4 Fr I2/29/95 167 of 504 258 ' GENERAL TERMS & CONDITIONS OF AGI 259 260 1. DONS 261 262J "COUNTY" shall mean the County of San Diego, California. , 263 264 "MOTOROLA" shall mean MOTOROLA, Inc. whose proposal has been accepted by to 265 COUNTY and -who has entered into this agreement with the COUNTY to provide the equipment 266 and services described herein, 267 268 2. AFJ'1R11IATIVE ACTION 269 270 MOTOROLA shall comply with the Affirmative Action Program for Vender as set forth in 271 Article Elk (commencing at Section 84) of the San Diego County Administrative code, which 272, program is incorporated herein by reference. A copy of this Affirmative Action Program will be 273 furnished upon request by the County of San Diego Contract Compliance Office, 1600 Pacific 274 Highway, Room 208, San Diego, CA 9101. 275 276 Tho• County of San Diego, as a matter of policy, encourages the participation of small, minority, '7 and women owned businesses. 279 3. ASSIGNM:ENT OF RIGHTS, TITLE AND INTEREST 280. 281 MOTOROLA. agrees that it will assign to the purchasing body (COUNTY) all rights, title and 282 interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. 283 . Sec. 15) or under the Cartwright Act (Chapter 1 (commencing with Section 16700) ofPart 2 of 284 Division 7 oft«e'Business a dnnd.Profession. Code), arising from purchases of goods, matte, or- 285 services by MOTOROLA for sale to the COUNTY pursuant to the contract. Such assignment 286E shall be matte and become effective at the time the COUNTY tenders final payment to 2887 MOTOROLA. 288 289 4. CAL OSHA 290 d. 291 As applicable, all items furnished wider this Agreement shall meet or exceed the standards 292 established by the California Occupational Safety and Fealth Act of 1973 and curry 293 ; arnerdments thereto, provided the end use of the item is for the purpose for which the its is 294 intended. 295 296 5. DELRR 297 298 A11 delivery shall be FOB at the County, unless staging or other pre -installation is mutually 9 agreed upon. Time is of the essence. The acceptance by the COUNTY collate performance with 1 T&C.tvpd Volume I G . I 12129/95 168 of 504 '301 302 303 304 305 306 307 308 309 310 311 31.2 313 314 315 316 317 318 319 320 or without objection or reservation shall not waive the right to claim damage for such breach nor constitute a waiver of the requirements for the timely performance of any obligation remaining to be performed by the MOTOROLA 6. REVIE ,r 1AFs�ROVAL 11 PISI7x-'ION All items and deliverables are subject to final inspection, review/approval and acceptance by the COUNTY at the COUNTY's offices. Such final inspection. review/approval and acceptance Or rejection shall be made within 15 days after delivery or as otherwise mutually agreed upon. 7e tEBME TAjoN FOR DEFAITLT The COUNft may, by written notice of default to MOTOROLA terminate any of this Agreenient in whole or in part should MOTOROLA fail to make satisfactory progress, fail to deliver in conformance to specifications and the requirements set forth therein. COUNTY shall give MOTOROLA written notice of such deffault ("Cure Notice') and MOTOROLA shall have ten (10) working days to provide a plan of action to cure said default. In the event that either a) the plan is deenned unacceptable by the COUNTY or b) MOTOROLA fails to cure such default, then the contract shall be terminated for default. In the event of such termination, the COUNTY reserves the right to purchase or obtain the supplies or services elsewhere, and MOTOROLA shall be liable for the difference between the prices set forth in the terminated order and the actual cost thereof to the COUNTY_ The prevailing market price shall be considered the fair �.. repurchase price. COUNTY agrees that in the event of a partial or complete termination 323 .hereunder, the replacement System shall not havea capability exceeding that specified in the 324 Agreement and that said replacement shall be of like kind and quality to accomplish the intended 325 purpose of the agreement. 326 327 7.1 t air notice of terz:ainadnn oftius contract under the provisions oft ;as e„ it is 328 determined for any reason that MOTOROLA was not in default under the provisiona'of 3291U this clause, the rights and obligations of the parties shall be the same as Tt6 milt of 33011 termination had bead issued pursuant to the Termination for Convenience clause herein. 33li1 332 72 . The rights and remedies of the COUNTY provided in this article shall not be elusive arid. 333 are in addition to any other rights and remedies provided by law or under resulting order. _. 334 335 8- TERIVUNTA.TION FOR COMMENCE • 336 337 The COUNTY rnay, by written notice stating the extent and efihctive dates terminate this 338. Agreement for convenience in whole or in part, at any time. The COUNTY shall pay 339 MOTOROIA as full compensation fdr performance until such termination: 340 341 .' 8.1 The unit or pro rata price for the delivered and accepted portion_ `2 IT&C.wpd Valume r - 2 12/29/95 169 of 504 3441 345 346 347 348 349 350 351 352 353• 354 355 3 56 357 358 359 360 361 362 163,. 366 367 368 3691 370 371 372 3r e 37411 3751 376 2 377 378 379' 380 381 382 383 384 '5 8.2. A reasonable amount, as costs of termination, not otherwise recoverable from other sources by MOTOROLA, as approved by the COUNTY, with respect to the undelivered or unaccepted portion of this Agreement, provided compensation hereunder shall in no event exceed the total price. 3.3 In no event shall the COUNTY be liable for any loss of profits on this Agreement or portion thereof so terminated. 4 A The rights and remedies of the COON i• C provided in ties article shall not be exclusive and are in addition to any other rights and remedies provided by law or under resulting order. 9. '.FITLE Title to the material and supplies purchased shalt pass directly from MOTOROLA to the COUNTY upon delivery, subject to the right of COUNTY to reject.iupon inspection. MOTOROLA shall retain risk of loss for all equipment until acceptance - at the COUNTY's designated facility or site; title for all equipment delivered hereunder shall pass to the County at the point and time of receipt as evidenced by a receiving document signed by the COTR or an authorized designee. The above notwithstanding, title to software included in the equipment shall not pass to the COUNTY at any time. Software is the subject of a separate provision of this •Agreement and is subject to the lime agreement set forth herein, 10. VARIATIONS IN simunTCAT oNg The COUNTY reserves the right to waive a variation in specification it in the opinion of the COUNTY, such variation does not materially change the item or its performance within parameters acceptable to the COUNTY. 11. IRAZARDOUS SUBSTANCES L I If the product being supplied contains any neatreatziall which•i; listed on California OSUA Director's list as hazardous; IVIOTOROLA shall forward a material safety data sheet (MSDA) (Os iForm 20), referencing the purchase order number, to San Diego County, Department of Health Services, Attn: Chief Occupational & Radiological Health, PO Box 85261, San Diego, CA 92I38-5261. All shipments are to have proper labeling requirements. 11.2 IN ACCORDANCE ' ar..f COUNTY BOARD OP StiFt ?VISORS POLICY B-64, MOTOROLA SHALL NOT PROVIDE OR DELIVER ANY PRODUCTS MANUFACTURED T..JTSINGFULLY HALOGliNAAD eHLOROFLUOROCARBONs (CFC), UNLESS SPECIFICALLY AUTHORI ED BY THE COtTNTY DIRECTOR, •PURCHASING AND CONTACTING IT&C.wpd Volume I G - 3 12129(95 170 of 504 r 1{ .it,., 12. °ROR 3]TFD CONTistACTS 387 388 Section 67 of the San Diego County Administrative Code provides that the COtTh TY shall not 389 contract with, and shall reject any bid or proposal submitted by the person or entities Specified 390 below, unless the Board of Supervisors finds that species t-cuin tan©es exis which justify the 391. - approval of such contract. • 392 393 12.1 Persons employed by the COUNTY or of public auen.ces for which the Board of- 394 Supervisors is the governing body; 3 95 396 12.2 Profit -making firms or businesses in which employees described in sub -section (a) of code 397 serve as officers, principals, partners, or major shareholders; 398 399 ° 12.3 Persons who, within the immediately precedingtwelve (12) months came within the 400 provisions of the above sub -section and who (1) were employed in positions of substantial 401 responsibility in the area of service to be performed by the contract, or (2) participated in 402 any way in developing the contract or its service specifications; and 403 404 12.4 Profit -making fines or businesses in which the former employees described in sub -section 405 12.3 above serve as officers, principals, partners, -or major shareholders. 406 7 With the affixing of a signature to this COntract,MOTOROLA certifies that the above provisions ofthe Code have been complied with, and.that any exception will cause any ensuing contract to 409 .be invalid. 410 4] 11 13. �`TJBLIC AGENCY 4121, 413 ' is intended that any other p b1c agency (Le., cam, district, public authority, public agent', 41 1 municipality and other political sub -division or public corporation of Caliibsar.:a) located In San 4151 i Diego and Impede' Cow tics ;tall have the option to participate in any award made as a resukt of 4161 this solicitation at the same prices and FOB destmation, Terms & Conditions. The County shall 4I71 incur no financial resporrsfoility in connection with purchase orders issued by another pub8c 4181 agency. The public agency shall accept sole responsibii fY for placing order or payments to 4191 MOTOROLA. Statd whether said option is granted. 420 421 YES NO [ 422, 423 { i 14. AVAITABILM CIF ADDING 424 425 This contract is project funded. l+iscal funds are not included inihis Agreement 426 427 The COUNTY's obligation for payment of any contract beyond the current fiscal year end is 18 contingent upon the availability of funding from which payment can,be made. No legal liability TAC.wpd Volume Z G - 4 12129195 171 of 504 430 431 432 433 434 4351 4361 437 43 8 439 440 441 442 443 444 445 446 447 448 449 ti r 1 452 453 454 455. on the part of the cowry. shall arose for payment beyond 3une 30 of the calendar year unless funds are made available for such. performance. 15. FLAKMARILITY & TOXICITY Materials furnished under this Agreement must meet or exceed minimum California State Fire Marshal's standard forflannmability and toxicity for institutional fabrics. MOTOROLA. shall provide evidence of California Marshal's test results and approval number, 16e CONTRACT ADMINISTRATION The Director ofPurchasi;ag and Contracting is the designated Contracting Officer and is the only COUNTY official authorized to make arty changes to this agreement. The COUNTY has designated the following individual as the Contracting Officer's Technical Representative (COTR): Department information Services- Mr...Ton Fuilinwider or his designee. The COTR will chair MOTOROLA progress- meetings and will coordinate the COUNTY's Y's contract administrative functions. The COTR is designated to receive and approve MOTOROLA invoices for payment} audit and inspect records, inspect MOTOROLA's services, and provide other technical guidance as requiied. The COTR is net authorized to change any Terms & Conditions of the Contract Changes to -the scope<of work will be made only by the Board of Supervisors and/or the Contracting Officer issuing a properly executed Change Order modification. 456 17. CONTRACT PfOGRFiss T TT!M S (with amplification in Section &Report's of 4571. the Atreementt 458 4591, The COTR and other County Personnel, as appropriate, win- meet periendieally with 460i 1 MOTOROIA to review the contract performance. At these 171e0tin1,38 the COTRwill apprise 461 MOTOROLA of how the COUNTY views MOTOROLA's performance and MOTOROLA will 462 apprise the COUNTY of problems, if any, being experienced. MOTOROLA will also notify the :. 463 Contracting Officer (in writing) of any work being performed, if any, that MOTOROLA 464 considers to.be over and above the requirements of the contract. Appropriate action shall be 465 taken to resolve outstanding,issues. 466 467 A summary ofthese meetings which shall include, but not be limited to, key issues, action items, 46S items agreed to and problems requiring resolution will be rediicetdto writing by MOTOROLA 469 and signed by the COTR and MOTOROLA. Should the COUNTY not concur with meeting 470 summary, the COUNTY will set out in waiting any areas of disagreement. Appropriate action '1 will be taken to resolve any areas of disagreement_ JT&.cpt1 k Volume I G - 5 12/29195 172 of 504 473 474 475 476 477 . 478 479 480 481 482 483 484 485 486 487 488 489' 490 491 492 1 4 495 496 497 498 499 5001 5011 5021 5031 .ii 504' 505 506 507 508 509 510 511 512' 513 [ 4' Is. ]NS EC`TIONOzSERAXCE MOTOROLA's services shad be performed with a high degree of care and diligence, and where required, in accordance with the highest standards exercised by engineers pe f:�i.���ing plaaaa services in the San Diego, California area, and as expeditiously as is consistent with such standards of skill and care and the orderly progress of the Wcrk 18.1 All performance (which includes services, materials, supplies and equipment furnished or utilized in the performance•of this contract, and warluship in the performance of service) shall be subject to inspection and test by the COUNTY during the term of the Agreement. MOTOROLA shah provide adequate cooperation to any inspector assigned by the COUNTY .o permit the inspector to determine MOTOROLA's conformity with these specifications and the adequacy of the services being contractually provided All inspection by the COUNTY shall be made in such a manner as not to unduly interfere with MOTOROLA's performance, 18.2 Nally services performed hereunder are not in oonformity with the specifications and requirements of this contract, the COUNTY shall have the right to require MOTOROLA to perform the services in conformity with said specifications and requirements at no increase in total contract amount. When the services to be performed are of such nature • that the difference cannot be corrected, the COUNTY shall have the tight to (3.) require MOTOROLA inunediateiy to take all necessary steps.to ensure future performance of the services in conformity with requirements of the contact, and (2) reduce the contract price to reflect the reduced value of the services performed. In the event MOTOROLA fads to perform the services promptly onto take necessary steps to ensure future performance of the service in conformity with the specifications and requirements of this contract; the COUNTY shall have the right 16 ter ni ce this contract for default aN pros tied in the Termination for Default clause herein. leartateass The Contracting Officer may at any time, by written order, make c:hrniges wit in the general scope of this contract, in the definition of services to be performed, and the timefee,, hours of the day, days oldie week , etc.) and place of perfortna ice thereof If arry such change causes an increase or degrease in the cost of or the time required for the performance deny part of the work under this contract, whether changed or not changed by any such order, an equitable adjueenent shajl•he made in the comet price of delivery schedule; or both, and the contract shall be anodised in writing accordingly, Any claim by MOTOROLA for adjustment under this clause must be asserted within 30 days from the date of receipt by MOTOROLA of the notifications of change; provided however, that the Contracting Officer, if Contracting Officer decides that the facts justify such action, may receive and act upon any such claim asserted at any time prior to final payment under this contract. Where the cost of property made obsolete or • ITik..wpd Volume I G - 12/29195 173 of 504 excess as a result of a change is included in MOTOROLA's claim for adjustment, the 516 Contracting Officer shall have the right to prescribe the marmet of disposition of such property. 517 When the estimated cost ofthe change is less than $25,000, s:nthing in this clause shall excuse 518 MOTOROLA from proceeding with the contract as changed. In the event that the estimated cost 519 ofthe change order exceeds $25,000, Motorola shall not be required to proceed with the change 520 until the change order- has been signed by both parties to the Agreement , 521 522 20. DIDEPENDENT CONTRACTOR 523 524 MOTOROLA is, for all purposes arising out of this contract, an independent contractor and shall. 525 not be deemed an employee of the COUNTY. It is expressly understood and agreed that 526 MOTOROLA shall in no event, as a result of this contract, be entitled to any benefits to which 527 . COUNTY employees are entitled, includlng but not limited to overtime, any retirement benefits, 528 worker's compensation benefits, and injury leave or other leave benefits. 529 530 21. ASSIGNABgalT 531 532 MOTOROLA. sball not assign any interest in this contract, and shall rot'transfer any interest in 533 the same (whether by assignment or novation), without the prior written consent ofthe 534 COUNTY thereto; provided however, that claims for money due or to become due to 535 MOTOROLA from the COUNTY under this contract may be assigned without such, approval. i Notice of any such assigrunent or transfer shall be furnished pmmptly to the COUNTY. _ 1 538 -22. SUBCONTRACT FOR WORK OR SERVICES 539 540 No contract shall be made by MOTOROLA. with any party for furnishing any of the work or 541 services herein coined without the prior written approval of the COTR. excepting those 542 suppliers/subcontractors identified -in MOTOROLA-s proposal; but this provision shall not 543 require the approval of contracts of ernpioprnent between MOTOROLA and personnel assigned 544E for services thereunder, or for parries named in proposal and agreed to any resulting contract 345 546 . MOTOROLA is further reminded that it is the COY IN'. rs policy to encourage the participation 547 of minority business enterprises. This includes: ensuring that, if available, minonty flans are , 548 solicited, where feasible dividing the requirement into smaller units for the purpose of greater 549 minority participation, and establishing delivery and payment schedules which will facilitate 550 participation -by minority businesses. 551 552 23. HOLD HAM/MESS 553 554 • MOTOROLA agrees to fully indenini , defend and save harmnleis the COUNTY, its offices and 555 employees against any and all loss, damage, liability, claim, demand, suit of whatsoever nature 556 for damage to property or for personal injury, including death, made by anyone whomsoever, -c7 which may arise from operations carried out under this contract to the extent such claims are ' tT&c.,,pd Volume I G - 7 12/29/95 174 of 504 ee 559 560'. 56I ' 562i 563 11 564 56511 566 567 568 569 570 571 572 573 574 575 576 577' c78 581• 582 S83 584 `85 586 587 1 588 ! 5R9 25.3 MOTOROLA shall not use for personal gainr,or rake other improper use of privileged 59011 inforruationevhiclx is acquired in connection with its employment. In this co needo ,-the 591 term "privileged information" includes, but is not limited to, unpublished information 592 relating to techno€ogi1 and scientific development; medical, personnel, or security records - 593 of individuals; anticipated materials requirements or pricing actions; and knowledge of 594 selections of MOTOROLA or subcontractor in advance of affielal announcement. 595 596 i ciiused by MOTOROLA's sole negligence, or misconduct. MOTOROLA shall not be responsible for and the COUNTY shall defend, indemnify and hold MOTOROLA, its officers and employees ham -less from any and all claims ofwhatsoever kind or nature for the damage to property or for personal injury, including death, made by anyone whomsoever, which may arise from operations carried out under this contract to the extent such claims are caused by the COUNTY's sole negligence or misconduct. With respect to any and all claims.of whatsoever kind or nature for damage to property or foe perstenel.injury, ip.^luding death, made by anyone whomsoever, which may arise from the joint or concurrent negligence of MOTOROLA and COUNTY, each party shall assume responsibility in proportion to the degree:of its respective fault. )N NO EVENT SHAM MOTOROLA OR COUNTY BE LIABLE FOR INCIDENTAL OR CONSEQUENjTAL DAMAGES OF ANY NATURE. 24 INTEREST OF COI ACTOR MOTOROLA covenants that it presenfyhas no interest, including but not limited, to other projects or independent contracts, and shall not acquire any such interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this contract. MOTOROLA further covenants that in the performance of this contract, rfo pereon having any such interest shall be employed or retained by it under this contract 25. CONDUCT OF C0$ERAC'TOR .25.1 MOTOROLA agrees to inform the COUNTY of all MOTOR JLA's interests, if any, which are or which MOTOROLA. believes. to be incampatfrle with any interests of the COUNTY. 25.2 MOTOROLA shall not, under chances why, might reasonably be interpreted as an attempt to influence the recipient in tie conduct of their duties, accept any gratuity or special favor from individuals or organizations with whom MOTOROLA. is doing business - or proposing to do business, in accomplishing the work under the contract. Tolume 1 0 -- 8 12/29/95 175 of 504 598 599 600 601 602' 603 604 605 606 607 608 509 610 611 612 613 •614 615 616 K17 620 621 622 623 624 625 626 621 628 629 630 631 632 633 634 635 1 25.4 MOTOROLA or employees thereof shall not offer efts, gratuity, favors, entertainment directly or indirectly to COUNTY employees. 26. GOVERNING LAW This contract shall be construed and interpreted according to the laws cf'the State of California. 27. AUTD1T AND INSPECTION OF RECORDS 27.1 General. The COUNTY shall have the audit and inspection rights described in this section. 27.2 Pricing Data. If MOTOROLA. submitted -pricing data in connection with the pricing of this contract or any change or modification thereto, unless such pricing was based on adequate price competition, established catalog or market prices of commercial items sold in substantial quantities to the general public, or prices set by law or regulation, the Contracting Officer or Contracting Officer's representatives who are employees of the COL N`t.'Y or its agent shall have the right to examine the books, records, documents and other data ofMOTOROLA. related to the negotiation priding or performance of such contract, change or modification, for the purpose of evaluating the accuracy, completeness and currency of the pricing data submitted. 27:3 Availability. The materials described ,above shall be made available at the office of MOTOROLA, at all reasonable times, for inspection, audit or reproductions, until the expiration of three years from the date of final payment under this contract, or by (1) and (2) below_ 27.3.1 If this contract is completely or partially terminated, the records relating to the work te, l ted shall be wade available for a prod of three, years from the date of any resulting final settlement. Records which relate to appeals, ihigution. or the settleracet of claims auk out of the performance of this contract, shall be made available until such appeals, litigation, or claims have been disposed of or three years after contract completion, whichever is longer. 27.4 MOTOROLA shall insert a clause containing all the provisions of this entire case in all subcontracts hereunder except altered as necessary for.proper identification of the contracting parties and the Contracting Officer under the CO s prime Contract. 1T&C.wpd Volume ,T G - 9 12,/29/ 95 176 of 504 637i 28. PATENT AND.COPYRIC`HT R4F1911GEIVIENT 638 MOTOROLA snail report to the Contracting Officer, promptly and in reasonable written detail, 639 each notice or claim of patent or copyright infringement based on the performance of this 640. co:rtrµct.of v hic 1; OTORO€,.A has keuwledge. 641 642, 29. FIINONAL RE.9U1.lNTS 643 644 Unless MOTOROLA expressly states otherwise herein, where functional requirements are 645 expressly stated as part of the requirements of this Agreement ,Volume Para:1.0, 646 MOTOROLA, warrants that in its opinion the system is capable ofineeting those requirements. 647 In the event of any inconsistency between the functional specifications and the detailed 648 specifications contained in this Agreement, the fonner will control. 649 650 30. ThTSURANCE 651 652 Before commencement of the work, MOTOROLA shall submit Certificates ofInsurance 653 evidencing that MOTOROLA has obtained for the period of the contract, from generally 654 recognized responsible insurer, insurance in the following forms of coverage and minimum 655 amounts sped: 656 '7 30. f ' A policy of Worker's Compensation in statutory amounts. a 659 30.2 Commercial General Liability insurance written on an "occurrence" basis and in an amount 660 of not less than $1,000,000 each occurrence. 661; 662 30.3 Automobile Liability Insurance covering owned, non -owned and hired automobiles in an 663 i amount not less than $11,000,000 combined single limit. 664 665 30.4 'The po iciw (except for Workers' Compensation) shall name the County of San Diego fa 666 ' additional insured. 668 30.5 Each policy of insurance shall contain the following clause: 669 .= 670 "It is agreed that these policies shall not be canceled nor the coverage reduced until 671 thirty.(34) days after the COTR shall have received written notice of such cancellation 67221 or reduction The notice shall be deemed effective the date delivered to said COTR, as 6731) evidenced by properly validated return receipt." -loath policy ofb3surance shall name 674 the County of San Diego as the additional insured party. 675 676 30.6 The County of San Diego shall retain the right at any time to review the coverage, form 677 and amount of insurance required herein and may require MOTOROLA to obtain insurance `78 sufficient in coverage, form and amount to provide adequate protection against the kind !T&Cwpd raiume I s - I0 12/29/95 177 of 504 6801 681 682 683 684 685 b86 687 688 689 690 691, 692 693.' 694 695 696 697 698 699 4 702' 703 704 705 706. 707 708 710 711 712 .. 713 714 715 716 717 718 719 720 and extent of risk which exist at the time a change in insurance is required. The COUNTY requirement shall be reasonable. 31. LICENSING Attention is directed to the provisions of Chapter 9 ofDivision 3 of the Business and Professions Code concerning the licensing of MOTOROLA. MOTOROLA and its subcontractors shall be licensed, if required, in accordance with the laws of this state and any contractor or subcontractor not so licensed is subject. to the penalties imposed by such laws. 32. pattmerS, NOTICES, FEES AND LAWS MOTOROLA shall, at MOTOROLA'2 expense, obtain all necessary business permits and licenses, give ail necessary notices, pay all fees required by law, and comply with all laws, ordinances, rules and regulations relating to work and to the preservation of the public health and safety. 33. MR, WATER gQ TION CONTROL, ANDREALIB MOTOROLA shall comply with all air pollution control, water pollution, Safety and Health Ordinances and statutes which apply to the work performed pursuant.to this contract, including any requirements specified in state government codes. 34. PERSONNEL ASSIGN/KENT AND 1EPLAC" +`ice 34.1 Resumes of key individuals who will be assigned to the project Will be furnished. All such personnel will be assigned to the project. 34.2 Aproject manager will be assigned, (if more than one individual is assigned) as the individual responsible for the overall performance of any resulting contract and will be diEre;.tly responsible for responding to true COTR at all fimes duezg the te-w o: t1-11 contract. 34.3 No replacement ofpersormel will be allowed without full resume submittal, justification therdor and approval by the COT1 . 35. RIGHT TO ACQUIRE EOI)IPIENT AND SERVICES Nothing in this agreement shall prohibit the COUNTY from acquiring the same type or equivalent equipment and/or service from other sources, wh& deemed by the COUNTY to be in its best interest. 1T&C.wpd ValumeIG-1 12129/95 178 of 504 36, n' vtA 3rrzry 723 724 Should any part of this agreement be held to be invalid by a court of competent jurisdiction, the 725 remainder of the agreement shall be considered as the whole agreement and be binding on the 726 contracting pies. 727' 1 8 . 37. FINDINGS CON FIDAN'1 iL 729 730. Any reports, information, data, etc., given to or prepared or assembled by MOTOROLA under 731 this Agreement which the COUNTY requests to be kept as confidential shall not be ie de 732 available to any individual or organization by MOTOROLA without the prior written approval of 733 the.COUNTY. 734 735 38. PUBLICATION, ION, REPRODUCTION AND USE OF MA1UTAL 736 737 No material produced, in whole or in part, under this Agreement shall be subject to copyright in 738 the United States or' in any other country. The COUNT shall have unrestricted authority to 739 publish, disclose, distribute and otherwise use, in whole or in part, any reports, data or other 740' materials prepared under this Agreement, All reports, data and other n teaials prepared under 741 this Agreement shall be property of the COUNTY upon completion of -this Agreement. 742 39. X II ITATXON OF FUTURE CONTRACTS 745 39.1 It is agreed by the parties to the contract that MOTOROLA l be -restricted in their future 746' contracting with the COUNTY to the manner.described below. Except as specifically: 747 provided in this clauses MOTOROLA shall be free to compete for business on an equal 748 .basis with other companies_ 749 750 39.2 IfMOTOROLA under the terms of the contract, or through the performance of tasks 751 pursuant to this contract, is required to develop specigeationS orstatements„fwork 1 75211 such specifications or NtEternents of work are to be incorporated into a solicitation, 7531 I MOTOROLA shall be inefi ble to perform the work described within that solicitation es a 75411 pine or subcontractor under an ensuing COUNTY contract. It is farther agreed, 755 I however, that the COUNTY will not, as additional work or by change, unilaterally requite 756 MOTOROLA to prepare such specifications or statements of work under this contract. 757 758 39.3 To the extent that the work under this bo.titraot requires access to proprietai business 759 ' confidential .or financial' data of other companies, and as long as such data remains 760 proprietary or confidential; MOTOROLA shall protect such data from unauthorized use 761 and disclosure and agree not to use it to compete with Sucrrcompanies. 762 763 LT &tiara Volume L G - � 12129/95 179 of 504 40. DRUG & ALCOHOL FREE WORKPLACE 7651 766 The County of San Diego, in recognition of individual rights to work t a safe; healthful and 767 productive work places has adopted a requirement for a drug and alcohol free work place, 768 County of San Diego Drug and Alcohol Use Policy C-25. This policy provides that all 769 COUNTY employed contractors and contractor employees shall assist in meeting this 770 requirement. 771 772 40.1 As a material condition of this agreementY MOTOROLA agrees that MOTOROLA and 773 MOTOROLA's employees, while performing service on the COUNTY property, orwhile 774 using COUNTY equipment: 775 776 40.1.1 Shall not be in any way impaired because of being under the influence of 777 alcohol or a chug, 778 779 40.1,2 Shall not possess an open container of alcohol or consume; alcohol or possess 780 or be under the influence ofan illegal drug. 781 782 40.1.3 Shall not sell, offer, or provide alcohol or a drug to another person. 783 784 The above sub -paragraph shall not be applicable to a MOTOROLA. employee who, as part ofthe pezforanance of normal job duties and responsibilities prescribes or administers medically . prescribed drugs. 787 788 40:2 MOTOROLA shall inform all employees that are performing service for the COUNTY on 789 COUNTY property or using COUNTY equipment of the COUNTY objective ofa safe; 790 healthful and productive work place and the prohibition of drug or alcohol use or 791 impairment from same while pea -forming such service for the COUNTY. 792 ?931 40.3 The County may Tathaate for Beloit or Breach this Agreement and any other 794 Agreement MOTOROLA has with the COS, 'MOTOROLA, or MOTORO7. A s 795! employees are determined by the Contracting Officer not to be in compliance with the 796 conditions listed herein. 797 798 41. SEXUAL RA .tAS ENT 799 800 To implement COUNTY policy to provide a work environment free of sexual harassment, 801 MOTOROLA shall comply with Board Supervisors' Policy C-22, "Sexual Harassment Policy," 802, and with ail applicable State and federal laws pertaining to serarai harassment or discrimination. i IT&C,wpd • Volume I G -13 12/29/95 180 of 504 SO4# 805 SPECS TERMS & CONDITIONS OF AGREEMENT 806 le nR.FoRMANCE BONDS 807 808 MOTOROLA will provide to the COUNTY a Performance Bond in a sine equal to twenty-five 800 ' (25%) percent and a Payment Bond in a sum equal to ten (10%) percent ofthe contract with 810 surety satisfactory to the COUNTY, within ten (10) working days after notice is received from 811 the COUNTY that the contract has been awarded. The cost of providing the bond shall. be , 812. considered as included in tire, price and no additional corupensiation wall be allowed therefor. 3f . 813 MOTOROLA fails to provide the bonds within the time specified, the COUNTY may, at its 814 option, determine that MOTOROLA is in default and terminate the contract in accordance with 815 the clauses of the contract entitled " Termination for Defaults' and `TTermination. for 816 Convenience." 817 818 2. LIQUID AXED 'DAMAGES 819 820 Tune is of the essence in the performance of this Agreement, and it is agreed by MOTOROLA 821 and the COUNTY that if this Agreemennt is not fully and completely performed within the terms 822 of the Agreement, as described in the project Zniplementation Plan, and such failure is due to R23 circumstances which are solely within. MOTOROLA'.s control, and the COUNTY has timely performed its obligations under the Agreement, damage will thereby lee sustained by the COUNTY: Since it is and will be impractical and extremely difficult to determine the actual- 82 • damage which the COUNTY will sustain by reason of sucledelay, it is therefore agreed that 827 MOTOROLA will pay to the COUNTY liquidated damages as set forth below: 828 829 a) The sum of $1,000.00 per day forB»*hone System Acceptance Test Plan (AMP) 830 completion; and $1, 700.00 per day for the completion ofthe Console ATP for each day in 831 excess ofthe allotted schedule prescribed in the Project Implementation Plan, up to Et 83 21, maximum amount of $424,000.00 for the entire RCS project. Q34� b) MOTOROLA will be given a thirty (30) day grace period from the due date specified in the 835 _Project Implementation Plan b ore liquidated damages Trill be effective. IfMOTOROLA 836 has not completed the applicable milestone within the thirty (30) grace day period, then 837 ' liquidated damages shall be effective retroactive to the first day ib lowing the specified 838 connpletien date. 839 840 c) • Liquidated damages awed during the performance afthe Agreement will be waived by 841 the COUNTY if MOTOROLA meets the scheduled delivery date for RCS System 842 Acceptance. 843 • 11 844 If this Agree lent is not fully and completely performed within tile time set forth in the Project ' 15 Implementation Plan, the COtJNT'Y's Contracting Officer shall have the right to increase the 1TJJC,wpd Volume I S - 2 12/29(95 181 of 504 O time for such performance and to waive the above damages. Nothing in this Section shalt be 847 construed as giving MOTOROLA R right to extra time for performance. 848 849 IfMOTOROLA is delayed by reason of changes or extra services ordered by the COUNTY, or 850 by conditions expressed in this section, the time for performance of this Agreement may be 851 extended commensurately by agreement by the Contracting Officer and MOTOROLA. 852. MOTOROLA will be relieved during the period of such extensioa of any claim for liquidated 853I damages. 854! 855 This section may be invoked or waived at the sole option of the COUNTY. The COUNTY must 856 notify MOTOROLA by certified in in accordance with Section 6. NOT1C S of its intent to 857 levy or wive any liquidated damages under this Article. The foregoing will be the COUNTY's 858 sole remedy for delays in the delivery of equipment or the performance of services. 859 860 861 MOTOROLA's right to proceed Allan not be terminated nor MOTOROLA be charged with 862 resulting damage if 863 864 2.1 The delay in The completion of the work arises from unforeseeable causes beyond the 865 control and without the fault or negligence ofMOTOROLA, including but not restricted to 866 acts of the public enemy, acts of the COUNTY in either its sovereign or contracting 7 capacity, acts of another contractor in the COUNTY, fires; floods, epidemics, quarantine restrictions, strfices, freight embargoes, unusually severe weather, or delays of subcontrac= 869 : tors or suppliers arising frown unforeseeable causes beyond the control and without the fault 870 or negligence ofboth 1VIOTOROLA and such subcontractors or suppliers, and; 871 872 2.2 MOTOROLA, within 10 days from the beginning of any such delay (unless the Conkrartiirg, 873! Officer grants a further period of time before the date of final payment under the eontraet), 874 notifies the Contracting Ofli in wing of the causes of delay in (2.1) above .875 8761The Contracting Officer shalt ascertain the facts and the extentofthe delay and extend the e 87711 for completing the work when, in his judgement the Endings affectt... justify such an extension, 878i and his findings of fact shall be final and conclusive on the parties. 879 880 • As used in paragraph (2.1) ofthis clause, the terms, "subcontractors or suppliers" means 881 subcontractors or suppliers at any tier. 882 883 884 3. ,'1OIC:S 885 886 All deliveries must be accompanied by invoices or delivery tickets. A. copy of each invoice or '887 delivery ticket must be signed by the individual accepting delivery. invoices shall include item, "8 description, quantity, delivery point, price, terms, purchase order number, sub -order number (if 1T&C.w:,d Volume I5-2 12/29/95 182 of 504 applicable to a blanket purchase order) and any data relative to the shipment, Original invoice 890 shall be mailed to COUNTY Auditor and Controller, Room 306, 1600 Pacific Blghway, San 891 Diego, California, 92101. Discounts will be calculated from receipt of merchandise or invoice, 892 whichever is later. 893 894 4. SOFA LICENSE 895 89 MOTOROLA hereby grants to the COUNTY a nonexclusive and fully paid -up perpetual, 897 - software license, to use the 800 11z system software as defined in the Agreement and described 898 in this Agreement and related documentation, including a copy of the License which is included 899 as Exhibit D. 900( 901 5. SOURCE CODE 902 903 .904 905 906 907 908 one 912 913 914 9.5 916. 917 91811 seen 920i 921 922 By executing this Agreement; MOTOROLA is making a firm commitment to support the software provided to the COUNTY However; in order to address any concerns that the COUNTY may have regarding MOTOROLA's abltity to support the software, MOTOROLA pneposes the following: `7n the event that: (i) MOTOROLA discontinues support for an item of MOTOROLA owned software furnished under the Agreement and subsequent releases of such software, if any; and (ui the COUNTY is, and remains, not in breach of the Agreement or other • applicable license agreement; then at the CODNTY's request, MOTOROLA. will at MOTOROLA's option, either recontiriue support for such software item; arrange for support by an entity that has access to the source code and related documentation with all revisions, corrections, enhancements and other changes made to the software, so that the source code constitutes a human readable program for the then current release of the software and supported by the then current version of its related documentation for such software item; or grant the COUNTY a license, under separate terms and conditions, to use MOTOROLA-owned Source code corresponding to such software for the COUi` TY'S internal use by the CO Y'S employees and the COLNTY'e agents, consultants, and independent contractors (provided that prior to bolds access to COt NTY' such source Coda, the �,V IVl..�0.''�t JJ.. SS a vaaQU$a n"4171142vrt; end p :dw �,a'�"...'av♦zt contractors einer into a non -disclosure agreement in Porn# and substance that is reasonably satisfactory to MOTOROLA) solely as a trouble analysis aid nor isolating, diagnosing, and fang problems in such software. 923 6 IMNI PRICING STRUCTURE 924 925 ' All prieing quoted in this Agreement, kept the priced ir' Volume EL sha i be firm for the term of 926 the Agreement; shall apply to all equipment, software, seniors and supplies; and shall also apply 927 to any equipment changes or additional equipment which the COUNTY may purchase under this 928 Agreement. The COUNTY shall allow MOTOROLA to increase the discount at any tine during 929 the tem of the .Agreement. 930 1T&awpd Volume i S _ 3 l9l95 183 of 504 a MOTOROLA represents that the products and services under this Agreement have not been 933 previously sold or offered for sale under substantially ar r T=ans ems, Canditiona and in 934 substantially similar quantities to any other State; County or City at a lower price than the price 935 offered to the COUNTY on products sold under this 936 p Agreement. 937 The prices reflected in Voiun e Ill will remain valid for a period of ten (10) years from final 938 ' system acceptance. Items may be added to Volume III at any time by mutual consent of 939 MOTOROLA. and the COUNTY. MOTOROLA shall extend all price reductions to the 940 COUNTY Price increases shall only be allowed subject to general increases in MOTOROLA's 941 published pace list. MOTOROLA may increase prices listed up to a maximum not to exceed the 942 . lesser of the Consumer Price Index ("CPT') or t} (3) percent. The initial base price shall be 943 the prices listed in this Agreement. Thereafter, the base price shall be the latest adjusted price as 944 established in accordance with the terms of this Secors. Ir1 no event will prices increase more 945 than once during any COUNTY fiscal year. 946 947 At any time during its performance of this Agreement, MOTOROLA may implement changes in 948 the products set forth in Volume HE, modify the drawings and specifications relating thereto, or 949 substitute therefor different products; provided, however, that any such changes, rnodifrcattions 950 'I or substitutions, under normal and proper use: (i) shall not materially or adversely affect physical 951 [ or functional interchangeability or performance (except where there is written agreement 952 between the parties that specific characteristics will be so affected); (ii) shall not detract from the 1 safety of the product and (ui) shall•be type -accepted by the appropriate authority, if required. . 4 Any replacement products provided by MOTOROLA. pursuant to this section shall be offered in 955 ,accordance with the pricing structure set forth above. 956 957 ' 7. FCC/FAA LICENSE 958 959 ' The COUNTY -is responsible for obtaining any licenses required by the Federal Corraa urications 960 Com a Sion (FCC) and the Federal Aviation Adwinis-tration (FAA). COUNTY and 961 MOTOROLA expressly agree that the project implementation is contingent upon receipt of , 96" . pruper FCC/FAA-licensing. iviO T OROra 's performance aerials Agreement shall ensure that all 9631 applicable requirements of the FCC/FAA licensing are met by the 800 MHz Thanked Radio 964 Communications System. 965 966' S. IMPLEMENTATION S:.']AJJULE 967 968' preliminary and final implementation schedules and final system design shall be prepared by 969� MOTOROLA.. The final implementation schedule shall indicate in detail ail the 800 MHz system 970 tasks, related subtasks to be performed and the associated dates the tasks are to be performed 971 and a final completion date. No equipment shall be scheduled fo1- delivery more than eight (8) 972 weeks prior to its scheduled installation date without approval of the COTR. The final 973 , implementation schedule and system design shall be subject to approval by the COUNTY and -74 shall he provided by MOTOROLA within thirty (30) days after final system design approval_ 1 T .'wpd Volume f S - 12/29/95 184 of 504 q ++ The Final Implementation Schedule as approved by the COSY sfrAll be attached hereto and 976 i becomes a part of this Agreement. 977 978 9. 'NON INT R ERiEIY _WTfli RCS .GGNC 979 98011 MOT OROLA's performance of work under this Agrcenient must not interfere unnecessarily 98111 with the operation of any RCS agency. 982 983 10. INVENTORY 984 985 MOTOROLA agrees to maintain an inventory report which includes a Bne item for COUNTY 986 asset or property tag ID#. 987' 988 11.`ERF'ACE WIEll OTHER VENDORS 989• 990 MOTOROLA agrees to cooperate with other vendors supplying equipment to, or performing 991 services for, the COUNTY asmay be requested by the COUNTY. MOTOROLA sp cally 992 agrees not to unreasonably withhold technical data deemed necessary by the COUNTY for 993 interface with equipment or software system supplied to the COUNTY by other vendors. This 994 shall not be construed, however, as implying that MOTOROLA will provide unlimited 995 documentation to other vendors or that special services will be provided. Any request by the 5 COUNTY that MOTOROLA cooperate with other' vendors shall recognize MOTOROLA's sight to protect its proprietary interests and intelleal prop'. 998 • 999 ' 12. ADVER'TITS'f�'GIpg0Cf'TIOlY,]C,."0 1000 1001 1002i! 1003 $ 1004 I 0051 i 100611 '1007 1008 .1009 1010 1011 1D12 1013 101-4' 1015 1016 1^17 To protect the privacy, operational effectiveness and integrity of the COt3NTY's use of the 800 MEz system, MOTOROLA 11121 refrain from any advertising of the CO NTY a 800 MHz system and'reirain from arranging or encouraging prasnotionsi or other visits to the COUNTY, except as specifically approved in advance by the COUNTY. However t COL1 �� „_,... wy wnv 3/v V1 v� i S. �d�� that it shall occasionally avow styth tours and advertising unless they unreasonably interfere with the communications center rir other COUNTY operations. 13. STA'rE-421-THE-ARX Eli 14 NT The parties acknowledge that the COUNTY desires to have the most current equipment and software for the system at the time ofinstaffa on. IfMOTOROLA becomes aware that improved, compatible equipment or software products are available thirty (30) days prior to shipment, MOTOROLA will notify the COUNTh In its notice to the COUNTY, MOTOROLA will provide an assessment, to the extent such information is available, of the advantages; disadvantages and cost impact to the COUNTY, if any, ofutilizixig such alternative equipment or software. The COUNTY will advise MOTOROLA in writing within ten (10) days of its intention to utilize or disregard such alternative equipment or software; failure of the COUNTY racewpd Volume I S - S 12; 29/95 185 of 504 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 11:53G 1037 1038 39 0 1041 1042 1043 1044 1045 1046 I 1047! Neal 1v4yiI 105011 1051 11 1052 1053 1054 1055 1056 1057 1058 1059 '^50, to advise MOTOROLA will be deemed an election by the COUNTY to disregard the ntilintion of the alternate equipment or software. 14, EOTTIP t NT CONITATIMLITY 14.1 MOTOROLA Nees that the hardware and/or sofiwxre, together with any and all associated equipment it w provide, as otherwise specified in the Agreement and describes in the Statement of Work will perform individually and as an integrated System in arlc,ordauce with the s»ecificaticns and representations stated in this Agreement. This Agreement does not extend to the performance or integration ofthe System equipment into a different syst= generally nor specifically to System equipment in combination with products, elements or components not supplied by MOTOROLA. 14.2 During the performance of this Agreement, it is understood thatMOTOROLA may imple.ment changes in the products set forth in this Agreement or substitute products of more recent design, This shall be allowed provided that any such changes, modificatiars and substitutions, under normal use shall not Materially or adversely affect physical or functional interchangeability or performance, or result in price changes except where there is prior written agreement between MOTOROLA and the COUNTY that specific characteristics will be so affected and/or price so affected. I5. FBEIGI yDELI"'V ;1tX MOTOROLA assumes full responsibility for all transportation, transportation scheduling packing, handling, insurance and other services associated with delivery ofthe equipment and materials under this Agreement. NIOTOROLA will notify the COUNTY of impending shipments not later than. ten (10) County work days prior to actual shipment. All costs associated with shipment and/or transportation and handling of any item purchased under this Agreement are in iuded in the total contract amount. Ali freight must be F.O.B. destination, prepaid and shah be unloaded at COUNTY sped sites by the carrier or MOTOROLA. 16 RATITICT MEIVUTCA.ITON MOTOROLA agrees to defend, at its expense, any suits against the COUNTY based upon a claim that any products furnished hereunder directly infringes a U.S. Patent or copyright, and to pay costs and damages finally awarded in any such suit, provided that the COUNTY promptly noes MOTOROLA in wziiing and at MOTOROLA's request and expense is given control of Raid eit and rNuested assistance for d 'ense of same, lithe use or safe of any such product furnished hereunder is enjoined as a result of such suit, MOTOROLA, at its option, and at no cost to the COtJNTY,_shall. obtain for the COUNTY the right to use or sell such product, modify the product to make it non -infringing or substitute an equivalent product reasonably acceptable to the COUNTY and extend this indemnity thereto or, ifnone of the foregoing.remedies are reasonably available to MOTOROLA, accept return of the product and reimburse the COUNTY 1T&C.wpd Volume I S d 12/29/95 186 of 504 1 1084 .L9. PAYIVIDTT APPRO VALPROCEESS 1085 the full purchase price therefor less a rea,lona.bie charge for reasonable wear and tear. This 1062 indemnity does not extend to arty suit based won any infringement or alleged infringement of any 1063 patent or capvright by the combination of any product(s) ferniehed by MOTOROLA and other 1064 eienients nor does it extend to any product(s) of the COUNTY°s design or formula. I065 1b66 17. STANDARDS OF P 'OR LANCE AND ACCEPTANCE TESurriQ 1067 1068 MOTOROLA. shall certify in writing to the COUNTY when the 800 l z System or subsystems 1069 supplied by MOTOROLA are installed and ready for use. The 800 MEz System or subsystems 1070 j will be ready for use upon successful completion of acceptance testing as set forth in the 1071 Acceptance Test Plan (ATP). Acceptance shall be deemed to have oceurred only when the 1072 COTIL has provided MOTOROLA with written certification of system of subsystem! acceptance, 1073 MOTOROLA. shall record the test results in conjunction with COUNTY staff and provide the 1074 COUNTY with error -free test results for COtJNI`Y verification. The system or subsystem shall 1075 not be accepted until the standards of performance are znet. Prior to acceptance, the COUNTY 107. ' will obtain RCS Board review and approval. Such standards of performance and acceptance 1077 testing shall conform to specifications as defined in Volume II.- Statement of Work. 1078 1079 12. 1PRO3EC'T/CONTRACT FENANCIAL REPORTING 1080 1081 MOTOROLA shah as part of the monthly status report; provide monthly financial reporting of ? all contract inilestones, deliverables, invoices; change orders and task 'orders. 1086 Payment to MOTOROLA. will be made by the COUNX'Y'subject to the following process: 1087 1088 - COUNTY and MOTOROLA project managers. will review items/services delivered. 1089i 0 If COUNTY approves deliverable/milestone, approval wilt be provided on written sign -off. 10901 form. Prior to payment, the COUNTY will obtain RCS Board review and approval. 091 i s MO T OlRO±.A vv i invp r:e monthly based on .e prove sig:r-off forme reeved from 1092 1 COUNTY. 1093 a COUNTYwill make payments ba. ed only on approved si -ofef 'o,� gn ors g?x_.r to snQ_.th-end. 1094 • COUNTY will make payment within 30 days after receipt of invoice from[ MOTOROLA. .1095 M1096 i s &C.. vd Volume I S s. 7 12/29/95 187 of 504 Ez 20. WARRANTY 1098i 10991) Warranty of the RCS System and it equipment t he „n accordance with Exhibit t C which is 1100 incorporated in the Agreement. I101 1102 21. KIRCE MAII ETR 1103 1 104 Neither MOTORO;i. i nor the C OUN'I'Y will be responsible for delays br lack of performance 1105 resulting from acts beyond the reasonable control of the party or parties. Such acts va. include, 1106 not be limited to, acts of God; fire; strikes; material shortages; compliazce with laws or 1107 regulations; riots; acts of war; or, any other conditions beyond the reasonable control of the party 1108 or pars. Delays as identified herein may cause an impact on the period of performance stated 1109 in the Agreement. 1110 1111 22. REQUIRED APPROVALS 1112 1113 Where agreement, approval, acceptance, or consent by either party;is required by any provision 1114 of this Agreement, such action will not be unreasonably delayed or withheld. 1115. 1116 rnIcCAvgcl Volume 18 - 8 12129195 188 of 504 11 Co— I 1: 31:1AP1 xua il11i1 'il 1f11 Litt, 11r• 33214U94 rid 1 J 13128195 V County of Silt Diego Aoglonat Communication" Syst m EXHIBIT A PRICING SHEET Equipment Sumntarr Sao -Totals of is OW tat Trun Kett System Muter [PgC1 Montt SimWeett System 1,674,301.96 t.913,23154 Spawn1.910,2g3.37 &nUb. its moans Mobiles. PQ►tabkts, d Combo; Stobans .6 .11.674.69620 70 Mobile OatsSWere Mobile Oats 4drastroraore Q60 r�11 1;n1e Egs rl ment 1,t�i7.i9a 4$ Mob11e Daft Tenehel device_ 26431%4e mar Micre•direve Swum J41 Channel Sankt' a.b'855.54 Mtwara Sy e Antenna Systems i,S4. t'S7.5e Dispatch Central ECt: Furniture ECC �ipnerd C 0 1UM Eguiprrsq ,T7,&83 .i9 Cadiz" Stations 26333+1t,13 1CtisS?:G6 12.00 SOOMHz Mufr.r}1;dEmil srt 800 MHz MunIatAld Equipment - ags•NNTA 250,823.0a 144.275.1 Con" en EguIPmeru Recommended Test Equ/pment Manuals 421.588.58 244.568.47 19.299.90 County Zqu pme aaerS 1 ►Pita 373.o49.80. ao2z:03 Equrptnmt Tinter Vendor Servtee,, T,or;ri: row Eglrit/t rent and Vendor 5srvioek 0:edt San oar Detead Syystem nation Detailed 1mpL etdaddan Planning M rowsve PrecuromartMicrovorie ' 1 implFactory Staging&+ Management egration 001m¢ayon 4 AceepWscs Ta ^1p system 04at iOn post-Acceptance.System Management Sudpc t Tnanind Support Prevent mermoment Preiiitt Admi>iatratim rol„t Moot 6arvlcge Mvtoruta Cerrtiiderrtial and Proprietary 25245141.47 0.00 37.00 .47t,32o J„ 315.916.75 171.279,25 t1D,g64.00 .788 00 t639.115.91 1. 85.191.25 U1,353.25 777..370.00 109,155.50 7€5,200.00 35t.000,p0 k3t1t ,B64 6s 28,245,141.47 1 189 of 504 14 o 3 l i r vSt 91Ut`� 1 L+1I Lila., RI 570l41144 iWM4 1212s&95 inC'wam Services: Comity of San Diego Regions( Communications System Ferry 3tapfry 6 imp►a+rlentarlon &triton CCSI Factory Stating Ck 5i 870,92$.98 F orY Supplied Cabana 3b2,931.78 RNG Factory Ziaglncr R00 Totag Indirect Ser4icas r otsi Services 9.475,525.32 Oer Costa: SyarvNr Warranty Pedoo9 Rriatntononna . FNE (1.Year, 5r1) Woe, Oda, & ki trove a Irlhastmet ra 1534220.62 RNG tiardwens/Soilwere • 0.00 Training Freight5t9,Sd7.s2 Performance Bands % Peri.; 10% Pa 47850.�0 } 51,250.O0 Total Other Coss 1. d.4.6f1.08 Total Sao/Ices and Omer Cads 11,159,993.63 Total System Setbre rerc Tan [i55 �r 39..13a.87 may_ 1,977.159.90 gjetam aisocunt (4.3414} 4,710.1112.SE 39,672.11122 Nig estirlisisci escrow osmir46 o9n3artabfeto men) and Services 2.210.00 a.00 Nctfundad Motorola Law. amount t 37.;62.111.92 Maloroin Car#idsnRuland Proprietary 2 190 of 504 128-95 EXIT B M1 ES"T01_ 1' PAYMENT SCHEDULE AND TERMS 1. Upon acceptance by the County of the detailed Subsystem Overviews, Subsyittn Descriptions, System Diagrams and Equipment Lists, Motorola shall bill for and be paid the sum of $3,967,211.00 2., Upon acceptance by the County of the detailed system Acceptance Test Procedures, Motorola shill bill for and be paid the sum of $3,967,2I.1.00 COUNTY acceptance or rejection of the documents listed in this Exhibit shall be provided in writing within fifteen calendar days after the documents are received by the COUNTY. ' 3_ Upon receipt, instaElation and acceptance of the backbone equipment, Motorola shall bill for and be paid for the following, including tax and freight on a sub -system basis (unless otherwise mutually agreed): a) $10,002,172.66 upon receipt of equipment. b) $869,754.14 upon completion -of installation on a site by site basis. 4. Upon receipt and acceptance of the following direct services, Motorola shall bill for and be paid the following amounts: a) Delivery of Final Detailed System Design Documentation: $ 1, 813,475.30 b) Factory Staging Support due upon shipment of staged equipment S1,193,120.46 c) Optimization and Acceptance Services and Other Costs due upon conditional acceptance of800 Mhz voice system: $1,576,937,55 d) Training Support Courses (as each course is completed): $261,868.31 •e) ► ogram Management Services: $15,670.17 per month beginning 30 days after contract execution for a period of 23 months. • f) Program Administration Services: $7,690,48 per month beginning 30 days after contract execution fora period of 23 months. 5. The balance of all field equipment, ($10,064,859.00) to include portables, stabiles-, control stations, And all antenna, line and connector equipment'shall be billed upon receipt . at the prices set forth in Volume III or such other prices as mutually agreed and recognized by Change prder or Task Order issued under this AGREEMENT, including tax and fright. 191 of 504 12-28-95 6. Conditional Acceptance / Beneficial Use of the 800 ivihz System shall constitute the h2 th fora payment of $2,167,283.12. 7. Final Acceptance of all subsystems shall constitute the basis for a payment of $3,250,924.68 which shall include retention of all remaining amounts and the balance of the contract price, excluding task orderg / options. Receipt of mobile, portable and control station equipment is defined to occur upon delivery and signed receipt by a County representative at a location designated by the County at least 30 days prior to shipment. P.pt of all other equipment is defined to occur upon delivery and signed acknowledgement of delivery by a County representative at a location designated by Motorola within San Diego County. The County will sign the acknowledgement of delivery within 5 days of request ofMotorola. Payment shall be made within 30 days of receipt of a properly executed and approved invoice by the Auditor / -Controller. Schedules for all items are set forth in Volume II. No payments shall be made for equipment delivered in advance ofthe agreed schedules. Change or Task Orders which modify the delivery schedules and milestones set forth in Volume 11 shall adjust the above payment schedules_ Any such Change or Task Order shall set forth revised pacing and payment schedules based upon mutual agreement in the case of Change Orders exceeding. S25, 000. 192 of 504 LICENSE AGREEMENT This Lice se Agreement is between MOTOROLA, INC., a Delaware Corporation, having an office at 1301 East Algonquin Road, Schaumburg, Millais 60196 ("Motorola") and the Licensee named below ("Licensee"). WHEREAS, Motorola has developed or acquired. or will develop or acquire Programs (ae; hereinafter defined) and/or Programs for incorporation into Motorola Products; WHEREAS, when the Licensee purchases, from time to time through various purchase contracts or otherwise, Programs and/or Programs incorporated into Motorola Products, the Licensee acquires certain rights in such Programs and may utilize such Programs in accordance with this License Agreement; and WHEREAS, at the time of purchase by Licensee, a Software License Level may be indicated for each Program or Program contained within a Motorola Product on such purchase contracts or otherwise. NOW, THEREFORE, In consideration of the premises and the mutual covenants hereinafter expressed, Licensee and Motorola agree as follows: Section 1 DEFINITIONS 1.1 "LICENSEE" shall mean the licensee indicated at the end of this Agreement. 1.2 "LICENSED SUBSIDIARIES"' shall mean all Subsidiaries _of Licensee that have executed this Agreement or an Addendum hereto agreeing that the terms and conditions of this Agreement shall apply to such Subsidiary. Upon becoming a LJcen$ed Subsidiary, such Subsidiary shall be treated for all purposes as a Licensee hereunder and shall be bound by all of the terms and conditions hereof. 1.3 "LICENSEES PERSONNEL" shall mean any person who. is directly employed by the Licensee. i .4 4MOTOROLA PRODUCTS" shall, mean products designed, manufactured, acquired and/or sold by Motorola, lnc., ds identified in purchase contracts or as otherwise -identified. .5 "PROGRAMS" Shall mean object code software for use in conjunction with Motorola Products or foe use within Motorola Produce, t .6 "SUBSIDIARY" shall mean any corporation, company, or other entity more than fifty percent (50%) of, whose outstanding shares of stock entitled to vote for the election of directors (other than any shares or stock whose voting rights are subject to restriction) is owned or controlled by a party hereto, directly or indirectly, now or hereafter, but any surf company dr other entity Is a Subsidiary only so long as such ownership or control exists. 1,7 "'TRANSFEREE" shall mean a third party corporation, company, or other entity (other than a Licensed Subsidiary) that May acquire rights in certain Programs having a Level Two Software License through a written agreement with the Licensee. 193 of 504 Exhibit 8 Section 2 LICENSE 2.1 LEVEL ONE SOFTWARE LICENSE: Motorola hereby grants to licensee a personal, non- exclusive, and nontransferable Level One Software License for Programs purchased by Licensee which are identified, in writing; as Level One Software, and for any such programs 'that do not have an expressly written software tevet. A Level One Software License shall contain the following terms and.provisions: 2.1.1 Licensee may use such Programs solely for the Intended purpose of the Programs; 2.1.2 Licensee may only use Programs in the United States, in a country expressly stated in purchase contracts pertaining to the Programs, or in a country that is - other wise identified in a written agreement that is signed by at least Motorola; 2.1.3 Licensee shall not disseminate, disclose, or make available- the Programs, or any parts thereof, in any form to a third party without the express written cvrtsent of Motorola; 2.1.4 Licensee shall not disassemble or reverse engineer the Programs, or any portion thereof, without the express written consent of Motorola; 2.1.5 Licensee will take appropriate action, by instruction, agreement or otherwise, with any persons, including Licensee's Personnel, permitted access to the Programs, such that Licensee satisfies its confident€afity obligations under this License Agreement; 2.1.6 Licensee shaft not make copies of the Programs without the express written consent of Motorola, except for up tr four (4) backup copies; 2.1..7 Title to Programs and any copies thereof, In whole or In part, and ail rights in patents, copyrights, trade secrets, and other intellectual properties of such Programs are vested in Motorola; 2.1.8 The Licensee shall inviz rie all copyright nottoes, trademark notices, and other proprietary legends In accordance with Motorola's instructions on all copies of the Programs it makes; and 2.1. 9 Licensee acknowledges and agrees that the existence of any copyright notice on any Program snail not be construed as an admission or presumption that publication of each Program has occurred. 2-2 -LEVEL TWO SOFTWARE LICENSE: Motorola hereby grants to •i..lcensee a personal, non- exclusive, transferable Level Two Software License for such Programs purchased by Licensee which are identified, in writing as Level Two Software. A• Level Two Software License shall contain the following terms: 2.2.1 Licensee may use such Programs solely for the intended purpose of the Programs and'oniy in the distributed form of the Programs; 2.2.2 Licensee shall not make copies of the copies; however, this restriction does not magnetic media that have been created management purposes; U.S. Revisal 5192 Programs except for four (4) backup Include records stored on electronic or by the Programs and used for system Page 2 of 8 194 of 504 Exhibit 8 2.2.3 Licensee shall not modify, adapt, or merge the Programs; 2.2.4 ,Licensee shall not make the Programs available to a third party that Is not bound by a similar License Agreement and does not have a need to know; 2.2,5 Licensee may not disassemble, decompile, or otherwise reverse engineer the Prog rams; 2.2.6 Licensee shall pay all applicable sales and use taxes or certify its exemption therefrom; 2.2.7 Licensee shall comply With the export regulations of the Office of Export Administration for the United States Department of OcmmeCce; 2.2.8 Licensee May transfer such Programs in their entirety' to a Transferee, but only If the Transferee uses the Programs under the same License terms and provisions as specified herein from Motorola; and 2.2.9 Titie to Programs and any copies thereof, in whole or in part, and all rights in patents, copyrights, trade • secrets, and other intellectual properties of such Programs are vested in Motorola. 2.3 LEVEL THREE SOFIWARE LICENSE: Motorola hereby grants to Licensee a personal,'non. exclusive, and nontransferable Level Three Software License for such Programs purchased by Licensee which are identified, In writing,. as Level Three Software. A Level Three Software License shall contain the following terms and provisions: 2.3.1 Licensee may use Programs solely for the intended purpose of the Programs; 2.3.2 Licensee may only use Programs at a site, or sites, expressly stated in purchase contracts pertaining to the Programs, or at a site, or sites that are otherwise identified in a written agreement that Is signed by Motorola. if a site is not specified, the Licensee may use the Programs only at the facility where the Programs were Initially installed; 2.3.3 Licensee shall not disseminate, disclose, or make available the Programs, or any parts thereof. in any form to a third party without the express written r ;.Ser t of Motora;a; 2.3.4 Licensee shall not disassemble or reverse engineer the Programs, or any portion thereof, without the express written consent of Motorola; 2.3,5 Licensee will take appropriate action, by instruction,. agreement or otherwise, 'with any persons, including Licensee's Personnel. permitted access to the Programs, s tch that Licensee satisfies its confidentiality obligations under this: License Agreement; 2.3.6 Licensee may make copies of the Programs, but only in sufficient quantifies to service the site, or sites, expressly stated in purchase contracts pertaining to. the Programs or otherwise identified in a written agreement that is signed by at least Motorola. if a site is not specified, the Licensee may only make copies of the Programs in sufficient quantities to service the facility where the Programs were initially installed; U.S. Revised r 2 Page a or a 195 of 504 Exhibit B 2.3.7 Title to Programs and any copies thereof, in whole or in part, and all rights in patents, copyrights, trade secrets, and other intellectual properties of such Programs are vested in Motorola; 2.3.8 The Licensee shall include ail copyright notices, trademark notices, and other proprietary legends in 'accordance with Motorola's Instructions on all copies of the Programs it makes; and 2.3.9 Licensee acknowledges and agrees that the existence of any copyright notice .on any Program shall not be construed as an admission or presumption that publication of such Program has occurred. Section 3 PROVISIONS AND CONDITIONS FOR SOFTWARE LICENSES 3.1 Licensee agrees to pay for each Program, a one-time, lump -sure, License fee• Each such License fee shall be. due and payable upon receipt of invoice unless otherwise speed. Service charges at the maximum rate permitted by applicable law may be invoiced on accounts more than ten (10) days past due and shall be due and payable upon receipt of invoice for such service charges. ' 3.2 The License fee for each Program will be fisted -in Motorola's current Price Book, current addendum to such Price Book, or other tangible form. License fees in the Price Book are subject to change without notice. Orders for each Program will be billed at the License fee in effect on the day Licensee's order is entered. 3.3 licensee shall pay aft sales, use and excise taxes, anci any other assessments in the nature of taxes, however designated: 3.3.1 on each Program or its License or use; 3.3 , 2 resulting from this License Agreement; or 3.3.3 on any amount payable for any services furnished under this License Agreement, exclusive of personal property taxes assessed on the Program and taxes based on Motorola's net income, unless Licensee furnishes Motorola with a certificate of exemption from payment of such taxes which Is In a form reasonably accestabie to Motorola. . e. Licensee shall not assign or transfer this License Agreement or sublicense any Program purchased under this License Agreement. without the prior written consent of iviotoroia, Any prohibited assignment, transfer or sublicense shall be null and void. 3.5 Motorola reserves the right to assign this License Agreement; encumber or sell any Program, or subcontract any of ifs obligations hereunder, either in whole or is part, without notice to or the consent of Licensee. 3.6 Motorola small not be responsible for support or field, service of any Program under this License Agreement. Any maintenance by Motorola, if available, shall be by separate agreement on Motorola's then current terms and conditions and at Motoroia's then current prevailing rates for such maintenance. U.S. Revised 6/82 Fagg 4 of 8 196 of 504 Exhibit B Section 4 TERM OF LICENSE AGREEMENT 4." This License Agreement shall have a term of ten (10) years and shall be applicable to all Programs endlor Programs contained within Motorola Products that are purchased, or otherwise acquired, by Licensee; or Transferee, during the term of, this License Agreement. 4.2 This License Agreement may be terminated prior to the expiration of the ten year term for the reasons set forth in Soction 6. For premature termination, the procedures specified in Section 6 must be followed. Section 5 CONFIDENTIALITY 5.1 Licensee shell' keep each Program cenfidentiat and shall riot use any Program for arty purpose other than its inter ded purpose. 5.2 Licensee shall restrict access to each Program to Licensee's Personnel who have a need to know. 5.3 Liconsee shall not disclose or disseminate Programs, or any parts thereof, to any third party during the term of .(his License Agreement and for a period of ten years after the termination of this License Agreement, without the express written consent of Motorola. 5.4 The obligations of. this Section 5 shall survive the expiration, termination, or cancellation of this License Agreement for any cause. 5.5 The obligations of this Section 5 shall not apply to Information that 5.5.1 is or becorries pubilciy known through no wrongful act an the part of Licensee; 5.5.2 Is already known to Licensee at the.time of.disclosure; 5.5.3 Is rightfully received by Licensee from a third party without breach of This License Agreement; or 5.6.4 is expt:citly approved for pull release by written authorization of Motorola. Section 6 TERMINATION 6.1 If either party commits a rrintarin! breach of any of is obligations sat forth herein, in a purchase contract for Programs, or other agreement retarding Programs, the other party may give written notice of termination to the breaching party. The written notice of termination shall specify the material breach and must specify whether • the entire License Agreement is being terminated or whether the License Agreement is being terminated with respect to a particular Program, or .particular Programs. Upon receipt of the written notice of termination, the breaching party shelf have sixty (60) ,dys to cure the material breach. In the event that the material breach Is not cured during the sixty (60) days, the License Agreement is terminated as specified in the written notice of termination. 6.2 The termination set forth in Section 6.1 shall not be exclusive of any other remedies or means of redress to which the non -breaching party may be lawfully entitled. U.S. Revised 5192 Page 6 of 8 197 of 504 Exhibit B 6.3 Upon termination of this License Agreement or termination of this License Agreement for any particular Programs) . Licensee shall promptly forward to Motorola, or to Motorola's designee, all copies of Programs for which this License .Agreement is terminated. Section 7 WARRANTY 7.1 For the first one (1) year following its Initial shipment, Motorola warrants that, when properly used, its Programs will be free from reproducible defects that cause a material variance from its published specification. However, Motorola does not warrant that Program operation will be uninterrupted or error -tree, that each defect will be corrected, or that any Program will meet Licensee's particular requirements. .7.2 JvlOTOI CLA'S TOTAL LIABILITY AND UCENSEE S SOLE REMEDY FOR ANY WAFIRANTED PROGRAM SHALL BE LIMITED TO, AT MOTOR(XA'S OPTION, PROGRAM REPLACEMENT OR THE PAYMENT. OF LICENSEE'S ACTUAL DAMAGES, NOT TO EXCEED THE SUMS PAID TO MOTOROLA FOR THE MOTOROLA PRODUCT INCORPORATING THE DEFECTIVE PROGRAM. mIS WARRANTY EXTENDS ONLY TO THE FIRST UCE:NSEE; SUBSEQUENT TRANSFERS ACCEPT THESE PROGRAMS "AS IS" AND WITHOUT WARRANTIES OF ANY KIND. THIS WARRANTY REPLACES ALL OTHER WARRANTIES, EXPRESSED OFI IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WAFIRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Section 8 MUTATION OF LIABILITY 8.1 The entire Motorola liability to Licensee for damages concerning performance or nonperformance by Motorola under the License Agreement or In any way. related to the subject matter of the License Agreement, .regardless.cf whether the claim for subh damages is based in contract, tort or otherwise, and Licensee's sole and exclusive remedy shall be limited to the payment by Motorola of actual damages not to exceed the total License lee paid by Licenses for the Program, or Programs that caused the damages or is 'the subject matter of or is directly related to such claim. 8.2 IN NO EVENT SHALL MOTiif;OU SE LIABLE FOA SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WM-IOUT LIMITATION LOSS OF t.JSE, TIME OR DATA, INCONVENIENCE. COMMERCIAL LOSS, LOST PROF/TS OR SAVINGS) TO11-1E FJJLL cEXTENTSUCH MAY 8E DISCLAIMED BY LAW EVEN 1F NIOTOROL.A HASBEEN ADVISEDOF Tc'aE=OSSiBIL i X OF SUCH LW/AGES OR FOR ANY CLAIM AGAINST LICENSEE BY ANY OTT1ER PARTY. Section 9 'INDEMNIFICATION' 9.1 If promptly notified in writing, Motorola will 'defend any suit against Licensee that claims that U.S. patents, copyrights, or trade secrets of another have been Infringed solely by Motorola's unaltered Programs and will pay any associated costs or damages finally awarded. Upon Motorot 's request, Licensee agrees to reasonably. assist In any; defense and surrender control of the suit to Motorola. Motorola may elect, at any time, to modify or replace these Programs with equivalent non -infringing items, obtain the right to continue. rising the Programs or, if these remedies are not reasonably available, terminate this License Agreement with respect to such Programs. Motorola shall have no liability for infringement that arises from any modification of Motorola's Programs by Licensee or- from Licensee's combination of Motorola's Programs with another's. U.S. Faeviigd 5/B2 Page B of B 198 of 504 Exhibit B Section 10 DISPUTES 1 p. 1 .Motorola and the Licensee will attempt to settle .any claim or controversy arising out of this Agreement through consultation and negotiation in good faith and a spirit of mutual cooperation. if those attempts fat!, the: the dispute will be mediated by a mutually acceptable mediator to be chosen by Motorola and the Licensee within thirty (so) days after written notice by one of the parties demanding non -binding mediation. Neither one of the parties may unreasonably withhold consent to the selection of a mediator, and Motorola and the Licensee will share the cnst of Ole mediation equally, By mutual agreement, however, Motorola and Licensee may postpone mediation untii both parties have completed some specified but limited discovery about th•e dispute. The parties may also agree to replace mediation with some other form of non -binding alternate dis ute resolution procedure ("ADR"). 13 10.2 Any dispute which cannot be resolved between the parties through ,negotiation or mediation within two (2) months of the date of the initial demand for it by one of the parties may then be submitted to a court of competent jurisdiction in Illinois. Both Motorola and Licensee consent to jurisdiction over it by such a court. The use of any ADA procedures will not be considered under the doctrine of lathes, waiver or estcppef.to affect adversely the rights of 'either ley. Nothing shall prevent either of the from resorting to the judicial proceedings mentioned in this parties efforts to attempt resolution of. the dispute under theseap ooedures have been. if (a� good faith unsuccessful or {b) interim relief from the court is necessary to prevent serious and irreparable injury to one of the parties or others. Section 11 GENERAL- PROVISIONS 11.1 'This License Agreement constitutes the complete and exclusive statemenj. of the agreement between Motorola and Licensee, and supersedes all oral or written proposals, prior agreements and other prior communications between the parties, concerning the subject matter of the License Agreement. 11.2 ,All formal notices, consents and other communications required or permitted under this License Agreement shall be in writing and shall be sent in such a *ay as to assure receipt by the other parity. Either party may change its address for formal notices by written notice to the other party. This License Agreement shall be govemed by and construed in accordance with the laws at the State of Illinois. 11 4 No representation or promise relating to, and no amendment of, this License Agreement shall be binding i.irii it is In writing and signed by both parties, 11 •b The terms and conditions of this License Agreement shall prevail notwithstanding any variance with the terms and conditions of any order submitted by Licensee. t 1.6 Motorola shall not be liable To any failure to perform due to causes beyond its reasonable controi. 11.7 No waiver by a party of any breach of any provision of this License Agreement shall constitute a waiver of any other breach of that or any other provision of this License Agreement. V.S. Revised 51%2 Page 7o!5 199 of 504 Exhibit 8 1 1.8' Licensee recognizes that applicable Federal Communications Act and other statutes; laws, ordinances, rules, and regulations may charge;from time to time and that accordingly Motorola in its sole discretion has the right without Liability to modify this License Agreement to comply with such change. 1.9 In the event that any cf the provisions contained In this License Agreement are held to be unenforceable, this License Agreement shall be constued. without such provisions. 11.10 No action, regardless of form, arising out of the License Agreement may be brought by ' Licensee more than one (1) year after the cause of action has arisen. 1.1 1 When, at the time a Program br Program .contained within a Motorola Product is shipped, a Software Level is not indicated in the purchase contract or otherwise, such Prcgram shall be deemed Level One Software.' The Software Level of a Program may be amended by a written agreement signed by Motorola. ACCEPTED AND APPROVED AS OF , 198. ' LICENSEE MOTOROLA INC. By (Aut ertzed Signeluro Name: • (Print • Block Letters) PURCHASER By: (Authorized Signature) Name: (Print • Block Letters) Title: TIUe: ,'•°T' • Monk Letters {(Nih! - Bieck Lettere) Date: - Date: Customer #: Address for Formal No;lees:' Address for F orTnai Noiices: Motorola,' Inc. 1303 East Algonquin Road Schaumburg, Illinois 60196 Attn.: intellectual Property Department , Attn.: LJCENSED SUBSIDIARIES (if any) NAME: TITLE DATE U.S. Revised E!92 Pags8a8 200 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 201 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 Chief of Police to enter into an amendment to extend the current Memorandum of Agreement (MOA) authorizing the Police Department to participate in the Operation Alliance Task F 201 of 504 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September6, 2016 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City 1) authorizing the Chief of Police to enter into an amendment to extend the current Memorandum of Agreement (MOA) authorizing the Police Department to participate in the Operation Alliance Task Force (OATF) through the California Boarder Alliance Group, Southwest Border High Intensity Drug Trafficking Area (HIDTA); 2) authorizing the acceptance a HIDTA grant in the amount of $148,000; 3) establishment of appropriation and corresponding revenue budget This multi -year agreement shall remain in effect from year to year as long as each agency continues to participate in a CBAG HIDTA Initiative and the HIDTA fund remains available. The funding will pay partially for two (2) National City Police Officers' salary, benefits, overtime, and vehicle allowance in the amount of $148,000. PREPARED BY: Jose Tellez, Captain DEPARTMENT: Police PHONE: (619) 336-4510 APPROVED BY: EXPLANATION: The Operation Alliance Task Force (OATF) investigates narcotics smuggling, transportation and dis r .ution groups along the California Mexico border based on proactive case development and post seizure analysis of all seizures made by elements of the U.S. Department of Homeland Security (DHS). OATF is comprised of federal, state, and local agencies. The National City Police Department will dedicate two investigators to the task force and the MOA will pay for the officer's salary, benefits, overtime, and vehicle allowance in the amount of $148,000. These positions are funded only as long as the funds from HIDTA are available, otherwise the positions would be terminated. No local match funding is required for this grant. FINANCIAL STATEMENT: ACCOUNT NO. 290-11656-3463 (Revenue) 290-411-656-*. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Approve Resolution. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Exhibit A MOA Exhibit B Budget Detail Report 202 of 504 California Border Alliance Group Southwest Border High Intensity Drug Trafficldng Area Memorandum of A.t?reement Multi -Year 2009/CUAG The Office of Drug Control Policy (ONDCP) has awarded a HIDTA Grant, to the San Diego Sheriff's Department (SDSD), Chula Vista Police Department (CVPD) and the California for a Drug Free Youth (CADFY), on behalf of all State and Local Law Enforcement Agencies participating in the California Border Alliance Group (CBAG). These funds shall be used as designated in each agency's CBAG recommended and ONDCP approved budget for that Initiativc(s). Scope of Service The services carried out under this memorandum of agreement shall be consistent with those contained in the Initiative Proposal and Budget as approved for funding by ONDCP. Changes shall not be made in the subject or the proposed objectives and products of Initiative activities without prior written approval from the CBAG Director acting on behalf of the Executive Committee. Reprugranzm ing of Funds Reprogranuning of funds requires different levels of approval based on the amount to be reprogrammed and whether the reprogramming is intra agency or intra initiative. In all cases the recipient agency is responsible for maintaining detailed records of the reprogramming activities and forwarding a request for authorization to the CBAG Director. Reporting Requirements A final report of initiative expenditures shall be submitted to CBAG within thirty (30) days after the close oldie approved period of the HIDTA Grant. Interim financial reports shall be submitted to CBAG by the 30th day following the ending of each quarter. It is understood that these reports are required by ONDCP. The financial report shall contain expenditures / costs by cost categories of the approved initiative budget and the comparison of actual expenditures / costs against budget estimates. Failure to submit reports on a timely basis may result in the interruption or termination of the initiative funding for that agency. Timely submittal of invoices, with documentation of exenditures, for reimbursement meets this reportine responsibility. Detailed information on the financial reporting requirements arc found in the HIDTA Program Guidance, and the HIDTA Financial Management Standards. Invoicing Each agency shall invoice once per quarter for expenditures incurred. Invoices shall report each initiative separately and contain the expenditures by category with the agency providing the required documentation. Equipment (any item costing S I,000 or more, including software) should be identified by item description, serial number and cost. A CBAG inventory bar code tag will be issued for each item. Each agency shall maintain the item in their inventory and place the CBAG tag on each item. This will assist us in meeting ONDCP's requirement for a HIDTA Equipment Book. Paee 1 nil 203 of 504 • •'• -• ' ' 11ie. �ateandulp'g oi<Ater ut trt •• I. .ONDCP; as a gonditioapoo #Media& zegakes agearcde§.to•ce;t(fy thaV,t• hoge position limdedvader tic's Hlurk " r r Program fo= stdtr yard lallneWswould id be SAed ff ilt were not for these H.TA funds. Agency.hesda,•1>y • • . agreeing 0 th ig MOA,rare griming to.submit tinit certification oh ovum l tekd using the language provided by , ' ONDC•P. A position Desbtipt on is also neynired.: . ' - ' •• . • ' ; _ • •,:. Accept cit •• .. , . % ' Aceaplatrce cif ibda MOA by ppartlriaadng ugettides is aoceptlinee-of all atadderds and condition' ,f the I )TA • tifr+ant. Ia.ardea to trteet OND E iDT 1 Gnideocp, the CIAO pirates 0f10e will csmdnct ao anunarantiit tig' • lIp3TA eapendi(nres M all psrttdiratiO a$eudes, primarily try irivitswingthe &intimidation •splmhdd wl�each; . • intwiell ut sypdenieitted •by aeal review df og•al d antt • • _- . • • This MOA sbBIi be it multi -pear agrr t ctfeetive uponsignatare of both agencies and shall remain in affect ' • from year toyear is long as Web agency rondnnea toiraniciphull in n cliAGIIIDTA Initiative nad ETA tads remain available frpnil ONDOPF eitheiagency provides 120 days written nolicd to tra eta:, • Natioml City palm Departmot Fiscal san-Dfego sheers Dpparosrent • ikutpito G : Data D. (foie: MOT ' d?Iacal Agentur • • . . ClmiaViataPdneeDayartmcnt -• David ad Fiscal Agents: Caltraitia.forpus ace Youth (GAD Y) . CONCURRANc S; • - Cailfarnta Marcia Mapco Group (CnAg) ?�• i{i�� Dam • 1. /3,/o $aen.M dnnr, D1Tector • •pate; •, ��� .. Ci. °tern, matt • ..'Date • Page3 Qt2 • 204 of 504 2 4a. Budget Detail 2016 - SWB HIDTA San Diego Imperial Valley All Initiatives, Award Recipients and Resource Recipients Input 0148,000.00 Personnel Quantity Amount Comments Investigative - Law Enforcement Officer Total Personnel 2 $100,000,00 2 $100,000.00 Fringe Quantity Amount Comments Investigative - Law Enforcement Officer Total Fringe 2 $2,1,000.00 2 $24,000.00 Overtime Quantity Amount Comments Investigative - Law Enforcement Officer Total Overtime 2 $18,000.00 2 $18,000.00 Services Quantity Amount Comments Vehicle allowance Total Services 1 S6,000.00 1 $6,600.00 Total Budget ;an:; I ct $148,000.00 3/3/20L6 6:51; La PM 205 of 504 Budget Detail 2016 - SWB HIDTA San Diego Imperial Valley Initiative - Operation Alliance Joint Task Force Award Recipient- San Diego Sheriffs Department (G16SC0001A) Resource Redpient - National City Police Department Input $77,000.00 Personnel Quantity Amount Comments Investigative - Law Enforcement Officer Total Personnel 1 $50,000.00 1 $50,000.00 Fringe Quantity Amount Comments Investigative - Law Enforcement Officer Total Fringe 1 $12,000.00 1 $12,000.00 Overtime Quantity Amount Comments Investigative - Law Enforcement Officer Total Overtime 1 1 $9,000.00 $9,000.00 Services Quantity Amount Comments Vehicle allowance Total Services 1 1 $6,000.00 $6,000.00 Total Page 2of3 $77,000.00 3/3/2016 6:51:18 PM 206 of 504 Budget Detail 2016 - SWB HIDTA San Diego Imperial Valley Initiative - Cross Border Violence Task Force Award Recipient - San Diego Sheriffs Department (G16SC0001A) Resource Recipient - National City Police Department Input $71,000.00 Personnel Quantity Amount Comments Investigative - Law Enforcement Officer Total Personnel 1 1 $50,000.00 $50,000.00 Fringe Quantity Amount Comments Investigative - Law Enforcement Officer Total Fringe 1 $12,000.00 1 $12,000.00 Overtime Quantity Amount Comments Investigative - Law Enforcement Officer Total Overtime 1 1 $9,000.00 $9,000.00 Total Page J of 3 $71,000.00 3/3/2016 6:51:18 PM 207 of 504 3 Total Ad Budgets $148,000,00 Pacie 3 3 3/3/2016 6:51:18 PM 208 of 504 14 CC/CDC-HA Agenda 9/6/2016 — Page 209 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 Michael Baker International, Inc. for a not -to -exceed amount of $900,000 to provide on -call project support services for National City's Capital 209 of 504 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 6, 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 Michael Baker International, Inc. for a not -to -exceed amount of $900,000 to provide on -call project support services for National City's Capital Improvement Program (CIP), including, but not limited to, civil engineering, construction management and inspection services. PREPARED BY Stephen Manganiello, City Engineer PHONE: 619-336-4382 EXPLANATION: See attached. DEPARTMENT: Engineering/Public Works APPROVED BY: FINANCIAL STATEMENT: APPROVED: `1/ ' Finance ACCOUNT NO. APPROVED: MIS Funds are appropriated in various CIP accounts for FY 2017 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt resolution authorizing Mayor to execute Agreement with Michael Baker International, Inc. to provide on - call project support services for National City's Capital Improvement Program (CIP). BOARD 1 COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Agreement 3. Resolution 210 of 504 Explanation: The City's current Capital Improvement Program (CIP) identities over $90 million in capita! needs over the next five years. Projects include corridor enhancements for traffic calming, pedestrian and bicycle safety, and smart growth redevelopment; road diets and complete streets; safe routes to school; traffic signal modifications; street lights; sewer replacement and upsizing; storm drain improvements and implementation of Low -Impact Development (LID) measures for treatment of urban runoff; Americans with Disabilities Act (ADA) enhancements; park amenities; mechanical, electrical, and heating, ventilation, and air conditioning (HVAC) upgrades to City -owned buildings; and site preparation for affordable housing projects including infili transit -oriented development. In order to design, manage and deliver these projects on schedule and within budget, the Department of Engineering & Public Works advertised a Request for Qualifications (RFQ) for various engineering and construction support services on January 27, 2014. Additional services requested via the RFQ include plan and map reviews, preparation of plat & legal descriptions, sewer system management and financial administration, and environmental compliance involving storm water, wastewater, and hazardous materials (HAZMAT). The RFQ was advertised on the City's Website, published in the Daily Transcript, and e-mailed to over 150 professional consultant firms. The Department received approximately 70 Statement of Qualifications (SOQs) from various firms, including Disadvantaged, Small and/or Minority Business Enterprises, by the February 24, 2014 deadline. Staff from the Department of Engineering Public works selected several firms for interviews based on qualifications. Based on the strength of their SOQ and interview, staff recommends executing an agreement with Michael Baker International, Inc. for a not -to -exceed amount of $900,000 to provide on -call project support services for National City's CIP, including, but not limited to, civil engineering, construction management and inspection services. See Exhibit "A" of the attached agreement for general scope of work and Exhibit ' B" for fee schedule. A copy of the SOQ submitted by Michael Baker International is available for review in the Office of the City Engineer. Funding is available in various CIP accounts through previous City Council appropriations. 211 of 504 AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND MICHAEL BAKER INTERNATIONAL, INC. THIS AGREEMENT is entered into on this 6th day of September, 2016, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and MICHAEL BAKER INTERNATIONAL, INC., a corporation (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide provide on -call civil engineering, construction management and inspection services for National City's Capital Improvement Program (CIP). WHEREAS, on January 27, 2014, the Department of Engineering & Public Works advertised a Request for Qualifications (RFQ) for various engineering and construction support services. WHEREAS, on February 24, 2014, the CONSULTANT submitted a Statement of Qualifications (SOQ) in response to the RFQ, consistent with the requirements of the RFQ. WHEREAS, the CITY has determined that the CONSULTANT is a professional engineering firm specializing in civil engineering, construction management and inspection services. WHEREAS, based on evaluation of the CONSULTANT'S SOQ and interview, the CITY has determined that the CONSULTANT 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 on -call project support services for National City's CIP, 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 July 1, 2016 through June 30, 2018. This Agreement may be extended by mutual agreement upon the same terms and conditions for an additional one (1) year term. Any extension of this Agreement must be approved in writing by the City Council. 212 of 504 3, SCOPE OF SERVICES. The CONSULTANT will perform services as set forth in the attached Exhibit "A", including, but not limited to, civil engineering, construction management and inspection services for National City's CEP. The CONSULTANT will be expected to submit proposals for individual task orders in a timely manner, consistent with the general scope of services in Exhibit "A". Task order proposals shall include a detailed scope of work, schedule of deliverables and "not -to - exceed" cost estimate. The Project Coordinator will issue a Notice to Proceed upon approval of each individual task order. After issuance of a Notice to Proceed for each individual task order, the CONSULTANT will only receive compensation for actual work performed, on a time and materials basis, consistent with the detailed scope of work and within the limits of the "not -to - exceed" cost estimate. 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 as needed to keep staff and City Council advised of the progress on the Project. The CITY may unilaterally, or upon request from the CON S ULPANT, 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. Stephen Manganiello, Director of Public Works / City Engineer 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. ANT. Mark Hill, P.E., Senior Project Manager, thereby is designated as the Project Director for the CONSULTANT. 5, COMPENSATION AND PAYMENT. The compensation for the CONSULTANT 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 $900,000. 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 Project Coordinator. 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 thetermof 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 Standard Agreement Revised May 2016 2 City of National City and 'Michael Baker International, Inc. 213 of 504 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 andlor 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 andlor the compensation payable to the CONSULTANT. 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 a-. the, CITY should l.._ documents L. .] 1-... the CITY for project then than uaui11 Ly to W4. L11 I .�l1IV Li1LL ui�. uV�.uments be- used IJJ U14.. CITY 1V1 JUiIM.. �Jt UJL . other UICU1 what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 8. INDEPENDENT CONSULTANT. 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 Standard Agreement 3 City of National City and Revised May 2016 214 of 504 Michael Baker international, Inc. 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, except as herein set forth, and the CONSULTANT or the CONSULTANT'S agents, servants, or employees are not in any mariner 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 amanner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT'S Llade O1 profession c-ar ntly practicing -Binder similar conditions and in similar locations. The CONSTJLTANT 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 Standard Agreement Revised May 2016 4 City of National City and Michael. Baker International, Inc. 215 of 504 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-DISCRIIIINATION PROVISIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The 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 HOLD 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 ail 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' Standard Agreement 5 City of National City and Revised May 2016 216 of 504 Michael Baker International, Inc. compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT'S negligent performance of this Agreement. CITY will cooperate reasonably in the defense of any action, and CONSULTANT 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 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 CONSULTANT 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. 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 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. 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. Standard Agreement 6 City of National City and Revised May 2016 217 of 504 Michael Baker Internaticnai, inc. 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, 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 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 Inspirers (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 Standard Agreement 7 City of National City and Revised May 2016 218 of 504 Michael Baker International, Inc. 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 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: Standard Agreement Revised \fay 2016 8 City of National City and Michael Baker International, Inc. 219 of 504 To CITY: Stephen Manganiello Director of Public Works / City Engineer Engineering & Public Works Department City of National City 1243 National City Boulevard National City, CA 91950-4397 To CONSULTANT: Mark Hill, P.E. Senior Project Manager Michael Baker International 9755 Clairemont Mesa Blvd, Suite 100 San Diego, CA 92124 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 Standard Agreement 9 City of National City and Revised May 2016 220 of 504 Michael Baker International, Inc. as set forth in California Labor Code, including but not limited to, Sections 1720,1720.2, 1720.3, 1720.4, and 1771. Consultant is solely responsible to determine if State prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations. 24. MISCELLANEOUS PROVISIONS. A. Computation of'Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state, or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D, No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. 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 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 Standard Agreement Revised May 2016 10 221 of 504 City of National City and Michael Baker International, Inc. of the City, both the insurance provisions in Section 17 and the indemnification and hold harmless provision of Section 15 of this Agreement. This Agreement prohibits the CONSULTANT from charging the City a fee or "mark-up" for subconsultant services. M. Constniction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Ron Morrison Mayor APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney MICHAEL BAKER obert Schlesinger, P.E. Senior Vice President, Office Executive / Principal Standard Agreement Revised May 2916 11 222 of 504 City of National City ar.d Michael Baker International, Inc. EXHIBIT "A" ■ a z CONSULTING ACompany February 24, 2014 5050 Avenida Encinas, Suite 260 Carlsbad, CA 92008 760.476.9193 FAX 760.476.9198 City of National City Department of Engineering & Public Works 1243 National City Boulevard National City, CA 91950 Attn: Mr. Stephen Manganiello, Director of Public Works/City Engineer Re: Statement of Qualifications to Provide On -Call Project Support Services for National City's Capital Improvement Program (CIP) Dear Mr. Manganiello: RBF Consulting, a company of Michael Baker International (RBF), recognizes that work under the City of National City's (City) On -Call CIP Support Services contract may vary greatly in scope from task to task. We have therefore structured a team that benefits the City by providing the range of appropriate expertise to address any challenge associated with those tasks. RBF's multi -discipline team of professionals offers a skilled and nimble team, and an approach that balances expediency through streamlined project management, accuracy through stringent quality control, and responsiveness through total staff dedication. RBF is committed to building a long-term, mutually -beneficial relationship with the City. We have found that one significant way to substantiate that commitment is to capably serve as extension of staff and as trusted on -call consultants. We are enthusiastic about bringing this specialized expertise to the City, and working cooperatively with your staff to move projects forward quickly. This team has successfully worked together on dozens of on -call task orders, providing consistency and cohesiveness that will lay the groundwork for fluid communication and smooth coordination of task orders. We intend to perform each task with a whole picture perspective, from project planning and design through construction, by convening the multi -discipline expertise of our engineers, environmental professionals, stonnwater specialists, surveyors and construction management professionals. This synergy among these disparate disciplines allows us to refine project scopes, identify potential issues early, and develop creative, cost-effective solutions that save time and mitigate risk. As your designated Project Manager, the City can depend on me to develop a clear understanding of project needs and expectations, effectively convey them to our team members, quickly mobilize appropriate resources, and work closely with our designated personnel to follow through with each task. As a team, and as individuals passionate about our work, we sincerely appreciate the opportunity to provide the City with the high standards of quality, technical competence and responsiveness that will be the catalyst for a successful professional relationship. Our detailed Statement of Qualifications follows and highlights our specific experience performing on public works improvements projects within as -needed services contracts, and our approach to successfully and efficiently delivering each task order assigned. We look forward to presenting our Project Team in person and further demonstrating our commitment to the City of National City. Please do not hesitate to contact me at (760) 603-6243 if you have any questions regarding our submittal or upcoming capital improvement projects. Respectfully submitted, Tim Thiele, P,E., LEED AP, QSD Vice President 1 Senior Project Manager 223 of 504 r C rn,ka.1.` ip rt itir ;ti;ir ,i ioinalt• Capital Improvement Program CONTACT INFORMATION Legal Name and Address of Company: RBF Consulting. a Company of Michael Baker International 9755 Claremont Mesa Blvd San Diego, CA 5050 Avenida Encinas, Suite 260 Carlsbad, CA 92008 Legal Form of Company. Private Corporation Addresses of Offices Working on the Project. 9755 Claremont Mesa Blvd San Diego, CA 5050 Avenida Encinas, Suite 260 Carlsbad, CA 92008 Project Manager/Primary Contact: Tim Thiele, P E , LEED AP 5050 Avenida Encinas, Suite 260 Carlsbad, CA 92008 (760) 603-6243 tthrele@rbf com SERVICES PROVIDED Engineenng • Civil Engineenng • Water Resources Engineering • Hydrology/Hydraulics • Stormwater Management • Traffic Engineering • Structural Engineering • ADA Compliance • Landscape Architecture Planning, Construction and Support Services g, Land Planning • Transportation Planning Environmental Services - Geographic Information Systems Land Surveying • Construction Management • Construction Inspection • Community Outreach TABLE OF CONTENTS Tab 1: Statement of Qualifications Executive Summary & Contact Info1 Team Organization & Key Personnel 3 Experience & Technical Competence 18 Methods Proposed to Accomplish the Work 29 Financial fvlanagement & Accounting System 34 Disadvantaged Business Enterprise 35 Exceptions to this Request for Qualifications 36 Addenda to this Request for Qualifications 36 EXECUTIVE SUMMARY & CONTACT INFO The City of National City (City) is committed to pro -actively assembling resources to facilitate the expeditious delivery of public infrastructure and facility improvement projects related to its Capital Improvement Program (CIP), The RBF Consulting (RBF) Team is committed to providing an elevated level of expediency and value in the delivery of these projects. We have specifically tailored our On -Call CIP Support Services Team with these primary goats in mind, The City benefits from the synergy between RBF's civil, public works and traffic engineering, stormwater, environmental, surveying and construction management divisions, which enables our staff to seamlessly function as an extension of City staff and provides maximum flexibility in responding to disparate and shifting needs. The depth of expert resources that comprise this team allows us to commit appropriately qualified staff to manage multiple simultaneous task orders of any size, Our task managers, together with our complete technical support team offer the expertise and capabilities requirod to fully take charge of critical projects. Comprehensive Services Meet As -needed Contract Objectives RBF is very familiar with as -needed consulting service contracts. Combined, this team has performed virtually every available service on literally hundreds of task orders for municipalities, institutions, water and sanitation districts and government agencies. We understand the importance of optimizing these contracts through dedicated multi -discipline resources to meet budget and schedule goals. As -needed contracts such as this require effective coordination of multiple services, often simultaneously, and completion of assignments within abbreviated schedules. The RBF Team's in-house suite of professional services aligns well with the potentially broad scope of tasks under this contract, and we have structured our team to provide dedicated Task Managers for each discipline. Those Task Managers will in turn be supported by available skilled personnel, assigned to task orders based on project complexity and appropriate level of experience. The services for which we are prepared to provide exceptional service include: ❖ Civil Engineering (Streets, Sewer, Storm Drain, ADA Design) Proposal I February 24 1 B 17 NSU4��NI 224 of 504 LJrt.-1"xr.Y3:f�ror National City _ capita I knprocreinenfErrIgram RBF Selected As -needed Contract Experience: City of Carlsbad — Master Agreement Consulting Services (C,v.`:,Traffic and Stormwater Quaay Engineering) • City of Del Mai — City Engineer and Ttafhc Engineer/As-needed Engineering Services City of Coronado — Or. -cal[ Civil Engineering and Plan Checking • City of San Diego Water Department -Civil Engineering, Water Quality & Recycled Water • City of San Diego MWWD - As - Needed Sewer CCTV Inspection and Hydraulic Analysis City of San Diego — On -Call Stormwater Management Services County of San Diego - Civil Engineering & Water Quality c' Civic San Diego — As -needed Civil Engineering and Construction Management • City of Carlsbad — On -call Plan Checking • City of Oceanside — As -needed Traffic Engineering e City of Encinitas — On -call Civil Engineering ▪ Port of San Diego — On -call Civil Engineenng • San Diego State University — Appointed Campus Civil Engineer Cal State San Marcos —Campus Civil Engineer o San Diego County Watershed Protection Program — As -deeded Stormwater Management U S Navy — $20M Large Civil Erg:neenng IDIQ • County of San Diego — As - needed Landscape Aichitecture N ❖ Water/Wastewater Design ❖ Traffic Engineering and Transportation Planning (Signal Communication and Integration, Data Collection, Mobility Studies, Active Transportation) Land Surveying & G!S (Field Survey, Mapping, Easements, Plats & Legals, Database) Environmental Planning and Design (CEQA, NEPA, Studies Coordination) Environmental Compliance (Wastewater, FOG, HazMat, Regulatory Coordination) Hydrology/Hydraulics and Stormwater Quality (Modeling, SUSMP, WQTR, SWPPP, LID) Project Management Construction Management and Inspection (Controls, Scheduling, Cost Estimating, Constructabiiity Review, Certified Payroll) Plan Review and Map Checking .;. .;. • • Our team is large and diverse enough to respond to any task order or critical issue, but also flexible enough to quickly adjust to changing priorities or needs. It can address any issue that might arise during the course of the contract term, allowing the City to have all of its resources available within our single, integrated team. Streamlined Task Order Management Approach Mobilizing appropriate staff quickly is essential to the smooth commencement and progress of assigned task orders. This requires a balanced management approach that emphasizes streamlined communication and quality control. To ensure fluid communication between the City and the Team, Tim Thiele: P.E., LEED AP, QSD, will act as Project Manager and serve as the Team's primary point of contact to the City. Tim will evaluate each task order and, together with the City, identify the appropriate personnel for each assignment. Tim will then work closely with our proposed service area Task Managers (identified on our organizational Chart), who will manage individual assignments, clearly communicate assignments to their respective teams, and coordinate the flow of work from desk to desk, discipline to discipline, through delivery. Task Managers will be responsible for project oversight, budget and schedule monitoring, and overall product quality. Throughout each assignment, Task managers will work directly with Tim to implement our in- house Quality Assurance/Quality Control Program. This process emphasizes quality control as a continuous process used at milestones and on a daily basis as work proceeds throughout each assignment. By assigning control of the QA/QC process to a collaborative effort between Project and Task Manager, we ensure each element of each task order is held to a consistent and singularly high standard. In collaboration with the City, Tim and the Team will efficiently move the process from initial kickoff meeting through quick studies and scope refinement, and into design. We will employ brainstorming, peer review and QA/QC throughout and always keep the City's interests and objectives in mind. A detailed Approach is included in the 'Methods Proposed to Accomplish the Work" section of this Statement of Qualifications, a 9 LOwsUL.1NG Proposal 1 February 24 2 225 of 504 Exhibit B Michael Baker INTERNATIONAL HOURLY RATE SCHEDULE Effective July 2015 through July 2017 OFFICE PERSONNEL $I Hr. Principal 250.00 Senior Project Manager 200.00 Project Manager 195.00 Structural Engineer 250.00 Technical Manager 185.00 Electrical Engineer 168.00 Landscape Architect 154.00 Senior GIS Analyst 154.00 Project Engineer 152.00 Project Planner 152.00 Survey Crew Support Manager 149.00 Environmental Specialist 142.00 Design Engineer/Senior Designer/Mapper 139.00 GIS Analyst 122.00 Designer/Planner 122.00 Project Coordinator 113.00 Graphic Artist 100.00 Environmental Analyst/Staff Planner 100.00 Design Technician 100.00 Assistant Engineer/Planner 96.00 Permit Processor 85.00 Office Support/ Clerical 60.00 SURVEY PERSONNEL 2-Person Survey Crew $250.00 1-Person Survey Crew 165.00 Licensed Surveyor 185.00 Field Supervisor 175 00 CONSTRUCTION MANAGEMENT PERSONNEL Principal Construction Manager $220.00 Construction Manager.. 195.00 Contract Manager 170.00 Resident Engineer 165.00 Construction Inspector (Prevailing Wage) 140.00 Construction Inspector (Non -Prevailing Wage) 120.00 Field Office Engineer 115.00 Construction Technician 97.00 Note: Blueprinting, reproduction, messenger service and other direct expenses will be charged as other direct costs. Vehicle mileage will be charged as other direct cost at the IRS approved rate. 226 of 504 INSURANCE CERTS <PLACEHOLDER> 227 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 228 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 Manager to execute a bank -depositor agreement, facsimile signature agreement, and contract for deposit of moneys with Citizens Business Bank to establish a trust account with 228 of 504 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 6, 2016 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the City Manager to execute a bank -depositor agreement, facsimile signature agreement, and contract for deposit of moneys with Citizens Business Bank to establish a trust account with AdminSure, Inc as the third party administrator for the City's Workers' Compensation Claims. PREPARED BY: Javier Carcamo, Financial Services Officer DEPARTMENT: Finance PHONE: 619-336-4331 APPROVED BY: Ld�*/ar ,Q EXPLANATION: On June 21, 2016, the City Council of the City of National City approved an agreement with AdminSure, Inc. to provide comprehensive Workers' Compensation claims administration services for a period of two years with an option to extend the agreement for up to three (3) additional years. As stipulated in the agreement, the City shall establish and maintain a checking account from which all Workers' Compensation benefits and expenses are to be paid and the third party administrator shall prepare checks and issue those checks directly to the claimants. Therefore, staff hereby recommends that the City Council authorize the City Manager to execute the bank -depositor agreement, facsimile signature agreement, and contract for deposit of moneys with Citizens Business Bank for the establishment of a trust account with AdminSure, Inc. FINANCIAL STATEMENT: ACCOUNT NO. No financial impact APPROVED: `f/G� Finance APPROVED: ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: MIS STAFF RECOMMENDATION: Adopt the resolution authorizing the City Manager to execute the various bank account documents with Citizens Business Bank to establish a trust account with AdminSure, Inc. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. New Bank Account Documents 2. Resolution 229 of 504 C� CITIZENS BUSINESS BANK BANK -DEPOSITOR AGREEMENT TO: Citizens Business Bank Port No. ❑ County 0 State of California O City 0 Other: By signing this agreement, I open an account(s) with you for THE CITY OF NATIONAL CITY (Name of Public Agency) I understand that you will handle its deposits according to your arrangements for services of this type and according to a Contract for Deposit of Money between us on dated 8119/2016 You will inform me of any changes in these services that affect this depositor's rights and obligations. You may: Endorse checks for this public entity which you receive for deposit. I certify that • I am legally charged with receipt and safekeeping of funds into the Treasury of this public entity and am authorized to establish deposit accounts with you. • For time deposit accounts, I am authorized to establish one or more accounts now and other accounts later under this agreement. • I and the following official deputies are authorized to deposit and withdraw funds from each account established under this agreement • You received and agree that the Public Agency accounts will be govemed by Citizens Business Bank's Bank Disclosure Information and Bank Product and Service Information. NAME (Print or Type) TITLE (Print or Type) 1. GARY LEE PRESIDENT 2. ALITHIA VARGAS-FLORES VICE PRESIDENT 3. LESLIE DEESE CITY MANAGER 4. MARK ROBERTS DIRECTOR OF FINANCE This authority shall remain in force until you receive a sealed revocation notice from the Legislative Body of this public entity or from me. I also certify under penalty or perjury that the number shown on this form is the Public Agency's correct taxpayer identification number. SIGNER OF CONTRACT NAME AND SIGNATURE LESLIE DEESE ACCOUNT INFORMATIONCLASS CODE RESP. CODE APRV. BY OPENED DATE CLOSED CLOSING REASON/ CODE CCSTOMERS) AUTHORIZATION TO ADD NEW ACCOUNT TYPE ACCOUNT n DATE BY DDA 237142004 CLOSED ACCOUNTS INACTIVE ACCOUNTS DATE ACCOUNT NO. REASON DATE ACCOUNT NO REASON Contract for Deposited Moneys? BUSINESS ACCOUNTS - Documentation Reviewed? Dated 8/19/2016 Facsimile Signature? Funds Transfer Signature Form Reviewed? Service Provider Agreement? OFAC Verification X❑ ChexSystems x❑ Yes x❑ Yes E Yes ❑ Yes ❑ Yes ❑ No C No • No ❑ No i=7 No CORPORATE ADDRESS 1243 NATIONAL CITY BLVD TELEPHONE NO 619-336-7330 CITY, STATE. ZIP NATIONAL CITY CA 92028 ACCOUNT NO 237142004 MAILING ADDRESS 1243 NATIONAL CITY BLVD NATIONAL CITY CA 92028 n HOLD STATEMENT ACCOUNT NO MAILING ADDRESS HOLD STATEMENT DATE CARD RECEIVED Tax I.D. No. 95-6000749 230 of 504 ACCOUNT NAME (PUBLIC ENTITY) THE CITY OF NATIONAL CITY ACCOUNT NUMBER 237142004 You may pay out funds with any 2 (number) of the signatures below. Each person signing below agrees the Taxpayer identification number (Tax 1.0. No.), shown to the right of their name and title is their correct Tax identification number, and that he/she is not subject to backup withholding either because he/she have not been notified that he/she am subject to backup withholding as a result of a failure to report all interest or dividends, or the Internal Revenue Service has notified he/she that he/she no longer subject to backup withholding AUTHORIZED SIGNATURE(S) 1. SIGNATURE NAME/TITLE Date GARY LEE PRESIDENT SOCIAL SECURITY NO. IDENTIFICATION 564-98-4473 DL E0570111 2. SIGNATURE NAME/TITLE ALITHIA VARGAS-FLORES V. PRESIDENT Date SOCIAL SECURITY NO. 563-95-5321 IDENTIFICATION DL A9950553 3. SIGNATURE NAME/TITLE LESLIE DEESE CITY MNGR. Date SOCIAL SECURITY NO. IDENTIFICATION 4. SIGNATURE NAME/TITLE MARK ROBERTS SOCIAL SECURITY NO. Date DIRECTOR IDENTIFICATION SPECIAL INSTRUCTIONS 231 of 504 Port Number: CITIZENS BUSINESS BANK CONTRACT FOR DEPOSIT OF MONEYS This CONTRACT FOR DEPOSIT OF MONEYS (this "Contract"), relating to the deposit of moneys. made as of the 19 day of August , 20 16 , between (hereinafter designated "Depositor") Leslie Deese acting in his/her official capacity as City Manager ("Treasurer," "Finance Director," etc.) of City of National City (Hereinafter designated "Depositor"), and Citizens Business Bank (hereinafter designated "Depository"). WITNESSETH: WHEREAS, the Depositor proposes to deposit with the Depository from time to time, moneys in his/her custody in an aggregate amount on deposit at any one time not to exceed the total shareholder's equity of the Depository, and said moneys will be deposited subject to Title 5. Division 2, Part 1, Chapter 4, Article 2 (commencing with Section 53630) of the Government Code of the State of California ( the "Local Agency Deposit Security Law"); and WHEREAS, said provisions of the Government Code require the Depositor to enter into a contract with the Depository setting forth the conditions upon which said moneys are deposited; and WHEREAS, in the judgment of the Depositor, this Contract is to the public advantage; NOW, THEREFORE, it is agreed between the parties hereto as follows: 1. This Contract cancels and supersedes any previous contracts between the Depositor and the Depository relating to the method of handling and collateralization of deposits of moneys. 2. This Contract, but not deposits then held hereunder, shall be subject to termination by the Depositor or the Depository at any time upon 30 days' written notice. Deposits may be withdrawn in accordance with the agreement of the parties and applicable federal and state statutes, rules and regulations. This Contract is subject to modification or termination upon enactment of any statute, rule or regulation, state or federal, which, in the opinion of the Administrator of Local Agency Security, is inconsistent herewith, including any change relative to the payment of interest upon moneys so deposited by the Depositor. 3. Interest shall accrue on any moneys so deposited as permitted by any act of the Congress of the United States or by any rule or regulation of any department or agency of the Federal Government adopted pursuant thereto. If interest may legally be paid, all moneys deposited in accordance with this Contract shall bear interest at a rate agreed upon by the Depositor and the Depository. Revision Date: 7/18/2014 232 of 504 4. The Depository shall issue to the Depositor at the time of each inactive deposit a receipt on a form agreed to by the Depository and the Depositor, stating the interest to be paid, if any, the duration of the deposit, the frequency of interest payments, and the terms of withdrawal. Each such deposit receipt is by reference made a part of this Contract. 5. As security for said deposit, the Depository shall at all times maintain with the Agent of Depository named herein, commencing forthwith, eligible securities having a market value at least 10% in excess of the actual total amount of local agency moneys on deposit with the Depository. If any eligible security is determined by the Administrator of Local Agency Security of the State of California in accordance with Government Code Section 53661 to be not qualified to secure public deposits, additional security shall be substituted immediately by the Depository, as necessary, to comply with the requirements of this Paragraph. 6. Eligible securities are those listed in Government Code Section 53651. 7. The Agent of Depository, authorized by the Depositor and the Depository to hold the eligible securities posted as collateral under this Contract is Bank of New York Mellon. Said Agent of Depository has filed with the Administrator of Local Agency Security of the State of California an agreement to comply in all respects with the provisions of Title 5, Division 2, Part 1, Chapter 4, Article 2 (commencing with Section 53630) of the Government Code. 8. Authority for placement of securities for safekeeping in accordance with Government Code Section 53659 is hereby granted to the Agent of Depository, including placement with any Federal Reserve Banks or branches thereof. 9. If the Depository fails to pay all or part of any deposits of the Depositor which are subject to this Contract when ordered to do so in accordance with the terms of withdrawal set forth on the applicable deposit receipt, the Depositor will immediately notify, in writing, the Administrator of Local Agency Security. Action of the Administrator in converting the collateral required by Paragraph 5 above for the benefit of the Treasurer is governed by Government Code Section 53665. 10. The Depository may add, substitute or withdraw eligible securities being used as security for deposits made hereunder in accordance with Government Code Section 53654, provided the requirements of Paragraph 5 above are met. 1 1. The Depository shall have and hereby reserves the right to collect the interest on the securities, except in cases where the securities are liable to sale or are sold or converted in accordance with the provisions of Government Code Section 53665. 12. The Depository shall bear and pay the expenses of transportation to and from the Treasurer's office of moneys so deposited and the expense of transportation of eligible securities maintained as collateral to and from the designated Agent of Depository. 13. This Contract, the parties hereto, and all deposits governed by this Contract shall be subject in all respects to Title 5, Division 2, Part I, Chapter 4, Article 2 (commencing with Section 53630) of the Government Code, and of all other state and federal laws, statutes, rules and regulations applicable to such deposits, whether now in force or hereafter enacted or promulgated, all of which are by this reference made a part hereof. IN WITNESS WHEREOF, the Depositor in his/her official capacity has signed this Contract. Depository has caused this Contract to be executed by its duly authorized officer. Revision Dale: 7/18/2014 233 of 504 DEPOSITOR: DEPOSITORY: City of National City Name of Depositor Signature Leslie Deese Citizens Business Bank Signature Printed Name Printed Name City Manager Title Title Date Date Revision Date: 7/1 8/2014 234 of 504 CITIZENS BUSINESS BANK WAIVER AGREEMENT This Waiver Agreement relating to the deposit of moneys made as of the 19 August , 20 16 , between City of National City Depositor) and Citizens Business Bank (Depository). WITNESSETH: day of WHEREAS, Depositor has executed a Contract for Deposit of Moneys (the "Contract") with Citizens Business Bank. WHEREAS, the Contract requires Citizens Business Bank to maintain eligible securities having a market value of at least 10% in excess of the actual deposit of moneys. WHEREAS, the Federal Deposit Insurance Corporation (FDIC) insures against loss up to the maximum insured amount for depositors of Citizens Business Bank. NOW, THEREFORE, it is agreed between the parties hereto as follows: Depositor agrees to waive the provisions of section 5 of the Contract, including the requirement that Depository collateralize Depositor's deposits with eligible securities, and Depositor agrees to waive the provisions of applicable law and regulation requiring the collateralization of Depositor's deposits, but only to the extent that Depositor's deposits are then insured by the FDIC. Accordingly, Depositor agrees that Depository must, at any particular time, collateralize in accord with the Contract only the portion of Depositor's Deposits that are not then insured by the FDIC. IN WITNESS WHEREOF, the Depositor has signed this Waiver Agreement and the Depository has caused the Agreement to be executed by its duly authorized officer. DEPOSITOR: DEPOSITORY: City of National City Citizens Business Bank Name of Depositor Signature Leslie Deese Signature Printed Name Printed Name City Manager Title Title Date Date Revision Date: 7/18/2014 235 of 504 CITIZENS BUSINESS BANK FACSIMILE SIGNATURE AGREEMENT City of National City Customer/Account Name Account Number (s) Citizens Business Bank ("Bank") and the Customer named above agree as follows: 1. Bank may honor checks or drafts for the payment of money drawn on Customer's above described accounts when the items bear or appear to bear the facsimile signature of any of the following persons: Print Name Gary Lee Signature Facsimile Pi: is Name Alithia Vargas -Flores Signature Facsimile Prix: Name Signature Facsimile 2. Bank may honor and charge Customer for such items, regardless of by whom or by what means the actual or purported facsimile signature has been made, provided the facsimile signature resembles the signature, or the facsimile specimen, which Customer has filed with Bank. 3. All previous authorizations for the signing and honoring of checks, drafts or other orders for the payment of money drawn on Bank by Customer are continued in full force and effect. 4. Customer agrees to hold Bank harmless and indemnity Bank from and against any and all loss, cost, expense, including reasonable attorney's fees, resulting from Bank acting upon such authorization which Bank reasonably believes to have come from the customer. 5. Bank may terminate this agreement at any time with or without cause or prior notice. Dated: By: Authorized Signature Title: CORPORATE CERTIFICATION I certify that: * I am the Secretary or Assistant Secretary of the Corporation named above; * 1 hereby certify that the following resolution is a complete and accurate copy of a resolution duly adopted by the Corporation's Board of Directors: "RESOLVED: The President, any Vice President, the Secretary, or Treasurer of this Corporation is authorized to enter into Facsimile Signature Agreements with Citizens Business Bank on behalf of this Corporation. FURTHER RESOLVED: This authorization is in addition to any other authorizations in effect and shall remain in effect until Citizens Business Bank receives written notice of its revocation at each office where this Corporation's accounts are maintained." * The resolution is now in full force and has not been revoked or changed in any way. DATED: SIGNATURE OF SECRETARY OR ASSISTANT SECRETARY See page two for Authorization by Partnership, LLC, Lodge, Society, Unincorporated Association or Public Entity AG-005D 01/05/2005 236 of 504 1 AUTHORIZATION By Partnership, Limited Liability Company, Lodge, Society, or Unincorporated Association By signing below, you certify and agree that: I. If Customer is a partnership, the persons signing below as partners constitute all of the general partners of the partnership, and authorize the person signing on page one to enter into Facsimile Signature Agreements with Citizens Business Bank. If the Customer is a limited liability company, lodge, society or unincorporated association, the persons signing below are members or officers of Customer and are authorized to enter into Facsimile Signature Agreements with Citizens Business Bank. 3. This Authorization is in addition to any other authorization in effect and shall remain in effect until Citizens Business Bank receives written notice of its revocation at each office where Customer's accounts are maintained. Date: By: By: PARTNER, MEMBER OR OFFICER PARTNER, MEMBER OR OFFICER By: By: PARTNER, MEMBER OR OFFICER PARTNER, MEMBER OR OFFICER Bv: PARTNER, MEMBER OR OFFICER By: PARTNER, MEMBER OR OFFICER AUTHORIZATION By Public Agency By signing below, you certify and agree that: 1. The persons signing below are authorized officials of City of National City and authorize the Name of Public Agency person signing on page one to enter into a Facsimile Signature Agreement with Citizens Business Bank. 2. This Authorization is in addition to any other authorization in effect and shall remain in force until Citizens Business Bank receives a written notice of its revocation at each location where the accounts are maintained from the Legislative Body of this public agency. Date: By: By: Title: Title: AG-005D 01/05/2005 237 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 238 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City awarding and authorizing the Mayor to execute agreements for Towing and Impound Services with the top two -ranked providers: A to Z Enterprises, Inc., DBA Road One Towing and Alexandra Investment 238 of 504 DST 105861 CC/CDC-HA Agenda 9/6/2016 — Page 239 239 of 504 DST 105862 CC/CDC-HA Agenda 9/6/2016 — Page 240 240 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 241 241 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 242 242 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 243 243 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 244 244 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 245 245 of 504 DST 105864 CC/CDC-HA Agenda 9/6/2016 — Page 246 246 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 247 247 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 248 248 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 249 249 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 250 250 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 251 251 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 252 252 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 253 253 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 254 254 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 255 255 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 256 256 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 257 257 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 258 258 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 259 259 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 260 260 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 261 261 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 262 262 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 263 263 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 264 264 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 265 265 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 266 266 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 267 267 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 268 268 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 269 269 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 270 270 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 271 271 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 272 272 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 273 273 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 274 274 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 275 275 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 276 276 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 277 277 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 278 278 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 279 279 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 280 280 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 281 281 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 282 282 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 283 283 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 284 284 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 285 285 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 286 286 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 287 287 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 288 288 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 289 289 of 504 DST 105865 CC/CDC-HA Agenda 9/6/2016 — Page 290 290 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 291 291 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 292 292 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 293 293 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 294 294 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 295 295 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 296 296 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 297 297 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 298 298 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 299 299 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 300 300 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 301 301 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 302 302 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 303 303 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 304 304 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 305 305 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 306 306 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 307 307 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 308 308 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 309 309 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 310 310 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 311 311 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 312 312 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 313 313 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 314 314 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 315 315 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 316 316 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 317 317 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 318 318 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 319 319 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 320 320 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 321 321 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 322 322 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 323 323 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 324 324 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 325 325 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 326 326 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 327 327 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 328 328 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 329 329 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 330 330 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 331 331 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 332 332 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 333 333 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 334 334 of 504 DST 105866 CC/CDC-HA Agenda 9/6/2016 — Page 335 335 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 336 336 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 337 337 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 338 338 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 339 339 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 340 340 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 341 341 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 342 342 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 343 343 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 344 344 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 345 345 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 346 346 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 347 347 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 348 348 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 349 349 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 350 350 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 351 351 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 352 352 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 353 353 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 354 354 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 355 355 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 356 356 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 357 357 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 358 358 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 359 359 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 360 360 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 361 361 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 362 362 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 363 363 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 364 364 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 365 365 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 366 366 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 367 367 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 368 368 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 369 369 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 370 370 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 371 371 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 372 372 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 373 373 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 374 374 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 375 375 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 376 376 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 377 377 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 378 378 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 379 379 of 504 DST 105867 CC/CDC-HA Agenda 9/6/2016 — Page 380 380 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 381 381 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 382 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City adopting an amended Conflict of Interest Code which incorporates by reference the Fair Political Practices Commission's Standard Model Conflict of Interest Code, and rescinding Resolution No. 201 382 of 504 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 6, 2016 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City adopting an amended Conflict of Interest Code which incorporates by reference the Fair Political Practices Commission's Standard Model Conflict of Interest Code, and rescinding Resolution No. 2012-192. (City Attorney) PREPARED BY: Claudia G. Silva PHONE: Ext. 4222 EXPLANATION: Please see attached. DEPARTMENT: APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: STAFF RECOMMENDATION: Adopt resolution FINAL ADOPTION: APPROVED: APPROVED: Finance MIS BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Staff report 383 of 504 Mayor Ron Morrison Council Members Jerry Cano Alejandro Sotelo-Solis Mona Rios Albert Mendivil CALIFORNIA `OVAL cir `� Senior Assistant City Attorney iNconpoRATED —�1 Nicole Pedone Office of the City Attorney TO: Mayor and City Council FROM: City Attorney SUBJECT: Proposed Amendment of Conflict of Interest Code City Attorney Claudia Gacitua Silva Deputy City Attorney Robby Contreras DATE: September 6, 2016 The Basic Conflict of Interest Rule The basic rule for conflicts of interest is set forth in Section 87100 of the Political Reform Act, California Government Code Section 87100, et seq. (the "Act"), as follows: No public official at any level of state or local government shall make, participate in making or in any way attempt to use his official position to influence a governmental decision in which he knows or has reason to know he has a financial interest. In this context, "public official" means every member, officer, employee, or consultant of a state or local government agency (Section 82048). The City's Conflict of Interest Code The Political Reform Act requires various city officials to file an annual Statement of Economic Interests ("SEI"). Those required to file statements are divided into two groups — those required to file under Government Code Section 87200 (mayors, council members, planning commissioners, city managers, city attorneys, and those who manage public investments), and those required to file under Government Code Section 87300. The reporting requirements of the Section 87200 filers are established by state law. The reporting requirements of the Section 87300 filers are established by conflict of interest codes adopted by each city. The conflict of interest code contains a list of "designated positions" which are subject to the code. The individuals who occupy those positions are required to file a SEI. What information those individuals must report on their SEI is also identified in the code under "disclosure categories." The categories of financial interests that must potentially be disclosed are: investments, interests in real property (except a personal residence), sources of income including gifts, and business positions. Whether all or only some of these interests must be reported, and to what extent they must be reported, is determined on a case -by -case basis. 1243 National City Boulevard; Nationa City, California 91950-4397 Tel.: (619) 336.4220 Fax (619) 336.4327 384 of 504 The criteria for determining whether an officer, employee, board member, or consultant should file a statement of economic interests under a conflict of interest code are set forth in Section 18704 of Title 2 of the California Code of Regulations. (Title 2 of the California Code of Regulations ["CCR"] are the administrative regulations adopted by the FPPC to implement the Political Reform Act). Essentially, if in carrying out the duties of their position, the individual is involved in making, participating in the making, or using or attempting to use his/her official position to influence a governmental decision that he/she knows or has reason to know he/she has a disqualifying conflict of interest, then the individual is subject to the reporting requirement. In adopting a conflict of interest code, the City Council makes the factual determination as to whether these criteria are present, thus requiring inclusion of a classification in the code. The CCR contains certain sections which provide some guidance to the City Council in making this determination. Section 18704 (a) — Making a Decision: "A public official makes a governmental decision if the official authorizes or directs any action, votes, appoints a person, obligates or commits his or her agency to any course of action, or enters into any contractual agreement on behalf of his or her agency." Section 18704(b) — Participating in a Decision: "A public official participates in a governmental decision if the official provides information, an opinion, or a recommendation for the purpose of affecting the decision without significant intervening substantive review." Section 18704(c) — Using Official Position to Attempt to Influence a Decision: "A public official uses his or her official position to influence a governmental decision if he or she: (1) Contacts or appears before any official in his or her agency or in an agency subject to the authority or budgetary control of his or her agency for the purpose of affecting a decision; or (2) Contacts or appears before any official in any other government agency for the purpose of affecting a decision, and the public official acts or purports to act within his or her authority or on behalf of his or her agency in making the contact. Section 18704(d) enumerates the exceptions which are not considered "making or participating in, or influencing a governmental decision," summarized as follows: (1) Public Official actions which are solely ministerial, secretarial, or clerical. (2) Appearances by a public official as a member of the general public before an agency in the course of its prescribed governmental function on matters related solely to the public official's interests, including real property and business interests. (3) Actions by public officials relating to their compensation or the terms or conditions of their employment or consulting contracts. (However, an official may not make a decision to appoint, hire, fire, promote, demote, or suspend without pay or take disciplinary action with financial sanction against the official or his or her immediate family, or set Conflict of Interest Code September 6, 2016 Proposed 2016 Amendment 385 of 504 a salary for the official or his or her immediate family different from salaries paid to other employees of the government agency in the same job classification or position.) (4) Communications by a public official to the general public or media. (5) Teaching decisions and decisions related to higher education academic or research responsibilities by public officials. (6) Preparing drawings or submissions of an architectural, engineering or similar nature (which work is pursuant to the official's profession) to be used by a client in connection with a proceeding before any agency (and the official contacts only the staff concerning the process or evaluation of the documents). (7) Appearing before a design or architectural review committee or similar body (whose sole function is to review architectural designs or engineering plans and to make recommendations to a planning commission or other agency) of which the official is a member (and the committee is required by law to include architects, engineers or persons in related professions, and the official was appointed to the body to fulfill this requirement) to present drawings or submissions of an architectural, engineering or similar nature which the official (who is a sole practitioner) has prepared for a client. (8) Recommendations by a consultant regarding additional services for which the consultant or consultant's employer would receive additional income if the agency has already contracted with the consultant, for an agreed upon price, to make recommendations concerning services of the type offered by the consultant or consultant's employer and the consultant does not have any other economic interest, other than in the firm, that would be foreseeably and materially affected by the decision. Disclosure Categories under the Conflict of Interest Code The types of financial interests which must be reported under the Conflict of Interest Code are known as "Disclosure Categories". The following are seven potential Disclosure Categories: CATEGORY 1: Investments and sources of income. CATEGORY 2: Interests in real property. CATEGORY 3: Investments, interests in real property, and sources of income subject to the regulatory, permit, or licensing authority of the department. 3 Conflict of interest Code September 6, 2016 Proposed 2016 Amendment 386 of 504 CATEGORY 4: Investments in business entities and sources of income that engage in land development, construction, or the acquisition or sale of real property. CATEGORY 5: Investments in business entities and sources of income of the type which, within the past 12 months or calendar year, whichever is applicable, have contracted with the City of National City or the Community Development Commission of the City of National City to provide services, supplies, materials, machinery, or equipment. CATEGORY 6: Investments in business entities and sources of income of the type which, within the past 12 months or calendar year, whichever is applicable, have contracted with the person's department to provide services, supplies, materials, machinery, or equipment. CATEGORY 7: Business positions. Section 18730 of the CCR, which is incorporated in the City's Conflict of Interest Code, describes the information that is required to be reported on the SEI under the Disclosure Categories as follows: 1. Investment and Real Property Disclosure. When an investment or an interest in real property is required to be reported; the statement shall contain the following: a) A statement of the nature of the investment or interest. b) The name of the business entity in. which each investment is held, and a general description of the business activity in which the business entity is engaged. c) The address or other precise location of the property. d) A statement whether the fair market value of the investment or interest in real property equals or exceeds two thousand dollars ($2,000), exceeds ten thousand dollars ($10,000), exceeds one hundred thousand dollars ($100,000), or exceeds one million dollars ($1,000,000). 2. Personal Income Disclosure. When personal income is required to be reported, the statement shall contain: a) The name and address of each source of income aggregating five hundred dollars ($500) or more in. value, or fifty dollars ($50) or more in value if the income was a gift, and a general description of the business activity, if any, of each source. 4 Conflict of Interest Code September 6, 2016 Proposed 2016 Amendment 387 of 504 b) A statement of whether the aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source, was one thousand dollars ($1,000) or less, greater than one thousand dollars ($1,000), greater than ten thousand dollars ($10,000), or greater than one hundred thousand dollars ($100,000). c) A description of the consideration, if any, for which the income was received. d) In the case of a gift, the name, address, and business activity of the donor and any intermediary through which the gift was made, a description of the gift, the amount or value of the gift, and the date on which the gift was receive. e) In the case of a loan, the annual interest rate and the security, if any, given for the loan and the term of the loan. 3. Business Entity Income Disclosure, When income of a business entity, including income of a sole proprietorship, is required to be reported, the statement shall contain: a) The name, address, and a general description of the business activity of the business entity. b) The name of every person from whom the business entity received payments if the filer's pro rata share of gross receipts from such person was equal to or greater than ten thousand dollars ($10,000). 4. Business Position Disclosure. When business positions are required to be reported, a designated employee shall list the name and address of each business entity in which he or she is a director, officer, partner, trustee, employee, or in which he or she holds any position of management, a description of the business activity in which the business entity is engaged, and the designated employee's position with the entity. Requirement to Review/Amend Conflict of Interest Code Section 87306.5 of the Act requires that no later than October 1 of each even -numbered year, the code reviewing body (the City Council is the "code reviewing body" for all agencies in the City, including the CDC) shall cause a review of its conflict of interest code to occur, and for the code to be amended if necessitated by changed circumstances. The City Council last amended the City's Conflict of Interest Code on September 18, 2012, pursuant to Resolution No. 2012-192. At that time, the following positions were added: Chairman and Members of the Successor Agency to the Community Development Commission as the National City Redevelopment Agency; Director of Administrative Services; Successor Agency Attorney; and, Executive Director of the Successor Agency. At the present time, it is my 5 Conflict of Interest Code September 6, 2016 Proposed 2016 Amendment 388 of 504 recommendation that the Code be amended to reflect changes in various designated positions in City Staff as follows: Added Positions • Deputy City Manager • Director of Neighborhood Services • Director of Housing, Grants & Asset Management • Senior Code Conformance Officer The revisions proposed above are necessitated due to changes in job titles and changes in job duties. The proposed revisions would also add positions to the list of those who must file a SEI. It is recommended that these positions be added because they meet the criteria for the required filing of a SEI set forth in the California Government Code and in the California Code of Regulations. Conflict of Interest Code September 6, 2016 Proposed 2016 Amendment 6 389 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 390 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City consenting to the inclusion of properties with the territory of the City of National City in the CSCDA Open Pace Programs; authorizing the California Statewide Communities Development Authority t 390 of 504 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 6, 2016 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City consenting to the inclusion of properties with the territory of the City of National City in the CSCDA Open Pace Programs; authorizing the California Statewide Communities Development Authority to accept applications from property owners, conduct contractual assessment proceedings and levy contractual assessments within the territory of the City of National City; and authorizing related actions. PREPARED BY: Carlos Aguirre Community Development Manager PHONE: 619 336-4391 EXPLANATION: Please see Attachment No. 1 DEPARTMENT: Housing & Economic Development Dept. APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. N/A APPROVED: APPROVED: Finance MIS ENVIRONMENTAL REVIEW: This activity is not a project as defined in Section 57378 of the California Code of Regulations. Therefore, no action is required under the California Environmental Quality Act. ORDINANCE: INTRODUCTION: I I FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Background Report 2. Indemnification and Insurance Agreement 3. Resolution 391 of 504 Attachment No. 1 BACKGROUND CSCDA Open PACE Program CSCDA,1 the largest Joint Powers Authority in California, founded and sponsored by the League of California Cities and CSAC, is implementing Property Assessed Clean Energy ("PACE") under the provisions of Chapter 29 of Division 7 of the Streets & Highways Code (commonly referred to as "AB 811") on behalf of its member counties and cities. AB811 authorizes a legislative body to designate an area within which authorized public officials (including a joint powers authority like CSCDA) and free and willing property owners may enter into voluntary contractual assessments to finance the installation of renewable energy, energy efficiency, water efficiency, and seismic strengthening improvements as well as electric vehicle charging infrastructure, in each case affixed to real property (the "Improvements"). CSCDA's Commissioners pre -qualified and appointed the PACE Administrators to manage the CSCDA Open PACE program in order to offer members turn -key PACE solutions that provide residential and commercial property owners the choice among prequalified PACE financing providers, creating competition on terms, service and interest rates. The prequalified program administrators operating the following programs are AllianceNRG ProgramTM2 , The Clean Fund, PACE Funding LLC, Renew Financial LLC (administering CaliforniaFIRST) and Spruce Finance. CSCDA's Open PACE program offers turnkey solutions to save California jurisdictions the time and resources of developing standalone PACE programs. Jurisdictions only need to adopt the form of resolution accompanying this staff report related to the CSCDA Open PACE program to begin the process. There is no cost to approving the resolution. PACE has been a very successful financing tool in California. PACE is operating in over 400 jurisdictions throughout the state, and over a billion dollars in energy efficiency, water efficiency and renewable projects have been funded. CSCDA Open PACE is being offered to allow property owners in participating cities and counties to finance renewable energy, energy water efficiency improvements, seismic improvements and electric vehicle charging infrastructure on their property. Participation in the assessment is 100% voluntary by the property owner. The improvements installed on the owner's property are financed by the issuance of bonds by CSCDA. The bonds are secured by a voluntary contractual assessment levied on the owner's property. Property owners who wish to participate in PACE agree to repay the money through the voluntary contractual assessment collected with property taxes. The voluntary contractual assessments will be levied by CSCDA and collected in annual installments through the applicable county secured property tax bill. 1 The California Statewide Communities Development Authority (CSCDA) was created in 1988, under California's Joint Exercise of Powers Act, to provide California's local governments with an effective tool for the timely financing of community -based public benefit projects. CSCDA has over 500 member agencies and is the Joint Powers Authority and conduit bond issuer sponsored by the League of California Cities and the California State Association of Counties. More information about CSCDA is available atwww.cscda.orq. 2 The AllianceNRG Program consists of Deutsche Bank Securities Inc., CounterPointe Energy Solutions LLC and Leidos Engineering, LLC. N Y 1327582.1 222768-10001 392 of 504 Attachment No. 1 The benefits to the property owner include from the PACE Open PACE Program : • Competition: CSCDA Open PACE provides multiple options to property owners: AllianceNRG Program, the Clean Fund, PACE Funding, CaliforniaFIRST and Spruce Finance. Property owners can shop for the best price and service through the availability of the PACE administrators. • Eligibility: In today's economic environment, alternatives for property owners to finance renewable improvements may not be available. Many property owners do not have financing options available to them to lower their utility bills. • Savings: Energy prices continue to rise and installing energy efficient, water efficient and renewable energy models lower utility bills. • 100% voluntary: Only property owners who choose to finance improvements will have assessments placed on their property. • Payment obligation can stay with the property: Under Chapter 29, a voluntary contractual assessment stays with the property upon transfer of ownership. Most private loans are due on sale of the property. Certain mortgage providers will, however, require the assessment be paid at the time the property is refinanced or sold. • Prepayment option: The property owner can choose to pay off the assessments at any time, subject to applicable prepayment penalties. • Customer oriented: Part of the success of the CSCDA Open PACE is prompt customer service. • Favorable Terms: The economic terms of PACE financing will often be more favorable than other options. • Not a personal loan or mortgage: The PACE assessment in effect is not a personal obligation of the property owner through a conventional loan or mortgage but an assessment on the property secured by an assessment lien and collected as part of the regular tax roll on the property. The benefits to the [City/County] include: • Prequalified PACE Administrators. CSCDA has pre -qualified the PACE Administrators based on their business practices, qualifications, experience, and capital commitment to the PACE market. • Single Resolution. The [City/County] can pass a single resolution and provide access 2 of 4 393 of 504 Attachment No. 1 to residential and commercial property owners to highly qualified PACE administrators. There is no need to pass multiple resolutions to approve the administrators. • Project Eligibility. The CSCDA Open PACE platform can provide financing for all aspects of PACE including: 1) Residential, 2) Commercial, and 3) Resilience programs such as Mandatory Soft Story seismic strengthening programs, • Increase local jobs. Property improvements provide jobs in the local economy. • Increase in housing prices. Updated and higher efficient homes are generally more valuable. • Increase Revenue to the [City/County]. Property improvements result in an increase in sales, payroll and property tax revenue to the [City/County]. • No [City/Countyl Obligation. As in conventional assessment financing, the [City/County] is not obligated to repay the bonds or to pay the assessments levied on the participating properties. Unlike conventional assessment financing, the City/County has no administrative duties and its name is not on the bonds, as CSCDA's name is on the bonds. • No [City/Countyl staff support required. All CSCDA Open PACE and assessment administration, bond issuance and bond administration functions are handled by CSCDA and the Administrators. No [City/County] staff time is needed to participate in CSCDA Open PACE. • No internal management requirements. The [City/County] can provide access for its residents to CSCDA Open PACE without the higher staff costs that an independent program established by the [City/County] would require. • Availability of Information on Projects Financed. The [City/County] may receive, at its option, periodic updates on CSCDA Open PACE projects that have been completed in their community. • Demonstration of Community Commitment to the Environment. Participating in CSCDA Open PACE demonstrates the [City's/County's] commitment to do everything in its power to improve the environment. 3 of 4 394 of 504 Attachment No. 1 The proposed resolution enables CSCDA Open PACE programs to be available to owners of residential and commercial property within our [City/County] to finance permanently fixed renewable energy, energy efficiency, water efficiency, and seismic strengthening improvements as well as electric vehicle charging infrastructure. CSCDA (and not the county or city) will be responsible for entering into voluntary contractual assessment agreements with participating property owners, levying the voluntary contractual assessments, issuing bonds to finance the Improvements and taking remedial actions in the event of delinquent assessment payments. The resolution expressly provides that the county or city will not be responsible for the conduct of any assessment proceedings, the levy of assessments, any required remedial action in the case of delinquencies in assessment payments, or the issuance, sale or administration of any bonds issued in connection with CSCDA Open PACE. FISCAL AND STAFF IMPACTS: There is no negative fiscal impact to the [City's/County's] general fund by consenting to the inclusion of properties within the City limits in CSCDA Open PACE. All CSCDA Open PACE administrative costs are covered through an initial administrative fee included in the property owner's voluntary contractual assessment and an annual administrative fee, which is also collected on the property owner's tax bill. 4 of 4 395 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 396 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City consenting to the inclusion of properties with the territory of the City of National City in the CMFA Pace Programs; authorizing the California Statewide Communities Development Authority to acce 396 of 504 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 6, 2016 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City consenting to the inclusion of properties with the territory of the City of National City in the CMFA Pace Program; authorizing the California Statewide Communities Development Authority to accept applications from property owners, conduct contractual assessment proceedings and levy contractual assessments within the territory of the City of National City; and authorizing related actions. PREPARED BY: Carlos Aguirre Community Development Manager PHONE: 619 336-4391 EXPLANATION: Please see Attachment No. 1 DEPARTMENT: Housing & Economic Development Dept. APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. N/A APPROVED: APPROVED: Finance MIS ENVIRONMENTAL REVIEW: This activity is not a project as defined in Section 57378 of the California Code of Regulations. Therefore, no action is required under the California Environmental Quality Act. ORDINANCE: INTRODUCTION: I I FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Background Report 2. Indemnification and Insurance Agreement 3. Resolution 397 of 504 Attachment No. 1 Draft AGENDA ITEM SUBJECT: Consenting To The Inclusion Of Properties Within The Territory Of The City of National City (the "City") In The CMFA Pace Program; Authorizing The CMFA To Accept Applications From Property Owners, Conduct Contractual Assessment Proceedings And Levy Contractual Assessments Within The City of National City; Authorizing The City To Join CMFA; And Authorizing Related Actions RECOMMENDATION: It is recommended that the City Council adopt a resolution related to the City's participation in the California Municipal Finance Authority ("CMFA") Property Assessed Clean Energy ("PACE") Program: 1) Authorizing the CMFA to accept applications from property owners, conduct contractual assessment proceedings and levy contractual assessments within the City and authorizing related actions; 2) Authorizing the Mayor or City Manager or designee thereof to execute the Joint Exercise of Powers Agreement to join CMFA; and 3) Authorizing the Mayor or City Manager or designee thereof, to execute all documents and take any actions necessary and appropriate to carry out the intent of this resolution. BACKGROUND: The CMFA is a Joint Powers Authority formed to assist local governments, non-profit organizations and businesses by promoting economic, cultural and community development, with the financing of economic development and charitable activities throughout California. To date, over 200 municipalities have become members of the CMFA. As part of its economic and community development, the CMFA along with its initial Program Administrator, Energy Efficient Equity ("E3"), is offering PACE financing for residential and commercial property owners in its member territories. The CMFA is expected to issue limited obligation bonds, notes or other forms of indebtedness to fund the projects. PACE is an innovative way to finance energy efficiency, water efficiency, and renewable energy upgrades for residential and commercial buildings. Property owners who participate in the program repay the loans through a voluntary contractual assessment collected together with their property taxes. One of the most notable characteristics of PACE programs is that the loan is attached to the property rather than belonging to an individual. Therefore, when the owner sells the property, the loan may be paid off during the sale or stay with the property and be paid off by the new owner, who also benefits from the upgrades that were completed. PACE financing enables individuals and businesses to defer the upfront costs of energy efficiency, water efficiency and renewable energy improvements. PACE loans are paid over a long period of time while energy costs are simultaneously lower, which typically provides the 398 of 504 property owner with net savings. PACE overcomes challenges that have hindered adoption of energy efficiency and renewable energy measures for many property owners. ANALYSIS OF THE JOINT EXERCISE OF POWERS AGREEMENT: In order for the CMFA to have the authority to provide PACE financing in the City, it is necessary for the City to become a member of the CMFA. Attached to this report is a copy of the Joint Exercise of Powers Agreement to be executed by a designated signatory of the City. The Joint Exercise of Powers Agreement provides that the CMFA is a public entity, separate and apart from each member executing such agreement. The debts, liabilities and obligations of the CMFA do not constitute debts, liabilities or obligations of the members executing such agreement. There are no costs associated with membership in the CMFA and the City will in no way become exposed to any financial liability by reason of its membership in the CMFA. In addition, participation by the City in the CMFA will not impact the City's appropriations limits and will not constitute any type of indebtedness by the City. The Joint Exercise of Powers Agreement expressly provides that any member may withdraw from such agreement upon written notice to the Board of Directors of the CMFA. ANALYSIS OF THE PACE PROGRAM: Staff has determined that participation in this program is a cost effective means of offering property owners the opportunity to make energy and water efficiency retrofits to their property and create new local jobs. Property owners will repay the financing as a charge on their property tax bill over a period of years. The benefits to the property owner include: • Access to funds for home improvements: In today's economic environment, alternatives for property owners to finance renewable energy, energy efficiency, and water conservation improvements may not be available. Therefore, many property owners do not have options available to them to lower their utility bills. • Savings: Renewable energy, energy efficiency, and water conservation improvements help lower utility bills. • Payment obligation is tied to the property: The debt should not need to be repaid when the property is sold or transferred. The new owner assumes the obligation to repay the remaining balance with the property taxes. • Voluntary: Property owners choose to participate in the program at their own discretion. • Repayment obligation matched to the useful life of the financed improvements: The length of the financing is based on the expected useful life of the improvements. Depending on the lender and the improvements, the term can range from five (5) years to thirty-nine (39) years. • Prepayment options: Property owners can pay off the assessments at any time; however, there may be applicable prepayment penalties, and the program administrators review these terms with prospective participants. 399 of 504 • Improved quality of life: Residents benefit from improvements, such as more effective cooling provided by new air conditioning units and less outside noise when new double - paned windows are installed. The benefits to the City include: • The City is not obligated to repay the bonds issued by CMFA or to pay the assessments levied on the participating properties. The City will not incur any cost or involvement, and there are no administrative responsibilities, marketing obligations, or financial exposures to the City. • The CMFA and its Program Administrators handle all assessment administration, bond issuance and bond administration functions. The proposed Resolution authorizes the CMFA to accept applications from owners of property within our territory for municipal financing of authorized improvements through the CMFA Program. It also authorizes The CMFA to conduct assessment proceedings and levy assessments against the property of participating owners within the incorporated territory of the City. FISCAL IMPACT: There is no negative fiscal impact to the City's general fund incurred by consenting to the inclusion of properties within the City limits in the PACE Programs. The Board of Directors of the California Foundation for Stronger Communities, a California non- profit public benefit corporation (the "Foundation"), acts as the Board of Directors for the CMFA. Through its conduit issuance activities, the CMFA shares a portion of the issuance fees it receives with its member communities and donates a portion of these issuance fees to the Foundation for the support of local charities. With respect to the City, it is expected that that a portion of the issuance fee will be granted by the CMFA to the general fund of the City. Such grant may be used for any lawful purpose of the City. A similar amount will be donated by the CMFA to a non- profit organization in the City. 3 400 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 401 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing an increase to the contract with Kinsman Construction, Inc. in the not to exceed amount of $80,000 for the Police Department Building Improvements Project, CIP No. 15-06, to complete 401 of 504 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 6, 2016 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing an increase to the contract with Kinsman Construction, Inc. in the not to exceed amount of $80,000 for the Police Department Building Improvements Project, CIP No. 15-06, to complete planter landscaping, irrigation, remaining electrical and building improvements. PREPARED BY: Jose Lopez PHONE: 336-4382 EXPLANATION: See attached. FINANCIAL STATEMENT: ACCOUNT NO. DEPARTMENT: Engineering & Public Works APPROVED BY: APPROVED: APPROVED: Expenditure Account: 001-409-500-598-1182 (Police Department Building Improvements) - $80,000 Funds available through previous City Council appropriations. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution. BOARD I COMMISSION RECOMMENDATION: NIA ATTACHMENTS: 1. Explanation 2. Resolution Finance MIS 402 of 504 EXPLANATON On September 15, 2015, City Council adopted Resolution No. 2015-139 awarding a contract in the amount of $768,463 to Kinsman Construction, Inc. for Police Department server room and City Hall server roorn, heating, ventilating and air conditioning upgrades to the Police Department sever room, and waterproofing. Construction has progressed satisfactorily through the project. The tenant improvements to the Property and Evidence room are substantially complete, as we!! as the electrical, heating, ventilating and air conditioning upgrades to the building. However, to date, staff has executed fourteen change orders totaling $288,045.77 to address unforeseen conditions, additional waterproofing needs, and additional electrical and building improvements. In order to complete the planter landscaping, irrigation, remaining electrical and building improvements, staff is requesting City Council approve an increase to the contract with Kinsman Construction, Inc. in the not to exceed amount of $80,000. The new contract amount, which includes the original 25% contingency, and the previous contract increase of $127,007.15 approved by City Council through adoption of Resolution 2016-59, would be $1,167,585.90. Funds are available in the Police Department Building Improvements expenditure account number 001- 409-500-598-1182 through previous City Council appropriations. 403 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 404 The following page(s) contain the backup material for Agenda Item: Warrant Register #4 for the period of 07/20/16 through 07/26/16 in the amount of $1,436,022.14. (Finance) 404 of 504 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 6, 2016 AGENDA ITEM NO. ITEM TITLE: Warrant Register #4 for the period of 07/20/16 through 07/26/16 in the amount of $1,436,022.14. (Finance) PREPARED BY: K. Apalategui. DEPARTMENT: Finance APPROVED BY: 1�� PHONE: 619-336-4572 EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 07/20/16 through 07/26/16. Consistent with Department of Finance, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation County of San Diego CSAC Excess Ins Authority CSAC Excess Ins Authority EsGil Corporation Tristar Risk Management The Bank of New York Mellon 333282 401,701.00 324495 68,035.93 324499 211,964.00 324500 144,098.00 324510 60,167.85 333138 69,884.73 FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $1,436,022.14 Sweetwater River Channel Maintenance General Liability 1 Program Deposit Premium, E!A & Public Entity Admin Plan Check Services / Building June 2016 WC Replenishment HUD Section 108 Loan Payment APPROVED: --te; APPROVED: ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: 'Ratify warrants totaling $1,436,022.14 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Warrant Register #4 Finance MIS I4U5 of 504 1/3 *).* GA.11FO.i.11l1A PAYEE EDD ACME SAFETY & SUPPLY CORP ADVANCED EXERCISE EQUIPMENT AGARMA, R ARROWHEAD FORENSIC PRODUCTS AWARD MASTER BARTEL ASSOCIATES LLC BOOT WORLD BROADWAY AUTO GLASS BSE ENGINEERING, INC. BULLEX INC CALIFORNIA COMMERCIAL SECURITY CDWG CHEN RYAN ASSOCIATES INC CLEAN HARBORS COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO CPOA CSAC EXCESS INS AUTHORITY CSAC EXCESS INS AUTHORITY DEEPNET SECURITY LIMITED DELL MARKETING L P DEPARTMENT OF INDUSTRIAL RELATIONS DEPARTMENT OF TRANSPORTATION DISCOUNT SCHOOL SUPPLY DISCOUNT SPECIALTY CHEMICALS D-MAX ENGINEERING DOUBLE TREE BY HILTON HOTEL ERGOGENESIS LLC ESGIL CORPORATION EXPERIAN FERGUSON ENTERPRISES INC FLEET SERVICES INC GRAINGER GTC SYSTEMS INC HONEYWELL INTERNATIONAL INC HYDRO SCAPE PRODUCTS INC IAS BUILDERS INTERNATIONAL CODE COUNCIL KIRK'S RADIATOR KTU&A LASER SAVER INC LEFORTS SMALL ENGINE REPAIR LYNN PEAVEY MAN K9 INC MASON'S SAW MAZON, B NATIONAL HT 'v 4]IICORPORAT O --' WARRANT REGISTER #4 7/26/2016 DESCRIPTION CHK NQ DATE AMOUNT UNEMPLOYMENT INSURANCE BENEFIT CHARGE 324478 7/25/16 988.13 16' GRAFFITI SHEETING / PW 324480 7/26/16 235.44 GYM EQUIPMENT / POLICE DEPARTMENT 324481 7/26/16 19,160.98 REFUND DEV DEPOSIT - T8A 900132 324482 7/26/16 1,000.00 LAB SUPPLIES / POLICE 324483 7/26/16 1,093.27 NC QUEEN/PRINCESS CROWNS 2016/MISS NC 324484 7/26/16 342.56 ACTUARIAL CONSULTING SVCS / FINANCE 324485 7/26/16 6,055.00 MOP#64096 SAFETY APPAREL 324486 7/26/16 250.00 WINDSHIELD! PW 324487 7/26/16 186.38 POLICE DEPT UPGRADE PROJECT 324488 7/20/16 6,098,70 SMOKE LIQUID (20 LITER) / FIRE 324489 7/26/16 541.00 MOP#45754 SUPPLIES i PW 324490 7/26/16 499.83 ANNUAL SUPPORT EDGE PREMIUM / MIS 324491 7/26/16 14:536.16 DIVISION STREET RD. DIET PROJECT 324492 7/26/16 2,101.56 HOUSEHOLD HAZARDOUS WASTE REMOVAL / PW 324493 7/26/16 676.30 DISTRICT FEE AIR POLLUTION 1 FIRE STATION #31 324494 7/26/16 358.00 SWEETWATER RIVER CHANNEL MAINTENANCE 324495 7/26/16 68,035.93 LAFCO COST 324496 7/26/16 23,363.71 SHARE OF PC REVENUE - JUNE 2016 324497 7/26/16 10,282.45 ANNUAL MEMBERSHIP/D ESPIRITU 324498 7/26/16 470.00 GENERAL LIABILITY 1 PROGRAM 324499 7/26/16 211,964.00 DEPOSIT PREMIUM, EIA & PUBLIC ENTITY ADMIN 324500 7/26/16 144,098.00 DEEPNET UNIFIED AUTHENTICATION / MIS 324501 7/26/16 4,096.20 DELL OPTIPLEX 9020 MONITORS / MIS 324502 7/26/16 11,283,37 ELEVATOR INSPECTION / PW 324503 7/26/16 675.00 HIGHWAY LIGHTING / STREETS DIVISION 324504 7/26/16 2,961.55 ART SUPPLIES / CSD 324505 7/26/16 1,165.68 WASH AND WAX SOAP / FIRE 324506 7/26/16 430.38 STORM WATER SERVICES PROJECT 324507 7/26/16 41,528.69 NACOLE CONFERENCE / MAXILOM / BAILEY 324508 7/26/16 933.68 ERGOGENSIS CHAIR / HOUSING 324509 7/26/16 920.81 PLAN CHECK SERVICES / BUILDING 324510 7/26/16 60,167,86 CREDIT CHECKS/INVESTIGATIONS- PD 324511 7/26/16 27.24 MOP # 45723 / WASH RACK 324512 7126/16 202.31 MOP#67804 SUPPLIES 1 PW 324513 7/26/16 860.55 FLAMMABLE SAFETY CABINET / CSD 324514 7/26/16 1,460,52 VEEAM BACKUP AND REPLICATION LICENSING / MI6 324515 7/26/10 5,040,00 CITY WIDE HVAC MAINTENANCE / PW 324516 7/26/16 30,473.50 MOP#45720 SUPPLIES / PW 324517 7/26/16 889.25 REFUND OF INSPECTION FEE 324518 7/26/16 117,00 MEMBERSHIP RENEWAL / BLDG 324519 7/26/16 240.00 LABOR TO REPAIR RADIATOR / PW 324520 7/26/16 77.25 8TH STREET SIGNAGE PROJECT 324521 7/26/16 5,793.38 MOP 45725 / INK CARTRIDGES / MIS 324522 7/26/16 1,187,80 SPARK PLUG / PW 324523 7/26/10 311.74 LAB SUPPLIES / POLICE 324524 7/26/16 664.71 K9 MONTHLY SVC FEE / FEB 2016 324526 7/26/16 1,560.00 MOP 45729 MISC SUPPLIES / FIRE 324526 7/26/16 48.04 REIMB: CRIME 406 of 504 = / PD 324527 7/26/16 142.60 2/3 -Is.. CA.I A FoR.NJA. PAYEE MELLADO DESIGNS METRO AUTO PARTS DISTRIBUTOR MOBILE WIRELESS LLC MOTOROLA SOLUTIONS INC NATIONAL CITY AUTO TRI M NATIONAL CITY CAR WASH NATIONAL CITY CHAMBER NATIONAL CITY CHAMBER NEXUS IS INC OCEAN BLUE ENVIRONMENTAL OFFICE SOLUTIONS BUSINESS OPTICSPLANET INC PARRA, F PCS MOBILE PERRY FORD PRO BUILD PROFORCE LAW ENFORCEMENT PRUDENTIAL OVERALL SUPPLY QUAL CHEM CORPORATION QUESTYS SOLUTIONS RAMIREZ SOTO, R RAPHAEL'S PARTY RENTALS RON BAKER CHEVROLET S & S WELDING SAM ASH MUSIC CORP SAM'S ALIGNMENT SERVICE SAN DIEGO MIRAMAR COLLEGE SDG&E SIRCHIE FINGER PRINT SITEONE LANDSCAPE SUPPLY LLC SMART & FINAL SOUTH BAY COMMUNITY SERVICES SOUTHERN CALIF TRUCK STOP SCST INC STAPLES BUSINESS ADVANTAGE STARTECH COMPUTERS STATE OF CALIFORNIA SUPERIOR READY MIX SWANK MOTION PICTURES INC THE ENGRAVING STORE THE FILIPINO PRESS THE JBC GROUPS LLC TYLER BLIK DESIGN INC U S BANK ULINE UNDERGROUND SERVICE ALERT VALLEY INDUSTRIAL SPECIALTIES VERIZON WIRELESS VISION INTERNET PROVIDERS NATIONAL arry k Oi pO iTsii WARRANT REGISTER #4 7/2612016 DESCRIPTION CHK NO j}ATE 6MQUNT MISS NATIONAL CITY 2016 SASH 324528 7126/16 162,00 MOP#75943 AUTO SUPPLIES / PW 324529 7/26/16 597.34 NETMOTION MOBILITY LICENSING / MIS 324530 7/26/16 6,876.0D APX6000 700/800 MODEL 2.5 PORTABLE RADIOS 324531 7/26/16 10,353.63 MOP#72441 AUTO PARTS / PW 324532 7126/16 45.00 MOP#72454 CAR WASH SERVICES 324533 7/26/16 480.00 NC TOURISM MARKETING - MAY 2016 324534 7/26/16 31,820.84 COMMUNITY ENHANCEMENT / JUL 2016 - DEC 2016 324535 7/26/16 23,000.00 VOIP PHONE SYSTEM PROJECT 1 MIS 324536 7/26/16 23,946.50 WASTE PICKUP; 1922 E AVE 324537 7/26/16 1,058.21 GELPRO NEWLIFE ECO-PRO BIO MAT/ ENG 324538 7/26/16 216.91 PROTECTION EAR MUFFS / POLICE 324539 7/26/16 1,186.50 REFUND: CASH IN LIEU DEDUCTION 324540 7/26116 527.13 RETROFIT TO GPS AND 4G AT&T LTE ! MIS 324541 7/26/16 10,064.18 MOP#45703 AUTO PARTS 1 PW 324542 7/26/16 383.10 MOP# 45707 LIGHT RENTAL / ENG 324543 7/26/16 4,039.69 TSR X26P BLK CLASS III LASER / PD 324544 7/26/16 22.756.27 MOP#45742 LAUNDRY SERVICES / PARKS 324545 7/26/16 368.42 5 GALLON PAIL GRANULAR 1 STREETS 324546 7/26/16 486.04 4WEB BASED SEARCH TRAINING SESSIONS 324547 7/26/16 1,20D.00 PHOTOGRAPHER FOR MISS NATIONAL CITY 324548 7/26/16 100.00 PODIUM & FLOOR LUCITE /CSD 324549 7/26/16 395.50 MOP#45751 AUTO PARTS 1 PW 324550 7/26/16 47.23 TRAF GRATE GALVANIZED 1 PW 324551 7/26/16 545.00 VOCOPRO JAMCUBE ! CSD 324552 7/26/16 409.33 MOP#72442 AUTO PARTS / PW 324553 7/26/16 40.00 TUITION: CPT f PD 324554 7/26/16 23.00 GAS & ELECTRIC UTILITIES 324555 7/26/16 1,339.55 LAB SUPPLIES 1 POLICE 324556 7/26116 3,923.24 MOP#69277 SUPPLIES 1 PW 324557 7/26/16 203.75 MOP 45756 MISC SUPPLIES/ FIRE 324558 7/26/16 312.29 CDBG EXPENSE REIMB 4TH QTR / HOUSING 324559 7/26/16 4,090.44 MOP#45758 AUTO PARTS / PW 324560 7/26/16 27.41 PLAZA BLVD & 14TH ST IMPROVE PROJECT 324561 7/26/16 1,437.00 MOP 45704 OFFICE SUPPLIES / PD 324562 7/26/16 2,624.28 MOP 61744 SCANNER / HOUSING 324563 7/26/16 499.91 SALES TAX LIABILITY 1 APR - JUNE 2016 324564 7/26/16 20,580.00 COLD MIX ASPHALTS / TACK OIL / PW 324565 7/26/16 128.30 WS DVD SURF'S UP / CSD 324566 7/26/16 500.00 FLAG BOXES / PD 324567 7/26/16 189.98 NOTICE OF ELECTION - TAGALOG 324568 7126/16 60.00 CALRECYCLE ANNUAL REPORT 324569 7/26/16 900.00 CONSULTATION, DESIGN & LAYOUT / MIS 324570 7/26116 5,000.00 CREDIT CARD EXPENSES - PD 324571 7/26116 4,303.19 LAB SUPPLIES 1 POLICE 324572 7/26/16 1,585.32 UNDERGROUND SERVICE ALERT FY 2017 324573 7/26/16 190.50 MOP#46453 SUPPLIES / PW 324574 7/26/16 634.07 CELLULAR SERVICE / 5/22/16 - 6/21/16 324575 7/26/16 10,822.48 WEB DESIGN I 407 of 504 aE 1 MIS 324576 7/26/16 7,806.00 4 0" CALIFORNIA 1' , ai3 PAYEE VISTA PAINT WAXIE SANITARY SUPPLY WAXIE SANITARY SUPPLY WEST COAST ARBORISTS, INC. WESTFLEX INDUSTRIAL WILLY'S ELECTRONIC SUPPLY XPEDIENT COMMUNICATIONS INC IACP KEYSER MARSTON ASSOCIATES INC THE LAW OFFICES OF EDWARD Z KOTKIN THE SAN DIEGO UNION TRIBUNE WIRED PAYMENTS TRISTAR RISK MANAGEMENT THE BANK OF NEW YORK MELLON TRISTAR RISK MANAGEMENT NATION CITy a WARRANT REGISTER #4 7/26/2016 AESGRIPTION MOP 68834 PAINT SUPPLIES / NSD WAXIE CLEANSER/BLEACH/DISH SOAP / FIRE JANITORIAL SUPPLIES-PW CONTRACTING SERVICES FOR TREE TRIMMING MOP#63850 SUPPLIES / PW MOP 45763 BATTERIES / Po CABLING AT PD AND FIRE STATION 31 MEMBERSHIP RENEWAL/ PD PALM PLAZA SUMMARY REPORT / S A LEGAL 1 OVERSIGHT BOARD / S A DISPLAY ONLINE ADVERTISING / SA JUNE 2016 WC REPLENISHMENT HUD SECTION 108 LOAN PAYMENT REPLENISHMENT FOR WC CLAIM #13531021 GRAND TOTAL CHK f+l DATE /4MOUNT 324577 7/26/16 443.24 324578 7/26/16 492.13 324579 7/26/16 5,265.85 324580 7/26/16 27,353.70 324581 7/26/16 300.95 3245+87 7/26/16 689,74 324583 7/26/16 6,309.01 324584 7/26/16 150.00 324585 7/26/16 1,075.00 324586 7/26/16 63.00 324581 7/26/16 1,493.91 AJP Total 940,518,76 333138 7/20/16 69,8,54.73 333282 7/20/16 401,701.00 290055 7/26/16 17,917,65 $1,436,022.14 408 of 504 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 ROBERS, FINANCE LESLIE DEESE, CITY MANAGER FINANCE CE COMMITTEE RONALD J. IvIORRISON, MAYOR -CHAIRMAN JERRY CANO, VICE -MAYOR ALEJANDRA SOTELO-SOLIS, MEMBER MONA RIOS, MEMBER ALBERT MENDIVIL, MEMBER I IHEREBY 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 6'11 OF SEPTEMBER, 2016. AYES NAYS ABSENT 409 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 410 The following page(s) contain the backup material for Agenda Item: Warrant Register #5 for the period of 07/27/16 through 08/02/16 in the amount of $3,388,476.98. (Finance) 410 of 504 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 6, 2016 AGENDA ITEM NO. ITEM TITLE: Warrant Register #5 for the period of 07/27/16 through 08/02/16 in the amount of $3,388,476.98. (Finance) PREPARED BY: K. Apalategui PHONE: 619-336-4572. EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 07/27/16 through 08/02/16. Consistent with Department of Finance, listed below are all payments above $50,000. Vendor Fordyce Construction Inc Haaker Equipment Co Health Net Inc Kaiser Foundation HP STC Traffic Inc Union Bank of California Public Emp Ret System DEPARTMENT: Financq W . N APPROVED BY: Check/Wire Amount Explanation 324646 100,914.23 324656 98,035.05 324662 71, 339.53 324673 180,047.10 324728 66,803.14 289911 317,724.11 7272016 400,509.36 Las Palmas Park & Municipal Pool Project Rovverx Package for City Vehicle Health Ins R1192A / Aug 2016 Ins Active / Aug 2016 Kimball Park Project General Obligation Bonds 2012 Service Period 07/05/16 — 07/18/16 FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $3,388,476.98 APPROVED: APPROVED: ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: }ratify warrants totaling $3,388,476.90 BOARD 1 COMMISSION RECOMMENDATION: IN/A ATTACHMENTS: Warrant Register #5 411 of 504 1/4 PAYEE UNITED STATES TREASURY AYLES, T ACEDO, I ACME SAFETY & SUPPLY CORP ADVANCED FIRE CONTROL AFLAC AGUIRRE, C AMAZON ANDERSON, E ARC ERGONOMICS ARGUS HAZCO AT&T AT&T ATKINS NORTH AMERICA INC BAKER & TAYLOR BEARD, P BECK, L BISHOP, R BJ'S RENTALS BOEGLER, C BOOT WORLD BOYDJR,P BRODART CO CAPF CA ASSOC OF CODE ENFORCEMENT CALIFORNIA ELECTRIC SUPPLY CALIFORNIA LAW ENFORCEMENT CA RESERVE PEACE OFFICERS CARRILLO, R CASAS, L CCS PRESENTATION SYSTEM INC CLAIMS MANAGEMENT ASSOCIATES CLF WAREHOUSE COLE, L CONDON, D CORPUZ, T CSA SAN DIEGO COUNTY CWEA RENEWAL CYBRARYN SOLUTIONS D MAX ENGINEERING INC DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DANESHFAR, Z DELTA DENTAL DELTA DENTAL DELTA DENTAL INSURANCE CO DESROCHERS, P DI CERCHIO, A DILLARD, S CAL/F'OR.MA •-4- NATIONAL or, l , �coeo$e'r WARRANT REGISTER #S 812/2016 DESCRIPTION CHK NO QI AMOUNT QUARTERLY TAXES 1 FINANCE 324479 7/27/16 21.62 REIMB-MOTORCYLE COURSE / PD 324588 8/2/16 113.30 RETIREE HEALTH BENEFITS," AUG 2016 324589 812116 160.00 BANDIT STRAPPING/STRIPING PAINT 1 PW 324590 8/2/16 274.02 LIVE FIRE TRAINING 1 FIRE 324591 8/2/16 21,022.50 AFLAC ACCT BDM36 / AUG 2016 324592 8/2/16 661.84 ED REIMBURSEMENT 324593 8/2/16 185.00 DISPLAY CABINET FOR CHILDREN'S ROOM / LIBRARY 324594 8/2/16 189.00 RETIREE HEALTH BENEFITS / AUG 2016 324595 8/2/16 110.00 ERGONOMIC DESK / NICOLE P. 324596 8/2/16 2,752.36 HYDROGEN SULFIDE / FIRE 324597 8/2/16 355.71 PHONE SERVICES / JUNE 2016 324598 8/2/16 357.32 PHONE SERVICES / JUNE 2016 324599 8/2/16 44.58 ALLEY DESIGN SERVICES PROJECT 324600 8/2/16 31,455.50 BOOKS- LIBRARY 324601 8/2/16 249.31 RETIREE HEALTH BENEFITS I AUG 2016 324602 8/2/16 70.00 RETIREE HEALTH BENEFITS / AUG 2016 324603 8/2/16 140.00 RETIREE HEALTH BENEFITS / AUG 2016 324604 8/2/16 110.00 COMPACTOR RAMMER AND PLATE / ENGINEERING 324605 8/2/16 170.61 RETIREE HEALTH BENEFITS /AUG 2016 324606 8/2/16 260.00 MOP#64096 WEARING APPAREL 324607 8/2/16 250.00 RETIREE HEALTH BENEFITS / AUG 2016 324608 8/2/16 145.00 BOOKS - LIBRARY 324609 8/2/16 507.02 FIRE LTD / AUG 2016 324610 812/16 780.00 REGISTRATION: 2016 ANNUAL SEMINAR / IBARRA 324611 8/2/16 379.00 METER PEDESTAL 1 PW 324612 8/2/16 3,855.34 PD LTD 1 AUG 2016 324613 8/2/16 2,082.50 TUITION: 39TH ANNUAL ARPOC / PD 324614 8/2/16 2,385.00 RETIREE HEALTH BENEFITS / AUG 2016 324615 8/2116 290.00 INTERPRETING SVC- PARADISE CREEK 324616 8/2/16 140.00 SHARP 60" LED BACKLIT LCD TV / MIS 324617 8/2/16 4,318.80 LIABILITY AND RISK SERVICES 1 JUNE 2016 324618 8/2/16 7,245.00 MOP#80331 AUTO PARTS 324619 812116 497.73 RETIREE HEALTH BENEFITS / AUG 2016 324620 8/2/16 165.00 RETIREE HEALTH BENEFITS / AUG 2016 324621 8/2/16 280.00 RETIREE HEALTH BENEFITS / AUG 2016 324622 8/2/16 140.00 CDBG EXPENSE REIMB 14TH QTR / HOUSING 324823 8/2/16 9,848.39 MEMBERSHIP RENEWAL 1 PW 324624 8/2/16 255.00 ANNUAL SUBSCRIPTION / MIS 324625 8/2/16 1,139.95 REFUND DEV DEPOSIT - T&A 90120 324026 8/2/16 1,070.00 LIABILITY CLAIM COSTS 324627 8/2/16 1,575.36 LIABILITY CLAIM COSTS 324628 8/2/16 346.33 LIABILITY CLAIM COSTS 324629 8/2/16 245.00 RETIREE HEALTH BENEFITS 1 AUG 2016 324630 8/2/16 250.00 DENTAL INS PREMIER / AUG 2016 324631 8/2/16 15,825.95 COBRA DENTAL INS 1 JUNE 2016 324632 8/2/16 45.22 PMI DENTAL INS / AUG 2016 324633 8/2/16 2,710.02 RETIREE HEALTH BENEFITS / AUG 2016 324634 8/2/16 110,00 RETIREE HEALTH 2016 324635 8/2116 70.00 412 of 504 RETIREE HEALTH 2016 324636 8/2/16 480.00 2/4 PAYEE DISCOUNT SCHOOL SUPPLY D-MAX ENGINEERING DREDGE, J EISER III, G EXPRESS PIPE AND SUPPLY CO INC FABINSKI, D FEDEX FERGUSON ENTERPRISES INC FIFIELD, K FORDYCE CONSTRUCTION INC GARCIA, B GELSKEY, K GEOSYNTEC CONSULTANTS INC GIBBS JR, R GONZALES, M GOVERNMENT FINANCE OFFICERS GRAINGER GRANICUS INC GTC SYSTEMS INC HAAKER EQUIPMENT COMPANY HANDY METAL MART HANSON, E HARLAN, M HAUG. S HEALTH NET HEALTH NET INC HERNANDEZ, R HODGES, B HONDO, E HONEYWELL INTERNATIONAL INC IBARRA, G IBARRA, G IBARRA, J JAMES, R JEROME'S FURNITURE WAREHOUSE JUNIEL, R KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KIMBLE, R KOFF & ASSOCIATES LAND USE NAVIGATORS LANDA, A LANGUAGE LINE SERVICES LEARNING A Z LLC LIEBERT CASSIDY WHITMORE LIMFUECO, M MATIENZO, M MC CABE, T NATIONAL:cm oic6itihom WARRANT REGISTER #5 8/2/2016 DESCRIPTION SAND AND WATER ACTIVITY TUBS! CSD NATIONAL CITY PROP 84 "A" AVENUE PROJECT RETIREE HEALTH BENEFITS / AUG 2016 RETIREE HEALTH BENEFITS /AUG 2016 PLUMBING PARTS & MATERIALS / PW RETIREE HEALTH BENEFITS / AUG 2016 EXPRESS SHIPMENT / FIRE MOP#45723 SUPPLIES ! PW RETIREE HEALTH BENEFITS IAUG 2016 LAS PALMAS PARK & MUNICIPAL POOL PROJECT ED REIMBURSEMENT RETIREE HEALTH BENEFITS / AUG 2016 PARADISE CREEK EMERG. PROJECT RETIREE HEALTH BENEFITS /AUG 2016 RETIREE HEALTH BENEFITS / AUG 2016 TUITION; BETTER BUDGETING/FINANCE MOP#65179 SUPPLIES 1 FIRE MONTHLY MANAGED SVC / JUL 2016 OTC SUPPORT I JUNE / MIS ROVVERX PACKAGE FOR CITY VEHICLE PS EXPANDED 314/SM SHEAR / PW RETIREE HEALTH BENEFITS / AUG 2016 RETIREE HEALTH BENEFITS / AUG 2016 RETIREE HEALTH BENEFITS! AUG 2016 FULL NETWORK 57135A / AUG 2016 HEALTH INS R1192A / AUG 2016 RETIREE HEALTH BENEFITS / AUG 2016 RETIREE HEALTH BENEFITS / AUG 2016 RETIREE HEALTH BENEFITS / AUG 2016 TEMPERATURE SENSOR / PW HOTEL -CACEO CONFERENCE FLIGHT - CACEO CONFERENCE RETIREE HEALTH BENEFITS / AUG 2016 RETIREE HEALTH BENEFITS 1 AUG 2016 SOFA & ARMLESS STOOL / SENIOR CENTER RETIREE HEALTH BENEFITS / AUG 2016 INS ACTIVE 1 AUG 2016 RETIREES INS 1 AUG 2016 HDHSAINS /AUG 2016 RETIREES INS COBRA / JUNE 2016 RETIREE HEALTH BENEFITS / AUG 2016 MEA COMPENSATION STUDY 1 HR REGISTRATION: J MADAMBNPLANNING RETIREE HEALTH BENEFITS I AUG 2016 LINE INTERPRETATION SERVICES! PD LIBRARY MATERIALS REGISTRATION: LCW WEBINAR/HR RETIREE HEALTH BENEFITS / AUG 2016 RETIREE HEALTH 2016 413 of 504 RETIREE HEALTH 2016 CHK NO DATE AMOUNT 324637 8/2/16 384.36 324638 812/16 19,960.98 324639 812116 250.00 324640 8/2/16 250.00 324641 8/2/16 114.96 324642 812/16 220,00 324643 812/16 107.99 324644 8/2/16 571.04 324645 8/2/16 540.00 324646 8/2/16 100,914.23 324647 8/2/16 500.00 324648 8/2/16 115.00 324649 8/2/16 30,008.19 324650 8/2/16 120.00 324651 8/2/16 480.00 324652 8/2/16 70.00 324653 8/2/16 255.31 324654 8/2/16 1,477.35 324655 8/2/16 6,532.50 324656 8/2/16 98,035.05 324657 8/2/16 106.46 324658 8/2/16 135.00 324659 8/2/16 500.00 324660 80/16 120.00 324661 8/2/16 5,334.29 324662 8/2/16 71,339,53 324663 8/2/16 400.00 324664 8/2/16 200.00 324665 8/2/16 110.00 324666 8/2/16 1,075.52 324667 8/2/16 545.16 324668 8/2/16 352.70 324669 8/2/16 780.00 324670 8/2/16 140.00 324671 8/2/16 1,899.25 324672 8!2/16 50.00 324673 8/2/16 180,047.10 324674 8/2/16 7,572.29 324675 8/2116 5,622.80 324676 8/2/16 549.00 324677 8/2/16 300.00 324678 8/2/16 4,600.00 324679 8/2/16 250.00 324680 8/2/16 155.00 324681 812/16 90.86 324682 8/2/16 239.85 324683 8/2/16 60.00 324684 8/2/16 160.00 324685 8/2/16 100.00 324686 8/2/16 280.00 C A F t�;1 NIA 3/4 PAYEE MEDIFIT COMMUNITY SERVICES LLC MEDINA, R METRO AUTO PARTS DISTRIBUTOR MINER, D MOR FURNITURE FOR LESS MYERS, B NITV FEDERAL SERVICES LLC NOTEWARE, D O'REILLY AUTO PARTS ORKIN PADILLA, J PAUU JR, P PEACE OFFICERS RESEARCH ASSOC PEASE JR, D PENSKE FORD PERRY FORD PETERS, S POST, R POWERSTRIDE BATTERY CO INC PRO BUILD PRUDENTIAL OVERALL SUPPLY RAY, S RED WING SHOES STORE RELIANCE STANDARD RELY ENVIRONMENTAL ROARK, L RON BAKER CHEVROLET RUIZ, J SDCLEEAA REGIONAL TRAINING CENTER REGIONAL TRAINING CENTER SAN DIEGO UNION TRIBUNE SERVATIUS, J SHERWIN WILLIAMS SHORT, C SMART & FINAL SMITH, J SOUTH COUNTY ECONOMIC SOUTHERN CALIF TRUCK STOP STALLARD, T STAPLES BUSINESS ADVANTAGE STC TRAFFIC INC STILES, J STRASEN, W SWANK MOTION PICTURES INC THE EPOCH TIMES THE HOME DEPOT CREDIT SERVICES THE LIGHTHOUSE INC THE LINCOLN NATIONAL LIFE INS THOMSON REUTERS ydATIoNAL r rr ..�` aeAl WARRANT REGISTER #5 8/2/2016 DESCRIPTION MANAGEMENT FEE 1 COMM SVCS RETIREE HEALTH BENEFITS / AUG 2016 MOP#75943 AUTO SUPPLIES RETIREE HEALTH BENEFITS / AUG 2016 MATTRESSES 1 FIRE DEPT RETIREE HEALTH BENEFITS 1 AUG 2016 TUITION: COMPUTER VOICE STRESS/PD RETIREE HEALTH BENEFITS / AUG 2016 MOP#75877 AUTOMOTIVE SUPPLIES / PW CITY WIDE PEST CONTROL MAINTENANCE MIS$ NC PAGEANT PHOTOGRAPHER RETIREE HEALTH BENEFITS / AUG 2016 INSURANCE & WC /PD RETIREE HEALTH BENEFITS / AUG 2016 MOP#49078 AUTO SUPPLIES / PW MOP#45703 AUTO SUPPLIES / PW RETIREE HEALTH BENEFITS 1 AUG 2016 RETIREE HEALTH BENEFITS 1 AUG 2016 MOP#67839 AUTO PARTS / PW MOP 45707 MISC SUPPLIES / NSD MOP#45742 LAUNDRY SERVICES / NSD RETIREE HEALTH BENEFITS / AUG 2016 SAFETY BOOTS / BELL VOLUNTARY LIFE INS / AUG 2016 HAZARDOUS WASTE KIMBALL PARK COMP SVCS RETIREE HEALTH BENEFITS 1 AUG 2016 MOP#45751 AUTO SUPPLIES 1 PW RETIREE HEALTH BENEFITS / AUG 2016 EXPLORER ACADEMY ENROLLMENT/PD TUITION: PUBLIC SAFETY / CITY MGR TUITION: USE OF FORCE LIABILITY/PD PUBLIC NOTICE 1 HOUSING RETIREE HEALTH BENEFITS/ AUG 2016 MOP#77816 PAINT / PW RETIREE HEALTH BENEFITS 1 AUG 2016 MOP 45756 MISC SUPPLIES / FIRE RETIREE HEALTH BENEFITS / AUG 2016 MEMBERSHIP DUES FOR FY 2017 MOP#45758 AUTO SUPPLIES / PW LIABILITY CLAIM COSTS MOP 45704. OFFICE SUPPLIES 1 HOUSING KIMBALL PARK PROJECT ED REIMBURSEMENT RETIREE HEALTH BENEFITS / AUG 2016 MOVIE AT THE PARK EVENT 1 CSD NOTICE OF ELECTION - MANDARIN WIPING CLOTHS/PAINT CUP/ROLLER TRAY / NSD MOP#45726 AUTO PARTS / PW LIFE & AD&D, STD, 016 CLEAR INVESTIGA 414 of 504 S / PD CHK NO DATE AMOUNT 324687 8/2/16 29,795.85 324688 8/2116 105.00 324689 8/2116 1,560,16 324690 812/16 580.00 324691 8/2/16 16,000.04 324692 812116 140.00 324693 8/2/16 1,780.00 324694 8/2116 120.00 324695 8/2/16 76.04 324696 8/2/16 833.00 324897 8/2/15 100.00 324698 8/2/16 340.00 324699 8/2/16 110.130 324700 8/2/16 140.00 324701 8/2/16 318.62 324702 8/2/16 334.92 324703 8/2/16 290.00 324704 8/2/16 280.00 324705 8/2/16 311.39 324706 8/2/16 791.16 324707 8/2/16 692.78 324708 8/2/16 190.00 324709 812116 125.00 324710 8/2/16 2,779.88 324711 8/2/16 4,059.00 324712 812116 135.00 324713 8/2/16 206,30 324714 8/2/16 310.00 324715 8/2/16 7,650.00 324716 8/2/16 25.00 324717 812116 25.00 324718 8/2/16 575.00 324719 8/2/16 340.00 324720 8/2/16 255.10 324721 8/2/16 300.00 324722 8/2/16 313.08 324723 8/2/16 320.00 324724 8/2/16 5,000.00 324725 8/2116 62,71 324726 8/2/16 349.00 324727 8/2/16 1,293.93 324728 8/2/16 66,803.14 324729 8/2/16 250.00 324730 8/2/16 135.00 324731 8/2/16 500.00 324732 8/2/16 120.00 324733 8/2/16 239.28 324734 8/2/16 298.63 324735 8/2/16 9,475.93 324736 8/2/16 473.49 C.ALI> O:RNJA.+- - 4/4 PAYEk TIP OF SAN DIEGO COUNTY TIPTON, B TODD PIPE & SUPPLY LLC TOPECO PRODUCTS U S BANK U S HEALTHWORKS VERIZON WIRELESS VERRY, L VILLAGOMEZ, J VISTA PAINT VULCAN MATERIALS COMPANY WESTERN CITY MAGAZINE WESTFLEX INDUSTRIAL WHITE, J WILLY'S ELECTRONIC SUPPLY ZENGOTA, V SDG&E SWEETWATER AUTHORITY WIRED PAYMENTS UNION BANK OF CALIFORNIA PUBLIC EMP RETIREMENT SYSTEM SECTION 8 MAPS PAYROLL Pay period Start Date 16 7/19/2016 NATI9attk city WARRANT REGISTER #5 8/2/2016 DESCRIPTION ON -SCENE, 24 HR VOLUNTEER RESPONSE RETIREE HEALTH BENEFITS 1 AUG 2016 CITY WIDE PLUMBING MATERIALS MOP#36849 AUTO PARTS / PW CREDIT CARD EXPENSES / CITY ATTORNEY PRE-EMP PHYSICALS / PD CELLULAR SERVICE / 6/01/16- 07101/16 RETIREE HEALTH BENEFITS / AUG 2016 RETIREE HEALTH BENEFITS / AUG 2016 MOP#68834 SUPPLIES / PW 3/41N CL 2 BASE / PW SUBSCRIPTION RENEWAL / NSD MOP#63850 PARTS / PW RETIREE HEALTH BENEFITS / AUG 2016 MOP 45763. ELECTRICAL SUPPLIES / MIS RETIREE HEALTH BENEFITS / AUG 2016 GAS AND ELECTRIC UTILITIES / S A WATER UTILITIES / S A GENERAL OBLIGATION BONDS 2012 SERVICE PERIOD 07/05/16 - 07/18/16 Start Date End Date 7/27/2016 812/2016 End Date Check Date 8/1/2016 8/10/2016 GRAND TOTAL CHK NO Del M AMOUNT 324737 8/2/16 8,000.00 324738 8/2/16 250.00 324739 8/2/16 746,31 324740 8/2/16 135.67 324741 8/2/16 103.21 324742 8/2/16 395.00 324743 8/2/16 1.60 324744 8/2/16 280.00 324745 8/2/16 480.00 324746 8/2/16 62.13 324747 8/2/16 158.00 324748 8/2/16 39.00 324749 8/2/16 335.59 324750 8/2/16 230.00 324751 8/2/16 339.98 324752 8/2/16 300.00 324753 8/2/16 219.98 324754 8/2/16 231.88 MP Total 829,771,83 289911 7/28/16 317,724.11 7272016 7/27/16 400,509.36 799,970.64 1,040,501.04 $ 3,388,476.98 415 of 504 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. \--tef7 MARK ROBERTS, FINANCE LESLIE DEESE, CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR-CHAPMAN JERRY CANO, VICE -MAYOR ALEJANDRA SOTELO-SOLIS, MEMBER MONA 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 66 OF SEPTEMBER, 2016. AYES NAYS ABSENT 416 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 417 The following page(s) contain the backup material for Agenda Item: Public Hearing for the approval of the City of National City of the issuance of multifamily housing revenue bonds for the purpose of financing the acquisition and rehabilitation of Granger Apartments in National City. (Housing and Economic Development) 417 of 504 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 6, 2016 AGENDA ITEM NO. ITEM TITLE: Public Hearing for the approval by the City of National City of the issuance of multifamily housing revenue bonds for the purpose of financing the acquisition and rehabilitation of Granger Apartments in National City PREPARED BY: Carlos Aguirre, Community Dev. Manager PHONE: (619) 336-4391 EXPLANATION: See Attachment No. 1. DEPARTMENT: Housing & Economic Dev. APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. There is no fiscal impact to the City. ENVIRONMENTAL REVIEW: Not applicable to this report. ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Conduct the Public Hearing. BOARD / COMMISSION RECOMMENDATION: Not applicable to this report. ATTACHMENTS: Attachment No. 1: Background Report Attachment No. 2: Public Notice 41i OT bU4 Attachment No. 1 TEFRA Hearing and Resolution for Granger Apartments Conduct a public hearing under the Tax and Equity Fiscal Responsibility Act ("TEFRA") on August 16, 2016 in connection with the proposed issuance of revenue bonds by the California Municipal Finance Authority ("CMFA"), a joint exercise of powers authority and public entity of the State of California, in an amount not to exceed $50,000,000, (the "Bond"), used to finance or refinance the costs of the acquisition, rehabilitation and improvement of an existing 180-unit multifamily affordable facility located at 2700 East 8th Street in the City, and is commonly known as Granger Apartments (the "Project"). Adopt a resolution to become a member of the CMFA and to approve the financing of the Project by the CMFA. Recommendations 1) Conduct the public hearing under the requirements of '1'1 FRA and the Internal Revenue Code of 1986, as amended (the "Code"). 2) Adopt the resolution approving the issuance of the Bonds by the CMFA for the benefit of Granger housing, LP or any subsidiary or affiliate created by SDG Housing, a California nonprofit corporation and an organization described in Section 501(c)(3) of the Internal Revenue Code of 1986 (the `Borrower"), to provide for the financing of the Project, such adoption is solely for the purposes of satisfying the requirements of TEFRA, the Code and the California Government Code Section 6500 (and following). The resolution will also authorize the Mayor or designee thereof to execute the Joint Exercise of Powers Agreement with the CMFA. BACKGROUND: SDG Housing requested that the CMFA serve as the municipal issuer of the Bonds in an aggregate principal amount not to exceed $50,000,000 of tax-exempt revenue bonds. The proceeds of the Bonds will be used to finance or refinance the costs of the acquisition, rehabilitation and improvement of an existing 180-unit multifamily affordable facility located at 2700 East 8th Street in the City, to be owned and operated by the Borrower In order for all or a portion of the Bonds to qualify as tax-exempt bonds, the City of National City must conduct a public hearing (the "TEFRA Hearing") providing for the members of the community an opportunity to speak in favor of or against the use of tax-exempt bonds for the financing of the Project. Prior to such TEFRA Hearing, reasonable notice must be provided to the members of the community. Following the close of the TEFRA Hearing, an "applicable elected representative" of the governmental unit hosting the Project must provide its approval of the issuance of the Bonds for the financing of the Project. CALIFORNIA MUNICIPAL FINANCE AUTHORITY: 419 of 504 The CMFA was created on January 1, 2004 pursuant to a joint exercise of powers agreement to promote economic, cultural and community development, through the financing of economic development and charitable activities throughout California. To date, over 240 municipalities have become members of CMFA. The CMFA was formed to assist local governments, non-profit organizations and businesses with the issuance of taxable and tax-exempt bonds aimed at improving the standard of living in California. The CMFA's representatives and its Board of Directors have considerable experience in bond financings. EXECUTION OF THE JOINT EXERCISE OF POWERS AGREEMENT: In order for the CMFA to have the authority to serve as the issuer of the bonds for the Project, it is necessary for the City of National City to become a member of the CMFA. Attached to this report is a copy of the Joint Exercise of Powers Agreement to be executed by a designated signatory of the City. The Joint Exercise of Powers Agreement provides that the CMFA is a public entity, separate and apart from each member executing such agreement. The debts, liabilities and obligations of the CMFA do not constitute debts, liabilities or obligations of the members executing such agreement. There are no costs associated with membership in the CMFA and the City will in no way become exposed to any financial liability by reason of its membership in the CMFA. In addition, participation by the City in the CMFA will not impact the City's appropriations limits and will not constitute any type of indebtedness by the City. Outside of holding the TEFRA hearing, adopting the required resolution and executing the Joint Exercise of Powers Agreement of the CMFA, no other participation or activity of the City or the City Council with respect to the issuance of the Bonds will be required. The Joint Exercise of Powers Agreement expressly provides that any member may withdraw from such agreement upon written notice to the Board of Directors of the CMFA. In the case of the proposed bond financing for the Borrower, the City following its execution of the Joint Exercise of Powers Agreement, could, at any time following the issuance of the Bonds, withdraw from the CMFA by providing written notice to the Board of Directors of the CMFA. FISCAL IMPACT: The Bonds to be issued by the CMFA for the Project will be the sole responsibility of the Borrower, and the City will have no financial, legal, moral obligation, liability or responsibility for the Project or the repayment of the Bonds for the financing of the Project. All financing documents with respect to the issuance of the Bonds will contain clear disclaimers that the Bonds are not obligations of the City or the State of California, but are to be paid for solely from funds provided by the Borrower. The Board of Directors of the California Foundation for Stronger Communities, a California non-profit public benefit corporation (the "Foundation"), acts as the Board of Directors for the CMFA. Through its conduit issuance activities, the 2 420 of 504 SUMMARY: CMFA shares a portion of the issuance fees it receives with its member communities and donates a portion of these issuance fees to the Foundation for the support of local charities. With respect to the City of National City, it is expected that that a portion of the issuance fee attributable to the City will be granted by the CMFA to the general fund of the City. Such grant may be used for any lawful purpose of the City. In light of the foregoing, and in order to support affordable housing, staff recommends that the City conduct the TEFRA Hearing, execute the Joint Exercise of Powers Agreement of the CMFA, and adopt the resolution in favor of the issuance of the Bonds by the CMFA. Respectfully submitted, Alfredo Ybarra Community Development Manager 421 of 504 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on September 6, 2016, a public hearing as required by Section 147(f) of the Internal Revenue Code of 1986 will be held with respect to the proposed issuance by the California Municipal Finance Authority of its revenue bonds in one or more series in an amount not to exceed $50,000,000 (the "Bonds"). The proceeds of the Bonds will be used to: (1) finance the acquisition and rehabilitation of an existing 180-unit multifamily affordable facility located at 2700 East 8th Street, National City, California; and (2) pay certain expenses incurred in connection with the issuance of the Bonds. The facilities are to be owned and operated by Granger Housing, LP, a California limited partnership or another partnership to be established by SDG Housing or an affiliate thereof. The Bonds and the obligation to pay principal of and interest thereon and any redemption premium with respect thereto do not constitute indebtedness or an obligation of the City of National City, the Authority, the State of California or any political subdivision thereof, within the meaning of any constitutional or statutory debt limitation, or a charge against the general credit or taxing powers of any of them. The Bonds shall be a limited obligation of the Authority, payable solely from certain revenues duly pledged therefor and generally representing amounts paid by the Borrower. The hearing will commence at 6:00 p.m. or as soon thereafter as the matter can be heard, and will be held in the Civic Center Council Chambers, City of National City, 1243 National City Boulevard, National City, California. Interested persons wishing to express their views on the issuance of the Bonds or on the nature and location of the facilities proposed to be financed may attend the public hearing or, prior to the time of the hearing, submit written comments. Additional information concerning the above matter may be obtained from, and written comments should be addressed to, City Clerk, City of National City, 1243 National City Boulevard, National City, California 91950. Dated: August 19, 2016 422 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 423 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City denying a street vacation request for vacation of 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) (P 423 of 504 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 6, 2010 AGENDA ITEM NO. ITEM TITLE: !Resolution of the City Council of the City of National City denying a street vacation request for vacation of 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). PREPARED BY: (Martin Reeder, AICP PHONE: 619-336-4313; EXPLANATION: DEPARTMENT: jPl APPROVED BY: 'n`74110.470 Armio The City Council held public hearings on December 16, 2014, March 17, 2015, June 2, 2015, June 7, 2016, and finally on June 21, 2016. At the June 21s1 public hearing the City Council closed the public hearing and asked staff to bring back a resolution for denial of the applicants' street vacation request based on current and prospective public use of the street proposed to be vacated. At the Council meeting of August 2, 2016, a vote to adopt the denial resolution failed, at which time the Council asked staff to bring back a subsequent resolution to approve the vacation request. The approval resolution was on the August 16, 2016 Council agenda, but adoption of the resolution failed for lack of a second. The City Council asked staff to return with a second denial resolution at a subsequent meeting. The attached resolution is needed to take action on the item. FINANCIAL STATEMENT: ACCOUNT NO. f ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: MIS STAFF RECOMMENDATION: Adopt the attached Resolution BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Resolution 424 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 425 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City in support of CEQA Project Alternative 4 for the San Diego Port District's Master Plan Amendment and National City Marine Terminal Tank Farm Paving and Street Closures Project. (Planning) 425 of 504 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 6, 2016 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City in support of CEQA Project Alternative 4 for the San Diego Port District's Master Plan Amendment and National City Marine Terminal Tank Farm Paving and Street Closures Project. (Planning) PREPARED BY: Raymond Pe PHONE: Ext. 4421 DEPARTMENT: Planning APPROVED BY: EXPLANATION: The Port has prepared a draft Port Master Plan Amendment (PMPA) as part of the National City Marine Terminal (NCMT) Tank Farm Paving and Street Closures Project. On September 8, the Board of Port Commissioners will consider the project and PMPA for adoption with or without modification following a public hearing. The Board will also consider certification of the Environmental Impact Report that was prepared for the project and PMPA. Port staff has recommended that the Board approve the proposed project and PMPA as analyzed in the EIR. Staff recommends that the City Council support the Port Master Plan Amendment as analyzed under Project Alternative 4 of the Environmental Impact Report. The alternative project differs from the proposed project only with regard to the proposed temporary Maritime Related Industrial Overlay. The attached background report outlines staff support for Project Alternative 4 of the EIR. FINANCIAL STATEMENT: Not Applicable ACCOUNT NO. APPROVED: APPROVED: Finance MIS ENVIRONMENTAL REVIEW: No further action is required under the California Environmental Quality Act since the action, as defined by CEQA, is not considered a project that has the potential to result in either a direct or indirect physical change in the environment. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Staff recommends that the City Council adopt a resolution in support of CEQA Project Alternative 4 for the Port Master Plan Amendment/Tank Farm Paving and Street Closures Project. BOARD / COMMISSION RECOMMENDATION: Not Applicable ATTACHMENTS: 1. Background Report. 2. EIR Comment Letter to Port (June 13, 2016) 426 of 504 Attachment 1 Background Report Staff recommends that the Board of Port Commissioners consider and adopt the EIR Project Alternative 4 to the proposed project. The "No Marine Related Industrial Overlay Alternative" (Alternative 4) would involve no overlay on the eastern half of Lot K or Port Parcel 028-007 (EIR Figure 3-5 attached). Under this alternative, the tank farm and street closures sites would still be graded and paved, the two structures on the former Weyerhaeuser site would still be demolished, and a new real estate agreement for vehicle storage would still be proposed. It would also include most of the short-term use permit sites except for Port Parcel 028-007 and the portion of Lot K east of the mean high tide line. Under this alternative, the Uplands Property (the eastern half of Lot K and Port Parcel 027-047 [east of Marina Way]) would still be incorporated into the PMP as Commercial Recreation land uses. This alternative estimates that if these sites are no longer used for maritime uses (i.e. vehicle storage), throughput would be reduced by 40,379 vehicles per year for a total of approximately 170,439 vehicles per year or 81% of the proposed project. Alternative 4 would still achieve all of the project objectives: 1. Implement a project that allows the District's tenant to meet current and anticipated future market demand for imports and exports in an effort to ensure the District remains competitive in the already highly competitive marketplace of water - dependent commerce. National City Comment: Although Alternative 4 could reduce throughput to 81% of the proposed project, the alternative still allows the District's tenant to meet current and future market demand to that extent. Since the anticipated demand is a future condition that will not be immediately realized, the District would not be precluded from subsequent action to achieve the remaining 19% in the future while throughput has not reached 100% of the anticipated market demand. There would be adequate time to take future actions to provide for the additional throughput capacity through other measures, e.g. site acquisition, re -lease of other sites that become available, operational improvements, parking structures, etc. 2. Implement a project that provides tangible economic benefits to the District and the greater San Diego region to help ensure continued prosperity for the District and region. National City Comment: Alternative 4 still achieves this objective. The alternative achieves 81% of the anticipated future market demand and does not preclude subsequent actions to achieve capacity through other measures to meet 100% of the anticipated demand. 3. Implement a project that helps to minimize the need for new marine terminals within the District's jurisdiction by maximizing the operating efficiency of the NCMT and surrounding areas, thereby helping to minimize environmental impacts across the 427 of 504 region while ensuring waterborne commerce continues to thrive within the San Diego Bay. National City Comment: Alternative 4 still achieves this objective. The alternative achieves 81% of the anticipated future market demand and does not preclude subsequent actions to achieve capacity through other measures to meet 100% of the anticipated demand. 4. Implement the District's mission to permit land uses consistent with the Public Trust and the Coastal Act, specifically water -dependent uses and marine -dependent commerce, fisheries, navigation, ecological preservation, and recreation. National City Comment: Alternative 4 still achieves this objective. The alternative achieves 81% of the anticipated future market demand and does not preclude subsequent actions to achieve capacity through other measures to meet 100% of the anticipated demand. 5. Incorporate District properties into the PMP that are not currently regulated by the PMP to ensure consistency with the Public Trust Doctrine and Port Act and allow for flexibility of land uses to facilitate meeting current and future needs. National City Comment: Alternative 4 still achieves this objective by incorporating the Uplands Properties into the Port Master Plan and does not preclude subsequent actions to achieve capacity through other measures to meet 100% of the anticipated demand. 6. Be consistent with the District's Climate Action Plan, Clean Air Program, and Jurisdictional Runoff Management Program, to ensure that the proposed project does not adversely affect the District's ability to attain its long-range environmental and sustainability goals. National City Comment: Alternative 4 still achieves this objective since it would not result in any additional physical changes than the proposed project. Furthermore, Alternative 4 would reduce the proposed project's Air Quality and Health Risk, Greenhouse Gas Emissions/Climate Change, and Noise and Vibration impacts as analyzed (EIR Summary Table 7-2). 428 of 504 K:1San D'eaoloroiects1Port of San Dieao100172 14Vmaodoc\IS MND\Fia03 5 Proo Comm Rec Parcels.mxd 3/29/2016 35528 It 1,411 n;•„ � w Leg en d Add to Port Master Plan and designate Commercial Recreation Add Marine Related Industrial overlay Currently designated Commercial Recreation in Port Master Plan Mean High Tide Line ICF IPITERNAT ON�L Figure 3-5 Proposed Commercial Recreation Parcels and Parcels with Marine Related Industrial Overlay "^"T Tank Farm Paving and Street Closures Project & PMPA 429 of 504 ` CALIFORNIA +-�- NATIONAL CITy June 13, 2016 Anna Buzaitis Senior Planner Environmental and Land Use Management Port of San Diego 3165 Pacific Highway San Diego, CA 92112-0488 ZATCORPORATL RE: Draft EIR - NCMT Tank Farm Paving and Street Closures Project & Port Master Plan Amendment Dear Anna, The City's comments on the Draft EIR are attached. The City is supportive of the proposed tank farm paving and street closures for the expansion of Pasha's vehicle storage operations to meet existing and anticipated future market demands. However, the City recommends that the other elements of the project be addressed as part of the Balanced Land Use Plan for the reasons enumerated in our comments. The City urges the Port to consider the adoption of one of the project alternatives without the proposed Marine Related Industrial Overlay, which would be more appropriately addressed in the Balanced Plan. Existing vehicle storage operations may continue on the subject lots within the City's jurisdiction with a use permit, which has been approved by the City in the past. The City is amenable to vehicle storage operations on these lots while working jointly with the Port on the Balanced Plan. The City is also supportive of the proposed street closures, which require a City public review process for street vacations consistent with the California Streets and Highways Code. Since the Port and City are moving forward with the Balanced Plan, any proposed land use changes should be considered in conjunction with the development of that plan since it is a comprehensive plan for the Marina District and Tidelands. The cumulative impacts analysis should include any potential impacts relevant to the Balanced Plan in the area of Land Use or Planning and should be reflected in the DEIR. Sincerely, Executive Director Attachments: Draft EIR Comments 1243 National City Boulevard, National City, California 91950 (619) 336.4240 www. .gov 430 of 504 NCMT TANK FARM PAVING & STREET CLOSURES PROJECT & PMPA City of National City Comments on Draft EIR June 13, 2016 Land Use & Planning Comments: Raymond Pe Principal Planner 1. The inclusion of renewing short-term use permits (especially those regarding Port Parcel 025-010-D/Lot K) as part of the Tank Farm project is piece-mealing and inappropriate segmentation of the Balanced Land Use Plan. The short-term use of these parcels is not functionally related to or part of the Tank Farm Project, but is rather part of the land uses to be addressed in the overall Balanced Plan. Any type of land use change for Port Parcel 025- 010-D/Lot K, Port Parcel 027-047, and Port Parcel 028-007 is properly part of the overall Balanced Plan. 2. The Port should include and address Port Parcel 025-010-D/Lot K and Port Parcel 027-047 as part of the Balanced Plan project, as the Balanced Plan will look at the consistency with and include amendments to the City's Harbor District Specific Area Plan (including the B-1 and B- 2 parcels) and other land use plans. The City believes including the B-1 and B-2 sites as part of the Tank Farm project circumvents the CEQA process. The proposed overlay regarding the B-2 site is inconsistent with the City's Harbor District Specific Area Plan (HDSAP), General Plan, Land Use Map, Zoning Map, and the recent Balanced Plan as approved by the District Board of Commissioners. The proposed overlay regarding Port Parcel 028-007 is inconsistent with the recent Balanced Plan as approved by the District Board of Commissioners 3. The proposed inclusion of the B-1 and B-2 parcels into the PMP does not transfer land use jurisdiction over the properties to the Port in the absence of amendments to and concurrence by the City's land use plans (HDSAP, General Plan, Land Use Map, and Zoning Map). The Tank Farm project does not include any such amendments. While the City recognizes that the Port and City disagree over which entity has land use authority over the B-1 and B-2 parcels, the Balanced Plan does provide the opportunity for City land use plan amendments to be considered as part of a joint planning effort between the Port and the City. 4. The proposed implementation of the marine related industrial overlay would be inconsistent with the Board of Commissioners' recent action on the Balanced Plan, which includes land use changes and planning for Port Parcels 025-010-D, 027-047, and 028-007. To include these sites into the Tank Farm Project will piece -meal the Balanced Plan and create immediate inconsistencies with that plan and City land use plans. The City requests the Port to examine these parcels as part of the Balanced Plan and remove them from the 1 431 of 504 Tank Farm Project. To the extent various Alternatives include removing the overlay zone as part of the Tank Farm project, the City urges the Port to consider those alternatives; and, instead address the overlay in the Balanced Plan. The throughput will not be decreased because the throughput can occur with a permit from the City for the auto storage upon the B-2 lot, which the City has approved in the past. 5. Since the Port and City are moving forward with the Balanced Plan, any proposed land use changes should be considered in conjunction with the development of that plan since it is a comprehensive plan for the Marina District and Tidelands. The cumulative impacts analysis does not appear to examine or include any potential impacts from the Balanced Plan in the area of Land Use or Planning. The Balanced Plan is a joint planning effort with the Port as the lead agency. Conceptual approval by the Port has occurred, which should be reflected in the DEIR (e.g. DEIR p. 5-7), and the Balanced Plan should be considered in the cumulative impacts analysis of Land Use and Planning impacts. 6. The project describes Quay Avenue, 28th Street, and 32nd Street as non -dedicated District streets or roads. However, the Tideland Conveyance to the District in 1963 includes segments of Quay Avenue and 28th Street as public rights -of -way, shown on the attached conveyance map exhibit and sewer easement plan sheet, which are controlled and maintained by the City and have not been closed. Street vacations must go through a City public review process consistent with California Streets and Highways Code Sections 8320- 8325. 7. The baseline condition for project impact analysis for Lot K should be the last date (June 30, 2002) that the land use was legally permitted pursuant to the applicable coastal development permit and conditional use permit (CDP-1999-2/CUP-1999-3). Public Works/Engineering Comments: Stephen Manganiello Director of Public Works / City Engineer 8. Roadway segment traffic analysis for all scenarios should include Marina Way and W. 32nd Street, particularly when analyzing cumulative traffic impacts due to closure of Tidelands Avenue south of Bay Marina Drive. 9. Cumulative traffic analysis scenarios do not appear to accurately reflect operations at the intersections of Bay Marina Drive and 1-5 ramps. For example, all near term and long term scenarios show improvements to level of service (LOS) and delay at these two intersections when compared to existing conditions, while the study does not report any changes to intersection geometry or capacity. If improvements to LOS and delay are achieved simply 432 of 504 by optimizing signal timing at these two intersections, the study should clearly state as such. We request copies of the traffic signal analysis data sheets from Synchro or other software used to analyze the study intersections for all scenarios to verify analysis results. 10. Redistribution of traffic due to closure of Tidelands Avenue south of Bay Marina Drive is not clearly presented in the traffic analysis. For example, the analysis does not indicate where the 2,800 cumulative traffic volumes along Tidelands Avenue under long-term conditions will re-route after roadway closure. 11. The project may have a cumulatively significant impact on emergency vehicle access under the Tidelands Avenue closure scenarios, as the project does not propose to contribute a fair share towards realignment and reconstruction of Marina Way to accommodate emergency vehicles. Under existing conditions, emergency vehicles access this area of the National City Marine Terminal, Pepper Park, and Pier 32 Marina through Tidelands Avenue, as Marina Way between Bay Marina Drive and W. 32nd Street is not designed to accommodate emergency vehicles due to a series of speed humps and a narrowing of the roadway width at various locations. 12. The project may have a cumulatively significant impact on bicycle access under the Tidelands Avenue closure scenarios, as the project does not propose to contribute a fair share towards the realignment and reconstruction of the Bayshore Bikeway, which will be displaced due to the roadway closure. 13. The project may have a cumulatively significant impact on public parking under the Tidelands Avenue closure scenarios, as the project does not propose to contribute a fair share towards relocation of public parking, which will be displaced due to the roadway closure. Fire Department Comments: Robert Hernandez Battalion Chief/ Fire Marshal / Fire Investigator 14. Proposed closure of Tidelands Avenue. The road description is a 60 foot wide roadway consisting of an asphalt surface. Parking is allowed on both sides of the streets per code. In addition, concrete curbs run the length of roadway found on both east and west sides of the street. The roadway beginning from Bay Marina Boulevard traveling south, and terminating at the foot of Pepper Park, is approximately 2,542.45 feet in length. An additional roadway is found at Bay Marina Boulevard and Bay Marina Way. An asphalt surface with no parking and parking on certain sections of the street are allowed per code. Bay Marina Way has a concrete sidewalk located on the east side of the street. Bay Marina 433 of 504 Way is a 10 to 50 foot wide roadway which varies along its path of travel. The roadway beginning from Bay Marina Boulevard traveling south on Bay Marina Way, to the foot of Pier 32 is approximately 2,542.45 feet in length. Bay Marina Way contains speed humps/bumps. 15. Description of Concern. Historically, having only one road which is used for the entrance and exit of emergency traffic is hazardous and a major life safety concern in a heavily used commercial/mixed use zone. The need for adequate access to the Aquatic Center, Pier 32 Marina, Pier 32 Second Floor Apartment, Pepper Park, and Boat Ramp require additional roadways. Marina Way access provides limited/slow accessibility due to topography and width of road. Additionally, speed control devices will further hamper the required National Fire Protection Agency (NFPA) recommended response time of 6 minutes or less within this zone. 16. Code Analysis. Obstructing a means of egress or limiting the means of egress to a single route has historically been shown to be detrimental to life safety and is therefore prohibited by California Fire Code (CFC) Section 503.1.1. Further, the fire code official is authorized to require more than one fire apparatus roadway based on the potential for impairment of a single road by vehicle congestion, condition or terrain, climatic conditions, or other factors that could limit access California Fire Code (CFC) Section 503.1.1. 17. Hazard Analysis. According to the NFPA "Fires in the U.S." in 2013 (the most recent survey of fire related losses), there were 1,240,000 fires reported in the United States. These fires caused 3,240 civilian deaths, 15,925 civilian injuries, and $11.5 billion in property damage. a) 487,500 were structure fires, causing 2,855 civilian deaths, 14,075 civilian injuries, and $9.5 billion in property damage b) 188,000 were vehicle fires, causing 320 civilian fire deaths, 1050 civilian fire injuries, and $1.3 billion in property damage c) 564,500 were outside and other fires, causing 65 civilian fire deaths, 800 civilian fire injuries, and $607 million in property damage 18. Further, in 2013 in the United States, a fire department responded to a fire every 25 seconds. One structure fire was reported every 65 seconds. a) One home structure fire was reported every 85 seconds b) One civilian fire injury was reported every 33 minutes c) One civilian fire death occurred every 2 hours and 42 minutes 434 of 504 d) One outside fire was reported every 56 seconds e) One vehicle fire was reported every 167 seconds 19. Based on this analysis, I judge that the risk of a fire event which may result in loss of life or property is high. In addition, the opportunity for an emergency of underground infrastructure resulting in the closure or limited access of the only roadway to these areas in an emergency would be catastrophic. 20. California Fire Code Requirements (CFC): a) Fire apparatus access roads shall be provided and maintained in accordance with sections 503.1.1 b) Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction. Fire apparatus access roads shall comply with the requirements of this section and shall extend to within 150 feet of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility c) The fire code official is authorized to require more than one fire apparatus based on the potential for impairment of a single road by vehicle congestion, condition or terrain, climatic conditions or other factors that could limit access d) Fire department vehicle access to buildings used for high -piled storage shall comply with the applicable provisions of Chapter 32 (High -Pile Combustible Storage) e) Fire Apparatus access roads shall be installed and arranged in accordance with CFC sections 503.2.1— 503.2.8 f) Fire department access roads shall have an unobstructed width of not less than 20 feet, exclusive of shoulders, except for approved security gates in accordance with section 503.6 (Key Boxes) and the unobstructed vertical clearance of not Tess than 13 feet 6 inches g) The fire code official shall have the authority to require an increase in the minimum access widths where they are inadequate for fire or rescue operations h) Fire apparatus roads shall be designed and maintained to support the imposed loads (75,000 lbs.) of an apparatus and shall be surfaced so as to provide all -weathered driving capabilities i) The grade of the fire apparatus access road shall be within the limits established by the fire code official based on the fire department's apparatus (15% Grade) j) The angles of approach and departure for fire apparatus access roads shall be within the limits established by the fire code official based on the fire department's apparatus k) 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 435 of 504 fire apparatus access roads to identify such roads or prohibit the obstruction thereof. The means by which fire lanes are designed shall be maintained in a clean and legible condition at all times and be replaced or repaired when necessary to provide adequate visibility I) Fire apparatus access roads shall not be obstructed IN ANY MANNER including the parking of vehicles. The minimum widths and clearances established in section 503.2.1 (Dimensions) shall be maintained at all times m) Fire hydrants to be located throughout the project as not to have a separation distance greater than 400 feet. Fire hydrants to be located within 400 feet of all locations which are roadway accessible. (Measurement starts from nearest existing fire hydrant to project) n) The required width of emergency fire apparatus access roads shall not be obstructed in any manner, including parking of vehicles. All access roads shall be no less than 20 feet wide, no less than 14 feet high and shall have an all weathered road with the ability to support 75 thousand pounds or greater. Where a fire hydrant is located on a fire apparatus road, the minimum road width shall be 26 feet. All turns available for fire access and travel shall maintain a minimum of a 28 foot radius o) Buildings or portions of buildings or facilities exceeding 30 feet in height above the lowest level of fire department vehicle access shall be provided with approved fire apparatus access roads capable of accommodating fire department aerial apparatus. Overhead utility and power lines shall not be located within the aerial fire apparatus access roadway where a fire hydrant is located on a fire apparatus road, the minimum road width shall be 26 feet. All turns available for fire access and travel, shall maintain a minimum of a 28 foot radius p) Fire access roads in excess of 150 feet to furthest end of property from a public street shall be provided with width and turnaround provisions q) Marina Way access provides limited/slow accessibility due to topography and width of road. Additionally, speed control devices will further hamper required National Fire Protection Agency suggested response times of 6 minutes or less to a commercial/industrial zone. 21. California Code of Regulations Title 19 Division 1— 3.05 (A) (CCR): Required access roads from every building to a public street shall be all —weathered hard —surfaced (suitable for use by fire department apparatus) right-of-way not less than 20 feet in width. Such right-of-way shall be unobstructed and maintained only as access to the public street. -- End of Comments -- 436 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 437 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City, 1) accepting a $12,000 grant from the Greater San Diego City Tennis Council, including maintenance provisions and requirement to host an annual Family Day; and 2) authorizing the appropriation o 437 of 504 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 6, 2016 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City, 1) accepting a $12,000 grant from the Greater San Diego City Tennis Council, including maintenance provisions and requirement to host an annual "Family Day"; and 2) authorizing the appropriation of $36,000 in the El Toyon Park Improvements CIP account from Park & Recreation Capital Outlay Fund fund balance to satisfy the grant's local match requirement. PREPARED BY Stephen Manganiello DEPARTMENT: Engineering/Public Works PHONE: 336-4382 APPROVED BY: EXPLANATION: See attached. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt Resolution accepting a $12,000 grant from the Greater San Diego City Tennis Council and authorizing the appropriation of $36,000 from Park & Recreation Capital Outlay Fund fund balance for local grant match. BOARD 1 COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Grant Award Letter 3. Resolution 438 of 504 EXPLANATION In June 2016, staff received a petition signed by approximately 150 residents, in addition to handwritten letters from local students, requesting improvements to El Toyon Park. The requests included improvements to park restrooms, more drinking fountains, new playground equipment, and repairs to the basketball and tennis courts. Council previously allocated funding through the City's Capital Improvement Program to install new restrooms, which will be open to the public later this month, and new playground equipment, which is scheduled to be installed in Spring 2017. ,Staff was made aware of a grant opportunity through the Greater San Diego City Tennis Council (GSDCTC) to repair the tennis courts, which would include partial funding for court resurfacing, expansion joint caulking and new nets. After receiving quotes from tennis court repair contactors, staff submitted a grant application to the GSDCTC on July 19, 2016, requesting funding for tennis court repairs. The quotes, petition and letters of support were attached to the grant application. On July 23, 2016, staff received a letter of commitment from the GSDCTC pledging $12,000 towards the cost of the tennis court repairs (see attached letter). The GSDCTC will reimbursement the City up to $12,000 pending the following commitments from the City: 1) provide a local match to cover the remaining cost of improvements; 2) provide regular court maintenance including daily trash and debris removal, and monthly court washing to remove sand and grit; and 3) coordinate with GSDCTC to schedule an annual "Family Day" at no cost to the public. Staff would be expected to assist with set- up and promotion of the event, while GSDCTC would provide tennis instructors and prizes for the kids. The total cost to complete the recommended repairs to the four tennis courts at El Toyon Park is estimated at $48,0OO. Therefore, staff is requesting appropriation of $36,000 in the El Toyon Park Improvements CIP account from Park & Recreation Capita! Outlay Fund fund balance to satisfy the grants local match requirement. 439 of 504 r 4 e I I Y• 'FI .JNIi Co/ Rr.I1 5111 4: 3 President Ben Press Vice President David Gill Vice President Geoff Griffin Vice President Tuui O'Brien Secretary Treasurer Roz King 22 1 Morley Field .Dr. San Diego Lk. 9 f' Gil- 88-1795 D L 1+ 1 1L & 1' r- r] r t_) ILLV og.PI. III_If 11 1 Jiiy 23th, 2016 Steven Manganieiio Director of PublicWarks/City Engineer 1243 National City Blvd. National City, CA 91950 Dear Steven, This,a letter of commitment to your grant request and court repair bids for El Toyon Park, 2500 E. 4th St., National City, 91950. The Tennis Council will provide $12,0.00 toward this project with the expectation that the other previsions outlined on the grant request are honored. We look forward to being a partner with National City in this great community project. Sin ereiy, !1ozwcrng Secretary Treasurer CC/CDC-HA Agenda 9/6/2016 — Page 441 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City adopting amended City Council Policy # 118 - City Council attendance at staff -level working groups. (City Manager) 441 of 504 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 6, 2016 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City adopting amended City Council Policy #118 — City Council attendance at staff -level working groups PREPARED BY: ' Leslie Deese, City Manager PHONE: 619.336.4240 EXPLANATION: DEPARTMENT: City Manager APPROVED BY:.. The duration for any one Councilmember to serve on an established staff -level working group is for a two-year period from the Date of Determination. At the August 16, 2016 City Council meeting, the City Council directed Policy #118 be amended to include language that the effective date of the two-year period shall be applied retroactively two years from the date of policy adoption to any City Councilmember(s) participating on a staff -level working group(s) at the time of policy adoption. All future participation will be for a period of two years from the Date of Determination. The position of Mayor is not subject to the two-year rotation. FINANCIAL STATEMENT: ACCOUNT NO. (NIA1 ENVIRONMENTAL REVIEW: 0IfAi ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: N/A BOARD I COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1) Resolution 2) Draft - City Council Policy #118 3) Draft — City Council Policy #118 (strikeout version) 4) Staff reports for August 16, ,tune 21, June' "'"' " 5) Minutes of April 19, 2015 442 of 504 3, 2016, and May 19, 2015 CITY COUNCIL POLICY OTT OF NATIONAL CITY TITLE: City Council Attendance at Staff -Level Working Groups POLICY # 118 ADOPTED: June 21, 2016 AMENDED: 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 rneeting(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 formai 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 legislative body, irrespective of their composition, which have Page 1 of 4 443 of 504 TITLE: City Council Attendance at Staff -Level Working Groups POLICY # 118 ADOPTED: June 21, 2016 AMENDED: 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 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 II 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 councilmembers) 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. Page 2 of 4 444 of 504 TITLE: City Council Attendance at Staff -Level Working Groups POLICY #. 118 ADOPTED: June 21, 2016 AMENDED: 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 Councilmember to serve on an established staff -level working group is for a two (2) year period from Date of Determination. The position of Mayor is not subject to the two-year rotation. Based on the established criteria, by virtue of his/her position, the Mayor may serve for an undetermined duration. Should the Mayor at any time decline to participate on a staff -level working group or state an intent to withdraw from a staff -level working group upon which he/she has been a member, Councilmembers may be offered the opportunity to attend following the criteria and procedures outlined herein. 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. Upon establishment of such, the City Manager will send written notification of mayoral and/or councilmember participation to the full City Council to include the name(s) of the councilmember(s) and the Date of Determination thereof. Page 3 of 4 445 of 504 TITLE: City Council Attendance at Staff -Level Working Groups POLICY # 118 ADOPTED: June 21, 2016 AMENDED: 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. Effective Date of Two -Year Period This two-year period shall be applied retroactively two years from the date of policy adoption to any City Councilmember(s) participating on a staff -level working group(s) at the time of policy adoption. All future participation will be for a period of two years from the Date of Determination. 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 4 446 of 504 CITY COUNCIL POLICY G1TY OF NATIONAL CITY TiTLE: City Council Attendance at Staff-Llevel Working Groups POLICY # 116 ADOPTED: June 21, 2016 AMENDED: ++ _ f Backoround: 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 oouncilmembers. 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 Iifespen 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 Biowri Ad. 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 legislative body, irrespective of their composition, which have Page l of 4 447 of 504 TITLE: City Council Attendance at Staff-Laevel Working Groups POLICY # 118 ADOPTED: June 21, 2016 AMENDED: 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 oouncilmembers 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 and whose participants are determined by staff are not subject to the Brown Act. The legislative body must refrain from taking formai 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 formai action by city to establish the group. Epstein v. Hollywood Entertainment District II Business. Improvement District, 87 Cal.App. 41h 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 Ad. 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 members) 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. Page 2of4 448 of 504 TiTLE: City Council Attendance at Staff-Ltevei Working Groups POLICY # 118 ADOPTED: June 21, 2016 AMENDED: 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 Councilmember to serve on an established staff level working group is for a two (2) year period from Ddate of Ddetermination, The position of Mayor is not sublect to the two-year rotation. Based on the established criteria, by virtue of his/her position. the Mayor may serve for an undetermined duration_ Should the Mayor at any time decline to participate on a staff -level working ciroun or state an intent to withdraw from a staff -level working group upon which he/she has been a member, Counciimembers may be offered the opportunity to attend followinc the criteria and procedures outlined herein. 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 councrlmember(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. Upon establishment of such, the The City Manager will send written notification of mayoral andlor oouncilmember participation to the full City Council to include the name(s) of the councilmember(s) and the Date of Determination thereof.-ef the ombe Page 3 of 4 449 of 504 TITLE: City Council Attendance at Staff -Level Working Groups POLICY # 118 ADOPTED: June21, 2016 AMENDED: 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 wiir respect the prohibition against serial meetings. Effective Date of Two -Year Period This two-year period shall be applied retroactively two years from the date of policy adoption to any City Councilmember(s) participating on a staff -level working oroup(s) at the time of policy adoption. All future participation will be for a period of two years from the Date of Determination. ADOPTED: Juno 21, 2016 AMENDED: 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 Formatted: Indent: Left 4S", No bullets or numbering 450 of 504 CITY,OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 16, 2016 AGENDA ITEM NO. 24 ITEM TITLE: City Council Policy #118 - City Council attendance at staff -level working groups PREPARED BY1 Leslie Deese, City Manager PHONE; 336-4240 EXPLANATION: At the August 2, 2016 City Council meeting, Councilmember Council discussion at the August 16, 2016 meeting. Background: DEPARTMENT; City Mans_ APPROVED BY Mendivil requested this item return for At the June 21, 2016 meeting, the City Council adopted Policy #118, after discussing their attendance at staff level working groups, the process to be used when more than two members desire to attend working group meetings, and clarifying that the position of Mayor would have the first right of refusal to attend. 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. twAl ENVIRONMENTAL REVIEW: 1N/AE ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Request Council direction. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1) City Council Policy #118 2) Staff reports for June 21, 2016, June 7, 2016, May 3, 2016, and May 19, 2015 3) Minutes of April 19, 2015 451 of 504 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: City Council Attendance at Staff -level Working Groups POLICY # 118 ADOPTED: June 21, 2016 AMENDED: 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: 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 legislative body, irrespective of their composition, which have Page 1 of 4 452 of 504 TITLE: City Council Attendance at Staff -level Working Groups POLICY # 118 ADOPTED: June 21, 2016 AMENDED: a continuing subject matter jurisdiction, or a meeting schedule fixed by chatter, 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 l! 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. Page 2 of 4 453 of 504 TITLE: City Council Attendance at Staff -level Working Groups POLICY # 116 ADOPTED: June 21, 2016 AMENDED: 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 councilmernber(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. Page 3 of 4 il 454 of 504 TITLE: City Council Attendance at Staff -level Working Groups POLICY # 118 ADOPTED: June 21, 2016 AMENDED: 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 3 455 of 504 a>d.ti+.porat'. L.111V/% IMI CM C1111 1 METING DATE: June 21, 2016 AGENDA ITEM NO. 30 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 APPROVED BY•r��� PHONE: } 336-4240 1 EXPLANATION: At its June 7, 2016 meeti , the City Council discussed City Council attendance at staff -level working groups and the process t he used to select the members (s) who would attend the working meetings. The revised policy is provided for City Councils consideration. group p 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. V1Al APPROVED: Finance APPROVED: MIS ENVIRONMENTAL REVIEW: IN/P1 1 1 ORDINANCE: INTRODUCTION: 171 FINAL ADOPTION: � 1 l STAFF RECOMMENDATION: Adopt the Resolution BOARD 1 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 456 of 504 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: City Council Attendance at Staff -level Working Groups POLICY # 118 ADOPTED: June 21, 2016 AMV1ENJDED: L 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 meetings). Brown Act ApoIicabiIfty 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 legislative body, irrespective of their composition, which have Page l of 4 457 of 504 TITLE: City Council Attendance at Staff -level Working Groups POLICY # 118 ADOPTED: June 21, 2016 AMENDED: 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 Tess 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.4ih 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. 4ih 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 meetings) 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. Page 2 of 4 458 of 504 TITLE: City Council Attendance at Staff -level Working Groups POLICY # 118 ADOPTED: June 21, 2016 AMENDED: 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. Page 3 of 4 r 459 of 504 TITLE: City Council Attendance at Staff -level Working Groups POLICY # 118 ADOPTED: June 21, 2016 AMENDED: 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 4 460 of 504 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 214 day of June, 2016. ATTEST: i Michael R. Della, City Cleric APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor 461 of 504 r..s I t u VtL4ri ny a �1n °Jt icy COUNCIL AGENDA STATEMENT MEETING DATE: June 7, 2016 AGENDA ITEM NO. ITEM TITLE: City Council attendance at Staff -level Working Groups and consideration of draft City Council Policy #118 PREPARED MI Leslie Deese, City Manager PHONE: ; 336-4240 EXPLANATION: See attached. DEPARTMENT: City Manager APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. IN/A ENVIRONMENTAL REVIEW: 1/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION; Council direction requested BOARD 1 COMMISSION RECOMMENDATION: tI ff ATTACHMENTS: 1. Draft City Council Policy #118 2. May 3, 2016 Staff Report 3. April 19, 2016 Minutes 4. May 19, 2015 Staff Report 1 462 of 504 Staff Report: City Council Attendance at Staff -level Working Groups and Consideration of Draft City Council Policy #11 S At its May 3, 2016 meeting, the City Council directed staff to place an item on a subsequent agenda to discuss councilmernber 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. cka rould he 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 Clty 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: 463 of 504 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 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 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 LabordManagemenf Benefits Committee, 200 Cal.App.4t 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 Ca1.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. 464 of 504 Staff Recommend_ ion: 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 465 of 504 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, co _ ees, commissions, and other groups. The city council is comprised of the m d four councilmembers. The city ma ger is responsible for the administ € � affairs, day-to-day operations, ii#nplementation of council policies, p the i n between the city council and city staff. On occasion and as - d, the city n;er may form a working group of subject matter experts to1e_=lst in certain ma ._ Based on the city manager's responsibilities, the working groom's need, establishmerit-and composition is determined by the city manager. This type of wincing grp is separa:and distinct from a working group or other typ, f group whiWifned by action o the City Council. This Policy is limited to ger forml*yorking groups. The lifespan of a working group can t a re betvIe" t a few months to several years. Such groups hauerattendency" , everiii4 - uasilitttrhanent existence when the assigned task is act} _ s `= hence t '_ne =tl d or Ohase-out the working group once it has 1(s). Staff working groups establish have want meeting City Council atten the Brown Act. Gene Council is subject to the e development and completion of nstances when elected officials may ubje w ing group and the City Manager may � ei r= ' E� __ 1ected o --5als to attend the working group ing group meetings must be done in compliance with appointed body created by formal action of the City own 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 466 of 504 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 iegistative 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, votuntee_groups, task forces, blue ribbon committees, and working groups.24, Advisory committees (composed solely of council quorum) are not considered legislate bodies su standing committees. Standitg committees committee (regardless of co position) is subject matter jurisdiction; or, 2) a meeti legislative body. Accordingly, an advisory quorum of the legislative body th = serves a 11 (temporary) is not subject to the a__,, Act (com committees). Working groups created by staff an subject to the Brown legis which could be co committee. A body 'into existence' the . Comm "playa to es tmpmo that could the composit councilmembe subject to the Bro Purpose To establish a policy that provides a mechanism to select the councitmember(s) to attend a staff -level working group meeting(s) and the Length of time the members) 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. bject to as having e edule fixed by fo ee • r . rised sol for a limit erred to as ad comprising less than a town Act unless they are own Act, A standing a continuing ction of the less than a e eterrnined by staff are not taking formal action 1 act ,` x u 7,; as ; k ;_ reation of a council ated" if ' r:_ } t_ council ,• layed a role' in bringing .. miens :f - v. Joint Labor/Management Benefits p was "created" by city when the city even though no formal action by city olywo • tertainment District II Business 862 (2001)). in the event there Is action taken islative body, such action in conjunction with inc uding various individuals (not limited to solely the working group becoming a standing committee 467 of 504 Policy. There are a number of methods or procedures that could be used to determine which member(s) would attend staff -bevel working group meetings and duration of participation. • Draw straws O Flip a coin (coin toss) • Draw names' from box • By seniority The city clerk is designated as the facilitator of the et cii's preferred method of selection._: r_ r Related Policy References City Council Policy #1 O8 National City Municipal Code, Cha Government Code section 3485 Ralph M. Brown Act Rosenberg's Rules of Order Prior Poll Amen 468 of 504 "l1111 o+ar's. V Iin,' LIII LIN MEETING DATE: May 3, 2016 AGENDA ITEM NO 19 ITEM TITLE: amity Council discussion and direction on City Council participation ore staff working grows, and more specifically, the National City/Port of San Diego Working Group, p PREPARED BY( Leslie Deese, City Mana ] DEPARTMENT: City Manager PHONE:� 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 discuss 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 City/Port working group. i FINANCIAL STATEMENT: ACCOUNT NO. PN/iN APPROVED: Finance APPROVED: MIS ENVIRONMENTAL REVIEW: IN/Ai ORDINANCE: INTRODUCTION: 171 FINAL ADOPTION: El STAFF RECOMMENDATION: Council direction requested. BOARD I COMMISSION RECOMMENDATION: ATTACHMENTS: Agenda item from May 19, 2015 469 of 504 Book 98 'Page 79 04-49-2018 STAFF REPORTS (cont.) AQUATIC CENTER ADMIN (702-13-ii) 24. Update on Negotiations with Southwestern College to Operate the National City Aquatic Center. (Community Services) Brad 1Rauiston, Executive Director reported that the Southwestern College Board deferrer 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 F cilities Use Permit that would allow the facility to be used during a summ r. The goal is to open the facility on June 8th or 9rh. KIMBALL PARK I SKATE PARK ADMIN (702.14 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 Mariacfii 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 brine back at the net meeting an agenda Item to discuss the Pprt Step 41riirnittee grid kw it is the = r .r i..: * qa� .oartloil ate,J 't cprrmrf(ee. trled`-by.1he fdilawrhg vote, t;. tw Ayes; Cano, Mendivil,. Morrison. Nays: Rios, Sbtelo-Stills. Abstain: None. Absent: None, Member Sotelo-Solis said. she attended the Environmental. Health. Coalition Gala; testl d gaVre the Legislature on the Environmental JustieW8111 and-.spolce at the b le San Disgadership Alliance. Member Sotelb-S lis said the w,es interested in afi in-house Economic Development person; look{ng into securrnw a grocery store on the west side and had invited a representative from SANDAL to make a presentation to Council on crime statistics. 470 of 504 MEETING DATE; IT EIS TETLE CITY OF NATIONAL CITY, CALIFORNIA. COUNCIL AGENDA STATEMENT May 19, 2015 City of National City Ad -Hoc Committees and Working Groups PREPARED BY:,Leslie Deese', City Manager PHONE: ; 336-4240 EXPLANATION. Please see attached Staff Report FINANCIAL STATEMENT: ACCOuw1 NO. IN/AI ENVIRONMENTAL RFtlEw: IiA ORDINANCE: INTRODUCTION: 1 STAFF REDOMMEN[AT1AN Request Council direction AGENDA ITEM NO. DEPARTMENT: City Manager APPROVED BY; APPROVED: APPROVED: FINAL ADC P?"IQN:rri BOARD t COMMISSION RECOMMENDATION: �1ilA ATTACHMENTS: Staff Report Finance MIS 471 of 504 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 councilrnember'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 a War Memorial Committee Each of the ad -hoc committees noted above is comprised of two counciimembers with the exception of the War Memorial Committee which is comprised of community members, military veterans, and City staff. Working Grows: National City also has staff initiated working groups that are con -prised of representativesfrom 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 isdefined 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: a 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 City/Port of San Diego working group includes City staff, Port staff, National City Port Commissioner, and two Councilmembers. 472 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 473 The following page(s) contain the backup material for Agenda Item: Resolution approving, authorizing and directing execution of a joint exercise of powers agreement relating to the California Municipal Finance Authority and approving the issuance of revenue bonds by the authority to finance a 180-unit multifamily afforda 473 of 504 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 6, 2016 AGENDA ITEM NO. ITEM TITLE: Resolution approving, authorizing and directing execution of a joint exercise of powers agreement relating to the California Municipal Finance Authority and approving the issuance of revenue bonds by the authority to finance a 180-unit multifamily affordable housing facility for the benefit of Granger Housing, LP, and certain other matter relating thereto. PREPARED BY: Carlos Aguirre, Community Dev. Manager PHONE: (619) 336-4391 EXPLANATION: See Attachment No. 1. DEPARTMENT: Housing & Economic Dev. APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. There is no fiscal impact to the City. ENVIRONMENTAL REVIEW: Not applicable to this report. ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution BOARD / COMMISSION RECOMMENDATION: Not applicable to this report. ATTACHMENTS: Attachment No. 1: Background Report Attachment No. 2: Public Notice Attachment No. 3: Indemnification and Insurance Agreement Attachment No. 4: Resolution 4/4 OT bU4 Attachment No. 1 TEFRA Hearing and Resolution for Granger Apartments Conduct a public hearing under the Tax and Equity Fiscal Responsibility Act ("TEFRA") on August 16, 2016 in connection with the proposed issuance of revenue bonds by the California Municipal Finance Authority ("CMFA"), a joint exercise of powers authority and public entity of the State of California, in an amount not to exceed $50,000,000, (the "Bond"), used to finance or refinance the costs of the acquisition, rehabilitation and improvement of an existing 180-unit multifamily affordable facility located at 2700 East 8th Street in the City, and is commonly known as Granger Apartments (the "Project"). Adopt a resolution to become a member of the CMFA and to approve the financing of the Project by the CMFA. Recommendations 1) Conduct the public hearing under the requirements of '1'1 FRA and the Internal Revenue Code of 1986, as amended (the "Code"). 2) Adopt the resolution approving the issuance of the Bonds by the CMFA for the benefit of Granger housing, LP or any subsidiary or affiliate created by SDG Housing, a California nonprofit corporation and an organization described in Section 501(c)(3) of the Internal Revenue Code of 1986 (the `Borrower"), to provide for the financing of the Project, such adoption is solely for the purposes of satisfying the requirements of TEFRA, the Code and the California Government Code Section 6500 (and following). The resolution will also authorize the Mayor or designee thereof to execute the Joint Exercise of Powers Agreement with the CMFA. BACKGROUND: SDG Housing requested that the CMFA serve as the municipal issuer of the Bonds in an aggregate principal amount not to exceed $50,000,000 of tax-exempt revenue bonds. The proceeds of the Bonds will be used to finance or refinance the costs of the acquisition, rehabilitation and improvement of an existing 180-unit multifamily affordable facility located at 2700 East 8th Street in the City, to be owned and operated by the Borrower In order for all or a portion of the Bonds to qualify as tax-exempt bonds, the City of National City must conduct a public hearing (the "TEFRA Hearing") providing for the members of the community an opportunity to speak in favor of or against the use of tax-exempt bonds for the financing of the Project. Prior to such TEFRA Hearing, reasonable notice must be provided to the members of the community. Following the close of the TEFRA Hearing, an "applicable elected representative" of the governmental unit hosting the Project must provide its approval of the issuance of the Bonds for the financing of the Project. CALIFORNIA MUNICIPAL FINANCE AUTHORITY: 475 of 504 The CMFA was created on January 1, 2004 pursuant to a joint exercise of powers agreement to promote economic, cultural and community development, through the financing of economic development and charitable activities throughout California. To date, over 240 municipalities have become members of CMFA. The CMFA was formed to assist local governments, non-profit organizations and businesses with the issuance of taxable and tax-exempt bonds aimed at improving the standard of living in California. The CMFA's representatives and its Board of Directors have considerable experience in bond financings. EXECUTION OF THE JOINT EXERCISE OF POWERS AGREEMENT: In order for the CMFA to have the authority to serve as the issuer of the bonds for the Project, it is necessary for the City of National City to become a member of the CMFA. Attached to this report is a copy of the Joint Exercise of Powers Agreement to be executed by a designated signatory of the City. The Joint Exercise of Powers Agreement provides that the CMFA is a public entity, separate and apart from each member executing such agreement. The debts, liabilities and obligations of the CMFA do not constitute debts, liabilities or obligations of the members executing such agreement. There are no costs associated with membership in the CMFA and the City will in no way become exposed to any financial liability by reason of its membership in the CMFA. In addition, participation by the City in the CMFA will not impact the City's appropriations limits and will not constitute any type of indebtedness by the City. Outside of holding the TEFRA hearing, adopting the required resolution and executing the Joint Exercise of Powers Agreement of the CMFA, no other participation or activity of the City or the City Council with respect to the issuance of the Bonds will be required. The Joint Exercise of Powers Agreement expressly provides that any member may withdraw from such agreement upon written notice to the Board of Directors of the CMFA. In the case of the proposed bond financing for the Borrower, the City following its execution of the Joint Exercise of Powers Agreement, could, at any time following the issuance of the Bonds, withdraw from the CMFA by providing written notice to the Board of Directors of the CMFA. FISCAL IMPACT: The Bonds to be issued by the CMFA for the Project will be the sole responsibility of the Borrower, and the City will have no financial, legal, moral obligation, liability or responsibility for the Project or the repayment of the Bonds for the financing of the Project. All financing documents with respect to the issuance of the Bonds will contain clear disclaimers that the Bonds are not obligations of the City or the State of California, but are to be paid for solely from funds provided by the Borrower. The Board of Directors of the California Foundation for Stronger Communities, a California non-profit public benefit corporation (the "Foundation"), acts as the Board of Directors for the CMFA. Through its conduit issuance activities, the 2 476 of 504 SUMMARY: CMFA shares a portion of the issuance fees it receives with its member communities and donates a portion of these issuance fees to the Foundation for the support of local charities. With respect to the City of National City, it is expected that that a portion of the issuance fee attributable to the City will be granted by the CMFA to the general fund of the City. Such grant may be used for any lawful purpose of the City. In light of the foregoing, and in order to support affordable housing, staff recommends that the City conduct the TEFRA Hearing, execute the Joint Exercise of Powers Agreement of the CMFA, and adopt the resolution in favor of the issuance of the Bonds by the CMFA. Respectfully submitted, Alfredo Ybarra Community Development Manager 477 of 504 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on September 6, 2016, a public hearing as required by Section 147(f) of the Internal Revenue Code of 1986 will be held with respect to the proposed issuance by the California Municipal Finance Authority of its revenue bonds in one or more series in an amount not to exceed $50,000,000 (the "Bonds"). The proceeds of the Bonds will be used to: (1) finance the acquisition and rehabilitation of an existing 180-unit multifamily affordable facility located at 2700 East 8th Street, National City, California; and (2) pay certain expenses incurred in connection with the issuance of the Bonds. The facilities are to be owned and operated by Granger Housing, LP, a California limited partnership or another partnership to be established by SDG Housing or an affiliate thereof. The Bonds and the obligation to pay principal of and interest thereon and any redemption premium with respect thereto do not constitute indebtedness or an obligation of the City of National City, the Authority, the State of California or any political subdivision thereof, within the meaning of any constitutional or statutory debt limitation, or a charge against the general credit or taxing powers of any of them. The Bonds shall be a limited obligation of the Authority, payable solely from certain revenues duly pledged therefor and generally representing amounts paid by the Borrower. The hearing will commence at 6:00 p.m. or as soon thereafter as the matter can be heard, and will be held in the Civic Center Council Chambers, City of National City, 1243 National City Boulevard, National City, California. Interested persons wishing to express their views on the issuance of the Bonds or on the nature and location of the facilities proposed to be financed may attend the public hearing or, prior to the time of the hearing, submit written comments. Additional information concerning the above matter may be obtained from, and written comments should be addressed to, City Clerk, City of National City, 1243 National City Boulevard, National City, California 91950. Dated: August 19, 2016 478 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 479 The following page(s) contain the backup material for Agenda Item: Report on Marina Gateway Site A & B development proposal by Sycuan Tribal Development Corporation (STDC). (Planning) 479 of 504 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 6, 2016 AGENDA ITEM NO. ITEM TITLE: Report on Marina Gateway Sites A & B development proposal by Sycuan Tribal Development Corporation (STDC) within the context of existing and anticipated plans such as the Balanced Plan. (Planning) PREPARED BY: Raymond Pe PHONE: Ext. 4421 DEPARTMENT: Planning APPROVED BY: EXPLANATION: On March 17, 2016, the City received an unsolicited proposal from Sycuan Tribal Development Corporation (STDC) for the development of the Successor Agency's Sites A & B (the two blocks on the north side of Bay Marina Drive between Marina Way and the 1-5 South off -ramp). STDC has been collaborating with Pier 32 Marina (GB Capital), which submitted a development proposal to the Port for the properties to the north and west of Pier 32 Marina and Pepper Park. The joint conceptual plan proposal prepared by STDC/GB Capital for both developments is attached. Staff is seeking direction from Council to work with STDC to develop an entitlement application for Sites A & B. GB Capital has submitted an application to the Port for the sites under Port jurisdiction and/or ownership. Both concept plans are based on the proposed Balanced Plan that will be considered by the Board of Port Commissioners on September 8. FINANCIAL STATEMENT: Not Applicable ACCOUNT NO. APPROVED: APPROVED: Finance MIS ENVIRONMENTAL REVIEW: No further action is required under the California Environmental Quality Act at this time since the action, as defined by CEQA, is not considered a project that has the potential to result in either a direct or indirect physical change in the environment. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Direct staff to work with Sycuan Tribal Development Corporation to develop an entitlement application for the development of the Successor Agency's Sites A & B. BOARD / COMMISSION RECOMMENDATION: Not Applicable ATTACHMENTS: 1. Conceptual Development Proposal. 2. Balanced Plan Preferred Land Use Alternative. 480 of 504 v ATIO AST \A R L CITY 'LA\ v ARI\I- 3 r000sec OL : G.B. Ccoital Holcings, LLC acuan Trioal DeveloonneW Coroorahon 3ocumen The viller [c Hon x: ull ci-1-nershia 481 of 504 DISTR CT v ATO ASTH AL CITY DLA\ NORTH DISTRICT, page 3 BAYSHORE BIKEWAY PARADISE MARSH, page 12 SOUTH DISTRICT, page 5 EXISTING PIER 32 MARINA PEPPER PARK EXPANSION SWEETWATER CHANNEL 482 of 504 AR\H DISTRICT \ORT USE SUMMARY DISTR CT With close proximity to Interstate 5, this site serves a need for both highway traffic and the future expansion of the Marina District. ZONING SUMMARY REQUIRED PROPOSED Front Setback 0' Rear Setback 0' Side Setback 0' Max. Height 50' and 3 stories 3 stoires Max. FAR 1 Required Parking (Hotel) 1 per unit + 1 100 PROPOSED LAND USE CHANGES Both parcels are currently zoned Medium Industrial (IM) with the exception of the west halt of Parcel B, which is zoned Mixed Use (MXC-1), This plan proposes changing the land use on both parcels to match the Mixed Use zoning. Y W. 23RD ST PARKING (100 SPACES) 3 STORY HOTEL gas for semi, 53' trailer HS20-40 truck, maybe pair of semi' IMPROVED SIDEWALK & LANDSCAPING make it 5 stories, with 150 ug}'ts§ MARINA DR. CLEVELAND AVE. GAS STATION RV -PARKING (6 SPACES) COVERED VEHICLE DROP OFF FAST FOOD NVENIENCE L t �ansit stop PARKING (66 SPACES) IMPROVED SIDEWALK & LANDSCAPING PAC HFRF SKETCH OTFL Ek I HG Au Ts The east site incorporates highway amenities, such as gas, food and retail, while the west site hosts a 3-storg hotel with 90 guest rooms. Adjacent parking to the hotel includes space for 100 vehicles. 484 of 504 ;-� a. iga see Greg's comments • boat docks, .moorings; aquaculture 485 of 504 s D 0,A- I D HASE1 USE SUMMARY STRICT The first phase of the Marina District includes the addition of boat storage along Marina Way, an RV park, hotel, retail and amenities for site users in the parcel north of Pier 32. For the site to the west of the Marina, a proposed high rise hotel and amenity space at ground floor is proposed. Farther west, there is a proposed expansion to Pepper Park. ZONING SUMMARY East of MLL Line: Setbaccs Marsh Setback Max. Height West of MLL Line: Setbacks 0' Max. Height Unlimited** 0'* 100' Unlimited* * *Setbacks subject to approval upon review **Subject to review and environmental impact analysis PROPOSED LAND USE CHANGES S oT AS USE SUMMARY I DISTR CT The full expansion of the Marina District includes the addition of boat storage along Marina Way, an RV park, hotel, retail and amenities for site users in the parcel north of Pier 32. For the site to the west of the Marina, a proposed high rise hotel and amenity space at ground floor is proposed. Farther west, there is a proposed expansion to Pepper Park, ZONING SUMMARY East of MLL Line: Setbakcs Marsh Setback Max. Height West of MLL Line: Setbacks 0' Max. Height Unlimited** 0`* 100' Unlimited** *Setbacks subject to approval upon review **Subject to review and environmental impact analysis PROPOSED LAND USE CHANGES need spac xtend pdr Ic Iz J in nferencet ] other activity for mo e people, pool and ] garden setting • :••••� PROPERTY LINE PLACES HERE <ETC HOTEL ENTRANCE & GROUND FLOOR AMENITIES PRIMARY PEDESTRIAN CYCLE PATH 3-STORY PARKING GARAGE BELOW HOTEL (150 SPACES) TENNIS COURTS OR OUTDOOR AMENITY SPACE RIP RAP WALKING PATH GREEN CORRIDOR e, PE- DESTRIAN PATH TO BOAT LAUNCH 4-STORY HOTEL 11-STORY HOTEL NEW ROADWAY WITH ON STREET PARKING SCALE 1:70 OTEL A 288 room high rise hotel at the northwest corner of the site with three levels of parking at the base. A 140 room 4-story hotel holds the south east end of the site, overlooking the marina. The area between the two hotels offers amenity space for the hotel guests and the RV park and marina users. 10� I ton „um P r s, 1� 1� t� 43 1:1;;; 1111 is 111 rris x, 4 A ,+ ii jjjjttll 'w ±� il{{{slll' tllt'I1il�:i ullllinl�, ,l toi At?, ,rprir►r 487 of 504 RV& A V PEDESTRIANONLY PATH 1 / / AMENITIES RESTAURANT & RETAIL 3-STORY HOTEL 150 spaces V F\ HECK -IN & INISTRATION AR\A (TIES EXISTING POOL -RV community room -on top floor, also retail below PLACE S HERE KETCH C (70 S ING CES) delete and do par ing keep e sting, parking EXISTING PIER 32 i PRIMARY PEDESTRIAN MARINA BUILDINGS 8 CYCLE PATH EXISTING BOAT SLIPS ETD Envisioning the full buildout of the site in Phase 2, the site adjacent to the Marina incorporates hotel, restaurant and retail space. A pedestrian only path runs between the buildings, creating a village at the marina. A waterside bou- tique hotel accomodates 40 rooms and a second hotel in the north east corner has 60 rooms. 9LAC E S HFRF KETCH 1. BOUTIQUE HOTEL EXISTING RESTROOI SCALE 1:70 488 of 504 example? EXISTING RAIL YARD MEAN LOW LOW WATER LINE BIKE 8 PEDESTRIAN PATH RELOCATED RAIL SPUR NOISE BUFFERING WALL COVERED DRY BOA STORAGE doors can't slide p the adjacent unit SCALE 1:70 • • • • • • • • • • • • o• -o . • G • RE FENC ARK PLACE S HERE '<ETC H BOAT STORAGE up,4s' WITH CAPACITY FOR 252 BOATS 'T 15 FEET - 30 F IN LENGTH, THIS STORAGE PROVID ' ' _ I FFER FROM THE ADJACENT RAIL YARD, ADDITIONAL STORAGE AT THE SOUTH END OF THE SITE ACCOMODATES 108 BOATS AT 30 FEET - 45 FEET IN LENGTH. 489 of 504 aquaculture opportunity (shellfish? commissioner likes) PUBLIC ART ••••••••••••••••••• POINT PARK EXISTING RIP RAP E\VRO\ LV \G EXISTING MARINA BOAT SLIPS PEDESTRIAN PATH add more units each end -it cotT£0/ p •••••••••••••••••••••'.•••••••••••••• • • • • • • • • SWEETWATER CHANNEL ITH THE GOAL OF NET -ZERO ENERGY USE, THESE MODULAR STRUCTU A D OCCUPY THE SOUTH JETTY EACH UNIT INCORPORATES SOLAR P ONG AND ARE ORIENTED TO TA TAGE OF THE NATURAL DAY ND VIEWS, THE SITE ACCOMOD TES 18 UN TS BUILT FROM RECYCLED Ei LI VIRON ING U 'ES SI ER IGHTI .HIP` ENTAL IT LIGHTLY ON THE LAND ND SOOR WATER HEATING G, PREVAILING BREEZES ING CONTAINER • • • • • • • • • • • • • • • • • HSdVW Woa3 a333f18 ,00 •• PRIMARY PEDESTR N CYCLE PATH ACCESS ROAD TURNOUT \ walking path secured D K at night 10 of these at the east end, 40' to 20' in 3' drops SCALE 1: 70 buoys in the channel, 60 to 120' diameter PACES HERE KETCH 1G 490 of 504 phase 1 • 4P 404 **1"P‘441,//I) id)///a RVS TPA 98 SITES INCLUDING FACILITIES FOR SHOWERING AND LAUNDRY PARKING TYPICAL RV HOOKUP SITE SC 1ALE:70 491 of 504 ACCESS TO PEPPER PARK & BOAT LAUNCH 1,400 .F LAUNDRY & SH ER FACILITY I TYPIC HOOK RV SITF show walking and bike path SCALE 1:70 RV SITF B A SECONDARY SITE TO THE SOUTH WEST ACCOMODATES AN ADDITIONAL 23 RV SITES, WHICH FACE THE MARINA. SURFACE PARKING IN THE NORTH EAST PORTION OF THE SITE SERVES THE MARINA FACILITIES. 492 of 504 493 of 504 r r! i r 607, rrlt -f • r . r ,, 4.9 t�' 4 tr t t , r ' 'r F transit stop? 100 90044 ID HR HXDA\ s ,AR 0\ THE EXISTING PEPPER PARK SHOULD BE EXTENDED TO INCREASE AND IMPROVE PUBLIC SHORELINE ACCESS. show Grainger Hall plan show that parking remains the same 12/ 494 of 504 NATIONAL CITY MARINA DISTRICT BALANCED LAND USE STUDY 28TH STREET Approximate Acreage Land Use Existing Preferred Option Change (Acres) (Acres) (Acres) Marine Terminal 7.39 6.77 - 0.62 Marine Related Industrial 6.89 6.49 - 0.40 Commercial Recreation 16.62 17.79 + 1.17 Marina 17.34 16.75 - 0.59 Park/ Plaza 7.39 9.89 + 2.50 Street 5.17 3.11 - 2.06 Total 60.80 60.80 0.00 HABTAi BUFFED DI 100' J Z Di PARADISE MARSH WILDLIFE REFUGE / I I 2.32 ac. /�i i 15SEr0ACK -�� FOR SERVICE AREA 0 "/ B4 2i // 4.17 ac. .. i �.�cp� • I� O EP � � 5.89' I g'i P3 % 1.50 ac. P'L 2.33 au B3 365 ac. D- AQUATIC CENTRE Rh. Oansiu.n) EDGE OFDELINEAIED WETLAND IRV HABTAT BUfFER REFUGE BOUNDARY 00' SETBACK FROM RCFUOE BOUNDARY 11/ /6_ EDGE OF /I/ , DELINEATED WETLAN 200' SETBACKFRCNI REFUGE BOUNDARY 100' HABITAT BUFFER! .......... ..._.-.-_.: SAWDIEGO BAY NATIONAL WILDLIFE REFUGE / PARADISE VALLEY -------- SITE BOUNDARY MEAN HIGH TIDE UNE REFUGE BOUNDARY • LANDMARKS HABITAT BUFFER 111111111.1111111111 CURRENT RAILWAY LINE PROPOSED RAILWAY UNE SETBACK UNE PARK/ PLAZA UTILITY ACCESS MARINE RELATED INDUSTRIAL COMMERCIAL RECREATION VISUAL, PEDESTRIAN/ BIKE, & EMERGENCY ACCESS STREET MARINE TERMINAL 1111115y40r Unified Port of San Diego Project: National City Marina District Balanced Land Use Study & CEQAProject Description, San Diego Figure ES.0.1: Preferred Land Use Alternative Drawing: Preferred Landuse Alternative 7 D 100' 200' 400Bea LD • International • • International 495 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 496 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 authorizing the Chairman to execute a Subordination Agreement allowing a new mortgage that is not -to -exceed $296,000 to be and remain a lien prior and superi 496 of 504 CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY COUNCIL AGENDA STATEMENT MEETING DATE: September 6, 2015 AGENDA ITEM NO. ITEM TITLE: 'Resolution of the Community Development Commission -Housing Authority of the City of National City authorizing the Chairman to execute a Subordination Agreement allowing a new mortgage that is not - to -exceed $296,000 to be and remain a lien prior and superior to a home purchase assistance loan on a single -unit property located at 929 East 13TH Street in National City. PREPARED BY: Angelita Palma, Comm. Dev. Specialist II PHONE: 619-336-4219 EXPLANATION: APPROVED BY: On August 9, 2002, the Community Development Commission of the City of National City ("CDC") made a loan for $30,500 from the Low and Moderate Income Fund to assist in the purchase of a single-family residence located at 929 East 13TH Street in National City. The loan has an outstanding principal balance of $30,500. Daniel Alvaro Ceballo and Debbie Virginia Ceballos ("Borrowers") are interested in refinancing the first mortgage loan on the property and have been approved for a new loan from Sierra Pacific Mortgage Company, Inc., A California Corporation ("Lender"). The Lender is requiring that the Community Development Commission -Housing Authority (CDC -HA) execute the attached subordination agreement allowing the new loan to hold superior position to the CDC -issued loan. The CDC -issued loan will maintain second lien position on the property. The purpose of the refinance is to reduce the interest rate to 3.5% and term of the loan to 20 years from 30 years. There will not be cash proceeds to the Borrowers through the refinance. Staff has satisfactorily reviewed the combined loan -to -value, preliminary title report, new loan terms, and underwriting summary that outline the closing costs of the transaction. DEPARTMENT: Housing & Economic Dev. FINANCIAL STATEMENT: N/A ACCOUNT NO. APPROVED: APPROVED: Finance MIS ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Attachment No. 1: Subordination Agreement 497 of 504 Attachement No. 1 RECORDING REQUESTED BY FIRST AMERICAN TITLE COMPANY AND WHEN RECORDED MAIL TO: CITY OF NATIONAL CITY 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91950 ATTN: HOUSING & GRANTS ORDER NO.: DCVE-5242515 SPACE ABOVE THIS LINE FOR RECORDER'S USE SUBORDINATION AGREEMENT NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF SOME OTHER OR LATER SECURITY INSTRUMENT. THIS AGREEMENT, made this 6TH day of September 2016 by Daniel Alvaro Ceballo Sr. and Debbie Virginia Ceballos, husband and wife as joint tenants owners of the land hereinafter described and hereinafter referred to as "Owners", and The City of National City, a public body , corporate and politic as present owner and holder of the deed of trust and note first hereinafter described and hereinafter referred to as "Beneficiary". WITNESSETH THAT WHEREAS, Owners has executed a deed of trust, dated August 9, 2002, to The Community Development Commission of the City of National City as trustee, covering the Real property in the City of National City, County of San Diego, State of California, described as follows: LOT 14 IN BLOCK 1 OF AUSTIN HEIGHTS, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1938, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 3, 1926. APN: 561-011-18-00 to secure a note in the sum of $30,500.00, dated August 9, 2002, in favor of The Community Development Commission of the City of National City, a public body, corporation and politic, which deed of trust was recorded August 15, 2002, Recording Number 2002-690413 Official Records of said county; and WHEREAS, Owners has executed, or is about to execute, a deed of trust and note in the sum not to exceed $296,000.00 dated 2016, in favor of Sierra Pacific Mortgage Company, Inc., A California Corporation hereinafter referred to as "Lender", payable with interest and upon the terms and conditions described therein, which deed of trust is to be recorded concurrently herewith; and WHEREAS, it is a condition precedent to obtaining said loan that said deed of trust last above mentioned shall unconditionally be and remain at all times a lien or charge upon the land hereinbefore described, prior and superior to the lien or charge of the deed of trust first above mentioned; and WHEREAS, Lender is willing to make said loan provided the deed of trust securing the same is a lien or charge upon the above described property prior and superior to the lien or charge of the deed of trust first above mentioned and provided that Beneficiary will specifically and unconditionally subordinate the lien or charge of the deed of trust first above mentioned to the lien or charge of the deed of trust in favor or Lender; and Page 1 of 3 Casuborda 498 of 504 Attachement No. 1 Order No.: DCVE-5242515 WHEREAS, it is to the mutual benefit of the parties hereto that Lender make such loan to Owner; and Beneficiary is willing that the deed of trust securing the same shall, when recorded, constitute a lien or charge upon said land which is unconditionally prior and superior to the lien or charge of the deed of trust first above mentioned. NOW THEREFORE, in consideration of the mutual benefits accruing to the parties hereto and other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, and in order to induce Lender to make the loan above referred to, it is hereby declared, understood and agreed as follows: (1) That said deed of trust securing said note in favor of Lender, and any renewals or extensions thereof, shall unconditionally be and remain at all times a lien or charge on the property therein described, prior and superior to the lien or charge of the deed of trust first above mentioned. (2) That Lender would not make its loan above described without this subordination agreement. (3) That this agreement shall be the whole and only agreement with regard to the subordination of the lien or charge of the deed of trust first above mentioned to the lien or charge of the deed of trust in favor of Lender above referred to and shall supersede and cancel, but only insofar as would affect the priority between the deeds of trust hereinbefore specifically described, any prior agreement as to such subordination including, but not limited to, those provisions, if any, contained in the deed of trust first above mentioned, which provide for the subordination of the lien or charge thereof to another deed or deeds of trust or to another mortgage or mortgages. Beneficiary declares, agrees and acknowledges that (a) He/She consents to and approves (i) all provisions of the note and deed of trust in favor of Lender above referred to, and (ii) all agreements, including but not limited to any loan or escrow agreements, between Owner and Lender for the disbursement of the proceeds of Lender's loan; (b) Lender in making disbursements pursuant to any such agreement is under no obligation or duty to, nor has Lender represented that it will, see to the application of such proceeds by the person or persons to whom Lender disburses such proceeds and any application or use of such proceeds for purposes other than those provided for in such agreement or agreements shall not defeat the subordination herein made in whole or in part; (c) He/She intentionally and unconditionally waives, relinquishes and subordinates the lien or charge of the deed of trust first above mentioned in favor of the lien or charge upon said land of the deed of trust in favor of Lender above referred to and understands that in reliance upon, and in consideration of, this waiver, relinquishment and subordination specific loans and advances are being and will be entered into which would not be made or entered into but for said reliance upon this waiver, relinquishment and subordination; and (d) An endorsement has been placed upon the note secured by the deed of trust first above mentioned that said deed of trust has by this instrument been subordinated to the lien or charge of the deed of trust in favor of Lender above referred to. NOTICE: THIS SUBORDINATION AGREEMENT CONTAINS A PROVISION WHICH ALLOWS THE PERSON OBLIGATED ON YOUR REAL PROPERTY SECURITY TO OBTAIN A LOAN A PORTION OF WHICH MAY BE EXPENDED FOR OTHER PURPOSES THAN IMPROVEMENT OF THE LAND. Community Development Commission — Housing Authority of the City of National City Daniel Alvaro Ceballos Sr. By: Ron Morrison, Chairman Debbie Virginia Ceballos Beneficiary Owners (All signatures must be acknowledged) IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS SUBORDINATION AGREEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO. 499 of 504 Casuborda Attachement No. 1 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF [ ] Onj ] I a Notary Public, personally appeared j ] who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. } SS: WITNESS my hand and official seal. before me, Signature FOR NOTARY SEAL OR STAMP A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF [ ] On [ ] I a Notary Public, personally appeared j ] who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. } SS: WITNESS my hand and official seal. before me, Signature FOR NOTARY SEAL OR STAMP 500 of 504 f3 suborda CC/CDC-HA Agenda 9/6/2016 — Page 501 The following page(s) contain the backup material for Agenda Item: Fiscal Year 2015 Comprehensive Annual Financial Report (CAFR) and Popular Annual Financial Report (PAFR) awards. (Finance) 501 of 504 Item # 09/06/16 Fiscal Year 2015 Comprehensive Annual Financial Report (CAFR) and Popular Annual Financial Report (PAFR) awards (Finance). 502 of 504 CC/CDC-HA Agenda 9/6/2016 — Page 503 The following page(s) contain the backup material for Agenda Item: Update on Proposition 64. (City Attorney) 503 of 504 Item # 09/06/16 UPDATE ON PROPOSITION 64 City Attorney 504 of 504