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Agenda Packet CC - 9-06-16
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 616 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 616 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 2. Introduction of new City employee, Megan Gamwell, Economic Development Specialist. (Housing & Economic Development) PRESENTATIONS INTERVIEWS / APPOINTMENTS CONSENT CALENDAR 3. Motion of the City Council of the City of National City approving the waiving of the reading of the text of the Ordinances considered at this meeting and providing that such Ordinances shall be introduced and/or adopted after a reading of the title only. (City Clerk) 4. Resolution of the City Council of the City of National City 1) authorizing the Chief of Police to enter into a 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), for the program period retroactive from July 1, 2016 to December 31, 2017; 2) authorizing the acceptance & establishment of appropriations and a corresponding revenue budget for the R3 grant in the amount of $45,000. (Police) 5. Resolution of the City Council of the City of National City approving adjustments to the compensation plan for the Confidential employee group over a three year term including, but not limited to a 2% salary adjustment in year one (effective July 5, 2016) for all Confidential employee group 3 of 616 CC/CDC-HA Agenda 9/6/2016 — Page 4 classifications, with additional adjustments in years two and three; 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 (CaIPERS). (Human Resources) 6. 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) 7 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) Resolution of the City Council of the City of National City 1) authorizing the acceptance & establishment of appropriations and corresponding revenue budget for the Operation Alliance Task Force (OATF) through the California Border Alliance Group (CBAG), Southwest Border High Intensity Drug Trafficking Area (HIDTA) grant in the amount of $148,000. 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. (Police) 9. 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) 10. 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) 11. Resolution of the City Council of the City of National City consenting to the inclusion of properties within the City's jurisdiction 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 City's jurisdiction; authorizing the Mayor to execute indemnification and insurance agreements with participating administrators; and authorizing related actions. (Housing & Economic Development) 4 of 616 CC/CDC-HA Agenda 9/6/2016 — Page 5 12. 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. (Engineering/Public Works) 13. Resolution of the City Council of the City of National City amending the Executive Compensation Plan by revising a position title from Director of Housing Grants & Asset Management to Director of Housing and Economic Development in recognition of the retitled department. (Human Resources) 14. Warrant Register #4 for the period amount of $1,436,022.14. (Finance) 15. Warrant Register #5 for the period amount of $3,388,476.98. (Finance) PUBLIC HEARINGS of 07/20/16 through 07/26/16 in the of 07/27/16 through 08/02/16 in the 16. Public Hearing as required by Section 147(f) of the Internal Revenue Code of 1986 by the City Council of the City of National City to consider the proposed issuance by California Municipal Finance Authority of its revenue bonds in an amount that is not -to -exceed $50,000,000 to finance the acquisition and rehabilitation of an existing 180-unit affordable multifamily housing project commonly known as Granger Apartments located at 2700 East 8th Street in National City. (Housing & Economic Development) ORDINANCES FOR INTRODUCTION ORDINANCES FOR ADOPTION NON CONSENT RESOLUTIONS 17. Resolution of the City Council of the City of National City approving membership in the California Municipal Finance Authority (Authority), authorizing the Mayor to execute an Indemnification and Insurance Agreement with SDG Housing Partners, LLC; 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, L.P. and certain other matters relating thereto. (Housing & Economic Development) 18. Resolution of the City Council of the City Of National City consenting to the inclusion of properties within the City's jurisdiction in the California Municipal Finance Authority Open PACE Programs; authorizing the 5 of 616 CC/CDC-HA Agenda 9/6/2016 — Page 6 California Municipal Finance Authority to accept applications from property owners, conduct contractual assessment proceedings and levy contractual assessments within the City's jurisdiction; authorizing the Mayor to execute Indemnification and Insurance Agreements with participating administrators; and authorizing related actions. (Housing & Economic Development) 19. 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) 20. 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 Angelo's Towing and Recovery with a term of October 1, 2016 - September 30, 2018. (Police) 21. 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) 22. 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 totaling $1,270,762.58 without interest, with ten annual payments in the amount of $147,379.98 (interest rate of 2.79%). (Police and Fire) 23. 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. (Engineering/Public Works) 6 of 616 CC/CDC-HA Agenda 9/6/2016 — Page 7 24. Resolution of the City Council of the City of National City in support of the compromise to California Environmental Quality Act (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 and authorizing the Mayor to execute a Memorandum of Understanding regarding the parties intent in supporting the compromise. 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 for repairs to all four tennis courts at El Toyon Park; 2) accepting the grant requirement to provide on -going maintenance of the tennis courts; 3) accepting the grant requirement to host an annual "Family Day"; and 4) authorizing the appropriation of $36,000 in the El Toyon Park Improvements CIP account from Park & Recreation Capital Outlay Fund fund balance as a grant match. (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) NEW BUSINESS 27. 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) B. COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY PUBLIC HEARINGS- HOUSING AUTHORITY CONSENT RESOLUTIONS- HOUSING AUTHORITY 28. 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 7 of 616 CC/CDC-HA Agenda 9/6/2016 — Page 8 29. Fiscal Year 2015 Comprehensive Annual Financial Report (CAFR) and Popular Annual Financial Report (PAFR) awards. (Finance) 30. Update on Proposition 64 — the California Marijuana Legalization Initiative to legalize recreational marijuana. (City Attorney) MAYOR AND CITY COUNCIL 31. Elected Official Participants on City Manager Working Group (City staff and Port staff working group) Report Out. CLOSED SESSION REPORT 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 616 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 616 roctamat4on CALIFORNIA —§1- ATIONAL Cal acm rarcoRpo ATsn .J WHEREAS, the California residents have experienced the effects of various disasters including earthquakes, tsunamis, severe winter storms, extreme summer heat and wildland fires that threaten the safety of our residents and our communities, both physically and economically; and WHEREAS, the May 2014 San Diego County Wildfires were the largesti wildfires in the region since the devastating fires of 2007; and WHEREAS, Southern California continues to recognize the threat of its annual fire season, and, the importance of disaster preparedness, both at the individual and institutional levels must be emphasized; and WHEREAS, the aftermath of the 2003 and 2007 firestorms in the area of San Diego County has demonstrated the necessity for careful and thorough emergency planning and preparedness among all individual communities, and agencies locally; and WHEREAS, Southern California is currently experiencing prolonged drought; and 01 Al r4 l t l 1 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, BE IT PROCLAIMED, 1, Ron Morrison as Mayor of the City of National City, by virtue of the authority vested in me by the City of National City, do hereby set my hand and affix the official seal and together with the City Council do hereby proclaim the month of September 2016 as: NATIONAL PREPAREDNESS MONTH As the Mayor of the City of National City, I, call upon the citizens of this community to learn how to protect themselves, their families, and neighbors before, during and after major emergencies to mitigate injuries, loss of life and property damage. Ron Morrison MAYOR Jerry Cano Albert Mendivil Vice Mayor Councilmember Mona Rios Councilmember 10 of 616 Alejandra S'otelo-Solis Councilmember • CC/CDC-HA Agenda 9/6/2016 — Page 11 The following page(s) contain the backup material for Agenda Item: Introduction of new City employee, Megan Gamwell, Economic Development Specialist. (Housing & Economic Development) 11 of 616 Item # 09/06/16 INTRODUCTION OF NEW CITY EMPLOYEE, MEGAN GAMWELL, ECONOMIC DEVELOPMENT SPECIALIST Housing & Economic Development 12 of 616 CC/CDC-HA Agenda 9/6/2016 — Page 13 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) 13 of 616 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) 14 of 616 CC/CDC-HA Agenda 9/6/2016 — Page 15 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 a Memorandum of Agreement with the County of San Diego (San Diego Sheriff's Department and Probation Department) and municipal law enforcement age 15 of 616 MEETING DATE: CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT 1September 6, 2010 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 a 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), for the program period retroactive from July 1, 2016 to December 31, 2017; 2) authorizing the acceptance & establishment of appropriations and a corresponding revenue budget for the R3 grant in the amount of $45,000.1 PREPARED BY: Manuel Rodriguez, Chief of Police DEPARTMENT: P cei� I PHONE: lExt. 45111 APPROV at EXPLANATION: Refer to Attachment t FINANCIAL STATEMENT: APPROVED: '044 ,CAL Finance ACCOUNT NO.1 APPROVED: MIS 1290-11646-3463 (Other State Grants revenue) - $45,000 290-411-646-* (miscellaneous expenditures) - $45,000 1 ENVIRONMENTAL REVIEW: 1 ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: [Approve Resolution] BOARD / COMMISSION RECOMMENDATION: 1 ATTACHMENTS: 'Staff Report Reso 2014-170 Amendment No. 1 (R3 MOA) Amendment No. 2 (R3 Exhibit A) 16of616 \\ir/, CALIFORNIA� • N,ATI O NAL ciTy INCORPORATED NATIONAL CITY POLICE DEPARTMENT DATE: August 29, 2016 STAFF REPORT SUBJECT: Resolution of the City Council of the City of National City authorizing the Chief of Police to enter into the 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 authorize the Chief of Police to enter into the Memorandum of Agreement with the County of San Diego and municipal law enforcement agencies for program support of the Regional Realignment Group (R3). The agreement period is July 1, 2016 to December 31, 2017 resulting in reimbursement of $45,000 to the City of National City. BACKGROUND The National City Council 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 Sheriff's 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 in 2014 from the Community Corrections Partnership (R3) to support R3 and its primary goal of public safety. CURRENT AGREEMENT The Memorandum of Agreement is in effect from July 1, 2016 through December 31, 2017 with the County of San Diego (San Diego Sheriffs 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 Page 1 of 2 1200 National City Boulevard National City, CA 91950 (619) 336-4. 17 0f 616 9) 336-4525 • NA. ur ' n 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. Revenue to the City in the amount of $45,000. JT Page 2 of 2 1200 National City Boulevard National City, CA 91950 (619) 336-4. 18 of 616 9) 336-4525 RESOLUTION NO. 2014— 170 RESOLUTION OF THE CITY COUNCIL OF THE C1TY OF NATIONAL C1TY AUTHORIZING THE CHEF OF POLICE TO ENTER INTO AMENDMENT NO. 1 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) WHEREAS, AB 109 (as amended by AB 117) took effect October 1, 2011, and realigned major areas of the California criminal justice system; and WHEREAS, as part of the State of California Realignment (AB 109), San Diego County, through the Sherriffs Department, requested funds from the Community Corrections Partnership ("CCP") to create a Regional Realignment Response Group ("R3"); and WHEREAS, the funds are used to support R3 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 and Post Release Community Supervision Offenders released into San Diego County; and WHEREAS, on January 21, 2014, the City Council adopted Resolution No. 2014- 03 authorizing the Chief of Police to enter into a Memorandum of Agreement ("MOA°) with the County of San Diego for program support of R3 through December 31, 2014; and WHEREAS, pursuant to the MOA, the National City Police Department received funds in the amount of $31,539 to conduct compliance and enforcement operations of violators, and will continue to receive additional grant funds pursuant to the MOA; and WHEREAS, Amendment No. 1 to the MOA for the 2013 Regional Realignment Response Group (R3) extends the current Memorandum of Agreement through December 31, 2015. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City does hereby authorize the Chief of Police to enter into Amendment No. 1 to the Memorandum of Agreement for the 2013 Regional Realignment Response (R3) to extend the term of the Agreement to December 31, 2015. PASSED and ADOPTED this 16th day of December 14 ATTEST: Michael R. Dalla, City Clerk Morrlson, Mayor 19 of 616 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 20 of 616 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 21 of 616 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 22 of 616 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 23 of 616 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 24 of 616 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 25 of 616 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 26 of 616 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 27 of 616 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) 28 of 616 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 29 of 616 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 30 of 616 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. The allocation formula is based on the following primary factors: Request(s) of funds Population AB109 population 31 of 616 RESOLUTION NO. 2016 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHIEF OF POLICE TO ENTER INTO A 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), FOR THE PROGRAM PERIOD RETROACTIVE FROM JULY 1, 2016 TO DECEMBER 31, 2017; 2) AUTHORIZING THE ACCEPTANCE & ESTABLISHMENT OF APPROPRIATIONS AND A CORRESPONDING REVENUE BUDGET FOR THE R3 GRANT IN THE AMOUNT OF $45,000 WHEREAS, as part of the State of California Realignment (AB 109), San Diego County, through the Sherriff's Department, requested funds from the Community Corrections Partnership ("CCP") to create a Regional Realignment Response Group ("R3"); and WHEREAS, on January 21, 2014, the City Council adopted Resolution No. 2014- 03, entering into a Memorandum of Understanding with the County of San Diego for program support of R3; and WHEREAS, R3 currently consists of the County of San Diego Sheriffs Department and Probation Department (together referred to as "County") and the cities of Carlsbad, Chula Vista, Coronado, El Cajon, Escondido, La Mesa, and National City (the "Parties"); and WHEREAS, San Diego County, through the Sherriff's Department, received funds from the State of California Local Revenue 2011, Community Corrections Subaccount to continue the R3 program from July 1, 2016 through December 31, 2017; and WHEREAS, the funds shall be used to support R3 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 and Post Release Community Supervision Offenders released into San Diego County; and WHEREAS, as part of this Agreement, the National City Police Department has received $45,000 to conduct compliance and enforcement operations of violators. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Chief of Police to execute the Memorandum of Agreement with the County of San Diego (San Diego Sheriff's Department and Probation Department) to continue program support of the Regional Realignment Group. BE IT FURTHER RESOLVED that the City Council authorizes the acceptance of grant funds in the amount of $45,000 to continue R3's primary goal of public safety to develop and implement a 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 from July 1, 2016 through December 31, 2017. BE IT FURTHER RESOLVED that the City Council hereby authorizes the establishment of fund appropriations and a corresponding revenue budget in the amount or $45,000. [Signature Page to Follow] 32 of 616 Resolution No. 2016 — Page Two PASSED and ADOPTED this 6th day of September, 2016. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor 33 of 616 CC/CDC-HA Agenda 9/6/2016 — Page 34 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 over a three year term including, but not limited to a 2% salary adjustment in year one (effective July 5, 2016) 34 of 616 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 over a three year term including, but not limited to a 2% salary adjustment in year one (effective July 5, 2016) for all Confidential employee group classifications, with additional adjustments in years two and three; 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). PREPARED BY: Stacey Stevenson DEPARTMENT: Human Resources PHONE: 336-4308 APPROVED BY: <! (L9-- 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: APPROVED: W/A-za Finance ACCOUNT NO. APPROVED: Approximate financial impact by Fiscal Year: $17,775 (2017); $37,079 (2018); $54,114 (2019) ENVIRONMENTAL REVIEW: This is not a project and is therefore not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: MIS STAFF RECOMMENDATION: Adopt the resolution approving the compensation plan for the Confidential employee group and adopting the 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 35 of 616 }- 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 36 of 616 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. 37 of 616 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. 38 of 616 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 39 of 616 }- 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 40 of 616 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 41 of 616 RESOLUTION NO. 2016 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING ADJUSTMENTS TO THE COMPENSATION PLAN FOR THE CONFIDENTIAL EMPLOYEE GROUP OVER A THREE YEAR TERM INCLUDING, BUT NOT LIMITED TO, A 2% SALARY ADJUSTMENT IN YEAR ONE (EFFECTIVE JULY 5, 2016) FOR ALL CONFIDENTIAL EMPLOYEE GROUP CLASSIFICATIONS, WITH ADDITIONAL ADJUSTMENTS IN YEARS TWO AND THREE; 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) NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves adjustments to the Compensation Plan, attached hereto as Exhibit "A", for the Confidential Employee Group over a three year term including, but not limited to a 2% salary adjustment in year one (effective July 5, 2016) for all Confidential employee group classifications, with additional adjustments in years two and three. BE IT FURTHER RESOLVED that the City Council hereby approves the Salary Schedule, attached hereto as Exhibit "B", for the Confidential employee group for fiscal year 2017 in compliance with the requirements of the California Public Employees' Retirement System (CalPERS). PASSED and ADOPTED this 6th day of September, 2016. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor 42 of 616 CITY OF NATIONAL CITY CONFIDENTIAL GROUP SALARY SCHEDULE Fiscal Year 2016-2017 Exhibit A 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 43 of 616 CC/CDC-HA Agenda 9/6/2016 — Page 44 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City 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 44 of 616 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 45 of 616 *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 46 of 616 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 47 of 616 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 48 of 616 RESOLUTION NO. 2016 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A SIDE LETTER AGREEMENT TO ARTICLE 12(EDUCATIONIPOST CERTIFICATE INCENTIVE PAY) OF THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NATIONAL CITY NATIONAL CITY AND THE NATIONAL CITY POLICE OFFICERS' ASSOCIATION WHEREAS, the City of National City (City) and the National City Police Officers' Association (POA) desire to modify Article 12 (Education/POST Certificate Incentive Pay) of the Memorandum of Understanding (MOU) between the City and the POA; and WHEREAS, the California Commission on Peace Officer Standards and Training (POST) is responsible for certifying sworn safety employees for State and local law enforcement agencies; and WHEREAS, pursuant to 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; and WHEREAS, safety employees meeting the POST guidelines for said certifications are responsible for submitting all required documentation for consideration by POST personnel; and WHEREAS, 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; and WHEREAS, this Side Letter to the POA MOU clarifies that the POST incentive pay will commence effective with the date on the POST certificate for POST certificate submittals actively under review and approval process on or after the City Council approves the Side Letter. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves the Side Letter modifying Article 12 (Education/Post Certificate Incentive Pay) of the Memorandum of Understanding between the City of National City and the National City Police Officers' Association clarifying that the POST incentive pay will commence effective with the date on the POST certificate. PASSED and ADOPTED this 16th day of August, 2016. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva City Attorney 49 of 616 CC/CDC-HA Agenda 9/6/2016 — Page 50 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 50 of 616 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 51 of 616 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 52 of 616 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 53 of 616 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 54 of 616 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 55 of 616 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 56 of 616 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 57 of 616 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 58 of 616 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 59 of 616 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 60 of 616 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 61 of 616 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 othenh+ise 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 62 of 616 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 63 of 616 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 SDUPD 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 64 of 616 028-007 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 .� 1 009 PARK -1St 0 V 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 65 of 616 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 1-=30' AU, FIELD SURD DRAWING NO. SHMT 20F Z. 028-023 28\028-023\028-023_04 66 of 616 RESOLUTION NO. 2016 — 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 THE STORAGE OF TWO TRAILERS, FORMERLY USED AS A TEMPORARY YOUTH AQUATIC CENTER, LOCATED IN THE PEPPER PARK PARKING LOT WHEREAS, the San Diego Unified Port District has prepared a Temporary Use Permit ("TUP') to allow for the storage of two trailers, formerly used as a temporary youth aquatic center, located within the Pepper Park parking lot; and WHEREAS, the TUP is retroactive to May 1, 2015 and will expire on September 30, 2016, at which time the City has 30 days to remove the trailers, which are scheduled to be removed by October 30, 2016, consistent with the terms of the TUP. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the Mayor to execute a Temporary Use Permit with a term from May 1, 2015 to September 30, 2016 that was prepared by the San Diego Unified Port District to allow for the storage of two trailers that were formerly used as a temporary youth aquatic center, located within the Pepper Park parking lot. PASSED and ADOPTED this 6ch day of September, 2016. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor 67 of 616 CC/CDC-HA Agenda 9/6/2016 — Page 68 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 acceptance & establishment of appropriations and corresponding revenue budget for the Operation Alliance Task Force (OATF) through the California Border Alliance Group (CBAG), 68 of 616 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 6, 2016 AGENDA ITEM NO. 1 ITEM TITLE: [Resolution of the City Council of the City of National City 1) authorizing the acceptance & establishment of appropriations and corresponding revenue budget for the Operation Alliance Task Force (OATF) through the California Border Alliance Group (CBAG), Southwest Border High Intensity Drug Trafficking Area (HIDTA) grant in the amount of $148,000. 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: Manuel Rodriguez, Chief of Police DEPARTMENT:.. • i = �, PHONE: [(619) 336-4511 APPR e EXPLANATION: The Operation Alliance Task Force (OATF) investigates narcotics smuggling, transportation and distribution 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. The City Council of the City of National City authorized and ratified participation on April 15, 2014. (Resolution 2014-44) FINANCIAL STATEMENT: ACCOUNT NO. I APPROVED: MIS APPROVED: 1-1444 ,C�1.f' Finance 290-11656-3463 (Other State Grants revenue) - $148,000 290-411-656 * (miscellaneous expenditures) - $148,000 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve Resolution.1 BOARD ! COMMISSION RECOMMENDATION: ATTACHMENTS: [Exhibit A MOA Exhibit B Budget Detail Report 69 of 616 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 70 of 616 • •'• -• ' ' 11ie. �ateandulp'g oi<Ater ut trt •• I. .ONDCP; as a gonditioapoo #Media& zegakes age t1e§.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:11DTA • 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 end=TA 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 • 71 of 616 2 RESOLUTION NO. 2014 — 44 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AND RATIFYING A MEMORANDUM OF UNDERSTANDING Al1THORIZING THE NATIONAL CITY POLICE DEPARTMENT TO PARTICIPATE !i,/ MC OPERATION ALLIANCE TASK FORCE THROUGH\THE CALIFORNIA BORDER ALLIANCE GROUP SOUTHWEST BORDER HIGH INTENSITY DRUG TRAFFICKING AREA,'AND AUTHORIZING OF THE ESTABLISHMENT OF FUND APPROPRIATIONS AND A CORRESPONDING REVENUE BUDGET WHEREAS, the Operation Alliance Task Force (OATF), comprised of federal, state, and local agencies, investigates narcotics smuggling, transportation, and distribution groups along the California Mexico border based on proactive case development and post seizure analysis of all seizures rnade by elements of the U.S. Department of Homeland Security; and WHEREAS, through a Memorandum of Understanding, the California Border Alliance Group agrees to fund the salary, benefits, overtime, and vehicle allowance of one investigator from the National City Police Department in the amount of $77,000. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves and ratifies the executed Memorandum of Understanding authorizing the National City Police Department to participate in the Operation Alliance Task Force through the California Border Alliance Group Southwest Border High Intensity Drug Trafficking Area. Said MOU is on file in the Office of the City Clerk. BE IT FURTHER RESOLVED that the City Council hereby authorizes the establishment of fund appropriations and a corresponding revenue budget. PASSED and ADOPTED this 15th day of April, 2014. ATT EST: Mi hael R. Dalla City Clerk ROVED AS TO FORM: is t`F'citua Silva City Attorn on Morrison, Mayor 72 of 616 4a. Budget Detail 2016 - SWB KIDTA San Diego Imperial Valley MI Initiatives, Award Recipients and Resource Recipients $144.000t00 Input 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 S24,000.00 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 Vetilde allowance Total Services Total Budget 1 $6,000.00 1 $6,000.00 $1413,000.00 73 of 616 Budget Detail 2016 - SWB HIDTA San Diego Imperial Valley Initiative - Operation Alliance 3oint Task Force Award Redplent- San Diego Sheriffs Department (4316SC0001A) Resource Redplent - National City Police Department .input $77,Oco 00 Personnel Quantity Amount Comments Investigative - Law Enforcement Officer Total Personnel Investigative - Law Enforcement Officer Total Fringe 1 1 Quantity 1 1 $50,000.00 $50,000.00 Amount $12,000.00 $12,000.00 Comments 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 Total 1 1 $6,000.00 $6,000.00 $77,000.00 74 of 616 Budget Detail 2016 - SWB HIDTA San Diego Imperial Valley Initiative - Cross Border Violence Task Force Award Recipient - San Diego Sheriff's Department (G16SC0001A) Resource Recipient - National City Police Department $71,00000O Input Personnel Quantity Amount Comments Investigative - Law Enforcement Officer Total Personnel 1 $50,000.00 ;50,006.00 range 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 Total 1 $9,000,00 1 $9,000.00 $71,000.00 75 of 616 Budget Detail Iota/Apgadgets $141,000.00 76 of 616 L4 RESOLUTION NO. 2016 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE ACCEPTANCE AND ESTABLISHMENT OF APPROPRIATIONS AND CORRESPONDING REVENUE BUDGET FOR THE OPERATION ALLIANCE TASK FORCE THROUGH THE CALIFORNIA BORDER ALLIANCE GROUP, SOUTHWEST BORDER HIGH INTENSIT DRUG TRAFFICKING AREA GRANT IN THE AMOUNT OF $148,000. 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 NATIONAL CITY POLICE OFFICERS' SALARY, BENEFITS, OVERTIME, AND VEHICLE ALLOWANCE IN THE AMOUNT OF $148,000 WHEREAS, the Operation Alliance Task Force (OATF), which is comprised of federal, state, and local agencies, investigates narcotics smuggling, and transportation and distribution 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 (DRS); and WHEREAS, on April 15, 2014, the City Council adopted Resolution No. 2014-44 approving and ratifying a multi -year Memorandum of Understanding authorizing the National City Police Department to participate in the Operation Alliance Task Force through the California Border Alliance Group Southwest Border (CBAG) High Intensity Drug Trafficking Area (HIDTA); and WHEREAS, the California Border Alliance Group agrees to fund the salary, benefits, overtime, and vehicle allowance of two investigators from the National City Police Department in the amount of $148,000; and WHEREAS, these positions are funded only as long as the funds from HIDTA are available, otherwise the positions would be terminated; and WHEREAS, no local match funding is required from this City for this grant. The City Council of the City of National City authorized and ratified participation on April 15, 2014. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the acceptance of a grant in the amount of $148,000 from the California Border Alliance Group Southwest Border High Intensity Drug Trafficking Area. BE IT FURTHER RESOLVED that the City Council hereby authorizes the establishment of fund appropriations and a corresponding revenue budget for said grant funds. [Signature Page to Follow] 77 of 616 Resolution No. 2016 — Page Two PASSED and ADOPTED this 6th day of September, 2016. ATTEST: Michael R. Dalia, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor 78 of 616 CC/CDC-HA Agenda 9/6/2016 — Page 79 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 79 of 616 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 80 of 616 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 81 of 616 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 82 of 616 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 83 of 616 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 84 of 616 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 85 of 616 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 86 of 616 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 87 of 616 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 88 of 616 RESOLUTION NO. 2016 — 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 WHEREAS, on June 21, 2016, the City Council adopted Resolution No. 2016-88 approving 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; and WHEREAS, 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. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes 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. PASSED and ADOPTED this 6th day of September, 2016. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor 89 of 616 CC/CDC-HA Agenda 9/6/2016 — Page 90 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 90 of 616 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 91 of 616 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; National City, California 91950-4397 Tel.: (619) 336.4220 Fax: (619) 336.4327 92 of 616 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 93 of 616 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 94 of 616 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 95 of 616 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 96 of 616 recommendation that the Code be amended to reflect changes in various designated positions in City Staff as follows: Added Positions • Community Development Specialist II • Deputy City Manager • Director of Neighborhood Services • Director of Housing and Economic Development • Property Agent • 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. 6 Conflict of Interest Code September 6, 2016 Proposed 2016 Amendment 97 of 616 RESOLUTION NO. 2016 — 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 WHEREAS, the Political Reform Act, Government Code Sections 81000, et seq., requires every state or local government agency to adopt and promulgate a Conflict of Interest Code; and WHEREAS, the Fair Political Practices Commission has adopted a regulation, 2 California Code of Regulations Section 18730, which contains the terms of a standard model Conflict of Interest Code, which can be incorporated by reference, and which will be amended to conform to amendments in the Political Reform Act of 1974 after public notice and hearings conducted by the Fair Political Practices Commission pursuant to the Administrative Procedure Act, Government Code Sections 11370, et seq.; and WHEREAS, the City of National City has determined that the attached Appendix accurately sets forth those positions which should be designated and the categories of financial interests which should be made reportable. NOW, THEREFORE, BE IT RESOLVED that except for Section 9.5 thereof pertaining to state officers and employees, the terms of 2 California Code of Regulations Section 18730, attached hereto as Exhibit "A", and any amendments to it duly adopted by the Fair Political Practices Commission, along with the attached Appendix in which officials and employees are designated and disclosure categories are set forth, are hereby incorporated by reference and constitute the Conflict of Interest Code of the City of National City. BE IT FURTHER RESOLVED that Resolution No. 2012-192 is hereby rescinded. PASSED and ADOPTED this 6th day of September, 2016. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor 98 of 616 EXHIBIT A APPENDIX CONFLICT OF INTEREST CODE FOR THE CITY OF NATIONAL CITY, THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY — HOUSING AUTHORITY, AND THE SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY PURPOSE. This Code is adopted pursuant to the provisions of Government Code Section 87300, et seq., to provide for the disclosure or prevention of all foreseeable potential conflicts of interest; to provide effected persons with clear and specific statements of their duties under the Code; and to differentiate between designated persons with different powers and responsibilities. The requirements hereof are in addition to the other requirements of the Political Reform Act and other State and local laws pertaining to conflicts of interest, including the general prohibition against conflicts of interest found in Government Code Section 87100. II. GENERAL PROVISIONS. A. When a person is required to disclose investments and sources of income, that person must disclose investments in business entities and sources of income that do business in the jurisdiction, or have done business in the jurisdiction within the past 12 months (Initial Statement and Assuming Office Statement) or calendar year (Annual Statement). In addition to other activities, a business entity is doing business within the jurisdiction if it owns real property within the jurisdiction. B. When a person is required to disclose interests in real property, that person must disclose real property that is located in whole or in part within the boundaries of the City of National City. C. When a person is required to disclose business positions, that person must disclose positions of director, officer, partner, trustee, employee, or any position of management in organizations or enterprises operated for profit. III. DISCLOSURE. The persons listed below have been designated as those persons who make and participate in the making of decisions which may foreseeably have a material effect on financial interests within their required disclosure categories as defined in 2 Cal. Code of Regulations Section 18730 and its subsequent amendments. The persons listed below are required to file the initial, annual, and leaving office statements of financial interest required by this Code for the types of interests in the categories set forth in the column "Disclosure Categories" opposite the column "Designated Positions." Resolution No. 2016- 1 Conflict of Interest Code Appendix 99 of 616 The Disclosure Categories are: 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. 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 entitles 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. The persons designated as those persons who make and participate in the making of decisions which may foreseeably have a material effect on financial interests with their required disclosure categories as defined in 2 Cal. Code of Regulations Section 18730 and its subsequent amendments are: DESIGNATED POSITION 1. Mayor, Councilmembers 2. Chairman and Members of the Community Development Commission 3. Chairman and Members of the Successor Agency to the Community Development Commission as the National City Redevelopment Agency DISCLOSURE CATEGORIES */ */ */ 4. City Manager */ 5. City Attorney/ Community Development Commission Attorney/Successor Agency Attorney 6. City Treasurer 7. Director of Administrative Services */ */ */ Resolution No. 2016- 2 Conflict of Interest Code Appendix 100 of 616 DESIGNATED POSITION DISCLOSURE CATEGORIES 8. Director of Finance 9. Financial Services Officer 10. Planning Commission 11. Advisory and Appeals Board 12. Assistant City Attorney/Senior Assistant City Attorney 13. Assistant Chief of Police 14. Assistant City Manager 15. Assistant Engineer - Civil 16. Assistant Director of Public Works/Engineering 17. Associate Engineer - Civil 18. Building Inspector 19. Building Official 20. City Clerk (includes Records Management Officer) 21. City Engineer 22. City Librarian 23. Civil Service Commission 24. Community and Police Relations Commission 25. Community Development Program Manager 26. Community Development Specialist II 27. Community Development Specialist III 28. Community Services Director 29. Deputy City Attorney 30. Deputy City Manager 31. Deputy Director of Finance 32. Deputy Director of Human Resources 33. Director of Building and Safety */ */ */ 1,2,3,4,5,6,7 1,2,3,4,5,6,7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1,2,3,4,5,6,7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1,2,3,4,5,6,7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1,2,3,4,5,6,7 1,2,3,4,5,6,7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1,2,3,4,5,6,7 1, 2, 3, 4, 5, 6, 7 1,2,3,4,5,6,7 1,2,3,4,5,6,7 Resolution No. 2016- 3 Conflict of Interest Code Appendix 101 of 616 DESIGNATED POSITION DISCLOSURE CATEGORIES 34. Director of Community Development 35. Director of Emergency Services 36. Director of Housing and Economic Development 37. Director of Human Resources 38. Director of Neighborhood Services 39. Director of Planning 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1,2,3,4,5,6,7 1, 2, 3, 4, 5, 6, 7 1,2,3,4,5,6,7 40. Director of Public Works 1, 2, 3, 4, 5, 6, 7 41. Equipment Maintenance Supervisor 1, 2, 3, 4, 5, 6, 7 42. Executive Assistance III 1, 2, 4, 5, 7 (When assigned to Mayor's, City Manager's, or City Attorney's Office) 43. Executive Assistance IV 1, 2, 4, 5, 7 (When assigned to Mayor's, City Manager's, or City Attorney's Office) 44. Executive Director: Community Development Commission - Housing Authority, and Successor Agency to the Community Development Commission as the National City Redevelopment Agency 45. Facilities Maintenance Supervisor 46. Fire Battalion Chief 47. Fire Chief 48. Housing and Community Development Committee 49. Housing Program Manager 50. Library Board of Trustees 51. Management Analyst I 52. Management Analyst II 53. Management Analyst III 54. MIS Manager 55. Neighborhood Council Coordinator 56. Neighborhood Services Manager 57. Nutrition Program Manager Resolution No. 2016- 4 Appendix 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1,2,3,4,5,6,7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1,2,3,4,5,6,7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1,2,3,4,5,6,7 1,2,3,4,5,6,7 1, 2, 3, 4, 5, 6, 7 Conflict of Interest Code 102 of 616 DESIGNATED POSITION DISCLOSURE CATEGORIES 58. Park Superintendent 59. Park Supervisor 60. Police Captain 61. Police Chief 62. Police Lieutenant 63. Police Support Services Manager 64. Principal Civil Engineer 65. Principal Librarian 66. Principal Planner 67. Project Officer 68. Property Agent 69. Public Art Committee 70. Purchasing Agent 71. Recreation Superintendent 72. Risk Manager 73. Senior Accountant 74. Senior Building Inspector 75. Senior Code Conformance Officer 76. Street and Wastewater Superintendent 77. Street Maintenance Supervisor 78. Traffic Engineer 79. Wastewater Supervisor 80. Consultants: If designated in their contracts, for the categories specified in their contracts by the City Council, the CDC Board, City Manager, Executive Director or Purchasing Agent. 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1,2,3,4,5,6,7 1,2,3,4,5,6,7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1,2,3,4,5,6,7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1,2,3,4,5,6,7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1,2,3,4,5,6,7 1,2,3,4,5,6,7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 */ These positions file disclosure statements as required by Government Code Sections 87200-87210. They are listed here for disqualification purposes only. See Government Code Section 87200 for disclosure requirements. Resolution No. 2016- 5 Conflict of Interest Code Appendix 103 of 616 CC/CDC-HA Agenda 9/6/2016 — Page 104 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 within the City's jurisdiction in the CSCDA Open PACE Programs; authorizing the California Statewide Communities Development Authority to accept applicat 104 of 616 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 within the City's jurisdiction 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 City's jurisdiction; authorizing the Mayor to execute indemnification and insurance agreements with participating administrators; and authorizing related actions. PREPARED BY: Carlos Aguirre, Housing & Economi Development Manager PHONE: 619 336-4391 EXPLANATION: Please see Attachment No. 1. FINANCIAL STATEMENT: ACCOUNT NO. There is no financial impact or liability on the City. DEPARTMENT: Housing & Economic D- : opm nt Dept. APPROVED APPROV APPROVED: J 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: FINAL ADOPTION: 1 STAFF RECOMMENDATION: Adopt the resolution. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Background Report 2. Indemnification and Insurance Agreement for Participating Administrators 3. Resolution 105 of 616 Attachment No. 1 CSCDA Open PACE Program Background Report 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 doing business as AllianceNRG Program' , the Clean Fund, PACE Funding, Renew Financial (administering CaliforniaFIRST), and Spruce Finance. The City of National City ("City") will require that each legal entity acting as program administrators to enter into an Indemnification and Insurance Agreement in substantial conformance with the Agreement attached to this staff report (Please see Attachment No. 2). 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 isthe 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.org. 2 The AllianceNRG Program consists of Deutsche Bank Securities Inc., CounterPointe Energy Solutions LLC and Leidos Engineering, LLC. Page 1 of 4 106 of 616 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 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 can pass a single resolution and provide access to Page 2 of 4 107 of 616 Attachment No. 1 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. Property improvements result in an increase in sales, payroll and property tax revenue to the City. • No City Obligation. As in conventional assessment financing, the City is not obligated to repay the bonds or to pay the assessments levied on the participating properties. Unlike conventional assessment financing, the City has no administrative duties and its name is not on the bonds, as CSCDA's name is on the bonds. • No City 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 staff time is needed to participate in CSCDA Open PACE. • No internal management requirements. The City can provide access for its residents to CSCDA Open PACE without the higher staff costs that an independent program established by the City would require. • Availability of Information on Projects Financed. The City 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 commitment to do everything in its power to improve the environment. Page 3 of 4 108 of 616 Attachment No. 1 The proposed resolution enables CSCDA Open PACE programs to be available to owners of residential and commercial property within the City 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 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 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. Page 4 of 4 109 of 616 Attachment No. 2 INDEMNIFICATION AND INSURANCE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND CLEANFUND COMMERCIAL PACE CAPITAL, INC. d.b.a. "Clean Fund" This Indemnification and Insurance Agreement ("Agreement") is entered into by and between the City of National City, a municipal corporation ("City") and Cleanfund Commercial Pace Capital, Inc., a Delaware corporation, d.b.a. "Clean Fund" ("Administrator"), the administrator of the California Statewide Communities Development Authority's PACE program "CSCDA Open PACE Program" or "Program". RECITALS WHEREAS, the California Statewide Communities Development Authority ("Authority") is a joint exercise of powers authority established pursuant to Chapter 5 of Division 7, Title 1 of the California Government Code (Section 6500 et. seq.) and the Joint Exercise of Powers Agreement entered into on June 1, 1988, as amended from time to time ("Authority JPA"); and WHEREAS, the Authority has established a property -assessed clean energy ("PACE") Program ("Authority PACE Program") to provide for the financing of renewable energy generation, energy and water efficiency improvements, seismic strengthening improvements, electric vehicle charging infrastructure and such other infrastructure as may be authorized by law from time to time (the "Improvements") pursuant to Chapter 29 of Division 7 of the California Streets and Highways Code ("Chapter 29"), within counties and cities throughout the State of California that elect to participate in the Program; and WHEREAS, the City Council of the City of National City has approved the City joining the Authority, has consented to the inclusion in the CSCDA Open PACE Program of all of the properties in the jurisdictional boundaries of the City and to the acquisition, construction, and installation of the Improvements, upon the request by and voluntary agreement of owners of such properties, in compliance with the laws, rules and regulations applicable to the Program; and WHEREAS, the Authority and the Administrator have entered into a Third Party Administration Agreement, dated April 7, 2016, in which the Administrator agrees to administer the CSCDA Open PACE Program; and WHEREAS, the Administrator agrees to indemnify the City and to provide insurance in connection with the administration of the CSCDA Open PACE Program in the City of National City. Indemnification Insurance Agreement 1 City of National City and 2016 Cleanfund Commercial Pace Capital, Inc. 110 of 616 Attachment No. 2 NOW, THERFORE, in consideration of the Recitals above and of the City's agreement to join the Authority and to participate in the CSCDA Open PACE Program, the parties agree as follows: 1. Agreement to Indemnify. The Administrator agrees to defend, indemnify, and hold harmless the City, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all claims, damages, losses, expenses, fines, penalties, judgments, demands, and defense costs (including, without limitation, actual, direct, out-of- pocket costs and expenses, and amounts paid in compromise or settlement and reasonable outside legal fees arising from litigation of every nature or liability of any kind or nature including civil, criminal, administrative or investigative) arising out of or in connection with the CSCDA Open PACE Program, except such loss or damage which was caused by the sole negligence or willful misconduct of the City. The Administrator will conduct all defenses at its sole cost and expense, and the City shall reasonably approve selection of the Administrator's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies of the Administrator, its affiliates or any other parties are applicable thereto. The policy limits of any insurance of the Administrator, its affiliates or other parties are not a limitation upon the obligation of the Administrator, including without limitation, the amount of indemnification to be provided by the Administrator. The provisions of this section shall survive the termination of this Agreement. 2. Insurance. The Administrator agrees, at no cost or expense to the City, at all times during the administration of the CSCDA Open PACE Program, to maintain the insurance coverage set forth in Exhibit "A" to this Agreement. 3. Amendment/Interpretation of this Agreement. This Agreement, including all Exhibits attached hereto, represents the entire understanding of the parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by both parties hereto. This Agreement shall not be interpreted for or against any party by reason of the fact that such party may have drafted this Agreement or any of its provisions. 4. Section Headings. Section headings in this Agreement are included for convenience of reference only and shall not constitute a part of this Agreement for any other purpose. 5. Waiver. No waiver of any of the provisions of this Agreement shall be binding unless in the form of a writing signed by the party against whom enforcement is sought, and no such waiver shall operate as a waiver of any other provisions hereof (whether or not similar), nor shall such waiver constitute a continuing waiver. Except as specifically provided herein, no 2 City of National City and Indemnification Insurance Agreement 2016 Cleanfund Commercial Pace Capital, Inc. 111 of 616 Attachment No. 2 failure to exercise or any delay in exercising any right or remedy hereunder shall constitute a waiver thereof. 6. Severability and Governing Law. If any provision or portion thereof of this Agreement shall be held by a court of competent jurisdiction to be invalid, void, or otherwise unenforceable, the remaining provisions shall remain enforceable to the fullest extent permitted by law. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of California applicable to contracts made and to be performed in California. 7. Notices. All notices, demands and other communications required or permitted hereunder shall be made in writing and shall be deemed to have been duly given if delivered by hand, against receipt, or mailed certified or registered mail and addressed as follows: If to the Administrator: If to the City: Alfredo Ybarra Director, Housing, Grants, and Asset Management City of National City 1243 National City Boulevard National City, CA 91950-4301 8. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, which together shall constitute the same instrument. 9. Effective Date. This Agreement will be effective as of the date of the signature of City's representative as indicated below in the City's signature block. Indemnification Insurance Agreement 3 City of National City and 2016 Cleanfund Commercial Pace Capital, Inc. 112 of 616 Attachment No. 2 IN WITNESS HEREOF, the parties hereto duly executed this Agreement as of the date below. CITY ADMINISTRATOR CITY OF NATIONAL CITY By: Ron Morrison, Mayor Date: APPROVED AS TO FORM: Claudia G. Silva City Attorney CLEANFUND COMMERCIAL PACE CAPITAL, INC. d.b.a. "Clean Fund" By: Date: Name Title 4 City of National City and Indemnification Insurance Agreement 2016 Cleanfund Commercial Pace Capital, Inc. 113 of 616 Attachment No. 2 INSURANCE A. Minimum Scope of Insurance Coverage shall be at least as broad as: EXHIBIT A 1. The coverage provided by Insurance Services Office Commercial General Liability coverage ("occurrence") Form Number CG 0001; and 2. The coverage provided by Insurance Services Office Form Number CA 0001 covering Automobile Liability. Coverage shall be included for all owned, non - owned and hired automobiles; and 3. Workers' Compensation insurance as required by the California Labor Code and Employers Liability insurance; and 4. Professional Liability Errors & Omissions for all professional services. There shall be no endorsement reducing the scope of coverage required above unless approved by the National City Risk Manager. B. Minimum Limits of Insurance Administrator shall maintain limits no less than: 1. Commercial General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit; and 2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage; and 3. Workers' Compensation and Employers Liability: Workers' Compensation limits as required by the California Labor Code and Employers Liability limits of $1,000,000 per accident; and 4. Professional Liability Errors & Omissions $1,000,000 per occurrence/ aggregate limit. C. Deductibles and Self -Insured Retentions Any deductibles or self -insured retentions must be declared to, and approved by the National City Risk Manager. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects City, its officers, employees, agents, contractors Indemnification Insurance Agreement 5 City of National City and 2016 Cleanfund Commercial Pace Capital, Inc. 114 of 616 Attachment No. 2 and volunteers; or Administrator shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses in an amount specified by the National City Risk Manager. D. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: 1. Commercial General Liability and Automobile Liability Coverages. a. National City, its officers, employees, agents, contractors, and volunteers are to be covered as additional insureds as respects: Liability arising out of activities performed by or on behalf of Administrator; products and completed operations of Administrator; premises owned, leased, or used by Administrator; and automobiles owned, leased, hired or borrowed by Administrator. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, employees, agents, contractors, and volunteers. b. Administrator's insurance coverage shall be primary insurance as respects the City, its officers, employees, agents, contractors, and volunteers. Any insurance or self-insurance maintained by City, its officers, employees, agents, contractors, or volunteers shall be excess of Administrator's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies by Administrator shall not affect coverage provided to the City, its officers, employees, agents, contractors, or volunteers. d. Coverage shall state that Administrator's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. e. Coverage shall contain a waiver of subrogation in favor of the City, its officers, employees, agents, contractors, and volunteers. 2. Workers' Compensation and Employers' Liability. Coverage shall contain waiver of subrogation in favor of National City, its officers, employees, agents, contractors, and volunteers. 3. All Coverages Each insurance policy required by this AGREEMENT shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or reduced in limits except after thirty (30) days' prior written notice has been given to the City, except that ten (10) days' prior written notice shall apply in the event of cancellation for nonpayment of premium. 6 City of National City and Indemnification Insurance Agreement 2016 Cleanfund Commercial Pace Capital, Inc. 115 of 616 Attachment No. 2 E. Acceptability of Insurers. Insurance is to be placed with insurers acceptable to the National City Risk Manager. F. Verification of Coverage. Administrator shall furnish the City with certificates of insurance and with original endorsements affecting coverage required by this AGREEMENT. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. Proof of insurance shall be either emailed in pdf format to: eamaya@nationalcityca.gov or mailed to the following postal address or any subsequent address as may be directed in writing by the National City Risk Manager: City of National City Attn: Risk Manager 1243 National City Boulevard National City, CA 91950-4301 G. Subcontractors Administrator shall include all subcontractors as insureds under its policies or shall obtain separate certificates and endorsements for each subcontractor. Indemnification Insurance Agreement 7 City of National City and 2016 Cleanfund Commercial Pace Capital, Inc. 116 of 616 RESOLUTION NO. 2016 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY CONSENTING TO THE INCLUSION OF PROPERTIES WITHIN THE CITY'S JURISDICTION IN THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY 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 CITY'S JURISDICTION; AUTHORIZING THE MAYOR TO EXECUTE INDEMNIFICATION AND INSURANCE AGREEMENTS WITH PARTICIPATING ADMINISTRATORS; AND AUTHORIZING RELATED ACTIONS WHEREAS, the California Statewide Communities Development Authority (the "Authority") is a joint exercise of powers authority, the members of which include numerous cities and counties in the State of California, including the City of National City (the "City"); and WHEREAS, the Authority is implementing Property Assessed Clean Energy (PACE) programs, which it has designated CSCDA Open PACE, consisting of CSCDA Open PACE programs each administered by a separate program administrator (collectively with any successors, assigns. replacements or additions, the "Programs"), to allow the financing or refinancing of renewable energy, energy efficiency, water efficiency and seismic strengthening improvements, electric vehicle charging infrastructure and such other improvements, infrastructure or other work as may be authorized by law from time to time (collectively, the "Improvements") through the levy of contractual assessments pursuant to Chapter 29 of the Improvement Bond Act of 1911, Division 7 of the Streets & Highways Code ("Chapter 29") within counties and cities throughout the State of California that elect to participate in such program; and WHEREAS, the program administrators currently active in administering Programs are Counterpointe Energy Solutions LLC, d.b.a. "AllianceNRG Program"; Counterpointe Energy Solutions (CA) LLC, d.b.a. "AllianceNRG Program"; Cleanfund Commercial Pace Capital, Inc., d.b.a. "Clean Fund"; Pace Funding Group, LLC; d.b.a. "PACE Funding"; Renewable Funding LLC; and Spruce Finance Inc., and the Authority will notify the City in advance of any requested additions or changes to the manner in which the program administrators operate within the City's jurisdiction; and WHEREAS, the Legislature has authorized cities and counties to assist property owners in financing the cost of installing Improvements through a voluntary contractual assessment program; and WHEREAS, the City desires to allow the owners of all of the property ("Participating Property Owners") in the incorporated area within the City to participate in the Programs and to allow the Authority to conduct assessment proceedings under Chapter 29 within its jurisdiction and to issue bonds to finance or refinance Improvements; and WHEREAS, the Authority will conduct all assessment proceedings under Chapter 29 for the Programs and issue any bonds issued in connection with the Programs; and WHEREAS, the City will not be responsible for the conduct of any assessment proceedings, the levy and collection of assessments or any required remedial action in the case of delinquencies in the payment of any assessments or the issuance, sale or administration of any bonds issued in connection with the CSCDA Open PACE Program. 117 of 616 Resolution No. 2016 — Page Two NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City as follows: Section 1. This City Council hereby finds and declares that the foregoing recitals are true and correct. Section 2. The City Council finds and declares that properties located within the City's jurisdiction will be benefited by the availability of the Programs to finance the installation of Improvements. Section 3. In connection with the Programs, the City hereby consents to the conduct of special assessment proceedings by the Authority pursuant to Chapter 29 on any property within the City's jurisdiction and the issuance of bonds under the 1911 Act to finance or refinance Improvements; provided, that (1) The Participating Property Owners, who shall be the legal owners of such property, execute a contract pursuant to Chapter 29 and comply with other applicable provisions of California law in order to accomplish the valid levy of assessments; and (2) The City will not be responsible for the conduct of any assessment proceedings; the levy or collection of assessments or any required remedial action in the case of delinquencies in such assessment payments; or the issuance, sale or administration, repayment or guarantee of any bonds or any other bonds issued in connection with the Programs. (3) The administrators of the CSCDA Open PACE Program listed in Section 5 below execute the City's Indemnification and Insurance Agreement on substantially similar terms as presented herewith. Section 4. The appropriate officials and staff of the City are hereby authorized and directed to make applications for the Programs available to all property owners who wish to finance or refinance Improvements; provided, that the Authority shall be responsible for providing such applications and related materials at its own expense. The following staff persons, together with any other staff persons chosen by the City Manager of the City from time to time, are hereby designated as the contact persons for the Authority in connection with the Programs: Alfredo Ybarra, Director of Housing, Grants, and Assessment Management, (619) 336-4254, aybarra(a7nationalcityca.gov. Section 5. The Mayor is authorized to execute the Indemnification and Insurance Agreement between the City and: Counterpointe Energy Solutions LLC, d.b.a_ "AllianceNRG Program"; Counterpointe Energy Solutions (CA) LLC, d.b.a. "AllianceNRG Program"; Cleanfund Commercial Pace Capital, Inc., d.b.a. "Clean Fund"; Pace Funding Group, LLC, d.b.a. "PACE Funding"; Renewable Funding LLC; and Spruce Finance Inc., the administrators of the CSCDA Open PACE Program on substantially similar terms as presented herewith. Section 6. The City Manager, or her designees, are hereby authorized and directed to execute and deliver such certificates, requisitions, agreements and related documents as are reasonably required by the Authority to implement the Programs. 118 of 616 Resolution No. 2016 — Page Three Section 7. The City Council hereby finds that adoption of this Resolution is not a "project" under the California Environmental Quality Act, because the Resolution does not involve any commitment to a specific project which may result in a potentially significant physical impact on the environment, as contemplated by Title 14, California Code of Regulations, Section 15378(b)(4). Section 8. This Resolution shall take effect immediately upon its adoption. The City Clerk is hereby authorized and directed to transmit a certified copy of this resolution to the Secretary of the Authority at: Secretary of the Board, California Statewide Communities Development Authority, 1400 K Street, Sacramento, CA 95814. PASSED and ADOPTED this 6th day of September, 2016. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor 119 of 616 CC/CDC-HA Agenda 9/6/2016 — Page 120 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 120 of 616 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 121 of 616 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 the Police Department Building Improvements Project, CIP No. 15-06, which includes electrical and mechanical upgrades to support expansion of the Police Department Property and Evidence Room, ADA upgrades, fire suppression system upgrades to both the Police Department server room and City Hall server room, HVAC upgrades to the Police Department server room, and waterproofing. Construction has progressed satisfactorily through the project. The tenant improvements to the Property and Evidence room are substantially complete, as well 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 that 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. 122 of 616 RESOLUTION NO. 2016 — 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, AND REMAINING ELECTRICAL AND BUILDING IMPROVEMENTS WHEREAS, 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 the Police Department Building Improvements Project, which included electrical and mechanical upgrades to support expansion of the Police Department Property and Evidence Room, ADA upgrades, fire suppression system upgrades to both the Police Department server room and City Hall server room, HVAC upgrades to the Police Department sever room, and waterproofing; and WHEREAS, on May 3, 2016, the City Council adopted Resolution 2016-59 increasing the contract by the not to exceed amount of $127,007.15; and WHEREAS, 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; and WHEREAS, an increase to the contract with Kinsman Construction, Inc., in the not to exceed amount of $80,000 is necessary to complete the planter landscaping, irrigation, remaining electrical and building improvements, for a total not to exceed contract amount of $1,167,585.90, which amount includes the 25% contingency that was approved by the City Council when the contract was awarded. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes an increase to the contract with Kinsman Construction, Inc., in the not to exceed amount of $80,000 to complete the planter landscaping, irrigation, remaining electrical and building improvements, for a total not to exceed Agreement amount of $1,167,585.90. Said contract is on file in the Office of the City Clerk. PASSED and ADOPTED this 6th day of September, 2016. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva City Attorney 123 of 616 CC/CDC-HA Agenda 9/6/2016 — Page 124 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City amending the Executive Compensation Plan by revising a position title from Director of Housing Grants & Asset Management to Director of Housing and Economic Development in recognition of the reti 124 of 616 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 amending the Executive Compensation Plan by revising a position title from Director of Housing Grants & Asset Management to Director of Housing and Economic Development in recognition of the retitled department. PREPARED BY: Stacey Stevenson PHONE: 336-4308 APPROVED BY: EXPLANATION: Every position within the City of National City has an official job title or classification. Such titles or classifications are determined by the work performed by the position and are listed in the Compensation Plan of the appropriate employee group. With this action, staff requests that the existing Executive group position be retitled from Director of Housing Grants & Asset Management to Director of Housing and Economic Development. The Fiscal Year 2017 budget includes funding for a position to reassume economic development as a dedicated staff function. The budgeted position was assigned to the Housing Grants & Asset Management Department. After budget adoption, in recognition of this new function, the department was retitled Housing and Economic Development. The Economic Development portion of the title is used as a broader term to better encompass the new economic development unit as well the grants and asset management units. The change in job title is proposed for consistency between the name of the department and the title of the department head. DEPARTMENT: Human Resources 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 to amend the Executive Compensation Plan by revising the title Director of Housing Grants & Asset Management to Director of Housing and Economic Development. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Resolution 125 of 616 RESOLUTION NO. 2016 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING THE EXECUTIVE COMPENSATION PLAN BY REVISING A POSITION TITLE FROM DIRECTOR OF HOUSING GRANTS AND ASSET MANAGEMENT TO DIRECTOR OF HOUSING AND ECONOMIC DEVELOPMENT IN RECOGNITION OF THE RETITLED DEPARTMENT WHEREAS, every position within the City of National City has an official job title or classification that are determined by the work performed by the position and are listed in the Compensation Plan of the appropriate employee group; and WHEREAS, due to the change of the department title from Housing, Grants, and Asset Management Department to Housing and Economic Development Department the existing Executive group position needs be retitled from Director of Housing, Grants, and Asset Management to Director of Housing and Economic Development; and WHEREAS, the Fiscal Year 2017 budget includes funding for a position to reassume economic development as a dedicated staff function that was assigned to the Housing Grants and Asset Management Department; and WHEREAS, after the adoption of the budget, in recognition of this new function, the Department was retitled Housing and Economic Development. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes amending the Executive Compensation Plan to revise the position title of Director of Housing, Grants, and Asset Management to Director of Housing and Economic Development in recognition of the retitled department. PASSED and ADOPTED this 6th day of September, 2016. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor 126 of 616 CC/CDC-HA Agenda 9/6/2016 — Page 127 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) 127 of 616 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 1 COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Warrant Register #4 Finance MIS IILO OT 016 f 1/3 *).* GA.11FO10.11A 4.0. 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 7125/16 988.13 16' GRAFFITI SHEETING / PW 324480 7126/16 235.44 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 7/26/16 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 7126/16 933.68 ERGOGENSIS CHAIR / HOUSING 324509 7/26/16 920.81 PLAN CHECK SERVICES / BUILDING 324510 7/26/16 60,167,85 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 / MIE 324515 7/26/16 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 7/26116 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 7/26110 311.74 LAB SUPPLIES / POLICE 324524 7/26/16 664.71 K9 MONTHLY SVC FEE / FEB 2016 324525 7/26/16 1,560.00 MOP 45729 MISC SUPPLIES / FIRE 324526 7/26/16 48.04 REIMB: CRIME 129 Of 616 = / PD 324527 7126/16 142.60 2/3 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 7/26116 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 7/26/16 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 7126116 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 130 of 616 3E 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 DESCRIPTION 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 $1,436,022.14 131 of 616 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 132 of 616 CC/CDC-HA Agenda 9/6/2016 — Page 133 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) 133 of 616 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 DEPARTMENT: Finance PHONE: :619-336-4572 athzer 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 Trafiic Inc Union Bank of California Public Emp Ret System 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 FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $3,388,476.98 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 APPROVED: APPROVED: ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: MIS STAFF RECOMMENDATION: Ratify warrants totaling $3,388,476.98 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Warrant Register #5 134 of 616 1/4 PAYE UNITED S I Ai E3 TREASURY AYLES, T ACEDC, 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 BOYD JR, 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 0 MAX ENGINEERING INC DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DANESKFAR, Z DELTA DENTAL DELTA DENTAL DELTA DENTAL INSURANCE CO DESROCHERS, P DI CERCHIO, A DILLARD, S -10-t CALI PORN IA NATIONAL CITY C6taY WARRANT REGISTER #5 8/2/2016 DESCRIPTION QUARTERLY TAXES / FINANCE REIMB-MOTORCYLE COURSE / PD RETIREE HEALTH BENEFITS / AUG 2016 BANDIT STRAPPING/STRIPING PAINT / PW LIVE FIRE TRAINING / FIRE AFLAC ACCT BDM36 / AUG 2016 ED REIMBURSEMENT DISPLAY CABINET FOR CHILDREN'S ROOM / LIBRARY RETIREE HEALTH BENEFITS / AUG 2416 ERGONOMIC DESK / NICOLE P. HYDROGEN SULFIDE / FIRE PHONE SERVICES / JUNE 2016 PHONE SERVICES / JUNE 2016 ALLEY DESIGN SERVICES PROJECT BOOKS- LIBRARY RETIREE HEALTH BENEFITS / AUG 2016 RETIREE HEALTH BENEFITS / AUG 2016 RETIREE HEALTH BENEFITS / AUG 2016 COMPACTOR RAMMER AND PLATE / ENGINEERING RETIREE HEALTH BENEFITS / AUG 2016 MOP#64096 WEARING APPAREL RETIREE HEALTH BENEFITS 1 AUG 2016 BOOKS - LIBRARY FIRE LTD / AUG 2016 REGISTRATION: 2416 ANNUAL SEMINAR / IBARRA METER PEDESTAL / PW PD LTD / AUG 2016 TUITION: 39TH ANNUAL ARPOC 1 PD RETIREE HEALTH BENEFITS / AUG 2016 INTERPRETING SVC- PARADISE CREEK SHARP 60' LED BACKLIT LCD TV / MIS LIABILITY AND RISK SERVICES / JUNE 2016 MOP#80331 AUTO PARTS RETIREE HEALTH BENEFITS 1 AUG 2016 RETIREE HEALTH BENEFITS / AUG 2016 RETIREE HEALTH BENEFITS 1 AUG 2016 CDBG EXPENSE REIMB / 4TH QTR / HOUSING MEMBERSHIP RENEWAL / PW ANNUAL SUBSCRIPTION / MIS REFUND DEV DEPOSIT - T&A 90120 LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS RETIREE HEALTH BENEFITS / AUG 2016 DENTAL INS PREMIER / AUG 2016 COBRA DENTAL INS /JUNE 2016 PM! DENTAL INS / AUG 2016 RETIREE HEALTH BENEFITS 1 AUG 2016 RETIREE HEALTH 135 of 616 2016 RETIREE HEALTH 2016 CHI( NO DATE AMOUNT 324479 7/27116 21.62 324588 8/2/16 113.30 324589 8/2/16 164.00 324590 8/2116 274.02 324591 8/2/16 21,022.50 324592 8/2116 661.84 324593 8/2/16 185.00 324594 8/2/16 189.00 324595 8/2/16 110.00 324596 8/2/16 2,752.36 324597 812/16 355.71 32459E 8/2/16 357.32 324599 8/2/16 44.58 324600 8/2/16 31,455.54 324601 8/2/16 .249.31 324602 8/2/16 70.00 324603 8/2/16 140.00 324604 8/2/16 110.00 324605 8/2/16 170.61 324606 8/2/16 260.00 324607 8/2/16 250.00 324608 8/2/16 145,00 324609 8/2/16 507.02 324610 8/2/16 780.00 324611 8/2/16 379.00 324612 8/2/16 3,855.34 324613 8/2/16 2,082.50 324614 8/2/16 2,385.00 324615 8/2/16 290.00 324616 8/2/16 140.00 324617 8/2/16 4,318.80 324618 8/2/16 7,245.00 324619 812/16 497.73 324620 8/2/16 165.00 324021 8/2/16 280.00 324622 8/2/16 140.00 324623 8/2/16 9,848.39 324624 8/2/16 255.00 324625 8/2/16 1,139.95 324626 8/2/16 1,070.00 324627 8/2/16 1,575.36 324628 8/2/16 346.33 324629 8/2/16 245.00 324630 8/2/16 250.00 324631 8/2116 15.825.95 324632 8/2/16 45.22 324633 8/2/16 2,710.62 324634 8/2/16 110.00 324635 8/2/16 7000 324636 8/2/16 480.00 214 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 LEARNINGAZLLC LIEBERT CASSIDY WHITMORE LIMFUECO, M MATIENZO, M MC CABE, T mob: C,A_L3FPAR A.- NATIO airy 11 CO Rio 'NOD WARRANT REGISTER #5 8/2/2016 DESCRIPTION SAND AND WATER ACTIVITY TUBS 1 CSD NATIONAL CITY PROP 84 "A' AVENUE PROJECT RETIREE HEALTH BENEFITS I AUG 2016 RETIREE HEALTH BENEFITS / AUG 2016 PLUMBING PARTS & MATERIALS / PW RETIREE HEALTH BENEFITS 1 AUG 2016 EXPRESS SHIPMENT I FIRE MOP#45723 SUPPLIES 1 PW RETIREE HEALTH BENEFITS / AUG 2016 LAS PALMAS PARK & MUNICIPAL POOL PROJECT ED REIMBURSEMENT RETIREE HEALTH BENEFITS / AUG 2016 PARADISE CREEK EMERG, PROJECT RETIREE HEALTH BENEFITS 1 AUG 2016 RETIREE HEALTH BENEFITS / AUG 2016 TUITION: BETTER BUDGETING/FINANCE MOP#65179 SUPPLIES 1 FIRE MONTHLY MANAGED SVC I JUL 2016 GTC SUPPORT / JUNE / MIS ROVVERX PACKAGE FOR CITY VEHICLE P$ EXPANDED 3/41SM SHEAR / PW RETIREE HEALTH BENEFITS / AUG 2016 RETIREE HEALTH BENEFITS 1 AUG 2016 RETIREE HEALTH BENEFITS / AUG 2016 FULL NETWORK 57135A 1 AUG 2016 HEALTH INS R1192A / AUG 2016 RETIREE HEALTH BENEFITS / AUG 2016 RETIREE HEALTH BENEFITS 1 AUG 2016 RETIREE HEALTH BENEFITS 1 AUG 2016 TEMPERATURE SENSOR 1 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 I AUG 2016 HDHSAINS IAUG 2016 RETIREES INS COBRA / JUNE 2016 RETIREE HEALTH BENEFITS / AUG 2016 MEA COMPENSATION STUDY / HR REGISTRATION: J MADAMBA/PLANNING RETIREE HEALTH BENEFITS 1 AUG 2016 LINE INTERPRETATION SERVICES 1 PD LIBRARY MATERIALS REGISTRATION: LCW WEBINAR/HR RETIREE HEALTH BENEFITS 1 AUG 2016 RETIREE HEALTH 136 of 616 2016 RETIREE HEALTH 2016 CHK NO DATE AMOUNT 324837 8/2/16 384.36 324838 812/16 19,960.08 324639 8/2/16 250.00 324640 8/2/16 250.00 324641 8/2/16 114.96 324642 8/2/16 220.00 324643 812/16 107.99 324644 8/2/16 571.04 324645 812/16 540.00 324646 8/2/16 100,914.23 324647 8/2/16 500.00 324648 8/2/16 115,00 324649 812/16 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 812/16 120.00 324661 8/2/16 5,334.29 324662 812/16 71,339.53 324663 8/2/16 400.00 324664 812/16 200.00 324665 8/2/16 110.00 324666 8/2/16 1,075.52 324667 8/2/16 545.16 324668 812/16 352.70 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 812/16 7572.29 324675 8/2/16 5,622.80 324676 8/2/16 549.00 324677 8/2/16 300.00 32467E 8/2/16 4,600.00 324679 8/2/16 250.00 324680 8/2/16 155.00 324681 8/2/16 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 812/16 280.00 314 PAYEE MEDIFIT COMMUNITY SERVICES LLC MEDINA, R METRO AUTO PARTS DISTRIBUTOR MINER, D MOR FURNITURE FOR LESS MYERS. S NITV FEDERAL SERVICES LLC NOTEWARE, D O'REILLY AUTO PARTS ORKIN PADILLA, J PAUU JR, P PEACE OFFICERS RESEARCH ASSOC PEASE JR, 0 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 ' D . / 1 -+ CAI.! F.O R.N I A NATIONAL- CITY- WARRANT D ESC RI PTJQN MANAGEMENT FEE / COMM SVCS RETIREE HEALTH BENEFITS /AUG 2016 MOP#75943 AUTO SUPPLIES RETIREE HEALTH BENEFITS/AUG 2016 MATTRESSES / FIRE DEPT RETIREE HEALTH BENEFITS / AUG 2016 TUITION: COMPUTER VOICE STRESS/PD RETIREE HEALTH BENEFITS / AUG 2016 MOP#75877 AUTOMOTIVE SUPPLIES / PW CITY WIDE PEST CONTROL MAINTENANCE MISS 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 / AUG 2016 RETIREE HEALTH BENEFITS / 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 / AUG 2016 MOP#45751 AUTO SUPPLIES / PW RETIREE HEALTH BENEFITS / AUG 2016 EXPLORER ACADEMY ENROLLMENT / PD TUITION: PUBLIC SAFETY / CMO TUITION: USE OF FORCE LIABILITY/PD PUBLIC NOTICE / HOUSING RETIREE HEALTH BENEFITS / AUG 2016 MOP#77816 PAINT 1 PW RETIREE HEALTH BENEFITS / 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 / HOUSING KIMBALL PARK PROJECT ED REIMBURSEMENT RETIREE HEALTH BENEFITS / AUG 2016 MOVIE AT THE PARK EVENT / CSD NOTICE OF ELECTION - MANDARIN WIPING CLOTHS/PAINT CUP/ROLLER TRAY / NSR MOP#45726 AUTO PARTS / PW LIFE & AD&D, STD, t16 137 of 616 CLEAR INVESTIGA / PD CHK NO DATE AMOUNT 324687 8/2116 29,795.86 324688 8/2/16 105.00 324689 8/2/16 1,560.16 324690 8/2116 580.00 324691 8/2/16 16, 000.04 324692 8/2116 140.00 324693 8/2116 1,780.00 324694 8/2/16 120.00 324695 8/2/16 75.04 324696 8(2/16 833.00 324697 8/2/16 100.00 324698 8/2/16 340.00 324699 8/2/16 110.00 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 812/16 791.16 324707 8/2/16 692.18 32470E 8/2116 190.00 324709 8/2/16 125.00 324710 8/2/16 2,779,88 324711 8/2/16 4,059.00 324712 8/2/16 135.00 324713 8/2/16 206.30 324714 8/2/16 310.00 324715 8/2116 7,650.00 324716 812/16 25.00 324717 8/2/16 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+2116 6,000.00 324725 8/2/16 62.71 324726 8/2116 349.00 324727 8/2/16 1,293.93 324728 8/2/16 66,803.14 324729 8/2116 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 4/4 PAYEE 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 BAPS PAYROLL Pay period Start Date 16 7/19/2016 +}*.cA.L?IF0.1.01A •.. NATIONAL ary s '+, v WARRANT REGISTER #5 8/2/2016 DESCRIPTION ON -SCENE, 24 HR VOLUNTEER RESPONSE RETIREE HEALTH BENEFITS /AUG 2016 CITY WIDE PLUMBING MATERIALS MOP#36649 AUTO PARTS / PW CREDIT CARD EXPENSES / CITY ATTORNEY PRE-EMP PHYSICALS / PD CELLULAR SERVICE / 6/01/16-07/01/16 RETIREE HEALTH BENEFITS / AUG 2016 RETIREE HEALTH BENEFITS / AUG 2016 MOP##68834 SUPPLIES / PW 3/4IN 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 - 07/16/16 Start Date End Date 7/27/2016 8/2/2016 End Date Check Date 8/1 /2018 8/10/2016 CHK NO DATE 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 8/2116 103.21 324742 8/2/16 395.00 324743 8/2116 1.60 324744 8/2/16 280.00 324745 8/2/16 480.00 324746 8/2116 62.13 324747 8/2/16 158.00 324748 8/2/16 39.00 321749 8/2/16 335.59 324750 8/2/16 230.00 324751 812/16 339.98 324752 8/2/16 300.00 324753 8/2/16 219.98 324754 8/2/16 231.88 A/P Total 329,771.33 289911 7/28/16 317,724.11 7272016 7/27/16 400,509.36 799,970.64 1,040,501.04 GRAND TOTAL $3,388,476.98 138 of 616 Certification IN ACCORDANCE WITII 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 FAYMENTT THEREOF AND FURTHER THAT TILE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW MARK ROBERTS, FINANCE LESLIE DEESE, CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN 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 TIIE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 6th OF SEPTEMBER, 2016. AYES NAYS ABSENT 139 of 616 CC/CDC-HA Agenda 9/6/2016 — Page 140 The following page(s) contain the backup material for Agenda Item: Public Hearing as required by Section 147(f) of the Internal Revenue Code of 1986 by the City Council of the City of National City to consider the proposed issuance by California Municipal Finance Authority of its revenue bonds in an amount that is not -to 140 of 616 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 6, 2016 AGENDA ITEM NO. ITEM TITLE: 147(f) of the Internal Revenue the proposed issuance by that is not -to -exceed $50,000,000 affordable multifamily housing 8R" Street in National City. Housing & Economic„ Qi t Code of 1986 by the California Municipal Finance to finance the project commonly known DEPARTMENT: H 9 mg APPROVE* • ' : /,w. _ City Council Authority acquisition and as Granger Economic Dev. Public Hearing as required by Section of the City of National City to consider of its revenue bonds in an amount rehabilitation of an existing 180-unit Apartments located at 2700 East PREPARED BY: Carlos Aguirre, Development Manager PHONE: (619) 336-4391 EXPLANATION: 7 t� See Attachment No. 1. FINANCIAL STATEMENT: APP►ROVED'N -%-- .. t- _ finance ACCOUNT NO. See Page 2 of Attachment No. 1 ENVIRONMENTAL REVIEW: for Summary of Fiscal Impact FINAL ADOPTION: APPROVED: MIS Not applicable to this report. ORDINANCE: INTRODUCTION: STAFF RECOMMENDATION: Conduct the Public Hearing. BOARD / COMMISSION RECOMMENDATION: Not applicable to this report. ATTACHMENTS: Attachment No. 1: Background Report Attachment No. 2: Bond Application Attachment No. 3: Public Notice 141 of 616 Attachment No. 1 TEFRA Public Hearing and Resolution for Granger Apartments The purpose of the public hearing on September 6th is to comply with the Tax and Equity Fiscal Responsibility Act ("TEFRA") 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. The Bonds will be in an amount not to exceed $50,000,000 (the "Bonds"), and 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, and commonly known as Granger Apartments (the "Project"). The City Council of the City of National City will conduct the public hearing under the requirements of TEFRA and the Internal Revenue Code of 1986, as amended (the "Code"). After conducting the public hearing the City Council will consider adopting 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. CALIFORNIA MUNICIPAL FINANCE AUTHORITY: The California Municipal Finance Authority ("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. 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 is not 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 142 of 616 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 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, approximately $15,000, will be granted by the CMFA to the general fund of the City about three weeks after bond closing (December 1, 2016). Such grant may be used for any lawful purpose of the City. 143 of 616 Attachment No. 2 Carlos Aguirre From: GRANGER HOUSING, LP, a California limited partnership <june@sdghousing.com> Sent: Tuesday, July 05, 2016 4:46 PM To: John Stoecker; Ben Barker; Travis Cooper; Anthony Stubbs; Katrina Dair Subject: [SPAMJCMFA Application: GRANGER HOUSING, LP, a California limited partnership Borrower's Information Name GRANGER HOUSING, LP, a California limited partnership Address 2700 East 8th Street National City, California 91950 United States Map It Point of Contact / Project Manager June Park Title VP Development Phone (310) 321-7862 Email iune@sdghousing.com Corporate Structure C Corporation Date of Incorporation 06/01/2016 State of Incorporation California Guarantor's Information Name Rick Siebert Address 1600 Rosecrans Avenue Media Center, 4th Floor Manhattan Beach, California 90266 United States Map It Contact Name June Park Title VP Development 1 144 of 616 Attachment No. 2 Phone (310) 321-7862 Email iune@sdghousing.com Type of Activity Type of Activity • Housing Financing Information Maximum Amount of Bonds 43,000, 000 Anticipated Date of Issuance 12/01/2016 Scheduled Maturity of Bonds 30 Type of Financing New Money State Volume Cap No Type of Offering Private Credit Enhancement None Expected Rating on Bonds NA Project Site Location Address 2700 East 8th Street National City, California 91950 United States Map It Current No. of Employees at this site 12 Full -Time Jobs Created / Retained 12 Project Description Type Acquisition / Rehabilitation Provide Detailed Project Description 2 145 of 616 Attachment No. 2 Granger Apartments is an acq/rehab of an existing 180 unit multifamily affordable community originally built in 1970. • Property is located in National City, approximately 7 miles SE of downtown San Diego, across from Paradise Valley Hospital ( 301 bed facility) and within 1 mile of several retail/shopping. • 150 1BR units at 50% AMI, 10 1BR units at 60% AMI, 13 2BR units at 50%, 7 2BR units at 60%. One non- revenue producing 2BR (manager) • HAP Contract for 90% of units. Sponsor will receive 20 year renewal along with a Mark Up to Market Rents. • Less than 1% economic vacancy sine 2012. • Originally developed utilizing HUD 236 financing, HUD 241 second mortgage pursuant to ELIHPA in 1991, HUD 241 loan was refinanced in 1999 with a HUD 223 (a)(7), original HUD 236 and 223 (a) (7) mortgages were prepaid and refinanced with current debt in 2005. • Located in Qualified (130% basis) Census Tract for LIHTC rehabilitation. • November, 2014 REAC Score: 94b. Activity / Products Manufactured 180 units of affordable multifamily housing for families earning less than 60% AMI. Provide Detailed Summary of Public Benefits Associated With Project Preservation of 180 units of affordable housing. The property's affordability has expired, as such the units are at risk of loss of affordability restrictions. Through the use of the tax exempt bonds, all of the 180 units will be preserved at the current affordability and result in 180 units of housing for low income families. Summary of Project Costs Source of Funds Name Tax -Exempt Bond Proceeds 45000000 Taxable Bond Proceeds 0 Summary of Projects Costs Name Land Acquisition 6900000 Building Acquisition 27600000 Rehabilitation 64310000 New Construction New Machinery / Equipment Used Machinery / Equipment Architectural & Engineering 200000 Legal & Professional 380500 Costs of Issuance Amount Amount Bond Counsel Address 3 146 of 616 Attachment No. 2 475 Sansom St Suite 1700 San Francisco, California 94111 United States Map It Contact Name Steve Melikian Phone (415) 391-5780 Email smelikian@loneshall.com Lender / Underwriter Address 444 s. Flower St. 29th Floor Los Angeles, California 90071 United States Map It Contact Name Sonia Rham Phone (213) 239-1726 Email Sonia. m.rah m(a�citi.com Lender / Underwriter Address 444 S. Flower ST 29th Floor Los Angeles, California 90071 United States Map It Contact Name Sonia Rahm Phone (213) 239-1726 Email sonia.rah m@citi.com Borrower's Counsel Address United States Map It Financial Advisor Address 4 147 of 616 Attachment No. 2 United States Map It Credit Enhancement Provider Address United States Map It Housing Addendum Project Name Granger Apartments Address 2700 East 8th St National City, California 91950 United States Map It Land Owned / Date Acquired or Option 7/6/16 Current Zoning of Project Site multi residential Does Project Require a Zoning Change No Other Entitlements None Number of Units 180 Restricted 180 of Restricted Units 100 of Area Median Income for Low -Income Housing 60% and 50% Describe Amenities Common Areas: Enhanced TV Area with Seating Area Billiards Table / Card Tables, Library and Sitting Areas, New Re -modelled Community Kitchen, New Workout Area, Computer Stations or Tech Room, Renovated Laundry Rooms, Security Camera Upgrades Unit Interiors: New Kitchen and Bathroom Cabinets and Countertops and Light Fixtures, New Sinks, Faucets and Toilets, New Appliances where applicable, New Paint, Carpet and Vinyl Flooring, New Levered Door HardwareEnergy, Efficient Heating and Cooling, New Blinds at all Windows Describe Services SDG Housing Partners is dedicated to providing social services to all residents that reside in our buildings. Through our non-profit partner HCA, we will provide programs including - art, gardening, health and wellness, kaboom, music, photography, computers, sculpture, stop motion, theater & dance, and cooking classes. Please provide a breakdown of the following information 5 148 of 616 Attachment No. 2 No. of Units % of AMI Market Restricted Rents 150 one bed 50 0 1300 10 one bed 60 0 896 13 two bed 50 0 1475 7 two bed 60 1077 6 149 of 616 Attachment No. 3 CALIFORNIA NEWSPAPER SERVICE BUREAU DAILYJ OURNAL CORPORATION Mailing Address : 915 E FIRST ST, LOS ANGELES, CA 90012 Telephone (213) 229-5300 / Fax (213) 229-5481 Visit us @ WWW.LEGALADSTORE.COM STEVE MELIKIAN JONES HALL 475 SANSOME STREET, STE. 1700 SAN FRANCISCO, CA 94111 COPYOF NOTICE Notice Type: HRG NOTICE OF HEARING Ad Description GRANGER APARTMENTS TEFRA NOTICE To the right is a copy of the notice you sent to us for publication in the THE SAN DIEGO UNION. Please read this notice carefully and call us with any corrections. The Proof of Publication will be filed with the County Clerk, if required, and mailed to you after the last date below. Publication date(s) for this notice is (are): 08/19/2016 The charge(s) for this order is as follows. An invoice will be sent after the last date of publication. If you prepaid this order in full, you will not receive an invoice. The charge(s) for this order is as follows. An invoice will be sent after the last date of publication. If you prepaid this order in full, you will not receive an invoice. Publication $355.20 Publication $15.00 Total $370.20 Daily Journal Corporation Serving your legal advertising needs throughout California. Call your local BUSINESS JOURNAL, RIVERSIDE DAILY COMMERCE, LOS ANGELES LOS ANGELES DAILY JOURNAL, LOS ANGELES ORANGE COUNTY REPORTER, SANTA ANA SAN FRANCISCO DAILY JOURNAL, SAN FRANCISCO SAN JOSE POST -RECORD, SAN JOSE THE DAILY RECORDER, SACRAMENTO THE DAILY TRANSCRIPT, SAN DIEGO THE INTER -CITY EXPRESS, OAKLAND (951) 784-0111 (213) 229-5300 (213) 229-5300 (714) 543-2027 (800) 640-4829 (408) 287-4866 (916) 444-2355 (619) 232-3486 (510) 272-4747 11 .. III o0001,9,,,, CNS 2915255 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 150 of 616 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 8/19/16 CNS-2915255# THE SAN DIEGO UNION CC/CDC-HA Agenda 9/6/2016 — Page 151 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City approving membership in the California Municipal Finance Authority (Authority), authorizing the Mayor to execute an Indemnification and Insurance Agreement with SDG Housing Partners, LLC; and app 151 of 616 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 membership in the California Municipal Finance Authority ("Authority"), authorizing the Mayor to execute an Indemnification and Insurance Agreement with SDG Housing Partners, LLC; 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, L.P. and certain other matters relating thereto. PREPARED BY: Carlos Aguirre, Housing & Economick Development Manager DEPARTMENT: H. in{, Economic Dev. PHONE: (619) 336-4391 APPROVED j #1n."- EXPLANATION: See Attachment No. 1. 7-,7c, FINANCIAL STATEMENT: APPROVED ACCOUNT NO. APPROVED: MIS See Attachment No. for a fiscal impact statement. Inance ENVIRONMENTAL REVIEW: The adoption of this resolution in not subject to the provisions of the California Environmental Quality Act (CEQA) because the action will not have the potential for causing a significant effect on the environment. ORDINANCE: INTRODUCTION: FINAL ADOPTION: 1 STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: .Not applicable to this report. ATTACHMENTS: 1: Background Report 2:Joint Powers Authority Agreement 3: Indemnification and Insurance Agreement 4: Resolution 152 of 616 Attachment No. 1 TEFRA Public Hearing and Resolution for Granger Apartments The purpose of the public hearing on September 6th is to comply with the Tax and Equity Fiscal Responsibility Act ("TEFRA") 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. The Bonds will be in an amount not to exceed $50,000,000 (the "Bonds"), and 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, and commonly known as Granger Apartments (the "Project"). The City Council of the City of National City will conduct the public hearing under the requirements of TEFRA and the Internal Revenue Code of 1986, as amended (the "Code"). After conducting the public hearing the City Council will consider adopting 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. CALIFORNIA MUNICIPAL FINANCE AUTHORITY: The California Municipal Finance Authority ("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. 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 is not 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 153 of 616 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 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, approximately $15,000, will be granted by the CMFA to the general fund of the City about three weeks after bond closing (December 1, 2016). Such grant may be used for any lawful purpose of the City. 154 of 616 Attachment No. 2 JOINT EXERCISE OF POWERS AGREEMENT RELATING TO THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY THIS AGREEMENT, dated as of January 1, 2004, among the parties executing this Agreement (all such parties, except those which have withdrawn as provided herein, are referred to as the "Members" and those parties initially executing this Agreement are referred to as the "Initial Members"): WITNESSETH WHEREAS, pursuant to Title 1, Division 7, Chapter 5 of the California Government Code (in effect as of the date hereof and as the same may from time to time be amended or supplemented, the "Joint Exercise of Powers Act"), two or more public agencies may by agreement jointly exercise any power common to the contracting parties; and WHEREAS, each of the Members is a "public agency" as that term is defined in Section 6500 of the Joint Exercise of Powers Act; and WHEREAS, each of the Members is empowered by law to promote economic, cultural and community development, including, without limitation, the promotion of opportunities for the creation or retention of employment, the stimulation of economic activity, the increase of the tax base, and the promotion of opportunities for education, cultural improvement and public health, safety and general welfare; and WHEREAS, each of the Members may accomplish the purposes and objectives described in the preceding preamble by various means, including through making grants, loans or providing other financial assistance to governmental and nonprofit organizations; and WHEREAS, each Member is also empowered by law to acquire and dispose of real property for a public purpose; and WHEREAS, the Joint Exercise of Powers Act authorizes the Members to create a joint exercise of powers entity with the authority to exercise any powers common to the Members, as specified in this Agreement and to exercise the additional powers granted to it in the Joint Exercise of Powers Act and any other applicable provisions of the laws of the State of California; and WHEREAS, a public entity established pursuant to the Joint Exercise of Powers Act is empowered to issue or execute bonds, notes, commercial paper or any other evidences of indebtedness, including leases or installment sale agreements or certificates of participation therein (herein "Bonds"), and to otherwise undertake financing programs under the Joint Exercise of Powers Act or other applicable provisions of the laws of the State of California to accomplish its public purposes; and 155 of 616 Attachment No. 2 WHEREAS, the Members have determined to specifically authorize a public entity authorized pursuant to the Joint Exercise of Powers Act to issue Bonds pursuant to the Joint Exercise of Powers Act or other applicable provisions of the laws of the State of California; and WHEREAS, it is the desire of the Members to use a public entity established pursuant to the Joint Exercise of Powers Act to undertake the financing and/or refinancing of projects of any nature, including, but not limited to, capital or working capital projects, insurance, liability or retirement programs or facilitating Members use of existing or new financial instruments and mechanisms; and WHEREAS, it is further the intention of the Members that the projects undertaken will result in significant public benefits to the inhabitants of the jurisdictions of the Members; and WHEREAS, by this Agreement, each Member desires to create and establish the "California Municipal Finance Authority" for the purposes set forth herein and to exercise the powers provided herein; NOW, THEREFORE, the Members, for and in consideration of the mutual promises and agreements herein contained, do agree as follows: Section 1. Purpose. This Agreement is made pursuant to the provisions of the Joint Exercise of Powers Act. The purpose of this Agreement is to establish a public entity for the joint exercise of powers common to the Members and for the exercise of additional powers given to a joint powers entity under the Joint Powers Act or any other applicable law, including, but not limited to, the issuance of Bonds for any purpose or activity permitted under the Joint Exercise of Powers Act or any other applicable law. Such purpose will be accomplished and said power exercised in the manner hereinafter set forth. Section 2. Term. This Agreement shall become effective in accordance with Section 17 as of the date hereof and shall continue in full force and effect until such time as it is terminated in writing by all the Members; provided, however, that this Agreement shall not terminate or be terminated until all Bonds issued or caused to be issued by the Authority (defined below) shall no longer be outstanding under the terms of the indenture, trust agreement or other instrument pursuant to which such Bonds are issued, or unless a successor to the Authority assumes all of the Authority's debts, liabilities and obligastions. Section 3. Authority. A. CREATION AND POWERS OF AUTHORITY. Pursuant to the Joint Exercise of Powers Act, there is hereby created a public entity to be known as the "California Municipal Finance Authority" (the "Authority"), and said 156 of 616 Attachment No. 2 Authority shall be a public entity separate and apart from the Members. Its debts, liabilities and obligations do not constitute debts, liabilities or obligations of any Members. B. BOARD. The Authority shall be administered by the Board of Directors (the "Board," or the "Directors" and each a "Director") of the California Foundation for Stronger Communities, a nonprofit public benefit corporation organized under the laws of the State of California (the "Foundation"), with each such Director serving in his or her individual capacity as a Director of the Board. The Board shall be the administering agency of this Agreement and, as such, shall be vested with the powers set forth herein, and shall administer this Agreement in accordance with the purposes and functions provided herein. The number of Directors, the appointment of Directors, alternates and successors, their respective terms of office, and all other provisions relating to the qualification and office of the Directors shall be as provided in the Articles and Bylaws of the Foundation, or by resolution of the Board adopted in accordance with the Bylaws of the Foundation. All references in this Agreement to any Director shall be deemed to refer to and include the applicable alternate Director, if any, when so acting in place of a regularly appointed Director. Directors may receive reasonable compensation for serving as such, and shall be entitled to reimbursement for any expenses actually incurred in connection with serving as a Director, if the Board shall determine that such expenses shall be reimbursed and there are unencumbered funds available for such purpose. The Foundation may be removed as administering agent hereunder and replaced at any time by amendment of this Agreement approved as provided in Section 16; provided that a successor administering agent of this Agreement has been appointed and accepted its duties and responsibilities under this Agreement. C. OFFICERS; DUTIES; OFFICIAL BONDS. The officers of the Authority shall be the Chair, Vice -Chair, Secretary and Treasurer (defined below). The Board, in its capacity as administering agent of this Agreement, shall elect a Chair, a Vice -Chair, and a Secretary of the Authority from among Directors to serve until such officer is re-elected or a successor to such office is elected by the Board. The Board shall appoint one or more of its officers or employees to serve as treasurer, auditor, and controller of the Authority (the "Treasurer") pursuant to Section 6505.6 of the Joint Exercise of Powers Act to serve until such officer is re-elected or a successor to such office is elected by the Board. Subject to the applicable provisions of any resolution, indenture, trust agreement or other instrument or proceeding authorizing or securing Bonds (each such resolution, indenture, trust agreement, instrument and proceeding being herein referred to as an "Indenture") providing for a trustee or other fiscal agent, and except as may otherwise be specified by resolution of the Board, the Treasurer is designated as the depositary of the 157 of 616 Attachment No. 2 Authority to have custody of all money of the Authority, from whatever source derived and shall have the powers, duties and responsibilities specified in Sections 6505, 6505.5 and 6509.5 of the Joint Exercise of Powers Act. The Treasurer of the Authority is designated as the public officer or person who has charge of, handles, or has access to any property of the Authority, and such officer shall file an official bond with the Secretary of the Authority in the amount specified by resolution of the Board but in no event less than $1,000. The Board shall have the power to appoint such other officers and employees as it may deem necessary and to retain independent counsel, consultants and accountants. The Board shall have the power, by resolution, to the extent permitted by the Joint Exercise of Power Act or any other applicable law, to delegate any of its functions to one or more of the Directors or officers, employees or agents of the Authority and to cause any of said Directors, officers, employees or agents to take any actions and execute any documents or instruments for and in the name and on behalf of the Board or the Authority. D. MEETINGS OF THE BOARD. (1) Ralph M. Brown Act. All meetings of the Board, including, without limitation, regular, adjourned regular, special, and adjourned special meetings shall be called, noticed, held and conducted in accordance with the provisions of the Ralph M. Brown Act (commencing with Section 54950 of the Government Code of the State of California), or any successor legislation hereinafter enacted (the "Brown Act"). (2) Regular Meetings. The Board shall provide for its regular meetings; provided, however, it shall hold at least one regular meeting each year. The date, hour and place of the holding of the regular meetings shall be fixed by resolution of the Board. To the extent permitted by the Brown Act, such meetings may be held by telephone conference. (3) Special Meetings. Special meetings of the Board may be called in accordance with the provisions of Section 54956 of the Government Code of the State of California. To the extent permitted by the Brown Act, such meetings may be held by telephone conference. 158 of 616 Attachment No. 2 (4) Minutes. The Secretary of the Authority shall cause to be kept minutes of the regular, adjourned regular, special, and adjourned special meetings of the Board and shall, as soon as possible after each meeting, cause a copy of the minutes to be forwarded to each Director. (5) Quorum. A majority of the Board shall constitute a quorum for the transaction of business. No action may be taken by the Board except upon the affirmative vote of a majority of the Directors constituting a quorum, except that less than a quorum may adjourn a meeting to another time and place. E. RULES AND REGULATIONS. The Authority may adopt, from time to time, by resolution of the Board such rules and regulations for the conduct of its meetings and affairs as may be required. Section 4. Powers. The Authority shall have the power, in its own name, to exercise the common powers of the Members and to exercise all additional powers given to a joint powers entity under any of the laws of the State of California, including, but not limited to, the Joint Exercise of Powers Act, for any purpose authorized under this Agreement. Such powers shall include the common powers specified in this Agreement and may be exercised in the manner and according to the method provided in this Agreement. The Authority is hereby authorized to do all acts necessary for the exercise of such power, including, but not limited to, any of all of the following: to make and enter into contracts; to employ agents and employees; to acquire, construct, provide for maintenance and operation of, or maintain and operate, any buildings, works or improvements; to acquire, hold or dispose of property wherever located; to incur debts, liabilities or obligations; to receive gifts, contributions and donations of property, funds, services, and other forms of assistance from person, firms, corporations and any governmental entity; to sue and be sued in its own name; to make grants, loans or provide other financial assistance to governmental and nonprofit organizations (e.g., the Members or the Foundation) to accomplish any of its purposes; and generally to do any and all things necessary or convenient to accomplish its purposes. Without limiting the generality of the foregoing, the Authority may issue or cause to be issued Bonds, and pledge any property or revenues as security to the extent permitted under the Joint Exercise of Powers Act, or any other applicable provision of law; provided, however, the Authority shall not issue Bonds with respect to any project located in the jurisdiction of one or more Members unless the governing body of any such Member, or its duly authorized representative, shall approve, conditionally or unconditionally, the project, including the issuance of Bonds therefor. Such approval may be evidenced by resolution, certificate, order, report or such other means of written approval of such project as may be selected by the Member (or its authorized representative) whose approval is required. No such approval shall be required in 159 of 616 Attachment No. 2 connection with Bonds that refund Bonds previously issued by the Authority and approved by the governing board of a Member. The manner in which the Authority shall exercise its powers and perform its duties is and shall be subject to the restrictions upon the manner in which a California general law city could exercise such powers and perform such duties. The manner in which the Authority shall exercise its powers and perform its duties shall not be subject to any restrictions applicable to the manner in which any other public agency could exercise such powers or perform such duties, whether such agency is a party to this Agreement or not. Section 5. Fiscal Year. For the purposes of this Agreement, the term "Fiscal Year" shall mean the fiscal year as established from time to time by resolution of the Board, being, at the date of this Agreement, the period from July 1 to and including the following June 30, except for the first Fiscal Year which shall be the period from the date of this Agreement to June 30, 2004. Section b. Disposition of Assets. At the end of the term hereof or upon the earlier termination of this Agreement as set forth in Section 2, after payment of all expenses and liabilities of the Authority, all property of the Authority both real and personal shall automatically vest in the Members in the manner and amount determined by the Board in its sole discretion and shall thereafter remain the sole property of the Members; provided, however, that any surplus money on hand shall be returned in proportion to the contributions made by the Members. Section 7. Bonds. From time to time the Authority shall issue Bonds, in one or more series, for the purpose of exercising its powers and raising the funds necessary to carry out its purposes under this Agreement. The services of bond counsel, financing consultants and other consultants and advisors working on the projects and/or their financing shall be used by the Authority. The expenses of the Board shall be paid from the proceeds of the Bonds or any other unencumbered funds of the Authority available for such purpose. Section 8. Bonds Only Limited and Special Obligations of Authority. The Bonds, together with the interest and premium, if any, thereon, shall not be deemed to constitute a debt of any Member or pledge of the faith and credit of the Members or the Authority. The Bonds shall be only special obligations of the Authority, and the Authority shall under no circumstances be obligated to pay the Bonds except from revenues and other funds pledged therefor. Neither the Members nor the Authority shall be obligated to pay the principal of, premium, if any, or interest on the Bonds, or other costs incidental thereto, except from the revenues and funds pledged therefor, and neither the faith and credit nor the taxing power of the Members nor the faith and credit of the Authority shall be pledged to the payment of the principal 160 of 616 Attachment No. 2 of, premium, if any, or interest on the Bonds nor shall the Members or the Authority in any manner be obligated to make any appropriation for such payment. No covenant or agreement contained in any Bond or related document shall be deemed to be a covenant or agreement of any Director, or any officer, employee or agent of the Authority in his or her individual capacity and neither the Board of the Authority nor any Director or officer thereof executing the Bonds shall be liable personally on any Bond or be subject to any personal liability or accountability by reason of the issuance of any Bonds. Section 9. Accounts and Reports. All funds of the Authority shall be strictly accounted for. The Authority shall establish and maintain such funds and accounts as may be required by good accounting practice and by any provision of any Indenture (to the extent such duties are not assigned to a trustee of Bonds). The books and records of the Authority shall be open to inspection at all reasonable times by each Member. The Treasurer of the Authority shall cause an independent audit to be made of the books of accounts and financial records of the Authority by a certified public accountant or public accountant in compliance with the provisions of Section 6505 of the Joint Exercise of Powers Act. In each case the minimum requirements of the audit shall be those prescribed by the State Controller for special districts under Section 26909 of the Government Code of the State of California and shall conform to generally accepted auditing standards. When such an audit of accounts and records is made by a certified public accountant or public accountant, a report thereof shall be filed as a public record with each Member and also with the county auditor of each county in which a Member is located; provided, however, that to the extent permitted by law, the Authority may, instead of filing such report with each Member and such county auditor, elect to post such report as a public record electronically on a website designated by the Authority. Such report if made shall be filed within 12 months of the end of the Fiscal Year or Years under examination. The Treasurer is hereby directed to report in writing on the first day of July, October, January, and April of each year to the Board and the Members which report shall describe the amount of money held by the Treasurer for the Authority, the amount of receipts since the last such report, and the amount paid out since the last such report (which may exclude amounts held by a trustee or other fiduciary in connection with any Bonds to the extent that such trustee or other fiduciary provided regular reports covering such amounts.) Any costs of the audit, including contracts with, or employment of, certified public accountants or public accountants in making an audit pursuant to this Section, shall be borne by the Authority and shall be a charge against any unencumbered funds of the Authority available for that purpose. In any Fiscal Year the Board may, by resolution adopted by unanimous vote, replace the annual special audit with an audit covering a two-year period. 161 of 616 Attachment No. 2 Section 10. Funds. Subject to the applicable provisions of any Indenture, which may provide for a trustee or other fiduciary to receive, have custody of and disburse Authority funds, the Treasurer of the Authority shall receive, have the custody of and disburse Authority funds pursuant to the accounting procedures developed under Sections 3.0 and 9, and shall make the disbursements required by this Agreement or otherwise necessary to carry out any of the provisions of purposes of this Agreement. Section 11. Notices. Notices and other communications hereunder to the Members shall be sufficient if delivered to the clerk of the governing body of each Member; provided, however, that to the extent permitted by law, the Authority may, provide notices and other communications and postings electronically (including, without limitation, through email or by posting to a website). Section 12. Additional Members/Withdrawal of Members. Qualifying public agencies may be added as parties to this Agreement and become Members upon: (1) the filing by such public agency with the Authority of an executed counterpart of this Agreement, together with a copy of the resolution of the governing body of such public agency approving this Agreement and the execution and delivery hereof; and (2) adoption of a resolution of the Board approving the addition of such public agency as a Member. Upon satisfaction of such conditions, the Board shall file such executed counterpart of this Agreement as an amendment hereto, effective upon such filing. A Member may withdraw from this Agreement upon written notice to the Board; provided, however, that no such withdrawal shall result in the dissolution of the Authority so long as any Bonds remain outstanding. Any such withdrawal shall be effective only upon receipt of the notice of withdrawal by the Board which shall acknowledge receipt of such notice of withdrawal in writing and shall file such notice as an amendment to this Agreement effective upon such filing. Section 13. Indemnification. To the full extent permitted by law, the Board may authorize indemnification by the Authority of any person who is or was a Director or an officer, employee of other agent of the Authority, and who was or is a party or is threatened to be made a party to a proceeding by reason of the fact that such person is or was such a Director or an officer, employee or other agent of the Authority, against expenses, including attorneys fees, judgments, fines, settlements and other amounts actually and reasonably incurred in connection with such proceeding, if such person acted in good faith in a manner such person reasonably believed to be in the best interests of the Authority and, in the case of a criminal proceeding, had no reasonable cause to believe the conduct of such person was unlawful and, in the case of an action by or in the right of the Authority, acted with such care, including reasonable inquiry, as an ordinarily prudent person in a like position would use under similar circumstances. 162 of 616 Attachment No. 2 Section 14. Contributions and Advances. Contributions or advances of public funds and of the use of personnel, equipment or property may be made to the Authority by the Members for any of the purposes of this Agreement. Payment of public funds may be made to defray the cost of any such contribution or advance. Any such advance may be made subject to repayment, and in such case shall be repaid, in the manner agreed upon by the Authority and the Member making such advance at the time of such advance. It is mutually understood and agreed to that no Member has any obligation to make advances or contributions to the Authority to provide for the costs and expenses of administration of the Authority, even though any Member may do so. The Members understand and agree that a portion of the funds of the Authority that otherwise may be allocated or distributed to the Members may instead be used to make grants, loans or provide other financial assistance to governmental units and nonprofit organizations (e.g., the Foundation) to accomplish any of the governmental unit's or nonprofit organization's purposes. Section 15. Immunities. All of the privileges and immunities from liabilities, exemptions from laws, ordinances and rules, and other benefits which apply to the activity of officers, agents or employees of Members when performing their respective functions within the territorial limits of their respective public agencies, shall apply to the same degree and extent to the Directors, officers, employees, agents or other representatives of the Authority while engaged in the performance of any of their functions or duties under the provisions of this Agreement. Section 16. Amendments. Except as provided in Section 12 above, this Agreement shall not be amended, modified, or altered, unless the negative consent of each of the Members is obtained. To obtain the negative consent of each of the Members, the following negative consent procedure shall be followed: (a) the Authority shall provide each Member with a notice at least sixty (60) days prior to the date such proposed amendment is to become effective explaining the nature of such proposed amendment and this negative consent procedure; (b) the Authority shall provide each Member who did not respond a reminder notice with a notice at least thirty (30) days prior to the date such proposed amendment is to become effective; and (c) if no Member objects to the proposed amendment in writing within sixty (60) days after the initial notice, the proposed amendment shall become effective with respect to all Members. Section 17. Effectiveness. This Agreement shall become effective and be in full force and effect and a legal, valid and binding obligation of each of the Members on the date that the Board shall have received from two of the Initial Members an executed counterpart of this Agreement, together with a certified copy of a resolution of the governing body of each such Initial Member approving this Agreement and the execution and delivery hereof. 163 of 616 Attachment No. 2 Section 18. Partial Invalidity. If any one or more of the terms, provisions, promises, covenants or conditions of this Agreement shall to any extent be adjudged invalid, unenforceable, void or voidable for any reason whatsoever by a court of competent jurisdiction, each and all of the remaining terms, provisions, promises, covenants and conditions of this Agreement shall not be affected thereby, and shall be valid and enforceable to the fullest extent permitted by law. Section 19. Successors. This Agreement shall be binding upon and shall inure to the benefit of the successors of the parties hereto. Except to the extent expressly provided herein, no Member may assign any right or obligation hereunder without the consent of the other Members. Section 20. Miscellaneous. This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. The section headings herein are for convenience only and are not to be construed as modifying or governing the language in the section referred to. Wherever in this Agreement any consent or approval is required, the same shall not be unreasonably withheld. This Agreement shall be governed under the laws of the State of California. This Agreement is the complete and exclusive statement of the agreement among the Members, which supercedes and merges all prior proposals, understandings, and other agreements, whether oral, written, or implied in conduct, between and among the Members relating to the subject matter of this Agreement. 164 of 616 Attachment No. 2 IN WITNESS WHEREOF, the City of National City has caused this Agreement to be executed and attested by its duly authorized representatives as of the day of , 2016. ATTEST: Clerk Member: CITY OF NATIONAL CITY By Name: Title: 165 of 616 Attachment No. 3 INDEMNIFICATION AND INSURANCE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND SDG HOUSING PARTNERS, LLC This Indemnification and Insurance Agreement ("Agreement") is entered into by and between the City of National City, a municipal corporation ("City") and SDG Housing Partners, LLC, a California limited liability company ("Borrower"). RECITALS WHEREAS, the California Municipal Finance Authority is a joint exercise of powers authority established pursuant to Chapter 5 of Division 7, Title 1 of the California Government Code (Section 6500 et. seq.) ("JPA Law") and the Joint Exercise of Powers Agreement entered into on January 1, 2004, as amended from time to time ("Authority JPA"); and WHEREAS, under the JPA Law and the Authority JPA, the Authority is a public entity separate and apart from the parties to the Authority JPA, and the debts, liabilities and obligations of the Authority will not be the debts, liabilities or obligations of the City or the other members of the Authority. WHEREAS, the Authority is authorized to issue and sell revenue bonds for the purpose, among others, of financing or refinancing the construction of capital projects; and WHEREAS, Borrower has requested that the Authority issue and sell revenue bonds in the maximum principal amount of $50,000,000 (the "Bonds") for the purpose of making a loan to the Borrower, to enable the Borrower 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 (the "Project"); and WHEREAS, in order for the interest on the Bonds to be tax-exempt, Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), requires that an "applicable elected representative" of the governmental unit, the geographic jurisdiction of which contains the site of facilities to be financed with the proceeds of the Bonds, hold a public hearing on the issuance of the Bonds and approve the issuance of the Bonds following such hearing; and WHEREAS, the Authority has determined that the City Council is an "applicable elected representative" for purposes of holding such hearing; and WHEREAS, the City Council's approval of the issuance of the Bonds by the Authority in order to satisfy the public approval requirement of Section 147(f) of the Code and, the Indemnification Insurance Agreement 1 City of National City and 2016 SDG Housing Partners, LLC 166 of 616 Attachment No. 3 requirements of Section 4 of the Authority JPA was conditioned on SDG Housing Partners, LLC's execution, on substantially similar terms as presented herein, of this Indemnification and Insurance Agreement between the City and SDG Housing Partners, LLC; and WHEREAS, notice of such public hearing has been duly given as required by the Code, and this City Council has held such public hearing at which all interested persons were given an opportunity to be heard on all matters relative to the financing or refinancing of the Project and the Authority's issuance of the Bonds therefor; and WHEREAS, the Authority and the Borrower have entered into a(n) Agreement, dated , in which the Borrower agrees to finance or refinance the costs of the acquisition, rehabilitation and improvements in connection with the Project; and WHEREAS, the Borrower agrees to indemnify the City and to provide insurance in connection with its administration of the Project in the City of National City. NOW, THERFORE, in consideration of the Recitals above and of the City's agreement to join the Authority and to participate in the Authority's tax-exempt financing of the Project, the parties agree as follows: 1. Agreement to Indemnify. The Borrower agrees to defend, indemnify, and hold harmless the City, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all claims, damages, losses, expenses, fines, penalties, judgments, demands, and defense costs (including, without limitation, actual, direct, out-of-pocket costs and expenses, and amounts paid in compromise or settlement and reasonable outside legal fees arising from litigation of every nature or liability of any kind or nature including civil, criminal, administrative or investigative) arising out of, in connection with, or related to the issuance of the Bonds or Borrower's acts or omissions related to the Project, except such loss or damage which was caused by the sole negligence or willful misconduct of the City. The Borrower will conduct all defenses at its sole cost and expense, and the City shall reasonably approve selection of the Borrower's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies of the Borrower, its affiliates or any other parties are applicable thereto. The policy limits of any insurance of the Borrower, its affiliates or other parties are not a limitation upon the obligation of the Borrower, including without limitation, the amount of indemnification to be provided by the Borrower. The provisions of this section shall survive the termination of this Agreement. 2. Insurance. The Borrower agrees, at no cost or expense to the City, at all times during its administration of the Project, to maintain the insurance coverage set forth in Exhibit "A" to this Agreement. Indemnification Insurance Agreement City of National City and 2016 SDG Housing Partners, LLC 167 of 616 Attachment No. 3 3. Amendment/Interpretation of this Agreement. This Agreement, including all Exhibits attached hereto, represents the entire understanding of the parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by both parties hereto. This Agreement shall not be interpreted for or against any party by reason of the fact that such party may have drafted this Agreement or any of its provisions. 4. Section Headings. Section headings in this Agreement are included for convenience of reference only and shall not constitute a part of this Agreement for any other purpose. 5. Waiver. No waiver of any of the provisions of this Agreement shall be binding unless in the form of a writing signed by the party against whom enforcement is sought, and no such waiver shall operate as a waiver of any other provisions hereof (whether or not similar), nor shall such waiver constitute a continuing waiver. Except as specifically provided herein, no failure to exercise or any delay in exercising any right or remedy hereunder shall constitute a waiver thereof. 6. Severability and Governing Law. If any provision or portion thereof of this Agreement shall be held by a court of competent jurisdiction to be invalid, void, or otherwise unenforceable, the remaining provisions shall remain enforceable to the fullest extent permitted by law. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of California applicable to contracts made and to be performed in California. 7. Notices. All notices, demands and other communications required or permitted hereunder shall be made in writing and shall be deemed to have been duly given if delivered by hand, against receipt, or mailed certified or registered mail and addressed as follows: If to the Borrower: Indemnification Insurance Agreement 3 City of National City and 2016 SDG Housing Partners, LLC 168 of 616 Attachment No. 3 If to the City: Alfredo Ybarra Director, Housing, Grants, and Asset Management City of National City 1243 National City Boulevard National City, CA 91950-4301 8. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, which together shall constitute the same instrument. 9. Effective Date. This Agreement will be effective as of the date of the signature of City's representative as indicated below in the City's signature block. IN WITNESS HEREOF, the parties hereto duly executed this Agreement as of the date below. CITY BORROWER CITY OF NATIONAL CITY SDG HOUSING PARTNERS, LLC By: Ron Morrison, Mayor Date: APPROVED AS TO FORM: Claudia G. Silva City Attorney By: Date: Name Title 4 City of National City and Indemnification Insurance Agreement 2016 SDG Housing Partners, LLC 169 of 616 Attachment No. 3 INSURANCE A. Minimum Scope of Insurance Coverage shall be at least as broad as: EXHIBIT A 1. The coverage provided by Insurance Services Office Commercial General Liability coverage ("occurrence") Form Number CG 0001; and 2. The coverage provided by Insurance Services Office Form Number CA 0001 covering Automobile Liability. Coverage shall be included for all owned, non - owned and hired automobiles; and 3. Workers' Compensation insurance as required by the California Labor Code and Employers Liability insurance; and 4. Professional Liability Errors & Omissions for all professional services. There shall be no endorsement reducing the scope of coverage required above unless approved by the National City Risk Manager. B. Minimum Limits of Insurance Borrower shall maintain limits no less than: 1. Commercial General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit; and 2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage; and 3. Workers' Compensation and Employers Liability: Workers' Compensation limits as required by the California Labor Code and Employers Liability limits of $1,000,000 per accident; and 4. Professional Liability Errors & Omissions $1,000,000 per occurrence/ aggregate limit. C. Deductibles and Self -Insured Retentions Any deductibles or self -insured retentions must be declared to, and approved by the National City Risk Manager. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects City, its officers, employees, agents, Indemnification Insurance Agreement 5 City of National City and 2016 SDG Housing Partners, LLC 170 of 616 Attachment No. 3 contractors, and volunteers; or Borrower shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses in an amount specified by the National City Risk Manager. D. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: 1. Commercial General Liability and Automobile Liability Coverages. a. National City, its officers, employees, agents, contractors, and volunteers are to be covered as additional insureds as respects: Liability arising out of activities performed by or on behalf of Borrower; products and completed operations of Borrower; premises owned, leased, or used by Borrower; and automobiles owned, leased, hired or borrowed by Borrower. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, employees, agents, contractors, and volunteers. b. Borrower's insurance coverage shall be primary insurance as respects the City, its officers, employees, agents, contractors, and volunteers. Any insurance or self-insurance maintained by City, its officers, employees, agents, contractors, or volunteers shall be excess of Borrower's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies by Borrower shall not affect coverage provided to the City, its officers, employees, agents, contractors, or volunteers. d. Coverage shall state that Borrower's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. e. Coverage shall contain a waiver of subrogation in favor of the City, its officers, employees, agents, contractors and volunteers. 2. Workers' Compensation and Employers' Liability. Coverage shall contain waiver of subrogation in favor of National City, its officers, employees, agents, contractors, and volunteers. 3. All Coverages Each insurance policy required by this AGREEMENT shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or reduced in limits except after thirty (30) days' prior written notice has been given to the City, except that ten (10) days' prior written notice shall apply in the event of cancellation for nonpayment of premium. 6 City of National City and Indemnification Insurance Agreement 2016 SDG Housing Partners, LLC 171 of 616 Attachment No. 3 E. Acceptability of Insurers. Insurance is to be placed with insurers acceptable to the National City Risk Manager. F. Verification of Coverage. Borrower shall furnish the City with certificates of insurance and with original endorsements affecting coverage required by this AGREEMENT. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. Proof of insurance shall be either emailed in pdf format to: eamaya@nationalcityca.gov or mailed to the following postal address or any subsequent address as may be directed in writing by the National City Risk Manager: City of National City Attn: Risk Manager 1243 National City Boulevard National City, CA 91950-4301 G. Subcontractors Borrower shall include all subcontractors as insureds under its policies or shall obtain separate certificates and endorsements for each subcontractor. Indemnification Insurance Agreement 7 City of National City and 2016 SDG Housing Partners, LLC 172 of 616 RESOLUTION NO. 2016 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING MEMBERSHIP IN THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY ("AUTHORITY"), AUTHORIZING THE MAYOR TO EXECUTE AN INDEMNIFICATION AND INSURANCE AGREEMENT WITH SDG HOUSING PARTNERS, LLC ("BORROWER"); 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, L.P., AND CERTAIN OTHER MATTERS RELATING THERETO WHEREAS, pursuant to Chapter 5 of Division 7 of Title 1 of the California Government Code, commencing with Section 6500 (the "JPA Law"), the City, upon authorization of the City Council, may enter into a joint exercise of powers agreement with one or more other public agencies pursuant to which such contracting parties may jointly exercise any power common to them; and WHEREAS, the California Municipal Finance Authority (the "Authority") is a joint exercise of powers authority, the members of which include numerous cities and counties in the State of California ("Members"); and WHEREAS, the Members have entered into a Joint Exercise of Powers Agreement Relating to the California Municipal Finance Authority, dated as of January 1, 2004 (the `Agreement") in order to form the Authority, for the purpose of promoting economic, cultural and community development, and in order to exercise any powers common to the Members, including the issuance of bonds, notes or other evidences of indebtedness; and WHEREAS, under the JPA Law and the Agreement, the Authority is a public entity separate and apart from the parties to the Agreement, and the debts, liabilities and obligations of the Authority will not be the debts, liabilities or obligations of the City or the other members of the Authority. WHEREAS, the Authority is authorized to issue and sell revenue bonds for the purpose, among others, of financing or refinancing the construction of capital projects; and WHEREAS, Granger Housing, L.P., a California limited partnership, or another partnership to be established by the Borrower, has requested that the Authority issue and sell revenue bonds in the maximum principal amount of $50,000,000 (the "Bonds") for the purpose of making a loan to the Borrower, to enable the Borrower 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 (the "Project"); and WHEREAS, in order for the interest on the Bonds to be tax-exempt, Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), requires that an ''applicable elected representative" of the governmental unit, the geographic jurisdiction of which contains the site of facilities to be financed with the proceeds of the Bonds, hold a public hearing on the issuance of the Bonds and approve the issuance of the Bonds following such hearing; and WHEREAS, the Authority has determined that the City Council is an "applicable elected representative" for purposes of holding such hearing; and 173 of 616 Resolution No. 2016 — Page Two WHEREAS, the Authority has requested that the City Council approve the issuance of the Bonds by the Authority in order to satisfy the public approval requirement of Section 147(f) of the Code and, the requirements of Section 4 of the Agreement; and WHEREAS, notice of such public hearing has been duly given as required by the Code, and this City Council has held such public hearing at which all interested persons were given an opportunity to be heard on all matters relative to the financing or refinancing of the Project and the Authority's issuance of the Bonds therefor; and WHEREAS, to protect the City in connection with the development of the Project, SDG Housing Partners, LLC has agreed to defend and indemnify the City and to execute an indemnification and insurance agreement on substantially similar terms as presented herewith; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City as follows: Section 1. The City Council finds and declares that the actions authorized hereby constitute public affairs of the City. The City Council further finds that the statements, findings, and determinations of the City set forth in the recitals above are true and correct. Section 2. The Agreement is hereby approved, and is on file in the Office of the City Clerk. The Mayor is hereby authorized, for and on behalf of the City, to execute and deliver a signed counterpart of the Agreement, with such changes therein as such officer may require or approve, such approval to be conclusively evidenced by the execution and delivery thereof. Section 3. The City Council hereby approves the issuance of the Bonds in the maximum amount of $50,000,000 by the Authority. It is the purpose and intent of the City Council that this resolution constitute approval of the issuance of the Bonds (a) by the "applicable elected representative" of the governmental unit having jurisdiction over the area in which the Project is located in accordance with Section 147(f) of the Code and (b) by the City Council in accordance with Section 4 of the Agreement. This approval is conditioned on execution of the Indemnification and Insurance Agreement between the City and SDG Housing Partners, LLC, the developer of the Project, on substantially similar terms as presented herewith. Section 4. The issuance of the Bonds shall be subject to the approval of the Authority of all financing documents relating thereto to which the Authority is a party. The City shall have no responsibility or liability whatsoever with respect to the Bonds. Section 5. The adoption of this Resolution shall not obligate the City or any department thereof to (i) provide any financing to acquire or construct the Project or any refinancing of the Project; (ii) approve any application or request for or take any other action in connection with any planning approval, permit or other action necessary for the acquisition, construction, rehabilitation or operation of the Project; (iii) make any contribution or advance any funds whatsoever to the Authority; or (iv) take any further action with respect to the Authority or its membership therein. 174 of 616 Resolution No. 2016 — Page Three Section 6. The Mayor is authorized to execute the Indemnification and Insurance Agreement between the City and SDG Housing Partners, LLC, the developer of the Project on substantially similar terms as presented herewith. Section 7. The Mayor, the Clerk and all other proper officers and officials of the City are hereby authorized and directed to execute such other agreements, documents and certificates, and to perform such other acts and deeds, as may be necessary or convenient to effect the purposes of this Resolution and the transactions herein authorized. Section 8. The Clerk shall forward a certified copy of this Resolution and an originally executed Agreement to the Authority in care of its counsel: Ronald E. Lee, Esq. Jones Hall, APLC 475 Sansome Street, Suite 1700 San Francisco, CA 94111 Section 9. This resolution shall take effect immediately upon its passage. PASSED and ADOPTED this 6th day of September, 2016. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor 175 of 616 CC/CDC-HA Agenda 9/6/2016 — Page 176 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 within the City's jurisdiction in the California Municipal Finance Authority Open PACE Programs; authorizing the California Municipal Finance Authority t 176 of 616 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 within the City's jurisdiction in the California Municipal Finance Authority Open PACE Programs; authorizing the California Municipal Finance Authority to accept applications from property owners, conduct contractual assessment proceedings and levy contractual assessments within the City's jurisdiction; authorizing the Mayor to execute Indemnification and Insurance Agreements with participating administrators; and authorizing related actions. PREPARED BY: Carlos Aguirre, Housing & Economic Development Manager PHONE: 619 336-4391 EXPLANATION: Please see Attachment No. 1 DEPARTMENT: Hou ng & Economic Deal pm nt Dept. APPROVED FINANCIAL STATEMENT: ACCOUNT NO. Please see Attachment No. 1 for fiscal impact statement. APPROVED: APPROVED: -- ~.nance 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: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Background Report 2. Form of Indemnification and insurance Agreement 3. Resolution 177 of 616 Attachment No. 1 CMFA PACE Program Background Report 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 Administrators 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 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. 178 of 616 Attachment No. 1 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. • 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 2 179 of 616 Attachment No. 1 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. The amount of the issuance fees generated from the PACE program that is provided to the City's general fund is unknown at this time. 180 of 616 Attachment No. 2 INDEMNIFICATION AND INSURANCE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND BLUEFLAME PACE SERVICES LLC This Indemnification and Insurance Agreement ("Agreement") is entered into by and between the City of National City, a municipal corporation ("City") and Blueflame Pace Services LLC, a Delaware limited liability company ("Administrator"), an administrator of California Municipal Finance Authority's Open PACE Program ("CMFA Open PACE Program" or "Program"). RECITALS WHEREAS, the California Municipal Finance Authority ("Authority") is a joint exercise of powers authority established pursuant to Chapter 5 of Division 7, Title 1 of the California Government Code (Section 6500 et. seq.) and the Joint Exercise of Powers Agreement entered into on January 1, 2004, as amended from time to time ("Authority JPA"); and WHEREAS, the Authority has established a property -assessed clean energy ("PACE") Program ("Authority PACE Program") to provide for the financing of renewable energy generation, energy and water efficiency improvements, seismic strengthening improvements, electric vehicle charging infrastructure and such other infrastructure as may be authorized by law from time to time (the "Improvements") pursuant to Chapter 29 of Division 7 of the California Streets and Highways Code ("Chapter 29"), within counties and cities throughout the State of California that elect to participate in the Program; and WHEREAS, the City Council of the City of National City has approved the City joining the Authority, has consented to the inclusion in the CMFA Open PACE Program of all of the properties in the jurisdictional boundaries of the City and to the acquisition, construction, and installation of the Improvements, upon the request by and voluntary agreement of owners of such properties, in compliance with the laws, rules and regulations applicable to the Program; and WHEREAS, the Authority and the Administrator have entered into a Third Party Administration Agreement, dated June 22, 2016, in which the Administrator agrees to administer the CMFA Open PACE Program; and WHEREAS, the Administrator agrees to indemnify the City and to provide insurance in connection with the administration of the CMFA Open PACE Program in the City of National City. Indemnification Insurance Agreement 1 City of National City and 2016 Blueflame Pace Services LLC 181 of 616 Attachment No. 2 NOW, THERFORE, in consideration of the Recitals above and of the City's agreement to join the Authority and to participate in the Authority's CMFA Open PACE Program, the parties agree as follows: 1. Agreement to Indemnify. The Administrator agrees to defend, indemnify, and hold harmless the City, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all claims, damages, losses, expenses, fines, penalties, judgments, demands, and defense costs (including, without limitation, actual, direct, out-of- pocket costs and expenses, and amounts paid in compromise or settlement and reasonable outside legal fees arising from litigation of every nature or liability of any kind or nature including civil, criminal, administrative or investigative) arising out of or in connection with the Authority's CMFA Open PACE Program, except such loss or damage which was caused by the sole negligence or willful misconduct of the City. The Administrator will conduct all defenses at its sole cost and expense, and the City shall reasonably approve selection of the Administrator's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies of the Administrator, its affiliates or any other parties are applicable thereto. The policy limits of any insurance of the Administrator, its affiliates or other parties are not a limitation upon the obligation of the Administrator, including without limitation, the amount of indemnification to be provided by the Administrator. The provisions of this section shall survive the termination of this Agreement. 2. Insurance. The Administrator agrees, at no cost or expense to the City, at all times during the administration of the Authority's CMFA Open PACE Program, to maintain the insurance coverage set forth in Exhibit "A" to this Agreement. 3. Amendment/Interpretation of this Agreement. This Agreement, including all Exhibits attached hereto, represents the entire understanding of the parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by both parties hereto. This Agreement shall not be interpreted for or against any party by reason of the fact that such party may have drafted this Agreement or any of its provisions. 4. Section Headings. Section headings in this Agreement are included for convenience of reference only and shall not constitute a part of this Agreement for any other purpose. 5. Waiver. No waiver of any of the provisions of this Agreement shall be binding unless in the form of a writing signed by the party against whom enforcement is sought, and no such waiver shall operate as a waiver of any other provisions hereof (whether or not similar), nor shall such waiver constitute a continuing waiver. Except as specifically provided herein, no 2 City of National City and Indemnification Insurance Agreement 2016 Blueflame Pace Services LLC 182 of 616 Attachment No. 2 failure to exercise or any delay in exercising any right or remedy hereunder shall constitute a waiver thereof. 6. Severability and Governing Law. If any provision or portion thereof of this Agreement shall be held by a court of competent jurisdiction to be invalid, void, or otherwise unenforceable, the remaining provisions shall remain enforceable to the fullest extent permitted by law. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of California applicable to contracts made and to be performed in California. 7. Notices. All notices, demands and other communications required or permitted hereunder shall be made in writing and shall be deemed to have been duly given if delivered by hand, against receipt, or mailed certified or registered mail and addressed as follows: If to the Administrator: If to the City: Alfredo Ybarra Director, Housing, Grants, and Asset Management City of National City 1243 National City Boulevard National City, CA 91950-4301 8. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, which together shall constitute the same instrument. 9. Effective Date. This Agreement will be effective as of the date of the signature of City's representative as indicated below in the City's signature block. IN WITNESS HEREOF, the parties hereto duly executed this Agreement as of the date below. CITY ADMINISTRATOR CITY OF NATIONAL CITY By: BLUEFLAME PACE SERVICES LLC By: Indemnification Insurance Agreement 2016 3 City of National City and Blueflame Pace Services LLC 183 of 616 Attachment No. 2 Ron Morrison, Mayor Date: Date: APPROVED AS TO FORM: Claudia G. Silva City Attorney Name Title 4 City of National City and Indemnification Insurance Agreement 2016 Blueflame Pace Services LLC 184 of 616 Attachment No. 2 INSURANCE A. Minimum Scope of Insurance Coverage shall be at least as broad as: EXHIBIT A 1. The coverage provided by Insurance Services Office Commercial General Liability coverage ("occurrence") Form Number CG 0001; and 2. The coverage provided by Insurance Services Office Form Number CA 0001 covering Automobile Liability. Coverage shall be included for all owned, non - owned and hired automobiles; and 3. Workers' Compensation insurance as required by the California Labor Code and Employers Liability insurance; and 4. Professional Liability Errors & Omissions for all professional services. There shall be no endorsement reducing the scope of coverage required above unless approved by the National City Risk Manager. B. Minimum Limits of Insurance Administrator shall maintain limits no less than: 1. Commercial General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit; and 2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage; and 3. Workers' Compensation and Employers Liability: Workers' Compensation limits as required by the California Labor Code and Employers Liability limits of $1,000,000 per accident; and 4. Professional Liability Errors & Omissions $1,000,000 per occurrence/ aggregate limit. C. Deductibles and Self -Insured Retentions Any deductibles or self -insured retentions must be declared to, and approved by the National City Risk Manager. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects City, its officers, employees, agents, Indemnification Insurance Agreement 5 City of National City and 2016 Blueflame Pace Services LLC 185 of 616 Attachment No. 2 contractors, and volunteers; or Administrator shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses in an amount specified by the National City Risk Manager. D. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: 1. Commercial General Liability and Automobile Liability Coverages. a. National City, its officers, employees, agents, contractors, and volunteers are to be covered as additional insureds as respects: Liability arising out of activities performed by or on behalf of Administrator; products and completed operations of Administrator; premises owned, leased, or used by Administrator; and automobiles owned, leased, hired or borrowed by Administrator. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, employees, agents, contractors, and volunteers. b. Administrator's insurance coverage shall be primary insurance as respects the City, its officers, employees, agents, contractors, and volunteers. Any insurance or self-insurance maintained by City, its officers, employees, agents, contractors, or volunteers shall be excess of Administrator's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies by Administrator shall not affect coverage provided to the City, its officers, employees, agents, contractors, or volunteers. d. Coverage shall state that Administrator's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. e. Coverage shall contain a waiver of subrogation in favor of the City, its officers, employees, agents, contractors and volunteers. 2. Workers' Compensation and Employers' Liability. Coverage shall contain waiver of subrogation in favor of National City, its officers, employees, agents, contractors, and volunteers. 3. All Coverages Each insurance policy required by this AGREEMENT shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or reduced in limits except after thirty (30) days' prior written notice has been given to the City, except that ten (10) days' prior written notice shall apply in the event of cancellation for nonpayment of premium. 6 City of National City and Indemnification Insurance Agreement 2016 Blueflame Pace Services LLC 186 of 616 Attachment No. 2 E. Acceptability of Insurers. Insurance is to be placed with insurers acceptable to the National City Risk Manager. F. Verification of Coverage. Administrator shall furnish the City with certificates of insurance and with original endorsements affecting coverage required by this AGREEMENT. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. Proof of insurance shall be either emailed in pdf format to: eamaya@nationalcityca.gov or mailed to the following postal address or any subsequent address as may be directed in writing by the National City Risk Manager: City of National City Attn: Risk Manager 1243 National City Boulevard National City, CA 91950-4301 G. Subcontractors Administrator shall include all subcontractors as insureds under its policies or shall obtain separate certificates and endorsements for each subcontractor. Indemnification Insurance Agreement 7 City of National City and 2016 Blueflame Pace Services LLC 187 of 616 RESOLUTION NO. 2016 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY THE INCLUSION OF PROPERTIES WITHIN THE CITY'S JURISDICTION IN THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY OPEN PACE PROGRAMS; AUTHORIZING THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY TO ACCEPT APPLICATIONS FROM PROPERTY OWNERS, CONDUCT CONTRACTUAL ASSESSMENT PROCEEDINGS AND LEVY CONTRACTUAL ASSESSMENTS WITHIN THE CITY'S JURISDICTION; AUTHORIZING THE MAYOR TO EXECUTE INDEMNIFICATION AND INSURANCE AGREEMENTS WITH PARTICIPATING ADMINISTRATORS; AND AUTHORIZING RELATED ACTIONS WHEREAS, the California Municipal Finance Authority (the "Authority") is a joint exercise of powers authority, the members of which include numerous cities and counties in the State of California, including the City of National City (the "City"); and WHEREAS, the Authority is implementing Property Assessed Clean Energy (PACE) programs, which it has designated CMFA Open PACE, consisting of CMFA Open PACE programs each administered by a separate program administrator (collectively with any successors, assigns, replacements or additions, the "Programs"); to allow the financing or refinancing of renewable energy, energy efficiency, water efficiency and seismic strengthening improvements, electric vehicle charging infrastructure and such other improvements, infrastructure or other work as may be authorized by law from time to time (collectively, the "Improvements") through the levy of contractual assessments pursuant to Chapter 29 of the Improvement Bond Act of 1911, Division 7 of the Streets & Highways Code ("Chapter 29") within counties and cities throughout the State of California that elect to participate in such program; and WHEREAS, the program administrators currently active in administering Programs are Energy Efficient Equity, Inc., BlueFlame PACE Services LLC and SFA Partners, LLC, and the Authority will notify the City in advance of any requested additions or changes to the manner in which the program administrators operate within the City's jurisdiction; and WHEREAS, the Legislature has authorized cities and counties to assist property owners in financing the cost of installing Improvements through a voluntary contractual assessment program; and WHEREAS, the City desires to allow the owners of all of the property ("Participating Property Owners") in the incorporated area within the City to participate in the Programs and to allow the Authority to conduct assessment proceedings under Chapter 29 within its jurisdiction and to issue bonds to finance or refinance Improvements; and WHEREAS, the Authority will conduct all assessment proceedings under Chapter 29 for the Programs and issue any bonds issued in connection with the Programs; and WHEREAS, the City will not be responsible for the conduct of any assessment proceedings, the levy and collection of assessments or any required remedial action in the case of delinquencies in the payment of any assessments or the issuance, sale or administration of any bonds issued in connection with the CSCDA Open PACE Program. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City as follows: 188 of 616 Resolution No. 2016 — Page Two Section 1. This City Council hereby finds and declares that the foregoing recitals are true and correct. Section 2. The City Council finds and declares that properties located within the City's jurisdiction will be benefited by the availability of the Programs to finance the installation of Improvements. Section 3. In connection with the Programs, the City hereby consents to the conduct of special assessment proceedings by the Authority pursuant to Chapter 29 on any property within the City's jurisdiction and the issuance of bonds under the 1911 Act to finance or refinance Improvements; provided, that (1) The Participating Property Owners, who shall be the legal owners of such property, execute a contract pursuant to Chapter 29 and comply with other applicable provisions of California law in order to accomplish the valid levy of assessments; and (2) The City will not be responsible for the conduct of any assessment proceedings; the levy or collection of assessments or any required remedial action in the case of delinquencies in such assessment payments; or the issuance, sale or administration, repayment or guarantee of any bonds or any other bonds issued in connection with the Programs. (3) The administrators of the CMFA Open PACE Program listed in Section 5 below execute the City's Indemnification and Insurance Agreement on substantially similar terms as presented herewith. Section 4. The appropriate officials and staff of the City are hereby authorized and directed to make applications for the Programs available to all property owners who wish to finance or refinance Improvements; provided, that the Authority shall be responsible for providing such applications and related materials at its own expense. The following staff persons, together with any other staff persons chosen by the City Manager of the City from time to time, are hereby designated as the contact persons for the Authority in connection with the Programs: Alfredo Ybarra, Director of Housing, Grants, and Assessment Management, (619) 336-4254, aybarra(a nationalcityca.gov. Section 5. The Mayor is authorized to execute the Indemnification and Insurance Agreement between the City and Energy Efficient Equity, Inc., BlueFlame PACE Services LLC and SFA Partners, LLC, the administrators of the CMFA Open PACE Program on substantially similar terms as presented herewith. Section 6. The City Manager, or her designees, are hereby authorized and directed to execute and deliver such certificates, requisitions, agreements and related documents as are reasonably required by the Authority to implement the Programs. Section 7. The City Council hereby finds that adoption of this Resolution is not a "project" under the California Environmental Quality Act, because the Resolution does not involve any commitment to a specific project which may result in a potentially significant physical impact on the environment, as contemplated by Title 14, California Code of Regulations, Section 15378(b)(4). 189 of 616 Resolution No. 2016 — Page Three Section 8. This Resolution shall take effect immediately upon its adoption. The City Cleric is hereby authorized and directed to transmit a certified copy of this resolution to the Financial Advisor of the Authority at: California Municipal Finance Authority, 2111 Palomar Airport Road, Suite 320, Carlsbad, California 92011, Attn: Travis Cooper. PASSED and ADOPTED this 6th day of September, 2016. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor 190 of 616 CC/CDC-HA Agenda 9/6/2016 — Page 191 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 191 of 616 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 192 of 616 RESOLUTION NO. 2016 — 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 28' STREET AND NORTH OF EAST 29" STREET. APPLICANT: FRANK MOTORS WHEREAS, application was made requesting to vacate and close 250 feet of "A" Avenue located south of East 28th Street and north of East 29" Street, in the City of National City, County of San Diego, State of California; and WHEREAS, on August 19, 2014, the City Council of the City of National City conducted a hearing and initiated said vacation and closure of "A" Avenue located south of East 28th Street and north of East 29th Street; and WHEREAS, on November 17, 2014, the Planning Commission of the City of National City considered the proposed vacation and closure, and found and determined that the vacation and closure of "A" Avenue located south of East 28" Street and north of East 29' Street conforms with the City's adopted General Plan; and WHEREAS, the City Council has considered the Planning Commission's report and recommendation, and the presentation of staff regarding the proposed vacation and closure; and WHEREAS, public hearings were held on December 16, 2014, March 17, 2015, June 2, 2015, June 7, 2016, and June 21, 2016, at which time ail persons interested in or objecting to the proposed vacation and closure were afforded the opportunity to appear and be heard; and WHEREAS, the City Engineer of the City of National City caused notice of said vacation and closure to be posted in the manner specified by law; and WHEREAS, the National City General Plan does not consider the portion of "A" Avenue located south of East 28th Street and north of East 29" Street as an arterial or collector street; and WHEREAS, at the City Council hearings, evidence was submitted that there is a low volume of usage on the portion of "A" Avenue located south of East 28" Street and north of East 29th Street, based on the report provided by Stack Traffic Consulting; and WHEREAS, at the City Council hearings, evidence was submitted that said portion of "A" Avenue located south of East 28" Street and north of East 29" Street is used by neighboring residents; and WHEREAS, at the City Council hearings evidence was submitted that the portion of "A" Avenue located south of East 28" Street and north of East 29" Street provides an access point to East 30" Street; and WHEREAS, as the City Council hearings evidence was submitted that access to East 30' Street from properties in the neighborhood of the portion of "A" Avenue located south of East 28" Street and north of East 29th Street was provided via alternate routes. 193 of 616 Resolution No. 2016 — Page Two NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that it hereby denies said Street Vacation based on the following findings: 1. That the street described in Case File No. 2013-23 SC is necessary for present and prospective public use because multiple area residents stated they use the subject segment of "A" Avenue on a frequent basis. 2. That the street described in Case File No. 2013-23 SC is necessary for present and prospective public use because multiple area residents stated that they prefer to use the subject segment of "A" Avenue in order to safely access southbound National City Blvd_ from the controlled intersection at East 30' Street. PASSED and ADOPTED this 6th day of September, 2016. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor 194 of 616 CC/CDC-HA Agenda 9/6/2016 — Page 195 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 195 of 616 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 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 Angelo's Towing and Recovery with a term of October 1, 2016 — September 30, 2018. PREPARED BY: Police/City Attorney/City Manager PHONE: 336-4240 EXPLANATION: See Attached DEPARTMENT: PD/CAICMG APPROVED BY•� FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: ENVIRONMENTAL REVIEVV: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Staff recommends awarding and entering into tow contracts with Road One Towing and Angelo's Towing, on the terms and conditions set forth in the contracts, attached. BOARD 1 COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Staff Report 2. Site Visit Staff Report, Site Visit Forms & Photos 3. Contracts: Road One Towing & Angelo's Towing 4. Towing Contract Price Comparisons 5. Resolution 6. PowerPoint presentation 1QFnfRIF Staff Report: 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 Angelo's Towing and Recovery with a term of October 1, 2016 — September 30, 2018. Staff Recommendation Award and authorize the Mayor to execute tow contracts to the top two ranked tow providers: RoadOne Towing (RoadOne West, Inc.) and Angelo's Towing. Background The City's current towing contracts with Tom Moynahan Towing and RoadOne Towing expire on September 30, 2016. Moynahan's Towing, however, terminated their towing contract with the City effective July 15, 2016. RoadOne agreed to assume the towing and impound services for the on -call rotation previously covered by Moynahan Towing, commencing August 1, 2016 and continuing through September 30, 2016. In late 2015, a working group comprised of representatives from the City Manager and City Attorney's offices; and the Finance, Police and Neighborhood Services Departments convened to facilitate a timely process for a seamless continuation of services beyond September 30, 2016. Consistent with the City's practice of seeking proposals for contractual services, the working group drafted the Request for Proposals (RFP) for towing and impound services. On May 17, 2016 the City Council approved the issuance of a Request for Proposals for towing and impound services. Members of the working group evaluated the proposals, conducted site inspections and negotiated conditional tow contract(s) to be executed and effective by October 1, 2016. The tow contract working group is comprised of representatives from several City departments including: City Manager's Office • Stacey Stevenson, Deputy City Manager City Attorney's Office • Claudia Silvia, City Attorney • Nicole Pedone, Senior Assistant City Attorney Finance • Debra Lunt, Purchasing Buyer Neighborhood Services • Armando Vergara, Director of Neighborhood Services Police Department 197 of 616 • Alejandro Hernandez, Police Lieutenant • Jeffrey Meeks, Police Sergeant RFP Process The working group worked together to prepare a Request for Proposal ("RFP") for review of companies for consideration of the future tow contract. On May 17, 2016, the City Council approved issuance of RFP #GS1516-6 for Towing and Impound Contract services for the City of National City. The RFP contained all the criteria to be used by the working group and the Police Department has established standard, consistent tow rates. RFP #GS1516-6 was issued on May 19, 2016. RFPs were mailed to eighteen (18) potential bidders. Responses to the RFPs were due on June 21, 2016. The City received seven (7) responses. When deciding to whom a contract should be awarded, the RFP clearly states that the award of a contract(s) is based on the best overall value to the City. The factors to consider in determining the best overall value include, but are not limited to: evaluation of service capabilities, experience, price, and other factors assessed in the RFP. There is no obligation to make an award based solely on financial factors. In addition, there is no obligation to make any award to any contractor. RFP Evaluations The working group reviewed the seven written proposals. Extensive administrative review and site evaluations were conducted by pertinent members of the working group, and proposals were evaluated according to how well they met or exceeded the RFP requirements. Site inspections were conducted in accordance with the RFP at each of the businesses that submitted a proposal. Accordingly, a total of seven site inspections were conducted by Sergeant Jeffrey Meeks, Officer Charles Stevens and Director of Neighborhood Services, Armando Vergara. After the site inspections, it was determined that three of the bidders proposals did not meet the RFP requirements. (Please see the report prepared by Sgt. Jeffrey Meeks, attached hereto as Towing Contract Request for Proposal; Site Visits). The four remaining proposals that meet the RFP requirements, in alphabetical order are: • Angelo's Towing, 1177 South 26th Street, San Diego, CA., 92113 • Cortes Towing, 919 Hollister St, San Diego, CA., 92154 • Road One Towing, 3821 Calle Fortunada, Suite A, San Diego, CA., 92123 • Tony's Auto Service, 305 East St, Chula Vista, CA., 91910 It has been determined that these four (4) tow contractors meet and/or exceed the RFP requirements and are suited to provide the required level of service the City 198 of 616 expects. Pursuant to the RFP, the objective is to select two (2) tow contractors to be placed on a rotational basis for the new tow contract period beginning on October 1, 2016 through September 30, 2018. The proposed rates received from the remaining four (4) tow contractors differed from one another. (Please see attached Tow Rates Chart prepared by Purchasing Buyer Debra Lunt, attached hereto). Based on the proposed rates proposed by the two recommended tow operators, the Police Department has established consistent tow rates. Below is a brief analysis of the four contractors (in alphabetic order) that meet and/or exceed the RFP requirements Additional details relied upon by the working group are provided in Police Sergeant Jeffrey Meek's attached report titled "Towing Contract Request for Proposal (RFP); Site Visits." A. Angelo's Towing Advantages • Met RFP requirements • Located close to National City (within 4 miles) • CHP certified trucks — all sizes required in RFP, high quality equipment. o The fleet of trucks are new and equipped with advanced technology, such as GPS, to assist with faster response times on calls for service o All Angelo's tow trucks are also equipped with a notebook style computer which receives calls for service, the GPS application will direct the drivers where to respond • Business office/dispatch staffed 24/7 • The communication center is state of the art with numerous large screen high definition televisions which monitor all activity on all of the tow yards • Large, paved storage yard, alarmed, video surveillance, well lit • Tow contract with City of Coronado, CHP, San Diego Police Department, San Diego Sheriff's Department, and AAA • Largest AAA provider in area • Close to public transportation • All Positive references • Better Business Bureau Rating: A+ Factors to Consider • No prior experience as a National City tow provider • No existing secure evidence storage facility; one would have to be constructed, which the owner said he would do (a secure evidence storage facility was not required at the time of proposal but is required as a condition of final award to any selected contractor) 3 199 of 616 • No current process in place to collect fees due the City; the contractor would have to create an administrative process and train employees B. Cortes Towing Advantages • Met RFP requirements • Long history of municipal tow service • CHP certified trucks — all sizes required in RFP, quality equipment (Trucks appear to be well maintained and in good repair) • Business office/dispatch staffed 24/7 • Large storage lot (35,000 square feet - large enough to meet all City needs), alarmed, video surveillance, well lit • Has a secure storage area for evidentiary vehicles • Tow contract with San Diego Sheriff's Department, San Diego Police Department, and AAA • Close to public transportation • Positive references • Better Business Bureau Rating: B- Factors to Consider • No prior experience as a National City tow provider • Distance: this tow yard is one of the furthest from City Hall at 7.3 miles; with traffic, this could be problematic for response times as well as for citizens to pick up their cars • There is a U Haul rental center also operated on the property which could be problematic with security if the general public can access the lot. Twice the secondary gate was seen open. Once during the initial visit, then again at a later time when I followed up on the site • No current process in place to collect fees due the City; the contractor would have to create an administrative process and train employees C. Road One Advantages • Met RFP requirements • Located close to National City (3.2 miles) • Road One is the City's current tow contractor and there have been no issues with response times. • Past National City tow contractor (1989-2006); provided good service to the City other than response time concerns at that time • Long history of municipal tow service 4 200 of 616 • CHP certified trucks — all sizes required in RFP, high quality equipment, largest fleet o The fleet of trucks is new and equipped with the advanced technology such as GPS to assist with faster response times on calls for service o Each driver is issued a smart phone with an application that receives the call for service, then the driver can mark his arrival time and when they are in tow o The application also allows the driver to upload all vehicle information into the Road One tow system automatically • Main business office/dispatch staffed 24/7 • Large storage lot (large enough to meet all City needs), alarmed, video surveillance, well lit • Has a secure storage area for evidentiary vehicles • Has process in place to collect fees due to the City • Tow contract with San Diego Police Department, Chula Vista Police Department, National City Police Department, Escondido Police Department, La Mesa Police Department, San Diego Sheriff's Department and several other law enforcement agencies • Close to public transportation • Positive references • Better Business Bureau Rating: A Factors to Consider • Storage lot used for City will only be staffed during business hours. For after-hours release, a customer must phone the dispatch center and then they will immediately send an employee to the storage lot to assist customer; thus there is waiting time D. Tony's Auto Service Advantages • Met RFP requirements • Located close to National City (3.8 miles) • CHP certified trucks — all sizes required in RFP, quality equipment (all trucks are new, under four years old, equipped with notebook computers containing GPS technology to assist with faster response times.) • Alarmed, well -lit storage lot with video surveillance • Has a secure storage area for evidentiary vehicles • Tow contract with the Chula Vista Police Department, CHP, US Border Patrol and AAA • Close to public transportation 201 of 616 • Positive references Factors to Consider • No prior experience as a National City tow provider • No current process in place to collect fees due to the City; the contractor would have to create an administrative process and train employees • Storage lot has several large buildings within the secured area which takes away overall size of the lot. Actual storage area is very limited. May have difficulty storing all of NCPD's tows, especially if a high tow volume operation such as a DUI/DL checkpoint is conducted • Better Business Bureau Rating: D- Staff Recommendation After reviewing all responses to the RFP and conducting the site inspections, the following are staff's recommendations for Council consideration. Consistent with the objective of the City Council approved RFP, the Police Department recommends the City and enter into contracts with two (2) towing and impound contractors. Based on prior experience, it is more efficient to manage and administer two tow contractors in terms of scheduling, preparing two monthly reports of each, and tracking all contract obligations and requirements. Having completed a comprehensive RFP and evaluation process, with consideration of overall best value to the City and the community, staff recommends awarding and entering into tow contracts with the following: RoadOne Towing (RoadOne West, Inc.). Angelo's Towing Based on the terms and conditions set forth in the contracts, attached. 6 202 of 616 •... : r j g. €1 FITY OF NATIONAL CT' SUMMARY OF SCORES FOR VENDORS ROAD ONE ANGELOS TONYS AUTO CORTES Dispatch Center 3 3 3 2, Communication 3 3 2 2 Equipment 3 3 3 3 Distance 3 3 3 1 Public Transportation 2 . 3 2 3 Lot Size 3 2 2 2 Personnel 3 3 2 3 Security 3 3 3 2 Evidence Storage 3 1 2 3 Total 26 24 22 2. 1;- Below Standard 2= Standard 3= Above Standard 203 of 616 NATIONAL CITY POLICE DEPARTME1'i'T MEMGRAND UM DATE: July 20, 2016 TO: Tow Contract Working Group FROM: Jeffrey Meeks, Tow Contract Committee Member SUBJECT: Towing & impound Contract Request for Proposal (REP); Site Visits Request for Proposal ("RFP") #GS1516-6 was issued to establish a new Towing and Impound contract for the City of National City. The RFP's were mailed to vendors, and advertised in the San Diego Union Tribune and the Star News. The completed RFP's were due on June 21st, 2016. The City received seven (7) responses. Upon initial review of all the proposals by the Tow Contract Working Group it was decided to visit all seven site& The seven sites were visited on July 12t and 13t in the following order; • ASAP Towing.,1885 Nirvana St, Chula Vista • Quality Towing, 270 Tro sdale St, Chula Vista • Rescue Towing, 1640 Logan Ave, San Diego • Angelo's Towing, 1177 S. 26t Street; San Diego • Cortes Towing 919 Hollister St, San Diego • Tool's Auto Service and Towing, 305 E St, Chula Vista • RoadOne Towing, 3333 National Ave, San Diego Site visits were conducted on all seven tow contractors by Armando Verges (Director of Neighborhood Service), Officer Clarks Stevens and myself: At each location there was a single `Tow RFP Site Visit' form completed. All three ofus concurred with the findings at each site and one form was completed jointly fbr each site. As stated in the RFP, the site visits were conducted without prior notice in order to view the tow contractor in their normal everyday business setting. The site visits were conducted over a two day period on Tuesday, July 12, 2016, and Wednesday, July 13, 2016_ The cbeckiists are attached to this memorandum. During each of the inspections 1 requested copies of the C RP 243B forms as well as photo copies of the drivers licenses for those who will service the city. I requested each vendor provide the copies as soon as possible, but no later than Thursday July 14, 2016. All vendors complied in a timely manner except for Quality Towing. Quality Towing 1 204 of 616 emailed the information on Friday, July 15, 2016. Quality Towing then delivered a package containing the information on Monday July 18, 2016. Officer Stevens inspected all forms provided by each vendor. These forms included photo copies of the driver's license for all diners who will be servicing the City of National City and CHP 243E forms (Tow Truck Inspection Forms) of the trucks that will be servicing the city. Officer Stevens verified the forms were current and filled out completely. Officer Stevens also inspected the copy of the driver's license to confirm the validity. During the site visits Director Vergers, tficer Stevens and I looked for the following items at the Iot; • Distance from City Hall • Lot Size (Over 10,000 square feet) • Nearby Public Transportation • How the lot was enclosed i.e., fenced or solid wall etc. • Lockable Gates • Alarmed • Security Cameras • Sufficient Lighting • Drainage • Secured Evidence Storage • Paved Examination Area RESULTS OF SITE MST's ASAP Towing (visited 7-11-16 @ 09:20 am) Employee present —Not identified ASAP Towing has a current business license for their jurisdiction. Their business office/storage lot is located at 1885 Nirvana St in Chula Vista which is either 10.2 miles or 9.3 mules from City Hall depending on the route taken. According to Google maps the travel time is 15 minute or 18 minutes respectably. That is an estimate with no traffic. This raises a concern about whether they can timely respond to calls, due to the distance from National City. Their business office is staffed 24 hours a day. All incoming phone calls are answered by office staff during business hours. Business hours are posted as 8 AM to 5 PM. The office staff is available 2417 for after-hours vehicle releases, through contact with the answering service. The current fee schedule is posted at the business, they accept cash and major credit cards, and have cash on hand for change. An inspection of invoices verified that customer invoices are itemized with all charges. 2 205 of 616 ASAP Towing currently services the following agencies., the El Cajon Police Department, CHP and AAA. The employee did not know if they have a system in place for reconciliations. ASAP trucks are CHP certified. The business has standard duty, medium duty wheel, and heavy duty lift trucks, a standard/medium duty rollback truck and also a sub -garage truck. All their trucks are equipped within RFP requirements. The large truck was not on site for inspection, so it was not seen. ASAP Towing's storage lot is Located in Chula Vista, but there is no nearby public transportation. The closest bus stop is located at Brandywine Ave, which is .8 miles from the bidder's Location. I determined it would take a person over an hour on public transportation from National City before having to walk the last .8 miles just to reach the yard. On the lot there were only a few cam, which I found odd because other tow yards have numerous cars on their lots in a variety of condition. This led me to believe this lot was not the primary lot of ASAP and most likely an overflow lot. I have also seen a larger lot with numerous ASAP tow trucks parked in the El Cajon area. on Marshall Ave. The yard size is listed as 40,000 square feet. My visual estimate of the lot size agrees with this estimate. The storage yard is enclosed by a corrugated metal solid fence and a Locked gate. The lot does not contain a secured area for evidentiary vehicles. The lot does not have an alarm system. The RFP requires an alarm and intrusion sensors that provide immediate notification capabilities at all times or similar devices or security measures. (pg. 14, Section III. D. of the RFP). Conclusion: ASAP Towing does pot meet all RFP requirements. The storage lot does not have an alarm system, which is required by the RFP. Oualitv Twine (visited 7-12-16 ® 09:49 am) Employee present — Adrian Jimenez Quality Towing has a current business license for their jurisdiction. Their business office/storage lot is located at 270 Trousdale St in Chula Vista which is 3.5 miles from City Hall. Their business office is staffed from 8 AM to 5 PM. The sign outside also indicates business hours are 8 AM to 5 PM. A11 incoming phone calls are answered by office staff during business hours. The office staff is available 24/7 for after-hours vehicle releases. The current fee schedule is posted at the business, they adept cash and major credit cards, and have cash on hand for change. An inspection of invoices verified that customer invoices are itemized with all charges. 3 206 of 616 Quality Towing currently services the following agencies: the CHP. The employee did not know if they have a system in place for reconciliations. It is unknown if Quality trucks are CHP certified. The proposal sent in by Quality Towing had the truck information, however the sheets were blank. The business says it has standard duty, medium duty wheel, and heavy duty Iift trucks and standard/medium duty rollback trucks. There were no trucks at the lot when we arrived on site. Quality Towing's storage lot is located in Chula Vista and there is nearby public transportation. On the lot theme were only a few cars and several motorhomes, which I found odd since other tow yards have numerous cars on the lot in a variety of conditions. This led ma to believe this lot was not the primary lot of Quality Towing and most likely an overflow lot. The yard size is listed as 33,000 square feet and my visual estimate of the lot size agrees with this estimate. The storage yard is enclosed by a solid wall on one side and chain link fence on three sides with razor wire on the top and a locked. gate. The lot does not have an alarm system. The RFP requires an alarm and intrusion sensors that provide immediate notification capabilities at all times or similar devices or security measures. (pg. 14, Section M. D. of the RFP). The storage lot does have a paved vehicle examination area. The lighting is the older style gas Betting and it was my opinion looked inadequate for the area. Conclusion: Quality Towing does not meet all RFP requirements. The storage lot does not have an alarm system, which is required by the RFP. Rescue Towing (visited 7-12-16 @ 11:30 am) Employee present — Chris lleacue Towing has a current business license in their current jurisdiction. Their business office/storage lot is located at 1640 Logan Ave, San Diego which is approximately 3.8 miles from the City Hall. Their business office is staffed 24 hours a day, 7 days a week. Their business hours are 8:00 am to 5:00 pm. All incoming phone calls are answered by office itafE The office staf is available 24/7 for after-hours vebicle releases. The current fee schedule is posted at the business, they accept cash and major wit cards, and have cash on hand for change. An inspection of invoices verified that customer invoices are itemized with all charges. 4 207 of 616 Rescue Towing currently tows for the CHP, the US Marshal's Service and Ace Parking. They also listed the San Diego Sheriff's Office and San Diego Harbor Police, however we were not able to verify this information. According to the RFP Attachment B the bidding contractor was required to provide 5 references where work of a similar size and nature was performed. Rescue Towing failed to provide information for two of its references. NCPD could not verify Rescue Towing actually contracted with these agencies. Rescue Towing does not currently have a system in place for reconciliation for National City. Rescue Towing's truck fleet meets most of the RFP requirements. All truce are CHP certified. The business has standard duty, medium duty, and heavy duty wheel lift trucks, standard/medium duty rollback trucks, and a heavy duty tuck, however the heavy duty truck was not on site and not able to be inspected. The business also has a tow truck capable of sub -garage towing and an off road capable vehicle. All trucks are equipped within RFP requirements. Rescue Towing's storage lot is located in San Diego and close to public transportation. The storage lot has a paved surface and appears to be over 10,000. My visual estimate of the lot size agrees with this estimate. The storage yard is enclosed by solid chain link with mesh fence, a solid wall and a locked gate. The lot is not alarmed, but is monitored by several cameras that record. The RFP requires and alarm and intrusion sensors that provide immediate notification capabilities at all times or similar devices or security measures. (pg. 14, Section III. D, of the RFP). The lot is well lit with pole mounted lights. Rescue Towing has another storage location in close proximity to National City (281 Broadway, Chula Vista) that has an enclosed, secured storage area for evidentiary vehicles, however there is not one at the main site. It has a paved vehicle examination area on the main lot. Conclusion: Rescue Towing does not meet all RFP requirements. The storage lot does not have an alarm system, which is required by the RFP. Angelo's Towing (visited 7-12-16 a 10:15 am) Employee present —Nash Habib Angelo's Towing has a current National City business license, Their business office/storage lot is located at 1177 S. 266' Street in San Diego which is approximately 3.0 miles from the City Hall. Their business office is staffed 24 hours a dayf7 days a week. Dining the business hours of 6:00 am to 6:00 pm, there are three office employees present; from 10:00 pm to 6:00 am the staff consists of three dispatchers. All incoming phone calls are answered by office staff; The office staff is available 24/7 for after-hours vehicle releases. The current fee schedule is posted at the business, they accept cash and 5 208 of 616 major credit cards, and have cash on hand for change. An inspection of invoices verified that customer invoices are itemized with all charges. Angelo's Towing cutely tows for the CHP and the Coronado Police Dent. They do not have a current system in place for reconciliations as they do not collect any fees for either agency. They are a large Automobile Club ("AAA") provider with over a thousand AAA calls fbr service each month. Nash Habib states they have the ability to create a system for municipal tow reconciliations. Angelo's Towing's truck fleet meets the RFP requirements. All trucks are CHP certified. The business has standard duty, medium duty, and heavy duty wheel lift trucks, standardimedium duty rollback trucks, and a heavy duty landau truck. The business also has a tow truck capable of sub -garage towing and an off road capable vehicle. All trucks are equipped within RFP requirements. Angelo's Towing's storage lot is Located in San Diego and close to public transportation. The storage lot is paved and per Nash Habib, is approximately 20,000 square feet including the office building. My visual estimate of the lot size agrees with this estimate. The storage yard is enclosed by solid fbnee and wall with a locked gate. The lot is alarmed and monitored by several high definition cameras that record. The lot is well lit with pole and building mounted lights. The storage lot does not have a secured storage area for evidentiary vehicles. It has a paved vehicle examination arm Habib said he would build a secure area for evidence storage if awarded the contract. Conclusion: Angelo's Towing and Storage meets all RFP requirements. Cortes Towing Euternrises. Inc, (visited 7-13-16 ® 1:14 pm) Employees present — Juan Cortes and Johnny Cortes Cortes Towing has a current National City business license. Their business ofreefstorage lot is located at 919 Hollister Street in San Diego which is approximately 7.2 miles from City Hall. According to Google maps this a 13 minute drive without traffic. This is an area of concern fbr me as the response time is 20 minutes from time of call. If there is any amount of traffic in carer direction the response time will be in jeopardy and with San Diego freeways being already congested I believe this will be a factor. Johnny Cones told me he would station a couple trucks in the vicinity of National City during their tow rotation, but I am concerned that their additional responsibilities to San Diego PD, CHP as well as AAA would affect their ability to timely respond. Cortes Towing is located in the southern portion of the county and in close proximity to the other cities they service such as SDPD (Southern Division) and SDSO (Imperial Beach Station). This is not the case for National City, where it is 72 Miles to Cortes Towing. 6 209 of 616 Imperial Beach City Hall and their Sheriff's Station is 3 miles from Cortes Towing and SDPD's Southern Division is .7 miles from Cortes Towing. Cortes Towing's proximity to those agencies allows for quick response times. Cortes Towing's distance from National City, however, raises concerns over whether Cortes Towing can timely respond to the City. The business hours are listed as 8:00 am to 5:00 pm, there were several office employees and one dispatcher present. MI incoming phone calls are answered by office staff. The office staff is available 24/7 for after-hours vehicle releases. The current fee schedule is posted at the business, they accept cash and major credit cards, and have cash on hand for change. An inspection of invoices verified that customer invoices are itemized with all charges. Cortes Towing currently tows for the CHP and the San Diego Police Department They have a system in place for reconciliations with SDPD and believe they can create a reconciliation system for National City with minimal effort. They axe a large AAA provider with numerous AAA calls for service each month. Cortes Towing's truck fleet does meet the RFP requirements. Their trucks are CHP certified and the business has standard duty and medium duty wheel lift trucks and standard/medium duty rollback trucks. Their trucks are equipped within RFP requirements. They now have a heavy duty tow truck. They also now have a running vehicle capable of off -mad towing. The business showed me a tow truck capable of sub - garage towing. Cortes Towing's storage lot is located in San Diego and close to public transportation. The storage lot is paved and is approximately 35,000 square feet. My visual estimate of the lot size agrees with this estimate. The storage yard is enclosed by solid chain link with mesh fence with a double, locked gate. The lot is alarmed and monitored by several cameras that record However, the fence on the east side of the property seemed to sit lower than other sides which could compromise the lot, as it makes it easier for someone to jump the fence. The lot is well lit with pole and building mounted lights. The storage lot has an enclosed, secured storage area for evidentiary vehicles. It has a paved vehicle examination area. It should be noted there is also a U Haul rental business being operated in the same yard as the tow yard. Upon our inspection the front gate was not locloxl and the secondary gate was completely open. This raises security concerns. Conclusion: Cortes Towing meets all RFP requirements. Tonv's Auto Strvice (visited 7-13-16 ® 1:41 pm) Employee present — Santar 7 210 of 616 Tony's Auto Service has a current business license in their jurisdiction. Their business office/storage lot is located at 305 B St, Chula Vista which is approxiimately 3.2 miles from the city hall. The contractor states the business office is staffed Monday — Friday, 8:00 am to 6:00 pm (the posted hours state 8:00 am to 5:00 pm). The current fee schedule is posted at the business. They accept cash and major credit cards, and have cash on hand for change. An inspection of invoices verified that customer invoices are itemized with all charges. Tony's Auto Service does not have a system in place to post reconciliations for other municipalities. They have a system to collect for AAA towing. Tony's Auto Service truck fleet meets the RFP requirexnents. Ail trucks are CHP certified. The business has standard duty, medium duty, and heavy duty wheel lift trucks, standard/medium duty rollback trucks, and a heavy duty truck. The business also has a tow truck capable of sub -garage towing and an off road capable vehicle. All trucks are equipped within RFP requirements. Tony's Auto Service storage lot is located in Chula Vista and close to public transportation. The storage lot has a paved surface and is listed as 34 of an acre or 32,670 feet My visual estimation concurs with this size. The storage yard is enclosed by solid wall and barb wire with a locked gate. The lot is alarmed. The lot has HD surveillance cameras, with large LCD TV's for monitoring. The lot appears to be well lit The storage lot has an indoor storage area for evidentiary vehicles and has a paved vehicle examination area. Conclusion: Tony's Auto Service meets all RFP requirements. RoadOne Towing (visited 7-13-16 ® 2:15 pm) Employee present Pamela Lent RoadOne Towing has a current National City business license. Their business ofl ce/storage lot is located at 3333 National Avenue in San Diego which is approximately 3.2 miles from the City Hall. This business office is staffed Monday — Friday, 8:00 am to 6:00 pm. That is also a sign indicating the business hours are 8AM 5PM, except for NCPD, The hours for NCPD are 8AM to 6 PM. After hours, phone calls are routed to the main office/dispatchers and answered by staff If an after-hours release is requested by a customer, the dispatcher would innmediately send a RoadOne employee to the storage lot to assist the customer. All incoming phone calls are answered by RoadOne staff; The current fee schedule is posted at the business, they accept cash and major credit cards, and have cash on hand for change. An inspection of invoices verified that customer invoices are itemized with all charges. 8 211 of 616 RoadOne Tow tows for several law enforcement agencies. RoadOne Towing has a system in place to post reconciliations for other jurisdictions. They currently have a system in place for National City, RoadOne Towing's truck fleet meets the RFP requirements. All trucks are CHP certified. RoadOne Towing provided current CHP inspection forms (CHP 243B). These forms were verified by an officer in the Traffic Unit. The business has standard duty, medium duty, and heavy duty wheel lift trucks, standard/medium duty rollback trucks, and a heavy duty truck. The business also has tow trucks capable of sub -garage towing and off road capable vehicles. All trucks are equipped within RFP requirements. RoadOne has the largest fleet of trucks of all the RFP proposals. According to Brad Ramsey, all trucks have a Tele-track GPS system allowing RoadOne dispatch to know the location of all trucks and dispatch the closest truck for a shortened response time. RoadOne Towing's storage lot is located in San Diego and close to public transportation. The storage lot is composed of a gravel type surface with partial paving and is approximately 150,000 square feet. My visual estimate of the lot size agrees with this estimate. The storage yard is enclosed by solid chain link fence reinforced with rebar and barb wire with a locked gate. The lot is alarmed and monitored by several cameras equipped with motion sensors, that record. The lot is well lit with pole and building mounted lights, The storage lot has an indoor secured storage area for evidentiary vehicles and has a paved vehicle examination area. Conclusion: RoadOne Towing meets all RFP requirements, SUMMARY OF SITE VISITS Upon completion of the site visits, the results of the site visits ware presented to the tow contract working group. As a result of the site inspections, it was determined that three of the proposals did not meet the RFP requirements. The fallowing three did not meet RFP requirements; • ASAP Towing, 1 885 Nirvana Ave, Chula Vista, did not meet RFP requirements due to not having an alarm system in place. • Quality Towing, 270 Trousdale St., Muhl Vista, did not meet RFP requirements due to not having an alarm system in place. • Rescue Towing, 1640 Logan Ave, San Diego, did not meet RFP requirements due to not having an alarm system in place. The following four tow contractors were found to have met the RFP requirements; • Road One Towing (A to Z Enterprises, Inc.), 3821 Calle Fortunada, Suite A, met all RFP Requirements and did have a secured evidence Storage area. • Angelo's Towing, 1177 S. 25a' Street, San Diego, met all RFP requirements, but did not have a secured evidence area. 9 212 of 616 • Tony's Auto Center, 305. E St, Chula. Vista, met ali RFP requirements and did have a secured evidence area. • Cortes Towing, 919 Hollister St.,, San Diego. met all RFP requirements and dicl have a secured evidence area. Icy Meeks 10 213 of 616 CITY OF NATIONAL CITY' •- 'PR'ryi . - f]- TOW RFP SITE VISIT ECT 65,4-7z DATE/TIME:/TIME: (II LPPROSP PROSPECTIVE CONTRACTOR: BUSINESS LICENSE > Current in jurisdiction 24 HOUR PHONE CONTACT Pager / cell / office staff / answering service 24 HOUR OFFICE STAFF FOR RELEASE Office atyard (Open minimally 0800-1800) 4.5 , '""., c,,4_ Access to vehicle by R/0 24 hours X FEE SCHEDULE POSTED IN OFFICE ke- ACCEPT CREDIT CARD AND CASH ;r Cash on hand for change g PROCEDURE IN PLACE TO POST RECONCILIATION YES / NO 54.- INVOICES ITEMIZED WITH ALL CHARGES TOW TRUCK REQUIREMENTS > Rollback 9 Basic = YES / Pi0 Medium = YES / NO Heavy YES / NO ) lr1 C ➢ Wheel Lift 9 Basic = NO Medium NO Heavy = YES / NO r L+ ( ➢ One sub -garage vehicle riPP NO i► Off -road Capable Truck 044 NO TRUCK EQUIPMENT > Two Way Radio 8000 Ibs capacity D Dollies on each vehicle Completed CHP Inspection Certificate for each vehicle (working within Ncj signed and dated prior to June 21n, 2016 LOT REQUIREMENTS ➢ Within 10 miles of City Hail (Appx Distance = ) > >10,00D soft lot (Appx so footage = 1 D Public transit nearby YES , i0 > Enclosed 9 Solid Fence or Wall YES / (Within 8 ft? ( / NO) > Lockable G . - NO • Alarmed / Pt0 Security Cameras = "ta NO ➢ Suffident Lig tang D- Drainage _. _ _ • Secured Evidence Storage 3 IkeLe,vgel) / . S- Paved Examination Ares > samples of drivers licenses for employees who will be working In NC. Conduct survey of 10 employees or 1O% of employees, whichever is greater. COMMENTS: ✓Gel/ohl ..x" S 7-Wb -t de 'Jd't' 214 of 616 iCITY OF NATIONAL. CITY TOW RFP SITE VISIT PROSPECTIVE CONTRACTOR: /9 fq( DATE/TIME:`lJ- I o BUSINESS LICENSE Y Current in Jurisdiction .1.. 24 HOUR PHONE CONTACT . z.-' (-yam rt (S 4frt.46 > Pager /cell / office staff / answering service 24 HOUR OFFICE STAFF FOR RELEASE > Office at yard (Open minimally 0800-1800j 7''"`5— '44_ S G• > Access to vehicle by It/0 24 hours • FEE SCHEDULE POSTED IN OFFICE ACCEPTCREDITCARD AND CASH > Cash on hand for change "G PROCEDURE IN PLACE TO POST RECONCILIATION /NO 15( INVOICES ITEMIZED WITH ALL CHARGES TOW TRUCK REQUIREMENTS • !{ > Rollback 4 Basic Ns / NO Medium = YES / NO Heavy/ NO X. > Wheel Lift -3 Basic uP: / NO Medium IOW NO Heavy! YES / NO > One sub -garage vehicle YES / NO > Off -road Capable Truck YES / NO TRUCK EQUIPMENT ➢ Two Way Radio > 8000 lips capacity A -- Dollies on each vehicle • Completed CHP inspection certificate for eac#i vehicle (working within NC signed and dated prior to June 11g, 2016 • LOT REQUIREMENTS it. > Within i0 miles of tatty Hall (Appx Distance • 4 .. b 5,10,000 sq it:lot (Appx s footage , . . j . D Public transit nearby NO_ . : > Enclosed 4 Solid Fence NO or Wall el N0 (Within 8 ft? YES / NO) X > Lockable Gate e / No X. > Alarmed s 'r 0;Security Cameras .� NO D Sufficient L hting > _ Drainage .. . _ is Secured Evidence Storage D Paved Examination Area • Samples of drivers licenses for employees who will be working in NC Conduct survey of 1D employees or 2096 of employees, whichever is greater. COMMENTS: 215 of 616 i -41 CITY OF NATIONAL CITY •,. w. -4i111 10.441f. a PROSPECTIVE CONTRACTOR: BUSINESS LICENSE Current in jurisdiction \% 24 HOUR PHONE CONTACT ▪ Pager/ cell / office staff / answering service 24 HOUR OFFICE STAFF FOR RELEASE Y Office at yard (Open minimally 0800-1800) D Access to vehicle by R/O 24 hours FEE SCHEDULE POSTED IN OFFICE 4. ACCEPT CREDIT CARD AND CASH ✓ -Cash on hand for change. ..rc PROCEDURE IN PLACE TO POST RECONCILIATION / NO K. INVOICES ITEMIZED WITH ALL CHARGES TOW TRUCK REQUIREMVIENTS i� Rollback Basic 'S NO MediumaaeS'/ NO Heavy = / NO 9 Wheel Lift 4- Basic=OA / NO Medium =liS / NO Heavy gllS / NO ) One sub-garaagevehicle / NO Off -road Capable Truck NO TRUCK EQUIPMENT 9 Two. Way Radio > 8000 Ibs capacity Dollies on each vehicle A Completed CHP inspection Certificate for each vehicle (working within NC) signed and dated prior to June 21'1, 2016 LOT REQUIREMENTS A Within 10 miles of City Hall (Appx Distance = �} > >10,000 sq ft lot (Appx sq footage = i A Public transit nearby YES ,/ N O , C Q Endosed -) Solid Fence '/ N0 or Wall YES / (Within 8 ft? / NO) • Locka>Sie Gate �;. / N0 » Alarmed = giT49 0 Security Cameras ==4::aliNO > Sufficient Lighting 7G > Drainage Secured Evidence Storage ) Paved Examination Area ? Samples of drivers licenses for employees who will be working In NC. Conduct survey of 10 employees or 10% of employees, whichever is greater. COMMENTS: ?Artet.i_et.,A La• 604"j TOW_RFP SITE VISIT it/Jr DATE/TIME: 216 of 616 CITY OF NATIONAL CITY Ara" vote-isiii TOW RFP SITE VISIT PROSPECTIVE CONTRACTOR: Ar'T! DATE/i'IME:071z— 16 el gz6 BUSINESS LICENSE > Current in jurisdiction ill 24 HOUR PHONE CONTACT D Pager / cell / office staff/ answering service 2q a1rt. 24 HOUR OFFICE STAFF FOR RELEASE D Office at yard (Open minimally 0800-1800) fi / 600 igew4e / ` r D Access to vehicle by R/O 24 hours FEE SCHEDULE POSTED IN OFFICE ACCEPT CREDIT CARD AND CASH y o' D Cash on hand for change V �+�, PROCEDURE IN PLACE TO POST RECONCILIATION ITf�' / NO INVOICES ITEMIZED WITH ALL CHARGES 1 s TOW TRUCK REQUIREMENTS > Rollback 4 Basic = ' fi? / NO Medium = / NO Heavy = / NO D Wheel Uft 4 Bask = 4:1. NO Medium = t / NO Heavy =OS / NO > One sub -garage vehlcl / NO • Off -road Capable Tru. jI / NO TRUCK EQUIPMENT D Two Way Radio /4 0 > 8000 Ibs capacity D Dollies on each vehic1e r M "' D Completed CHP Inspectlah Certificate for each vehide (working within NC) arid a si ned e June Zip, 2016 g fiat d prior to LOT REQUIREMENTS D Within 10 mliles of City Hall {Apex Distance = '•?+ D >10 000 sq ft lot IAppx sq footage = / /CIG ,rj ) Public transit nearby Y % NO ➢ Enclosed 4 Sol e / NO or Wait YES / (Within 8 ft? Si NO) D Lockable Gate NO D Alarmed = VEST T Security Cameras NO Suffkient Lighting q/' D Drainage ,/' > Secured Evidence Storage > Paved Examination Area 1% D Samples of drivers licenses for employees who will be working in NC. Conduct survey of 10 employees or 10% of employees, whI chever is greater. COMMENTS: I 0 4 SIlilD4 i t//irG/i� C4PPS AO �7" a 1 *s L/er,v S; ' Tier 217 of 616 NCPD CITY OF NATIONAL CITY TOW RFP SITE VISIT PROSPECTIVE CONTRACTOR: Q1/4tL 77' DATE(TiME: f" E2.`1 i s 0 L LI BUSINESS LICENSE + • ➢ Current in Jurisdiction % 24 HOUR PHONE CONTACT > Pager / cell / office staff / answering service 24 HOUR OFFICE STAFF FOR RELEASE �( ➢ Office at yard (Open minimally 0800-1800) Slier/ $A S"•. SP— X ➢ Access to vehicle by R/O 24 hours y FEE SCHEDULE POSTED IN OFFICE ACCEPT CREDIT CARD AND CASH > Cash on hand for change PRQCEDURE IN PLACE TO POST RECONCIIJATION YES kS, fri4A4 Dry over INVOIdS4TIEMIZED WITH ALL CHARGES TOW TR'I�.I` C REQUIREMENTS . ittiC . - Ora S , t D Rollback -3 Basic = YES / NO Medium = YES / NO Heavy = YES / NO D Wheel Lift 3 Basic N. YES / NO Medium = YES / NO Heavy = YES / NO > One sub-garage•vehicie YES / NO > Off -road Capable Truck YES / NO TRUCK EQUIPMENT +1 ➢ Two Way Radio ➢ 8000 lbs capacity. . ➢ Dollies on each vehide j+1 /iG ) Completed CHP Inspection Certificate for each vehicle (workingwithin NC) signed and dated prior to June 211', 2016 LOT REQUIREMENTS > Within 10 miles of City Hall (Appx Distance = ) • >10,000 sq ft lot (Appx sq footage = .. , , ) • > Public transit nearby YES / NO D Enclosed ! Solid Fence Vgy NO or WailNO (Within 8 ft? 1114 NO) ➢ Lockable Gate 1r* NO • D Alarmed = YES ltrf Security Cameras / NO ' ` f to"" D I►) Y Sufficient Lighting jog ^- 9 Drainage 9 Secured Evidence Storage /) 00J %t (611.1 )6. ) Paved Examination Area D Samples of drivers licenses for employees who will be working In NC. Conduct survey of 10 employees _ or 1055 of employees, whichever is greater.. _• COMMENTS: A04 I4 JE horoil 7 4N 5 rrec Y 218 of 616 CITY OF NATIONAL CITY TOW RFP SITE VISIT PROSPECTIVE CONTRACTOR: Te"3"V BUSINESS LICENSE D Current In jurisdiction 3' 24HOUR PHONE CONTACT D Pager / cell / office staff / answering service 24 HOUR OFFICE STAFF FOR RELEASE Office at yard (Open minimally 0800-1E00) ace D Acaess to vehlde by R/0 24 hours FEE SCHEDULE POSTED IN OFFICE ACCEPT CREDIT CARD AND CASH P. Cash on hand for change PROCEDURE IN PLACE TO POST RECONCILIATION 4 jJ t' INVOICES ITEMIZED WITH ALL CHARGES TOW TRUCK REQUIREMENTS ➢ Rollback 4 Baslc = YES NO Medium N0 Heavy 4514, .... }C. P. Wheel Lift 4 Basic k'1 ?/ NO Medium s / NO Heavy Aitlig NO I` D One sub -garage vehlde YES / NO 414 D Off -road Capable Truck YES / NO 7 TRUCK EQUIPMENT z( D Two Way Radio D 8000 Ibs capacityi D `Dollies on each vehlde D Completed CHP inspection Cert flcate for each vehlde (working within NC) signed and dated prior to June 214, 2016 LOT REQUIREMENTS D Within 10 miles of City Hall (Appx Distance• ➢ )100000 sq ft lot (Appx sq footage =.j D Publictransit nearby YES/ NO D Enclosed 4 Solid Fencaed) / NO or Wall YES / (Within 8 ft? af NO) D Lockable Gate.dPNQ D Alarmed • YES / Security Cameras / NO > Suffident Lighting 3� ) Drainage > Secured Eviidence Storage ,tJ 60 .3 D Paved Examination Area A Samples of drivers licenses for employees who will be working In NC. Conduct survey of 10 employees or 10% of employees, whichever Is greater. COMMENTS: C/ 24.1/ _ Et/L4 s .( CV Alec -6,44 4 _ Cdts. 'T DATE/TIME:7 / 4 219 of 616 CITY OF NATIONAL =" " �' - .;.- p�"�r—` - -- - - �►_-ems., TOW RFP SITE VISIT PROSPECTIVE CONTRACTOR A Crel-0 S DATE/TINIE: 717 _ I BUSINESS LICENSE • Current in jurisdiction 24 HOUR PHONE CONTACT - Pager / cell / office staff / answering service 24 HOUR OFFICE STAFF FOR RELEASE > Office at yard (Open minimally0800-1800) • Access to vehicle by R/0 24 hours 'j( FEE SCHEDULE POSTED IN OFFICE7 ACCEPT CREDIT CARD AND CASH. s > Cash on hand for change PROCEDURE IN PLACE TO POST RECONCILIATION &NO le INVOICES 'ITEMIZED WITH ALL CHARGES TOW TRUCK REQU1REMMIENTS • > Rollback 4 Basic = INO Medium =tNO Heavy = i NO • ' > Wheel Lift 4 Basic = / NO Medium / NO Heavy 04E0/ NO i One sub -garage vehicle / NO A Off -road Capable Truck / NO TRUCK EQIUIPMENT Two Way Radio Y 8000 lbs. capacity r Doilies on each vehicle 9 Completed Ct1P inspection Certificate for each vehicle (working within NC) signet) and dated prior to June 21g, 2015 LOT REQUIREMENTS i Within 10 miles of City Hall (Appx Distance > >10,000 so ft lot (Appx sq footage • A Public transit nearby YES N0 • Enclosed 4 Solid Fence i/ NO or Wail. NO (Within 8 ft? sa, NO) • Y Lockable G YES / NO * P Alarmed (g/ NO Security Cameras ' / N0 A• Sufficient Lighting X > Drainage > Secured Evidence Storage p0 40 at ray Cr `T-O ,X7/ V • Paved Examination Area ➢ Samples of drivers Ikenses for employees who will be working in NC. Conduct survey of 10 employees or 10% of employees, whichever is greater. , j COMMENTS: (-t q 4. j4 220 of 616 MOlif.tR! 44m - 6 pril (LOW ULU M40/-5880, 222 of 616 El: 224 of 616 ---92111M ' illili�►' N 226 of 616 (.9 0 Cr) C \ COWSOB, 19 1110 CD 0 N c) N 1 peer W �I .fir ,err, ,7“ • } r �4 91-9 Jo EC ro TOWtNG Road $ide Assistaxe afid Sbrai.lc 24in La= N, 234 of 616 AGREEMENT BY AND BETWEEN CITY OF NATIONAL CITY AND A TO Z ENTERPRISES, INC., DBA ROADONE FOR TOWING AND IMPOUND SERVICES October 1, 2016 — September 2018 237 of 616 TABLE OF CONTENTS Title & Section Page Number Agreement for Towing and Impound Services 1 Recitals 1 1.0 DEFINITION OF TERMS 1.1 Police Tow .... 2 1.2 Police Referral Tow 2 1.3 On Demand Tow 2 1.4 Secondary Tow 2 1.5 Collision Tow 2 1.6 Response Time 2 1.7 Dispatch Center 3 1.8 Contract Year 3 1.9 Fee Schedule 3 1.10 Towing Program Fee 3 1.11 Negligent Vehicle Impound Release Fee 3 1.12 S.T.O.P. Fee 3 1.13 30 Day Impound Fee 3 2.0 ADMINISTRATION AND MANAGEMENT OF AGREEMENT 2.1 Agreement Approval 4 2.2 Entire Agreement 4 2.3 Administration of Agreement 4 2.4 Cooperation and Consultation 5 2.5 Compliance with Applicable Law 5 2.6 Licenses, Permits, Etc. 5 2.7 Disputes 5 2.8 Mediation / Arbitration 6 Contract for Towing & Impound Services Oct 1, 2016 — Sept 30, 2018 238 of 616 City of National City and A to Z Enterprises, Inc.,. DBA RoadOne 2.9 Legal Fees 6 2.10 Indemnification and Hold Harmless 6 2.11 Business Records (10650 CVC et seg.) 7 2.12 Prohibition Against Use of Privileged Information 7 2.13 Independent Contractor .... 7 2.14 Assignment 8 2.15 Workers' Compensation 8 2.16 Non -Discrimination Provision 8 2.17 Conflict of Interest and Political Reform Act Obligations 8 2.18 Termination of Agreement 9 2.19 Charges and Fees 10 2.20 Inspection 10 2.21 Notice of Tennination 10 3.0 TERMS OF AGREEMENT, OPTIONS, RENEW AND RE -OPENERS 3.1 Duration 11 3.2 Relevant Dates ... 11 3.3 Option to Renew .. 11 3.4 Re -Opener Clause — Towing Program Fee 12 3.5 Re -Opener Clause - Fee Schedule 12 3.6 Re -Opener Clause - 30 Day Impound Fee (S.T.O.P.) .. 12 4.0 RESPONSE TIME, EXCEPTIONS AND PENALTY ASSESSMENT 4.1 Response Time .. 12 4.2 Response Time Computation ... 13 4.3 Response Time - Penalty .. 13 4.4 Response Time - Penalty Assessment ... 13 5.0 ON -CALL CONTRACTOR AND CONTRACTOR ROTATION SCHEDULE 5.1 Contractor On -Call & Rotation ... 13 Contract for Towing & Impound Services Oct 1, 2016 — Sept 30, 2018 ii 239 of 616 City of National City and A to Z Enterprises, Inc., DBA RoadOne 6.0 GENERAL DUTIES, REQUIREMENTS AND OBLIGATIONS 6.1 Business License .. 14 6.2 Contractor Availability - Response to Service Requests 14 6.3 Contractor Towing Forfeited Vehicles ... 15 6.4 Contractor Availability - Vehicle Release 15 6.5 Business Office 15 6.6 Business Office Hours 15 6.7 Contractor's Employees 15 6.8 Signs . 16 6.9 Method of Payment - Towing or Storage Charges (22651.1 CVC) 17 6.10 Storage of Vehicles; City, Seized 17 6.11 Removal from Private Property 17 6.12 Notice to City - Private Property Impounds 17 6.13 Gratuities (12110 CVC) 18 6.14 Tow Truck Driver - On Scene Duties 18 6.15 Access to Stored Vehicles 19 6.16 Access to Stored Vehicle - Removal of Private Property 19 6.17 Access to Evidentiary Vehicles ... 19 6.18 Invoices ... 19 6.19 Vehicle Impound Control Card (PD form 250) 19 6.20 Proceeds from Lien Sale 20 7.0 FEES 7.1 Fee Schedule ... 20 7.2 Secondary Tow Fees 21 7.3 City Vehicle Tow Fees 21 7.4 Fees - Police Department Errors and Omissions .. 21 7.5 Towing Program Fee 22 Contract for Towing & Impound Services Oct 1, 2016 — Sept 30, 2018 240 of 616 City of National City and A to Z Enterprises, Inc., DBA RoadOne 7.6 Towing Program Fee - Due Date 22 7.7 Towing Program Fee - Late Fee ... 22 7.8 Towing Program Fee - Payments .. 23 7.9 Negligent Vehicle Impound Release (NVIR) Fee 23 7.10 NVIR Fee 23 7.11 NVIR Fee - Payment Due Date 23 7.12 NVIR Fee - Payments .. 24 7.13 NVIR Payment - Late Fee 24 7.14 Serious Traffic Offender Program (STOP) Impound Fee 24 7.15 S.T.O.P. Impound Fees - Due Date 24 7.16 S.T.O.P. Fee — Payment 25 7.17 S.T.O.P. Fee - Late Fee 25 7.18 S.T.O.P.; 30-Day Vehicle Impound Fees 25 7.19 30-Day Impound Fees - Due Date and Payment ... 25 8.0 VEHICLE RELEASE 8.1 General Rule - Vehicle Release .... 26 8.2 Exceptions to General Rule 26 8.3 Hit & Run Investigations - Mandatory Release (22655(b) CVC) 26 8.4 Questions, Problems, or Controversy Associated with Vehicle Release 26 8.5 Expert Training - DMV Document Identification 26 9.0 MINIMUM TRUCK EQUIPMENT AND STORAGE LOT REQUIREMENTS 9.1 Minimum Tow Truck Requirements 27 9.2 Minimum Tow Truck Equipment Requirements .. 27 9.3 Tow Truck Identification 28 9.4 Tow Truck Lighting Equipment 28 9.5 California Highway Patrol Inspection Certification ... 28 Contract for Towing & Impound Services Oct 1, 2016 — Sept 30, 2018 iv 241 of 616 City of National City and A to Z Enterprises, Inc., DBA RoadOne 9.6 Tow Truck Maintenance 29 9.7 Storage Lot, Minimum Requirements 29 9.8 Minimum Lighting Requirements - Storage Lot .... 30 9.9 Vehicle Examination Area ... 30 9.10 Secure Area - Evidentiary Vehicles 30 9.11 Special Operations 30 10.0 INSURANCE REQUIREMENTS 10.1 Minimum Insurance Requirements 31 10.2 Primary Insurance 32 10.3 Claims Made vs. Occurrence Form 32 10.4 Aggregate Insurance Limits 32 10.5 Insurance Company 32 10.6 Insurance Certification Requirement 32 10.7 Insurance Requirement - Extension Option 32 10.8 Limitations of Liabilities and Obligations 33 10.9 Sub -Contractor Insurance Requirement 33 11.0 CONSTRUCTION Of AGREEMENT 33 ATTACHMENT A Towing Fee Schedule .. 35 ATTACHMENT B NVIR Fee - Applicable CVC & NCMC Sections .. 35 ATTACHMENT C S.T.O.P. Fee - Applicable CVC Sections 39 Contract for Towing & Impound Services Oct 1, 2016 — Sept 30, 2018 v 242 of 616 City of National City and A to Z Enterprises, Inc., DBA RoadOne AGREEMENT FOR TOWING AND IMPOUND SERVICES BETWEEN THE CITY OF NATIONAL CITY AND A TO Z ENTERPRISES, INC., DBA ROADONE This Agreement for Towing and Impound Services ("Agreement") is made and entered into in the City of National City, State of California, on this day of August, in the year 2016, by and between the City of National City, a municipal corporation ("City"), and A to Z Enterprises, Inc., D.B.A. RoadOne ("Contractor") for towing and impound services. RECITALS Whereas, the City of National City requires professional towing and impound services to maintain the safety of the public right-of-way and to seize and secure vehicles in accordance with the laws of the State of California and the National City Municipal Code, ordinances and regulations of the City of National City; and Whereas, the City has adopted a process for the selection and designation of professional towing contractors to provide towing, impound and storage service upon the request of the National City Police Department; and Whereas, on May 19, 2016, a Request for Proposal ("RFP") was issued for towing and impound services for the City, to which Contractor responded; and Whereas, the tow committee comprised of City staff evaluated the proposals and presented their report to Council for consideration at the September 6, 2016 City Council meeting; Whereas, the staff report detailed the evaluation process, explained the evaluations of the proposals, including whether the proposals met the RFP requirements, and recommended awarding contracts to the top two operators; and Whereas, Contractor, participated in a competitive process through the RFP, and together with another towing contractor has been found to provide the best overall value to the City, including having the best qualifications and capability of providing the highest quality, professional towing services for the City of National City; and Whereas, the City of National City desires to have two towing and impound operators perform exclusive towing service within the City of National City and Contractor represents and warrants it is experienced and staffed in a manner such that it is capable and prepared to deliver the services required by the City of National City within the time frames herein provided, all in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, the City of National City and Contractor mutually agree to the terms and conditions as follows: Contract for Towing & Impound Services Oct 1, 2016— Sept 30, 2018 1 243 of 616 City of National City and A to Z Enterprises, Inc.,. DBA RoadOne 1.0 DEFINITION OF TERMS 1.1 Police Tow shall mean the towing of vehicles at the direction of the National City Police Department where the consent of the owner or operator or their agent of the vehicle is not required under existing law. This shall include but is not limited to the towing of motor vehicles that are illegally parked, abandoned, evidence in a criminal investigation, disabled due to collision or mechanical failure (pursuant to Section 22500 of the Vehicle Code) or otherwise subject to the authority of the National City Police Department. 1.2 Police Referral Tow shall mean the towing of a vehicle by the National City Police Department at the request of the vehicle owner, operator, or their agent. Examples include mechanically disabled vehicles, vehicles disabled as a result of collision, or any other circumstances where the public right-of-way is impacted. 1.3 On -Demand Tow means the towing of a vehicle by a towing company that has been requested by the vehicle owner, operator, or their agent, without police involvement. On -Demand tows may include owners or agents of private property landholders who arrange for vehicle towing service from private property without police involvement. If the police department becomes involved in arranging for tow service, the matter is considered a "Police Referral Tow". On -Demand Tows are considered independent services outside the scope of this Agreement. 1.4 Secondary Tow is defined as the impound of a vehicle on orders of police under the authority of California Vehicle Code Sections 22655 or 22655.5 and the vehicle is brought to the National City Police Department for evidence processing. The secondary tow occurs when the police direct the original Contractor to retrieve and store the vehicle on Contractor's property. 1.5 Collision Tow The owner or operator of a vehicle involved in a non -criminal traffic collision may select a tow company of their own choosing. However, if in the opinion of the investigating police officer an unreasonable delay would result, or unnecessary delay would negatively impact access to the public right-of-way, the investigating officer may consider the matter a "Police Tow" and cause the removal of the vehicle. If the vehicle is towed on orders of the investigating officer, the officer shall complete the Vehicle Report (CHP 180), citing 22500 California Vehicle Code as the authority for impound. No special hold or police authorized release is necessary. 1.6 Response Time is defined as the elapsed time between the relaying of the tow service request by the National City Dispatch Center or a City Employee to the Contractor and the arrival of the specific tow truck type requested to fulfill the tow need on scene. Under most situations, a call for field service will be relayed by the Police dispatchers via telephone to the tow contractors. However, there is a need to allow for direct requests to the tow contractor by any NCPD employee. This may be done by phone or in person to either the Contractor's dispatcher or to a tow truck driver that is already on the scene of an NCPD requested tow, when there is a need for additional services. Contract for Towing & Impound Services Oct 1, 2016 — Sept 30, 2018 244 of 616 City of National City and A to Z Enterprises, Inc., DBA RoadOne 1.7 Dispatch Center is the Police Department's multifunction emergency and non - emergency telephone/radio operators. 1.8 Contract Year is defined as any one year, 365 day period during the term of this Agreement. The first contract year begins on October 1, 2016 and ends on September 30, 2017. The second contract year begins on October 1, 2017 and ends on September 30, 2018. There are two (2) successive years in this Agreement. 1.9 Fee Schedule is defined as the fees charged by Contractor to the owner, operator, or agent of the subject vehicle for various services charged by Contractor. The fee schedule is approved and authorized by a majority vote of the City of National City, City Council. The fee schedule includes itemized charges for numerous towing and storage services including but not limited to hook up fees, dolly fees, daily storage fees, after - hour release fees, etc. The Fee Schedule is Attachment A to this document. Attachment A and the fees may be adjusted as set forth in Section 7.0. 1.10 Towing Program Fee is a fee from Contractor to City and is authorized by California Vehicle Code Section 12110(b). It is defined as a quarterly fee charged to Contractor(s) by the City in connection with the award of a franchise for the towing services for the City. The Towing Program Fee is designed to compensate the City for its actual and reasonable costs incurred by the City to process and administer towing services. The Towing Program Fee may be adjusted during the term of this Agreement as set forth in Section 3.4 of this Agreement. The payment of the Towing Program Fee is set forth in Sections 7.5, 7.6, 7.7, and 7.8. 1.11 Negligent Vehicle Impound Release Fee ("NVIR") is authorized by the City Council. The Negligent Vehicle Impound Release Fee is defined as a fee charged to the owner, operator, or agent of a vehicle that violated certain specified sections of the California Vehicle Code or National City Municipal Code. The NVIR fee is one hundred twenty-four ($124) dollars. The NVIR fee may be adjusted during the term of the agreement as set forth in Section 7.0 of this Agreement. This fee is collected by Contractor on behalf of City. 1.12 S.T.O.P Fee The Serious Traffic Offender Program ("S.T.O.P.") is authorized by City resolution and under the authority of California Vehicle Code Section 22850.5. It focuses on unlicensed drivers and provides for a 30-day impound of vehicles. The fee is one hundred fifty ($150) dollars. The fee off -sets the administrative costs of the program. This fee is charged to the vehicle owner, operator or agent and is collected by Contractor on behalf of City. The S.T.O.P. fee may be adjusted during the term of this Agreement as set forth in Section 7.0. 1.13 30-Day Impound Fee is defined as a percentage fee paid to City by Contractor, when a S.T.O.P. vehicle is held for 30 day storage. This fee is not applicable when the City releases a vehicle prior to the full 30 day period. Nothing in this section is intended to prevent or preclude the early release of a 30 day hold S.T.O.P. vehicle if extraordinary circumstances warrant. The 30-Day Impound Fee will remain at 15% of the amount collected for storage on released vehicles. Contract for Towing & Impound Services City of National City and Oct 1, 2016— Sept 30, 2018 245 of 616 A to Z Enterprises, Inc., DBA RoadOne 2.0 ADMINISTRATION AND MANAGEMENT OF AGREEMENT 2.1 Agreement Approval This Agreement for towing service shall become effective when the City Council of the City of National City has reviewed and approved the Agreement and it has been fully executed by Contractor. 2.2 Entire Agreement This Agreement supersedes any prior agreements, documents, negotiations and communications, oral or written, and contains the entire Agreement between the parties as to towing and impound services. 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. 2.3 Administration of Agreement Each party designates the below individuals as the "Contract Administrator" for the party. The Contract Administrator is authorized by the party to represent the party in the administration of this agreement. The Contract Administrator shall monitor the progress and execution of this Agreement. The Contract Administrator may delegate duties and responsibilities to subordinates to insure functional management, supervision and operation of this Agreement. Contract Administrator for the City of National City Manuel Rodriguez, Chief of Police National City Police Department 1200 National City Blvd., National City, CA. 91950 (619) 336-4511 Management and Operations Traffic Division Sergeant National City Police Department 1200 National City Blvd., National City, CA 91950 (619) 336-4400 Inspection & Operational Supervision Traffic Division Sergeant National City Police Department 1200 National City Blvd., National City, CA 91950 (619) 336-4420 Contract for Towing & Impound Services Oct 1, 2016 — Sept 30, 2018 4 246 of 616 City of National City and A to Z Enterprises, Inc., DBA RoadOne Contract Administrator for A to Z Enterprises, Inc. DBA RoadOne Brad Ramsey Chesapeake Dr., Suite 240 San Diego, CA 92123 2.4 Cooperation and Consultation The designated City employee(s) and Contractor shall regularly consult during the term of this Agreement in order to achieve the objectives of this Agreement. Throughout the term of this Agreement, Contractor shall permit access to its offices, facilities, files and records relating to the operation and management of this agreement. Upon request of the City, the Contractor shall provide copies of files, materials or records relating to the towing, impound, and disposition of any vehicle towed as a result of this agreement. 2.5 Compliance with Applicable Law The Contractor in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. 2.6 Licenses, Permits, Etc. Contractor represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession, and as required in the City's Request for Proposal for this Agreement. The Contractor represents and covenants that the Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this agreement, any license, permit, insurance or approval which is legally required for the Contractor to practice its profession. 2.7 Disputes Except as otherwise provided in this agreement, any dispute concerning a question of fact arising under any term of this Agreement which is not disposed of by this Agreement shall be decided by the Chief of Police who will furnish the decision to the Contractor in writing. Contractor shall proceed diligently with performance of this Agreement pending receipt of the decision of the Chief of Police. The decision of the Chief of Police is final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, arbitrary, capricious or so grossly erroneous as to necessarily imply bad faith. The "Disputes" clause does not and is not intended to preclude consideration of legal questions in connection with decisions provided in the above paragraph. Nothing in this Agreement shall be construed as making final the decision of any administrative official, representative, or council on a question of law. Contract for Towing & Impound Services Oct 1, 2016 — Sept 30, 2018 _5 247 of 616 City of National City and A to Z Enterprises, Inc., DBA RoadOne 2.8 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 County, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The cost of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego County, 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 cost 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. 2.9 Legal Fees If any party brings a suit or action against the other party arising from any alleged 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 from the other party all costs and expenses of suit, including expert and attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorneys' 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. Attorneys' fees to the prevailing party, if other than the City, shall not exceed the amount of attorneys' fees incurred by the City in its prosecution or defense of the action, irrespective of the actual amount of attorneys' fees incurred by the prevailing party. 2.10 Indemnification and Hold Harmless The Contractor agrees to indemnify, defend, and hold harmless the City of National City, its officers, employees, agents, and volunteers against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, defense costs or reasonable attorneys' fees, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, in any way resulting from, related to, or arising out of the Contractor's performance or other obligations under this Agreement. The City will cooperate reasonably in the defense of any action, and Contractor shall employ competent counsel, reasonably acceptable to the City Attorney. The indemnity, defense and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term on this Agreement. Contract for Towing & Impound Services Oct 1, 2016 — Sept 30, 2018 6 248 of 616 City of National City and A to Z Enterprises, Inc., DBA RoadOne 2.11 Business Records (10650 CVC et seq.) Contractor shall maintain and retain data and records of all tow services furnished, including description of vehicles, nature of service, date, time of notification by City, time of tow truck dispatch, time of arrival of tow truck at scene, location of calls, total itemized charges of towing and storage, and the description of all vehicles towed and/or stored at the initiation of the City. If the vehicle is sold at lien sale, data shall be maintained documenting all liens against the vehicle, monies received as a result of the sale, identification of the purchaser, and the amount of monies forwarded to City and state. All such data and original towing and storage records shall be maintained in an accessible location. The Contractor shall make available and permit the City without notice during normal business hours to audit, examine and make excerpts, copies, or transcripts of all data and records with respect to the towing and storage of vehicles initiated by the City. If Contractor employs, assigns or contracts with a third -party vendor to manage or process the DMV required processing regarding lien sale vehicles, Contractor shall make available all relevant records, data or documents regarding lien sales. Contractor shall waive any privacy rights in order to permit City to inspect, review and copy any relevant record in possession of a third -party vendor. 2.12 Prohibition Against Use of Privileged Information Contractor shall not use for personal gain, transmit, or disclose any privileged or confidential information that is acquired from or obtained as a result of information gathered from the management or operation of this Agreement. For the purpose of this section, "Privileged or Confidential Information" shall include City or police department records unrelated to towing and storage of vehicles, DMV information, or Criminal History information. 2.13 Independent Contractor Contractor shall for all purposes arising out of this Agreement, be an independent contractor. Contractor and employees of Contractor shall not be deemed employees or agents of City. It is expressly understood and agreed that the Contractor and its employees shall in no event, as a result of this Agreement, be entitled to any benefit to which City employees are entitled, including but not limited to overtime, retirement benefits, workers' compensation benefits, injury leave, medical leave, unemployment or any other leave benefits. Neither the City nor its officers, agents or employees shall have any control over the conduct of the Contractor or any of the Contractor's employees except as herein set forth, and the Contractor expressly agrees not to represent that the Contractor or the Contractor's agents, servants, or employees are in any manner agents, servants, and employees of the City, it being understood that the Contractor, its agents, servants, and employees are as to the City wholly independent contractors and that the Contractor's obligations to the City are solely such as are prescribed by this Agreement. Contract for Towing & Impound Services Oct 1, 2016 — Sept 30, 2018 7 249 of 616 City of National City and A to Z Enterprises, Inc., DBA RoadOne 2.14 Assignment This Agreement contemplates the personal services of the Contractor and the Contractor's employees, and it is recognized by the parties that a substantial inducement to the City for entering into this Agreement was, and is, the professional reputation and competence of the Contractor and its employees. Neither this Agreement nor any interest herein may be assigned by the Contractor without the prior written consent of the City. Nothing herein contained is intended to prevent the Contractor from employing or hiring as many employees as the Contractor may deem necessary for the proper and efficient performance of this Agreement. Contractor has represented it has sufficient staffing to perform pursuant to this Agreement. Contractor agrees it shall not subcontract any towing or impound services. Any other type of work that is subcontracted shall require written consent of the City. All agreements by Contractor with its subcontractor(s) shall require the subcontractor(s) to adhere to the applicable terms of this Agreement. 2.15 Workers' Compensation The Contractor shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar State or Federal acts or laws applicable; and shall indemnify, defend and hold harmless the City and its officers, employees and volunteers from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorneys' fees and defense costs presented, brought or recovered against the City or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the Contractor under this Agreement. 2.16 Non -Discrimination Provision The Contractor will not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The Contractor will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the City setting forth the provisions of this non-discrimination clause. 2.17 Conflict of Interest and Political Reform Act Obligations During the term of this Agreement, the Contractor shall not perform services of any kind for any person or entity whose interest's conflict in any way with those of the City of National City. The Contractor also agrees not to specify any product, treatment, process Contract for Towing & Impound Services Oct 1, 2016 — Sept 30, 2018 8 250 of 616 City of National City and A to Z Enterprises, Inc., DBA RoadOne or material for the project in which the Contractor has a material financial interest, either direct or indirect, without first notifying the City of that fact. The Contractor shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The Contractor shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Contractor has a direct or indirect financial interest as defined in Government Code Section 87103. The Contractor represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the City. Contractor further warrants and represents that Contractor will immediately advise the City Attorney if Contractor learns of an economic interest of Contractor's that may result in a conflict of interest for the purposes of the Political Reform Act, and regulations promulgated thereunder. The Contractor shall be strictly liable to the City for all damages, costs or expenses the City may suffer by virtue of any violation of this section by the Contractor. 2.18 Termination of Agreement A. This Agreement may be terminated with or without cause by the City. Termination without cause shall be effective only upon 60-day's written notice to the Contractor. During said 60-day period the Contractor shall perform all services in accordance with this Agreement. B. This Agreement may be terminated immediately by the City for cause in the event of a material breach of this Agreement, misrepresentation by the Contractor in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the City. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the Contractor as provided for in Section 2.21. D. In the event of termination, all finished or unfinished memoranda, reports, plans, specifications and other documents prepared by the Contractor, whether paper or electronic, shall immediately become the property of and be delivered to the City, and the Contractor shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the City by the Contractor's breach, if any. E. The City further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the Contractor; (2) a reorganization of the Contractor for the benefit of creditors; or (3) a business reorganization or change in business status of the Contractor. F. If Contractor is terminated during the period of performance for any of the reasons stated above or is no longer able to perform for any reason, then the City may unilaterally select another tow operator to replace the terminated or no longer performing Contractor. The selection of such other tow operator, and whether to select another tow operator, shall be at the sole discretion of the City. In the event another tow operator is Contract for Towing & Impound Services Oct 1, 2016 — Sept 30, 2018 9 251 of 616 City of National City and A to Z Enterprises, Inc., DBA RoadOne selected by the City per this Section, that other tow operator will be required to comply with the same terms of this Agreement or its amendments, including the accepted and adopted fee rate schedule. 2.19 Charges and Fees Contractor is authorized and responsible for the collection of all applicable towing and storage charges, and any fee authorized or required by City to defray costs to City for the management and operation of this agreement, prior to releasing a vehicle. 2.20 Inspection City shall require no less than an annual inspection of Contractor and its facilities to insure conformance and compliance with the provisions of the California Vehicle Code and this agreement. Responsibility for said inspection rests with the National City Police Department Traffic Division Sergeant and/or their designee. Said inspections shall be conducted during normal business hours but may be conducted without prior, advanced notice. Upon completion of inspection, the Traffic Division Sergeant shall submit a written report to the Contract Administrators and/or City staff. 2.21 Notice of Termination 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 of 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 telex, telecopy, facsimile or fax, when sent. Any notices, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CITY: Manuel Rodriguez, Chief of Police National City Police Department 1200 National City Blvd National City, CA. 91950 Contract for Towing & Impound Services Oct 1, 2016 — Sept 30, 2018 10 252 of 616 City of National City and A to Z Enterprises, Inc., DBA RoadOne To the CONTRACTOR: Brad Ramsey A to Z Enterprises, Inc. DBA RoadOne Chesapeake Dr., Suite 240 San Diego, CA 92123 3.0 TERM OF AGREEMENT, OPTIONS, AND RE -OPENERS 3.1 Duration The duration of this Agreement shall be for two (2) years with options for extension. 3.2 Relevant Dates This Agreement begins at 0001 hours on October 1, 2016, and terminates at 2400 hours on September 30, 2018. 3.3 Option to Renew The City of National City reserves the option to renew the Agreement up to three (3) successive one (1) year periods under the terms and conditions herein stated, beginning on the anniversary of the commencement of service, including any amendments. The renewal option is at the discretion of the City's Contract Administrator. The renewal is contingent on a mutual agreement between the City and the Contractor, with such agreement to be confirmed by the Contract Administrator within sixty (60) days prior to the expiration of the contract period. The City of National City or the Contractor may decline to confirm the renewal of the Agreement for any reason whatsoever, which shall render the renewal option null and void. The City's initial letter informing the Contractor of the City's interest in exercising its option to renew the contract does not constitute an award of the option period. Any option acceptance must be confirmed by the City of National City in writing, before it becomes valid. The City will not grant an option if the Contractor requests an increase which exceeds the average percentage variant for the previous twelve (12) months in the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) for the National City area, as published by the Bureau of Labor Statistics, or five percent (5%) whichever is less. If a price increase is requested, the Contractor must provide detailed supporting documentation to justify the requested increase. The City will evaluate the requested increase, which the City reserves the right to accept or reject the requested increase. 3.4 Re -Opener Clause - Towing Program Fee After the first twelve consecutive month period of this Agreement, City may review all tow data to determine the actual number of Police and Referral Tows in the preceding Contract for Towing & Impound Services Oct 1, 2016 — Sept 30, 2018 11 253of616 City of National City and A to Z Enterprises, Inc., DBA RoadOne twelve-month period and to determine whether the Towing Program Fee warrants adjustment. The Towing Program Fees may be adjusted up or down, as determined by City, based upon the actual and reasonable costs incurred by the City to process and administer towing and impound services, which may include, but is not limited to, review of the number of vehicles referred to the Contractor and review of increased costs. If appropriate, City shall consider implementing a per vehicle towing program fee to offset costs incurred by the police department in processing and administering towing services. City may also compare and consider towing program fees charged by other law enforcement jurisdictions in San Diego County for towing services. 3.5 Re -Opener Clause - Fee Schedule After the first twelve consecutive month period of this Agreement, the Contractor may submit to the Chief of Police a request for an increase to the fee schedule set forth in Attachment A, seeking to adjust the fees consistent with the community standard for police towing in San Diego County. The request shall include a comparison of relevant fees in each law enforcement jurisdiction in San Diego County. City shall assist and consult with Contractor to provide Contractor with accurate data. The Chief of Police shall make appropriate comments, recommendations and submit the material for City Council consideration. 3.6 Re -Opener Clause - 30-Day Impound Fee (S.T.O.P.) After the first twelve consecutive month period of this Agreement, City may review all tow data to determine the actual number of S.T.O.P. vehicles held for a 30 day period versus the number of S.T.O.P. vehicles not held for the 30 day period, in the preceding twelve month period, and to determine whether an adjustment is warranted for the 30- Day Impound Fee. The percentage 30-day impound fee may be adjusted up or down based upon the data. 4.0 RESPONSE TIME, EXCEPTIONS AND PENALTY ASSESSMENT 4.1 Response Time Response time is defined as the elapsed time between the relaying of the tow service request by the Dispatch Center or a City Employee to the Contractor and the arrival of the specific tow truck type requested to fulfill the tow need on scene. (For example: NCPD Dispatch phones in a request for a low profile truck to tow an evidence hold vehicle to the underground parking lot of NCPD. The response of a NON low profile tow truck which cannot accommodate towing the vehicle into the underground parking lot of NCPD does not qualify as fulfilling the Response Time requirement.) The Response Time for Towing Service shall not exceed twenty (20) minutes for tows inside the jurisdictional limits of City. Due to the limited number of out of City of National City jurisdiction towing service requests, response times shall be evaluated on an individual basis for towing service requests outside of the jurisdictional limits of City. Complaints or irregularities involving Contract for Towing & Impound Services Oct 1, 2016 — Sept 30, 2018 12 254 of 616 City of National City and A to Z Enterprises, Inc., DBA RoadOne out of jurisdiction towing requests shall be managed between the Contract Administrators. The Contractor is expected to dispatch immediately any available tow truck that will fulfill the tow need on scene upon receipt of a towing request. The Contractor is expected to notify the National City Police Dispatch Center when the response time requirement cannot be met. The Police Dispatcher or the officer at the scene will have the discretion to cancel the tow if the response time cannot or is not met and re -dispatch to a Secondary tow Contractor, at no cost to City. "Secondary tow contractor" refers to the next tow company in rotation. 4.2 Response Time Computation Response time is computed from the time the police dispatcher enters the request for a tow into the dispatch CAD system and the Contractor arrives on scene. The on -scene investigating officer shall notify dispatch of the tow truck arrival. The police department computer aided dispatch system shall be the final resolution of any actual time dispute regarding response times. Any failure to record relevant times by the on -duty dispatcher shall not be considered in any penalty assessment. 4.3 Response Time - Penalty Failure to arrive at the requested location within the prescribed response time may result in cancellation of the service request. The secondary tow contractor may be notified. 4.4 Response Time - Penalty Assessment Contractor shall pay a five hundred dollar ($500.00) penalty if more than five percent (5%) of the tows in any calendar month period exceed the maximum response time requirement. This is calculated based on individual tow per any single request by the City for towing services and not average response times. Failure to meet Response Time requirements may result in termination of this Agreement. 5.0 ON -CALL CONTRACTOR AND CONTRACTOR ROTATION SCHEDULE 5.1 Contractor On -Call & Rotation The Contractor on -call rotation shall run, for two contractors - from 0001 hours on the first day of the month to midnight on the 15th day of the month for one contractor and from 0001 hours on the 15th day of the month to midnight on the last day of the month. The Traffic Division Sergeant will do the selection for the on -call rotation at the beginning of each contract year. The Traffic Division Sergeant will select the Contractor rotation by an impartial means agreeable to contractors involved. Should all Contractors not meet an agreement as to means the Traffic Division Sergeant will make the selection, the means will be directed by the Chief of Police and the Chief's decision will be final. Contract for Towing & Impound Services Oct 1, 2016 — Sept 30, 2018 13 255 of 616 City of National City and A to Z Enterprises, Inc., DBA RoadOne Any Contractor selected as the first in the rotation schedule at the beginning of a contract year will begin the first day of the contract. It is understood that the number of contractors selected divided into the number of days per month may not result in each contractor having the same number of overall tow days per year. In the event this Contract is extended pursuant to section 3.3 Option for Renewal, the schedule will continue to rotate as reflected. 6.0 GENERAL DUTIES, REQUIREMENTS AND OBLIGATIONS 6.1 Business License Contractor shall at all times during the term of this Agreement retain a valid City Business License in compliance with National City Municipal Code Section 6.04 et seq. Contractor businesses and storage lots located within the jurisdictional limits of the City of National City must conform to all City of National City building ordinances, zoning regulations, land use requirements and must have the approval of the City Planning Department. Contractor businesses and storage lots located outside the jurisdictional limits of the City of National City must conform to all City (if located within an incorporated City) or County (if located within an unincorporated County area) building ordinances, zoning regulations, land use requirements within the jurisdiction of location. 6.2 Contractor Availability - Response to Service Requests Contractor shall be available to promptly respond twenty-four (24) hours a day, seven (7) days a week, including all holidays, consistent with the On -Call and Rotation Schedule, for all requests initiated by City for towing services. Upon award of Agreement, Contractors shall operate a dispatching system. The tow dispatching system shall be sufficiently staffed and equipped to accept all telephone calls, without delay, twenty-four (24) hours a day, seven (7) days a week. Delay is defined as the City or the public receiving no answer after six (6) rings or busy signal to their telephone call. Contractors using paging systems are required to respond to a page within five (5) minutes of the initial page by the City. The City does not currently have plans for adding automated tow dispatching to the existing NCPD dispatch system. Therefore, the City is not requiring any Contractor to purchase equipment to be used to integrate into an automated tow dispatching system. It will be up to the Contractor to ensure they are able to meet the response time requirements of the Contract by whatever means they deem appropriate. Since there are no current plans to add automated tow dispatching to the existing NCPD dispatch system there are no minimum requirements established for such a system upgrade at this time. Contract for Towing & Impound Services Oct 1, 2016 — Sept 30, 2018 14 256 of 616 City of National City and A to Z Enterprises, Inc., DBA RoadOne 6.3 Contractor Towing Forfeited Vehicles The Contractor shall tow all forfeited vehicles, as ordered by the City. The Contractor shall not drive the forfeited vehicles except to move them within the storage facility. Use of vehicles for personal use or other use not permitted herein is strictly prohibited, and constitutes a material breach of this Agreement. In the event it is found that a towed vehicle is subject to forfeiture, the City shall arrange for the vehicle to be picked up from the Contractor's storage facility and the Contractor shall invoice the National City Police Department for all towing and storage fees. 6.4 Contractor Availability - Vehicle Release Contractor shall be available to release vehicles to their owners, agents or authorized representatives, twenty-four (24) hours a day, seven (7) days a week, including all holidays. 6.5 Business Office Contractor shall maintain a functional business office within the location of the yard used to store police initiated tows. 6.6 Business Office Hours Contractor shall adequately staff their business office in order to remain open and available to meet the public during the normal business office hours. The business office of the Contractor shall be located within the storage yard for which a towed vehicle is located and be open to serve the public and the City from 0800 to 1800 hours, Monday through Friday, except for City observed holidays. City observed holidays are: New Years Day, Dr. Martin Luther King Jr.'s Birthday, Caesar Chavez Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and the Friday after, and Christmas Eve and Christmas Day. 6.7 Contractor's Employees All drivers must maintain a professional appearance. Staff shall work in a neat and clean uniform. The Contractor shall furnish staff with a shirt or some other type of outerwear bearing the company name and logo. Appropriate clothing will be worn at all times including by employees that are being trained. All employees will conduct themselves in a professional manner when interacting with the public or City employees. Within ten (10) days of award, Contractor shall provide the National City Police Department Traffic Division Sergeant with the names of all employees that will be assigned to the Agreement. Drivers and other employees associated with the processing and removal of vehicles shall be subject to a complete background investigation. The Contractor will notify, within ten (10) days, National City Police Department Traffic Division Sergeant whenever an employee is terminated or a new employee is hired that is Contract for Towing & Impound Services 15 City of National City and Oct 1, 2016 — Sept 30, 2018 257 of 616 A to Z Enterprises, Inc., DBA RoadOne assigned to perform duties under the Agreement or may have access to vehicles impounded pursuant to police request. Contractor shall ensure that all tow truck drivers responding to calls initiated by the City are properly licensed, qualified and competent employees. The Contractor shall ensure all tow truck drivers are trained and proficient in the use of the tow truck and related equipment, including, but not limited to, the procedures necessary for the safe towing and recovery of ALL vehicles. All tow truck drivers shall possess the proper class license and certificates for towing vehicles, along with a Class 'A' endorsement to allow operation of special vehicle configurations and/or special cargos. Contractor's employees shall be qualified to perform all work undertaken by or assigned to them. In the event a driver or the equipment is inadequate and the Contractor is unable to service the request, a charge for service or labor will not be permitted. Contractor shall have all tow truck drivers involved with NCPD's rotation tow operations participate in a controlled substance and alcohol testing (CSAT) program. 1) Drivers requiring a Class A, Class B, or commercial Class C license (endorsed for hazardous materials transportation) shall participate in a CSAT program as defined in the Code of Federal Regulations, Title 49, Parts 40 and 382. 2) Those drivers that are not required to possess a Class A, Class B, or commercial Class C license shall be enrolled in a CSAT program substantially similar to the requirements as outlined in Section 1) above. 3) The Contractor shall ensure selection pools for commercially and non - commercially licensed drivers are maintained separately. The Contractor shall provide proof records of their CSAT programs to NCPD. 4) A driver possessing a non-commercial driver's license who tests positive but subsequently returns with a negative test result shall meet the same reinstatement requirements as a driver required to possess a commercial driver's license. 6.8 Signs In compliance with California Civil Code Section 3070 (E), Contractor shall display inside the business office, in plain view at the cashier's station, a sign. Said sign shall not be less than 17 by 22 inches in size, with lettering not less than one inch in height, disclosing all storage fees and charges in force, including the maximum daily storage rate. Posting of the Fee Schedule (Attachment A) in the appropriate size and lettering complies with CCC Section 3070 (E). Additionally, Contractor is required by California Vehicle Code Section 22850.3 (b) to display in a conspicuous place a notice to the effect that a vehicle impounded at the direction of the Police Department may only be released upon proof of current registration. Said notice must include the name and telephone number of the local police agency that caused the vehicle to be stored. Contract for Towing & Impound Services 16 City of National City and Oct 1, 2016 — Sept 30, 2018 258 of 616 A to Z Enterprises, Inc., DBA RoadOne 6.9 Method of Payment - Towing or Storage Charges (22651.1 CVC) At a minimum, Contractor shall accept a valid bank credit card or cash for payment of towing and storage by the registered owner, legal owner, or the owner's agent claiming the vehicle. Pursuant to California Civil Code Section 1748.1, Contractor shall not impose a surcharge on a cardholder who elects to use a credit card in lieu of cash for payment of any fees pursuant to this Agreement. In addition, Contractor shall have sufficient funds on the premises to accommodate and make change in a reasonable monetary transaction. 6.10 Storage of Vehicles; City, Seized Contractor shall immediately provide written notice to the National City Police Department Traffic Unit whenever a city vehicle or seized vehicle is stored in excess of forty-eight (48) hours. Failure to provide the required written notification to the City may result in forfeiture of Contractor's right to storage fees. The Contractor shall provide invoices to the National City Police Department Operations Assistant for the towing of each City owned and each seized vehicle. The invoices shall include the description of the vehicle, the date, time, origin, and disposition of the towed vehicle, name and identification number of City employee authorizing the tow and/or storage, the mileage starting and finishing at destination, and an itemized cost of services provided (mileage, number of storage days) commensurate with the attached rate schedule. Invoices shall be delivered to the National City Police Department Operations Assistant no later than the fifteenth (15th) of the month following services rendered. City shall make payment for services rendered on a monthly basis from month previous. 6.11 Removal from Private Property Pursuant to California Vehicle Code Section 22658(h), a towing company may impose a charge of not more than one-half of the regular towing charge for the towing of a vehicle at the request of the owner of private property or that owner's agent pursuant to this section if the owner of the vehicle or the owner's agent returns to the vehicle before it is removed from private property. The regular towing charge may only be imposed after the vehicle has been removed from the property and is in transit. Pursuant to sub -section (i) (2), if a vehicle is released within 24 hours from the time the vehicle is brought into the storage facility, regardless of the calendar date, the storage charge shall be for only one day. Not more than one day's storage charge may be required for any vehicle released the same day that it is stored. 6.12 Notice to City - Private Property Impounds In addition to the requirements set forth in California Vehicle Code Section 22658, Contractor agrees to notify the National City Police Department of all vehicle impounds from private property, within the jurisdictional limits of City, that result in storage of the vehicle. Notice shall include but not be limited to a complete description of the vehicle including the vehicle identification number, location of impound and name of property owner or agent who authorized the impound. Notice shall occur within one hour of taking Contract for Towing & Impound Services Oct 1, 2016 — Sept 30, 2018 17 259 of 616 City of National City and A to Z Enterprises, Inc., DBA RoadOne possession of the vehicle. Generally, private property impounds are considered On - Demand Tows. 6.13 Gratuities (12110 CVC) Contractor or Contractor's employees shall not offer or provide City, and no City employee shall accept any direct or indirect commission, reduced fee, gift, recreation, favors, seasonal gratuity, or any compensation whatsoever from Contractor. No City employee shall offer or provide Contractor with any gift, recreation, favor, seasonal gratuity, or any compensation whatsoever. No City employee is permitted to purchase a lien sold vehicle from Contractor that resulted from a police initiated tow or referral tow. City employees shall not purchase any vehicle or vehicle part from Contractor for a reduced fee or a fee below the prevailing rate as determined by industry standards. The intent of this section is to avoid the mere appearance of impropriety involving the contractual relationship. Contractor or Contractor's employees are prohibited from accepting any money or anything of value from a repair shop for delivery or the arranging of a delivery of a vehicle for the purpose of storage or repair. Nothing in this section is intended to preclude Contractor from charging a repair shop appropriate towing fees pursuant to the Fee Schedule. No benefit provided to City by Contractor, or benefit provided to Contractor by City, as defined in the terms and conditions of this Agreement that resulted from the process of negotiations, shall be considered a gift or gratuity within the meaning of this section. 6.14 Tow Truck Driver - On -Scene Duties Upon arriving on -scene of a police initiated tow, the Contractor's employee shall report to the investigating Peace Officer in charge. The officer -in -charge shall make every reasonable effort to inform Contractor's employee of any unusual circumstance or hazardous condition reasonably known to the officer. Contractor's employee shall make every reasonable effort to inform the officer -in -charge of any unusual circumstance or hazardous condition undetected by the officer -in -charge. The officer -in -charge may request additional towing services from the Contractor's employee and the officer -in - charge shall have the authority to waive the Response Time requirements for additional services based on the on -scene needs. Contractor's employee shall make every reasonable effort to comply with instructions or directions provided by the officer -in - charge. Contractor's employee may make any emergency alterations reasonably required to safely move and/or impound vehicles. Contractor shall be responsible for removing and appropriately disposing of collision related debris from the public right-of-way to ensure public safety. Contractor shall also remove or render inert any liquid debris that may reasonably be considered a safety hazard to the public -right-of-way. If the removal of any type of debris or hazardous material is beyond the capability of Contractor, Contractor's employee shall inform the officer -in -charge so accommodations can be made. Contract for Towing & Impound Services Oct 1, 2016 — Sept 30, 2018 18 260 of 616 City of National City and A to Z Enterprises, Inc., DBA RoadOne 6.15 Access to Stored Vehicles During regular business hours, Contractor shall make vehicles stored at the request of City available to that vehicle's registered owner, a person who can be verified to be the registered owner's agent, insurance agents, insurance adjusters, or representatives of automotive repair businesses for the purpose or estimating or appraising damages. 6.16 Access to Stored Vehicles — Removal of Private Property Pursuant to California Vehicle Code Section 22851(b), no lien shall attach to any personal property in or on the vehicle. The personal property in or on the vehicle shall be given to the current registered owner or the owner's authorized agent upon demand. The lien holder shall not be responsible for personal property after any vehicle has been disposed of pursuant to Division 11, Chapter 10 of the California Vehicle Code. Pursuant to California Civil Code Section 3068.1, the lien is deemed to arise on the date of possession of the vehicle. Possession is deemed to arise when the vehicle is removed and is in transit. 6.17 Access to Evidentiary Vehicles Vehicles impounded by City for investigative purposes pursuant to California Vehicle Code Sections 22655 or 22655.5 shall be held in maximally secured, nonpublic areas of Contractor's property, until the vehicle is released by order of City or in conformance with section 8.3 of this Agreement. No person other than a Police Officer, Reserve Police Officer, Field Evidence Technician, Property & Evidence Unit employee or Crime Scene Specialist employed by City shall remove any property or other contents from evidentiary vehicles. Property removed from such vehicles shall be recorded as removed on the content inventory and the content inventory dated and signed by the Police Officer, Reserve Police Officer, Field Evidence Technician, Property & Evidence Unit employee or Crime Scene Specialist removing the property and by a representative of the Contractor. 6.18 Invoices All invoices for towing and impounds pursuant to this Agreement shall clearly and individually itemize each and every specific charge or fee type. Daily storage fees shall be itemized on a per day basis, for example: 10 days storage @ $ per day. All itemized City fees of all types shall be documented on the invoice. The customer shall be provided no less than one copy of the invoice, after all fees have been paid and the invoice marked "Paid. ,, 6.19 Vehicle Impound Control Card (PD form 250) A Vehicle Impound Control Card (PD Form 250) shall be completed when a police hold is placed on a towed vehicle. The impounding officer shall obtain a case number and enter the case number on the control card before giving the tow truck driver a copy of the control card. Contract for Towing & Impound Services 19 City of National City and Oct 1, 2016 — Sept 30, 2018 261 of 616 A to Z Enterprises, Inc., DBA RoadOne Contractor shall not be liable for uncollected City S.T.O.P. fees when the Vehicle Impound Control Card (PD Form 250) is not properly completed by the impounding officer. PD Form 250 shall contain the lawful authority to impound pursuant to the California Vehicle Code. However, the impounding officer may elect to use the words "Admin Fee Applies" listed in the OTHER section of the form. 6.20 Proceeds from Lien sale In conformance with California Civil Code Section 3073 and California Vehicle Code Section 22850.5, the proceeds from the lien sale of any vehicle impounded pursuant to the Negligent Vehicle Impound Release (NVIR) program or the Serious Traffic Offender Program (S.T.O.P.) shall be distributed in the following order: 1. Any and all costs necessary to discharge the lien, including but not limited to impound and storage fees, and the costs of processing the vehicle for lien sale shall be paid to the (lien holder) Contractor. 2. Any and all City administrative fees, including individual fees or any partial fees associated with the S.T.O.P. and/or NVIR programs, shall be paid to City. Any partial fees recovered by City, resulting from the lien sale, shall first be attributed to the S.T.O.P. program. 3. The balance, if any, shall be forwarded to the California Department of Motor Vehicles for deposit in the Motor Vehicle Account in the State Transportation Fund. 7.0 FEES 7.1 Fee Schedule Attachment A to this Agreement provides a complete schedule of all charges and fees the Contractor will be authorized to collect from consumers for towing, impound, and storage services rendered on behalf of City. The Attachment A rate schedule shall remain in place unless and until amended by the City Council of the City of National City, pursuant to section 3.5 Re -Opener - Fee Schedule, of this Agreement. The schedule of rates charged by the operator shall be available in the tow truck, and shall be presented upon demand to person(s) for whom the tow services were provided, or his/her agent, or any representative of the City at the scene. In the event of a significant or substantial increase in operating expenses, which was not caused by any action of the Contractor, a temporary surcharge may be added in the current rates for any and all of the services provided pursuant to this agreement. The Contractor shall petition the City for the increase in towing and storage rates and provide supporting documentation. Any surcharge is subject to approval by the City. Rate changes may be sought and approved at the discretion of the City. This process may be instituted by routine cost of service evaluation by the City or by request of the Contractor. It is understood that there may be a need for rate changes during the term of Contract for Towing & Impound Services Oct 1, 2016 — Sept 30, 2018 20 262 of 616 City of National City and A to Z Enterprises, Inc., DBA RoadOne the Contract. Therefore, during the term of the Contract, should any Contractor make a request for rate changes, the Contract Administrator will forward the request appropriately for consideration. No rate adjustments will be considered without City Council approval. Any cost -of -living increase to the tow rates shall be calculated from the Consumer Price Index (CPI) as published for the first quarter of each calendar year. In any year in which this index is not available, the City shall ascertain and utilize some similar criterion and establish, retroactively, a figure for the computation. Any increase in the City Standard Rates will trigger a proportional increase in the City's Towing Program Fee beginning of July 1st of each contract year. 7.2 Secondary Tow Fees Secondary towing fees are the responsibility of the vehicle owner, operator or agent. If it is determined that City is liable for the secondary tow fees, Contractor shall charge City 50% of the Basic Tow Fee for Secondary Tows, if applicable. No storage fees shall accrue while the subject vehicle is in the actual possession of the National City Police Department. Police personnel shall not release a vehicle from the National City Police Department until all Contractor fees have been paid to Contractor by the vehicle owner, operator or agent. In the event a vehicle is released from the police department and Contractor fees were not paid, City shall be liable for the full fee. 7.3 City Vehicle Tow Fees Contractor agrees not to charge City a fee for the towing of marked or unmarked City police vehicles whether the tow resulted from mechanical breakdown or collision within the jurisdictional limits of National City. Contractor shall charge City 25% of the Basic Tow Fee for the towing of all other City vehicles whether the tow resulted from mechanical breakdown or collision within the jurisdictional limits of National City. Fees for all City vehicle tows including police vehicles, which occur outside the jurisdictional limits of National City, shall be resolved between the Contract Administrators but shall not exceed 25% of the basic tow fee. 7.4 Fees - Police Department Errors and Omissions When any vehicle has been directed by the City to be towed and it is established that the tow was in error through a mistake of fact, Contractor shall release the vehicle to its owner, operator or agent at no cost. Contractor shall bill City at no more than 50% of the basic tow fee. If an error by City results in a vehicle being stored longer than it can reasonably be established that it should have been, Contractor shall release the vehicle and bill the owner, operator or agent only those storage charges that would have accrued if no error Contract for Towing & Impound Services Oct 1, 2016 — Sept 30, 2018 21 263 of 616 City of National City and A to Z Enterprises, Inc., DBA RoadOne had occurred. Contractor shall bill City storage fees at no more than $2.50 per day for every day beyond the owner, operator or agent's responsibility. If the error in towing or storage is discovered after the vehicle owner, operator or agent recovers the vehicle and all fees have been paid to Contractor, the owner, operator, or agent may be referred to the City Clerk, City of National City to file a Claim for Damages against City. 7.5 Towing Program Fee The total annual Towing Program Fee due to the City shall be one hundred twenty-two thousand five hundred twenty dollars ($122,520.00), divided equally amongst the tow operators awarded contracts, and paid quarterly. Contractor shall make quarterly Towing Program Fee payments to City for the right to provide towing and storage service to City. The minimum Towing Program Fee payment amount per Contractor, when two contractors have been awarded, shall be fifteen thousand three hundred fifteen dollars ($15,315.00) per quarter. The Towing Program Fee shall be payable for a period of two (2) years subject to adjustments as defined in Section 3.4 - Re -Opener Clause — Towing Program Fee. The Towing Program fee shall continue in the above described manner in the event of a Contract extension renewal. 7.6 Towing Program Fee - Due Date The Towing Program Fee payment shall be due and payable no later than the fifteenth (15th) day of the calendar month following the end of each quarter, pursuant to the following schedule: First Contract Year; Quarter End Dates 1st Quarter — January 15, 2017 2nd Quarter — April 15, 2017 3rd Quarter — July 15, 2017 4th Quarter — October 15, 2017 Second Contract Year; Quarter End Dates 1st Quarter — January 15, 2018 2nd Quarter — April 15, 2018 3rd Quarter — July 15, 2018 4th Quarter — October 15, 2018 7.7 Towing Program Fee - Late Fee Any amount owed to the City more than fifteen (15) calendar days beyond the due date, shall be considered delinquent and will be in breach of contract. Failure to pay any amount owed to the City may result in the Contractor being suspended from the contract Contract for Towing & Impound Services Oct 1, 2016 — Sept 30, 2018 22 264 of 616 City of National City and A to Z Enterprises, Inc., DBA RoadOne until such amount is paid. Interest will be charged on unpaid amounts at an annual rate equal to twelve (12%) percent per annum, or at the maximum rate permitted by applicable law, whichever is lower. Partial payments will not be accepted. 7.8 Towing Program Fee - Payments The Towing Program Fee is payable to "City of National City." Payments shall be directed as follows: Operations Assistant National City Police Department 1200 National City Blvd National City, CA 91950 Upon receipt and no later than five days from receipt, the Operations Assistant shall record and account for the Towing Program Fee payment consistent with the terms of this agreement and forward the payment to the City Finance Department for deposit in Revenue Account Number 001-11000-3558. 7.9 Negligent Vehicle Impound Release (NVIR) Fee The Negligent Vehicle Impound Release Fee shall be an amount established by City. Said fee is one hundred twenty four ($124) dollars. The NVIR fee is recognized as a necessary and effective method of generating those revenues necessary to off set program costs, services and facilities. The NVIR fee applies only to vehicles released by Contractor for violating certain sections of the California Vehicle Code (CVC) and/or the National City Municipal Code (NCMC). See Attachment B for a list of applicable sections. 7.10 NVIR Fee - Collection Contractor shall collect the NVIR fee of one hundred twenty four ($124) dollars per vehicle, upon the release of any vehicle impounded pursuant to the above listed California Vehicle Code sections. Contractor shall remit the collected fees to City pursuant to the below listed payment schedule. The collected NVIR fees shall be properly identified and itemized. 7.11 NVIR Fee - Payment Due Date NVIR fees collected by Contractor shall be due and payable to City no later than the fifth (5th) day of each month and the twentieth (20th) day of each month. Payments due on the fifth (5th) day of each month shall include and account for all vehicles released by Contractor between the sixteenth (16th) day of the month, and the last day of the month, (inclusive). Payments due on the twentieth (20th) day of the month shall include and account for all vehicles released by Contractor between the first (1 St) day of the month and the fifteenth (15th) day of the month, (inclusive). Contract for Towing & Impound Services Oct 1, 2016 — Sept 30, 2018 23 265 of 616 City of National City and A to Z Enterprises, Inc., DBA RoadOne 7.12 NVIR Fee -Payments The NVIR Fee is payable to "City of National City." Payment shall be directed as follows: Operations Assistant National City Police Department 1200 National City Blvd National City, CA 91950 Upon receipt and no later than five days from receipt, the Operations Assistant shall record and account for the NVIR Fee payment, consistent with the terms of this agreement and forward the payment to the City Finance Department for deposit in Revenue Account Number 001-04049-3551. 7.13 NVIR Fee Payment - Late Fee Any amount owed to the City more than fifteen (15) calendar days beyond the due date, shall be considered delinquent and will be in breach of contract. Failure to pay any amount owed to the City may result in the Contractor being suspended from the contract until such amount is paid. Interest will be charged on unpaid amounts at the maximum rate permitted by law. Partial payments will not be accepted. 7.14 Serious Traffic Offender Program (S.T.O.P.) Impound Fee The Serious Traffic Offender Program Fee shall be an amount established by City. Said fee is one hundred fifty ($150) dollars. The S.T.O.P. fee is recognized as a necessary and effective method of generating revenues necessary to off set program costs, services and facilities. Vehicles impounded by City pursuant to the S.T.O.P. program shall be released by City, upon expiration of a 30 day hold and shall only be released by City upon a showing of proof that the owner, operator or agent has a valid driver's license. Contractor shall collect S.T.O.P. fees prior to the actual release of the vehicle. Contractor shall remit the collected S.T.O.P. fees to City pursuant to the below listed payment schedule. The S.T.O.P. fees shall be properly identified and itemized. The S.T.O.P. fee applies only to vehicles impounded pursuant to certain California Vehicle Code Sections. (See Attachment C for a list of applicable sections.) 7.15 S.T.O.P. Impound Fees - Due Date S.T.O.P. program fees collected by Contractor shall be due and payable to City no later than the fifth (5th) day of each month and the twentieth (20th) day of each month. Payments due on the fifth (5th) day of each month shall include and account for all vehicles released by Contractor between the sixteenth (16th) day of the month, and the last day of the month, (inclusive). Payments due on the twentieth (20th) day of the month shall include and account for all vehicles released by Contractor between the first (1st) day of the month and the fifteenth (15t) day of the month, inclusive. Contract for Towing & Impound Services Oct 1, 2016 — Sept 30, 2018 24 266 of 616 City of National City and A to Z Enterprises, Inc., DBA RoadOne 7.16 S.T.O.P. Fee -Payment The S.T.O.P. program fee is payable to "City of National City." Payment shall be directed as follows: Operations Assistant National City Police Department 1200 National City Blvd National City, CA 91950 Upon receipt and no later than five days from receipt, the Operations Assistant shall record and account for the S.T.O.P. fees consistent with the terms of this agreement. The S.T.O.P. fee of one -hundred fifty ($150) dollars per vehicle shall be divided and deposited with the City Finance Department as follows: Amount Revenue Account Number $125.00 191-11000-3550 $ 25.00 001-11000-3550 7.17 S.T.O.P. - Late Fee Any amount owed to the City more than fifteen (15) calendar days beyond the due date, shall be considered delinquent and will be in breach of contract. Failure to pay any amount owed to the City may result in the Contractor being suspended from the contract until such amount is paid. Interest will be charged on unpaid amounts at an annual rate equal to twelve (12%) percent per annum, or at the maximum rate permitted by applicable law, whichever is lower. Partial payments will not be accepted. 7.18 S.T.O.P.; 30-Day Vehicle Impound Fees Pursuant to the Serious Traffic Offender Program certain vehicles are impounded and held in impound for thirty (30) days. Said vehicles accrue Contractor's daily storage fees according to the attached Fee Schedule. In addition to any other administrative fees herein identified, Contractor shall pay CITY, fifteen (15%) percent of the total storage fee, when the vehicle is held for 30 days and subsequently released to the vehicle owner, operator or agent. Any revenue recovered as a result of this section shall be used to defray and off set police costs associated with the operation of the S.T.O.P. program. This fifteen (15%) percent fee shall not apply to S.T.O.P. vehicles not held for the 30-day period. This fee shall apply to the lien sale process, consistent with section 6.17 of this Agreement. 7.19 30-Day Impound Fees - Due Date and Payment Revenue received as a result of section 7.18 shall be distinguished from any other administrative fee or revenue and shall be due and payable consistent with sections 7.15 through 7.17. Any proceeds received from the S.T.O.P. 30-Day Vehicle Impound shall be deposited into Revenue Account Number 191-110003550. Contract for Towing & Impound Services 25 City of National City and Oct 1, 2016 — Sept 30, 2018 267 of 616 A to Z Enterprises, Inc., DBA RoadOne 8.0 VEHICLE RELEASE 8.1 General Rule - Vehicle Release As a general rule, Contractor shall be responsible for the release of all vehicles in Contractor's possession as a result of police initiated or referral tows. 8.2 Exceptions to General Rule Vehicles impounded pursuant to the following California Vehicle Code Sections shall not be released by Contractor. Contractor shall refer the vehicle owner, operator or agent to the police department to obtain a release: 1. 14602.6 - S.T.O.P. Program 2. 22651 (i) - Five or more Parking Citations 3. 22655 - Hit & Run Investigation 4. 22655.5 - Evidentiary Reasons 5. And as otherwise required by the California Vehicle Code 8.3 Hit & Run Investigation - Mandatory Release 22655(b) CVC Any vehicle impounded for hit & run investigation (20002 thru 20006 CVC), pursuant to the authority of California Vehicle Code Section 22655, shall be released within 48 hours after removal from highway or private property. When determining the 48 hour period, weekends, and holidays shall not be included. Any vehicle not released by City within the maximum 48 hour period, shall be released by Contractor upon demand of the vehicle owner, operator or agent upon the expiration of the 48 hour period, regardless of City hold status. 8.4 Questions, Problems, or Controversy Associated with Vehicle Release In the event Contractor experiences problems, questions or controversy associated with a customer demanding the release of a police initiated or referral tow, Contractor shall notify the police department. Additionally, if Contractor discovers a questionable DMV document, an officer shall be dispatched to resolve the problem. 8.5 Expert Training - DMV Document Identification During the term of this Agreement and at Contractor's request, City may provide Contractor, Contractor's employees, and new employees with training in the identification and recognition of all relevant California Department of Motor Vehicles documents including but not limited to California Drivers License and California Vehicle Registration documents. A recognized expert employed by the California Depat tuient of Motor Vehicles shall conduct training. Training shall include but not be limited to recognition and identification of counterfeit, altered, or forged California Driver's License and California Registration and Title Certificates. The Contract Administrators shall coordinate date, time and location of training. Contract for Towing & Impound Services Oct 1, 2016 — Sept 30, 2018 26 268 of 616 City of National City and A to Z Enterprises, Inc., DBA RoadOne 9.0 MINIMUM TRUCK EQUIPMENT and STORAGE LOT REQUIREMENTS At all times during the term of this Agreement, Contractor shall meet the following minimum tow truck equipment requirements and storage lot requirements: 9.1 Minimum Tow Truck Requirements During the term of this Agreement, Contractor shall have available no less than three tow rigs of at least one -ton capacity. Each tow rig shall have dual rear wheels. Each vehicle used for towing police impounds shall have a manufacturer's gross vehicle weight rating (GVWR) of not less than 14,500 pounds. During the term of this Agreement, Contractor shall have a tow rig capable of towing large, oversize vehicles; including Class B (minimum 26,001 GVWR), Class C (minimum 48,000 GVWR), and Class D (minimum 52,000 GVWR). During the term of this Agreement, Contractor shall have a truck with Landoll type trailers acceptable for Class C and Class D towing. In addition, during the term of this Agreement, Contractor shall have available one tow rig, commonly known as a "Sub -Garage Tow Vehicle," capable of entering and removing impounded vehicles from the underground parking garage of the National City Police Department. The sub -garage tow vehicle is a limited use vehicle and does not require dual wheels or a GVWR of 14,500 pounds. Contractor shall have a vehicle capable of towing/recovery from off road areas. 9.2 Minimum Tow Truck Equipment Requirements Each tow truck responding to requests for police initiated towing and impound services shall be equipped with radio communications equipment capable of effecting two-way radio communications between the tow truck operator and Contractor's dispatching operation. Citizen Band radios shall not be used to meet this requirement. Each tow truck shall have a maximum 8,000 pound capacity winch that is power driven by power takeoff from transmission, in both directions, and equipped with safety dogs or an adequate braking system. Winches must be fitted with a minimum of 100 feet of cable for recovery tasks. Roll back car carriers must be fitted with a minimum of 50 feet of cable. All cable (wire rope) must be maintained in good condition. Only wire rope with swaged ends, wedge locks or braided ends, with metal sleeves in the loops shall be approved for use under the terms of this agreement. Consistent with the California Code of Regulations, Title 13, Section 1305(b), wire rope is not in good condition when it is stranded, knotted, crushed, excessively rusted, kinked, badly worn, when there are 12 or more wires broken in lay length, or where there is other visible evidence of loss of strength. Contractor shall maintain dollies for use by in-service tow trucks providing police towing services to City. Each tow truck, with the exception of slide back carriers, shall carry its own set of dollies. Each tow truck shall be equipped with no less than two safety chains. No less than two safety chains shall be used for each vehicle being towed. Each safety chain shall be rated Contract for Towing & Impound Services Oct 1, 2016 — Sept 30, 2018 27 269 of 616 City of National City and A to Z Enterprises, Inc., DBA RoadOne at no less than the rating specified by the original equipment manufacturer (OEM). The safety chains shall be securely affixed to the bed frame or wrecker boom, independent of the towing sling, bar, hitch, wheel lift, or under lift towing equipment. The towed vehicle shall be secured to the towing equipment independent of the safety chains by either two chains or two straps. All safety connections and attachments shall have a positive means, of sufficient strength, to ensure that the safety connection or attachment cannot become disengaged while in transit. Vehicles being transported on slide back carriers shall be secured by four tie down chains or straps, independent of the winch or loading cable. In addition to the requirements set forth in California Vehicle Code Section 27700, City requires Contractor to equip each tow truck with red flares, lanterns or reflectors, hand tools (screw drivers, pliers, ratchet and sockets, crescent wrenches, metric and standard lug wrenches), bolt cutters, six foot crowbar, rope, broom, shovel, dustpan, fire extinguisher (dry chemical or carbon dioxide type), utility flood lamps, portable red taillights and stoplights for towed vehicles, equipment for opening locked vehicles, safety snubber chains, and a trash can with absorbent material. Each tow truck shall be equipped with disposable (one time use) latex or rubber gloves for use by Contractor's employees to prevent contamination or contact with potential blood borne pathogens. The decision to use said equipment rests solely with Contractor. 9.3 Tow Truck Identification Each tow truck responding to police initiated towing and impound services shall, on both sides of the vehicle, conspicuously bear Contractor's company name, local address, and local phone number(s) in lettering that complies with California Vehicle Code Section 27907. 9.4 Tow Truck Lighting Equipment Each tow truck responding to police initiated towing and impound services shall be equipped with lighting systems as required by California Vehicle Code Sections 24605, 24606 and 25253. Additionally, tow trucks shall be equipped with utility lamp lighting systems than comply with California Vehicle Code Section 25110. 9.5 California Highway Patrol Inspection Certification During each year of this Agreement, Contractor shall obtain and retain an annual California Highway Patrol (CHP) tow truck safety inspection certification. Contractor shall annually be able to show proof that every vehicle in each category required for service under this Agreement providing services to the City has passed a CHP tow truck safety inspection. Tow trucks not passing inspections or meeting the requirements of this section shall immediately be removed from rotation. The tow truck may return to rotation once the truck has successfully passed a re -inspection by the original inspecting agency. Nothing in this section is intended to prevent, or preclude the National City Police Department from performing periodic unscheduled inspections to insure compliance with the requirements of the California Vehicle Code and this Agreement. Contract for Towing & Impound Services Oct 1, 2016 — Sept 30, 2018 28 270 of 616 City of National City and A to Z Enterprises, Inc., DBA RoadOne 9.6 Tow Truck Maintenance Each tow truck responding to police initiated towing and impound services shall be well maintained and reasonably clean on the exterior and interior and should reflect the clean, professional image of the City of National City. 9.7 Storage Lot, Minimum Requirements There shall be a minimum of one (1) vehicle storage yard within a ten (10) mile radius from City Hall, 1243 National City Boulevard, National City, with adequate storage capabilities for all vehicles retrieved from the City and requiring storage. The Contractor shall identify the exact location and size of any storage yards to be used pursuant to this contract. The storage yard shall be approximately 10,000 sq. ft. and have space necessary to accommodate all Police Department tows and comply with all applicable Building Codes and Zoning Regulations (including but not limited to: Fire, Sign, Zoning, and Building Codes). There shall also be the following: 1. Be completely enclosed by an 8-foot solid high fence with a lockable gate. Construction of the fence and gates must be of sufficient construction to prevent entry into the storage area of unauthorized persons or vehicles. 2. Alarms and intrusion sensors that provide immediate notification capabilities at all times or similar devices or security measures. 3. Sufficient lighting to detect unauthorized entrance at night. 4. The storage yard shall be served by drainage facilities adequate to prevent the accumulation of standing water. The vehicle storage area must remain free of mud, pools of standing water, debris, or other elements that would be harmful to the stored vehicle, vehicle contents, or to persons viewing, inspecting or recovering the vehicles. The vehicle storage area, including all driveways and access roads, shall be surfaced in a manner so as to prevent the listed conditions. An acceptable surface includes concrete, asphalt, asphaltic concrete, or decomposed granite with oil. 5. All areas open to vehicular traffic shall be paved with cement, asphalt surfacing or oil and aggregate mixture. 6. The entire site is to be continuously maintained to prevent accumulation of trash, combustible waste, and hazardous debris. 7. The storage yard must be a reasonable distance from public transportation. 8. Stored vehicles shall be arranged to provide reasonable and immediate inspection at any time by the City's agents. Contract for Towing & Impound Services 29 City of National City and Oct 1, 2016 — Sept 30, 2018 271 of 616 A to Z Enterprises, Inc., DBA RoadOne The Contractor shall provide service to the public twenty-four (24) hours a day, seven (7) days a week so that an owner may pay towing and storage fees at the Storage Yard where their vehicle is stored and obtain its release. The Contractor is responsible for the reasonable care, custody, security, and control of any property contained in towed or stored vehicles. All items removed from a vehicle or left stored within the vehicle shall be released to the owner or agent of the impounded vehicle upon demand during normal business hours unless the vehicle is under law enforcement Hold. Vehicles may not be taken off -site of the Storage Yard, without the City's permission. 9.8 Minimum Lighting Requirements - Storage Lot There must be adequate lighting, and all yard and office construction must comply with applicable building codes, fire codes, and zoning regulations. The minimum lighting requirements per ten thousand (10,000) square feet are in effect unless zoning or other local regulations dictate increased or diminished lighting requirements: 1. Four (4) 300-Watt incandescent medium -wide flood lights, or 2. Three (3) 300-Watt quartz halogen lights, or 3. Two (2) 100-Watt high-pressure sodium lights. 9.9 Vehicle Examination Area Contractor will set aside an area of sufficient size to place a standard sized passenger sedan and have a minimum of forty-eight (48") inches from each side, the front, and rear of the vehicle for the purpose of inspecting the vehicle. This examination area must be flat, level, and paved with concrete, asphalt or asphaltic -concrete, or other suitable all weather surfaces. 9.10 Secure Area - Evidentiary Vehicles Vehicles impounded by City for investigative purposes shall be held in a maximally secured, non-public area of Contractor's property until released by City. Contractor shall insure, by the use of various security devices and measures, including but not limited to walls, fences, containers, buildings or the like, that no unauthorized person, whether intentionally or accidentally can come into physical contact with evidentiary vehicles. Located within the storage yard, Contractor shall set aside a secure area, sufficient in size to hold four (4) vehicles, with sufficient room to walk around, open doors, and examine each separate vehicle. 9.11 Special Operations During the Contract period, it is anticipated that numerous special police operations may be conducted that require the towing of vehicles. An example of this type of operation is a Sobriety/Driver's License checkpoint. The Police Department will attempt to equally distribute these special operations between the Contractors. However, many of these operations have special date or period requirements beyond the control of the Police Contract for Towing & Impound Services Oct 1, 2016 — Sept 30, 2018 30 272 of 616 City of National City and A to Z Enterprises, Inc., DBA RoadOne Department. Due to these special requirements, a Contractor may obtain more operations than the other Contractor(s). The Contractors agree to this potentially inequitable distribution of special operations as a City Contractor. 10.0 INSURANCE REQUIREMENTS 10.1 Minimum Insurance Requirements All required insurance shall be submitted to the City of National City by September 1, 2016. All policies must have a thirty (30) day non -cancellation clause giving the City thirty (30) days prior written notice in the event a policy is canceled. At the end of each contract year, the City reserves the right to review insurance requirements and to require more or less coverage depending upon assessment of the risk, the Contractor's past experience, and the availability and affordability of increased liability insurance coverage. Insurance coverage must be from an insurance carrier licensed in the State of California and rated "A-, VI" or better by the A.M. Best Key Rating Guide. All policies must be endorsed to provide that the insurance afforded by Contractor is primary to any insurance or self-insurance maintained by City and its elected officials, officers, employees, agents, and representatives as respects operations of the Named Insured. Any insurance or self insurance maintained by City and its elected officials, officers, employees, agents, and representatives shall be in excess of Contractor's insurance and shall not contribute to it. The following coverage is required: i. Commercial General Liability for a minimum of two million dollars each occurrence ($2,000,000.00 EO) with Sudden and Accidental Pollution coverage. The City of National City must be named as an additional insured on the certificate ii. Automobile Liability for a minimum of two million dollars combined single limit ($2,000,000.00 CSL) per person and four million dollars ($4,000,000.00) per accident. The City of National City must be named as an additional insured on the certificate. iii. Garage Keepers minimum of one million dollars each occurrence ($1,000,000.00 EO). iv. On Hook/Cargo in amounts not less than fifty thousand dollars ($50,000.00) / twenty thousand dollars ($20,000.00) /one hundred thousand dollars ($100,000.00), the maximum deductible shall be no more than two thousand five hundred dollars ($2,500.00). v. Workers' Compensation coverage in accordance with the laws of the State of California. Policy must contain a Waiver of Subrogation of Rights against the City of National City. vi. The City does not require a performance bond. Contract for Towing & Impound Services Oct 1, 2016 — Sept 30, 2018 31 273 of 616 City of National City and A to Z Enterprises, Inc., DBA RoadOne If required insurance coverage is provided on a `claims made' rather than `occurrence' form, the contractor shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of the contract. Any aggregate insurance limits must apply solely to this Agreement. 10.2 Primary Insurance The aforementioned policies shall constitute primary insurance as to the City, its officers, employees, and volunteers, so that any other policies held by the City shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the City of cancellation or material change. Said policies, except the workers' compensation policy, shall name the City and its officers, agents and employees as additional insured's. 10.3 Claims Made vs. Occurrence Form If required insurance coverage is provided on a "claims made" rather than "Occurrence" form, the Contractor shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. The policy retroactive date coincides with or precedes Contractor's commencement of work under this Agreement (including subsequent policies purchased as renewals or replacements). 10.4 Aggregate Insurance Limits Any aggregate insurance limits must apply solely to this Agreement. 10.5 Insurance Company Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A; VIII according to the current Best's Key Rating Guide, or a company of equal financial stability that is approved by the City's Risk Manager. Any deductibles more than ten thousand dollars ($10,000) shall be declared and approved by City. 10.6 Insurance Certification Requirement 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 Purchasing Agent at 1243 National City Boulevard, National City, California 91950. If the Contractor does not keep all 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 material breach of this Agreement and may terminate this Agreement as provided herein. 10.7 Insurance Requirement - Renew Option If this Agreement is extended beyond its original term pursuant to section 3.3, the insurance provisions may be updated at the option of City. Contract for Towing & Impound Services Oct 1, 2016 — Sept 30, 2018 32 274of616 City of National City and A to Z Enterprises, Inc., DBA RoadOne 10.8 Limitations of Liabilities and Obligations The foregoing requirements as to the types and limits of insurance coverage to be maintained by the Contractor, and any approval of said insurance by the City, are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Contractor pursuant to the Agreement, including, but not limited to, the provisions concerning indemnification, section 2.10. 10.9 Sub -Contractor and Insurance Requirement Contractor shall make certain that all subcontractors hired by Contractor for services other than towing or impound services, after written consent by the City, are insured in accordance with this Agreement. If any subcontractor's coverage does not comply with the foregoing provisions, Contractor shall indemnify and hold City harmless of and from any damage, loss, cost, or expense, including attorneys' fees. Contractor is prohibited from subcontracting the towing or impound services under this Agreement. 11.0 CONSTRUCTION OF AGREEMENT The parties acknowledge and agree that (1) each party is of equal bargaining strength; (2) each party has actively participated in the drafting, preparation and negotiation of this Agreement; (3) 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; (4) each party and such party's counsel and advisors have reviewed this Agreement; (5) each party has agreed to enter into this Agreement following such review and the rendering of such advice; and (6) 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 attachments, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. Contract for Towing & Impound Services Oct 1, 2016 — Sept 30, 2018 33 275 of 616 City of National City and A to Z Enterprises, Inc., DBA RoadOne CITY OF NATIONAL CITY A TO Z ENTERPRISES, INC., D.B.A. ROADONE By: By: Ron Morrison, Mayor Dale Wineteer, President APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney By: Brad Ramsey, Vice President Contract for Towing & Impound Services Oct 1, 2016 — Sept 30, 2018 34 276 of 616 City of National City and A to Z Enterprises, Inc., DBA RoadOne ATTACHMENT A TOWING FEE SCHEDULE SERVICE FEE • BASIC TOWING Includes first hour hookup, labor, standby time, for vehicles under 9,500 GVW (unloaded). $ 180.00 • MEDIUM SIZE - BASIC TOWING Includes first hour hookup, labor, standby time, for vehicles over 9,500 GVW $ 205.00 but less than 22,000 GVW (unloaded). • LARGE SIZE - BASIC TOWING Includes first hour hookup, labor, standby time, for vehicles over 22,000 GVW (Unloaded). $ 225.00 • ON -SCENE OR STAND-BY Labor = Each 15-minute increment, beyond first hour is charged only when extra ordinary labor must be expended to recover a vehicle. Stand-by is charged when the job cannot be started and must be explained on the tow bill. $ 40.00 • DOLLIES Will only be used when there is not a less expensive, safe manner of handling the situation. $ 55.00 • DRY RUN May also be known as a "hook-up — drop fee" and is charged when the vehicle is hooked up and the owner returns before the vehicle is in transit. $ 50.00 • PER MILE TOWING Applies only to vehicles recovered outside the jurisdiction of the City of $ 5.00 National City. • MAXIMUM STORAGE - PER DAY $ 45.00 Per day is defined as a 24-hour period. • STORAGE PER HOUR Up to maximum of $15.00 per hour. $15.00 • AFTER HOURS VEHICLE RELEASE After 6 p.m. and before 8 a.m., including weekends and all holidays. $ 65.00 • NOTIFICATION OF LIEN SALE Vehicle valued at less than $4.000 (22851.12 CVC). $ 70.00 Contract for Towing & Impound Services 35 City of National City and Oct 1, 2016 — Sept 30, 2018 277 of 616 A to Z Enterprises, Inc., DBA RoadOne • NOTIFICATION OF LIEN SALE Vehicle valued at over $4,000. (22851.12 CVC). S 100.00 • POLICE EQUIPMENT TOWING Inside jurisdictional limits of National City. No Charge • CITY EQUIPMENT TOWING Includes all City vehicles. Also includes police vehicles towed from outside jurisdictional limits of National City. 25% basic tow fee CITY ADMINISTRATIVE FEE'S • NEGLIGENT VEHICLE IMPOUND RELEASE FEE $124.00 • SERIOUS TRAFFIC OFFENDER PROGRAM FEE $150.00 Contract for Towing & Impound Services 36 City of National City and Oct 1, 2016 — Sept 30, 2018 278 of 616 A to Z Enterprises, Inc., DBA RoadOne ATTACHMENT B Pursuant to Section 7.9 of this Agreement, the Negligent Vehicle Impound Release Fee shall apply to vehicles impounded pursuant to the following California Vehicle Code sections and/or National City Municipal Code sections. One or more the listed sections must be included on the impounding documents. California Vehicle Code 22500 et seq. 22500.1 22651 (a) 22651 (b) 22651 (d) 22651 (e) 22651 (h) 22651 (i) 22651 (j) 22651 (k) 22651 (1) 22651 (m) 22651 (n) 22651 (o) (1) 22651 (p) 22651 (r) 22652 22653 (c) 22655 (a) 22656 22669 et seq. Prohibited Stopping, Standing, or Parking Prohibited Stopping, Standing, or Parking: Fire Lane Unattended on Bridge Hazard to flow of traffic Blocking a driveway Blocking fire hydrant access Operator taken into custody - not practical to park or lock Unpaid parking citations Illegally parked and no evidence of registration displayed Parking over 72 hours Temporary tow away signs for street repair Highway authorization for other use, with 24-hour notice No parking tow away signs posted Expired registration in excess of six months Unlicensed or suspended/ revoked license in violation of 12500, 14601, 14601.1, 14601.2, 14601.3, 14601.4, 14601.5, or 14604. Illegally parked, blocking a legally parked vehicle Illegally parked in designated handicapped parking space Removal from private property, at request of property owner, when operator is taken into custody Hit & Run suspect vehicle Illegally parked or abandoned within 7-1/2 feet of nearest railroad rail Removal of Abandoned Vehicles as determined pursuant to section 22523 CVC Contract for Towing & Impound Services Oct 1, 2016 — Sept 30, 2018 37 279 of 616 City of National City and A to Z Enterprises, Inc., DBA RoadOne 11.32.060 11.32.070 11.32.160 11.32.250 (e) National City Municipal Code Illegally parked - 72 hour violation - vehicle removal Illegally parked - Restricted hours - vehicle removal Illegally parked - Emergency parking - vehicle removal Illegally parked - Taxi Stand - vehicle removal Contract for Towing & Impound Services Oct 1, 2016 — Sept 30, 2018 38 280 of 616 City of National City and A to Z Enterprises, Inc., DBA RoadOne ATTACHMENT C Pursuant to Section 7.14 of this Agreement, the Serious Traffic Offender Program Fee shall apply to vehicles impounded pursuant to the following California Vehicle Code Sections. One or more of the following sections must be included on the impounding documents. 22651(p) 22651(h)(2) 14602.6 14602.7 14607.6 California Vehicle Code Includes Sections 12500, 14601, 14601.1, 14601.2, 14601.3, 14601.4, 14601.5 or 14604. Upon service of notice of an order of Suspension or Revocation, pursuant to 13388 CVC. Unlicensed, Suspended or Revoked and involved in traffic collision. Sub -section (b) - Certified Mail, 2-day notice to legal owner. Failure to notify legal owner results in maximum fee for 15 days vehicle storage. Fleeing a Peace Officer - Court Order upon affidavit of Peace Officer, to seize vehicle, not to exceed 30 days. Failure to notify legal owner (2 days' notice) results in maximum fee for 15 days vehicle storage. Impoundment and Forfeiture of Motor Vehicle. Contract for Towing & Impound Services 39 City of National City and Oct 1, 2016 — Sept 30, 2018 281 of 616 A to Z Enterprises, Inc., DBA RoadOne AGREEMENT BY AND BETWEEN CITY OF NATIONAL CITY AND ALEXANDRA INVESTMENTS, INC. DBA ANGELO'S TOWING & RECOVERY FOR TOWING AND IMPOUND SERVICES October 1, 2016 — September 2018 282 of 616 TABLE OF CONTENTS Title & Section Page Number Agreement for Towing and Impound Services 1 Recitals 1 1.0 DEFINITION OF TERMS 1.1 Police Tow .... 2 1.2 Police Referral Tow 2 1.3 On Demand Tow 2 1.4 Secondary Tow 2 1.5 Collision Tow 2 1.6 Response Time 2 1.7 Dispatch Center 3 1.8 Contract Year 3 1.9 Fee Schedule 3 1.10 Towing Program Fee 3 1.11 Negligent Vehicle Impound Release Fee 3 1.12 S.T.O.P. Fee 3 1.13 30 Day Impound Fee 3 2.0 ADMINISTRATION AND MANAGEMENT OF AGREEMENT 2.1 Agreement Approval 4 2.2 Entire Agreement 4 2.3 Administration of Agreement 4 2.4 Cooperation and Consultation 5 2.5 Compliance with Applicable Law 5 2.6 Licenses, Permits, Etc. 5 2.7 Disputes 5 2.8 Mediation / Arbitration 6 Contract for Towing & Impound Services Oct 1, 2016 — Sept 30, 2018 City of National City and Alexandra Investments, Inc., DBA Angelo's Towing & Recovery 283 of 616 2.9 Legal Fees 6 2.10 Indemnification and Hold Harmless 6 2.11 Business Records (10650 CVC et seg.) 7 2.12 Prohibition Against Use of Privileged Information 7 2.13 Independent Contractor .... 7 2.14 Assignment 8 2.15 Workers' Compensation 8 2.16 Non -Discrimination Provision 8 2.17 Conflict of Interest and Political Reform Act Obligations 8 2.18 Termination of Agreement 9 2.19 Charges and Fees 10 2.20 Inspection 10 2.21 Notice of Tennination 10 3.0 TERMS OF AGREEMENT, OPTIONS, RENEW AND RE -OPENERS 3.1 Duration 11 3.2 Relevant Dates ... 11 3.3 Option to Renew .. 11 3.4 Re -Opener Clause — Towing Program Fee 12 3.5 Re -Opener Clause - Fee Schedule 12 3.6 Re -Opener Clause - 30 Day Impound Fee (S.T.O.P.) .. 12 4.0 RESPONSE TIME, EXCEPTIONS AND PENALTY ASSESSMENT 4.1 Response Time .. 12 4.2 Response Time Computation ... 13 4.3 Response Time - Penalty .. 13 4.4 Response Time - Penalty Assessment ... 13 5.0 ON -CALL CONTRACTOR AND CONTRACTOR ROTATION SCHEDULE 5.1 Contractor On -Call & Rotation ... 13 Contract for Towing & Impound Services Oct 1, 2016 — Sept 30, 2018 ii City of National City and Alexandra Investments, Inc., DBA Angelo's Towing & Recovery 284 of 616 6.0 GENERAL DUTIES, REQUIREMENTS AND OBLIGATIONS 6.1 Business License .. 14 6.2 Contractor Availability - Response to Service Requests 14 6.3 Contractor Towing Forfeited Vehicles ... 15 6.4 Contractor Availability - Vehicle Release 15 6.5 Business Office 15 6.6 Business Office Hours 15 6.7 Contractor's Employees 15 6.8 Signs . 16 6.9 Method of Payment - Towing or Storage Charges (22651.1 CVC) 17 6.10 Storage of Vehicles; City, Seized 17 6.11 Removal from Private Property 17 6.12 Notice to City - Private Property Impounds 17 6.13 Gratuities (12110 CVC) 18 6.14 Tow Truck Driver - On Scene Duties 18 6.15 Access to Stored Vehicles 19 6.16 Access to Stored Vehicle - Removal of Private Property 19 6.17 Access to Evidentiary Vehicles ... 19 6.18 Invoices ... 19 6.19 Vehicle Impound Control Card (PD form 250) 19 6.20 Proceeds from Lien Sale 20 7.0 FEES 7.1 Fee Schedule ... 20 7.2 Secondary Tow Fees 21 7.3 City Vehicle Tow Fees 21 7.4 Fees - Police Department Errors and Omissions .. 21 7.5 Towing Program Fee 22 Contract for Towing & Impound Services Oct 1, 2016 — Sept 30, 2018 City of National City and Alexandra Investments, Inc., DBA Angelo's Towing & Recovery 285 of 616 7.6 Towing Program Fee - Due Date 22 7.7 Towing Program Fee - Late Fee ... 22 7.8 Towing Program Fee - Payments .. 23 7.9 Negligent Vehicle Impound Release (NVIR) Fee 23 7.10 NVIR Fee 23 7.11 NVIR Fee - Payment Due Date 23 7.12 NVIR Fee - Payments .. 24 7.13 NVIR Payment - Late Fee 24 7.14 Serious Traffic Offender Program (STOP) Impound Fee 24 7.15 S.T.O.P. Impound Fees - Due Date 24 7.16 S.T.O.P. Fee — Payment 25 7.17 S.T.O.P. Fee - Late Fee 25 7.18 S.T.O.P.; 30-Day Vehicle Impound Fees 25 7.19 30-Day Impound Fees - Due Date and Payment ... 25 8.0 VEHICLE RELEASE 8.1 General Rule - Vehicle Release .... 26 8.2 Exceptions to General Rule 26 8.3 Hit & Run Investigations - Mandatory Release (22655(b) CVC) 26 8.4 Questions, Problems, or Controversy Associated with Vehicle Release 26 8.5 Expert Training - DMV Document Identification 26 9.0 MINIMUM TRUCK EQUIPMENT AND STORAGE LOT REQUIREMENTS 9.1 Minimum Tow Truck Requirements 27 9.2 Minimum Tow Truck Equipment Requirements .. 27 9.3 Tow Truck Identification 28 9.4 Tow Truck Lighting Equipment 28 9.5 California Highway Patrol Inspection Certification ... 28 Contract for Towing & Impound Services Oct 1, 2016 — Sept 30, 2018 iv City of National City and Alexandra Investments, Inc., DBA Angelo's Towing & Recovery 286 of 616 9.6 Tow Truck Maintenance 29 9.7 Storage Lot, Minimum Requirements 29 9.8 Minimum Lighting Requirements - Storage Lot .... 30 9.9 Vehicle Examination Area ... 30 9.10 Secure Area - Evidentiary Vehicles 30 9.11 Special Operations 30 10.0 INSURANCE REQUIREMENTS 10.1 Minimum Insurance Requirements 31 10.2 Primary Insurance 32 10.3 Claims Made vs. Occurrence Form 32 10.4 Aggregate Insurance Limits 32 10.5 Insurance Company 32 10.6 Insurance Certification Requirement 32 10.7 Insurance Requirement - Extension Option 32 10.8 Limitations of Liabilities and Obligations 33 10.9 Sub -Contractor Insurance Requirement 33 11.0 CONSTRUCTION Of AGREEMENT 33 ATTACHMENT A Towing Fee Schedule .. 35 ATTACHMENT B NVIR Fee - Applicable CVC & NCMC Sections .. 35 ATTACHMENT C S.T.O.P. Fee - Applicable CVC Sections 39 Contract for Towing & Impound Services Oct 1, 2016 — Sept 30, 2018 v City of National City and Alexandra Investments, Inc., DBA Angelo's Towing & Recovery 287 of 616 AGREEMENT FOR TOWING AND IMPOUND SERVICES BETWEEN THE CITY OF NATIONAL CITY AND ALEXANDERA INVESTMENTS, INC. DBA ANGELO'S TOWING & RECOVERY This Agreement for Towing and Impound Services ("Agreement") is made and entered into in the City of National City, State of California, on this day of August, in the year 2016, by and between the City of National City, a municipal corporation ("City"), and Alexandra Investments, Inc., D.B.A. Angelo's Towing & Recovery ("Contractor") for towing and impound services. RECITALS Whereas, the City of National City requires professional towing and impound services to maintain the safety of the public right-of-way and to seize and secure vehicles in accordance with the laws of the State of California and the National City Municipal Code, ordinances and regulations of the City of National City; and Whereas, the City has adopted a process for the selection and designation of professional towing contractors to provide towing, impound and storage service upon the request of the National City Police Department; and Whereas, on May 19, 2016, a Request for Proposal ("RFP") was issued for towing and impound services for the City, to which Contractor responded; and Whereas, the tow committee comprised of City staff evaluated the proposals and presented their report to Council for consideration at the September 6, 2016 City Council meeting; Whereas, the staff report detailed the evaluation process, explained the evaluations of the proposals, including whether the proposals met the RFP requirements, and recommended awarding contracts to the top two operators; and Whereas, Contractor, participated in a competitive process through the RFP, and together with another towing contractor has been found to provide the best overall value to the City, including having the best qualifications and capability of providing the highest quality, professional towing services for the City of National City; and Whereas, the City of National City desires to have two towing and impound operators perform exclusive towing service within the City of National City and Contractor represents and warrants it is experienced and staffed in a manner such that it is capable and prepared to deliver the services required by the City of National City within the time frames herein provided, all in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, the City of National City and Contractor mutually agree to the terms and conditions as follows: Contract for Towing & Impound Services Oct 1, 2016— Sept 30, 2018 City of National City and Alexandra Investments, Inc., DBA Angelo's Towing & Recovery 288 of 616 1.0 DEFINITION OF TERMS 1.1 Police Tow shall mean the towing of vehicles at the direction of the National City Police Department where the consent of the owner or operator or their agent of the vehicle is not required under existing law. This shall include but is not limited to the towing of motor vehicles that are illegally parked, abandoned, evidence in a criminal investigation, disabled due to collision or mechanical failure (pursuant to Section 22500 of the Vehicle Code) or otherwise subject to the authority of the National City Police Department. 1.2 Police Referral Tow shall mean the towing of a vehicle by the National City Police Department at the request of the vehicle owner, operator, or their agent. Examples include mechanically disabled vehicles, vehicles disabled as a result of collision, or any other circumstances where the public right-of-way is impacted. 1.3 On -Demand Tow means the towing of a vehicle by a towing company that has been requested by the vehicle owner, operator, or their agent, without police involvement. On -Demand tows may include owners or agents of private property landholders who arrange for vehicle towing service from private property without police involvement. If the police department becomes involved in arranging for tow service, the matter is considered a "Police Referral Tow". On -Demand Tows are considered independent services outside the scope of this Agreement. 1.4 Secondary Tow is defined as the impound of a vehicle on orders of police under the authority of California Vehicle Code Sections 22655 or 22655.5 and the vehicle is brought to the National City Police Department for evidence processing. The secondary tow occurs when the police direct the original Contractor to retrieve and store the vehicle on Contractor's property. 1.5 Collision Tow The owner or operator of a vehicle involved in a non -criminal traffic collision may select a tow company of their own choosing. However, if in the opinion of the investigating police officer an unreasonable delay would result, or unnecessary delay would negatively impact access to the public right-of-way, the investigating officer may consider the matter a "Police Tow" and cause the removal of the vehicle. If the vehicle is towed on orders of the investigating officer, the officer shall complete the Vehicle Report (CHP 180), citing 22500 California Vehicle Code as the authority for impound. No special hold or police authorized release is necessary. 1.6 Response Time is defined as the elapsed time between the relaying of the tow service request by the National City Dispatch Center or a City Employee to the Contractor and the arrival of the specific tow truck type requested to fulfill the tow need on scene. Under most situations, a call for field service will be relayed by the Police dispatchers via telephone to the tow contractors. However, there is a need to allow for direct requests to the tow contractor by any NCPD employee. This may be done by phone or in person to either the Contractor's dispatcher or to a tow truck driver that is already on the scene of an NCPD requested tow, when there is a need for additional services. Contract for Towing & Impound Services Oct 1, 2016 — Sept 30, 2018 City of National City and Alexandra Investments, Inc., DBA Angelo's Towing & Recovery 289 of 616 1.7 Dispatch Center is the Police Department's multifunction emergency and non - emergency telephone/radio operators. 1.8 Contract Year is defined as any one year, 365 day period during the term of this Agreement. The first contract year begins on October 1, 2016 and ends on September 30, 2017. The second contract year begins on October 1, 2017 and ends on September 30, 2018. There are two (2) successive years in this Agreement. 1.9 Fee Schedule is defined as the fees charged by Contractor to the owner, operator, or agent of the subject vehicle for various services charged by Contractor. The fee schedule is approved and authorized by a majority vote of the City of National City, City Council. The fee schedule includes itemized charges for numerous towing and storage services including but not limited to hook up fees, dolly fees, daily storage fees, after - hour release fees, etc. The Fee Schedule is Attachment A to this document. Attachment A and the fees may be adjusted as set forth in Section 7.0. 1.10 Towing Program Fee is a fee from Contractor to City and is authorized by California Vehicle Code Section 12110(b). It is defined as a quarterly fee charged to Contractor(s) by the City in connection with the award of a franchise for the towing services for the City. The Towing Program Fee is designed to compensate the City for its actual and reasonable costs incurred by the City to process and administer towing services. The Towing Program Fee may be adjusted during the term of this Agreement as set forth in Section 3.4 of this Agreement. The payment of the Towing Program Fee is set forth in Sections 7.5, 7.6, 7.7, and 7.8. 1.11 Negligent Vehicle Impound Release Fee ("NVIR") is authorized by the City Council. The Negligent Vehicle Impound Release Fee is defined as a fee charged to the owner, operator, or agent of a vehicle that violated certain specified sections of the California Vehicle Code or National City Municipal Code. The NVIR fee is one hundred twenty-four ($124) dollars. The NVIR fee may be adjusted during the term of the agreement as set forth in Section 7.0 of this Agreement. This fee is collected by Contractor on behalf of City. 1.12 S.T.O.P Fee The Serious Traffic Offender Program ("S.T.O.P.") is authorized by City resolution and under the authority of California Vehicle Code Section 22850.5. It focuses on unlicensed drivers and provides for a 30-day impound of vehicles. The fee is one hundred fifty ($150) dollars. The fee off -sets the administrative costs of the program. This fee is charged to the vehicle owner, operator or agent and is collected by Contractor on behalf of City. The S.T.O.P. fee may be adjusted during the term of this Agreement as set forth in Section 7.0. 1.13 30-Day Impound Fee is defined as a percentage fee paid to City by Contractor, when a S.T.O.P. vehicle is held for 30 day storage. This fee is not applicable when the City releases a vehicle prior to the full 30 day period. Nothing in this section is intended to prevent or preclude the early release of a 30 day hold S.T.O.P. vehicle if extraordinary circumstances warrant. The 30-Day Impound Fee will remain at 15% of the amount collected for storage on released vehicles. Contract for Towing & Impound Services Oct 1, 2016 — Sept 30, 2018 3 City of National City and Alexandra Investments, Inc., DBA Angelo's Towing & Recovery 290 of 616 2.0 ADMINISTRATION AND MANAGEMENT OF AGREEMENT 2.1 Agreement Approval This Agreement for towing service shall become effective when the City Council of the City of National City has reviewed and approved the Agreement and it has been fully executed by Contractor. 2.2 Entire Agreement This Agreement supersedes any prior agreements, documents, negotiations and communications, oral or written, and contains the entire Agreement between the parties as to towing and impound services. 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. 2.3 Administration of Agreement Each party designates the below individuals as the "Contract Administrator" for the party. The Contract Administrator is authorized by the party to represent the party in the administration of this agreement. The Contract Administrator shall monitor the progress and execution of this Agreement. The Contract Administrator may delegate duties and responsibilities to subordinates to insure functional management, supervision and operation of this Agreement. Contract Administrator for the City of National City Manuel Rodriguez, Chief of Police National City Police Department 1200 National City Blvd., National City, CA. 91950 (619) 336-4511 Management and Operations Traffic Division Sergeant National City Police Department 1200 National City Blvd., National City, CA 91950 (619) 336-4400 Inspection & Operational Supervision Traffic Division Sergeant National City Police Department 1200 National City Blvd., National City, CA 91950 (619) 336-4420 Contract for Towing & Impound Services Oct 1, 2016 — Sept 30, 2018 4 City of National City and Alexandra Investments, Inc., DBA Angelo's Towing & Recovery 291 of 616 Contract Administrator for Alexandra Investments, Inc., D.B.A. Angelo's Towing & Recovery Nashwan J. Habib Angelo Habib Angelo's Towing & Recovery 1177 S. 26th Street San Diego, CA 92113 2.4 Cooperation and Consultation The designated City employee(s) and Contractor shall regularly consult during the term of this Agreement in order to achieve the objectives of this Agreement. Throughout the term of this Agreement, Contractor shall permit access to its offices, facilities, files and records relating to the operation and management of this agreement. Upon request of the City, the Contractor shall provide copies of files, materials or records relating to the towing, impound, and disposition of any vehicle towed as a result of this agreement. 2.5 Compliance with Applicable Law The Contractor in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. 2.6 Licenses, Permits, Etc. Contractor represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession, and as required in the City's Request for Proposal for this Agreement. The Contractor represents and covenants that the Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this agreement, any license, permit, insurance or approval which is legally required for the Contractor to practice its profession. 2.7 Disputes Except as otherwise provided in this agreement, any dispute concerning a question of fact arising under any term of this Agreement which is not disposed of by this Agreement shall be decided by the Chief of Police who will furnish the decision to the Contractor in writing. Contractor shall proceed diligently with performance of this Agreement pending receipt of the decision of the Chief of Police. The decision of the Chief of Police is final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, arbitrary, capricious or so grossly erroneous as to necessarily imply bad faith. The "Disputes" clause does not and is not intended to preclude consideration of legal questions in connection with decisions provided in the above paragraph. Nothing in this Agreement shall be construed as making final the decision of any administrative official, representative, or council on a question of law. Contract for Towing & Impound Services Oct 1, 2016 — Sept 30, 2018 5 City of National City and Alexandra Investments, Inc., DBA Angelo's Towing & Recovery 292 of 616 2.8 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 County, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The cost of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego County, 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 cost 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. 2.9 Legal Fees If any party brings a suit or action against the other party arising from any alleged 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 from the other party all costs and expenses of suit, including expert and attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorneys' 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. Attorneys' fees to the prevailing party, if other than the City, shall not exceed the amount of attorneys' fees incurred by the City in its prosecution or defense of the action, irrespective of the actual amount of attorneys' fees incurred by the prevailing party. 2.10 Indemnification and Hold Harmless The Contractor agrees to indemnify, defend, and hold harmless the City of National City, its officers, employees, agents, and volunteers against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, defense costs or reasonable attorneys' fees, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, in any way resulting from, related to, or arising out of the Contractor's performance or other obligations under this Agreement. The City will cooperate reasonably in the defense of any action, and Contractor shall employ competent counsel, reasonably acceptable to the City Attorney. The indemnity, defense and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term on this Agreement. Contract for Towing & Impound Services Oct 1, 2016 — Sept 30, 2018 6 City of National City and Alexandra Investments, Inc., DBA Angelo's Towing & Recovery 293 of 616 2.11 Business Records (10650 CVC et seq.) Contractor shall maintain and retain data and records of all tow services furnished, including description of vehicles, nature of service, date, time of notification by City, time of tow truck dispatch, time of arrival of tow truck at scene, location of calls, total itemized charges of towing and storage, and the description of all vehicles towed and/or stored at the initiation of the City. If the vehicle is sold at lien sale, data shall be maintained documenting all liens against the vehicle, monies received as a result of the sale, identification of the purchaser, and the amount of monies forwarded to City and state. All such data and original towing and storage records shall be maintained in an accessible location. The Contractor shall make available and permit the City without notice during normal business hours to audit, examine and make excerpts, copies, or transcripts of all data and records with respect to the towing and storage of vehicles initiated by the City. If Contractor employs, assigns or contracts with a third -party vendor to manage or process the DMV required processing regarding lien sale vehicles, Contractor shall make available all relevant records, data or documents regarding lien sales. Contractor shall waive any privacy rights in order to permit City to inspect, review and copy any relevant record in possession of a third -party vendor. 2.12 Prohibition Against Use of Privileged Information Contractor shall not use for personal gain, transmit, or disclose any privileged or confidential information that is acquired from or obtained as a result of information gathered from the management or operation of this Agreement. For the purpose of this section, "Privileged or Confidential Information" shall include City or police department records unrelated to towing and storage of vehicles, DMV information, or Criminal History information. 2.13 Independent Contractor Contractor shall for all purposes arising out of this Agreement, be an independent contractor. Contractor and employees of Contractor shall not be deemed employees or agents of City. It is expressly understood and agreed that the Contractor and its employees shall in no event, as a result of this Agreement, be entitled to any benefit to which City employees are entitled, including but not limited to overtime, retirement benefits, workers' compensation benefits, injury leave, medical leave, unemployment or any other leave benefits. Neither the City nor its officers, agents or employees shall have any control over the conduct of the Contractor or any of the Contractor's employees except as herein set forth, and the Contractor expressly agrees not to represent that the Contractor or the Contractor's agents, servants, or employees are in any manner agents, servants, and employees of the City, it being understood that the Contractor, its agents, servants, and employees are as to the City wholly independent contractors and that the Contractor's obligations to the City are solely such as are prescribed by this Agreement. Contract for Towing & Impound Services Oct 1, 2016 — Sept 30, 2018 7 City of National City and Alexandra Investments, Inc., DBA Angelo's Towing & Recovery 294 of 616 2.14 Assignment This Agreement contemplates the personal services of the Contractor and the Contractor's employees, and it is recognized by the parties that a substantial inducement to the City for entering into this Agreement was, and is, the professional reputation and competence of the Contractor and its employees. Neither this Agreement nor any interest herein may be assigned by the Contractor without the prior written consent of the City. Nothing herein contained is intended to prevent the Contractor from employing or hiring as many employees as the Contractor may deem necessary for the proper and efficient performance of this Agreement. Contractor has represented it has sufficient staffing to perform pursuant to this Agreement. Contractor agrees it shall not subcontract any towing or impound services. Any other type of work that is subcontracted shall require written consent of the City. All agreements by Contractor with its subcontractor(s) shall require the subcontractor(s) to adhere to the applicable terms of this Agreement. 2.15 Workers' Compensation The Contractor shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar State or Federal acts or laws applicable; and shall indemnify, defend and hold harmless the City and its officers, employees and volunteers from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorneys' fees and defense costs presented, brought or recovered against the City or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the Contractor under this Agreement. 2.16 Non -Discrimination Provision The Contractor will not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The Contractor will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the City setting forth the provisions of this non-discrimination clause. 2.17 Conflict of Interest and Political Reform Act Obligations During the term of this Agreement, the Contractor shall not perform services of any kind for any person or entity whose interest's conflict in any way with those of the City of National City. The Contractor also agrees not to specify any product, treatment, process Contract for Towing & Impound Services Oct 1, 2016 — Sept 30, 2018 8 City of National City and Alexandra Investments, Inc., DBA Angelo's Towing & Recovery 295 of 616 or material for the project in which the Contractor has a material financial interest, either direct or indirect, without first notifying the City of that fact. The Contractor shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The Contractor shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Contractor has a direct or indirect financial interest as defined in Government Code Section 87103. The Contractor represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the City. Contractor further warrants and represents that Contractor will immediately advise the City Attorney if Contractor learns of an economic interest of Contractor's that may result in a conflict of interest for the purposes of the Political Reform Act, and regulations promulgated thereunder. The Contractor shall be strictly liable to the City for all damages, costs or expenses the City may suffer by virtue of any violation of this section by the Contractor. 2.18 Termination of Agreement A. This Agreement may be terminated with or without cause by the City. Termination without cause shall be effective only upon 60-day's written notice to the Contractor. During said 60-day period the Contractor shall perform all services in accordance with this Agreement. B. This Agreement may be terminated immediately by the City for cause in the event of a material breach of this Agreement, misrepresentation by the Contractor in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the City. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the Contractor as provided for in Section 2.21. D. In the event of termination, all finished or unfinished memoranda, reports, plans, specifications and other documents prepared by the Contractor, whether paper or electronic, shall immediately become the property of and be delivered to the City, and the Contractor shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the City by the Contractor's breach, if any. E. The City further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the Contractor; (2) a reorganization of the Contractor for the benefit of creditors; or (3) a business reorganization or change in business status of the Contractor. F. If Contractor is terminated during the period of performance for any of the reasons stated above or is no longer able to perform for any reason, then the City may unilaterally select another tow operator to replace the terminated or no longer performing Contractor. The selection of such other tow operator, and whether to select another tow operator, shall be at the sole discretion of the City. In the event another tow operator is Contract for Towing & Impound Services Oct 1, 2016 — Sept 30, 2018 9 City of National City and Alexandra Investments, Inc., DBA Angelo's Towing & Recovery 296 of 616 selected by the City per this Section, that other tow operator will be required to comply with the same terms of this Agreement or its amendments, including the accepted and adopted fee rate schedule. 2.19 Charges and Fees Contractor is authorized and responsible for the collection of all applicable towing and storage charges, and any fee authorized or required by City to defray costs to City for the management and operation of this agreement, prior to releasing a vehicle. 2.20 Inspection City shall require no less than an annual inspection of Contractor and its facilities to insure conformance and compliance with the provisions of the California Vehicle Code and this agreement. Responsibility for said inspection rests with the National City Police Department Traffic Division Sergeant and/or their designee. Said inspections shall be conducted during normal business hours but may be conducted without prior, advanced notice. Upon completion of inspection, the Traffic Division Sergeant shall submit a written report to the Contract Administrators and/or City staff. 2.21 Notice of Termination 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 of 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 telex, telecopy, facsimile or fax, when sent. Any notices, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CITY: Manuel Rodriguez, Chief of Police National City Police Department 1200 National City Blvd National City, CA. 91950 Contract for Towing & Impound Services Oct 1, 2016 — Sept 30, 2018 10 City of National City and Alexandra Investments, Inc., DBA Angelo's Towing & Recovery 297 of 616 To the CONTRACTOR: Nashwan J. Habib and Angelo Habib Alexandra Investments, Inc., D.B.A. Angelo's Towing & Recovery 1177 S. 26th Street San Diego, CA 92113 3.0 TERM OF AGREEMENT, OPTIONS, AND RE -OPENERS 3.1 Duration The duration of this Agreement shall be for two (2) years with options for extension. 3.2 Relevant Dates This Agreement begins at 0001 hours on October 1, 2016, and terminates at 2400 hours on September 30, 2018. 3.3 Option to Renew The City of National City reserves the option to renew the Agreement up to three (3) successive one (1) year periods under the terms and conditions herein stated, beginning on the anniversary of the commencement of service, including any amendments. The renewal option is at the discretion of the City's Contract Administrator. The renewal is contingent on a mutual agreement between the City and the Contractor, with such agreement to be confirmed by the Contract Administrator within sixty (60) days prior to the expiration of the contract period. The City of National City or the Contractor may decline to confirm the renewal of the Agreement for any reason whatsoever, which shall render the renewal option null and void. The City's initial letter informing the Contractor of the City's interest in exercising its option to renew the contract does not constitute an award of the option period. Any option acceptance must be confirmed by the City of National City in writing, before it becomes valid. The City will not grant an option if the Contractor requests an increase which exceeds the average percentage variant for the previous twelve (12) months in the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) for the National City area, as published by the Bureau of Labor Statistics, or five percent (5%) whichever is less. If a price increase is requested, the Contractor must provide detailed supporting documentation to justify the requested increase. The City will evaluate the requested increase, which the City reserves the right to accept or reject the requested increase. 3.4 Re -Opener Clause - Towing Program Fee After the first twelve consecutive month period of this Agreement, City may review all tow data to determine the actual number of Police and Referral Tows in the preceding twelve-month period and to determine whether the Towing Program Fee warrants Contract for Towing & Impound Services Oct 1, 2016 — Sept 30, 2018 11 City of National City and Alexandra Investments, Inc., DBA Angelo's Towing & Recovery 298 of 616 adjustment. The Towing Program Fees may be adjusted up or down, as determined by City, based upon the actual and reasonable costs incurred by the City to process and administer towing and impound services, which may include, but is not limited to, review of the number of vehicles referred to the Contractor and review of increased costs. If appropriate, City shall consider implementing a per vehicle towing program fee to offset costs incurred by the police department in processing and administering towing services. City may also compare and consider towing program fees charged by other law enforcement jurisdictions in San Diego County for towing services. 3.5 Re -Opener Clause - Fee Schedule After the first twelve consecutive month period of this Agreement, the Contractor may submit to the Chief of Police a request for an increase to the fee schedule set forth in Attachment A, seeking to adjust the fees consistent with the community standard for police towing in San Diego County. The request shall include a comparison of relevant fees in each law enforcement jurisdiction in San Diego County. City shall assist and consult with Contractor to provide Contractor with accurate data. The Chief of Police shall make appropriate comments, recommendations and submit the material for City Council consideration. 3.6 Re -Opener Clause - 30-Day Impound Fee (S.T.O.P.) After the first twelve consecutive month period of this Agreement, City may review all tow data to determine the actual number of S.T.O.P. vehicles held for a 30 day period versus the number of S.T.O.P. vehicles not held for the 30 day period, in the preceding twelve month period, and to determine whether an adjustment is warranted for the 30- Day Impound Fee. The percentage 30-day impound fee may be adjusted up or down based upon the data. 4.0 RESPONSE TIME, EXCEPTIONS AND PENALTY ASSESSMENT 4.1 Response Time Response time is defined as the elapsed time between the relaying of the tow service request by the Dispatch Center or a City Employee to the Contractor and the arrival of the specific tow truck type requested to fulfill the tow need on scene. (For example: NCPD Dispatch phones in a request for a low profile truck to tow an evidence hold vehicle to the underground parking lot of NCPD. The response of a NON low profile tow truck which cannot accommodate towing the vehicle into the underground parking lot of NCPD does not qualify as fulfilling the Response Time requirement.) The Response Time for Towing Service shall not exceed twenty (20) minutes for tows inside the jurisdictional limits of City. Due to the limited number of out of City of National City jurisdiction towing service requests, response times shall be evaluated on an individual basis for towing service requests outside of the jurisdictional limits of City. Complaints or irregularities involving out of jurisdiction towing requests shall be managed between the Contract Administrators. Contract for Towing & Impound Services Oct 1, 2016 — Sept 30, 2018 12 City of National City and Alexandra Investments, Inc., DBA Angelo's Towing & Recovery 299 of 616 The Contractor is expected to dispatch immediately any available tow truck that will fulfill the tow need on scene upon receipt of a towing request. The Contractor is expected to notify the National City Police Dispatch Center when the response time requirement cannot be met. The Police Dispatcher or the officer at the scene will have the discretion to cancel the tow if the response time cannot or is not met and re -dispatch to a Secondary tow Contractor, at no cost to City. "Secondary tow contractor" refers to the next tow company in rotation. 4.2 Response Time Computation Response time is computed from the time the police dispatcher enters the request for a tow into the dispatch CAD system and the Contractor arrives on scene. The on -scene investigating officer shall notify dispatch of the tow truck arrival. The police department computer aided dispatch system shall be the final resolution of any actual time dispute regarding response times. Any failure to record relevant times by the on -duty dispatcher shall not be considered in any penalty assessment. 4.3 Response Time - Penalty Failure to arrive at the requested location within the prescribed response time may result in cancellation of the service request. The secondary tow contractor may be notified. 4.4 Response Time - Penalty Assessment Contractor shall pay a five hundred dollar ($500.00) penalty if more than five percent (5%) of the tows in any calendar month period exceed the maximum response time requirement. This is calculated based on individual tow per any single request by the City for towing services and not average response times. Failure to meet Response Time requirements may result in termination of this Agreement. 5.0 ON -CALL CONTRACTOR AND CONTRACTOR ROTATION SCHEDULE 5.1 Contractor On -Call & Rotation The Contractor on -call rotation shall run, for two contractors - from 0001 hours on the first day of the month to midnight on the 15th day of the month for one contractor and from 0001 hours on the 15th day of the month to midnight on the last day of the month. The Traffic Division Sergeant will do the selection for the on -call rotation at the beginning of each contract year. The Traffic Division Sergeant will select the Contractor rotation by an impartial means agreeable to contractors involved. Should all Contractors not meet an agreement as to means the Traffic Division Sergeant will make the selection, the means will be directed by the Chief of Police and the Chief's decision will be final. Any Contractor selected as the first in the rotation schedule at the beginning of a contract year will begin the first day of the contract. Contract for Towing & Impound Services Oct 1, 2016 — Sept 30, 2018 13 City of National City and Alexandra Investments, Inc., DBA Angelo's Towing & Recovery 300 of 616 It is understood that the number of contractors selected divided into the number of days per month may not result in each contractor having the same number of overall tow days per year. In the event this Contract is extended pursuant to section 3.3 Option for Renewal, the schedule will continue to rotate as reflected. 6.0 GENERAL DUTIES, REQUIREMENTS AND OBLIGATIONS 6.1 Business License Contractor shall at all times during the term of this Agreement retain a valid City Business License in compliance with National City Municipal Code Section 6.04 et seq. Contractor businesses and storage lots located within the jurisdictional limits of the City of National City must conform to all City of National City building ordinances, zoning regulations, land use requirements and must have the approval of the City Planning Department. Contractor businesses and storage lots located outside the jurisdictional limits of the City of National City must conform to all City (if located within an incorporated City) or County (if located within an unincorporated County area) building ordinances, zoning regulations, land use requirements within the jurisdiction of location. 6.2 Contractor Availability - Response to Service Requests Contractor shall be available to promptly respond twenty-four (24) hours a day, seven (7) days a week, including all holidays, consistent with the On -Call and Rotation Schedule, for all requests initiated by City for towing services. Upon award of Agreement, Contractors shall operate a dispatching system. The tow dispatching system shall be sufficiently staffed and equipped to accept all telephone calls, without delay, twenty-four (24) hours a day, seven (7) days a week. Delay is defined as the City or the public receiving no answer after six (6) rings or busy signal to their telephone call. Contractors using paging systems are required to respond to a page within five (5) minutes of the initial page by the City. The City does not currently have plans for adding automated tow dispatching to the existing NCPD dispatch system. Therefore, the City is not requiring any Contractor to purchase equipment to be used to integrate into an automated tow dispatching system. It will be up to the Contractor to ensure they are able to meet the response time requirements of the Contract by whatever means they deem appropriate. Since there are no current plans to add automated tow dispatching to the existing NCPD dispatch system there are no minimum requirements established for such a system upgrade at this time. Contract for Towing & Impound Services Oct 1, 2016 — Sept 30, 2018 14 City of National City and Alexandra Investments, Inc., DBA Angelo's Towing & Recovery 301 of 616 6.3 Contractor Towing Forfeited Vehicles The Contractor shall tow all forfeited vehicles, as ordered by the City. The Contractor shall not drive the forfeited vehicles except to move them within the storage facility. Use of vehicles for personal use or other use not permitted herein is strictly prohibited, and constitutes a material breach of this Agreement. In the event it is found that a towed vehicle is subject to forfeiture, the City shall arrange for the vehicle to be picked up from the Contractor's storage facility and the Contractor shall invoice the National City Police Department for all towing and storage fees. 6.4 Contractor Availability - Vehicle Release Contractor shall be available to release vehicles to their owners, agents or authorized representatives, twenty-four (24) hours a day, seven (7) days a week, including all holidays. 6.5 Business Office Contractor shall maintain a functional business office within the location of the yard used to store police initiated tows. 6.6 Business Office Hours Contractor shall adequately staff their business office in order to remain open and available to meet the public during the normal business office hours. The business office of the Contractor shall be located within the storage yard for which a towed vehicle is located and be open to serve the public and the City from 0800 to 1800 hours, Monday through Friday, except for City observed holidays. City observed holidays are: New Years Day, Dr. Martin Luther King Jr.'s Birthday, Caesar Chavez Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and the Friday after, and Christmas Eve and Christmas Day. 6.7 Contractor's Employees All drivers must maintain a professional appearance. Staff shall work in a neat and clean uniform. The Contractor shall furnish staff with a shirt or some other type of outerwear bearing the company name and logo. Appropriate clothing will be worn at all times including by employees that are being trained. All employees will conduct themselves in a professional manner when interacting with the public or City employees. Within ten (10) days of award, Contractor shall provide the National City Police Department Traffic Division Sergeant with the names of all employees that will be assigned to the Agreement. Drivers and other employees associated with the processing and removal of vehicles shall be subject to a complete background investigation. The Contractor will notify, within ten (10) days, National City Police Department Traffic Division Sergeant whenever an employee is terminated or a new employee is hired that is Contract for Towing & Impound Services Oct 1, 2016 — Sept 30, 2018 15 City of National City and Alexandra Investments, Inc., DBA Angelo's Towing & Recovery 302 of 616 assigned to perform duties under the Agreement or may have access to vehicles impounded pursuant to police request. Contractor shall ensure that all tow truck drivers responding to calls initiated by the City are properly licensed, qualified and competent employees. The Contractor shall ensure all tow truck drivers are trained and proficient in the use of the tow truck and related equipment, including, but not limited to, the procedures necessary for the safe towing and recovery of ALL vehicles. All tow truck drivers shall possess the proper class license and certificates for towing vehicles, along with a Class 'A' endorsement to allow operation of special vehicle configurations and/or special cargos. Contractor's employees shall be qualified to perform all work undertaken by or assigned to them. In the event a driver or the equipment is inadequate and the Contractor is unable to service the request, a charge for service or labor will not be permitted. Contractor shall have all tow truck drivers involved with NCPD's rotation tow operations participate in a controlled substance and alcohol testing (CSAT) program. 1) Drivers requiring a Class A, Class B, or commercial Class C license (endorsed for hazardous materials transportation) shall participate in a CSAT program as defined in the Code of Federal Regulations, Title 49, Parts 40 and 382. 2) Those drivers that are not required to possess a Class A, Class B, or commercial Class C license shall be enrolled in a CSAT program substantially similar to the requirements as outlined in Section 1) above. 3) The Contractor shall ensure selection pools for commercially and non - commercially licensed drivers are maintained separately. The Contractor shall provide proof records of their CSAT programs to NCPD. 4) A driver possessing a non-commercial driver's license who tests positive but subsequently returns with a negative test result shall meet the same reinstatement requirements as a driver required to possess a commercial driver's license. 6.8 Signs In compliance with California Civil Code Section 3070 (E), Contractor shall display inside the business office, in plain view at the cashier's station, a sign. Said sign shall not be less than 17 by 22 inches in size, with lettering not less than one inch in height, disclosing all storage fees and charges in force, including the maximum daily storage rate. Posting of the Fee Schedule (Attachment A) in the appropriate size and lettering complies with CCC Section 3070 (E). Additionally, Contractor is required by California Vehicle Code Section 22850.3 (b) to display in a conspicuous place a notice to the effect that a vehicle impounded at the direction of the Police Department may only be released upon proof of current registration. Said notice must include the name and telephone number of the local police agency that caused the vehicle to be stored. Contract for Towing & Impound Services Oct 1, 2016 — Sept 30, 2018 16 City of National City and Alexandra Investments, Inc., DBA Angelo's Towing & Recovery 303 of 616 6.9 Method of Payment - Towing or Storage Charges (22651.1 CVC) At a minimum, Contractor shall accept a valid bank credit card or cash for payment of towing and storage by the registered owner, legal owner, or the owner's agent claiming the vehicle. Pursuant to California Civil Code Section 1748.1, Contractor shall not impose a surcharge on a cardholder who elects to use a credit card in lieu of cash for payment of any fees pursuant to this Agreement. In addition, Contractor shall have sufficient funds on the premises to accommodate and make change in a reasonable monetary transaction. 6.10 Storage of Vehicles; City, Seized Contractor shall immediately provide written notice to the National City Police Department Traffic Unit whenever a city vehicle or seized vehicle is stored in excess of forty-eight (48) hours. Failure to provide the required written notification to the City may result in forfeiture of Contractor's right to storage fees. The Contractor shall provide invoices to the National City Police Department Operations Assistant for the towing of each City owned and each seized vehicle. The invoices shall include the description of the vehicle, the date, time, origin, and disposition of the towed vehicle, name and identification number of City employee authorizing the tow and/or storage, the mileage starting and finishing at destination, and an itemized cost of services provided (mileage, number of storage days) commensurate with the attached rate schedule. Invoices shall be delivered to the National City Police Department Operations Assistant no later than the fifteenth (15th) of the month following services rendered. City shall make payment for services rendered on a monthly basis from month previous. 6.11 Removal from Private Property Pursuant to California Vehicle Code Section 22658(h), a towing company may impose a charge of not more than one-half of the regular towing charge for the towing of a vehicle at the request of the owner of private property or that owner's agent pursuant to this section if the owner of the vehicle or the owner's agent returns to the vehicle before it is removed from private property. The regular towing charge may only be imposed after the vehicle has been removed from the property and is in transit. Pursuant to sub -section (i) (2), if a vehicle is released within 24 hours from the time the vehicle is brought into the storage facility, regardless of the calendar date, the storage charge shall be for only one day. Not more than one day's storage charge may be required for any vehicle released the same day that it is stored. 6.12 Notice to City - Private Property Impounds In addition to the requirements set forth in California Vehicle Code Section 22658, Contractor agrees to notify the National City Police Department of all vehicle impounds from private property, within the jurisdictional limits of City, that result in storage of the vehicle. Notice shall include but not be limited to a complete description of the vehicle including the vehicle identification number, location of impound and name of property owner or agent who authorized the impound. Notice shall occur within one hour of taking Contract for Towing & Impound Services Oct 1, 2016 — Sept 30, 2018 17 City of National City and Alexandra Investments, Inc., DBA Angelo's Towing & Recovery 304 of 616 possession of the vehicle. Generally, private property impounds are considered On - Demand Tows. 6.13 Gratuities (12110 CVC) Contractor or Contractor's employees shall not offer or provide City, and no City employee shall accept any direct or indirect commission, reduced fee, gift, recreation, favors, seasonal gratuity, or any compensation whatsoever from Contractor. No City employee shall offer or provide Contractor with any gift, recreation, favor, seasonal gratuity, or any compensation whatsoever. No City employee is permitted to purchase a lien sold vehicle from Contractor that resulted from a police initiated tow or referral tow. City employees shall not purchase any vehicle or vehicle part from Contractor for a reduced fee or a fee below the prevailing rate as determined by industry standards. The intent of this section is to avoid the mere appearance of impropriety involving the contractual relationship. Contractor or Contractor's employees are prohibited from accepting any money or anything of value from a repair shop for delivery or the arranging of a delivery of a vehicle for the purpose of storage or repair. Nothing in this section is intended to preclude Contractor from charging a repair shop appropriate towing fees pursuant to the Fee Schedule. No benefit provided to City by Contractor, or benefit provided to Contractor by City, as defined in the terms and conditions of this Agreement that resulted from the process of negotiations, shall be considered a gift or gratuity within the meaning of this section. 6.14 Tow Truck Driver - On -Scene Duties Upon arriving on -scene of a police initiated tow, the Contractor's employee shall report to the investigating Peace Officer in charge. The officer -in -charge shall make every reasonable effort to inform Contractor's employee of any unusual circumstance or hazardous condition reasonably known to the officer. Contractor's employee shall make every reasonable effort to inform the officer -in -charge of any unusual circumstance or hazardous condition undetected by the officer -in -charge. The officer -in -charge may request additional towing services from the Contractor's employee and the officer -in - charge shall have the authority to waive the Response Time requirements for additional services based on the on -scene needs. Contractor's employee shall make every reasonable effort to comply with instructions or directions provided by the officer -in - charge. Contractor's employee may make any emergency alterations reasonably required to safely move and/or impound vehicles. Contractor shall be responsible for removing and appropriately disposing of collision related debris from the public right-of-way to ensure public safety. Contractor shall also remove or render inert any liquid debris that may reasonably be considered a safety hazard to the public -right-of-way. If the removal of any type of debris or hazardous material is beyond the capability of Contractor, Contractor's employee shall inform the officer -in -charge so accommodations can be made. Contract for Towing & Impound Services Oct 1, 2016 — Sept 30, 2018 18 City of National City and Alexandra Investments, Inc., DBA Angelo's Towing & Recovery 305 of 616 6.15 Access to Stored Vehicles During regular business hours, Contractor shall make vehicles stored at the request of City available to that vehicle's registered owner, a person who can be verified to be the registered owner's agent, insurance agents, insurance adjusters, or representatives of automotive repair businesses for the purpose or estimating or appraising damages. 6.16 Access to Stored Vehicles — Removal of Private Property Pursuant to California Vehicle Code Section 22851(b), no lien shall attach to any personal property in or on the vehicle. The personal property in or on the vehicle shall be given to the current registered owner or the owner's authorized agent upon demand. The lien holder shall not be responsible for personal property after any vehicle has been disposed of pursuant to Division 11, Chapter 10 of the California Vehicle Code. Pursuant to California Civil Code Section 3068.1, the lien is deemed to arise on the date of possession of the vehicle. Possession is deemed to arise when the vehicle is removed and is in transit. 6.17 Access to Evidentiary Vehicles Vehicles impounded by City for investigative purposes pursuant to California Vehicle Code Sections 22655 or 22655.5 shall be held in maximally secured, nonpublic areas of Contractor's property, until the vehicle is released by order of City or in conformance with section 8.3 of this Agreement. No person other than a Police Officer, Reserve Police Officer, Field Evidence Technician, Property & Evidence Unit employee or Crime Scene Specialist employed by City shall remove any property or other contents from evidentiary vehicles. Property removed from such vehicles shall be recorded as removed on the content inventory and the content inventory dated and signed by the Police Officer, Reserve Police Officer, Field Evidence Technician, Property & Evidence Unit employee or Crime Scene Specialist removing the property and by a representative of the Contractor. 6.18 Invoices All invoices for towing and impounds pursuant to this Agreement shall clearly and individually itemize each and every specific charge or fee type. Daily storage fees shall be itemized on a per day basis, for example: 10 days storage @ $ per day. All itemized City fees of all types shall be documented on the invoice. The customer shall be provided no less than one copy of the invoice, after all fees have been paid and the invoice marked "Paid. ,, 6.19 Vehicle Impound Control Card (PD form 250) A Vehicle Impound Control Card (PD Form 250) shall be completed when a police hold is placed on a towed vehicle. The impounding officer shall obtain a case number and enter the case number on the control card before giving the tow truck driver a copy of the control card. Contract for Towing & Impound Services Oct 1, 2016 — Sept 30, 2018 19 City of National City and Alexandra Investments, Inc., DBA Angelo's Towing & Recovery 306 of 616 Contractor shall not be liable for uncollected City S.T.O.P. fees when the Vehicle Impound Control Card (PD Form 250) is not properly completed by the impounding officer. PD Form 250 shall contain the lawful authority to impound pursuant to the California Vehicle Code. However, the impounding officer may elect to use the words "Admin Fee Applies" listed in the OTHER section of the form. 6.20 Proceeds from Lien sale In conformance with California Civil Code Section 3073 and California Vehicle Code Section 22850.5, the proceeds from the lien sale of any vehicle impounded pursuant to the Negligent Vehicle Impound Release (NVIR) program or the Serious Traffic Offender Program (S.T.O.P.) shall be distributed in the following order: 1. Any and all costs necessary to discharge the lien, including but not limited to impound and storage fees, and the costs of processing the vehicle for lien sale shall be paid to the (lien holder) Contractor. 2. Any and all City administrative fees, including individual fees or any partial fees associated with the S.T.O.P. and/or NVIR programs, shall be paid to City. Any partial fees recovered by City, resulting from the lien sale, shall first be attributed to the S.T.O.P. program. 3. The balance, if any, shall be forwarded to the California Department of Motor Vehicles for deposit in the Motor Vehicle Account in the State Transportation Fund. 7.0 FEES 7.1 Fee Schedule Attachment A to this Agreement provides a complete schedule of all charges and fees the Contractor will be authorized to collect from consumers for towing, impound, and storage services rendered on behalf of City. The Attachment A rate schedule shall remain in place unless and until amended by the City Council of the City of National City, pursuant to section 3.5 Re -Opener - Fee Schedule, of this Agreement. The schedule of rates charged by the operator shall be available in the tow truck, and shall be presented upon demand to person(s) for whom the tow services were provided, or his/her agent, or any representative of the City at the scene. In the event of a significant or substantial increase in operating expenses, which was not caused by any action of the Contractor, a temporary surcharge may be added in the current rates for any and all of the services provided pursuant to this agreement. The Contractor shall petition the City for the increase in towing and storage rates and provide supporting documentation. Any surcharge is subject to approval by the City. Rate changes may be sought and approved at the discretion of the City. This process may be instituted by routine cost of service evaluation by the City or by request of the Contractor. It is understood that there may be a need for rate changes during the term of Contract for Towing & Impound Services Oct 1, 2016 — Sept 30, 2018 20 City of National City and Alexandra Investments, Inc., DBA Angelo's Towing & Recovery 307 of 616 the Contract. Therefore, during the term of the Contract, should any Contractor make a request for rate changes, the Contract Administrator will forward the request appropriately for consideration. No rate adjustments will be considered without City Council approval. Any cost -of -living increase to the tow rates shall be calculated from the Consumer Price Index (CPI) as published for the first quarter of each calendar year. In any year in which this index is not available, the City shall ascertain and utilize some similar criterion and establish, retroactively, a figure for the computation. Any increase in the City Standard Rates will trigger a proportional increase in the City's Towing Program Fee beginning of July 1st of each contract year. 7.2 Secondary Tow Fees Secondary towing fees are the responsibility of the vehicle owner, operator or agent. If it is determined that City is liable for the secondary tow fees, Contractor shall charge City 50% of the Basic Tow Fee for Secondary Tows, if applicable. No storage fees shall accrue while the subject vehicle is in the actual possession of the National City Police Department. Police personnel shall not release a vehicle from the National City Police Department until all Contractor fees have been paid to Contractor by the vehicle owner, operator or agent. In the event a vehicle is released from the police department and Contractor fees were not paid, City shall be liable for the full fee. 7.3 City Vehicle Tow Fees Contractor agrees not to charge City a fee for the towing of marked or unmarked City police vehicles whether the tow resulted from mechanical breakdown or collision within the jurisdictional limits of National City. Contractor shall charge City 25% of the Basic Tow Fee for the towing of all other City vehicles whether the tow resulted from mechanical breakdown or collision within the jurisdictional limits of National City. Fees for all City vehicle tows including police vehicles, which occur outside the jurisdictional limits of National City, shall be resolved between the Contract Administrators but shall not exceed 25% of the basic tow fee. 7.4 Fees - Police Department Errors and Omissions When any vehicle has been directed by the City to be towed and it is established that the tow was in error through a mistake of fact, Contractor shall release the vehicle to its owner, operator or agent at no cost. Contractor shall bill City at no more than 50% of the basic tow fee. If an error by City results in a vehicle being stored longer than it can reasonably be established that it should have been, Contractor shall release the vehicle and bill the owner, operator or agent only those storage charges that would have accrued if no error Contract for Towing & Impound Services Oct 1, 2016 — Sept 30, 2018 21 City of National City and Alexandra Investments, Inc., DBA Angelo's Towing & Recovery 308 of 616 had occurred. Contractor shall bill City storage fees at no more than $2.50 per day for every day beyond the owner, operator or agent's responsibility. If the error in towing or storage is discovered after the vehicle owner, operator or agent recovers the vehicle and all fees have been paid to Contractor, the owner, operator, or agent may be referred to the City Clerk, City of National City to file a Claim for Damages against City. 7.5 Towing Program Fee The total annual Towing Program Fee due to the City shall be one hundred twenty-two thousand five hundred twenty dollars ($122,520.00), divided equally amongst the tow operators awarded contracts, and paid quarterly. Contractor shall make quarterly Towing Program Fee payments to City for the right to provide towing and storage service to City. The minimum Towing Program Fee payment amount per Contractor, when two contractors have been awarded, shall be fifteen thousand three hundred fifteen dollars ($15,315.00) per quarter. The Towing Program Fee shall be payable for a period of two (2) years subject to adjustments as defined in Section 3.4 - Re -Opener Clause — Towing Program Fee. The Towing Program fee shall continue in the above described manner in the event of a Contract extension renewal. 7.6 Towing Program Fee - Due Date The Towing Program Fee payment shall be due and payable no later than the fifteenth (15th) day of the calendar month following the end of each quarter, pursuant to the following schedule: First Contract Year; Quarter End Dates 1st Quarter — January 15, 2017 2nd Quarter — April 15, 2017 3rd Quarter — July 15, 2017 4th Quarter — October 15, 2017 Second Contract Year; Quarter End Dates 1st Quarter — January 15, 2018 2nd Quarter — April 15, 2018 3rd Quarter — July 15, 2018 4th Quarter — October 15, 2018 7.7 Towing Program Fee - Late Fee Any amount owed to the City more than fifteen (15) calendar days beyond the due date, shall be considered delinquent and will be in breach of contract. Failure to pay any amount owed to the City may result in the Contractor being suspended from the contract until such amount is paid. Interest will be charged on unpaid amounts at an annual rate Contract for Towing & Impound Services Oct 1, 2016 — Sept 30, 2018 22 City of National City and Alexandra Investments, Inc., DBA Angelo's Towing & Recovery 309 of 616 equal to twelve (12%) percent per annum, or at the maximum rate permitted by applicable law, whichever is lower. Partial payments will not be accepted. 7.8 Towing Program Fee - Payments The Towing Program Fee is payable to "City of National City." Payments shall be directed as follows: Operations Assistant National City Police Department 1200 National City Blvd National City, CA 91950 Upon receipt and no later than five days from receipt, the Operations Assistant shall record and account for the Towing Program Fee payment consistent with the terms of this agreement and forward the payment to the City Finance Department for deposit in Revenue Account Number 001-11000-3558. 7.9 Negligent Vehicle Impound Release (NVIR) Fee The Negligent Vehicle Impound Release Fee shall be an amount established by City. Said fee is one hundred twenty four ($124) dollars. The NVIR fee is recognized as a necessary and effective method of generating those revenues necessary to off set program costs, services and facilities. The NVIR fee applies only to vehicles released by Contractor for violating certain sections of the California Vehicle Code (CVC) and/or the National City Municipal Code (NCMC). See Attachment B for a list of applicable sections. 7.10 NVIR Fee - Collection Contractor shall collect the NVIR fee of one hundred twenty four ($124) dollars per vehicle, upon the release of any vehicle impounded pursuant to the above listed California Vehicle Code sections. Contractor shall remit the collected fees to City pursuant to the below listed payment schedule. The collected NVIR fees shall be properly identified and itemized. 7.11 NVIR Fee - Payment Due Date NVIR fees collected by Contractor shall be due and payable to City no later than the fifth (5th) day of each month and the twentieth (20th) day of each month. Payments due on the fifth (5th) day of each month shall include and account for all vehicles released by Contractor between the sixteenth (16th) day of the month, and the last day of the month, (inclusive). Payments due on the twentieth (20th) day of the month shall include and account for all vehicles released by Contractor between the first (1st) day of the month and the fifteenth (15th) day of the month, (inclusive). Contract for Towing & Impound Services Oct 1, 2016 — Sept 30, 2018 23 City of National City and Alexandra Investments, Inc., DBA Angelo's Towing & Recovery 310 of 616 7.12 NVIR Fee -Payments The NVIR Fee is payable to "City of National City." Payment shall be directed as follows: Operations Assistant National City Police Department 1200 National City Blvd National City, CA 91950 Upon receipt and no later than five days from receipt, the Operations Assistant shall record and account for the NVIR Fee payment, consistent with the terms of this agreement and forward the payment to the City Finance Department for deposit in Revenue Account Number 001-04049-3551. 7.13 NVIR Fee Payment - Late Fee Any amount owed to the City more than fifteen (15) calendar days beyond the due date, shall be considered delinquent and will be in breach of contract. Failure to pay any amount owed to the City may result in the Contractor being suspended from the contract until such amount is paid. Interest will be charged on unpaid amounts at the maximum rate permitted by law. Partial payments will not be accepted. 7.14 Serious Traffic Offender Program (S.T.O.P.) Impound Fee The Serious Traffic Offender Program Fee shall be an amount established by City. Said fee is one hundred fifty ($150) dollars. The S.T.O.P. fee is recognized as a necessary and effective method of generating revenues necessary to off set program costs, services and facilities. Vehicles impounded by City pursuant to the S.T.O.P. program shall be released by City, upon expiration of a 30 day hold and shall only be released by City upon a showing of proof that the owner, operator or agent has a valid driver's license. Contractor shall collect S.T.O.P. fees prior to the actual release of the vehicle. Contractor shall remit the collected S.T.O.P. fees to City pursuant to the below listed payment schedule. The S.T.O.P. fees shall be properly identified and itemized. The S.T.O.P. fee applies only to vehicles impounded pursuant to certain California Vehicle Code Sections. (See Attachment C for a list of applicable sections.) 7.15 S.T.O.P. Impound Fees - Due Date S.T.O.P. program fees collected by Contractor shall be due and payable to City no later than the fifth (5th) day of each month and the twentieth (20th) day of each month. Payments due on the fifth (5th) day of each month shall include and account for all vehicles released by Contractor between the sixteenth (16th) day of the month, and the last day of the month, (inclusive). Payments due on the twentieth (20th) day of the month shall include and account for all vehicles released by Contractor between the first (1st) day of the month and the fifteenth (15t) day of the month, inclusive. Contract for Towing & Impound Services Oct 1, 2016 — Sept 30, 2018 24 City of National City and Alexandra Investments, Inc., DBA Angelo's Towing & Recovery 311 of 616 7.16 S.T.O.P. Fee -Payment The S.T.O.P. program fee is payable to "City of National City." Payment shall be directed as follows: Operations Assistant National City Police Department 1200 National City Blvd National City, CA 91950 Upon receipt and no later than five days from receipt, the Operations Assistant shall record and account for the S.T.O.P. fees consistent with the terms of this agreement. The S.T.O.P. fee of one -hundred fifty ($150) dollars per vehicle shall be divided and deposited with the City Finance Department as follows: Amount Revenue Account Number $125.00 191-11000-3550 $ 25.00 001-11000-3550 7.17 S.T.O.P. - Late Fee Any amount owed to the City more than fifteen (15) calendar days beyond the due date, shall be considered delinquent and will be in breach of contract. Failure to pay any amount owed to the City may result in the Contractor being suspended from the contract until such amount is paid. Interest will be charged on unpaid amounts at an annual rate equal to twelve (12%) percent per annum, or at the maximum rate permitted by applicable law, whichever is lower. Partial payments will not be accepted. 7.18 S.T.O.P.; 30-Day Vehicle Impound Fees Pursuant to the Serious Traffic Offender Program certain vehicles are impounded and held in impound for thirty (30) days. Said vehicles accrue Contractor's daily storage fees according to the attached Fee Schedule. In addition to any other administrative fees herein identified, Contractor shall pay CITY, fifteen (15%) percent of the total storage fee, when the vehicle is held for 30 days and subsequently released to the vehicle owner, operator or agent. Any revenue recovered as a result of this section shall be used to defray and off set police costs associated with the operation of the S.T.O.P. program. This fifteen (15%) percent fee shall not apply to S.T.O.P. vehicles not held for the 30-day period. This fee shall apply to the lien sale process, consistent with section 6.17 of this Agreement. 7.19 30-Day Impound Fees - Due Date and Payment Revenue received as a result of section 7.18 shall be distinguished from any other administrative fee or revenue and shall be due and payable consistent with sections 7.15 through 7.17. Any proceeds received from the S.T.O.P. 30-Day Vehicle Impound shall be deposited into Revenue Account Number 191-110003550. Contract for Towing & Impound Services Oct 1, 2016 — Sept 30, 2018 25 City of National City and Alexandra Investments, Inc., DBA Angelo's Towing & Recovery 312 of 616 8.0 VEHICLE RELEASE 8.1 General Rule - Vehicle Release As a general rule, Contractor shall be responsible for the release of all vehicles in Contractor's possession as a result of police initiated or referral tows. 8.2 Exceptions to General Rule Vehicles impounded pursuant to the following California Vehicle Code Sections shall not be released by Contractor. Contractor shall refer the vehicle owner, operator or agent to the police department to obtain a release: 1. 14602.6 - S.T.O.P. Program 2. 22651 (i) - Five or more Parking Citations 3. 22655 - Hit & Run Investigation 4. 22655.5 - Evidentiary Reasons 5. And as otherwise required by the California Vehicle Code 8.3 Hit & Run Investigation - Mandatory Release 22655(b) CVC Any vehicle impounded for hit & run investigation (20002 thru 20006 CVC), pursuant to the authority of California Vehicle Code Section 22655, shall be released within 48 hours after removal from highway or private property. When determining the 48 hour period, weekends, and holidays shall not be included. Any vehicle not released by City within the maximum 48 hour period, shall be released by Contractor upon demand of the vehicle owner, operator or agent upon the expiration of the 48 hour period, regardless of City hold status. 8.4 Questions, Problems, or Controversy Associated with Vehicle Release In the event Contractor experiences problems, questions or controversy associated with a customer demanding the release of a police initiated or referral tow, Contractor shall notify the police department. Additionally, if Contractor discovers a questionable DMV document, an officer shall be dispatched to resolve the problem. 8.5 Expert Training - DMV Document Identification During the term of this Agreement and at Contractor's request, City may provide Contractor, Contractor's employees, and new employees with training in the identification and recognition of all relevant California Department of Motor Vehicles documents including but not limited to California Drivers License and California Vehicle Registration documents. A recognized expert employed by the California Depat tuient of Motor Vehicles shall conduct training. Training shall include but not be limited to recognition and identification of counterfeit, altered, or forged California Driver's License and California Registration and Title Certificates. The Contract Administrators shall coordinate date, time and location of training. Contract for Towing & Impound Services Oct 1, 2016 — Sept 30, 2018 26 City of National City and Alexandra Investments, Inc., DBA Angelo's Towing & Recovery 313 of 616 9.0 MINIMUM TRUCK EQUIPMENT and STORAGE LOT REQUIREMENTS At all times during the term of this Agreement, Contractor shall meet the following minimum tow truck equipment requirements and storage lot requirements: 9.1 Minimum Tow Truck Requirements During the term of this Agreement, Contractor shall have available no less than three tow rigs of at least one -ton capacity. Each tow rig shall have dual rear wheels. Each vehicle used for towing police impounds shall have a manufacturer's gross vehicle weight rating (GVWR) of not less than 14,500 pounds. During the term of this Agreement, Contractor shall have a tow rig capable of towing large, oversize vehicles; including Class B (minimum 26,001 GVWR), Class C (minimum 48,000 GVWR), and Class D (minimum 52,000 GVWR). During the term of this Agreement, Contractor shall have a truck with Landoll type trailers acceptable for Class C and Class D towing. In addition, during the term of this Agreement, Contractor shall have available one tow rig, commonly known as a "Sub -Garage Tow Vehicle," capable of entering and removing impounded vehicles from the underground parking garage of the National City Police Department. The sub -garage tow vehicle is a limited use vehicle and does not require dual wheels or a GVWR of 14,500 pounds. Contractor shall have a vehicle capable of towing/recovery from off road areas. 9.2 Minimum Tow Truck Equipment Requirements Each tow truck responding to requests for police initiated towing and impound services shall be equipped with radio communications equipment capable of effecting two-way radio communications between the tow truck operator and Contractor's dispatching operation. Citizen Band radios shall not be used to meet this requirement. Each tow truck shall have a maximum 8,000 pound capacity winch that is power driven by power takeoff from transmission, in both directions, and equipped with safety dogs or an adequate braking system. Winches must be fitted with a minimum of 100 feet of cable for recovery tasks. Roll back car carriers must be fitted with a minimum of 50 feet of cable. All cable (wire rope) must be maintained in good condition. Only wire rope with swaged ends, wedge locks or braided ends, with metal sleeves in the loops shall be approved for use under the terms of this agreement. Consistent with the California Code of Regulations, Title 13, Section 1305(b), wire rope is not in good condition when it is stranded, knotted, crushed, excessively rusted, kinked, badly worn, when there are 12 or more wires broken in lay length, or where there is other visible evidence of loss of strength. Contractor shall maintain dollies for use by in-service tow trucks providing police towing services to City. Each tow truck, with the exception of slide back carriers, shall carry its own set of dollies. Each tow truck shall be equipped with no less than two safety chains. No less than two safety chains shall be used for each vehicle being towed. Each safety chain shall be rated Contract for Towing & Impound Services Oct 1, 2016 — Sept 30, 2018 27 City of National City and Alexandra Investments, Inc., DBA Angelo's Towing & Recovery 314 of 616 at no less than the rating specified by the original equipment manufacturer (OEM). The safety chains shall be securely affixed to the bed frame or wrecker boom, independent of the towing sling, bar, hitch, wheel lift, or under lift towing equipment. The towed vehicle shall be secured to the towing equipment independent of the safety chains by either two chains or two straps. All safety connections and attachments shall have a positive means, of sufficient strength, to ensure that the safety connection or attachment cannot become disengaged while in transit. Vehicles being transported on slide back carriers shall be secured by four tie down chains or straps, independent of the winch or loading cable. In addition to the requirements set forth in California Vehicle Code Section 27700, City requires Contractor to equip each tow truck with red flares, lanterns or reflectors, hand tools (screw drivers, pliers, ratchet and sockets, crescent wrenches, metric and standard lug wrenches), bolt cutters, six foot crowbar, rope, broom, shovel, dustpan, fire extinguisher (dry chemical or carbon dioxide type), utility flood lamps, portable red taillights and stoplights for towed vehicles, equipment for opening locked vehicles, safety snubber chains, and a trash can with absorbent material. Each tow truck shall be equipped with disposable (one time use) latex or rubber gloves for use by Contractor's employees to prevent contamination or contact with potential blood borne pathogens. The decision to use said equipment rests solely with Contractor. 9.3 Tow Truck Identification Each tow truck responding to police initiated towing and impound services shall, on both sides of the vehicle, conspicuously bear Contractor's company name, local address, and local phone number(s) in lettering that complies with California Vehicle Code Section 27907. 9.4 Tow Truck Lighting Equipment Each tow truck responding to police initiated towing and impound services shall be equipped with lighting systems as required by California Vehicle Code Sections 24605, 24606 and 25253. Additionally, tow trucks shall be equipped with utility lamp lighting systems than comply with California Vehicle Code Section 25110. 9.5 California Highway Patrol Inspection Certification During each year of this Agreement, Contractor shall obtain and retain an annual California Highway Patrol (CHP) tow truck safety inspection certification. Contractor shall annually be able to show proof that every vehicle in each category required for service under this Agreement providing services to the City has passed a CHP tow truck safety inspection. Tow trucks not passing inspections or meeting the requirements of this section shall immediately be removed from rotation. The tow truck may return to rotation once the truck has successfully passed a re -inspection by the original inspecting agency. Nothing in this section is intended to prevent, or preclude the National City Police Department from performing periodic unscheduled inspections to insure compliance with the requirements of the California Vehicle Code and this Agreement. Contract for Towing & Impound Services Oct 1, 2016 — Sept 30, 2018 28 City of National City and Alexandra Investments, Inc., DBA Angelo's Towing & Recovery 315 of 616 9.6 Tow Truck Maintenance Each tow truck responding to police initiated towing and impound services shall be well maintained and reasonably clean on the exterior and interior and should reflect the clean, professional image of the City of National City. 9.7 Storage Lot, Minimum Requirements There shall be a minimum of one (1) vehicle storage yard within a ten (10) mile radius from City Hall, 1243 National City Boulevard, National City, with adequate storage capabilities for all vehicles retrieved from the City and requiring storage. The Contractor shall identify the exact location and size of any storage yards to be used pursuant to this contract. The storage yard shall be approximately 10,000 sq. ft. and have space necessary to accommodate all Police Department tows and comply with all applicable Building Codes and Zoning Regulations (including but not limited to: Fire, Sign, Zoning, and Building Codes). There shall also be the following: 1. Be completely enclosed by an 8-foot solid high fence with a lockable gate. Construction of the fence and gates must be of sufficient construction to prevent entry into the storage area of unauthorized persons or vehicles. 2. Alarms and intrusion sensors that provide immediate notification capabilities at all times or similar devices or security measures. 3. Sufficient lighting to detect unauthorized entrance at night. 4. The storage yard shall be served by drainage facilities adequate to prevent the accumulation of standing water. The vehicle storage area must remain free of mud, pools of standing water, debris, or other elements that would be harmful to the stored vehicle, vehicle contents, or to persons viewing, inspecting or recovering the vehicles. The vehicle storage area, including all driveways and access roads, shall be surfaced in a manner so as to prevent the listed conditions. An acceptable surface includes concrete, asphalt, asphaltic concrete, or decomposed granite with oil. 5. All areas open to vehicular traffic shall be paved with cement, asphalt surfacing or oil and aggregate mixture. 6. The entire site is to be continuously maintained to prevent accumulation of trash, combustible waste, and hazardous debris. 7. The storage yard must be a reasonable distance from public transportation. 8. Stored vehicles shall be arranged to provide reasonable and immediate inspection at any time by the City's agents. Contract for Towing & Impound Services Oct 1, 2016 — Sept 30, 2018 29 City of National City and Alexandra Investments, Inc., DBA Angelo's Towing & Recovery 316 of 616 The Contractor shall provide service to the public twenty-four (24) hours a day, seven (7) days a week so that an owner may pay towing and storage fees at the Storage Yard where their vehicle is stored and obtain its release. The Contractor is responsible for the reasonable care, custody, security, and control of any property contained in towed or stored vehicles. All items removed from a vehicle or left stored within the vehicle shall be released to the owner or agent of the impounded vehicle upon demand during normal business hours unless the vehicle is under law enforcement Hold. Vehicles may not be taken off -site of the Storage Yard, without the City's permission. 9.8 Minimum Lighting Requirements - Storage Lot There must be adequate lighting, and all yard and office construction must comply with applicable building codes, fire codes, and zoning regulations. The minimum lighting requirements per ten thousand (10,000) square feet are in effect unless zoning or other local regulations dictate increased or diminished lighting requirements: 1. Four (4) 300-Watt incandescent medium -wide flood lights, or 2. Three (3) 300-Watt quartz halogen lights, or 3. Two (2) 100-Watt high-pressure sodium lights. 9.9 Vehicle Examination Area Contractor will set aside an area of sufficient size to place a standard sized passenger sedan and have a minimum of forty-eight (48") inches from each side, the front, and rear of the vehicle for the purpose of inspecting the vehicle. This examination area must be flat, level, and paved with concrete, asphalt or asphaltic -concrete, or other suitable all weather surfaces. 9.10 Secure Area - Evidentiary Vehicles Vehicles impounded by City for investigative purposes shall be held in a maximally secured, non-public area of Contractor's property until released by City. Contractor shall insure, by the use of various security devices and measures, including but not limited to walls, fences, containers, buildings or the like, that no unauthorized person, whether intentionally or accidentally can come into physical contact with evidentiary vehicles. Located within the storage yard, Contractor shall set aside a secure area, sufficient in size to hold four (4) vehicles, with sufficient room to walk around, open doors, and examine each separate vehicle. 9.11 Special Operations During the Contract period, it is anticipated that numerous special police operations may be conducted that require the towing of vehicles. An example of this type of operation is a Sobriety/Driver's License checkpoint. The Police Department will attempt to equally distribute these special operations between the Contractors. However, many of these operations have special date or period requirements beyond the control of the Police Contract for Towing & Impound Services Oct 1, 2016 — Sept 30, 2018 30 City of National City and Alexandra Investments, Inc., DBA Angelo's Towing & Recovery 317 of 616 Department. Due to these special requirements, a Contractor may obtain more operations than the other Contractor(s). The Contractors agree to this potentially inequitable distribution of special operations as a City Contractor. 10.0 INSURANCE REQUIREMENTS 10.1 Minimum Insurance Requirements All required insurance shall be submitted to the City of National City by September 1, 2016. All policies must have a thirty (30) day non -cancellation clause giving the City thirty (30) days prior written notice in the event a policy is canceled. At the end of each contract year, the City reserves the right to review insurance requirements and to require more or less coverage depending upon assessment of the risk, the Contractor's past experience, and the availability and affordability of increased liability insurance coverage. Insurance coverage must be from an insurance carrier licensed in the State of California and rated "A-, VI" or better by the A.M. Best Key Rating Guide. All policies must be endorsed to provide that the insurance afforded by Contractor is primary to any insurance or self-insurance maintained by City and its elected officials, officers, employees, agents, and representatives as respects operations of the Named Insured. Any insurance or self insurance maintained by City and its elected officials, officers, employees, agents, and representatives shall be in excess of Contractor's insurance and shall not contribute to it. The following coverage is required: i. Commercial General Liability for a minimum of two million dollars each occurrence ($2,000,000.00 EO) with Sudden and Accidental Pollution coverage. The City of National City must be named as an additional insured on the certificate ii. Automobile Liability for a minimum of two million dollars combined single limit ($2,000,000.00 CSL) per person and four million dollars ($4,000,000.00) per accident. The City of National City must be named as an additional insured on the certificate. iii. Garage Keepers minimum of one million dollars each occurrence ($1,000,000.00 EO). iv. On Hook/Cargo in amounts not less than fifty thousand dollars ($50,000.00) / twenty thousand dollars ($20,000.00) /one hundred thousand dollars ($100,000.00), the maximum deductible shall be no more than two thousand five hundred dollars ($2,500.00). v. Workers' Compensation coverage in accordance with the laws of the State of California. Policy must contain a Waiver of Subrogation of Rights against the City of National City. vi. The City does not require a performance bond. Contract for Towing & Impound Services Oct 1, 2016 — Sept 30, 2018 31 City of National City and Alexandra Investments, Inc., DBA Angelo's Towing & Recovery 318 of 616 If required insurance coverage is provided on a `claims made' rather than `occurrence' form, the contractor shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of the contract. Any aggregate insurance limits must apply solely to this Agreement. 10.2 Primary Insurance The aforementioned policies shall constitute primary insurance as to the City, its officers, employees, and volunteers, so that any other policies held by the City shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the City of cancellation or material change. Said policies, except the workers' compensation policy, shall name the City and its officers, agents and employees as additional insured's. 10.3 Claims Made vs. Occurrence Form If required insurance coverage is provided on a "claims made" rather than "Occurrence" form, the Contractor shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. The policy retroactive date coincides with or precedes Contractor's commencement of work under this Agreement (including subsequent policies purchased as renewals or replacements). 10.4 Aggregate Insurance Limits Any aggregate insurance limits must apply solely to this Agreement. 10.5 Insurance Company Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A; VIII according to the current Best's Key Rating Guide, or a company of equal financial stability that is approved by the City's Risk Manager. Any deductibles more than ten thousand dollars ($10,000) shall be declared and approved by City. 10.6 Insurance Certification Requirement 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 Purchasing Agent at 1243 National City Boulevard, National City, California 91950. If the Contractor does not keep all 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 material breach of this Agreement and may terminate this Agreement as provided herein. 10.7 Insurance Requirement - Renew Option If this Agreement is extended beyond its original term pursuant to section 3.3, the insurance provisions may be updated at the option of City. Contract for Towing & Impound Services Oct 1, 2016 — Sept 30, 2018 32 City of National City and Alexandra Investments, Inc., DBA Angelo's Towing & Recovery 319 of 616 10.8 Limitations of Liabilities and Obligations The foregoing requirements as to the types and limits of insurance coverage to be maintained by the Contractor, and any approval of said insurance by the City, are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Contractor pursuant to the Agreement, including, but not limited to, the provisions concerning indemnification, section 2.10. 10.9 Sub -Contractor and Insurance Requirement Contractor shall make certain that all subcontractors hired by Contractor for services other than towing or impound services, after written consent by the City, are insured in accordance with this Agreement. If any subcontractor's coverage does not comply with the foregoing provisions, Contractor shall indemnify and hold City harmless of and from any damage, loss, cost, or expense, including attorneys' fees. Contractor is prohibited from subcontracting the towing or impound services under this Agreement. 11.0 CONSTRUCTION OF AGREEMENT The parties acknowledge and agree that (1) each party is of equal bargaining strength; (2) each party has actively participated in the drafting, preparation and negotiation of this Agreement; (3) 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; (4) each party and such party's counsel and advisors have reviewed this Agreement; (5) each party has agreed to enter into this Agreement following such review and the rendering of such advice; and (6) 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 attachments, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. Contract for Towing & Impound Services Oct 1, 2016 — Sept 30, 2018 [Signature Page to Follow] 33 City of National City and Alexandra Investments, Inc., DBA Angelo's Towing & Recovery 320 of 616 CITY OF NATIONAL CITY ALEXANDRA INVESTMENTS, INC. D.B.A. ANGELO'S TOWING & RECOVERY By: Ron Morrison, Mayor By: Nashwan J. Habib, Owner By: APPROVED AS TO FORM: Angelo Habib, Owner Claudia Gacitua Silva City Attorney Contract for Towing & Impound Services Oct 1, 2016 — Sept 30, 2018 34 City of National City and Alexandra Investments, Inc., DBA Angelo's Towing & Recovery 321 of 616 ATTACHMENT A TOWING FEE SCHEDULE SERVICE FEE • BASIC TOWING Includes first hour hookup, labor, standby time, for vehicles under 9,500 GVW (unloaded). $ 180.00 • MEDIUM SIZE - BASIC TOWING Includes first hour hookup, labor, standby time, for vehicles over 9,500 GVW $ 205.00 but less than 22,000 GVW (unloaded). • LARGE SIZE - BASIC TOWING Includes first hour hookup, labor, standby time, for vehicles over 22,000 GVW (Unloaded). $ 225.00 • ON -SCENE OR STAND-BY Labor = Each 15-minute increment, beyond first hour is charged only when extra ordinary labor must be expended to recover a vehicle. Stand-by is charged when the job cannot be started and must be explained on the tow bill. $ 40.00 • DOLLIES Will only be used when there is not a less expensive, safe manner of handling the situation. $ 55.00 • DRY RUN May also be known as a "hook-up — drop fee" and is charged when the vehicle is hooked up and the owner returns before the vehicle is in transit. $ 50.00 • PER MILE TOWING Applies only to vehicles recovered outside the jurisdiction of the City of $ 5.00 National City. • MAXIMUM STORAGE - PER DAY $ 45.00 Per day is defined as a 24-hour period. • STORAGE PER HOUR Up to maximum of $15.00 per hour. $15.00 • AFTER HOURS VEHICLE RELEASE After 6 p.m. and before 8 a.m., including weekends and all holidays. $ 65.00 • NOTIFICATION OF LIEN SALE Vehicle valued at less than $4.000 (22851.12 CVC). $ 70.00 Contract for Towing & Impound Services Oct 1, 2016 — Sept 30, 2018 35 City of National City and Alexandra Investments, Inc., DBA Angelo's Towing & Recovery 322 of 616 • NOTIFICATION OF LIEN SALE Vehicle valued at over $4,000. (22851.12 CVC). S 100.00 • POLICE EQUIPMENT TOWING Inside jurisdictional limits of National City. No Charge • CITY EQUIPMENT TOWING Includes all City vehicles. Also includes police vehicles towed from outside jurisdictional limits of National City. 25% basic tow fee CITY ADMINISTRATIVE FEE'S • NEGLIGENT VEHICLE IMPOUND RELEASE FEE $124.00 • SERIOUS TRAFFIC OFFENDER PROGRAM FEE $150.00 Contract for Towing & Impound Services Oct 1, 2016 — Sept 30, 2018 36 City of National City and Alexandra Investments, Inc., DBA Angelo's Towing & Recovery 323 of 616 ATTACHMENT B Pursuant to Section 7.9 of this Agreement, the Negligent Vehicle Impound Release Fee shall apply to vehicles impounded pursuant to the following California Vehicle Code sections and/or National City Municipal Code sections. One or more the listed sections must be included on the impounding documents. California Vehicle Code 22500 et seq. Prohibited Stopping, Standing, or Parking 22500.1 Prohibited Stopping, Standing, or Parking: Fire Lane 22651 (a) Unattended on Bridge 22651 (b) Hazard to flow of traffic 22651 (d) Blocking a driveway 22651 (e) Blocking fire hydrant access 22651 (h) Operator taken into custody - not practical to park or lock 22651 (i) Unpaid parking citations 22651 (j) Illegally parked and no evidence of registration displayed 22651 (k) Parking over 72 hours 22651 (1) Temporary tow away signs for street repair 22651 (m) Highway authorization for other use, with 24-hour notice 22651 (n) No parking tow away signs posted 22651 (o) (1) Expired registration in excess of six months 22651 (p) Unlicensed or suspended/ revoked license in violation of 12500, 14601, 14601.1, 14601.2, 14601.3, 14601.4, 14601.5, or 14604. 22651 (r) Illegally parked, blocking a legally parked vehicle 22652 Illegally parked in designated handicapped parking space 22653 (c) Removal from private property, at request of property owner, when operator is taken into custody 22655 (a) Hit & Run suspect vehicle 22656 Illegally parked or abandoned within 7-1/2 feet of nearest railroad rail 22669 et seq. Removal of Abandoned Vehicles as determined pursuant to section 22523 CVC Contract for Towing & Impound Services Oct 1, 2016 — Sept 30, 2018 37 City of National City and Alexandra Investments, Inc., DBA Angelo's Towing & Recovery 324 of 616 11.32.060 11.32.070 11.32.160 11.32.250 (e) National City Municipal Code Illegally parked - 72 hour violation - vehicle removal Illegally parked - Restricted hours - vehicle removal Illegally parked - Emergency parking - vehicle removal Illegally parked - Taxi Stand - vehicle removal Contract for Towing & Impound Services Oct 1, 2016 — Sept 30, 2018 38 City of National City and Alexandra Investments, Inc., DBA Angelo's Towing & Recovery 325 of 616 ATTACHMENT C Pursuant to Section 7.14 of this Agreement, the Serious Traffic Offender Program Fee shall apply to vehicles impounded pursuant to the following California Vehicle Code Sections. One or more of the following sections must be included on the impounding documents. 22651(p) 22651(h)(2) 14602.6 14602.7 14607.6 California Vehicle Code Includes Sections 12500, 14601, 14601.1, 14601.2, 14601.3, 14601.4, 14601.5 or 14604. Upon service of notice of an order of Suspension or Revocation, pursuant to 13388 CVC. Unlicensed, Suspended or Revoked and involved in traffic collision. Sub -section (b) - Certified Mail, 2-day notice to legal owner. Failure to notify legal owner results in maximum fee for 15 days vehicle storage. Fleeing a Peace Officer - Court Order upon affidavit of Peace Officer, to seize vehicle, not to exceed 30 days. Failure to notify legal owner (2 days' notice) results in maximum fee for 15 days vehicle storage. Impoundment and Forfeiture of Motor Vehicle. Contract for Towing & Impound Services Oct 1, 2016 — Sept 30, 2018 39 City of National City and Alexandra Investments, Inc., DBA Angelo's Towing & Recovery 326 of 616 PURCHASING TOWING CONTRACT PRICE COMPARISONS 9/1/2016 FINAL** Road 1 Cortes Angelos Quality ASAP TONY'S RESCUE FEE SCHEDULE BASIC TOWING. Includes First Hour Hookup, Labor, Standby Time, for vehicles Under 9,500 GVW (unloaded). $180 $180 $180 $175 $165 $175 $145 $185 MEDIUM SIZE - BASIC TOWING. Includes first hour hookup, labor, standby time, for vehicles over 9,500 GVW but less than 22,000 (unloaded) $205 $205 $205 $205 $185 $200 $175 $210 LARGE SIZE - BASIC TOWING. includes first hour hookup, labor, standby time, for vehicles over 22,000 GVW (unloaded) $225 $225 $250 $225 $225 $225 $195 $240 ON -SCENE or Stand-by labor = each 15-minute increment, beyond first hour. Is charged only when extra ordinary labor must be expended to recover a vehicle. Stand-by is charged when the job cannot be started and must be explained on the tow bill. $40 $40 $45 every 15 min $40 1/4 hr $40 per 15 min after 1st hour $65 $45 $55 per hour DOLLIES. Will only be used when there is not a less expensive, safe manner of handling the situation. $55 $55 $0 $55 $55 $35 n/c $40 DRY RUN. May also be known as a "hook-up — drop fee" and is charged when the vehicle is hooked up and the owner returns before the vehicle is in transit. $50 $50 $90 none $70 $50 n/c $50 PER MILE TOWING. Applies only to vehicles recovered outside the jurisdiction of the city of National City $5 $5 $5 $5.50 $5.50 $4.00 n/c $0 MAXIMUM STORAGE - PER DAY. Per day is defined as a 24-hour period. $45 $45 $45 $45 $40 $45 $40 $40 STORAGE PER HOUR. The maximum daily hourly storage rate, not to exceed the maxiumum storage -per day rate. $15 $15 $3.75 $10 $15.00 $10 $10/hr first 4 hours Class A $40 Class B $50 AFTER HOURS VEHICLE RELEASE. After 5PM and before 8AM including weekends and all City - observed holidays. $65 $65 $80 $65 $65 $75 $70 $92.50 NOTIFICATION OF LIEN SALE. Vehicle valued at less than $4.000, (22851.12 CVC). $70 $70 $70 $70 $70 $70 $70 $70 NOTIFICATION OF LIEN SALE. Vehicle valued at over $4,000. (22851.12 CVC). $100 $100 $100 $100 $100 $100 $100 $70 POLICE EQUIPMENT TOWING. Inside jurisdictional limits of National City N/C n/c n/c n/c n/c n/c n/c n/c CITY EQUIPMENT TOWING. Includes all City vehicles. Also includes police vehicles towed from outside juridictional limits of National City 25% Basic Tow Fee 25% Basic Tow fee 25% Basic Tow fee 25% Basic Tow fee 25% Basic Tow fee 25% Basic Tow fee 25% Basic Tow fee 25% Basic Tow fee TOWING OF VICTIMS' VEHICLES $40 $75 negotiable n/c $165 $50 $145 $185 NEGLIGENT VEHICLE IMPOUND RELEASE FEE $124 SERIOUS TRAFFIC OFFENDER PROGRAM FEE $150 FOR CITY VEHICLES ONLY: Oversize Mileage per mile after 5 miles Storage per day Admin Fee 1 hr Admin Fee 1/4 hr **FINAL: Final negotiated rates to which both 327 of 616 PURCHASING TOWING CONTRACT PRICE COMPARISONS 9/1/2016 recommended vendors agreed. Contracts with both vendors will charge the same rates 328 of 616 1 Tow Truck Contract Committee presentation 329 of 616 N Purpose: The committee was established to evaluate a new tow truck contract for the City that would be effective on October 1, 2016. A two year contract with an option with 3 (1) year extensions. Members of the working group evaluated the proposals, conducted site inspections and negotiated conditional tow contract(s) to be executed. i 1730 of 616 3 Applicant process Request for Proposal ("RFP") #GS1516-6 was issued to establish a new Towing and Impound contract for the City of National City. The RFP's were wiled to vendors, and advertised in the San Diego Union Tribune and the Star News. The completed RFP's were due on June 21 st, 2016. The City received seven (7) responses. Upon initial review of all the proposals by the Tow Contract Working Group it was decided to visit all seven sites. • 331 of 616 5 • DID NOT MEET THE RFP REQUIREMENTS The following 3 companies did not meet requirements. A.S.A.P. TOWING- non -alarmed yard QUALITY TOWING- non -alarmed yard RESCUE TOWING- non -alarmed yard ii 332 of 616 1 PICFP.1, CITY OF PIPCTICPPIAL icx-ry TOW RFP SITE VISIT PROIPIECT7WI eainivarat: DArlifiTheE. ilUEDIEBB LOWER • 02,241* • mipt4kritasp exierm.c7t 2. yaw., 002 efReit2$0, igiwraing.rorynt ▪ 1101.11kOMICA 22042, 2511k MIAMI 7. Mos M votril (Open ptilimaglv 17100.7.4120; 7, Mama to wittiirefrf102..g4 2Turg FEALIChithutig veil* amp; *art iwiito.mickmat • cso an ihunti ger dimmer PROCILIMPIERIPLOCIITO POW INC.22111.21.10kTOON rcsr NNW= IM21722112/112.1121t6E2 -172001Vekibt IF424.0111taistiTS 1. Re1722412 as*. 722 /ND MixtIVant *YES 7172 Hamm ..121133 7. Mum/ 772t- Mosie.,222,210Mn.E3fNO 74twor. YES/ Ale 7. Owe 2212,2arape wietcale VIES IN* 7. 004224 WOO/27Na 2221. 170 /Aunt itpormaser 2. Togo WariYiadier '2: MOM IbtappotIty ,D,R.702 12822.r.Vid, 78* It707.•2221121(0690742.2,11irikoribreS.WI reams ifs ',Aga loam 1721.2.611/..k 71,42iim. t • sicumegg loe Ow Weems 3 • ruireciwzionerre WS/1M ▪ iii,cicood $21211/ Fw 26,17.110 .r Was WS/ MOD WAWA lelirY&F 120.) ▪ Itile2Wil.12•12 VICI gaRlifretr.am.k....67 VW 7.0 2. Se LW's* 7. 124Wilma IllegrarK72,211!sam2livago 2 ?Toed IbirairoWlen Arai , COPAIMIENTIC WPM= 21177121Ellit illIMAIC01.1272C7.2r2 • 333 of 616 Summary of scores Based on the evaluations, the ratings were a comparison between the top four qualifying tow companies. 334 of 616 CONT. Distance- how far is the tow yard to City and community. How will this affect the response time when a tow is needed. Public transportation- the accessibility for our community members to access public transportation if they need to retrieve their impounded car. Lot size- is the tow lot large enough to address our needs and demand in order to store on site (Avg. 70 to 90 impounds per month). Personnel- the amount of drivers and dispatchers available during the tow period. i 335 of 616 103 336 of 616 337 of 616 In Road One Towing 338 of 616 TONY'S AUTO 339 of 616 at NCPD CITY OF NATIONAL CITY SUMMARY OF SCORES FOR VENDORS ROM ME AtB Ta11/541/1R0 COMM Wipe* Center 3 3 3 2 Came 3 3 2 2 EgoIpmant 3 3 3 3 llimncRA 3 3 3 1 Pabk Ta 2 3 2 3 lot Mae 3 2 2 2 Personnel 3 3 2 3 3eair32 3 3 3 2 Mims Samp 3 1 2 3 Total 2; 24 22 21 1. Below Attesaw 2. Mersa 30Alma Aver 340 of 616 13) UN3 suopsano RESOLUTION NO. 2016 — 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 ROADONE TOWING AND ALEXANDRA INVESTMENTS, INC., DBA ANGELO'S TOWING AND RECOVERY WITH A TERM OF OCTOBER 1, 2016 — SEPTEMBER 30, 2018 WHEREAS, the City of National City Police Department requires professional towing and impound services to maintain the safety of the public right-of-way, and to seize and secure vehicles in accordance with the laws of the State of California and the National City Municipal Code and regulations of the City of National City; and WHEREAS, the City adopted a process for the selection and designation of professional towing contractors to provide towing, impound and storage services upon the request of the National City Police Department; and WHEREAS, on May 17, 2016, the City Council authorized the issuance of Request for Proposal No. GS1516-6 for towing and impound services for the City, which was thereafter issued on May 19, 2016, with a deadline of June 21, 2016 for Contractors to respond; and WHEREAS, the Tow Working Group comprised of City staff evaluated the proposals and prepared a report for the City Council's consideration detailing the evaluation process and explaining the evaluations of the proposals, including whether the proposals met the RFP requirements; and WHEREAS, on September 6, 2016, staff presented its recommendation of the top two ranked tow operators and responded to all protests. Staff was directed to return with two-year contracts with the two top -ranked operators; and WHEREAS, the two top -ranked tow operators, A to Z Enterprises dba RoadOne Towing and Alexandra Investments, Inc., dba Angelo's Towing and Recovery, each have a history of accurate, dependable, and reliable service, have participated in a competitive process through the RFP, have been found to provide the best overall value to the City, including having the best qualifications and capability of providing the highest quality, professional towing services for the City of National City; and WHEREAS, the City of National City desires to have two towing and impound operators perform exclusive towing service within the City of National City, and RoadOne Towing and Angelo's Towing and Recovery represent and warrant they are experienced and staffed in a manner such that they are capable and prepared to deliver the services required by the City of National City, all in accordance with the terms and conditions of the Agreement. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby overrules all protests and authorizes the Mayor to execute Agreements for Police Department Towing and Impound Services with A to Z Enterprises dba RoadOne Towing and Alexandra 342 of 616 Resolution No. 2016 — Page Two Investments, Inc., dba Angelo's Towing and Recovery, respectfully, for a term beginning October 1, 2016, and ending September 30, 2018. Said agreements are on file in the Office of the City Clerk. PASSED and ADOPTED this 6' day of September, 2016. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor 343 of 616 CC/CDC-HA Agenda 9/6/2016 — Page 344 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 344 of 616 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: EngineeringlPublic Works APPROVED BY: -/A70-474 FINANCIAL STATEMENT: APPROVED: `C Finance ACCOUNT NO. APPROVED: MIS Funds are appropriated in various CIP accounts for FY 2017 ENVIRONMENTAL REVIEW: NIA 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 34f 165o6 Explanation: The City's current Capital Improvement Program (CIP) identifies over $90 million in capital 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. 346 of 616 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. V LLV Us 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. 347 of 616 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 CIP. 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 CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services. 4. PROJECT COORDINATION AND SUPERVISION. 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. 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 the.term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY, and for furnishing of copies to the CITY, if requested, b. 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 2u16 2 348 of 616 City of National City and Michael Balser International, Inc, performance, the acceptable completion of this Agreement, and the amount of compensation due. In the event the CONSULTANT and the City cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT in this Agreement, the City or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the City shall each prepare a report which supports their position and file the same with the other party. The City shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT. 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 docurnent(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium, or method utilize the CONSULTANT'S written work product for the CITY' S purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings, or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14, but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 8. INDEPENDENT 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 2916 Michael Baker International, Inc. 349 of 616 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 manner agents, servants, or employees of the CITY, it being understood that the CONSULTANT its agents, servants, and employees are as to the CITY wholly independent CONSULTANT, and that the CONSULTANT'S obligations to the CITY are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. 1`he CUNSULTANT, in the performance of the services to be provided herein, shall comply with all applicable state and federal statutes and regulations, and all applicable ordinances, rules, and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT and each of its SUBCONSULTANT(S), shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 12. STANDARD OF CARE. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT'S trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT'S employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this Agreement, the CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings conceming 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 350 of 616 Michael Baker International, Inc, products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -paragraph will render the CONSULTANT liable to the CITY for any increased costs that result from the CITY'S later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, 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 all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' Standard Agreement Revised Miay 2D16 5 City of National City and Michael Baker International, Inc. 351 of 616 compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANTS 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. ® 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 Revised May 2016 6 City of National City and Michael Baker intemationa!, Inc. 352 of 616 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 Insurers (LESLI list) and otherwise meet rating requirements. H. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY'S Risk Manager. If the CONSULTANT does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. I. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attomey'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 Revised May 2016 7 City of National City and Michael Baker International, Inc. 353 of 616 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 fling of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) abusiness 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 May 2016 8 City of National City and Michael Baker International, Inc, 354 of 616 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 iraamediately 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 Revised May 2016 9 City of National City and Michael Baker International, Inc. 355 of 616 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. T. 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 10 356 of 616 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, Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY MICHAEL BAKER ATIONA 9 INC By: B Ron Morrison ohn Harris, P.E. Mayor Vice APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney B obert Schlesinger, P.E. Senior Vice President, Office Executive / Principal Standard Agreement Revised May 2016 11 357 of 616 City of National City and Michael Baiter International, Inc. EXHIBIT "A" FtBF a E CONSULTING A c07'r`r ' Company February 24, 2014 City of National City Department of Engineering & Public Works 1243 National City Boulevard National City, CA91950 Attn: Mr. Stephen Manganiello, Director of Public Works/City Engineer 5050 Avenida Encinas, Suite 260 Carlsbad, CA 92008 760.47 6,9193 FAX 760.476.9198 Re: Statement of Qualifications to Provide On•Call Project Support Services for National City's Capital Improvement Program (C!P) Dear Mr. Manganielio: RBF Consulting, a company of Michael Baker International (R13F), recognizes that work under the City of National City's (City) On -Cali 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 10 move projects forward quickly. This team has successfully worked together on dozens of qn-cal] 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, stormwater specialist, surveyors and construction management professionals. This synergy among these disparate disciplines allows us to refine project scopes, identify potential issues early, and develop creative, Trost -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) Senior Project Manager 358 of 616 l U;71 is C `_P3t0f:f•,[,L I ationtu Cites .Capital lo•Iprovomen t Pragrani • • • AhlT iNF MAT1ON...: Legallla aeand.Addr'ess of company; RBF-Cc^soloo ; 6 Cordpany of . . Iikcheel.Baker International. 9755 Claire rnont Ml es a 4 B lvd. San Diego, •5054*er ida cJnas, Suite 26D Cara 920613. • Legal Frtrrrr:ofcompany.' Rriy4t000rporetton • • Addresses•of flOte.s {�lorkrrig on. the .Fihojaet:. •9755'i siretritot-Mesa 3.10. 6an:Diego,VA .505b-AVennide-Zpernas, Su te'260 Gar1 bad, i 26't18. Piojecttl eOegerMnIparyContact;•• TWO Thiele, 5050 Avenida Encinas, Suite 260 Carlsbad, CA 9PD08 (760). 43 tthielenrbf.eorn SERVICE •PR©VlD> D &4g ie rrrg . 'Civ(l liaearirg • Water -Resources €ngmeering. • kiydrel.c9ylf1),u4cs • Storm er)*egemen . ▪ fiiEngipee • Stru ratEnglneering • • ADACornpilance ▪ • Laridscape:ArchJtecture Planning. ConSbvction and: Suppo1$01111es .. • :l and Plann+ g • Tianspertatron•PYahhi.ng 0. Environnientaf e%vices . • .cieoEraplii Bill. nation Systems • Land Surveying. • : • Consttuciion ta1anagement . •Consttu ion•Inspei1ion • .CflremunityOiitreach TABLE OF CONTENTS Tab 1: Statement of Qualifications Executive Summary & Contact Info 1 Team Organization & Key Personnel 3 Experience & Technical Competence 18 Methods Proposed to Accomplish the Work 29 Financial Management & 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 Capita[ 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 goals 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 artd 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 required to fully take charge of critic! projects, Comprehensive Services Meet As -needed Contract Objectives RBF is very familiar with as -needed consulting service contracts. Combined, this team has performed virtuallyevery 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. COWS ULYINtt 1 359 of 616 r-':i? tr'_�U;ii70`i Sv^v6 r f i National City! _ . xapitai Improvement frreigram t BF Selected,As.needl ontractExpe>nen tce: • • •CdyttCar ,0.-Master AgreOmi3nt �Cons'f�itinb.,Services (Civd,.Traffieand Store i water. iQusilty:Engineer ag) • 040De1Mar--CityE-ngineer•.. and i attic rigineedAs-needed Engineering'Services... • •CifyofCiorenedo—On-call'Ci0.. . 'Engineering aril Dien Checking . • City.otSen-DiegpWater Depa tment- C{v1 Engineering,. Walter>Qiielity'0ecyoied Water • •City flan Mega MWWD - As- Needed -Saver CC V !newton `and-H`ydraulicAnaljtsie • :City-of:San plego-On CBII ; • Stcrmwater -Management • .Services • CEa.intyafSan•Diego -Civf • Eng.ineerinq &Water Quality • • CiviaS'an:Diegoeeded. Civet Eng'ineerrng.and • Constivction Management .. •• City©1Carlsbad —Ore=rail=Plan •.Checking : • CityiofiOceensttle. As' -needed .Traffic Engineenng • City et Encinitas ti. lkClvil Engine niiig: • Poitni,Sen tItegc fjp aia'Civ;l •Engineefing • San Diego•State-liniverslty7 Appointed Campus Tlvil Engineer . CaI'State an Maroon 4erripas Civil Erigmeer . • San -Diego .Courity.GYateithed Protection. Ping ram - As�rieeded •:Stormwater-Management • • .LS Navy—$2OM Large Civil Engineering 1014 •. belln rof San'[ege. AS,.. • • needed- ary4vi re$ehitgeture. FP! co NUULU,Ni# Water/Wastewater Design • Traffic Engineering and Transportation Planning (Signal Communication and integration, Data Collection, Mobility Studies, Active Transportation) ❖ Land Surveying & GiS (Field Survey, Mapping, Easements, Plats & Legs, 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, ? ID) ❖ Project Management Construction Management and Inspection (Controls, Scheduling, Cost Estimating, Constructability 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 al] 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 AssurancelQuality 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 contrai of the QAIA 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 QA10C 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 Qual'ications. Proposal I February 24 2 360 of 616 Exhibit B Michael Baker INTERNATIONAL HOURLY RATE SCHEDULE Effecttve July 2915 through July 2017 OFFICE PERSONNEL $/ 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 DO Project Engineer 152.00 Project Planner 152.00 Survey Crew Support Manager 149.00 Environmental Specialist 142.00 Design Engineer/Senior Designer/Mapper 139 DO 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/Pianner 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 /85.00 Field Supervisor 175.00 CONSTRUCTION MANAGEMENT PERSONNEL Note: BlueprinEng, reproduction, messenger service and other direct expenses will be charged as other enact coals. Vehicle mileage NOB be charged as other &act cost at the IRS approved rate. 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 97.00 361 of 616 Margaret A. tar is 1 Senior Account Specie'•isi margaret.zanatto@aon.com August 29, 2016 To Whom It May Concern RE: Michael Baker International, Inc. 2016-2017 Casualty Insurance Aon Risk Services is the insurance broker for Michael Baker International, lnc. We are attentive to the fact that the current General Liability, Auto, Workers' Compensation, Umbrella and Errors & Omissions policies expire on August 30, 2016. Coverages have been bound and will continue with the incumbent carriers for the term August 30, 2016-2017. Please accept this letter as evidence of the renewal coverages until such time that the renewal certificates have been distributed and in your possession. Thank you for your patience and understanding in this matter. Sincerely, Margaret A. Zanotto, AU, CPIW Assistant Vice President Rtsk Management EQT Plaza I10Th Floor 525 Liberty Avenue I Pittsburgh, PA 15222 t412-594-75191 362 of 616 .014CC??2,150 CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYW) 0111472016 THIS CERTIFICATE IS ISSUED AS A MATTER OF 1NFORi18ATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy{les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements). PRODUCER •Aon Risk Services central, Inc. Pittsburgh PA office Dominion Tower, loth Floor 625 Liberiy Avenue Pittsburgh PA 15222-3110 USA INSURED laichael Baker International, Inc. PO sox 57057 Irvine CA 92619-7057 USA COVERAGES IRSA LTR CONTACT NAME: PHONE (866) 283-7122 ADDRESS: FAX (806) 363-6105 fAIC, No.): INSURER(S) AFFORDING COVERAGE INSURER A: Liberty Mutual Fire Tns Co NAIL R 23935 INSURER B: Liberty Insurance Corporation 42404 INSURER C: National Union Fire Ins Co of Pittsburgh 19445 INSURER D: Lloyd's Syndicate No. 2623 AA1128623 INSURER E: INSURER F. CERTIFICATE NUMBER: 570060978666 REVISION NUMBER: THIS is TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURES) NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE JNSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POL CIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested A X TYPE OF INSURANCE COMMERCIAL GENERAL LIABILITY x Ci1JMS•MPAE E OCCUR Canlractuel Weft GEN'L AGGREGATE UMR APPLIES PER: ■ POLICY � JECT ElLoc. OTHER: AODL INSD SUBR WVD POLICY NUMBER TB2681004145715 FF (MWDDY fy OB/30 2 1 POLICY EXP MW0 8/3D 01 EACH OCCURRENCE LIMITS $2,040,000 DAMAGE TO RENTED PREMISES (Ea occurrence) MEC EXP (Anyone person) 5100,000 55,000 PERSONAL &ADV INJURY 52,090,900 GENERAL AGGREGATE $4,000,000 PRODUCTS - COMPIOP AGG 34,000,000 AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED — SCHEDULED AUTOS AUTOS HIRED AUTOS )( NON -OWNED ,_ AUTOS A52-6131-004145-725 08/30/2015 08/30/2016 COMBINED SINGLE LIMIT (Ea eccIderdl 51,000,000 BODILY INJURY { Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accldenl) c UMBRELLA LIAR EXCESS LIAR x OCCUR CLAIMS -MADE D 8E033086983 08/30/2015 08/30/2016 EACH OCCURRENCE llo,000,000 AGGREGATE S10,000,000 Y! NfA WA7660004145775 AOS WC76S1004145785 wi 08/30/2015 08/3D/2015 08/30/2016 x PER I !ER PERTUTE 08/30/2036 E.L. EACH ACCIDENT E.L. DISEASE -EA EMPLOYEE 0c 502675 OB/31/2015 08/31/2016 Professional & Pollution SIR applies per policy terlrs & conditions DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached 1f more apace Is requlredi For Named Insured only: Attn: Kim Hartsfield, RE: Project Name: Oversight of [HP Storm Drain Repairs, Agreement -Date: 25th January 2016. The City of National City, its elected officials, officers, agents and employees are included as Additional Insured in accordance with the policy provisions of the General Liability and Automobile Liability policies. General Liability and Automobile Liability policies evidenced herein are Primary and Non -Contributory to other insurance available to Additional Insured, but only in accordance with the policy's provisions. A Waiver of subrogation is granted in favor of Certificate Holder in accordance with the policy provisions of the Workers' Compensation poll cy. Should General Liability, Automobile Liability, Professional Liability and workers' Compensation policies be cancelled before the expiration date thereof, the rE,L. DISEASE -POLICY LIMIT Per Claim Aggregate Holder Identifier : ADGCFHI 57Oo60978866 Certificate No S1,000,0001 $1,000,0001 E1,000,000 — b5,000,000 55,000,090 • DED X LRETENYION S10 C90 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR r PARTNER f EXECUT1VE OFFICERINEMBEJX ExCLUOED7 +h!endatarp In NFp liyyaL deecrlbe under DESCF?IPTION OF OPERATIONS below E&O-PL-Primary CERTIFICATE HOLDER CANCELLATION City of National city Attn: Risk Manager 1243 National City Blvd, National city CA 91950-4301 USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROViSIDNS. AUTHORIZED REPRESENTATIVE z. Z a c ibCfirwserol W7a1` �t�±% ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 26 (20141,01) The ACORD name and logo are registered marks of ACORD 363 of 616 ADDITIONAL AGENCY Aon Risk services central, Inc. AGENCY CUSTOMER ID: 570000027699 LOC #: REMARKS SCHEDULE POLICY NUMBER see certificate Number: 570060976866 CARRIER See Certificate Number: 57006097E866 ADDITIONAL REMARKS N IC =DE NAMED INSURES? Michael sakes^ international, Inc. Page _ of EFFECTIVE DATE THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORNI, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Adddrenal Descapllan of Opeiallon& i Locations /Vehldes policy provisions will govern how notice of cancellation may be delivered to certificate Haider 1n accordance with the policy provisions. The ACORD name and logo are registered :narks of ACORD c 28n8 I ORp GORKr 11CM, Ir raplLLL macaw& 364 of 616 2t224141AOu 77D0091 Policy Number TB26810.041.45715 issued by Liberty Mutual Fire insurance Co, THIS ENDORSEMENT CHANCES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies insurance prodded under the following; COMMERCIAL GENERAL LIABILITY COVERAGE FORM SECTION II - WHO IS AN INSURED is amended to include as an insured any person or organization for wvhom you have agreed in writing to pro vide Iiriabdi y insurance. But; The insurance provided by this amendment 1. Applies only to'bodily fury' or `property damage' arising eut of (a) 'your work' or (b) premises or other property owned by or rented to you; 2. Applies only to coverage and minimum limits of insurance required by the written agreement. but in no event exceeds either the scope of coverage nr the litmus of insurance provided by this policy; and 3. Does not apply to arty person or organization for whom you have procured separate liability insurance while such insurance Is in effect, regardless of whether the scope of coverage or limits of insurance of this policy exceed those of such other insurance or whether such other insurance is valid anti collectible. The following provisions also apply: 1. Where the applicable written agreement requires She insured to provide llabiley insurance on a primary, excess, contingent, or any other basis, this policy will apply solely on the basis required by such written agreement and Item 4. Other Insurance of SECTION IV of this policy will not apply, 2. Where the applicable written agreement does not specify on what basis the liability insurance MI apply, the provisions of Item 4. Other Insurance of SECTION iV of this policy will govern. 3 This endorsement shall not apply to any person or organization for any 'bodily injury' or 'property damage` if any other- add`tional insured endorsement on this policy applies to that person or organization web regard to the 'body injury" or "property daknage". 4. If any ether additional insuredendorsement applies to any person or organization and youare obligated under a written agreement to provide liability insurance one primary, excess. contingent, or any other basis for that additional insured, this policy will apply solely en the basis required by such written agreement arid item 4, Other Iriauranee of SECTION IV of this pol e; will not apply. regardless of whether the person or oreaniza on has available other valid and collectible Insurance. It She applicable written agreement does not specify on what basis the liability insurance will apply, the provisions of Item 4. Other insurance of SECTION IV of this policy will governs LN 20 01 06 05 365 of 616 S 93ZA113o014170r1368 Policy Number: A$2-681-0Q4145-725 Issued by: Liberty mutual. Pire insurance co. THIS ENDCRSENENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED - NONCONTRIBUTING This endorsement meddles insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIERS COVERAGE FORM TRUCKERS COVERAGE FORid V6th respect to coverage provided by this endorsement. the provisions of the Coverage Ferny apply unless modified by this endo rseme nt This endorsement ideres person(s) or organization(s) who are "insureds' under the Who is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage form. Schedule Name of Person(s) or Orgenizailons(s); Any person or organization %,;13.0te youhave agreed in writing to add as an additional insured: but only co coverage and minimum limits of insurance required by the written agreement, and in no event to exceed either the scope of coverage or the limits of insurance provided in this policy. Regarding Designated Contract or Project: Each person ar organization shown in the Schedule of this endorsement is an 'insurer for Liability Coverage, but only to the extent that person or organization qualifies es an Insured' under the Who Is An Insured Provision contained in Section II ofthe Coverage Form. The following is added to the Other Insurance Condition: if you have agreed in a written agreement that this porky W61 be primary and without right of contribution from any insurance in forte for an Additional Insured 'for liability .arising out of your operations, end the agreement was etcecuted prior to the 'aodlly injur ° or 'property damage% then this insurance wit be primary and we MI not seek contribution from such insurance. AC8423Ca11 C 2010, Liberty Mutual Graup of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with Its permission. Page 1 of 1 366 of 616 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) Thls agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Not applicable in AK, KY, NH and NJ. The waiver floes not apply to any right to recover payments which the Minnesota Worksrs Compensation Reinsurance Association may have or pursue under M.S. 79,. Schedule Where required by contract or written agreement prior to loss and allowed by law. In the states of Alabama, Arizona, Arkansas, Colorado, Dist. Of Col, Georgia, 'Idaho, Illinois, Indiana, Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, New Mexico, North Carolina, Oklahoma, Pennsylvania,: Rhode Island, South Carolina, South Dakota, Vermont, West Virginia the premium charge is 2.00% of the total manual premium, subject to a minimum premium of $100 per policy. in the states of Connecticut, Florida, Iowa, Maryland, Nebraska, Oregon the premium charge is 1% of the total manual premium subject to a minimum premium of $25.0 per policy. In the state of Louts iana the premium charge is 2% of thetotal standard premium subject to a rninlrnum premium of $250 per policy, In the state of Massachusetts the premium charge is 1% of the total manual prernirim. In the state of New York the premium charge is 2.00% of the total manual premium, subject to a minimum premium of $250 per policy, in the state of Tennessee No Premium Charge In the state of Virginia the premium charge is 5.00% of the total Manual premium, subject to a minimum premium of $250 per policy. Issued by Liberty Insurance Corporation 21$141 For attachment 10 Policy No.. 'A768D0O4145775 Effective Date. Premium $ issued to Michael Baker International, i.LC WCO00313 Ed. 0410111984 ® 1983 National Council on Compensation Insurance. Page 1 of 1 367 of 616 193201300084504069 policy Number TB268:1004145715 Issued by LIBERTY MUTUAL. FIRE INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF -INSURED TRUCKER EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART COMMERCIAL LIABILITY — UMBRELLA COVERAGE FORM Schedule Name of Other Person/(s)1 • Organization+(s): Email Address or mailing address: Number Days Notice: 1 Per Schedule on file with the Company Per Schedule on tie with the Company 30 A, 1f we cancel this policy for any reason other than nonpayment of premium, we will notify the pomons or organizations shown in the Schedule above, We will send notice to the email or mailing address listed above at least 10 days, or the number of days listed above, If any, before the cancellation becomes effeellve. In r;o event does the notice to the third party a:teed the notice to the first named insured. B. This advance notification of a pending cenceilstion of coverage is intended as a courtesy only. Our failure to pro+ride such advance notification will net extend the policy cancellation date nor negate cancellation of the policy. Ail other terms and conditions of this policy remain unchanged. LINT 99 011 95 11 Lei 2011 Liberty Mutual Group of Companies. All rights reserved, Includes copyrighted material of insurance Services Office. Inc:, with its permission. Pagel oft 368 of 616 Policy Number. 4C1502675 t-1MITE17 AUTHORITY TG ISSI)E:.CERTIFIt A'f!S Df= DURANCE ENDORSEMENT In consideration of the premlum charged,.it ie bereby.understood and agreed as follows: (1) Underwriters authorize Mn the f"Corit5te issue?) to issue :Certificates Of Insurance at -the requesi.or direvtio cfthe Assured, his expressly utrdemstood and agreed that, .Bubjr ttG Paragraph X2) Wow, any Certtlf sate of lasuirance so issued shaft not rimer any rights upon the tertiffeete Holder, create any obligation on the part of the Undcrwdters, or purport to, or 'be construed to. Biter, extend, modify, amend, or olhe w]so change the term or diiions of this Policy In any mangler whatsoever.. in thecase deny conflict botween the daerription of the term..and Conditions ofof.this,POICy0onbgined In any Certificate of Insurance on•the one hand, and the term° and cnnditlons•of tic Polley ae set fortis herein on the•other, tite terns and conditions of this Policy.as;setforth iskeinshall contra, (2) Notwithstanding Paragraph ((1) above, such Certificates of insurance as are authorized under hens endorsement -may provide that In the event the Underwriters cancel or nogg-ienew this Policy orin the. event of a Material Change 10 this Polley. Underwriters shall mail written notice or such cancellation, nru ge ewaf, or Material Change to:suph Certificate Holder `30 days prior to the effective date Of cancellation, non -renewal, era Materiel Change, bttl. 10 days piiai' to the effective date of canosliaton in the event the Assured is failed to pay a pnit when due: The Assured shall provide 'written natioe .to the Undetwrlfers Of all Kush Certificate Holders, If any, speed in :each Certificate of Insurat • t) at. Inception of tits Policy; (ii) DO days prior'to expiration of bis Polley, end Off) within ig days of receipt of a written request ROM Underwriters. Underwriters' obf1gallon to malt notice of canoelfation, non -renewal, or.a Maternal Change es provided in time paragraph shall apply solely to tteose Certificate. Holders with respect to whom the Assured has provided the foregelng written notice io the Undeiwiiters. It is. further understood and agreed that Underwriters! authorization of the Certificate Issuer under this endorsement Is toted solely to the issuance of Certificates of Insurance and doefr not authorize, empower, or eppolnt•the Certificate issuer _to act aaenagent fc:.tltv.Undery e/kersor 1b4rodtipUndenm leis ter alny:otherpurpose. The Certificate issuer Mail' be solely responslbie fat -arm °hours or omissions in connection evil the Issuance of eny0ertlficate Of:insurance pursuant to•tlils endorsement (4) As used In this endorsement (I) Certificate of insurance means e document Issued for tnformatinne! purposes cniy as-ev nce tribe exlstence,and terms 'of rile Policy In. order to satisfy a cantractsal abllgaiion of the Assured. (i1) Material Change rears an endorsement to or amendment of this Policy after- seance of -this Policy bythe Underwriters that restrt is the.coverage afforded to the Assured. (3) All other terms, clauaesand conditions *neinunchanged. ; rs� Market Submission - Supplemental Page 35 of 55 QA+f 2610811502 Clauses 369 of 616 isiOME OF CANCELLATION TO THIRD PARTIES A. If we cancel this polity for any reason older Ih n nonpayment of premium, we will notify the persons or organlzafions shown lr the Schedule below/. WewFl send notice to the email or awing address Ilsledt below al least 10 days, or the number of deys fisted below, If any, before carte elletion becomes effective, in no even'. does the notice to the third party exceed the notice to1he first rterned hewed. B. This advance notification of a pending cancellation of covarege Is intended as a ("ourlesy only, Our failure to provide such advance nolilcalion will not extend the policy canceilatlon date nor negate cancellation of the -cy Satellite Name of Other Person(s) f Email Address or mailing address: Number Days Notice Organizationts): Per schedule, on file with the company All other terms and conditions of thls policy remain untenged. Issued by Liberty lnsuuranee Cu rinn 21814 For aitacho nit to Policy Na W'A768D004145775 i.,sued'.o Mdhael Baker Corporation WIZ 901 a 0611 Ed. 061011201 3ii Prerniurn $ 02011, Liberty Mutual GI clap. An Rights Reserved. Page 1 of 1 370 of 616 I 2181e1anoe04500109 Polity Number AS2-681--OO4145r.725 Issued8y: Liberty Mutual Fire Insurance C. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF -INSURED TRUCKER EXCESS 'Amin, OVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART Sohedule Dame of Other Persons?, Orga niza lion (0: Email Address: Per schedule on file with the Company Per Schedule on file with the Company A. Ef vie cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule above by email as soon as practical after notifying the fast Named Insured 8. This advance emai notification of a pentlittg cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification WI not extend the polity cancellation date nor negate cancellation of the policy. All other terms and condrlions of this policy remain unchanged. LIM 99 02 08 11 02011, Lk,erty Mutual Group of Companies. All rights reserved, includes copyrighted material of Insurance Services Office, Inc. with its permission. Pagel of 1 371 of 616 RESOLUTION NO. 2016 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A TWO-YEAR 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, INCLUDING, BUT NOT LIMITED TO, CIVIL ENGINEERING, CONSTRUCTION MANAGEMENT, AND INSPECTION SERVICES WHEREAS, the City's current Capital Improvement Program (CIP) identifies over $90 million in capital needs over the next five years; and WHEREAS, in order to design, manage, and deliver these projects on schedule and within budget, the Department of Engineering and Public Works advertised a Request for Qualifications (RFQ) for civil engineering, construction management, and inspection services on January 27, 2014; and WHEREAS, the Department received approximately 70 Statement of Qualifications (SOQs) from various firms, including Disadvantaged, Small, andlor Minority Business Enterprises, by the February 24, 2014 deadline. WHEREAS, based on the evaluation of Michael Baker International, Inc.'s SOQ and interview, staff has determined that Michael Baker International, Inc., is qualified by experience and ability to perform support services for the City's CIP Program, including, but not limited to, civil engineering, construction management and inspection services, for a not -to - exceed amount of $900,000. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves the selection of Michael Baker International, Inc., and authorizes the Mayor to execute a two- year Agreement from July 1, 2016 through June 30, 2018 with Michael Baker International, Inc., in the not to exceed amount of $900,000 to provide civil engineering, construction management, and inspection services. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 6th day of September, 2016. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor 372 of 616 CC/CDC-HA Agenda 9/6/2016 — Page 373 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 the Next Generation Regional Communication System (NextGen RCS) Infrastruc 373 of 616 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 totaling $1,270,762.58 without interest, with ten annual payments in the amount of $147,379.98 (interest rate of 2.79%). (Police and Fire) PREPARED BY: Frank Parra DEPARTMENT: P PHONE: ,619-336-4551 APPROVED BY: EXPLANATION: See Staff Report. 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: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Approve the Resolution. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Staff Report First Amendment to NextGen RCS Agreement Agreement for payment of NextGen RCS Infrastructure costs Resolution [374of 616 STAFF REPORT Next Generation Regional Communication System (NextGen RCS) Since March 7, 1995, the County of San Diego and certain local governments, including National City, entered into an agreement regarding the implementation, governance, cost, and method of funding 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) replaced the participating public service and public safety agencies' existing radio communication systems throughout San Diego and Imperial counties with what was at the time a modern, trunked radio system. The 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 Sheriff's Department with financial contributions from RCS parties. The 1995 RCS Agreement outlined three basic fiscal components to RCS Party participation and use of the RCS: (1) contribution to the construction of the RCS "backbone", (2) monthly operating charges, and (3) each RCS Party's own equipment and certain infrastructure costs. The 1995 RCS Agreement also established a RCS Board of Directors to make recommendations to the County Board of Supervisors, who have the ultimate fiscal and operational control over the RCS. On May 5, 2009, (Minute Order No. 2), on recommendation of the RCS Board of Directors, the County Board of Supervisors approved the extension of the RCS Agreement to March 31, 2013. On August 7, 2012, (Minute Order No. 1), again on recommendation of the RCS Board of Directors, the County Board of Supervisors approved the extension of the 1995 RCS Agreement to March 31, 2016 in order to allow sufficient time to transition to a new or "next generation" ("NextGen RCS") replacement regional communication system and to develop a new participating agency agreement governing the new system. The transition from the existing RCS to the NextGen RCS was to be implemented and facilitated by a NextGen RCS Agreement and would occur over the course of approximately five years. The Next Generation Regional Communications System (NextGen RCS) Agreement was approved by the San Diego County Board of Supervisors on December 3, 2013. The NextGen RCS Agreement establishes participation in the sharing of NextGen RCS Shared Backbone Infrastructure costs and NextGen RCS governance. The NextGen RCS will replace, modernize, and update the RCS and shall provide effective and reliable voice radio communications for routine intra- and inter -agency operations as well as inter -agency communications throughout the region during mutual aid and disaster operations. The NextGen RCS will include the following subsystems: a new trunked voice system, new microwave backhaul network, and a conventional voice system. The trunked radio system consists of the radio transmission equipment located at remote radio sites and the centralized system networking and management equipment necessary to provide voice radio services to the participating agencies in the RCS service area. The microwave backhaul network consists of the point-to-point radio and data switching equipment necessary to interconnect the sites where components of the trunked radio system and conventional radio systems (network hub and remote radio sites) are located. The conventional voice system consists of non-trunked ("conventional") radio base station equipment installed at remote radio sites to support voice radio communications between users 375 of 616 of the RCS trunked radio system and non -RCS user agencies as required in day-to-day, mutual aid, and disaster operations. The conventional voice system also provides limited backup voice communications capability in the event of a trunked system failure. On February 18, 2014, the City Council approved the NextGen RCS Agreement (Resolution # 2014-20), which estimated the cost for National City to join the NextGen RCS at $1,750,444. By approving this Agreement, National City and the other signing Parties authorized the County to amend Exhibit C — Estimated RCS NextGen System Cost to reflect the final system costs, without further approval by the Parties. The National City Police, Fire, Public Works, and Engineering Departments depended on the old RCS for mobile and portable radio communication. However, in an effort to reduce National City's costs for the new NextGen RCS, staff evaluated the number of radios that were necessary. As a result of this analysis, the City's Public Works/Engineering Department no longer use RCS portable or mobile radios, but rather, cellular phones to communicate; thereby reducing the cost to National City. The First Amendment to the NextGen RCS Agreement was executed by the County on July 12, 2016, to amend Exhibit C — Estimated RCS NextGen System Cost including: Exhibit C-1 — Cost Apportionment for San Diego County Shared Infrastructure Per Party Exhibit C-2 — Cost Apportionment for RCS NextGen Core (Portion of the Shared Infrastructure Cost) Exhibit C-3 — Cost Apportionment for the Combined Infrastructure and RCS NextGen Core The County awarded a contract for the NextGen RCS to Motorola Solutions Inc. for $70,065,207. Based on the total contract amount, the County provided final system costs and updated financing information to all NextGen RCS Parties. National City's total proportional cost for the NextGen RCS is $1,270,762.58. 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. All participating RCS agencies, including National City, had a choice to finance the full cost or pay the total in full. Both funding options were considered during FY 17 budget development. The main issue discussed at that time was the projected deficit with planned use of Fund Balance for both FY 17 and FY 18. As a result of the discussion, staff budgeted, and the City Council approved, an annual payment. Staff is recommending City Council finance the amount to preserve National City's current cash. If approved by the City Council, beginning on June 1, 2017, and each year thereafter for ten (10) years at an annual interest rate of 2.79%, National City would agree to pay an annual principle and interest payment of $147,379.98. (NOTE: The FY 17 budget assumed a higher interest rate (5%) and payment totalling $215,484, which the City will realize a savings of $68,000 this FY and in each of the following nine fiscal years). The amount to finance will cost National City $203,037.22 in interest expenses over the next 10 years. These annual payments are separate from the monthly operating fees and will continue through June 30, 2026. Although National City will be making payments over a 10 year period, the projected life span of the system is 20 years. There is no penalty for early pay off should funds become available to do so and/or should the City Council direct staff to do so. 376 of 616 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 377 of 616 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$4rsartt►arte # Total County of Sun Diego fiextGon Patties Subectibar Radio Count Plistparitildio tar Is wia2mar.sorinigovolixoy *Awl ow `4Th2 NmttGen RCS Agreement- Amendment 1 July 12, 2016 378 of 616 men PCS Agreement -Amendment 1 Exhibit C-1 Cost Apportionment for San Dims County Shunt Infrotrucemg Per Peru; Costs are apportioned in two egortea-Jrl ftostructure *adore. Below we the ssttmated Ism Infrastructure apportionment costs per aged Sim Diego County Partyta Icts�Jipo,Casrs 3/2/1' RedloCeusrt 7f1r401.4 RadloCount QoatfarSin bla$e 5"wed snrremniaire Alpine Fire Protection DKtrtct a„relea 2GA ] 5wi ys1 Are Protectlon District_ 16 L6. 21 A $ $ 16444.97 8orrejc.Spri gs fire Protection District a 2111 �$ 9J.67S3 City of Carlsbad 439.0 .. 1.53 $ 9.,912,006.09 City of Q Ld Yiste 594 645 $ 2;929,758.Sib $ 79622424 Cite of Coronado 1> 67D 0 all City nfpelMar 97 99 910 $ 426,1910.45 Oty of EJCeton 460 $ . 1,976,T55.13 $ 3,173,58049 tty of Encinitas 2446 47 451.0 727.5 Caty of Escondido 752 7� i2i0.$ 1173,58069 yofimperial 9e dt 117 1i9 116 0 4 515,10.6, City of is Mesa 211 2 286A $ 1,257,289.49 arose City. 95 95 95 95,0 $ 414,704.52 onaaflrmon o1 Ni oti tal My 284E 2�8 285.0 $ 1,248, 478.87 City of Nan 744 740 742.0 $ 323060.95 CITY of Paean �6 299 1 3O7.41t13fi $ CRY of San Marcos 419� 421 5`$ 420.J CkyntSsn4+ee 17.6 178 172.0 ,,p $ 772,656.00 City of Selena Beach ty le 38 MO $ 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 CDmmunlcatlonsFadlktJPA I 12 12 11.0 $ 52,311.73_ JuI mn-Wyemacs Fire Protection District lakeside 1 29 2$.5 $ 124,411.36 Fire Protection District 96 93 95.5 $ 416.187.17 $ 91,671,53 Mira Caste Cornnsunlgr College District 20 22 2LO Korth Cattniy Dispatch 1PA 16 18 18.0 $ • 73,57559 North County -Rye Protection District 133 i3 $ 535.933.2E North Ca rTr�itDlrt 33 333 3.0 $ 144,.21 Re Mho Santa Fe Are Protection District 234 - 121 13rict .5 31J5 $ 9'a424.O1 San DM $ - Melo Wilted Port Maid 297 - 295,0 $ 1,3008 3� .59 �y�. �. 125,5 $ $e2,19L6 �3tte ofCA Department oFTransportatl t jC#trans 893 �--- --y- 174 jib Ca9forata, CA 71. $�1A $ • 3,7S7 Mete of ill$fway Pavo�E( Cajon CIP 173 173 _ 173,3, 21.5 331,ii4 $ 757,31l1.41 Valley Center F6e Protection Dstrict 25 16 $ • 93.854,16 $ 14445525 Vines liesertatioslJrcDepartment Ma View Patties falifOri+taState lAMrersl* San Marcos polka 49 5i� 03 $ 220,441,19 Min:M tin Wad* Weter Dist ict 3 9 421 $ 17,46L24 PabnawWage 41 4L 41.0 :$ 178;937.74 Poway Un9 ed School District ict 24i1 243 141.3 3054222.54/ Ramona Water District FimDepattmeent 21 21 2lb $ 9 671-53 $ 74,21O18 Ramiro Santa Fe Patrol 17 17 17.0 San Diego Coui ty R gionalllirpoit Atritionly 164- 181 172.5. $ 753,O SAO See Diego HumAneSodely 34 344 30 $ 14020,56 San Dec.igState tadvetlty (Pogce & Perking) 1O2 100 1620 $ 440,846.3g 9ehd of Mission bailees"" 7 r 33 32.5.. :314302.37 Sgwan Bend of the Kwntyar y 1 bon i3ycaar. Fire Pot Department) 72 72 $ $ Unti etsky tri Calgomis Sim Diego and Envlronrneiis Health f Safety) IDS ill 140 . 195.0 $ 46E,�903.90 4801446 Vista ilnlfled FBAttS l District 18$ 204 l95A $ f19;„sno.>7o Tf7iAL 14,729.1. . 2015 . 11,31120 1 w3 Ties Diego furls& Fee Pager:rico Mott wo dissolvedonWI&feuman nombeen moved totteComtyalSon Diego radio count 1 12,2015 379 of 616 NMGen 11(3 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. San Okra County Parties : NEOA Runt Radio Count 9f MAMA • Average Counttale Cost for RCS *Jaen Kara $1,254,277 7nieFheProtectior►De to 26 26 25.0 $ 2,025:79 Sunnyskte RrePhotectionnisnict 16. 15 16.0 $ 1, 246:64 DOrCngo5ptingc fire Reaction District 21 21 . 2 $ 1:1i. Cityoftartad 436 440 a38.0 3 34,12E91 4ltyofCfuttaVate 994 646 67013°$ 52,20332 City OfCerionade 182. 180 1810 5 14.102.53: City ofDel :ear 97 95 9119 $ 71.015.59 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 elmoerlal'tione 117 i19 __ _440 4 .'i"14f. ef. Ls Bless 291 265 288A 1 22,439.54 t 1Cy'bf Lsin Grove 95 95 95.0 7,40193 p kat o5NaitonatQiy . 264 2E8 226.0 $ 22,74.3.71 • _ CityofOceanside 744 740 742.0 $ 57,811,93 ast of knee: . 296 303 299:5 3 : 230335.57 kyair$an.Marcos . 419 421. .42D.0i:$ 32,'24,34 $ 13.790.97 City of Santee. . 174 176 177.0' -thy of Seep . .•58 a60.0 $ 4,67491 City t f Vista 2E4 290.. .2E7.01 22-361.63 $ 471,191,47 Cmrrty0Soti,:Dielo 5,933 . 6,161 3047.5 Deer Springs Fire.ProtrrdonDierict ` 21 22 215 $ 4E73 7 Hitaniand Connintecetlora Rollity3PA 12 12 12.0 $ 334.98 Juhan-CiNarnace. Firs Protection Dlsiriet . 29 28 285 S 2.,22038 lakeside FIm.Protect1cn Distrlet. • . 9S . 93 ,. . 955. 5 7A40 89 mire tom CommimityCo9cg District 20 22 234) 5 1.636.22 $ 1,402.47 S. 9.583.56 North Countytch, JPA 18 16 18.4 .Cou :fire.. . Meet. .. 127, 139 MD Meth Omit, TraiuitDistrict . J 33 . 33. 33.0. $ 2471,20. Sarnia] Santa Fe Firs Proteelon District • - 114 121 ] 117.5 5 9,15S 02 a ! OA .$ San. Diego iineeciPort District _ 299 297 I 29t1.0' 5 7i.213.69 Ch�at ate�ctitt�e Pro nDiJ�s/,t�rri�c��tt 13.5 116 iiil 12 $--�9J,,,7784�4 $ 57,014-C4 /S,aa.��ny:Nitt� CA Sue f A M.� t.611L of?.+E1 n eatIMprr4 893 8, 671 Stete of C1rr ants: rA iggtrogy POSroUfi Non OP 174 173 173.5 5 7 t'+m'7 $ . 3..675.17 belte Ostlerftfe Protection Melee 25. 16 213 Viklailitsentetien Fire Depertnient 33 j . 33. 31.0 $ 2,57120 EWA* .. 1,1421 . use 2340 . 100045,29 GeiCorrfia.Sete tJu7versrty.San Niece (Face) 49 52 ...50.:5 .5 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$ $ 1.816.49 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. 161 172S $ 13,44095_ $ . 1,645,11. San biego Humane Sodery 34.: .34 . .. V4At Sort D egoStile University [Poece& P.arhinJ , 202 100 . .10L0`$ . 7 6942 $ 20124 tSen Plaque Sid ofMi*ton means . 32.. 39 jj, 325 Sytusn florid of the itumeysay teem (Smart Fire/Police DI 72 . 721 .720 $ • . 5.609.$9 tins rresle of California San D .(Po:os and Ereiratsrntot F 109 116 [ 3, 5,3 $ .. 6.726.49 Vista Unified Nigh Scheel Distiict 188 204) . 396.0 $ .1527136 TOTJtL__ .7441 16,E 1 1 . $ . 3,264,a7 = 2 The Son Diego ftvralPre Protection Mitt was dlsoiled on 71113L Alf roans hove been ITIChed aatbe aunty ono* Diego roily tmmrt. *W G4 wilpoy for nfrostroctore for impend Cayrtyond a portion efthe Hatay taxecrmes, July 1Z, 2016 380 of 616 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 NECA 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 $ 34,126.81 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 $ 52,388.73 $ 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 0LstrlC4 5 547, 50 _ $ 4.19 ;: 557,624.B4 Smote of CA Department of rra rpoe+atne., !Cairene; $ 3,302,18524 $ 07 9S4.04 $ 3,07D549,69 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 Ramrarta Water District Fire Department $ 91271.59 1,535.22 , Rancho Santa Fe Patrol $ 74,210.28 $ 122456 $ 75 5 4,$ San DiorOstmy Rq}onalAarportAuthorlty $ 7S3,116.10 F $ 13.44035 S 766,456.45 $ 151,069.66 $ 448,7E521 $ 144,,40434 $ 319,91.2,26 San Diego 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 $ 870,872.26 l TOTALS $ 54,528,2J 95 $ 1,251,748,77 _ $ 65,673,783.82 1$ {i 4:=I }$ ,53s.25' , j$ 4.3115•4101; livratsysnimcosir L i I Fs 70,015,20,.ni ' The $in Diego Rung Fire Proaetttoos Dtintt was :Waived MI 7/1/1fc tales Arne been moved to the County of San Diego rod roam. Fitly 12, 2016 381 of 616 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. 382 of 616 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. 383of616 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 384 of 616 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) $0.00 385 of 616 RESOLUTION NO. 2016 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO AND THE CITY OF NATIONAL CITY FOR PAYMENT OF THE NEXT GENERATION REGIONAL COMMUNICATION SYSTEM INFRASTRUCTURE COSTS TOTALING $1;270,762.58 WITHOUT INTEREST, WITH TEN ANNUAL PAYMENTS IN THE AMOUNT OF $147,379.98 (INTEREST RATE OF 2.79%). WHEREAS, on March 7, 1995, the County of San Diego and local governments, including National City, entered into an Agreement regarding implementation, governance, cost, and method of funding a regional radio system to provide communication services to public safety and public service agencies operating in San Diego County and Imperial County; and WHEREAS, The County's Regional Communications System (RCS) replaced the participating public service and public safety agencies' existing radio communication systems throughout San Diego and Imperial counties with what was at the time a modern, trunked radio system; and WHEREAS, 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, and is operated by the County Sheriffs Department with financial contributions from RCS parties; and WHEREAS, the 1995 RCS Agreement outlined three basic fiscal components to RCS Party participation and use of the RCS: (1) contribution to the construction of the RCS "backbone", (2) monthly operating charges, and (3) each RCS Party's own equipment and certain infrastructure costs; and WHEREAS, the 1995 RCS Agreement also established a RCS Board of Directors to make recommendations to the County Board of Supervisors, who have the ultimate fiscal and operational control over the RCS; and WHEREAS, on May 5, 2009, (Minute Order No. 2), on recommendation of the RCS Board of Directors, the County Board of Supervisors approved the extension of the RCS Agreement to March 31, 2013; and WHEREAS, on August 7, 2012, (Minute Order No. 1), again on recommendation of the RCS Board of Directors, the County Board of Supervisors approved the extension of the 1995 RCS Agreement to March 31, 2016 in order to allow sufficient time to transition to a new or "next generation" ("NextGen RCS") replacement regional communication system and to develop a new participating agency agreement governing the new system; and WHEREAS, the transition from the existing RCS to the NextGen RCS was to be implemented and facilitated by a NextGen RCS Agreement and would occur over the course of approximately five years; and WHEREAS, the Next Generation Regional Communications System (NextGen RCS) Agreement was approved by the San Diego County Board of Supervisors on December 3, 2013; and 386 of 616 Resolution No. 2016 — Page Two WHEREAS, the NextGen RCS Agreement establishes participation in the sharing of NextGen RCS Shared Backbone Infrastructure costs and NextGen RCS governance; and WHEREAS, the NextGen RCS will replace, modernize, and update the RCS and shall provide effective and reliable voice radio communications for routine intra- and inter- agency operations as well as inter -agency communications throughout the region during mutual aid and disaster operations; and WHEREAS, the NextGen RCS will include the following subsystems: a new trunked voice system, new microwave backhaul network, and a conventional voice system; and WHEREAS, on February 18, 2014, the City Council approved the NextGen RCS Agreement (Resolution # 2014-20), which estimated the cost for National City to join the NextGen RCS at $1,750,444; and WHEREAS, by approving this Agreement, National City and the other signing Parties authorized the County to amend Exhibit C — Estimated RCS NextGen System Cost to reflect the final system costs, without further approval by the Parties; and WHEREAS, the National City Police, Fire, Public Works, and Engineering Departments depended on the old RCS for mobile and portable radio communication; and WHEREAS, in an effort to reduce National City's costs for the new NextGen RCS, staff evaluated the number of radios that were necessary; and WHEREAS, as a result of this analysis, the City's Public Works/Engineering Department no longer use RCS portable or mobile radios, but rather, cellular phones to communicate; thereby reducing the cost to National City WHEREAS, pursuant to the NextGen RCS Agreement, the County agreed to purchase a NextGen RCS, and the Parties agreed to share the infrastructure costs by reimbursing the County through payment agreements; and WHEREAS, by entering into the NextGen RCS Agreement, all participating Parties authorized the County to amend Exhibit "C" (Estimated RCS NextGen System Cost) to reflect the final system costs in accordance with the cost apportionment method described in Section 11, without further approval by the Parties; and WHEREAS, the County awarded a contract for the NextGen RCS to Motorola Solutions Inc., for a total cost of $70,065,207; and WHEREAS, based on the total Motorola contract amount, the County provided final system costs and updated financing information to all NextGen RCS Parties, with National City's share in the amount of $1,270,762.58; and WHEREAS, 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; and 387 of 616 Resolution No. 2016 — Page Three WHEREAS, all participating RCS agencies, including National City, had a choice to finance the full cost or pay the total in full; and WHEREAS, both funding options were considered during FY 17 budget development; and WHEREAS, the main issue discussed at that time was the projected deficit with planned use of Fund Balance for both FY 17 and FY 18; and WHEREAS; as a result of the discussion, staff budgeted, and the City Council approved, an annual payment; and WHEREAS, staff is recommending City Council finance the amount to preserve National City's current cash; and WHEREAS, if approved by the City Council, beginning on June 1, 2017, and each year thereafter for ten (10) years at an annual interest rate of 2.79%, National City would agree to pay an annual principle and interest payment of $147,379.98; and WHEREAS, the annual payments are separate from the monthly operating fees that will continue through June 30, 2026; and WHEREAS, although National City will be making payments over a 10 year period, the projected life span of the system is 20 years; and WHEREAS, there is no penalty for early pay off should funds become available to do so and/or should the City Council direct staff to do so; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an Agreement between the County of San Diego and the City of National City National City for payment of NextGen RCS infrastructure costs over a ten (10) year period at an annual interest rate of 2.79%, costing the City $203,037.22 in interest, with payments in the amount of $147,379.98 beginning June 1, 2017. PASSED and ADOPTED this 6th day of September, 2016. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva City Attorney 388 of 616 CC/CDC-HA Agenda 9/6/2016 — Page 389 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 389 of 616 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 6, 2016 AGENDA ITEM NO. 23 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. DEPARTMENT: Engineering/Public Works APPROVED BY: FINANCIAL STATEMENT: APPROVED: 'ii( t Finance ACCOUNT NO. APPROVED: MIS 644-411-0000-51 1-0000 (Equipment Replacement Reserve): $596,337.17 $595,000 appropriated in the FY2017 budget, and additional $1,337.17 requested from fund balance, ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: L J STAFF RECOMMENDATION: Adopt Resolution awarding the purchase and build -out of eleven police vehicles and radios for the National City Police Department. BOARD 1 COMMISSION RECOMMENDATION: N/A. ATTACHMENTS: 1. Explanation 2. Proposals/Quotes 3. State of California Department of General Services contract 1-15-23-14B 4. San Diego County Department of Purchasing and Contracting RCS Contract #550743 5. Resolution 390 of 616 Explanation: As part of the FY 2017 annual budget, City Council approved funding through the Equipment Replacement Reserve for the purchase of 6 patrol 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 City's purchasing staff has confirmed that both the State of California Department of General Services Contract #1-15-23-14B with Folsom Lake Ford as we!! 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 National 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 General Fund. I 391 of 616 APX RADIds QUOTE TO; NCPD Chris Cameon 619-336-4524 PREPARED BY: Andy Grimm 858-564-3660 agrimm(u7davwireless.com DATE: 24-Aug-16 Quote Valid through December 31, 2016 *Line # Qty Part Number C1U0000370272REV001 Item Descriation MOTOROLA SOLUTIONS - Liat P,ie�a RCS Discounted Price Total Extended 1 M25URS9PWIAN APX6500 7I800 MHZ MOBILE RADIO $2,344.00 $1, 465.00 la W22BA ADD: PALM MICROPHONE $72.00 $455.00 1b G805BE ENH: ASTRO DIGITAL CAI OP APX $515.00 $321.88 1c G442AJ ADD; 05 CONTROL HEAD $432.00 $Z70.00 Id G6'YI:3C ADD: REMOTE MOUNT MID POWER $297.00 $185.63 le G444AE ADD: APX CONTROL HEAD SOFTWARE $0.00 $0.00 1f G3SIAH ADD: P25 TRUNKING SOFTWARE $300.00 $0.00 lg G51AU ENH: SMARTZONE OPERATION APX6500 $1,200.00 $750.00 lh G335AW ADD: ANT 1/4 WAVE 762-670 MHZ $14.00 $8.75 1i B18CR ADD: AUXILARY SPKR 7.6 WATT $60.00 $37.50 1j GA00S80AA ADD: TDMA OPERATIONJP25 PHASE 2) - $450.00 $251.25 Ik W599 ADD: 8 MODE DEK BOX $184.00 $112.50 TOTAL APX6500 MOBILE 05 HEAD WI DEK BOX $5,884.00 $3,477.50 $27,820.00 ifi;725UR:9PW1AN G90AC GB06BE APX6500 7I800 RAHZ MOBILE RADIO -- $2,344.00 $1 465.00 2a L2 ADD: i40 MICROPHONE NEEDED $0.00 $0.00 2b ENH: ASTRO DIGITAL CAI OP APX $515.00 $321.88 2c GOAD G67BC ADD: 03 HAN:314ELn C:DNTFROL HEAD bIIC $946.00 $591.25 2d - ADD; REMOTE MOUNT MID POWER $297.00 VI8+5'.03 20 ' G444AE ADD: APX CONTROL. HEAD SOFTWARE $0.00 $0.00 2f G361AH ADD: P25 TRUNKING SOFTWARE $300.00 $0.00 2 G51AU ENH: SMARTZONE OPERATION APX6500 $1,200.00 $750.00 2h 03355AW ADD: ANT 114 WAVE 762-870 MHZ $14.00 $8.75 21 B1 SCR ADD: AUXILIARY SPKR 7.5 WATT $60.00 $37.50 21 GA0058OAA ADD: TDMA OPERATION (P25 PHASE 2) $450.00 $281.25 3 TOTAL APY165t0 [iMCOMILE 03 HANDHELD CONTROL HEAD $6,126.00 $3,641.25 $10,923.75 L Equipment:' Total $38 74315 9,0 % tax on Equipment $3,486.94 Tonal Equipment and Tax $42,230.69 3 8 G24AX 3 Year Warranty Servcie from the Start S121.00 $121.00 10T TAXED $968.00 4 3 G24AX 3 Year Warranty Sorvcle from the Start $121.00 $121.00 IOT TAXED $363.00 Order Total (Equiprnesn , Tau, Warranty): $4 ,198.69 Discounted Pricing from San Diego County RCS Contract # 553952. Shipping Is included at No Charge. PO's must be made out to Motorola Solutions, INC (not Day Wireless). 392 of 616 FOLSOM:LAKE FORD THE FP D SOURCE 12755 FOLSOM BLVD. • FOLSOM, CA 95630. (916) 353-2000 2017 ORDER 10-12 WEEKS STATE CONTRACT 1015-23-14B RBA 9DR 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 B7R RR VIEW MIR/CAM 90E LH/RH PNLS III 92R SOLAR TINT 2ND 936 CAL SER VEH EXP FLEX -FUEL 153 FRT LICENSE BKT DANIEL A. RAIMONDI Fleet bGnErctor jj (9 PATROL (916) 353-2000, Ext. 376 Tali Free 1-800-655-0555 Cell. (916) 825-1622 Fax (916) 353-2078 8/1912016 $30, 967.00 $ 2,787.03 TAX @ 9% $33,754.03 $ 8.75 CA TIRE FEE $33,762.78, $ 350.00 SHIPPING $34,062.78 DELIVERED INCLUDES WHITE ROOF AND 4 DOORS WHITE taw,o 2.7, .t2-0Lif-37o,(0g) uePir 4-330,43 &Lf-ram 393 of 616 17=11akl"20 1111 II I I MEW DeiAtered as Promised NET 30 DAYS s NATIONAL CITY POLICE DEPT 0• 1200 NATIONAL CITY BLVD L NATIONAL CITYCA 91950 T 0 4707 Northgate Btvd. Sacramento, CA 95834 Parts Dept 918-646-6626 Service Dept 916-646-6536 Fax 916-646-6656 ONTRAC ** QUOTATION ** Ord # 01 57226 P/0 # 6 PATROL 17 NATIONAL CITY POLICE DEPT H 1200 NATIONAL CITY BLVD I NATIONAL CITY CA 91950 T Page 1 Br Accnt 00 53595 NM HO 8/05/16 11:28:33 Expires 11/12/2016 Y Part Number S DescriPtfon WtEacti Net a2ue 001 6 SE BK2019ITU12 .6 SA315-2 •:-. oos • 004 • - • •• • • "6 WIT''IW8RRHB-:-'-•. 005 6 WH STPKT83 006i.. VT4.609R. 007 6 Wg'it,06PSit '008-6 WH I0NR.................... 009 6 WH IONB Or.:044140:.:: 012 6 LE PKILLMAd 013 6 SE GIC11191B1SSSCA 016 6 HS C-EB25-MA5-1P .6_, Hp P PB450L4 IONS F SIREN SPEAKER.. USE' 'KA' BRACKET. LIBERTY F STRAP KIT VEAT.14 RED: 1,14,4:4 F 'ION- LED RED- F ION LED BLUE .i.OENOD$ ZAFFIE F SIREN PARK KILL F GUN RACK 1B1S it:00441u; ttlItatry WE: PLAT.E 1 IV F " F 018 • 6 BS.. 019 - 020 6 HS C-SM-800 021 6 KS C-CT.M2.7 I . : -1tS .e-Ar-00/5 023• - • 12 MM " 024 6 A2 14.0553 • 1)5 . ;0, ,NS-:,,C-tipm, '027 ' • 6 HS* C-VM-102 - • 028 6 HS C-HDM-401 .-.,6-11S--CADP4,2014: • :.„. - 030 4101 • b3r RD: Nrittic;i.13s- • • Part Ordered: ## 02 51341,TRAB80.63, 03 1 Sta. :2$401 • 034 6 MS DECALS 035 § LA I --6 po : VI, OVItThlea11040: 038 6 HS DS-PAN-111-1 P F F FACE PLATE 1 PC roxx._.13A..im, I..., PC ?LT; CON, SM 8TMS ODG cONAC67,C11FRLD Co.#;ArtgOke'llif MAGNETIC-M1C:KT 3 ACC P/S '71404-11PVNT--• P0PE:iTELEy1.1D11; a • „. „ • . . • ' „ . • 'SWING ARM-MTLT. SUPPORT BRACE FXDADFMEVrg;DO'. 'DOCK • -I4AftER E' COAX 'CABLE NMO-K- -DS , RERNIM4,410W-P4.0,. • DECALS I NSTAL LAT ION t0.7/40L:: Aica. RAM: CF31 DOCK SGL 726.0000 4356.00 205, ppop.... 28 000. . • .168.00 1650 .joOo-o -• 9900.00 78.0000.. 78 0000 I20 6000 120.6000 01:09' .625. DODD 4/:Obab 729.0000 WOO: 468.00 4600 723.60 723.60 3750.00 252.00 4374.00 1386.00 109.2100 655.26 35.2800 38.6400- 28.5000 25.3200 91-5600 133-56 • 26.4.5100 54.6000 igAboo 211.68 231 • 94 34.2.00 151.92 549.36 801.36 '1587.06 327.60 41.0000 246400 88...6600 345.0000 2070.00 195.0000 1170.00 3050.0I183O.0o 642..00 735.0000 4410.00 :110.1n..13W • , Erg r QOPEIMS- 'HAWASSO MAT . LEHRAIITO. COM SALESALBERAUTO. COM RCVD. BY: 394 of 616 *CONTINUED* 11111111 I I 41111111111111 0 L T 0 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 916-646-6626 Service Dept 916-646-6636 Fax 916-646-6656 ONTRAC ** QUOTATION ** Page 2 Ord # 01 57226 P/0 # 6 PATROL 17 NATIONAL CITY POLICE DEPT 4 1200 NATIONAL CITY BLVD 1 NATIONAL CITY CA 91950 T 0 Br Accnt 00 53595 MM HO 8/05/16 11:28:33 Expires 11/12/2016 firAt*":14WOOtt.'-. • • "'.;- • sCrAPtion,:-- - • „ • . , . . . „ • t value 039 6 HS LPS-104 . .4a. 4R7REpp7w7p7:9 • 041 6 VP-'03-0211 ' -042 - • 6' HS CARIVI.-101-:' • ' '- 043 6 SE PK0715ITU12TVISCA 6: :SE.; QK06341Tql2 -046- - - - - -6 SE PKO3I5ITUI22ND 047 6 SE TK0241ITU12 'OP SX4DNG , . 6 SE 048 049 050 6 SE WIC0040ITU12 6 SE T1<0476ITU2 ' . . - 051 6e-MS NPN P CF31 POWER SPLY PRONT ltivrimsT 8VS RP 75/25 (=OUR lawo: WINDOW WARM, 12VS tEkAN PART 2 DRWR CARGO BE LOWER RADIO TRY REAR WINDOW SET woo DEM54rizA 14ISC PART 5LB FIRE EXTINGUISHER W/VEH BRACKET 052 6 LA I INSTALIATION • . titSTMLATION pr. ii.B0VE -940TED num 1111*la,r MOM.. 053 6 P3 CF-311463201 CF-31 CPU CE-Y1 114632K11 (Win10 Pro COA),r Core i5r5300V 171.8500 1031 .16 75-0000• 450. 00 59-5,- 0000 '4570.06 6'5.9600 395.76 699.0000 4194.00 639.2000 3835'. 20 •167.2000 - 4003.20 351.2000 2107.20 959.2000 5755.20 285.6000 268.0000 1713.60 1608.00 299-2 219S-4)- 85.0 510.00 ,2995-0000 3,79.70-.00 PackvIDV RADT0 • : • : • . . : 4800.0000 28800.00 2 . VFro , 43..4# Xpyik TOUCh 5b0d8( 7200ito) rate]. Vi-Fi - • . TPItt Bluetooth, Single Pazia- (SeleCtable),- 1/11E Multi-. - Carrier (EM7355), GPS, Emissive Backlit Keyboard, No DVD Drive, ••.-7-oughboolc .-Prferred• CY-31145320•14 49-29--!.00 . 325 '..:m1:„50,1.Npr,z:.. • 120052.26 P.F4MMMV, I 1250.00 . • P/RE TOW- t . , : . .kriAPAPLE11% W F4,1 LEHRAUTO. COM SALES OLEHRAUTO . COM I RCVD BY: f. L 10804.70 132106.96 395 of 616 FOLSOIVWKE FORD THE FORD SOURCE 12755 FOLSOM BLVD. u FOLSOM, CA 95630 (916) 353-2000 2017 ORDER 10-12 WEEKS D ANIEL A. RAIMOND1 Fleet Director STATE CONTRACT 1-15-23-14B t SUPERVISOR KBA 4DR AWD POLICE .112.6" LIB 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 HDL[1P 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 1-800-65.5-0555 Cell. (916) 825-1622 Fax (916] 353-2078 8J 19/2015 $29,867.00 $ 2,688.03 TAX a@ 9% $32,555.03 $ 8.75 CA TIRE FEE $32,563.78 $ 350.00 SHIPPING $32,913.78 DELIVERED INCLJDES PAINTED WHITE ROOF AND 4 DOORS WHITE 13-)_,913,rie upc-tr t5•31412. Tb' 1e'L, 396 of 616 AIIIIIII Delivered as Promised NET 30 DAYS r NATIONAL CITY POLICE DEPT O 1200 NATIONAL CITY BLVD • NATIONAL CITYCA 91950 T D 4707 Northgate Blvd. Sacramento, CA. 95834 Parts Dept, 916-646-6626 Service Dept 916-646-6636 Fax 916-646-6656 ONTRAC ** QUOTATION ** Ord # 01 57259 P/0 # SUPERVISOR s NATIONAL CITY POLICE DEPT H 1200 NATIONAL CITY BLVD P NATIONAL CITY CA 91950 T 0 Page 1 Br Accnt 00 53595 MM HO 8/08/16 7:23:16 Expires 11/15/2016 001 002 :003 '004 005 0:06 . to 8 009 0.11 012.... 013 016 Q17 020 :' 023 024 • ..025 027. 028 0-29 ..30 ±.. 031..... 032 :4 .. 035 036 039 SE BK2019ITU16 • 8A41,5R, W[ S SI %ihTf31Y$E 1 WH STPKT83 1 WH 6O9B >:.. 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ISISC 51,E FIRE EXT INGUISHER W Vag MOUNT • , . • •. . . 050 1 LA I INSTALLATIoN •2850.0000 2850.00 INSTALLATION OF ABOVE QUOTED EQUIPMENT- CUSTOMER TO PROVIDE RADIO 0S1 1 1)3 cS-1246-32KM CF.,41 48004000 ' 4800.0p. win7 Pro COM t Intel Core i$-,531000 2.3.001It„, vrroi XGA Touch, 4GB, 500GB(7200rpm), Intel WiFi a/b/g/n/ac, TPM, Bluetooth, ..$4nglq_Fass tSelectable), 4G LITEMulti Carrier (EM7355)4.GP4,...EMlisPive . •,Backlit Keyboaxd., No I= Drive, Took kreferred : . . • - . . . . . . . . . .-. • . • . 264.5100 54 .6000 464.2, 190.0000 399.2000 •-958-2Da° _285 6090 268.0600 351.2000 85-0000 264.51 54.60 46.28 190.00 399.20 959, . 20 285.60 268.00 351.20 85-88 r 53 i. .Tomii...4011e.-__._ 18576.56 " PART.TQN. .P5METPW FQMV. LEHRAUTO. COM SALESOLEFIRAUTO. COM 250.00 . ,FREPOT RCVD. BY: OMIER0. TAK 1671.89 20498.451 398 of 616 FOLSOM LAKE FORS THE FORD SOURCE 12755 FOLSOM BLVD.. 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 TRAM 53M SYNC. SYSTEM 1.6D BADGE DELETE 17T CARGO DOME LAMP 21L FRONT AUX LIGHT 423 CAL EM NOT READ 43D COURTESY DISABL 51S DUAL LED LAMPS 55B BLIND SPOT INFO 59B KEY CODE B 6OR NOISE SUPPRESS 66A FRONT HDLMP PKG .GRILL WIRING 76R REVERSE SENSING 87R RR VIEW MIR/CAI 90E LE/RH PNLS III 92R. SOLAR TINT 2ND 936 CAL SER VEH EXP FLEX —FUEL 153 FRT LICENSE BET DAMEL A. RAINIONDI Fleet nlrector LIEUTENANT $30,694.00 $ 2,762,46 TX @ 9°!0 $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 (916) 353-200C, Ext. 31e To Free 1.800.655.055 Cell. (916] 825-162i Fax (916) 363-2078 8/24/2016 399 of 616 0 L D T 0 MEM 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 916-646-6826 Service Dept 916-646-6636 Fax 916-646-6656 ONTRAC ** QUOTATION ** Page 2 *** DUPLICATE *** Ord # 01 57219 P/O # LT SUV SLICK NATIONAL CITY POLICE DEPT H 1200 NATIONAL CITY BLVD NATIONAL CITY CA 91950 T 0 Br Accnt 00 53595 MNHQ 8/09/16 9:44:40 Expires 11/12/2016 y Pat Number S .1*ierlirtion - Wt Each • : - . • 190.0000 190.00 268,- 0000 268 _00 517.20 3-51.20 -85.0000 85.00 045 1 LA I ;11tSPALL471014 345,(1;101909. 4450.00 LABOR TO INSTALL THE ABOVE QUTOED EQUIPMENT -CUSTOMER TO PROVIDE RADIO NOT YET QUOTED -OR INCLUDED ON THIS ESTIMATE -**TRUCRIVAULT** , • **QUIP TRA.Y** • -.• **FLOOR L I FT* * **NO DECALS** .04S 1, TV .C-FD 41.11F-48 'aomitAND tirirrER. Vehicle Years 2017 . • .. • • Top Drawer Locks: Black T-Handle .Bottom Drawer Lock : „Pub ,Button With Key 0Verrid-e, • - - Black- Conipbsite"Drawer -Front6. ' - Exterior Carpet: Grey Interior Carpet:- Grey: gnetic »ry Eias Mp Boar . - • , , . . . . . . ' : . n 51 21286.02 550.00 1915.74 Taft% I, LN1TF MU TQTAL OCI.RE VYT61- rweur !ikIggiKO. moo WWW.LEBRAUTO.CaV SALES@LEBRAUTO.COM RCVD. By: 23751.76 400 of 616 1==AEV421 ! t� Delivered as Promised NET 30 DAYS NATIONAL CITY POLICE DEPT O 1200 NATIONAL CITY BLVD p NATIONAL CITYCA 91950 ✓ a 4707 Northgate Blvd. Sacramento, CA 95834 Paris Dept. 916-646-8626 Service Dept 916-648-8636 Fax 916-846-6656 ONTRAC ** QUOTATION ** Page 1 *** DUPLICATE *** Ord # 01 57219 P/0 # LT SUV SLICK NATIONAL CITY POLICE DEPT H 1200 NATIONAL CITY BLVD P NATIONAL CITY CA 91950 r 0 Br Accnt 00 53595 MM HO 8/09/16 9:44:40 Expires 11/12/2016 001 D 3.: 004 .:... 005 70:7 . 008 009 010, • 01 012 013 016 017 :018 ••019. 020 .P21. .0.2 . 024 026 :. 027 028 1 HS 1 HS l •> : C-E..-06s=1P 1 HS .. C- FP-.2 . 1 HS C-FP-1 1...1HS -: C-sM-80Q.: " -1. HS: • C= -, 01 1 A2 14.0553 l RD NMO-3 - 35.:.. . 1:: RI9 .,T 0 00- 1 SL25307 1 P3 CF-VDM312U 029., 1 F3 01 A1304.d - 0.30 ..:1..BS. DS-?A -11T1..: .. 031 1 HS LFS-104 0 2 . .2. RD AP ?S30a*W-S2-fit' 034 1 HS C-HDM-153 035 1 HS C-HDM6202 ,}Ty.. ('� •. :YK .-.... .... 1 :HS •C- D. - 2....-. 038 1 HS C-ADP-104 1 WH SA315P 3:. WYI343'...:. 1 WH IE34UR8 .1-_ .. VTX09R. 101.1 ; 2 - WH IONR 2 WH IONB 2 Wl 2 WH TCRB34 1 WH CCSRNTA3 C-V: 1400-.1 T C-EB15-HLN-1P C-EB25-MA5-1P • F SIREN SPEAKER PECAN RTK DUO HOUSING IN/EDGE -' :iE:. 0 'K .. BLS::.. F ION LED •RED • F ION LED BLUE TRACER MNT _ K I T F CENCOM SAFFIRE F FACE PLATE 1 PC F . FACE, :,PLATE ,..1.._PC . PC- PLT,1MS, . F-_CoN,a11,,.8TMS,.ODG... F ARlw1 REST .... F 3 ACC P/5 E': t AI CA E ' 0 .Its '5L20 W ... yp F DVD MULTI DRIVE CF3.1 .DOCK....SGL F CF31 POWER SPLY FB .Y= Aft UT ZL S F FLOOR MOUNT F PLO#yLL TELE,}H�DM,yB 6F'R'P. fir'". F FXDADP,DEVNT,DO 205.0000 205.00 , .: ..., 2 00: .123' 6000>::. 12.37 C t3 1104.6006 .:... .1104 O I20 .'60O0 120.6000 7€ . 00 78.00 241.20 241.20 1042 921' .S000 1855 0 28.0000 .......56.00 625.0000 625.00 42.0000 42.00 232.0000 231.00 1.09 .210.0... 24,5000 62.15000 25.3200 18 : 5000 41.0 305.0000 73.2..,0000. 142.0000 75.0000 91.5600 133.5600 1Q•9.21. 57 00 62.00 25.32 18.5! 41.00 99.66 305.00 107 00 732.00 142.00 R00 ,00 91.56 133.56 4 R52 54.. 60 46.28 . IRE MEAL _ WIN. LEiiRAUTO. COM SALES6LERRAUTO. COM 401 of 616 *CONTINUED* Plir'Wfigg MOM ism= imam A AVCSIOM Q-[!9'1N 'VEHICLE BUILD SHEET Sales Order Number{sj 01.57219 Customer Name: National City PD Customer Contact: Chris Carman Phone Number: Fax Number E-mail: ccameon4natianalcityra.gov Sales Contact: Mike Mcgee ,1lrl! 71? AVOW SA: the Date I BM/2016 1 Revision 1 Delivery Dale! TBA Vehicle Make: Ford 1 Color !Black Vehicle Model: Utility Vehicle Vein 2017 otal # of Units: omments: V KcLE.P 'o.,R,. -, I•._ ._.__ _..MS...__ ... _ .._....__ PAST#.LN.OTES.!:C.U.STOMER OWNED?_ _ . _... .._._.-.-._...._._.___- Power Harness X Timer FRONT -MOUNTED -EQUIPMENT .. - Wig Wag Flasher X ._-YES •. X 2hrs ..-ACTIVATION: -DS COLOR —PS -COLOR' -. - - .- -FART # i NOTES i-CLfSTOMER•OWNED '- - Levet 3 PK White White OEM Factory Fog Light Housing Lights X Level 3 Red Blue OEM Vier Lights X Level 2 Red Blue INNER EDGE DUO Siren '.esker X Level PK REAR F OUNTED EQUIPMENT Lipper Rear Window LED's YES ACTI'.'ATION DS-COLOR PS COLOR PART#; NOTES"! CD STO ME.R OWNED? Level 1 Red Blue REAR INNER EDGE RIM Reverse Light LED'S Ill Level 1 Red Blue LiitGatefTallGate nterior ROOF MOUNTED EOD PMENT Radio 1-Antenna Location YES X Level 1 Red Blue ACTIVATION PART # i NOTES 1 CUSTOMER OWNED? SEE DIAGRAM RADIO Other -Antenna Location X SEE DIAGRAM GPS SIDE MOUNTED EQUIPMENT TRACER DRIVER YES X ACTIVATION DS COLOR PS COLOR PART ii i NOTES! ',:',US TOP, OWNED? REDJHIHITE TRACER PASSENGER X BLUEiWHITE C PILLAR X IONS OFFICER AREA YES WIRED PART f NOTES i CUSTOMER OWNED? Console X Floor Plate Kit X OEM Cup Holder X Arm Rest X Mic Clip X MMUS1 Power Port X Timed FlashF ht DID Makeltlodel X YES X Timed WIRED PART u i NOTES i CUSTOMER OWNED? Constant CF-31 Docking St tion X Constnt DS-PAN-111.1 GPS Antenna CONTROLS Lighting Controller X YES SEP- O'AGQAr,! WIRED PART tit NOTES ;CUSTOMER OWNED? Timed Park Kiil Ham Ring Transfer 11111 Front Flash Disable&Park Kill 'RA DrC 1 Make!tiodel YES !MIRED CONFIG. PART IT i NOTES! CJST OMER Q VNED? Constant Two -Piece Antenna Location SEE DIAGRAM RADIO Re -Broadcast Select I_ Mir Cii. CARGO AREA Command Box YES X PART r ! NOTES ! CUSTOMER OWNED? TRUCKVAULT-WITH GUN STORAGE V OULD YOU LIKE THE CEM EQUIPMENT THAT IS REMOVED RETURNEE,' TO YCU' Select CONSOLE LAYOUT WITH FACEPLATE MMMOCE[NUMBERS: 5" 1" � j 3 REAR VERTEX 402 of 616 1 5" 2" 2.5" 3" 3.5" 4" 5" 5.5" 6" 6.5" 7" 7.5" 8" 8,5' 9" 9.5" 10" 10.5° 11" 11.5" 12" 12.5' 13" 13.5" 14" 14.5" 15" 15.5" 16" 16.5' 17" 17.5" 18" 18.5" 19" 19.5" 20" I 20.5"6 21" 21.5" 22" REAR IONS-HATCH•C PILLAR REAR INNER EDGE FRONT INNER EDGE STEADY RED FRONT INNER EDGE FLASHING BLUE TRACER DRIVER TRACER PASSENGER OEM FOG OEM WIG WAG offIrx,.:�.� +,d „� o,,,-,:.'-4w,.1,iedP-.4. Switch A TRACER DRIVER WHITE Switch B DUO TAKE DOWN Switch C TRACER PASS WHITE Switch D iSwitch E Switch F HICHLI5Ptf ANL+ CIEI.TTE TO REMOVE ANY NONAP PLEC:AEIi.E CON TROLL Er S (AEI d iw'..i1 rtantrol nrs can be capik from GRph,r5 rahP CENCOM SAPHHRE 1 ! a $ • r • CI CI MI OD C11 CI x a CO 111 OM El • " e i 295HFSA6 23 $ 9 o a,0o• 1 iimildp 403 of 616 0 seIP 116 I , • ,Ido„ 11.411,1A.,I. 0 LIthf I LULA it3f48 & A ENNA LA YIDLIT GPS ANT RADIO ANT • vrai , 4:4" MANUAL A.4.11 .11:71.1.4 , „toiseCOCE.7 • 404 of 616 GATE 405 of 616 MAKE: Ford MODEL: Explorer DOORS: 4 REAR DOOR OPENING: Hatchback YEARS: 2017 REAR AIR: NA SPARE TIRE: No Access STYLE: TRUCKVAULT INFORMATION STOCK CODE #: C-FDEXRN4-11 P-PS 17 40 36 FILE CID 2911$ 10 1/ B AN. i Pop -Up Ili Magnetic_ Dry Erase If <--1 Map Board 'SIZE WITHOUT WINGS: 30 1/8L x 40W SIZE WITH WINGS: 30 1/8L X 40W OVERALL HEIGHT: 27 7/8 WEIGHT: 322 DRAWER CLEARANCE: DRAWER LENGTH: DRAWER WIDTH: DIAGONAL: A: 10 a: 4 C: 4 318 D: 10 1/8 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: EIWITVITIE 4/20/2015 DAM Years 201 - (800) 967-8107 (360) 855-2239 (fax) wuvw.truckvault.com TruckVau]t Inc. PO Box 734 211 Township Street Sedro Woolly WA 98284 406 of 616 2015 TruckVauft Inc 1 �4fi a� �i r •io a 0a • • a �f f+t4i "F ii�a• • Police • ;ri ,O �.. . • • 4, •iii1►�0 This feature allows you to 1 ave-the engine 1(111 10g-7 DTP, _ rrl IJn)iuu1.h{)fl/Cd use: when outside of you! vehicle. Allows the key to be removed +ron`l rgr3ittcgr't.v 1''fl . r'blabre rir�r� i� �rrag. Switching the SystemOn: ws��mclb lio ����'.,"`ih1��4=� .7�_`+_. • '��" � W your vehicle running and the transn i sion in park TP), p es the bu(ton on'the instrument panel Awarning Tamp iliuniinaLes to confirm the system is on • Switch 1.he i.grlition 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. Nola' The .doors can be unlocked wrtf7 the key blade q. • The liftgate or luggage compartment does rot open bust can be opened Nth the k,ey' : .Y �•cs.,ali0 1.04L aSwitch the SysternOff: «•�!• 7s��o•••••����,..., The system can be switched `off' by doing any of the following: o. e'• o • o o • • • ,� s • Inserting the key and s;^ritc,hing the ignitsori to We run position. s • e • • e o e o o • • • �s c • Pressing the button on the mstrurnenr panel .... , -% o • i o • • • • •• • r • 4 r a ., +J Note- if you switch Ore sy tern aft bcfor'e s iicloeu 11)e 1 r 46, � Ari • • • gib • �=` ••••••••••••••• -- Option Code: WA) your vehicle shuts dowry :. a a, l.. .�.. ••••••••• ••••• 'r!".♦•A••••• •!•••••••••• • •.-- QrCDA••6••••• ••••••••••••* �• •••••••••® Q•••••••••••• • •••••••••••••'-- IA; f• • • c C•lb e -' ''• 'h�J f!C- �'C'�CL CIiL i_„ p� ��� �If � .._,. -'Cq :Jn •.�iYS �41r�E ��t_fy611r�•''�• • O • • • • • • i • 408 of 616 Front Interior_ .� • � �4 i • ' • �� MIN.". ��.Zi::: � t .Z?- ` i`�� ' -- 7� 'n ..ram_ .a_._ - Take on a steaRth appearance With this low ar it@' i`r' L Tri f iek l WarningLights • The interior visor Light is a super low-profi'! light integrated into the top of the windslhk Id • New interior visor light to provide a covert feature ,r r.ngeh.cy patrr l v+hicles Dirk shade band at the top of the windshield is replaced by clear glass when the visor light is ordered, providing superior ralar visrb I:ity and brightness, The interior visor right comes with a limited warranty r;nd maintains the spacious interior feel that many agencies love about the Rites,[ . rt. gc.ncratior3 or Ford Police Interceptors • When activated, the interior visor Iight flashes bright, .ilternatinq r ;i and., blue bars on the top of the windshield anLI, pan b.e pragi art mod fpr r redired or blue blue operation . ,.. }_ .. �.-` ;� s * o • The visor light also features bright white "take down." and '' eerie•' .. capabilities, which give excellent forward visibility, and can be setup to meet California Title 13 regulations. trba eb • sir • The visor light can also be programmed from full intensity doVVr tb ?0°,� • as needs dictate. e • • • •14i+74•e•••• • •I.• •••• ii•••••••• Option Code' (96W). FnzFiiirq ❑n'I111—r. - -- - Fn`- =r_= 40000••••••• ch4/••••••••••• ,cr••••••••••••• "+••••••••••• go qb :111111111W, e #• s y•elip Rio a*no lib lib e .•••41►•••s� ►t • • • • • • • • r • • • • • •�►•�' l +l t rcei for tJtr�liky Only: ��••••••••:, • • • • • • • • • • • • •••••••••••aa •••••••••lealb •`•••+••ei. • ••••� you- fn,` itr `ri 4R>D,I'rrft- Alp gimairiltirenelo 409 of 616 410 of 616 ..., _I:7;4z „..........z... . _ .......n:,....iir..._.:c47.........:.....:41).... ..... r � ft•• • P,11s L k `lam, � ikS7 r r + V� YY!{ tti...........yam ! s_1 ....• _r_� • ••w • __ • Tested and meets the requirements of NU Standard 01 O O1 ,3O--O6 f 12 AP 16 gr (7,62 x; 63 Ai4.12 10.8g) :.• �� y 4041. 1 =s ��gib 41:11 s % Oesirgned to withstand special threo.t rounds: ` � w "' � tea►+ '` •;+ • 7.62 x54IRLPS 9.65g 7 52 x 51 mm M61 75g (,308 Winchester .514r) .. li+ `b sq, t.. .` 0 ♦ ri ' +sue •• �t In addition, Level IV incrudes all of the N1,1 Level Ilr and LAPD rd'und.t. listed berow: z, -. ,r �- 1. w'� 11 "ap'. %� b eb► s Per LAPD requirements, they're also designed to withstand spediil threat rounds: - ;'la 4 • 7.62 x 39 arm MSC 7.gg (Type 56) .41.7,"ban w • o A a » 5.56 x 45 mm M193 3_36cy =4 ft e . - 5.56x45mmM8554 .. ore���� Note: This action was made available for production on _• • 016MIY Police Interceptors beginning March 15. 20716 • • �irv.•400•011110 . ; aa••••••••• • �• Level IV Driver rJF :%r?••1.••••••••• Lever 111 Driverr''P,,r'rgrid0• 4 yl • 00411000000.41. • eta •••`•••• �•! rf."l'i�re Q11,7f•c Jfl C.=,-:I`J'l' CC. 'C1-:1'I _I„ e !_ 211JI'�r- Ir];r. _ h�__4 AI' yr'�Ey ;7_3IC; i_' Qadl@ �S r2Tv:4jN'. + F�fE� 4 � 5 fi�4t[�gliii l• •••�0� 11441D41"6 "ei' s••••••�•s�•4aftw-+ •- ••••••••Maftft'+• •ebef •• •• •••• •• 41•!�► e • o., ••••••••••••••11►••44 • • • • • • • • • • ! ! • • ! • •!•!! •••••••gl • ••••••`•••4!-z •i••o!!o a•ra • •••••••!!•o tle Puth;r 411 of 616 4-_ _r _ t f, ...... ....... , OI71Y11_'='z _� ''4 _fI' e. 201 .. -', -- ._..,;,,,7;i.Z,Z'; -_ 17I Y Base Police Functionality .(0ontgurea ;WW(L_� Sta.) �_1.;�•�,: base Poli e Functiona hh'i � on?�r crre,d 100 std. • No L c@cinq Horn Feedback r _.� �Mik � `.,"�, _� ` ` No LcckNnq Flom Feedback No Locking Light Feedback ,� -- No Locking rn Lard t Feedback No Un-Looking Light, Feedback ` `• _ • w .1. _ No i��u=1_'''' .Ir1' Lrg Feed "Ick 1 ., 9. if DRLs not ordered. 10 change vs. 2016MY Dark Car Feature�;��%t�r� ordered) w � z�� a a. �; � =r � - ,. Courlesy� Lights CIF i ; o *T. �: : If DRLs ordered: Mayorder Silent Mode only F �+ elcome Fa r .i�'t'i' I l CFI" ¢ r _ • • 4 � WI • AbilityTo Turn OFF Cluj crr'Centi C Stt e e �� a*• -. LiiSilent Mode , wh-,. ,' en,s Lrghling vra Do -wrier 5.jich i x 0.-Ive.a a • � �40-:1�rir•: {+ Lid ht ; ''F lb.*!I,,b i * ,- ',; a -i. Far, vi011 OFF Daytime Running Lights �a ®c ! AU!ii'y Ti Torn OFF Clusters' 6ntor tack Lighting Always On a y et ,..ri,1-3 oir r r r `.'-,'4,,Itt i-1 s ;.e-4v a {if equipped) 4" Ali4 .- DRLs = OFF, .. (Cariadia = ON) -iagOgAq - c asi;.4.0••4*•ov,.4- - evi a 0 • • v • AI ilk, f >�l ; rci 4. s n 4•••••• 41. •••••••7 a° '~ it- qr 4♦•••4••••• `l i .L rl+ .l 1a gow~ Cam:. Q40•••••••••Si Mteqr _eAr 0 lb II la• 4 c►O •••• ••• Ilk • gib • - e hir0�, 7 Ito`nardp.9&;E e.corileril5,-Ai;eclteCeh'�:� 0. ?ea="'tar . 9t? .6 'BSI Ff Pats T„w!'2ri1., IGO Arm,, __ 0 C I 412 of 616 +b �•i•i�+ •••••• �•••••� �•�•• •••••••C1 45+ _ w04�omiqb+�•• RN•.►•wme•••' # •+`r!b•♦••ll •'�r•i�+eir1 ., Fa q�.• �iab• �s.�.y�vbrY -+r NgO1Mt • �r i d �I► '1ti s+ ! Alb --s,.. Ab c A,_. �7,• '. A •. . � r • F. w 1 s 410110110111016 1111 � 0 11Yi ell All; in.jlI r;'nvr tp „ , .,,w , '�''�`� ♦••••� ••••• • •• ••••• • tea• b d _ • ti ~4 - 6 +- = • •.. �.• `a. .emssue 3001AI i 311� aPolAl ivaiS UJ000 opoiN luovs The Power Distrihulion Lug has r••• as . �♦ .tea r` — •� - - i t1� ram! tit~rye • Z� - .- i • r�eeFrn rcporO sii'h�d t C arllnr Previous location Was oil passenger td , rear cargo, area,--- beh nd lender .wa'II • New ror_ation is pow be • Standard [police feature • Police Interceptor Utility Only 4,• .. 2nd row passenge -fide floarboAr r floor p 1rie ;cCCM Mote: This action was Implemented on 2C1-[ i Po!ice rinterceptor, o, Utility models in late Nov/Dec 20-15 loft "ice ��'� ••~ a4i♦�. gib •. 11,.. *0♦0 fir • Standard Equipment tint CI ek 'el egie.01110 .e0•••••• r30Q4+4•••••• 1<•If►IPdrrIlk ••• lib ••• r,s0 •••~•••••• • u . rt r+t lteb emoo ••••••••• ro rear passenger AEk uehiele 1110 ..nd n ,-Hlt4 cr_ntem-objFd rb, Fyr-go rut . =r node-Ilo'=- -afl , Si[ rn 1A n • • a • t jt � Power Lug set into position (red box}. behind 2nd row passenger side floorboard To frwit passtrlg&r aide o vehicle 2rd row passeng:-r seatback 414 of 616 L Ba ek side of 2-arow seat (driver side j L,._ � i dab 's'A s r Co_ AID � ma .. -ea- y ,, am. • NE, ti • . 1 Back side of 2^a row eat gig. I (Pass side) e , ,1174 =� _ . ti i w ``_ lb o lb. • • it Ill *qb lb 11111 . 00000000 )111004.011.0041, 100.001.00004.0 an ia�d quipnieni , �h .s trif 0000000.0041 `7-.• F'r,11Vre 5, gpi.on 7ind r-c4. q1 rnn1.'ill Lulli.., i !r. , �'!� i , . Wirl't py;.0 h. i :,I t 1 i.,, il�� '1 9 '( ^ ,�;.,M tie W� M�- h� • • • • • ® 11% f' 'rZ vyY - kNt�n gik_ 0 na, 444 • ••• 4.• - 4. __. '41 - • Red,White Dome Lamp is now LED 4r• .11.p. 0. Oar .1.. ..... . ..- Ili mia aik 49::: 4Y4 44 44 -.... •:-...- . - . 4: rte.. .41.......40.4.........%: :...--, r 1 4:116 Mik"..4....L.fir I.' 4.1716 4.4. 414r•-.. ...... .......". ..4%. ............... i..,.. ......,.kt,a_..... 11.20 1: zio ....................... .........:. ...• . ... _ •....-. -4.. ...qr. , .7. 44 .11• .1. mi• • mi. .11Ib 11. 0. a • • . . . . . . - _ , . . ..Z.......: . . . .... ........ . .4 • • : : ...i. : :I. : : .... 1 . : . . .. . : 4E. , mg. ...._ ...• .111 MI. 41M, AO 4. • ••• . 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Note: This action vy.as implemented on 2016 Police Interceptors models in late NoviDec 2015 F1,0iv, Row — Standard Cargo — Option 17T pa.r..:11!age Cn1en bet h h:rige 424,11111•••••••••iii r- 110 410 1110 11, 4110 4.411 1110-10.0, 41Ln, 0.1th yriiirlu i 'Vr41119111N01,:i. nor 711./ • 1 lb lib IS. lieto 4r.a. /64;0614a64.4; ri ' 11 111010 111101111"0 v. "11110114101b4bli, 7.. .46461.1“Ibla ailb .1.....46•6e1,..- •••••••41,..1,110 1.0.......bibc..-- 04.4.4....4693,...., - _ GOT-L.-Cm 416 of 616 Build Your Nissan I Nissan USA SUMMARY & DEALER CONTACT CURRENT DEALER None Selected Page 1 of 6 VERSION 2016 Nissan Alkima• 3. R EXTERIOR COLOR Deep Blue Pearl 61 INTERIOR COLOR mas Charcoal Sport Cloth ChiOlt041 PACKAGES ACCESSORIES None Selected None Selected OTHER Standard Features MECHANICAL Engine Destination & Handling VQ35DE 3.5 liter DOHC 241-valvc V6 Horsepower — 270 hp @ 6,400 rpm Torque — 251 lb-ft 4,400 rpm Continuously Variable Valve Timing Control System (CVTCS) on intake valves Variabie induction system Electronic drive -by -wire throttle Drivetrain Front engine/front-wheel drive Xtronic CVT® (Continuously Variable Transmission) Paddle shifters and manual shift mode 101/ $27,990 1 NIC Build Total: $28,825 3+�.3a Ia3i http://www.nissanusa.com/buildyournissani 417 of 616 dalSummaryPrint 7/13/2016 Mild Y OUT _Nissan 1 _Nissan UA rage .L of n MECHANICAL Brakes 11.7" Front vented disc/11.5" rear disc brakes 4-wheel Anti -lock Braking System (ABS) with Electronic Brake force Distribution (EBD) Suspension/Steering Independent strut front suspension Multi -link independent rear suspension ZF la's shock absorbers Sport tuned4 s n 44. Front (24.2mm) and rea2im) 404 , *to lAcirve UndehstrrCpMrol w Electronic hydraulic power -assisted Steering EXTERIOR b noelsfTires izerat 1 B" x 7.5" aluminum -alloy wheels P235/45VR18 All -season tires Exterior Features Smart Auto Headlights Projector -type halogen headlights LED headlights with signature LED Daytime Running Lights (Late availability)]1] Fog lights Dual chrome exhaust finishers Dual body -color power outside mirrors LJV-reducirg solar gla55 INTERIOR Comfort/Convenience Advanced Drive -Assists Display [2] NissanConnect with Mobile Apps [3] RearVlew Monitor [4] Hands -free text messaging assistant [5] 1 http:11www.nissanusa.comlbuildyournissanl 418 of 616 daiSummaryPrint 7/13/2016 Build Your Nissan I Nissan USA Page 3 of 6 INTERIO R Bluetooth® Hands -free Phone System [6] Air conditioning In -cabin microfrlter Power windows with one -touch driver -side auto-upldawn 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 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 accessory power and battery saver Seating/Appointments 6-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:/lwww.nissanusa.com/buildyournissanJ 419 of 616 dalSummaryPrint 7/13/2016 t=5u11c1 YOUr Nissan j Nissan V A INTERIOR Leather -wrapped shift knob Black trim 60140-split fold -down rear seatbacks Carpeted trunk lid trim AUD!OfENTERTA!NMENT AM/FM/CD audio system with 5.0" color monitor Illuminated steering wheel -mounted audio controls Six speakers Radio Data System (RDS) Speed -sensitive volume control Auxiliary audio input jack [7] USB connection port for 'Pod® interface and other compatible devices [8] MF3AAIMA CD playback capability Streaming audio via Bluetooth® wireless technology [9] Diversity antenna SAFETY I Nissan Advanced Air Bag System with dual -stage supplemental front air bags with seat -belt and occupant -classification sensors [10] Driver and front -passenger seat -mounted side -impact supplemental air bags [11] Roof -mounted curtain side -impact supplemental air bags for front- and rear -seat outboard occupant head protection [12] Vehicle Dynamic Control (VDC) with Traction Control System (TCS) [13] 3-point ALRIELR seat belt system (ELR only for driver) Front seat belts with pretensioners and load limiters LATCH System (Lower Anchors and Tethers for CHlldren) Zone Body construction with front and rear crumple zones Hood buckling creases and safety stops Pipe style stool side -door guard beams Energy -absorbing steering column Tire Pressure Monitoring System (TPMS) with individual lire pressure display and Easy -Fill Tire Alert [14] http://www.nissanusa.com/buildyournissan/ 420 of 616 lalSummaryPrint 7/13/2016 Build Your Nissan Nissan USA Page 5 of 6 SECURITY Nissan Vehicle Immobilizer System Vehicle Security System DIMENSIONS Exterior (inches) 1Nhee'base 109.3 Overall length 191.9 Overall width 72.0 Overall height 57.9 Track width 62.0 Interior (inches) Head room without moonroof (froni/rear) 40.0137.1 Head room with moonroof (front/rear) N/A Leg room (front/rear) 45.0/36.1 Nip room (front/rear) 54.0/52.1 Shoulder room (front/rear) 56.4/56.4 CA PACITIES Seating capacity 5 interior passenger volume without moonroof (cu. ft.) 101.9 Interior passenger volume with moonroof (cu. ft.) N/A Cargo capacity (cu. ft.) [15] 15.4 Fuel Tank (gals.) 18.0 1. CURB WEIGHTS Curb Weights Base total (Ibs.) 3,412 FUEL ECONOMY Ktronic CVT® [16] 32 Highway 22 City [1) Late Availability [21 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. Compalible smarlphone required. Text rales and/or data usage may apply. [3] http:l/www.nissanusa.comlbuildyournissani 421 of 616 dalSummaryPrint 7/13/2016 J3u11a Your Nissan I Nissan USA rage ooio Driving is serious business. Only use features when safe to do so. App availability is dependent upon vehicle model, trim level, packaging, and/or options. See NissanUSA.com/conneet for complete app availability details. Never program while driving. GPS mapping may not be detailed in all areas or reflect current road status. Compatible smartphone required. Cellular network and GPS signals not available in ail areas and/or at all times. Cellular technology is evoivina, and changes to cellular networks provided by independent companies are not within Nissan's control Nissan is not responsible for associated costs that may be required for continued operation due to cellular network termination (including equipment upgrades, if available, or roaming charges on alternative networks). Should cellular provider terminate/restrict service, service may be terminated without notice and with no liability to Nissan and its agents or affiliates. Subscription Agreement required and terms and conditions of Subscription Agreement apply. See www.NissanUSA.comleonnect for details. Thirty-six {36) month trial period begins on your date of vehicle purchase or lease ofa new Nissan; subsequently a paid subscription is required {excluding Pandora®, if Pandora app via NissanConnect is equipped on vehicle) at the Then current rate to continue to receive services. Text rates and/or data usage may apply. [4] Parking aid/convenience feature. Cannot completely eliminate blind spots. May not detect every object and does not warn of moving objects. Always check surroundings and turn to look behind you before moving vehicle. 15] Use the text messaging feature after stopping your vehicle in a safe Jocation. 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 andlardata usage may apply. Availability of specific features is dependent upon the phone's Bluelooth® support. Please refer to your phone owner's manual for details. Bluetooth word mark and logos are owned by Bluelooth SIG, inc., and any use of such marks by Nissan is under license. See Nissan USA.com/bluetooth for details. Driving is serious business and requires your full attention. If you have to use the connected device while driving, exercise extreme caution at all limes so full attention may be given to vehicle operation. iPod® is a registered trademark of Apple, Inc. Ail rights reserved. iPode not included. ]8] Driving is serious business and requires your full attention. If you have to use the connected device while driving, exercise extreme caution al all times so full attention may be given to vehicle operation.:Pod® is a registered trademark of Apple, Inc. All rights reserved. iPod® not included. Availability of specific features is dependent upon the phone's Bluelooth® support. Please refer to your phone owner's manual for details. Eluetooth word mark and logos are owned by Bluetooth SIG, Inc., and any use of such marks by Nissan is under license_ See NissanUSA.com/bluetoolh for details. [10] Air bags are only a supplemental restraint system; always wear your seat belt. Even with the occupant -classification sensor, rear -facing child restraints should not be placed in the front -passenger's seat. All children 12 and under should ride in the rear seal properly secured in child restraints, booster seats, or seat bests according to their size. Air bags will only inflate in certain accidents; see your Owner's Manual for more details. fl 1] Air bags are only a supplemental restraint system; always wear your seat belt. Even with the occupant -classification sensor, rear -facing child restraints should not be placed in the front -passenger's seat. Also, all children 12 and under should ride in the rear seat properly secured in child restraints, booster seats, or seat belts according to their size. Air bags will only inflate in certain accidents; see your owner's manual for more details. [12] Air bags are only a supplemental restraint system; always wear your seat bell. Even with the occupant -classification sensor, rear -facing child restraints should not be placed in the front -passenger's seat. Also, all children 12 and under should ride in the rear seat properly secured in child restraints, booster seals, or seal belts according to their size. Air bags will only inflate in certain accidents; see your owner's manual for more details. [13] VDC, which should remain on when driving except when freeing the vehicle from mud of snow, cannot prevent accidents due to abrupt steering, carelessness, or dangerous driving techniques. Always drive safely_ [14] fire Pressure Monitoring System is not a substitute for regular tire pressure checks. Vehicle must be an for Easy -Fill Tire Alert to operate. [15] Cargo and load capacity limited by weight and distribution. Always secure all cargo. [16] 2016 EPA Fuel Economy Estimates. Actual mileage may vary with driving conditions — use for comparison only. [6] 171 [g] http://www.nissanusa.comibuildyournissani 422 of 616 ialSummaryPrint 7113/2016 Tactical Security Lockbox Page 1 of 5 s�Rf�vsrHEfr ,igfferll/// PRODUCTS (http:llwww.tuffyproducts.coml) Shopping Cart (0) (shoppingcart.aspx) Go To Entry Page(http:llwww.tuffyproducts.com/spiash.htm) CALL FREE 800.348.8339 (lt-contact.aspx) (http:llwww.facebook.comltuffyproducts) (https://twitter.com/M/tuffyproducts) (http:llwww.youtube.comluserlTuffySecurityProduct) (https:llwww.gsaadvantage.govladvantagelcontractorlcontractor_detail.do? mapName=lcataloglproduct detail&oid=8547483b0&contractNumber=GS-30E- 0031 V&itemNumber=303-01) Shop by Vehicle Select Iliial . �. [oose i iodei.. 'Choose Year.. PRO Home (default.aspx) Portable Security Vc-84-portable-security.aspx) 20' W x 361L x 0"H Tactical Security Lockbox 20"W x 36"L x 9"H - Tactical Security Lockbox ilttps://www.pro.tufyproducts.cornip-287-2 423 of 616 h-tactical-security-iockbox.aspx 8/18/2016 Tactical Security Lockbox 1'age 2 of 5 *tNDIE USA SKU: 253 View Larger Image Tuffy's tactical lock -box is ideal for securing an 870 shotgun, M-4 rifle and officer body armor completely outfitted. The innovative design enables the lockbox to be secured to the vehicle by a cable -lock system (Patent rights reserved). This unique system does not require a separate padlock and can be released in seconds to transfer the lock -box between vehicles. Contents are secured by Tuffy's patented Pry -Guard II locking system. Price: $457.00 Quantity; 1 Fk ;Id to Cart Add to Wishlist _ J Features Fits Specifications Mounting Related Products Features: Patented Anti -twist push button lock mechanism features a 10 tumbler double bitted security key with built in weather seals https://www.pro.tuffyproducts.com/p-287-2 424 of 616 L-tactical-security-lockbox.aspx 8/18/2016 Tactical Security Lockbox Page 3 of 5 Combination push Cotton Icck enables keyless entry castvemern access window ertabLrg authciT aed 84ers to quickly change combination push bu i ri loch code for keyless entry without requiring any lock disassembly. Heavy duty stamped nb for additional top structural support Quack access cable secr.i ng mechanism is included out both sides for flexiblsty seaming the k ckboX to the vehicle 'tar rilOuleali When the lid is closed, this lab blocks the tNick access lea.er from a t t3urnlg a t:rea . r, attempt Patented Anti -twist push button lock mechanism features a 1i3 t4rnnbter et -mettle billed security key .aah buell in weather seals Gas Strut rnounhnre points are reveesole eotabung Civerrierit a2C SS from either side of the 'ock box Inside bottom anc s 'es are tined vrtth tit t© cusiron intents Patented pry -Guard it tacking system with a 134' thick steel *oh which enables the Iockatttx ID De latched closed Ta' . c welded 1$ gruge steel Durable powder coot tihsh 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'r thick steel latch which enables the lockbox to be latched closed Combine Your Purchase With https:llwww.pro.tuffyproducts.cornlp-2 87-2 425 of 616 h-tactical-security-iockbox.aspx 8/18/2016 Tactical Security Lockbox Page 4 of 5 11111 t '4 (Ip-470-high-securityt. - chain-sleeve-56.aspx) High Security Chain & Sleeve, 5'6" (Ip-470-high-security-chain- sieeve-56.aspx) $57.00 0 (Ip-291-looped-end- security-cabie.aspx) Looped End Security Cable (Ip-291- Iooped-end-security-ca b I e.aspx) $18.00 0 Get the News ...about exciting new products and special promotions. xr. twit WI Ott e 16141 Social Networking GSA Information https://www.gsaadvaantage.gor/advantagelcontra torlcomtractor detai;.do? mapName=/catalog/product detail&oid=854748380&contractNumber=GS-30E- 0031 V&itemN u mber=303-01) Find Us on Facebook(http:/fwww.facebook.comltuffyproducts) Follow Us on Twitter(https:/ltwitter.com/#l/tuffyproducts) Watch Us on YouTube (http://www.youtube.ccmfuser/TuffySecurityProduct) Company Find a Dealer (t-PRO-LineDealerLocator.aspx) Get A Quote (CustomQuote.aspx) Product Features (t-product_gen_info.aspx) Awards (t-Awardsarticlescomments.aspx) About Tuffy (t-about.aspx) https://www.pro.tuffyproducts.comip-287-2 426 of 616 1-tactical-security-lockbox.aspx 8/18/20I6 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.tufl'yproducts.com/p-287-2 427 of 616 i-tactical-security-lockbox.aspx 8/18/2016 MMMIt 1111111111, Delivered as Promised NET 30 DAYS NATIONAL CITY POLICE DEPT 0 1200 NATIONAL CITY BLVD a NATIONAL CITYCA 91950 T 1370 North McCan Street Anaheim, CA 92806 Phone. 714.988-4830 Fax 714-414-0244 ONTRAC ** QUOTATION ** Page 1 *** DUPLICATE *** Ora # 03 02407 P/0 # ALTIMA #2 Br Accnt 00 53595 MM HO NATIONAL CITY POLICE DEPT H 1200 NATIONAL CITY BLVD 8/18/16 . NATIONAL CITY CA 91950 15:17:13 Expires 11/25/2016 Qty Part Ner S Description Wt . Each . . " :.Net: Va1u 001 0:02_ 003 004 ..005: 005 007 008 009 0.0:. 011. 012 013. 014. .. 1 i 2 1 1 1 1 .1 1 1 ,1 TF TF WH WH WH WH WH WH WH. WH WH MS 253-01 879-:3.75072-01.._ Part }rdere i VTXS0gD VTX609E VTX609R Z0. IONB IONJ ALPHASL: ALP . SA315P-. SAKI INSTAT44 KIT' ..... TAC LOCK BOX 445.0000 LOOPED -.DID . CA 3L. ... :. 18.0000.. 879-375-072-01 F VERTEX SPLT R/W 85.0000 F VERTEX SPLT B/W 85.0000 F VERTEX R... 7 S 0000 F ION : LED RED 1.20 5000 F _ION.: LED BLUE 120.6000 F ION LED REB/BLU 120.6000 F ..ALPHA SL SIREN 178.0000 F . ALPHA 5 SWITCH.. 65.1.000 .. F SIREN SPEAKER 205.0000 F SPEAK BRACKET 28.0000 TERMINAL, ECT 1.50<.0000 INSTALLATION 13.5E . 0000 445.00 18.00 85.00 85.00 156.00 120.60::. 120.60.. 120.60 178.130 65.10>. 205.00 28.00 150.-00 1350.00 15 3126.90 I �.OT L.IAl TS .:' .TOTAL W➢4W. LEFIRAUTO. COM SALES@LE1ZRAUTO. COM 40.00 RCVD. BY: 281.42 rrac 3448.32 428 of 616 Build Your Nissan Nissan USA Page 1 of 6 SUMMARY & DEALER CONTACT CURRENT DEALER None Selected VERSION 2016 Nissan Mime! 3. R1Si EXTERIOR COLOR Deep Blue Pearl 4401 INTERIOR COLOR MUM Charcoal Sport Cloth PACKAGES None Selected ACCESSORIES None Selected OTHER Destination & Handling Standard Features MECHANICAL Engine VQ35DE - 3.5-liter DOHG 24-valve V6 Horsepower- 270 hp 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 engine/front-wheel drive Xtronic CVT® (Continuously Variable Transmission) Paddle shifters and manual shift mode 4q.c14 $27,990 $835 Build Total: /8.825 LZg a' 4 http:/lwww.nissanusa.corn/buildyournissanls- 429 of 616 alSurntnaryPrint 7/ 13 /2016 Build Your Nissan Nissan USA Page 2 of 6 MECHANICAL Brakes 11.7" Front vented dis 111.5" rear disc brakes 4-wheel Anti -lock Braking System (ABS) with Electronic Brake force Distribution (E8D) SuspensionlSteering Independent strut front suspension Multi -link independent rear suspension ZF facios shock absorbers Sport-tunedAn s Front (24.2mm) and rea (2ta54m) iyzer,iar Active Underrsteer Control :w Electronic hydraulic power -assisted Steering EXTERIOR UUheels/Tires 18" x 7.5" aluminum -alloy wheels P235/45VR18 All -season tires Exterior Features Smart Auto I leadlights Projector -type halogen headlights l.FD headlights with signature LED Daytime Running Lights (Late availability) [1] Fog lights Dual chrome exhaust finishers Dual body -color power outside mirrors UV -reducing solar glass INTERIOR Comtort/Convenience Advanced Drive -Assist® Display [2] NissanConnect' with Mobile Apps [3] Rearview Monitor [4] Hands -free text messaging assistant [5] http://www.nissanusa.comlbuildyournissanlsi 430 of 616 SummaryPrint 7/13/2016 Build Your Nissan Nissan USA Page 3 of 6 INTERIOR Bluetooth® Hands -free Phone System f61 Air conditioning in -cabin micro5fter Power windows with one -touch driver -side auto-up/down with auto -reverse Power door locks with auto -locking feature Remote keyless entry Nissan Intetiigent 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 center console Four cup holders Frontlrear door map pockets with bottle holders Driver sealback pocket Front -passenger seatback pocket Height -adjustable 3-point front seat belts 12-volt DC power outlets (two) Retained accessory power and battery saver SeatingiAppointments 8-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 431 of 616 http://www.nissanusa.com/buildyournissan/s) 3l SurrunaryPrint 7/13/2016 Build Your Nissan I Nissan USA Page 4 of 6 INTERIOR Leather -wrapped shift knob Black trim 6014D-split fold -down rear seatbacks Carpeted trunk lid trim AUDIO/ENTERTAINMENT AM/FM/CD audio system with 5.0" color monitor Illuminated steering wheel -mounted audio controls Six speakers Radio Data System (RDS) Speed -sensitive volume control Auxiliary audio input jack ]7] USe connection port for iPode interface and other compalible devices [8] MP3MIMA CD playback capability Streaming audio via Bluetoothal) wireless technology [9] Diversity antenna SAFETY Nissan Advanced Air Bag System with dual -stage supplemental front air bags with seat -belt and occupant -classification sensors [10] Driver and front -passenger seat -mounted side -impact supplemental air bags [11] Roof -mounted curtain side -impact supplemental alr bags for front- and rear -seat outboard occupant head protection [12] Vehicle Dynamic Control (VDC) with Traction Contror System (TCS) [13] 3-point ALRIELR seat belt system (ELR only for driver) Front seal belts with pretensioners and Toad limiters LATCH System (Lower Anchors and Tethers for CHildren) Zone Body construction with front and rear crumple zones Hood buckling creases and safety stops Pipe -style steel side -door guard beams Energy -absorbing steering column Tire Pressure Monitoring System (TPMS) with individual tire pressure display and Easy -Fill Tire Alert [14] 432 of 616 http://www.nissanusa.comlbuildyournissanls ____ ---....i1SummaryPrint 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 1g1.9 Overall width 72.0 Overall height 57.9 Track width 62.0 interior (inches) Head room without moonroof (front/rear) 40.0137.1 Head room with moonroof (front/rear) NIA Leg room (front/rear) 45.0/36.1 Hip room (front/rear) 54.0152.1 'Shoulder room (front/rear) 56.4156.4 CAPACITIES Seating capacity 5 Interior passenger volume without moonroof (cu. ft.) 101.9 Interior passenger volume with moonroof (nu. it.) NIA Cargo capacity (cu. ft.) [15] 15.4 Fuel Tank (gals.) 18_0 CURB WEIGHTS Curb Weights Base total (Ibs.) FUEL ECONOMY Xtronic CVTO [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 drivino, 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] 433 of 616 http://www.Tussanusa.comibuildyournissanlsi 131SummaryPrint 7/13/2016 Build Your Nissan I Nissan USA Page 6 of 6 Driving is serious business. Only use features when safe to do so. App availability is dependent upon vehicle model, trim level, packaging, and/or options. See NissanUSA,comkonnect for complete app availability details. Never program while driving. GPS mapping may not be detailed in all areas or reflect current road status. Compatible smartphone required. Cellular network and GPS signals not available in all areas and/or at all times. Cellular technology is evolving, and changes to cellular networks provided by independent companies are rot within Nissan's control. Nissan is not responsible for associated costs that may be required for continued operation due to cellular network termination (including equipment upgrades, if available, or roaming charges an alternative networks). Should cellular provider terminate/restrict service, service may be terminated without notice and with no liability to Nissan and its agents or affiliates. Subscription Agreement required and terms and conditions of Subscription Agreement apply. See www.NissanlISA_com/connect for details. Thirty-six (36) month trial period begins on your dale of vehicle purchase or lease of a new Nissan; subsequently a paid subscription is required (excluding Pandora®, if Pandora, app via NissanConnect is equipped on vehicle) at the then current rate to continue to receive services. 'Text rates and/or data usage may apply. [4] Parking aid/convenience feature. Cannot completely eliminate blind spots. May not detect every object and does not wam of moving objects. Always check surroundings and turn to look behind you before moving vehicle. [5] 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 ratesand/or data usage may apply. [6] Availability of specific features is dependent upon the phone's Btuetooth® support. Please refer to your phone owner's manual for details. Bluetooth word mark and logos are owned by Bluetooth SIG. Inc.. and any use of such marks by Nissan is under license. See NissanUSA.cor 'bluetooth for details. [71 Driving is serious business and requires your full attention. It you have to use the connected device while driving. exercise extreme caution at all times so tull attention may be given to vehicle operation. iPod® is a registered trademark of Apple, Inc. Ali rights reserved. iPod® not included. [8] Driving is serious business and requires your kill attention. If you have to use the connected device while driving, exercise extreme caution at all times se full attention may be given to vehicle operation. iPod® is a registered trademark of Apple. inc. All rights reserved. iPod® not included. [91 Availability of specific features is dependent upon the phone's Bluetooth® support. Please refer to your phone owner's manual for details. Bluetooth word mark and logos are owned by tilueiooth SIG. Inc.. and any use of such marks by Nissan is under license. See NissanUSA.00m/bluetoolh for details. [10] Air bags are ony a supplemental restraint system; always wear your seat belt. Even with the occupant-ctassification sensor, rear -facing child restraints should not be placed in the front -passenger's seal. All children 12 and under should ride in the rear seal property secured in child restraints. booster seats, or seat bells according to their size. Air bags will only inflate in certain accidents; see your Owner's Manual for more details. !1 f] Air bags are only a supplemental restraint system; always wear your seat belt. Even with the occupant -classification sensor, rear -facing child restraints should not be placed in the front -passengers seat. Also, all children 12 and under should ride in the rear seat properly secured in child restraints, booster seats, or seal belts according to their size. Air bags will only inflate in certain accidents; see your owner's manual for more details. [12] Air bags are only a supplemental restraint system: always wear your seat belt. Even with the occupant-cfassificaiicn sensor, rear -facing child restraints should not be placed in the front -passenger's seat. Also, all children 12 and under should ride in the rear seal properly secured in child restraints, booster seats, or seat belts according to their size. Air bags will only inflate in certain accidents; see your owner's manual for mare details. [13) VDC, which should remain on when driving except when treeing the vehicle from mud or snow, cannot prevent accidents due to abrupt steering, carelessness, or dangerous driving techniques. Always drive safely. (141 Tire Pressure Monitoring System is not a substitute for regular tire pressure checks. Vehicle must be on for Easy -Fill Tire Alert to operate. [15] Cargo and load capacity limited by weight and distribution. Always secure all cargo. [10] 2016 EPA Fuel Economy Estimates. Actual mileage may vary with driving conditions — use for comparison only. http://www.nissanusa.com/buildyournissanisi 434 of 616 t1SummaryPrint 7/13/2016 Tactical Security Lockbox Page 1 of 5 sIIhg',s,,Iff P/POlECl/OX PRODUCTS (http://www.tuffyproducts.com/) Shopping Cart (0) (shoppingcart.aspx) Go To Entry Page(http://www.tuffyproducts.comispiash.htm) CALL FREE 800.348.8339 (/t-contact.aspx) (http://www.facebook.comltuffyproducts) (https://twitter.com/#!ltuffyproducts) (http://www.youtube.comluser/TuffySecurityProduct) (https://www.gsaadvantage.gov/advantage/contractorlcontractor_detail.do? mapName=/catalog/product_detail&oid=884748350&contractNumber=GS-30E- 0031 V&iterN umber=303-01) Shop by Vehicle [Select Make.. j Choose Model.. Choose Year.. PRO Home (defaultaspx) — Portable Security (Jc-84-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.tu ffyproducts.com/p-2 87-2C 435 of 616 •tactical-security-lockbox.aspx 8/18/2016 Tactical Security Lockbox Page 2 of 5 View Larger Image SKU: 253 MADE DI THE USA Tuffy's tactical lock -box is ideal for securing an 870 shotgun, M-4 rifle and officer body armor completely outfitted. The innovative design enables the lckbox to be secured to the vehicle by a cable -lock system (Patent rights reserved). This unique system does not require a separate padlock and can be released in seconds to transfer the lock -box between vehicles. Contents are secured by Tuffy's patented Pry -Guard ll locking system. Price: $457.00 Quantity: 1 Add to Cart Add to Wishrist Features Fits Specifications Mounting Related Products Features: • Patented Anti -twist push button lock mechanism features a 10 tumbler double bitted security key with built in weather seals https://www.pro.tuffyproducts.com/p-287-20 436 of 616 tactical-security-lockbox.aspx 8/18/2016 Tactical Security Lockbox Page 3 of 5 Combination push Sutton lock €n :hes Patented/ wiz: push button tech: mechanism, keyless RN iy Cooveitierr, access window r features a 1L'tumbler double billed security key entbl rag author.? f1 _:i4Pr� tr ,^�, ri:z 7,-2.11'0 bum u.! weather seals change cc rnbinal,on push button lock code for keyless entry tivihcal teyu iir any lock disassembly _ Cats Strut mountutig points are TevF!rs'tNe ana8ltn converyerii access from either Side of the lock.:xix Heavy duty stamped rib (o ed li onal top structural scppast Out*: access cable secs r-na rnechansrn is included or. bout sides tf ilexibdsty r3 securrnq the ICrkbox to the vehicle a!id �Jddl�Ck :Wei the Ir is closed. this tab blocks the quick atCess [eve; from pevat,v;:? r'umng break-in attempt Inside bottom and saes are riried with carpet to c isii.nn corrterl:s Paiented Prf-Guard °1 tocknig system avlth a 1 ` 1hrrk steel Iatah a hhch enahies the lookbau to be latc1 ed closet: Tab,;ocweldest le, gauge steel Durable pov oer coat fin sn 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 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 • 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 114" thick steel latch which enables the Iockbox to be latched closed Combine Your Purchase With https://www.pro.tuffyproducts.00m/p-287-20 437 of 616 tactical-security-lockbox.aspx 8/18/2016 Tactical Security Lockbox Page 4 of 5 (Ip-470-high-security- chain-sleeve-56. as px) High Security Chain & Sleeve, 5'6" i/p-470-high-security-chain- sleeve-56.aspx) $57.00 (Ip-291-looped-end- sec urity-cab le. as px) Looped End Security Cable (Ip-291- looped-end-security-cable.aspx) $18.00 D Get the News ...about exciting new products and special promotions. GeoTrust Toffy Security.._ 03.09 15 18:08 UT Social Networking elGSA Information (https:llwww.gsaadvantage.govladvantagelcontractor!contractor detail.do? rnapName=/catalog/product_detai I&oid=854748350&contractN umber=GS-30 F- 0031 V&itemNumber=3D3-01) Find Us on Facebook(http://www.facebook.com/tutfyproducts) Follow Us on Twitter(https:lltwitter.coml#!/tuffyproducts) ► Watch Us on YouTube(http:/Iwww.youtube.comluserlTuffySecurityProduct) Company Find a Dealer (t-PRO-LineDealerLocator.aspx) Get A Quote (CustomQuote.aspx) Product Features (t-product gen_info,aspx) Awards (t-Awardsarticlescomments.aspx) About Tuffy (t-about.aspx) https://www.pro.tuffyproducts.com/p-287-20 438 of 616 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.cornlp-287-20 439 of 616 _tactical--security-Iockbox.aspx 8/18/2016 T# hL CA;dYS 1„1(Elg=1"? 31111111, Deliver& as Promised NET 30 DAYS 8 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 ** Page 1 *** DUPLICATE *** Ord # 03 02406 P/0 # ALTIMA #1 $ NATIONAL CITY POLICE DEPT H 1200 NATIONAL CITY BLVD a NATIONAL CITY CA 91950 T 0 Br Accnt 00 53595 NM HO 8/18/16 15:16:40 Expires 11/25/2016 W.174 'QtY Part Number S .Description Wt .`Eac i Net Value 001 1 TF 253-01 002 1 .,TE 879-375-072-0.1::.. 003 1 Wg V 6O m: . 004 . 1 WH VTX609E 005 2 WH VTX609R 1306 _ WIL IONIC. - 007. _ 1 Wg' IONB. 008 T WH .IONJ. 009 1 WH ALPHASL 010. 1 iH ALPHAS 0:11. 1 :WH SA 1SP: 012 1 WH'SAKI 013 1 MS INSTALL -KIT Part Ordered 4* 014 1 .LA:I . TAC LOCK BOX LOOPED :END CABL ' V EX SPLT F VERTEX SPLIT B/W' F VERTEX RED '...ION. LED RED.. .. >F ION. LED BLUE F ION LED REB/BLU' F ALPHA SL SIREN F ALPHA. 5 •5wiTCH .... t.$4wit SPEAKER. F'SPEAKER BRACKET INSTALL -KIT_ INSTALL.KiT INSTALLATION 445.0000 18-0000. 854000 85.0000 78.0000 120 6000 120. 5000 120.6000.. 178.0000 65.1000. 205.0000:.: 28.0000 150.0000 1350.0000. 445.00 18.00:. 85.00 85::.0Q.. 156.00 120.60 120.50 120.60.: 178.00 55.10 205.00 28.00 150.00 1350.00 15 1 3126.90 PART -TOTAL cow Torg. W W. LEHRAUTO. COM SALES CaLEFIR.4UTO. CAM 40.00 I .: F.'RE4HT Hx4NDEN�TG.. . RCVD. BY: 281.42 tAx 3448.32! 440 of 616 YOUR 2016 HIGHLANDER EXTERIOR COLOR: Silver Sky Metallic INTERIOR COLOR: Ash Leather City MPG" r1 Highway MPG 19 25 Here's the Highlander XLE (FWD V6) YOU BUILT Starting MSRP:' Highlander XLE Delivery,Processing and Handling Fee: $900.00 Highlander XLE (FWD V6) Options: $275.00 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 $309.00 Total MSRP: ',t.n; f`+, :f '1;7:•;• ---'' • ."'•' .113 t-,1,▪ ,nrctr• Tr, 47.ks t•111 1-arc`3 P's (3.c, rir-t Ltnr!Cruistil ••••• —1 "11," '11'11't"" 1'1 ""'" "' drU•-•1o•ti "14,, To,ntn', 511A-9,• for th.-5r, • .ntittr5 15 o:•!5/i 0,r1.,sr.i••• in, '' 4 • • " . . , - , ' : • • .• • • tst ••.,t11".r. I•••r•17.5 r•vpri r-ininrt Tnv-ylri maYr r•roit nn 01, D-1.,••••••/. t••••••)••,,- 51Prir1r,: '•••••••••• •••.',11'."`".. • 7-1 ',Pr • ••••• •- to! r:". '^ ▪ pnr 1.1 Al An 1.-4 ets,A 1 A r •.•,- • • zi- !,• P or, i • .•' " • • • , : 1.-n, - !•,-• .•• ,.:„ t4".f, "'" `•• • " • "'"""..1 • • •••."" • "'"• •• ,I" ' , •••'-'1"" 'r- ' ••' -" ."•• • •••••.. • q • ." • " "i TOYOTA „ ')Ion,ttr•or! •. • •1 rrf..F • iF rn, ,r••.t ' • •! .•• •-•, • • • •.-•-o-r, - • -- - • .1 ..it01•••• rt,• r,,Fif re, 1-rrr•r!.nrs .-•••• r yr, 1 '''''''' :". •.' " ,"••• • F'.. ' AO" .•••. ••••••-, 441 of 616 $38 799 00 Q,3Za,1/450 Ls4fg Let's Go Places YOUR HIGHLANDER SPECIFICATIONS Mechanical/Performance Gasoline engine — 3.5-Liter V6 Double Overhead Cam (DOHC) 24-Valve with Dual Variable Valve S Timing with intelligence (VVT-i); 270 hp @ 6200 rpm, 248lb.-fr. ® 4700 rpm Emission rating Ultra Low Emission Vehicle II (ULEV II) Transmission 6-speed Electronically Controlled automatic Transmission with intelligence (ECT-i), sequential shift mode and Snow Mode Drivetrain Front -Wheel Drive (FWD) Body construction Reinforced unibody Suspension Independent MacPherson strut front suspension: double -wishbone rear suspension with front and rear stabilizer bars Steering Electric Power Steering (EPS); power -assisted rack-and-pinion Turning circle diameter — curb to curb (ft.) 38.7 Brakes Power -assisted ventilated 12.9-in. front disc brakes; solid 12.2-in. rear disc brakes and Star Safety SystemTM Exterior dimensions (in.) Overall length/width 191.1175.8 Unloaded height 68.1 Coefficient of drag (Cd) 0.33 Wheelbase 109.8 Track (front/rear) - FWD 64.4/64.2 Interior dimensions, front/second-row/third-row seats (in.) Head room without moonroof Head room with moonroof 39.5/39.6/35.9 Head room with panoramic moonrocf Shoulder room 59.3/59.0/55.0 Hip room 57.2/57.1/45.6 Leg room 44.2/38.4/27.7 Off -highway Approach/departure angle (degrees) 18.0/23.1 Ground clearance (in.) Weights/Capacities 8 Curb weight (lb.) 4310 Gross Vehicle Weight Rating (GVWR; (Ib.) 5840 EPA passenger volume (cu. ft.) without moonroof (front/second/third row) EPA passenger volume (cu. ft.) with rnoonroof (front/second/third row) 59.9/51.9/30.4 EPA passenger volume (cu. ft.) with panoramic moonroof (front/second/third row) Cargo volume (cu. ft.)2 behind front/second-row/third-row seats 83.2/42.3/13.8 Fuel :ank (gal.) 19.2 Seating capacity (standard/optional) 8/7 Towing " Towing capacity (Ib.)' 5000 Heavy-duty radiator with engine oil cooler, 200-watt fan coupling, supplemental transmssion oil S cooler and 150-amp alternator Heavy-duty radiator with engine oil cooler, 240-watt fan coupling and supplemental transmission - oil cooler Tires Ali -Season steel -belted radials Standard Spare — temporary spare tire Standard 442 of 616 MPG Mileage estimates (mpg city/highway)4 - V6 FWD 19/25 443 of 616 YOUR HIGHLANDER FEATURES EXTERIOR Projector -beam halogen smoked -chrome -accent headlights wfth auto on/off feature Daytime Running Lights (DRL) with on/off feature Integrated fog lights Color -keyed heated power outside mirrors with turn signal indicators and folding feature Color -keyed outside door handles Power tilt/slide moonroof with sunshade and Jam protection 18-in. split 5-spoke machined -face alloy wheels with gunmetal -gray finish and black center caps with P245/60R18 105S tires INTERIOR Washer -linked variable intermittent windshield wipers and intermittent rear wiper Windshield wiper de-icer UV reduction glass on all windows— High Solar Energy -Absorbing (HSEA) glass on front and rear side windows Privacy glass on rear side. quarter and liftgate windows Flip -up rear hatch window — — Adjustable power liftgate with jam protection Color -keyed rear spoiler with LED center high -mount stop light Chromtec® roof rails Three -zone automatic climate control with air filter, separate second -row control panel, individual temperature settings for driver, front passenger and rear -seat passengers. and second- and third -row vents Integrated backup camera° with projected path EntunerM Premium Audio with Integrated Navigation, and App Suite' — includes the EntuneTM Multimedia Bundle, (8-in, high -resolution touch -screen with split- screen display, AM/FM CD player, MP3/WMA playback capability, six speakers, auxiliary audio jack, USB 2.0 port, with iPod®10 connectivity and control, advanced voice recognition." hands -free phone capability, phone book access and music streamin '- via Bluetooth®" wireless technology), Siri® Eyes Free," Entune® App Suite' Intelligent Touch controls, SiriusXM® Satellite Radioi5 with 3-month complimentary SiriusXM All Access trial, HD RadioTM, a HD predictive traffic and Doppler weather overlay, AM/FM cache radio, Gracenote® album cover art, and integrated backup camera displays with projected path. Access to EntuneTM services is subscription -free. See toyota.com/entune for details. 4.2-in. color LCD Multi -information Display In meter cluster with odometer, current/average fuel economy, cruising range, average speed, AWD torque distribution (AWD gas models only), cruise control guide, navigation, with tum- by-tum directions, audio status, hands -free incoming call notices. telephone information, ECO Driving Indicator and energy monitor (hybrid models only) Leather -trimmed front- and second -row seats; heated front seats: 8-way power - adjustable driver's seat including power thigh support and lumbar support; 4- way adjustable front passenger seat; 60/40 split, sliding and reclining fold -flat second -row seats SofTex®-trimmed 60/40 split. fold -flat third -row seat with sliding headrests and recline function Cruise control Gated shift lever with silver metallic/leather-trimmed knob, silver metallic shift bezel and LED indicator illumination Leather -trimmed tilt/telescopic 3-spoke steering wheel with metallic accents and audio, Multi -Information Display, Bluetooth®19 hands -free phone, voice - command, cruise control and multimedia controls SAFETY/CONVENIENCE Optitron instrumentation with blue -illuminated speedometer and tachometer/hybrid system power meter (hybrid models only) and 4.2-in. color LCD Multi -information Display Soft -touch upper door trim with metallic accent, leatherette -trimmed door armrest area with satin chrome interior door handles Smart Key System" on front doors and liftgate with Push Button Start and remote keyless entry system with illuminated entry Power windows with driver and front passenger auto up/down and jam protection Rear liftgate window defogger Power door locks with shift -linked automatic lock/unlock feature Auto -dimming rearview mirror Overhead console with maplights, sunglasses storage, conversation mirror and HomeLink®'5 universal transceiver 24.5-liter soft -touch roll-top center console with removable utility tray Soft -touch in -dash shelf with easy cable management feature Eight cup holders and four bottle holders Dual sun visors with sliding function and illuminated vanity mirrors Three 12V auxiliary power outlets (two front and one second -row) One 120V auxiliary AC power outlet (second -row) Four cargo area tie -down cargo hooks Cargo area lights TM Front- and second -row -seat reading lights Second -row retractable window sunshades Digital clock Driver Easy Speak — driver voice amplification Star Safety Systemml — includes Enhanced Vehicle Stability Control (VSC)" Traction Control (TRAC), Anti -lock Bake System (ABS), Electronic Brake -force Distribution (EBD), Brake Assist (BA)20 and Smart Stop Technology® (SST)21 444 of 616 YOUR HIGHLANDER FEATURES SAFETY/CONVENIENCE (continued) Driver and front passenger Advanced Airbag System22 Drive* 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)23 seats Driver and front passenger seatbelt warning sensor 3-point seatbelts for all seating posbions; 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-rcw seats and tether anchor an 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 ITPMS)2' Hill Start Assist Control (HAC)26 Anti -theft system with alarm and engine immobilizer ToyotaCare27 featuring a no cost maintenance plan with roadside assistance 445 of 616 HIGHLANDER ACCESSORIES Accessory Packages All•Aea'he' Mat Far.L.. ri, $ 2cnl 'dSFP Carpet Mal F. I:..trflo Liner Package- i $230'Instiilcc •k13RP Carpet Mat Pac=rage $ 225 *Ir-stallld M5rsP Four Sean_ rlo - Mat Package - CS $ 325 'installed MSRP Preferred Accessory Package - Z1 $ 309 *Installed MSRP Protectior. Package - 01 $ 484 *installed MSRP Exterior Alloy Wheel Locks $ BO *Installed MSRP BErdtirSloe Molnir7s. 205 '!i intellect MS.= P lnryr Edge ioerfds S. 1R-5 •Irr tilled MSRP Mudguards $ 129 *Installed MSRP �t>�a Pa'mt Ferrate ricrt PiI i 1 715'Ir srelled M,FL- ate:, 3un�l•f.. OI,t,lln.; 3 B9 -ansiitilo:5 MSRF Rear Bumper Protector $ 129 *Installed MSRP liiQl r'.r�. 4. (:rrr•-; I'�r•. T 39:1'Irtatalr {1 r.1srlr' Running Boards $ 599 *installed MSRP Ir1W I-Irrch Pe eivel 5 471i 'ln€tolled MSgP I ryxlrig 90rn Namessea anr! Adapters 5 M$R1' Trailer Ball $ 20 "Pats only Installed MSRP is the Manufacturer's Suggested Retail Price for accessories Instal sad by the manufacturer. Actual prices for dealer installed accessories nay vary. Please see your local Toyota dealer for pricing. Prices and product availability are subject to change without notice. instalta-ion not included. See your local Toyota deafer for installed pricing. Prices and product availability are subject to change without notice. 446 of 616 HIGHLANDER ACCESSORIES Interior +rl'hveatrl r Floor Mats MSRP Cargo Area Cuvni $ 179 9r1$1niled MS„ 1:I P C3?1:1r3 Liner S 10I}'MamlL.ti WARP Cargo Net - I.-nvet pe $ 49'Installei MSRP Cargo Tote $ 48'Tans Only Carpel C.E1,�;a I tar $ 95 ' in , l flee °,' SFP Carpet I- • -Jr Matt. $ 130'II .:.aced MSRP Emergency J±s'aafrtance Kit 9 S9'Tans Only First Aud l41r $ 30 'Inetalrecl MSRP Glass Breakage Sensor (GBS) $ 299'Installed MSRP Female Engrse S!arte 5l •Ir's-iilzJM]f.= :4#01 Universal Tables Iin(eer $ 99'In,taitccl MSRP Wireless Headphones $ 82'Installed MSRP Installed MSRP Is the Maiufacturer'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 are subject to change without notice. 447 of 616 Warranties Every Toyota Car, Truck and SUV is built to exceptional standards. And that's not idle boasting. We back it upwith these Limited Warranty Coverages: Basic: 36 months/36;000 miles (all components other than normal wear and maintenance items). Hybrid -Related Component Coverage: Hybrid -related components for hybrid vehicles are covered for 8years/100,000 miles. The HV battery may have longer coverage under emissions warranty. Refer to applicableOwner's Warranty information booklet for details. Powertrain: 60 months/60,000 mites (engine, transmission/transaxle. front -wheel drive, rear -wheel drive,seatbetts and airbags). Rust -Through: 60 months/unlimited miles (corrosion perforation of sheet metal). Emissions: Coverages vary under Federal and Califomia regulations. Refer to applicable Owner's Warrantylnformation booklet for details Accessories: For accessories purchased at time of the new vehicle purchase, the Toyota Accessory Warrantycoverage is in effect for 36 months or 36,000 miles (whichever comes first) from the vehicle's in-service date,which is the same coverage as the Basic coverage of the Toyota New Vehicle Limited Warranty. 7Otro11t CARE For dealer -installed accessories purchased after the new vehicle purchase, the coverage is 12 months or 12,000miles (whichever comes first) from the date the accessory was installed on the vehicle, or the remainder of theabove 36 months or 36,000 miles Basic coverage from the vehicle's in-service date, whichever provides greatercoverage, with the exception of car covers. Car covers are warranted for 12 months from the date of purchaseand do not assume any coverage under the Toyota New Vehicle Limited Warranty. For customers (non -dealer) installed accessories purchased after the new vehicle purchase, the coverage is lmonths of 12,000 miles (whichever comes first). from the purchase date of the accessory. You may be eligible for transportation assistance if it's necessary that your vehicle be kept overnight for repairscovered under warranty. Please see your authorized Toyota dealership for further details. For complete details about Toyota's warranties, please refer to the applicable Owner's Warranty Informationbooklet or see your Toyota dealer. ToyotaCare Covers normal factory scheduled service. Plan is 2 years or 25K miles, whichever comes first The new Toyota vehicle cannot be part of a rental or commercial fleet, or a livery ortaxi vehicte. See plan for complete coverage details. See participating Toyota dealer for details. 1. installed MSRP 1s 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. 2. Cargo and load capacity limited by weight and distribution. 3. Before towing, confirm your vehicle and trailer are compatible, hooked up and loaded aroperiy and that you have any necessary additional equipment Do not exceed any Weight Ratings and follow all instructions In your Owner's Manual. The maximum you can tow depends on the total weight of any cargo, occupants and available equipment. Calculated with new SAE J2807 method. 5. The backup camera does not provide a comprehensive view of the rear area of the vehicle. You should also look around outside your vehicle and use your mirrors to confirm rearward clearance. Cold weather will limit effectiveness and view may become cloudy. 8. Be sure to obey traffic regulations and maintain awareness of road and traffic conditlens at all times. Availability and accuracy of the Information provided by the navigation system Is dependent upon many factors. Use common sense when relying on information provided. Services and programming subject to change. Services not available in every city or roadway; updates may be available at an additional cost from your dealer. See your Navigation System Owner's Manual for details. 7. Be sure to obey traffic regulations and maintain awareness of road and traffic conditions at all times. Apps/services vary by phone/canter; functionality depends on many factors. Select apes use large amounts of data; you are responsible for charges. Apps and services subject to change, 5ee toyota.eom/entune for details. 8. EntuneTe is a trademark of Toyota Motor Corporation. Always drive safely, obey trellis: laws and focus on the road while driving. Services vary by phone/carrier, Functionality depends on many factors, Services subject to change. For enrollment and more details, see toyota.conientune 9. May not be compatible with all mobile phones, MP3/WMA players and like models. 10. iPode and !Phone® are Is a registered trademarks of Apple Inc. All rights reserved. 11. Advanced voice recognition capabilities vary by head unit. 12. Apps/services vary by phone/carrier, functionality depends on many factors. Select apes use large amounts of data; you are responsible for charges. Apps and services subject to change. See toyota.comlentune for details. 13. The Bfuetoothe word mark and logos are registered trademarks owned by Bluetooth SIG, Inc. and any use of such marks by Toyota is under license. other trademarks and trade names are those of their respective owners. The phones on Toyote.com have been tested for Bluetoethe wireless technology compatibility with Toyota vehicles. Performance will vary based an phone software version, coverage and your wireless carrier. Phones are warranted by their manufacturer, not Toyota Concentrating on the road should always be your first priority while driving. Do not use the hands -free phone system if it will distract you. The Bluetooth® word mark and logos are registered trademarks owned by Bluetooth SIG, Inc. and any use of such marks by Toyota is under license. A compatible Bluetoothe-enabled phone must first be paired. Phone performance depends on software, coverage and carrier. 15. SiriusXM services require a subscription after 90-day trial period. Subscriptions governed by SiriusXM Customer Agreement available at www.slrlusxm.com. It you decide to continue your SiriusXM service at the end of yaur complimentary trial. the plan you choose will automatically renew and bill at then -current rates until you call 1-856-635-2349 to cancel. Fees and pmgramming subject to change. Available only to those at least 18 yews of age in the 48 contiguous United States and D.C. 16. Be sure to obey traffic regulations and maintain awareness of road and traffic conditions at all times. HD Rad'oTM Technology manufactured under license from iBiquity Digital Corporation U.S. and Foreign Patents. HD Radices and the HD, HD Radio, and "Arc' logos are proprietary trademarks of iBlqulty Digital Corp. 17. The Smart Key System may interfere with some pacemakers or cardiac defibrillators. If you have one of these medical devices, please talk ter your doctor to see if you should deactivate this system. 18. HomeLink® is a registered trademark of Johnson Controls, Inc. 19. Vehicle Stability Control (VSC) is an electroric system designed to help the driver maintain vehicle control under adverse conditions. It Is not a substlute for safe driving practices. Factors including speed, road conditions and driver steering Input can all affect whether VSC will be effective In preventing a foss of control. Please see your Owner's Manual for further details. 20. Brake Assist is designed to help the driver take full advantage of the beneflts cfi ABS. ft is riot a substitute for safe driving practices. Braking effectiveness also depends on proper brake system maintenance and tire and road conditions. 21. Smart Stop Technology® operates only in the event of certain simultaneous brake and accelerator pedal applications. When engaged, the system will reduce power to help the brakes bring the vehicle to a stop. Factors Including speed, road conditions and driver input can all impact stopping distance. Smart Stop Technology® is not a substitute fcr safe and attentive driving and does not guarantee Instant stopping. Please see your Owner's Manual for further details. 22. All the airbag (AB) systems are Supplemental Restraint Systems. All ABs Of Installed) are designed to inflate only under certain conditions and In certain types of severe collisions: frontal and knee ABs typically inflate in frontal collisions; side and side curtain ABs In side collisions; Roll -Sensing Curtain ABs at a severe tilt degree, roll or lateral G-force. In all other accidents, the ABs will not Inflate. To decrease the risk of Injury from an Inflating AB, always wear seatbelts, sit upright In the middle of the seat as far back as possible and do not lean against the door. Do not put objects in front of an AB or around the seatback. Do not use a rearward -facing chile neat :n any front passenger ssat. The force of an Inflating AB may cause serious injury or death. See your Owner's Manual for further lnformation/wamings. 23. Whiplash -Injury -Lessening front seats can help reduce the severity of whiplash Injury In certain rear -end collisions. 24. The Toyota Tire Pressure Monitor alerts the driver when tire pressure is critically low. For optimal tire wear and performance, tire pressure should be checked regularly with a gauge; do not rely solely on the monitor system. See your Owner's Manual for details. 26. The engine immobilizer Is a state-of-the-art anti -theft system. When you insert your key into the Ignition switch or bring a Smart Key fob into the vehicle, the key transmits an electronic code to the vehicle. The engine will only start if the code in the transponder chip inside the key/lob matches the code in the vehicle's immobilizer. Because the transponder chip Is embedded In the key/fob, it can be costly to replace. If you toss a key or fob, your Toyota dealer can help, or you can find a qualified Independent locksmhh to perform high-secarity key services by consulting your local Yellow Pages or by contacting www.aloa.org. 27. Covers normal factory scheduled service for two years or 25,030 miles, Whichever comes first. See Toyota dealer for details and exclusions. Valid only in the continental U.S. and Alaska. 28. Installation not Included. See your local Toyota dealer for Installed pricing. Pdcas and product availability are subject to change without notice. Sane vehicles are shown with available equipment. Seatbelts should be worn at all times. Please do not allow passengers to ride in All information in this eBrochure is based on data available at time of posting, Is subject to change without notice and pertains the cargo area. For details on vehicle specifications, standard features and available equipment in your area, contact your Toyota specifically to continental U.S.A. vehicles only. dealer, A vehicle with particular equipment may not be available at the dealership, Ask your Toyota dealer to help locate a specifically equipped vehicle. 448 of 616 w TOYOTA DEALERS IN YOUR AREA: to ❑ Greg Miller Toyota Distance: 2.98 iY .es: CC 6800 Federal Boulevard >.. • Le.ror Grove CA, 94.945 ;'bone: (619) 287-2496 http://www.gregmilleloyota.com Frank Toyota Distance: 3.21 V.°'es: 9.400 Natior.al C°tv Blvd Natioral C ty CA. 91950 (619) "74- 5(3 h:tr)://ww',ty .frank.':oyota.cc.)rn GET DIRECTIONS to this dealer GET DIRECTIONS to this d ab3r �i. J � t-' �•9f ■ I.Arrar Glyn •,% wS .'1. S Lb,:r 4 `.oae..axe.. 449 of 616 s 0 L D T 0 ,M==llt Delivered as Promised NET 30 DAYS NATIONAL CITY POLICE DEPT 1200 NATIONAL CITY BLVD NATIONAL CITYCA 91950 1370 North McCan Street Anaheim, CA 92806 Phone. 714-988-4830 Fax 714-414-0244 ONTRAC ** QUOTATION ** * * DUPLICATE *** Ord # 03 02405 P/0 # HIGHLANDER NATIONAL CITY POLICE DEPT 1200 NATIONAL CITY BLVD P NATIONAL CITY CA 91950 T 0 Page 1 Br Accnt 00 53595 MN HO 8/18/16 15:15:50 Expires 11/25/2016 Lin ty ..Part NUMber S Description W#: .Eacix Net Value 001 1 TV T-TYHLNM1_14N Vehicle Year 2017 Third Row Seat Folded No Prisoner Cage / YC9 Exterior Carpet Gray ?raWer Interior Carpet: Graf. Drawer . Front(s) : Black Composite 1 Dwr.. Push Button Locke w/Key .Override 2 Meg Carpeted Long Div 013 1 LA I INSTALLATION INSTALL, TRUCKVAULT INTO HIGHLANDER TOYOTA TVAULT 1575.0000 425.0000 >.. 1575.00 425.00. 2 ( 2000.00 I Tom umes:. •:Ci3REToTAt. PON .LZ2 RAUTO. COM SALES CaLEBRAUTO. COM 150.00 RCVD. BY: 180.00 TAX . . :..: 2330.00 450 of 616 Department of General Services Procurement Division 707 Third Street, rd Floor West Sacramento, CA 95605-2811 State of California CONTRACT USER INSTRUCTIONS *Iv"! MANDATORY **** CONTRACT NUMBER: 1-15-23-14B DESCRIPTION: Ford Police Interceptor Utility SUV CONTRACTOR(): Folsom Lake Ford CONTRACT TERM: 6/30/2015 through 6/29/2017 STATE CONTRACT y ADMINISTRATOR: I Timothy Smith (916) 375-4451 timoth .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 Generai Provisions, Date: 6/30/2015 Timothy Smith, Contract Administrator 451 of 616 STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION 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 govenmental agencies in accordance with the requirements of Contract # 1-15-23-14B. The Contractor shall supply the entire portfolio of products as identified in the contract and will be the E r'imaiiy print of contact act 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 and of the current contract term. 2. CONTRACT USAGE/RULES A. State Departments ▪ The use of this contract is mandatory for all State of Ca[ifomia 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 States statewide contracts may access the Purchasing Authority Application at httD:Ilwww.dgs.ca.govlodWResources/oublications/SCM2.aspx or may contact DGS/PD's Purchasing Authority Management Section by e-mail at pams dgs.ca.gov. 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, B. Leal Governmental Agencies O Local governmental agency use of this contract is optional. • Local government agencies are defined as "any city, county, clty 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, eacn local governmental agency should determine whether this c:r►tract is consistent with its DrocL!rement 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. DOS agency billing codes may be obtained by emailing the DGS billing code contact with the following information: Contract -15•23-14B User instructions 452 of 616 6/3012015 STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION Contract laser instructions o Local governmental agency o Contact name o Telephone number o Mailing address o Facsimile number and e-mail address DOS Billing Code Contact: Mariiyn.ebertados.ca.00v C, unless otherwise specified within this document. the term "ordering ayencles" 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 be Identified within each article. 3. DGS ADMINISTRATIVE FEES A. State Departments The DGS will bill each State department an administrative fee tor 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,//ww ,_sags.ca.aov/ofs/Resources/Pricebook.aspx. (Click on "Purchasing° under Procurement Division.) B. Local Governmental 6ctencies 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. All 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. SRJDVBE OFF -RAMP PROVISION There is no BIDVBE off ramp assac!_.tod ln.4th 1[ht t trA t 5. EXEMPT PURCHASES To purchase other than the contract commodity listed requires an approved exemption from the DGS/PD Contract Administrator. Please refer to httx:/A ww.dgs,ca.00v/ad/Programs/Leveraged/contractslexemotionorocess.asDx for information and the required justification forms regarding the exemption process. 6. 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 Performance Report via email or facsimile to the State Contract Administrator. The ordering agency should include all relevant information and/or documentation (Le. Purchase documents). Contract 1-15-23-14a3 User lnstruc`�ioro 453 of 616 61/30/2015 STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION conti G r aior 1M1 3143 Contract User Instructions 7. CONTRACT ITEMS The fr ILowing one (1) vehicle is available for purchase under this contract: FORD POLICE INTERCEPTOR UTILIT'Y.$Uj No other Ford vehicles are available for purchase under these contract terms. S. SPECIFICATIONS The vehicle listed on Attachment 1, Contract Pricing, must conform to the State of California Bid Specification Number 2310-3116R1, dated 5/3/2015, Attachment 2b 9. CUSTOMER SERVICE There are no specific customer services requirements associated with this contract. 10. ELECTRONIC CATALOG/CONTRACT WEBSITE CONTENTS There 1s 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 CERTF!CATION REQUIREMENT There is no technology certification requirement associated with this :;:riiract. 17. 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: http://www.clgs.capoviod/Forrns.aspx (select Standard Forms). Contract 1..15-233-14B ^^ 61012015 User instructions 454 of 616 STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION Contact Kiditletoiy 1-' 3-14B Contract User Instructions All 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) ✓ Suppiier information (Contact Naive, address, Phcne Number, Fax Number, E-mail) • Line Item number Quantity ▪ Unit of Measure -- (each) ▪ Commodity Code Number a Product Description ▪ Unit Price e Extension Price 2) B".anket Orders The use of blanket orders against this statewide contract is not allowed. 3) American Recovery and Reinvestment AcL(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. e ARRA Supplemental Terms and Conditions Note: Additional information regarding ARRA is available by clicking here to access the email broadcast dated 08110/09, titled Supplemental Terms and Conditions for Cnntracts Funded by the American Recovery and Reinvestment Aot. B. Locai Governmentai Mendes Local governmental agencies may use their own purchase document for purchase execution. The purchase dc;urnents must include the came data elements as !fisted above (Exception: Purchasing Authority Number is used by State departments only). C. Dncurnentet!ori All ordering agencies will submit a copy of executed purchase documents to: DGS - Procurement Division (IMS# Z-1) Attn: Data Entry Unit 707 Third Street, 2`d Floor, MS 2-212 West Sacramento, CA 95605-2811 18. MIMIMUM ORDER The minimum order shall be one (1) vehicle. Contract 1-15-23-14B User Instructions 455 of 616 6f3012015 STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION Conte Mandator/ 1 6-23-14b Contract User Instructions 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: ▪ U.S. Mail ▪ Facsimile Email The contractor's Order PJacernent Information is as follows: ORDER PLACEMENT I fFORMA ION U.S. bail Facsimile Email Folsom lake Ford 12755 Folsom Blvd. Folsom CA, 95630 (9113) 353-2078 danr(foIsomlakeford.com 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 Dol accept purchase documents for this contract that: • Are incomplete; Do not have a DGS billing code — (local agencies) • Are submitted without Contract Administrator approval of riori-moire 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. 21. ORDER RECEIPT CONFIRMATION The Contractor will provide ordering agencies with an oraer receipt confirmation, via. e-mail or latimile, 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 456 of 616 8..01201E STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION CostNirdn 1-15-.-140 Contract User instructions 22. OUT OF STOCK REMEDY Under no circumstance is the Contractor 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 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 wiii 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 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 Requirements Deliveries may be ,made to !ovations 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 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'_ Contact 1-15-23- 4B User Inetructorrs 457 of 616 6/30/2015 STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION Ou SLY zotWade; ME-2344 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. Additionally, delivery shall be FOB Destination to the California Highway Patrol (CHP), Fleet Operations, 3300 Reed Ave., West Sacramento, California 96605. 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 1=0B point. This delivery may be subject to an additional delivery charge by the resulting oontractor(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 an 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 mites 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. S iPP D ORDERS All shipments must comply with (enerat Provisions (rev 06108/2010), Paragraph 12 entitled 'Packing and Shipment", The General Provisions are available at http://www.documents.dos.cagav/odimodellang/GPnoniT060810.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 Material Safety Data Sheet (MSDS), via facsimile or email, to the ordering agency upon written request. Contract i-15-23-14B User Instructions 458 of 616 8!34?20i a STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION Coari,;iaGi Mandatory 1-1 3- 4 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 (5) 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 2!1 documents are present. In the event deficiencies are detected, the vehicle will be rejected and the delivering dealer wi]1 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 (V1N) 2,°Line Set Tickets" or "Window Sticker" showing all options installed 3. One (1) copy of the vehicle warranty 4. Qne (1) Owner's Manual 5, Speed Calibration documentation for each vehicle 34. CONTRACT ADMINISTRATION Both the State and the contractor have assigned contract administrators as the single points of contact for eretie-..: res. !ut one ^o ed 1-elated. ccIntr {;t'_ Administrator information O SlPC (State Contract Admrnistrator) Folsom Lake Ford (Contractor) Contact Name; Timothy Smith Dan Ra]mondi or Mark Paoli Telephone; (916) 375-4451 (916) 351-4246 or (ui 6) 351-4202 Facsimile: 6) 375 4513 E (916) 353-2078 Erne: timothv.smithfat dos ca.goy darrrtfolsorrlakeford.corr ` I mar'keaoli somiakeford.comr Address: I DGS/Procurement Division Attn: Timothy Smith 707 Third Street, 2nd Floor, MS 201 I West Sacramento, CA 95605 j Folsom Lake Ford { 12755 Folsom Blvd. Folsom CA, 95630 I I 35. RETURN POLICY Mot applicable to this contract. Contract 1-15-23-143 User instructions 459 of 616 6/3012015 STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION CC ? cfArzeztery 9 -` ri-23-140 Contract User instruction& 38. 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 O Leveraged Procurement Number (Contract Number) • Agency Order Number (Purchase Order Number) • Item and commodity code number • Quantity purchased • Contract price and extension • State sales andlor use tax Prompt payment discounts/cash discounts, if applicable • Totals for each order 39. PAYMENT A. Terms Payment terms for this contract are net forty-five (45) days. Payment will De 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 goods, performance of services, or receipt of an undisputed invoice, whichever is later. b. CAL -Cara Use Use of the CAL -Card for payment of invoices ls not 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 ofttce(s). Without the Std. 204, r•ayme.nt may be unnece: ar;ly 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 AA 460 of 616 5/3D120i 5 STATE OF CAUFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION Ccorktott Waridattny 1-1 3441B 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.boe.ca.iov. State departments must adhere to the file documentation required identified in the State Contracting Manual Volume 2 and Volume 3, as applIcabia. Contractor Narks 1 Buller Permit # Folsom Lake Ford SR KH 26797640 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 (CARB) and Federal requirements. 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 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 fumished with each vehicle delivered. Normal wear items such as tires, belts, hoses, headlamps, Tight bulbs, brake linings, hrake 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 switches (door, trunk lid), paint, hinges, haal' b`.; cc locks, etc., n,.. � ...: or ..,,. The State reserves the right to use re -refined lubrication oils, where available, in lieu of the virgin equivalent oils, The re -refines oils users by the State will meet all API and SAE standards and specifications as set With by the vehicle manufacturer. The use of said oils shall in no way void or degrade the original manufacturer's minimum 3-yearl36,000 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 ali 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-yeari 38,000 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 1-15-23-14B U4er Instructions 461 of 616 6/13012015 STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION Cott' Contract User Instructions 46. 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 BACKITRADE-IN There is no take back/trade in associated with this contract. 60. ELECTRONIC WASTE RECYCLING There is no electronic waste associated with this contract. 51. ATTACHMENTS Attachment A — Contract Pricing Attachment B — Specification Number 231O-3116R1, dated 5/312015 Attachment C — Dealer's Catalog Contra 1-15-2.3- 14R User instructions 462 of 616 S13E12015 CONTRACT 1,45-23-148 USER INSTRUCTIONS Attachment A Enforcement Vehicles, Police Pursuit CON1TRACT FRICIn!G Contractor: FOLSOM LAKE FORD Vehicle: ENFORCEMENT UTILITY VEHICLE, POLICE INTERCEPTOR SUV [TERMS: $500.00 discount per vehicle For prompt payment wtthk 20 days %:E-sruraot Line hem Uiitt of • Humber Measure curl 201 202 203 i.,ai oiaaaCi Lin* *cm Wilt of Number Measure It Set Quantity in Unif of Measure Qy in 1JnIto Measur Item cripdon Manufacturer (OEM) Law Enforcement Ford Utility SU'lWith Polyce Package in accordance with speti•ificataon 2310- 3116R1, dated 610312015 Optional Badge Delete Extended Powertrain Warranty, 5 year i 100.000 miles Ilerri Desciptlan Manufacturer (OEM) A UNSPSC Code Manufacturer Part Number (OEM IR � ra SY1t�rst -•-- DELETE Ballistic Door Panel Option - Supply and install front driver and passenger door ntounted ballistic panels rated National Instikrte of Justice (NU) LVL III - Leas 10% BLS MFG. NIJ LVL Ill 2510702 80E sm.!; State Conct Price 30E (2,765.98) 463 of 616 CONTRACT 1-15-2;-14B USER INSTRUCTIONS Attachment A Enforcement Vehicles, Police Pursuit Orono Seg. ID item DeScripiion Ir-rc..z - --- Attzchrrient C. peaI r Catalk g - U1iilty Police Interceptor SUV 'Price List Keyed Alice Vehicles ` Taller Towing Package Draw The Clasp II Daytime Running Lights (DRL) Catalog Date 1 0/201S 61301201;5 MOM `)I S SC Code 2510102 2510702 2510702 Above Dealer 10% 10% Contract c�y% Cost DIscou Prole 4 $41.00 $10.00 464 of 616 IFB FIGS 1409-011 Attachment B CGS t Pete4l avert% STATE OF CALIFORNIA BID SPECIFICATION UTILITY VEHICLE, LAW ENFORCEMENT HIGH SPEED POLICE PURSUIT 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 traffic 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 Ievel. Ambient to eperateres 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. 7.0 RULES AND REGULATIONS; Vehicles shall comply with all applicable California Vebiole Lode (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 comply with Society of Automotive Engineers (SAE) J 1100, "Motor Vehicle Dimensions" in addition to al! 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 erect 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 shall meet the following r•=in::um epe ifirations: 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 c;f th:ts specification shall also be instalIcd. 4,2 Engine: The engine shall be a manufacturer's "Police.Package" configuration equipped with altitude compensating electronic fuel injection. The erg ine 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. Yv INTON 1-XX-23-14 PA E 1 or 6 8/3/2015 UTILIT 'VEFI CLE, LAW ENFORCEMENT 465 of 616 [FB CGS 140E-011 2310-3116R1 The engine shall be designed to operate knock free ea all engine and vehicle speeds on unleaded fuel with a minimum octane rating of 87 (RM + MM _ 2). 4.3 EnEi;ne 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 Supply System: The fuel supply system shall be of such a design to eliminate vapor lock when the engine is operating in high ambient temperatures or during periods of extended idling. 4.5 Fuel Tank: The fuel tank furnished shall be the largest capacity available. 4.6 Cooling System: The cooling system shall he 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 arid capacity shall maintain the engine at optimum temperature, under all operating conditions specified, without any Toss of coolant or overheating of engine and components. The cooling system shall he 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 (OVWR) 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 sh.al.1 be the highest capacity optional generator/alternator listed in the manufacatrer's current police package brochure applicable to the vehicle bid. It shall have a minimum 160 amp output. 4 ±oraissio sThe tranA esioy� shall be fully automatic transmission eq ipf`... with auxiliary �,V aa6) OAr Yll.i}vJ4• 4..r.W�ll1 ii J..Swa. L� transmission fluid coolers, if necessary, to maintain oil operating temperatures not to exceed 275°F, maximum, Console or floor mounted shifters are acceptable, but must De capable of allowing the installation of CRP radio and equipment. 4.9 Steerine: 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 shah be supplied with five (5) matching wheels and tires. One (1) of the five (5) shall be amaiching fall 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 applications. Lug nuts shall be covered with a center cap. Manufacturer's standard Tire Pressure Monitoring System shall be supplied. If a tire pressure WM5NTQIti 1-XX.23-14 PACIE2OF6 466 of 616 6/3/2015 UTILITY VEFf!CLE, LAW ENFORCEMENT IFB DGS 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 tiYe 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 Iimited to the following radio frequencies currently in use by CHP 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 (RFD, or electromagnetic interference (EMI). If tile system causes any two or all three types of interference, the total combined. allowable receiver degradation is 1 dB at all CHP frequencies. See Exhibit 2 for radio degradation testing details. 4.15 Bodv_The body shell 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. WMINTON 1- X23.14 PAGE 3 OF 6 613/2015 UTILITY VEHICLE, LAW ENFORCEMENT 467 of 616 IFS DOS 1409-011 2310-3116R1 4.17 Interior/Seat Upholstery: 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.) 4.16 Speedometer: The vehicle described in this specification will be used in law enforcement and spccdomctcr 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 narvieg, 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 Payload: 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 Spotlights: 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 FIoor Covering: The floor covering of the _frontand reer floor may be standard rubber 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 5. 4.25 jlfiicella,neous Equipment: The vehicle shall be equipped with the following miscellaneous equipment: e O Backup camera with display Reverse sensing Heated driver and passenger mirrors Tilt steering wheel Fresh air type heater and defroster. Refrigeration air conditioning of a size and type recommended and installed by the manufacturer of the vehicle. Intermittent windshield wiper system. Fuel level and water temperature indicator gauges. 12-volt DC power outlet in front compartment. MINTON 1-XX-23-14 PAGE 4 OF 8 6/3/2015 UTILITY VEHICLE, LAW ENFORCEMENT 468 of 616 IFB DOS 1019-011 2310-3116R1 ▪ 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 III test standards. Testing certification shall be provided upon request.) y Cruise control Dual electric horns or dual note hom. • Headlight wigwag capability. • 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 Requirements: See Exhibit 1 for testing methodology, 4.26.1. Ali vehicles shad meet flie following Acceleration aid Top Speed requirements: ▪ u to 6-0 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- Roll Resistance, Front-end Dive, Rear -end Squat • Handling- High-speed Curves, Medium -speed Curves, Tight Cornering, Predictability WM!NTON 1-X!{-23-14 PAGE 6 of 6 6/3/2015 UTILITY VEHICLE; LAW ENFORCEMENT 469 of 616 IF6 DGS 1409-011 2310-311 6R1 4.26.3 All vehicles shall meet the following Braking requirements/tests. ABS Braking: • 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; to Excessive Brake Pedal Travel B Braking System Provided Acceptable Stopping Power • Steering Pull or Weal Lock -Up Pursuit Course Testing: Excessive Brake Pedal Travel • Braking System Provided Acceptable Stopping Power Steering Pull or Wheel Lock -Up WANTON 1-XX-23-14 PAGE 6 OF 6 6/3/2015 UTILITY VEHICLE, LAW ENFORCEMENT 470 of 616 Attachment C 2016 lJm.ITY POLICE INTERCEPTOR EQUIPMENT GROUP 2.. L v6 •I'Mvet fRJ vaih rkat3AtatTtutan,", rTarturfne,iui1 5.t1L V6 Ecoft l+- I,1 •rntli Ta(J ai RNA ;SR 1.rrC j0.0 II Interior rade Package -1*an riRowellrpetFloor -MO Seats - Bear - Canter FloorOcriaaltE lava skitter witm Inue.P o1 ee consols Web pate • , tndude a Comae - Top Roe -Roth 3: 101.2 cup nothirel - Floor Mark front rum rear [ Pe ) - Deletes the standard omelet imam pieta {s50) Noise Not wallas wthcylmns b7 IRK eiU OW $375.00 1- Frcnaliaoaitlp f Pt,ikca In2 ept--r llousing Only - P're stied kola for aids` marker police cos, does not it/Ciude•LED instatleInataasrewtto drill hotrelng aseembrtes) --Pie-molded attic wanting LED dotes oink standard iead lock aimed capability (done nra :tidal4.30 huatallangtits) Not Noss aoilablsWMopCana'Wend57H $121 00 Front Headlamp Lsnhbbig Solon - Inctudea baaa LEEKS lawt rioandesosnt Halogen) High bairn headlamp/MIheadlamp/MI Ftlph•etrn W mg f u clibn and b+ta-(2) whtt a rectangular LED awarar g fights! i -includeepre+Matfor grille LED omen and speakar(00A) » tlanag, LED Igglia waded. 'te t image Maw Not evaiable wait vplord Till busies Recommend name CatipWinna Llpfil PteokaLte (6TG) or LiernalelM1RArq s0B71i? 96A $818.00 . *Toil Lump / Pollee litoramtor Rousbrg Oniy 1 -Pre-existing Wee WI aaidard twist iock sealed Gapabllity (don not hdgd, Lfi/) Metalled fights) • tellminalea mod to i Rotas N a mth oopdone. seS and GM assemblies) BgS 5 '. � . . TollI.atpl.lghttngSo1utIosr - Inoludesbaso LIE7Ilghta plus We° rear inlaptatolavnticrterlo 11ghtheed Mete LEOaidewarning IBhts 1nlaldw1y' 1ps bate: Not av lletgecab sp<fon:s7H reDl'eacdudad Not Recountenct using Cargo Ming UPdt Package:OM or llama Le Mtn Package le7U) s� . • .t, G I� .�O .' , - • - . Reis Lighting Solution . - imitates Ism (2) baddtl Meant a thew hlgtl•lreenetty LEGS (dr1Vw !;Ida red! psserlger side b1Ua) marled to Insate Bala ghats -lncluclaa%o 94 bucket Gestano Ilnear tafigliAntenaki.M}lea(dRxefsaide or.dlPassen;srAda hkiel ireWO on aside 11p.4flil ate (lip ntsadllvaieetwninnate leapw) — LED is5Tda Wiring, controller 'nor incl:ided Note Not east] ov►Ah opttam6711 Notre Rccomni nd seeig Carg:r 1NJr1ng Up#11 Pearce WO) or UI9lmate Ms i'acIr MN) nee $438,00 Cargo Wiring Uptit Paokaga - Rear consols plebe MR) -ssontolrreitrcough2"arow channel for ietrk g -- Wiring motley hotness with %Ming and siren tnterbsaa'mnrteotorie -Wade Engtm Itmvks6W• 0 Two (2} lightconnectors- auppona up to alx(D) LED lights {entilne commitment) 0 Ten 04 gale light connectors c71ti'oEldripf ttelygroundtrokdtslarighthandrea-qurrterpvwdietrtbuucnjunction4loolc � lto� - . -YirrmenKcal r%kigrlfiT*{bfyfellrObil'(tI Ui llliL7eiia Z'rum ft* {.ontrouur / Relay boater wring pumper hemr -1ARtalen SpsrAio Cede (c htlats-to ovum eras) Cormicte PCC810. to Mortis! tread -PraAv�xaiQfor oils i.EDloins,chin , apmakerii61Ai -Dam end' #alrtde LEO tomes a Recommend PdmelSire HarniOonnsclorTato47C and 2IP Note: Not avaaabie taai options Bet, RH AadE7U a [ (i $I286,00 Ready for the abed Pablo/gm Ail -in otenpFacitage,Acctugea Pete. RFtarcaptcr Poltava: goA, OR, GOO., pas i —Whelan Carlow L4In co rasher awl vrtlll dneliabla beaktight 1 —Vi heten Camaro Rtehry. tamer/ teen !Amp 0-franc tilecr (mounted behind fit° tour seat) i i— L .t ate! r W Rai*, x,:-gyp *sing 5t a= ddlltierli t VQu(pult � — Ho w motif J.ikaal 871i . $3,277.00 1 -Whams efli4ffa VI4SCAN ,Cstle(- ractetoca. area) buiractsC+ewnrtGCrxi& 1IToad - Pre -wiring iring for i.EO ligl ts. siren and speaker (8oA) - Rear cone* plate (ea contours trough 2 d sans channel tor wain — Grille linear I-EP I.19ft OW r =t!'. ) and harrwss 1—icm-WattSiren rnpaa kw —Haden OoothLodcPIUcowl ReenDoor Hance inoperable( Hamese: -Wbing (2) Oa St.fip battery and ground arias tr! RR numquarter N Nvt available wi i a' pitons. MA. 6BS, eric. e7U and WU Lit a New its *la model mar P t+ Intitldad 10 Ea Dr1Sci4 GMLl0 S = Sttt 8rd Brotornatt 0 a Callow Ford lion 471 of 616 201111.1TI.1TY POLICE INTERCEPTOR 1UP GROUP .. • _ z • �� e t I r �.fi)• = �` .•1- •'i_i rr , • r dr i ._ li `: f 1 . 6._ .. 2 f . r. j, -iL _ li ,.: �. - 1 1YS i -71 17 :s,�' 4.w.. :..'+i ,."r r,�L'...,;�'.�Tef�4t�di� UltbitateiBlring Postage Intlikritil the Mowing rRoar commie tatowe4tgPlate (e$Rf-a Wag -plewdoatorgOLED bah Maeuidspeaker t ) -Wring hareem VP to rear orgasm (overlay) 1 o cables - riepponeup toms' # =i ht o 'No battery and g adl at RH Isar -quarter oCAta I)19.1pstpeIrantt *sot engine oorse -Rear ha� atree.�supturns rap tosix (a) rear tED Itgrdo - Doretror include LED *ghte,&de coclosorors orc>ephpner o Simancrearni Poke N ►tatms+e* mPzentor➢ s4r.ar-ia2W Note Moto ecliblestal °Mow au. BTtd. OTH �1� rL�• Le._-r1i,,t..-*.: WU p .'r�i3 .fr..r .. $529.1?� Faucetitre Haus Connectortat -Pront Fora usrac@vlly to Pont PI Package aetludlonur Wades: * [2} Male 4-pal connectors kg siren • (15) s connectors OgEr1R l9raspeaket •410 *(1)4-p>+'1IPcxumaotorter roan occirtter connr • • (1) elm serksiconnector Boas: Soo tf(,1Ttaerontadefaa•€ureaudela/ $100,00 Polrer Who Humes* Connector K -Rear Far concavity to Ford P1 Packages Ire:lt tde •!(t} 2-pkn aarux:anior rear ttahtotit . tit 2-pktcosmic' • OaFemale4•psrconnecters • Male4 pin maned= • 1apnzconnector Roars e- trpau guideforfei ter; t etc 21P $126.00 Engels MO11 Helder 4111 $R1,00 Moss Plata Bracket - ROM MB .�F :.'�"`'�^ ^`' r 1> 8t3a. yy� ,'{� f7S�.:: , y,.r- •f iF�k 1. '- I r • A ,�}� Wew.x .. _4f:i�,�s"�t.'Xic�' !,,: c +�r7 N =�: �% �...a►�: �'� � ��,.y��+.�� 1s �r � ���' +IY=2 �F '��.•� 1:. •�Ayk�+.5f. �t Lk•� .r. �,'4R:}f. ..f'�,"'.S;t'h!..t:::?�,`.�'' Auto Hoolamp Writ Car Posture - Courtesy ta rn whenart! door:.Toed +fit CONTRACT Dw rOrna Rurcmng tamps $43 00 nana Garrrp - Re ing:3 bl Cargo Area 't'TT `i' . a r *FronilAternual AuxtriaryLight (Dnverstde- Red r passangeraille - Me) KW& Reoutrce SCA 211. $529.00 : FOOW Indicator Pocket tNandng Light- Wain, Park, -Ran (Dr.tvwaide -Rod / griper akin - Nofi Fagttree BOP $ I4.0D Ira•wfttnoarrange L ED.u01te, weir and speaker $50.00 BtIA 0 if RA A (P•en / P471IIF47U ' - BldeidarkarLEO-Srdevlew Monte (Driver eidll-Rad/Pawnor srde-I ) - 0=10 on Iracionsio of ererenorhairrefiirDuei g LEi) 4h11,orgy. Wlrkp, aorwnAarltariiicincled, ProOr Rectum am a. Rscomnard twat' kinOOno Whine UP��+ WO, Reec�lorihaRaadPaoJerpa(Atlijarlte 'Viking PaCs (s►i an 'S..`t8O.O0 Rear QuarterBCeseelde MarkerWi s(17nerdeo-Red/Passmaaar dD &3A ee41 Ail epct Laing Prep Mi. iifttrar Ode a,ase: uai mows soot Wimp rowing arid bulo '-`ft' $ I34.0t ' > sPat L env Prop Jet, Dual Bids bola: Does not Wax*tgat kimono:rang and hie �1Yk $270 00 tie $7. ,00 Drtvar Duet 011lorand np MS $33 00 g$OQQ tee o, caav__ SiR tifiew Only (Whalen) OIT Dual Wier and parcceuger} s18 tz.2 Dyad drover and passenger? fit? IpfY Art .. :I � . _�..i. t .' 7-.L_. ._ .0 Vie} .5 k •� '', 2�r`, _iy��-f An,`-i-VI. -** i r> c.l.4;I q rrb . � It + 't s f, ': i _f , .,`. •i:.-Ji yr yW ._ Grass - Solar Tint • Row, Rear Meaner Aria t t igala Wndrrrtr a' ...,- - ?mazy d sad 9 • f t3krrt••• Soler lint ROW Only, Privacy en Rest Quaeed l to Miaow 8SR f(- *New*torthlsmoat veer P inttIdeal lavux0 r= SLaridard EttlIkalterk0 f'+3tt1 I)tttlhton 472 of 616 2010 UTILITY POLICE INTERCEPTOR EQUIPMEltiT GROUP �•5 al; i u. r ,i.'1.4 Roof Root ado Rolla -•Elms. Darltr:tor Plate (Standard on fUtallotxdd:erl ra) •••~-�• y ,,,,.„...„.,,,,_.,.,..,.,,,.....„.„.....„...„..„....„,„,,,,,,,.... • Ro rl 9 R.HrUH $ont•'roors •ttr l RH/1.H R ar-DocosVinyl P i 1allahlawIth the Mowing opt In, 9ID, 01E, S1F.9i0. #44i.81. C4J4 I S847.00 : Trto-roswItkoltE PAclearr tr4 • Roof Vinyl • ftuti tDoora Ora v vinyl only Nate Plots+dtablowarty talo-ticapfroorS1A,r# D, SIK 111F,s1t391K91.1 91C $673.00 Two• onaVinyl-Root • v4te Roof Vinyl Soho Het iz 4loultra&Sliming octanCIA.61C arty $471.00 two:IY- bars =imx Nat aroa11adiawi6ohofoaawlrg +atom 94A, g11Z.9 43,1116. SW. me st,l 3 93{f0 Vbiy1 Wood• Vinto Wrap-} lstering located an LIVRI1 Odes at%sli a Raba Not t rt sah,ptorog atlig options, atA, 1/1C. DIE, 9iP. li1Ci, CfJ 110 $764.00 Viny• IWord Wrap - POLICE unttlectnne Btook i101 n8 located a1 t1VRI1 aidesaf nowt twavolitklmoihatatleatrrd coma el& WC, SW, t:IF 9i+A, frIJ 91E S7414.00 1NodWft- POLICE Nati?rdtt e t s WhIlitletledng wasted on LISRH:udlssofvends ' 1 Nato Mot LuottStefnth thalo9owk+lt arms WA, 910. 91M, 91 E, 910. 01J S1F $764.00 . •': - :. •' . _ ii Magi Word 1 SHERIFF' Waunre iv." • WNW t located on LFW51 aides of vehicle Nix Nat ayslattowthThee s CIA, SIC 91C.9It~.CIP,Ci,l 1310 $7454 00 ' 1744.41K-i" '! r :+ k7N7 r'1, 4'' ;401 arbi re . , #� ' s , } g F SOAVrj $S9.00 Wneol Covers O POW Mad Cow) Nola fat av i r+Nath eland end Pace wheel, not available wiat a4E OM 16' Painted Aluminum Mod - No* Spent wheal to an 1 t com andonal + : < -. black dad wheat 646 $457.00 Rear View Camera tides Elm Rear Via& Marti -Video at deptawedhitear Wow nourw INcEx �t anwua only In the C spuds VIthat. moles etc,atiarer VO* lse►,rrew Mart NC SYNCH Hoak (VolocAollvatad CommunlaalionSystem) -InUSE pad and ,1 .00 ate (n} elea oltsyai steerfrtg vtdtetll (lei sY ) ' . 9pIR Q, Re nappal:le (i &atoll= cm sleeri g Wheal Rtuttli . KS r. Q -, i 11 1 ff`rt 3' . tr u" w r m.r M '•y ,fir jq ^ •F• I.. N!_ - ' 7�. YSY?C'17'Ji:' l?n is ' Fle.Dcrx Mode; tnoponitlrla 1 LockaCcemble - eel. U. 0 l tear -Crow' Hondo I aip9Tbm r Lome Knowable' i MR $33.00 tt'id8ta OtoF X K P Yr lr '� oar 7—W VIM .. -i itt Hladan Emao oco Plunger wi eor-door____leo iaaperebie' t 154 00 r 4 li • �} a4 1;' 1 r • 14.4 I' 3.i 1•: :A 31C i b a�Q,Y 111 a ,t`•ey. i 160 . Wrldams BoothrnGaw powMOW, weed. from tort rtdawnY.' 4,, ir { ]. ''74Yi L .. -, t ✓lys - j1.( al , 7 4V, , r'0,. ,".r"Tr7; 4. 1 , ,A1 T t, rti.... •t'S, "••• .• '.: .At 41 iZ and 'Ilona' metro Uri door node, firant Mel Sri r.�o. pit' 4 Row �grro - � P 1 *Fplaner sod tay)u.'uirz:Iaaaillya r' $313an 0 Rork Occada Nets- Carats € Miley Not tta°+1 ?Yia Ai upon. 670. 97"i'f, 6/1:,aliFt 9ID NC ! Phi? 1 'Rear Care/Ole l ate Nate Not ra hla+roit�tlh molar 66U, ecD OR 7t3!Pali 11 . .c 3VU q ' '.i _2 Y•, i a"P k" : i t� +r�•,T ' i',{;J _ .,.'4yax "t' 73 0' i '�i ,1. ..::,:.t "3'a5> .L t� _ '�'1 .�fl L� r �:5>t .df'...1C:H',`�7.3'F - •£ari,6,, � ns., 4. i<.i :: % !+-•a:S'. �.. +k . itwdlU'r€-____ _` ems iy' rtti. t a.f-A j Wier' -a M V 1+n' �r n•8-�!:v� fg3r,+ir, 55ii 00 aw.it: Oplbonaeat, e8Ca.fat and ` not &atlableIntad oaradieuto !New Jtiade6yuar P w f11ClIldipi M automenteroup, 8 QStrliani QWplu nt 0 ■ -s- Ford Ullman 473 of 616 - 201e 1.111.11Y POLICE INTERCEPTOR EQUIPMENT GROUP e3de1J�4 .i . fr `.� .: �aS. a� J'...�,a,�.i f �� 71 ••. S� .r_. tag, sa. ..►.. , •, 1` c .t:.7Y�-p�=.� ,.y�L. _,k1,.r P, Y ljl. M wCLw1 i;. is.:. Akio --12 4ac fil Keyyel ed Keyed Alike--3136a 69D } k.k Keyed A�aa-0 fiil�_ Keyed Alta-1111xiceyttd — siC 50.+; Keyed Alike 0101x �g +Y �! .r� f ��1Y:A'�i t..9�• �' L7y�'. 4. y 7 ,�;k j�•..�q j y � 'Se. <' � �.s .k` 2 +�'-.�. S5-:��i''l'ti.U+��_x`a.'7�"£ ,� �w+ I'7s-. = n•..: .., ����ti• M f...y �.; i `i7',bvi4 �i�tiI!{ie? Bala *C Deor,P;a. -• Dover Frortt-Caca: Dr* SS5C1 - + malt stos4G -Paneie - Driver tx' Pass Yroat4loors WE _;: KW-8W Spot ng with Cr orte4railloA1eri (Rega3 Notts urol+,r+►r entodraxl•c;,v�v a tm . wro iner»orar, ofra s+ nae B �s' 3523.00 isidu a ryas Cap for Easy Pr Oakes rualfOr ISL. ' .0 M3trnre --Hearted 6ldrnrfnsli Sit , Pedingier A bTheirAlaryc —irce*W by Hoot Door or UV* S116,00 Remote Keyiese4rdly le,ey Fob (wlo Keypad, Woe PATS), Notar etot ye le5tawllbiCdAkl]a e $250.00 N. i verse Ser�rne $264 00 s, ': 2!kr;'�lt,%^ r : J tA i• L " 2..e ' .,4i r !� P-.. 1`:.' �foreng F 1_ 1 *, , i6?4 Aux Att.gendw. _ _ ibex Nol available with .- - . Storage vault ,w 17A .w aJ! $586.00 . — Deletes the Tote per! ba4 on rear ilikate —Debts the Itttaroapto' batingOnrat hdAdpos001±99 130 NC • Cargo door c :t wobble AWO llton1At• = $235.{]0 ry 9ootf Guards — Protectors wrap edging load on front edge of bed rear -Cons —Tap eartioe°,fear bumpe' (help probe* itts upper surface from paint damage ifte can omur unloarlog of Caw) 650 $87OD . My Speed Rest Mltendgera9rI Alton delSof *reset administrator lo !oirtiremaximum►aetagespeedandtttemmdmumaudio system volume oein4 n f cad aWhonzed IGS dmgrtGgh¢aeMoe tool -Alms the VMAX aged to be set in 5n i tromoients Miaow a3-13t mph) otos ego UptitteeeGaidelbrfast erdaboli 438 $59.00 #ales,puppresslon•$ond5 mod Straps) OCR $96,00 Wooed MU Ca*r- Fowl —ranger Unit —met Usage: EVOC Gontin a ! Dole Wog Track Usage Note; MOPTUGoaieresnotrdperUdfor loc a pero1Wage628 Mateo ReZdresdre S"tlt."Vte Etoat3aoate100 991'f $2.,809.00 twit 8l 4a baato't Ltd} 48X :v rtt 1 Eyasrl 3 .........W # for ttO Model Year P +r Itt h1 C9it1DttlQftt Gfau $ a �andard Glll7Drri8tkt L1 t}tis , t I .f+ f OAll INlrle#4t4 474 of 616 Department of General Services Procurement Division 707 Third Street, 2m Floor West Sacramento, CA 95605-2811 State of California CONTRACT DNSTRUB`fl NS **** 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 Rudol h.Jinienezdgs.ca.gov The contract user instructions, products, and pricing are included herein. Ali purchase documents issued under this contract incorporate the contract terms and applicable California General Provisions. All Changes are in RED Signature of File Date: 9/23120/ 5 Timothy Smith, Contract Administrator 475 of 616 STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUMMENT DIVISION Cordraet litiondettry 1-1 23-1 -- Supplement 1 Contract User Instructions Supplement Suppiement I No. DescriptionfArticies Date 1 Subject contract for Ford Police interceptor Utility 9/23/2016 SUVs is hereby modified to reflect the following change: 0 Article 33 Contract Administrations Contract Administrator has changed from Timothy Smith to Rudolph Jimenez. All other terms, pricing, and conditions shall remain the same. Con tract 1.15-23-14B — Supplement i User Instruc#lons 476 of 616 9/23/2015 STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION Corgfact Mau' deb: i',y 1-i f-23-1413 - SuppIcaicitt 1 Contract User Instructions I. 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 off Contract t 1-1 23-t +S, The Contractor L hhi! 5iipply the entire portfolio of products as 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 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. it a mutual agreement cannot be met the contract may be terminated at the end of the current contract term. 2. CONTRACT USAGEIRULES 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 (DGS/PD) for the use of this statewide contract The department's current purchasing authority number must be entered in the appropriate location on each purchaee 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 htto://iuww.dos.ca.gov/pd/Resourcesioubl3cations/SCM2.aspx or may contact DGS/PD's Purchasing Authority Management Section by e-mail at oamst'dgs_ca gov. Departments must have a Department of Genera! Services (DOS) agency billing code prior to placing orders against this ocntract. Ordering departments may contact their Purchasing Authority contact or their department's fiscal office to obtain this information. S. Local Governmental 1laencieY U Woe! 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 governmental 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. OGS agency billing codes may be obtained by emafhng the DGS billing code contact with the following information: Contras 1 -15-23 -14B .- Supplement 1 User inetroXons 477 of 616 9/23/2015 STATE OF CALIFORNIA DEPARTMENTOF GENERAL SERVICES PROCUREMENT DIVISION Conte ilri9 5--1413 —Supplement I Contract User Instructions o Local governmentai agency o Contact name a Telephone number o Mailing address o Facsimile number and e-mail address DGS Billing Code Contact: Marilyn.ebert{radgs.ca.gov C. unless otherwise specified within this document, the term "ordering agencies" will reter 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 ADiviINISTRATIVE FEES A State Departments The DGS 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: http:Nwww.dgs.ca.g9vlofs/Resources/Pricebook.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. All 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 fee.. SB/DlBE OFF -RAMP PROVISION There is no SB/DVBE off ramp associated with this contract. 5. EXEMPT PURCHASES To purchase utlrei than the contract commodity listed requires an approved exemption from the DGSIr D Contract Administrator. Please refer to htto:/lwww dqs a,covlpd/Programs/Leveraged/contracts/exemptionprocess.aspx 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 Performance 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-i4B — Supplement 1 User instructions 478 of 616 9/23/2015 STATE OF CAUFORNIA DEPARTMENT OP GENERAL SERVICES PROCUREMENT DIVISION nfliV0t Agy i-1 1G: `e —Supplziftert i Contract User Instructions 7. CONTRACT ITEMS The following one (1) vehicle Is available for purchase under this contract: FORD POLICE INTERCEPTOR UTILITYfUV 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 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 no product substitutions associated with this contract. 14. PROMOTIONAL PRICING There is no promotional pricing associated with this contract 15. STATE AGENCY INFORMATION TECHNOLOGY CERTFICATIOM REQUIREMENT 'T here is r14 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: Ptto://www.dgs.ca.govIpd/Forms.asicx (select Standard Forms). Ali Purchasing Authority Purchase Orders (Std. 65) must contain the following: Agency Order Number (Purchase Order Number) Contract 1-15-23-143 — Supplement 1 User rnstruciions 479 of 616 9/2312015 STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION J1!1r ac4 ll: i. tl r 1-1 i:/GS-14 LL: Supplerneni 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 of Measure — (each) • Commodity Code Number • Product Description o Unit Price o Extension Price 2) Blanket Orders The use of blanket orders against this statewide contract is not allowed. 3) imerican 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_Szolemental Terms and Cpnditions Note: Additional information regarding ARRA is available by clicking here to access the email broadcast dated 08!10109, titled Supplemental Terms and Conditions for Contracts Funded by the American Recovery and Reinvestment Act. B. Local Governmental Agencies 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 - Procurement Division (IMS## Z-1) Attn: Data Entry Unit 707 Third c+rPet, 21.4 Floer, n fi 2-212 West Sacramento, CA 95605-2811 17. MINIMUM ORDER The minimum order shaii be one (1) vehicle. 1S- 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 15-23-148 — Supplement 1 User Instructorts 480 of 616 9/23/201 STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION Contact t aada l 1-i 6 2 4 —Suppliwnent I Contract User Instructions U.S. Mail a Facsimile Email The contractor's Order Placement Information is as follows: ORDER PLACEMENT INFOR fATGON U.S. Mail Facsimile Email Folsom lake Ford 12755 Folsom Blvd. Folsom CA, 95630 (916) 353-2078 danr@folsomlakeford cam 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 not accept purchase documents for this contract that • Are incomplete; • Do not have a DGS 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 [ocal governmental agency for any other reason without written authorization from the Contract Administrator. 20. ORDER RECEIPT CONFIRMATION The Contractor will provide ordering egercies with an order receipt confirmation, via a-r' ii or fPasimila; within +8 hours of receipt of purchase document. The Order receipt GGiiiirniatiori shall include the following information: s Ordering Agency Name • Agency Order Number (Purchase Order Number) • 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 1 User lnstm lions 481 of 616 9125 2015 STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION Contxtot Vandatory 1-13.2S-14 — Su', ptGrt ant ' 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 andfor 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 often (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 win 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, 1 D: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 prooeduree 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 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 urines tr the [IRiivP_ry tern e and cerrsple ior+ schedule as specified in this solicitation. Failure in comply with the delivery requirements, as stated, may be considered a breach of oontract and subject the contractor to General Provisions 26, entitled "Rights and Remedies of the State for Default'. 24. EMERGENCY/EXPEDITED ORDERS Not Appik:able. 25. FREE ON BOARD (F.O.B.) DESTINATION The Contractor is required to deliver vehicles to State agencies or focal governmental agencies FOB Destination, Sacramento County. Additionally, delivery shall ae 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 contractor(s). This charge shall be shown as a separate item on the purchase order and invoice. Contract I-15-23-143 — Supplement nest I User Instructor* 482 of 616 9/2312015 STATE OF CA UFORNLA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION Comte Landiatri 1-1-`r -- 5 P'peanent 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 Tess 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. 28. 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: http:flwww.documents.dgs,ca.govlpolmodellant /GPrionIT060810.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 For l'eueueW that =Jeli i hazereloua chemical*, Z,iz defined by California 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. 32. ok SITEC;T: i,a'N 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 (6) 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 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 warranty. Deviations from the specified Contract 1-15-23-14S — Supplement 1. User Instructions! 483 of 616 9f23/2015 STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT OMSION Cortact l i y 1-1 -43-44 3 pLzoorii21 Contract User Instructions 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 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 ! DOSWPD (State Contract Administrator) Folsom Lake Ford (Contractor) Contact Name: Rudolph Jimenez Dan Raimondi or Mark Paoli . Telephone: (916) 375-4390 (916) 351-4246 or (916) 351-4202 Facsimile: (916) 375-4613 (916) 353-2078 Email: Rudoloh.Jimenez aQdgs.ca.g v danrefolsomlakeford.com markoao Ilefol sornlakeford_co m Address: DGSJProcurement Division Attn: Rudolph ,Jimenez 707 Third Street, 2nd Floor, MS 201 West Sacramento, CA 95605 Folsom Lake Ford 12755 Folsom Blvd. Folsom CA, 9563D ! 1 34. RETURN POLICY Not applicable to this contract. 35. C; i-tI PO+LiCY 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 Nurnber (Contract Number) ▪ Agency Order Number (Purchase Order Number) • Item and commodity code number Goniraci 1- i 23-14B — Supplement 1 User In9,ruutions 484 of 616 9(2312015 STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION[ ntizet Mend rliorty 1-1:. -1 — Supplement 1 Contract User Instructions Quantity purchased • Contract price and extension • State sales and/or 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 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 goods, performance of services, or receipt of an undisputed invoice, whichever is later, B. CAL -Card .Jse Use of the CAL -Card for payment of invoices is ni_gi 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 cue-entiy 'v-alid at the follow ng website: vrww.boe.ca.gcv. State departments rnu t adhere to the file documentation required identified in the State Contracting Manual Volume 2 and Volume 3, as applicable. Contractor Zbame Seller Permit # [Folsom Lake Ford SR KH 2697640 41. ACCE SILIILl COMPLIANCE/ VOLUNTARY DRDCtfCT 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 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 (CARB) and Federal requirements. Contract 1-15-23.14B — Supplement 1 User Instructions 485 of 616 5r2✓123111 STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION Cora ret Mandatory 1-13-14S — Suppler —nod 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 rr an ifacturerldea!era 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. 1f 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, Tight bulbs, brake linings, brake discs/drums, etc. are excluded from warranty coverage. A!I other items not subject to normal wear or gross operator neglect and abuse, such as window, scat or wiper motors, chassis electrical swtchc., (door, 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 all 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 3-year/36,000 mile 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 all 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/ 33,000 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 rio small business (SB) or disabled veteran business enterprise (DVBE) participation for this contract 48. TAKE BAwKr F RADE-IN There is no take back/trade in associated with this contract. 49. ELECTRONIC WASTE RECYCLING There is no electronic waste associated with this contract. 50. ATTACHMENTS Attachment A - Contract Pricing Attachment B - Specification Number 2310-31 i 6Ri, dated 613/2015 Attachment C - Dealer's Catalog Contract 1-15-23-14B - Supplement 1 User tnstructiong 486 of 616 9/2331201S MOTOROLA SOLUTIONS Motorola High Tiered Public Safety Radios for First Responders limited Distribution So l- who L a Public S f..ty radios Y lYll1L�J �i� solutions controls ail? +��i�� I�Oiif �j5�i! ru}I=�t. .7ri�r��� iau�uS can be 50 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 XII. Series. The only way to purchase these radios Ts 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 5oiutions, 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 & Resellers 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 APX£000 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 APB pricing to buy and sell an APX radio to the City of iational City would be denied. You are not able to get 3 quotes for these High Tiered Above Price Book Radios. Above Price Book pricing fora 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 Llst 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 ' 4.taKaTiaksaCaLat $O..idTIQ'N$ 487 of 616 COur+i v O►F SAN DIEGO - IK AR 1TMANT OF PURC IASING AND CONTPACT:NG CONTRACT NO. 550743 AMENDMENT NO.4t Tc� Moterahe Solutions, Inc. Purxuant to liac cartlraicl changes clause, 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. Tide of Contract, Pr.ojtic:t, or Program Regional Cuymnuttis:atiwNS system (RCS) Motorola Seivives cod Equipnuasl Effective Date: Dane firmed by the Courtly of SR111kg0 I2tpaaartptcrolt of Per,berolns mid Comb -meting, Description of Contract Clangs) nndlor Work To Be Done: •'.. Modify Set tion3, form orAgrecment and Completion of Work. 'Tie cottiracl expiration date is change to Da cct be 3 I , 2020. 2. Modify Section 6, Notices us follows: County: COUNTY OF SAN DIE00 Sue Willy, Mager Sheriff's Wireless Services Division 5595 OvarlandAv nue,Suite 10t Sun Diego, CA 92123 (S58)695 3953 :{taaan.wil Iy rrjasth Iteritl:urg Motorola: MOTOROLA S01.1 mONS, INC. Ken Nordholr, Senior Account Manager 11)680 Trecnu Siren, Suitc 200 San Diego, CA 92131 (858) 488 4441) k en.nordhuim u motoroiasuhtuuns.com 3. Due to atlmiuixlra3live conlrola, dump the conlraut i number from 550743 to 552544. All other rums and Conditions remain in effect. IN WITNESS WHEREOF, County and Corurabtor have executed this Amendment effactivc as of the date that sat Ibrth above. We, ttw undersigned Contrnetur, hnvu given oureNl wnsidurutiom w the ehnaagc proposed and hereby agree, if this proposed change is approved; thatwc will provide all equipment, !bridal.' ail tttaterita, except as may mhcrwise he notcai sham and prforrn ul I aacrvicm nvelmary, iixr iha work a<peeiried herein. Revised contract time for completion is December 31, 2920 . Travis tioaaticlier, MSSS%, Vice President gate; f` '.. 06/06,2015 v3 nX r t. A.i'rrll�}oNst °f r?' . THIS AMENTEVIE fT IS NOT VALID UNLESS SIGNED RV THE IFI::PART6M1T OF PURCHASING AND faparlancnf. Review and Recommended ndcd Approval: Ry: 0,.4 Susan M. Willy, Manger Wireless SrtMistota, Sheriff's Ucpartmcn Date _U / r 8—I 5--- APPROVED: N M. P1sLI.t=.Ct1NO, partmcntsjrPurchasing and Cnatiraetit(g Date: nli f CONTRACT is 550743 AMIiNE M1NITA4S 488 of 616 COUNTY OF SAN DIEGO — DEPARTMENT OF PURCHASING AND CONTRACTING CONTRACT NO. 54S289 UNILATERAL AMENDMENT NO. 47 To Motorola Solutions, Inc.: Pursuant to the contract changes clause, 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, ar Program: Regional Cosnmorticatious System (RCS) Motorola' Services and Equipment Effective bate: Dale signed by County of San Vega, Department of Purchasing and Contracting Description of Contract Change(s) andlar Work To Be Done: 1. Due to administrative internal controls, change the contract number from 548289 to 550743. All other Terms and Conditions remain in effect. IN WITNESS WHEREOF, the County has executed this Amendment effective es of the date first set forth above. APPROVE JOHN . PELLEGRWNO, Director Department pf Fur/hosing and Contracting Date: e!'5' p_unl_armend.doe a C0NTRACTWO.541289AMENDMiiNTNO,47 Rev. 11M12013v3 489 of 616 COUNTY OF SAN DIEGO — DEPARTMENT OF PURCHASING AND CONTRACTING CONTRACT NO. 544679 IJNILATERALAMENDMENT NO. 46 To: Motorola Solutions, Inc. Pursuant to the contract changes clause, you are directed to make the changes kiel.cfromi 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, 201.4 Motot'CtIa Services and Egaipsne tt Description of Contract Change(s) and/or Work To Be Done: I . Due to administrative internal controls, change the contract number from 544679 to 548289. All other Terms and Conditions remain In effect, IN WITNESS WHEREOF, the County has executed this Amendment effective asofthe date first set forth above. APP� By: M. PELLEGRINO, Direct Department of Purchasing and Contracting Date: /261/4 p uni_amend.doe CONTRACT NO, 544679 AMENDMENTNO. 46 Rev. 11Y412013 v3 490 of 616 COUNTY OF SAN DIEGO - DEPARTMENT OF PURCHASING AND CONTRACTING CONTRACT NO. 541947 UNILATERALAMENDMENT NO. 43 To: Motorola Solutions, Inc. pursuant to the contract changes clause, you are directed to make the changes described herein to the Contract or do the following described Wort( not included a in the previous agreed on Statement of Work. Title or Contract, Project, or Program: Regional Comm untc tior.s.Systeru ;!dC) Motorola Services and Equipment Effective Rate: May 02, 2013 Description of Contract Cbange(s) and/or Work TO Be Done: ,I. Due to administrative internal controls, change the contract number from 541947 to 544679. All,otlierTerros and Conditions remain in effect, il+t WITNESS WHEREOF, the County has executed this Amendment effective as of the date first set forth above. APP JOM. PELLEGRINO, Director Department ofPurchasi g and Contrasting Date: 42TT03 C0N'l'1tTit7 NO. 541947 AM FN1)MENT NO. 43 491 of 616 COUNTY OF SAN DIEGO - DEPARTMENT OF PURCHASING AND CONTRACTING CONTRACT NO. 43095 UNILATERAL AMENDMENT NO. 36 To Motorola, inc.: Pursuant to the contract changes clause, you are 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 (RCS) Motorola Services and Equipment Effective Date: July 9, 2012 Description of Contract Change(s) and/or Work To Be Done: 1. Due to new fiscal year and contractor name change to Motorola Solutions, Inc., change the contract number from 43095 to 541947. All ether Terms and Conditions remain in effect. 3A1 W1TNESS WHEREOF, the County has executed this Amendment effective as of the date first set forth above. APPROVED: By: ".[xE 'r'' �def W14STON 3r. MCCOLL, Department of Purchasing and Contracting Date: 0 2 _ J 1217106 CONTRACT NO. 43E95 AMENDMENT NO. 36 492 of 616 11 2p� 3 4 5 6 7. 8 9 10 11 12" 13 14 15 17 I 8. 19 20' 21 22 23 24 25 26, 27 28 29 b. PI Contract # 5I4: RI �.L AGREEMENT wmrA CO IL'NICATIONS MANUFACTURING i M TO PROVIDE A REGIONAL COMMUNICATIONS SY i'M TIC'S AGREEMENT made and entered into thiso4-1 asy of December, 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 92131. W I T N B S S E T H: WHEREAS, the COUNTY, by action ofBoard of Supervisors rtem 9 on December 13, 1994 authorized the Director ofPurchasing and Contracting, pursuant to Article X3C, Section 93.1 a ofthe Administrative Codes to award a contract to provide aRegional Commtlnicatians System (RCS) and by Item 2 on March. 7,1995 antho3.ized the RCS Board of Directors, on behalf of the COUNTY, to review and approve said contract. WHEREAS, the COUNTY desires such services to be. provided in accordance MOTORCLA's proposal dated S Thr 11, 1995 and as amended by M OROLA's letter dated December 29, 1995. WEEREAS MOTOROLA agrees to provide its services and equipment subject to the following additional conditions, and shall be considered the prime, contractor for the provision of services required by the COUNTY and WHYREAS, MOTOROL4is speafilly trained and pos'seis certain skills, experience, education and competency to perform special services; Volw ne I I of 9 12/29/95 493 of 616 32 33 34' 35 36 37 38 39 40 4I 42 43 44 46 4� 4,91 501 5] 52+; SECTION 2, WORK TO B i 1 i&rORM1 ij BY MOTOROLA 53 MOTOROLA. shall furnish, install, test and cut over a state-of-the-art 800 Ma public safety 54 trianked radio'communications d 571 delivery of portable and mobile radios as listed in this Agcbmefit. The COUNTY has the option 58 to review and modify user equipment quantities and models up to 90 days prior to actual or NOW Therefor, in consideration of the promises, and mutual covenants and agreements herein contained; the parties agree as follow: SECTION 1. DUTY OP MOTOROLA A. .MOTOROLA shall designate a representative who will be in charge ofthis Project: B. MOTOROLA shall designate a representative, if other than the representative designated in."A" above, who may sign in the name ofMOTOROLA, on letters, papers, and other documents re1at,i g to professional services to be performed hereunder. C The designation(s) required by "A" and 'BR above shall be sent to Contracting Officer's Technical Representative, (COTR) Mr. Ion Fullinwider, Director, Department of Information Services or his designee. D. MOTOROLA shall, in a good workmanlike and professional manner and at their own cost and expense, furnish all of the labor, technical, administrative, professional and other personal, all supplies and materials, equipment, printing, vehicles, transportation, office space and facilities, and all test, testing and analysis, calcdlations, 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 ofMOTOROLA by this Agreement. E. MO I OROLA aha11 function as a- p e contractor for perforinance of the services described iai Volume II Statement of Wort system as escnbed by the functional specifications set forth in 55 MO i OROLA.'s proposal, including all required support cquipnaent such as consoles as identified 545 and described in this Agreement and ivlrOToRo A's proposal. The system shall also include 59 scheduled delivery whichever is later. All equipment provided hereunder. shall be new. ITTC.+i,d Volume l 2 of 9 12/29/95 494 of 616 t t 61 62 63 64 651 66 67 68 69 70 71 72 73 MOTOROLA. agrees to do and perform the work described in MOTOROLA' s proposal dated September 11, 1995 as amended by MOTOROLA' s letter dated December 22 , 1995. The speck tasks to be performed by MOTOROLA are listed iri Volume II - Statement of Work and Specific Equipment Lists are described in Volume III which volumes are attached hereto and made a part l+er of SECTION 3. ' TneKLDF AOREEMDIT. AND COIAPLETIQ1S OP WORK All equipment to be delivered and services required by this Agreement shall be saefeactorily- I completed in accordance with the schedules set forth in Exhibit B. This Agreement shalt be in effect until 31 December 2010, and may thereafter be renewed upon written agreement of COUNTY and MOTOROLA. SECTION 4. WORK TO EE DONE BY COUNTY The COUNTY shall provide such information as required bythe Statement of Work and as are reasonably necessary for MOTOROLA to perform its services. 75 76 4.1 The COTR or a" designated representative, shall represent the COUNTY in all matters 77 pertaining to the services rendered under this Agreement. The COTR will appoint a Project 78 Manager to repent the.COT.R. in the day-to-dayoperations and development of the Projept. 79 801E 4.2 The et)CTN rr shall select anal acquire sites and peevide adequate access to the site to 811 allow dehiey and installation of all required inprovenients! 82 83 . 4.3 Notwithstanding anything to the contrary in this Agree/neat, the COUNTY shall only -.84furnish information or services described in this Agreement to the extent that any such 851 iafarmatan or service is reasonably required[ for MOTOROLA to perform its obligations under 861 this Agreement and is' requested by MOTOROLA. in writing. 87 88 Volume 13 of 9 12/29/95 495 of 616 • • • • 90. 91 92 93 94 95 96 97 98 99 100 101 102 104' 105 106� 107 1.081I 109 110 111 112 73 1 S i. 1141 115I 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 avaiable. 4.5 The COUNTY shall participate in all subsystem acceptance tests and shall adept the subsystems in accordance with their respective Acceptance Test Procedures which are incorporated herein. Upon acceptance of all subsystems, the RCS shall be deemed to be finally accepted. 4.6 The COUNTY shall acquire all permits and licenses necessary for the construction and operation of the sites. SECTION 5. PAYMENT The COUNTY shall pay MOTOROL, as frill compensation for its services on this Project, a total amount of $ 39,672,111.92. This amount is payment for'all items as set forth in the Statement of Work and as further deathbed in Exhibit B 'Milestone Payment Schedule & Terms." The above -amount occludes the items listed in Line Item 3 as options. Payment for each milestone shall be made in accordance with Exhibit B. MOTOROLA shall invoice for tasks assigned subsequent to the date of this Agreement either upon milestone completion or on the following basis: 1T&C.wpd Monthly percentage cci-iiplet invoices by task, ic'4 udi e}; a listing of tasks performed and associated costs, to include all subcontract costs anti oilier direct 2.. A copy of the monthly report required in Section 8 u.f this Agreement shall be attached to each monthly invoice, detailing tasks performed and percentage completion of each task. 3. The COUNTY is precluded from making payments prior to receipt of services (advance payments). The COUNTY will accept invoices for progress payments and if approved, will reimburse MOTOROLA up to 90% ofthe value of goodslservices Volume 14 of 9 12/29/95 496 of 616 1'- received. Invoice to be submitted hs• follows: 119 a. Qrigina€ invoices will -be submitted monthly, or at the cQmpleiion of each '120 I phase or task, or ai Contract completion to: 122. CO"' AUDITOR A?) COMIROLLMt, ROOM 306 123 1600 PACIFIC iGHWAY 124 SAN DIECO, CA 92101 ,125 126 b. 1271 128 129 c. 130 131 433 134 135 136 137 138 I39 140 .. 141 142 143 144 145' 146 A copy of the invoice shah be submitted to the COTR. The invoice must sperm item and deliverables for e,11. items described in the "Statement of ork." 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 later. 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 will havethe Ability to issue ?ask Orders (Itern 2 below) requiring additional ,work within the .scope of the- contract Services nr exercising options, as set forth below. Task Orders, up -to v aic.v of $4,500,000 (tore) /712'y be issued by the f:O ge flash Task Order shell, 1. ' Be sequentially numbered 'tor identification purposes. 2. Contain 'a desoriptioi,i of the cork 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. Shah be signed by both MOTOROLA and .COTR as well as the Contracting Ofhcer to 1 indicate acceptance. r 1T&c ,a Volume 15 of 9 12/29/95 497 of 616 11. D. .. 148� 1491 1501 1511 1521 153 154'. 155/ 156 157 158 159 160 -el 1621 163 164 165 16611 167 168 169 170 171 172f� 173! 174I 1751 PRICES: Iternl: Provision ofRegioriai Comrununicatioi s Systems and Associated Services: $3 9,672,111.92, Item2: Task orders (To be written subsequent to contract): S4,500,000_ Itera3: As a part of this Agreement, COUNTY and MOTOROLA agree.to the following optional pricing arrangements. 1. Additional equipment for the backbone, includii g RNG, RNC, etc. may be added to the deliverable items. Such equipment shall be ordered by the COUNTY through the TASK ORDER provision (fine item 2) at the prices set forth in the Master Equipment List (Volume IUj, provided that the option to purchase at the stated prices must be exercised no later than final system acceptance. 2. COUNTY .rnay, through the TASK ORDER provision cited in line item 2, purchase Mobile Data equipment, additional portable equipment, spare parts and such other items as are listed in Volume III ofthis Agreement. SECTION 6. NOTICES Any notice or notices required or permitted to be given pursuant to this Agreement maybe delivered to the following addresses: .COUNTS': COUNTY OF SAN DIEGO ATTENTION: Mr. Ton Pullir;wider Department ofInformation Sennices 1600 Pacific Highway San Diego, California 92101 MOTOROLA: MOTOROLA, Inc. ATFENT10 is Mr. C. Jackson, Vice President, System Integration Land Mobile Products Sector 9980 Carroll Canyon Rd. San Diego, CA 92131-1186 1T&C.,wpd VolumeI 6 of 9 12/29/95 498 of 616 i. 1 All notices required under this Agreement shall be in writing and shall be delivered either by co 177 personal delivery, (ii) expedited messenger service or (iii) postage prepaid, return receipt 178 guested certified niait, addressed to the party set forth above. A notice: will not be effective 179 until the addressee receives it, or on the date that it is recorded as being refused for receipt by the 180 intended recipient. Either party may change the individual and/or the address lei puiposes of this onby written ' 181 ..SeGtl tnc3nrr6nno to the other party of such change. 182 183 SECTION' 7. OTHER APPLICABLE AG-REMONTS/ORDER OF PRECEDENCE 184" The following documents shall constitute the Agreement between MOTOROLA and the 185 COUNTY, all identified documents are hereby incorporated by reference and made a. part hereof 186 _ as if fully set forth herein. 187 1. This Agreement and all duly executed amendments to this Agreement,' with the latest 188 amendment taking precedence over earlier amendments. 189 ' 2, General Terms and Conditions .'0 3. Special Terms and Conditions 191 4.. The Exhibits and all duly executed amendments to said Exhibits 192 5. MOTOROLA's proposal, dated September.11, 1995 and as -amended by MOTOROLA's 193 letter dated 'December 29,1995, 1941 In the event of any inebriate oy or conflict between portions of this Agreement or the 195 referenced documents; precedence shall be given in the following order. I9G . 1., The legememet and ail net, exemted amendmentsto this Agreement, leith the le t 197 , amendment talcing precedence over earlier amendments. 198 2.. Generai Terms and Conditions ' 199 3. Special Tenni and Conditions 200 i 4. The Exhibits and all duly executed amendments to said Exleits \ 20111 5. MOTOROLA's proposal, dated September 11, 1995 and as amended byMOTORCLA's 202 fetter dated December 29, 1995. 203 204 11 .a•T&awpa Volume l 7 of 9 12/29/95 499 of 616 SECTION 8. REPORTS 206 . MOTOROLA shall provide monthly reports to the CO-TR. These reports shall include, as a 207 , minimum: 208 209 210 211 212 213 214 215 216 217 218 220 2211 222 223 224 225 226 227! 1. A surnrarr of tasks performed durng the reporting period, including tasks initiated, tasks completed and percentage of completion of tasks currently in progieys. 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 void impact on costs, schedule or performance, 6. Summary of Financial Reports, as provided for in Special Terms & Conditions Paragraph entitled "Project/Contract Financial Reporting" SECTION 9. ENTIREAA, a 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, understood and ;.Free to all the Terms & Conditions of this Agreement. 1T&C.wpd (balance of this page intentionally left blank) Volume 18 of 9 I2/29/95 500 of 616 251 252 253 254 255 156 229# 230 231 232 SIGNATURE PAGE corrrI cr # -9. o 233 COUNTY OF SAN DTEGO MCT BOLA. XNC 234 235 236 237 238 39 240 t' 241 Date: t. s � 244' 245 246 247 249 Dennis Van Der Maaten, Chairman AT .C. SIMONSEN Contras Division Manager Napier, Director Purchasing and Contracting EY E 1YED/APBRPVED 250 f 'Board of Directors Regional Communications System Date: //'-.1 F 9 1T&C.wpd Volume 19 of 9 �:►r By: t.{, Name: Stephen E. Shanck • Title: Vice Pres1dent. Date: I2 12 q 4 .ate/A- t2 ?s'" Fr 12/29/95 501 of 616 ff 4- 258 259 260 2} 61 262 263. 264 265 266 267 268 269 270 271 272 273 274 275 276 -'7 GENERAL TERMS di CONDITIONS OF AGREEMENT 1. »SONS "COUNTY" shall mean the County of San Diego, California. . "MOTOROLA" shall mean MOTOROLA, Inc. whose proposal has been accepted by the CCt and who has entered into this agreement with the COUNTY to provide the equipment and services described herein. 2. AFFERMAj1VE A ON MOTOROLA shall comply with the Affirmative Action Program for Vendors as set 'forth in Article Iffic (commencing at Section 34) cf the San Diego County Administrative code, which program is incorporated herein by reference. A copy of this Affirmative Action Program will be famished upon request by the County of San Diego Contract compliance Office, 1 600 Pacific Highway, Rooni 208, San Diego, CA 92101. The. County of San Diego, as a matter of policy, encourages the participation email, minority, and women owned businesses. 279 9 3. AL3SXGNME T OF RIGHTS, TITLE AND INTEREST 280• 281 MOTOROLA agrees that it will assign to the purchasing body (COYTN'I'Y) 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 (comme ncng with Section 16700) of Part 2 o- 284 Division 7 of the'Bupiness and.Profeasions Code), witting from purchases of goods, materials, cr- 2851 services by MOTOROLA for sale to the COUNTY pursuare to the contract. Such assignment 286! [ shall be made and become effective at the time the COUNTY tenders final payment to /8 1 ii MOTOROLA. 28811 289 4. CAL OSHA. 290 291 A. appii abic, all it a furnished ender this Agreement shall meet or exceed the standards 292 established by the California Occupational Safety and health Act of I973 and cuxr'e,l. 29311 amendments thereto, provided the end use of the item is for the purpose for which the item is 294 ; intended. 295 296 5. DELIVERY 297 298 Ail delivery shall be FOB at the County, unless staging or other pre -installation is mutually 4 , agreed upon. Time is cf the essence. The acceptance by the COUNTY of late performance with IT&C.wpd Volume I G - i 12/29/95 502 of 616 or without objection or reservation shall not waive the night to claim damage for such breach nor '301 constitute a waiver of the requirements for the timely performance of any obligation remaining to 302be performed by the MOTOROLA 3 03 304 " 6. REVIEWAPPROVALOWECTION 305 306 ;A.11 items and deliverables are subject to foral inspection, review/approval and acceptance by the 307 COUNTY at the COUNTY's (Zees. Such final inspection. review/approval and acceptance or 308 rejection shall be made within 15 days after delivery or as otherwise mutually agreed upon. 309 310 7. 'rERMJI'TA'1 [QN FOR DEFAULT 311, 312The COUNTY may, by written notice of default to MOTOROLA terminate any of this 313 Agreement in whole or in part should MOTOROLA fad to make satisfactory progress, .fad to 314 deliver in conformance to specil rstion's and the requirements set forth therein. COUNTY shall 315 give MOTOROLA written notice of such default ("Cure Notice") and MOTOROLA shall have 316ten (10) working days to provide a plan of action to cure said default. In the event that either a) 317 the plan is deemed unacceptable by the COUNTY or b) MOTOROLA fails to cure such default, 318 then the contract shall be terminated for default. In the event of such termination, the COUNTY 319 reserves the right to purchase or obtain the supplies or services elsewhere, and MOTOROLA 320 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 ....A repurchase price. COUNTY agrees that in the event of a partial or complete termination 323. .hereunder, the replacement System shall not have a 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 If after notice of termination ofthii cant -maunder the provisions of this clause, it is 328 determined for any reason that MOTOROLA was not in d efauit under the provisions'of 329111this clause, the rights And, obr, ons of the palling shells be the same as if the notice of .3I30'1 termination had beeeL issuceci pursuant to the Termination for Convenience clause herein.` 331 I 3321 7.2. The rights and remedies of the COUNTY provided in this article 41141 not be exclusive and 33 3334 ` are in addition to any other rights and remedies provided by law or under resulting order. 335 S. TERMINATION FOR COIVEi'3ENClE 336 337 The COUNTY may, by wrtten notice stating the extent and effective date, terminate this 338 Agreement for convenience in whole or in part, at any time The COUNTY shall pay 339 MOTOROLA as full compensation far performance until such termination: 340" 3411 8.1 The unit or pro rata price for the delivered and accepted portion. '2 IT&C.wpd Toluene I G a 2 12/29/95 503 of 616 eee 344 34511 346 347, 348 349 350 351f 352 353 354 355. 356 357 358 359 360 361, 362 163,, 1 J05 366 367 368 369 370 371 11 372 s 73 374Ij 375 I 376 377 378 379[ 380' 381 3 82 383 384 -..5 8,2. A reasonable amount, as costs oftermination, 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 shah in no event exceed the total price. 8.3 In no event shall the COUNTY be iiable for any loss of profits on this Agreement or portion thereof so terminated. The rights and remedies ofthe COUrNTYprovided intim article shall not be exclusive and are in addition to any other rights and remedies provided by law or under resulting order, 9. TITLE Title to the material and supplies purchased shall pass directly from MOTOROLA to the COUNTY upon delivery, subject to the right of COUNTY to reject.upon inspection. MOTOROLA shall retain risk ofloss for all equipment until acceptanoe.at the COUNTY's designated facility or site; title for all equipment delivered hereunder shall pass to the County at the point and tine 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 license agreement set fortiz.here n 10. VARIATIONS DT SPELD CATIONS The COUNTY reserves the right to waive a variation in specification if in the opinion ofthe COUNTY, such variation does not materially change the item or its performance within parameters acceptable to the COUNTY. 11.. HAZARDOUS F1.7BSTANCES I.1 If the product being supplied containsany mate.:ati e,'h ch is listed on California CSITA Director's list as hazardous; MOTOROLA shaft forward „ material safety data sheet (MSDA) (OSHA Form 201 referencing the purchase order number, to San Diego County, Department ofHealth Services, Attn: Chic Occupational & Radiological Health, PO Box 85261, San Diego, CA 92138-5261. All shipments are to have proper labeling requirements. 11.2 IN ACCORDANCE WITH COUNTY BOARD OF SDI RVISORS POLICY B-64, MOTOROLA SHALL NOT PROVIDE OR DELIVKll. ANY PRODUCTS MANUFACTURED USING FULLYHALOGENAc'+ ; CHLOROFLUOROCARBONS (CPC), UNLESS SPECIFICALLY AUTHOR/ZED BY VIE COUNTY DIRECTOR, -PURCHASING AND CONTRACTING. rritC.wpd Volume f G - 3 12/29/95 504of616 I1 Jul i 12. PROMOTED C sj RAC."T 387 3 88 Section 67 of the San Diego Court Administrative Code provides that the COUNTY shall not 389 contract with and shall reject any bid or proposal submitted by the person or entities gpecified 390 below, unless the Board of Supervisors Ends that special chwums-iances exist which justify the 391• . approval of such contract: 3921 393 12.1 Persons employed by the COUNTY or of public agencies for which the Board of 394 Supervisors is the governing body; 395. 396 12.2 Profit -snaking firms or businesses in which employees described in sub -section (a) of code 397 serve as officers, principals, partners, or major shareholders; 398 399 J 12.3 Persons who, within the immediately preceding•tweivc (12) months came within the 400 provisions ofthe 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 firms or businesses in which the former employees described in sub -section 405 12.3 above serve as officers, principals, partners, .or major shareholders. 406 ' ' With the of a signature affixing . to this Contract,Ivl'OT01i.OLA. certifies that the above provisions 4v$, ofthe Code have been complied with, and.that any exception will cause any ensuing contract to 409 -be invalid. 410 411 13. PUBLIC AGENCY 412 413 It is i, tended that any other public agency (ie., city, district, public authority, public agency, 414 a municipality and other political sub -division or public corporation of California) located bi San 415j I Diego and Imperial Counties shall have the option to participate in any award made as a resa t of 416! 1 this solution at;xhe same prices and FOB destination, Teams & Conditions. The County shall d1711 incur no financial responsibility in connection with purchase orders issued by another public 41811 agency, The pub/id agency shall accept sole responsibility for placing order or payments to 419 1vMOTOROLA. State whether said option is granted. 420 421. YES [1 NO [ 4222 423; 14. AVAILAB1Lrra7 CIF FUND NNG 424 425 This contract is project funded. Fiscal funds are not included in -this 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 1T&Compd Volume ! G - 4 12/29195 505 of 616 ��. on the part of the COUNTY shall arise for payment beyond rune 30 of the calendar year unless 430 funds are made available for such performance. 431 432 15. FLAMMABILITY & Toxierr r 433 434 Materials furnished under this Agreement must meet or exceed msni um California State Fire 435. Marshal's standard for flammability and todcity for institutional fabrics. MOTOROLA shall 435 provide evidence of California Marshal's test results and approval number 437 438 16. CONTRACT ADIKKCSTRATION 439 440 , The Director ofPurchasing and Contracting is the designated Contracting Officer and is the only 441 COUNTY official authorized to make any changes to this agreement. 442: .443' . The COUNTY has designated the following individual as the Contracting Officer's Technical 444 Representative (COTR): 445 4461 Department Information Services- Ms. Jon Fuilinwider or his designee. 447 448 449 452 453 454 455. 4.56' 457 458 459, The COTR. and tr r County Personnel, as appropriate, oval! meet periodic-a.Iy with 460 MOTOROLA. to review ttte contract performance. At these meetings the COTR will 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 ofthe contract. Appropriate action shall be 465 taken to resolve outstaieding.issues. 466 467 A sump aftt ese meetings which shall include, but not be limited to, key issues, action items, 468 items agreed to and problems requiring resolution will be reduce dto writing b, MOTOROLA 4691 and signed by the COTR and MOTOROLA. Should the COUNTY not concur with meeting 470 sumrmary, the COUNTY will set out in writing any areas of disagreement. Appropriate action will be taken to resolve any areas of disagreement The COTR will chair MOTOROLA progress'meetings and will coordinate the COUNTY's contract administrative functions. The COTR is designated to receive and approve MOTOROLA invoices for pnynient, audit and inspect records, inspect MOTOROLA's services, and provide other technical guidance as reguii ed. The COTR. is j 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. 1 �. +CO y%GC^itESS I TINGS (with amulificatinn in Section I_ Reports of the AeTeemenq 1T&C.wpd l Volume I G - S 12/29195 506 of 616 q 473 4. 4 475 476 477 . 478' 479 480 481. 482 483 484 485 486 487 488 489 490 491 492 1 4, 495 496 497 498 4991 5011 501i 50 19. (...' 'A,NG S 50311 eve Tim Contracting Officer .may at any time, by written order, make nharptes Within the genera! . 505 scope of this comet, in the definition of services to be performed, and the time (ie., hours of 506 the day, days of the week , etc.) and place of perfonnance thereof. 11 any such change causes an 507 increase or decrease in the cost o or the time rethe � :red forperformance of any paw of the 508 work under this contract, whether changed or not garaged by any such order, an equitable 509 adjustment shall -be mace in the contact pr.lce of delivery schedule, or both, and the contract 510 shall be modified in writing accordingly; Any claim by MOTOROLA. for adjustment under this 511 clause must be asserted within 30 days from the date of receipt 6y MOTOROLA of the 512 notifications of change, provided however, that the Contracting Officer, if Contracting Officer 513 decides that the facts justify such action, may receive and act upon any such claim asserted at any 14 time prior to final payment under this contract. Where the cost of property made obsolete or • 18. INSPECTION OF S1 Yxc ;' MOTOROLA's services shall be performed with a. high degree of care and diligence, and where required, in accordance with the highest standards exercised by engi;nee s perfo,rg„ t services in the San Diego, California area, and as expeditiously as is consistent with such siandards of sia'i1 and care and the orderly progress of the Work 18.1 All performance (which includes services, materials, supplies and equipment furnished or utilized in the performance -of this contract, and worignariship 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 to permit the inspeetorto determine MOTOROLA's conformity with these specifications and the adequacy of the services being contractually provided. All inspention by the COUNTY shall be made in such a manner as not to unduly interfere with MOTOROLA's performance, 18.2 If any services performed hereunder are not in conformity with he 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 right to ([) require MOTOROLt! immediately to take all necessary steps.to ensure future performance ofthe services in conformity with requirements ofthe contact, and (2) reduce the contract price to reflect the reduced value of the Services performed. In the event MOTOROLA fails 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 COI, WTY shall have fire rigto terminate`ohs c.7uasit for default as provided in the Termination for Default Caine herein. 1T&C.wpa Volume I G - d I2 4!95 507 of 616 excess as a result of a change is included in MOTOROLA's claim for adjustment, the 51611 Contracting Officer ellen have the right to prescribe the mannet of disposition of such property. 5171 When the estimated cost of the change is less than $25,000, nothing in this clause shall excuse 518. MOTOROLA from proceeding with the contract as changed. In the event that the estimated cost 519 of the change order exceeds S25,000, 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. INDEPENDENT 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 small in no event, as a result of this contract, be entitled to any benefits to which 527 . COUNTY employees are entitled, including but not limited to overtime, any retirement benefits, 528, worker's compensation benefits, and injury leave or other leave benefits_ 529 530 21. A;SSIGi+IARII, 531' TY 532 i MOTOROXA shall not assign any interest in this contract, and shall not'transfer any interest in 533 the same (whether by assignment or novation}, without the prior written consent of the 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 assignee withont such approval. '5 Notice of any such assignment or transfer shall be furnished promptly to the COUNTY. 1 538 -22. SUBCONTRACT FOR 'WORK Olt SERVICES 539 540 No contract shall be made by MOTOROI.A with any party for furnishing any of the work or 541 services herein contained without the prior written approval of the COTR excepting those 5421 l suppliers/subcontractors identified in MOTOR OLA's proposal; but this provision shall not 543 d require the approval of contracts of employment between MOTOROLA. and personnel assigned 544 for services ther, ader, or for parties named in proposal and agreed to any resulting contra 545e' ' 5461R 1 MOTOROLA is further reminded that it is the COUNTY's policy to encourage the partial); 547 I of minority business enterprises. This includes: ensuring that, if available, minority l zrms are 548 solicited, where feasible dividing the requirement into smaller units for the purpose of greater e. 549 minority participation, and establishing delivery and payment schedules which will faeilitete 550 participation by minority businesses. . 551 552 23. KOLD HARIVMESS 553 554 MOTOROLA agrees to fully indemnifi„ defend and save haimleis the COUNTY, its officers 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 deaf , made by anyone whomsoever, "S7 which may arise from operations carried out under this contract to the extent such claims are tT&C,+il,d Yvitrme I G - 7 12,29195 508 of 616 .�n 559 560 561', 562 563 564 565 566 567 568 569 570 571 572 573 574 575 576 577 c78 caused by MOTOROLA's sole negligence, or misconduct. MOTOROLA shall not he responsible for and the COUNTY shad defend, indemnify and hold MOTOROLA, its officers and employ= hamrless from any and all claims of whatsoever kind or nature for the damage to property or for personal injury, including death, made by a. nyaae whomsoever, which may arise from operation; carried out under this contract to the extent such rtairn5 are caused by the COUNTY's sole negligence or misconduct. With respect to any and all claims ofwhzatsoever kind or nature for damage to property or for percon4l jury, 4Y-shading C?eeath, made by anyone whomsoever, which may arise frcm the joint or concurrent negligence of MOTOROLA and COUNTY, each party shall assume responsibility in proportion to the degree:ofits respective fault. IN NO EVENT SHALL MOTOROLA OR COUNTY BE LTaADL L FOR lNCJDENT'AL OR CONSEQUENT7AL DAMAGES OF ANY NATURE. 24. ThrrzI EST of CONTRACTOR MOTOROLA covenants that it presently has 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, no person having any such interest shall be employed or retained by it under this contract. 25. CO$DUCT OF CONTRACTOR 581 .25.1 IvMOTOROLA agrees to inform, the COUNTY of all MOTOROLA's interests, if any, which 582 are or which MOTOROLA. believes,to be incompatii3e with any interests of the COUNTY. 5831 5841 25.2 MOTOROLA shall not, under lroumstances which aright reasonably be interpreted as an 585� attempt to influence therecipient in the conduct of their duties, accept any gratuity or 586i special favor from individuals or organizations with whom MOTOROLA is doing business - 5874 i or proposing to do business; in accomplishing the work under the co tract 5811 589 I 251 MOTOROLA shah not use for personal gain. or make other improper use of privileged 590 inf.ormation•which is acquired in connection with its employment In this cOr n ction, the 591 term "privileged information" includes, but is not limited to, unpublished information 592 relating to to hnolog aL and scientific development; medical, personnel, or security records - 593 of individuals; anticipated materials requirements or pricing actions; and imovirledge of 594 selections ofMOTOROLA or subcontractor in advance of official announcement. 595 596 r xeCwpa Volume G - 8 12129195 509 of 616 I s_ 598 599 600 601 602 603 604 605 606 607 608 609 610 611 612 613 -614 615 616 es 7 J 25,4 MOTOROLA or employees thereof shall not offer gam, gratuity, favors, entertainment directly or indirectly to COUNTY employees. 26. GOVERNING LAW This contract shall be construed and interpreted according to the laws of the State of California. 27. AIIDIT AND DISPECTION OF RECORDS 27.1 General. The COUNTY shall have the audit and inspection rights described in his 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 COUNTY or its agent shall have the right to examine the boob;, records, documents and other data ofMOTOROI.A related to the negotiation pricing or performance of such contract, change or modification, for the purpose of evaluating the accuracy, completeness and currency of the'pricing data submitted. 3' 27:3 Availability. The materials described Above shall be made available at the office of e _I MOTOROLA, at all reasonable times, for inspection, audit or reproductions, until the 620 expiration of three years from the date offing payment under this contract, or by (1) and 621 (2) below: 622 623 27.3.1 If this contra, t is completely or partially terminated, the records relating to the 04 work terminated shall be made available for a period o€three.vears kOill the 625 j date of any resulting final seitledaeni. 626 I 6271 ! 27.1.1 Reenrde which relate to appeals, l tiga:ticn or the settlement of eleir s arising 628 1 out of the per a mance of this contract, shall be made able until such 629 appeals, litigation, or claims have been disposed o4 or three years after 630 ' contract completion, whichever is longer. 631 632 27.4 MOTOROLA shall inset a elapse containing all the provisions of this entire clause in all 633' subcontracts hereunder except altered as necessary for proper idareification of tine 634 contracting parties Pad the Contracting Officer under the COUNTY's prime Contract. 635: I 1T&C.,pd Volume I G - 12l29/95 510 of 616 I t, J 28. PATENT AND'COP 6371 4�T11 T �l7�rlre.e�I�l 1 638 MOTOROLA shall report to theContracting Officer, promptly and in reasonable written detail, 639 each notice or claim ofpatent or copyright infii gement based on the performance of this 640 co::trwct.of which MOTOROLA. has i at) wledge. 641 642. 29. FUNCTIONAL REOUWEMENTS 643 644' Uniess MOTOROLA expressly states otherwise herein, where functional requirements are 645 expressly- stated as part of the requirements of this Agreement ,Volume II, Para:1.0, 6461 MOTOROLA: warrants that in its opinion the system is capable of meeting those requirements. 647 In the event of any inconsistency between the functional specifications and the detailed 648 specifications contained in this Agreement, the former will control. 649' 650 30. INSURANCE 651 652 Before commencement ofthe work MOTOROLA shall submit Certificates of Insurance 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 specified: 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 66230,3 Automobile Liability Insurance covering owned, non -owned and hired automobiles in an 66314 Faount not less than $1,000,000 combined single ±inut, 6641 6651E 30.4 'The policies (except for Workers' Compensation) aball name the County of San Diego ?..,is 6661 additional inssrTd, ' 667 1 668 I 30.5 Each policy of insurance shall contain the following :se: 669 670 "It is agreed that these policies shall not be canceled nor the coverage reduced until 6�1 thirty.(30) days alter the COTR shall have received written notice of such cancellation 672 or reduction. The notice shall be deemed effective the date ddl. veacd to said COTR, as 673 evidenced by property validated return receipt.' -Ea-2ath policy of insurance shall name 674 the County of San Diego as the additional insured party. 675 — 676 3 0.6 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 `v8 I' sufficient in coverage, form and au:ount to provide adequate protection against the kind :T&Gwpd Volume T G _ 10 12/29195 511 of 616 680 681 682 683 684 685' 686 687 688 689 690 691 692 693 694• 695 696 697 698 699 0 1 703 706 and extent °frisk 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 Cuter 9 ofDivision 3 of the Business and Professions Code concerning the ;ic, rsing 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. 14 1[TSjNoTICES, FEES AND JAWS MOTOROLA shah, at MOTOROLA°,s expense, obtain all necessary business permits and licenses, give all necessary notices, pay all fees required by law, and comply with all laws„ ordinances, rules and regulations relating to rvark and to the preservation of the public health said safety. 33. MR, WATER POLLUTION CON' ROL, SAIDTTY AND RE MOTOROLA shall comply with all air pollution control, water pollution, Safety and Health Ordinances and statutes which apply to the work performed pursuanrt.to this contract, including any requirements specified in state government codes. 702 34. PERSONNL ASSIGNMENT AND ��IT 704 34.1 Resumes of key individuals who will be assigned to the project will be furnished. All such 705 personnel will be assigned to the project. 707 342 Aproject manager will be assigned, (ifmore than one individual is assigned) as the 70$ individual responsible for the overall performance of any resulting contract and be , `fuel' directly responsible for responding to the OO'R st all Imes during the term o f this 710 contract. 711 712. 34.3 No replacement of personnel will be allowed without full resume submittal, justification 71.3 therefor and approval by the COTR. 714 715 35. RIGHT TO ACQUIRE EQUIPMENT AND SERVICES 716 717 Nothing in this agreement shall prohibit the COUNTY from acquiring the same type or 718 equivalent equipment and/or service from other sources, when ddemed by the COUNTY to be in 719 its best, interest. 720 iT�:C.wpo Volume ,i G W 11 12/29/95 512 of 616 36. SEVEItABILITY 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 parties, 727 728 37. F13gDINGS CONEODENTIAL 729 73 D: .Any reports, information, data, etc., gi en to or prepared or assembled by MOTOROLA under 731 this Agreement which the COUNTY requests to be kept as confidential shall not be made - 732 avaslahle to any individual or or6wization by MOTOROLA without the prior 'written approval of 733 the.COUNTY. 734 735 38. YUELICATIONi I RODUCTION,AND USE or l ATERTA T. 736 737 No material produced, in Whole or in part, under this Agreement shall be subject to copyright in 73 8' the United States Orin any other country. The COUNTY 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 materials prepared under 741 this Agreement shall be property of the COUNTY upon completion of this Agreement. 742 ff 39. T.,INZTATION Cl1l' FUJ. RE OQNTRACrS 745 39.1 It is agreed by the parties to the contract that A+IOTOROLA. wfil be -restricted in their future 746 contracting with the COUNTY to the mannerdescribed below. Except as specifically, 747 provided in this clause, MOTOROLA shall be free to compete for business on an equal 748 .basis with other companies. 74911 750 3 9.2 If MOTOROLA under the terms of the contract, or through the perfonnance of tub 351 pursuant to :his contract, is required to develop specifications or statements of work and 752 I such specifications or statments of work are to be incorporated into a solicitation, 753 I MOTOROLA shall be ineligible to perform the work described within -that soli tion. es a 7 54" prime or subcontractor under run ensuing COUNTY contract. It is fortherr agreed 755 however, that the COUNTY will not, as additional work or by change, unilaterally requite 756 MOTOROLA to prepare such sperms -.-bons or statements of work under this contract. 757 758 39.3 To the extent that the work tinder this bo tract requires access to proprietary, business 759 confidential .or financier data of other companies, and az long as such dam 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 Auclzrcompanies. f 62 763 Volume l G -12 12/29/95 513 of 616 11 40. DRUG & ALCOHOL FREE WORKPLACE 76511 766 The County of San Diego, in recognition of individual nights to war* in a safe; healthful and 767 ' productive work place, has adopted a requirement for a drg 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 shah assist in meeting this 770 requirement. 7711 772 . 40.1 As a material condition of this agreement, MOTOROLA agrees that MOTOROLA and 773 MOTOROLA's employees, while performing service on the COUNTY property, or while 774 using COUNTY equipment: 775 776 4OE1.1 Shall not be in any way impaired because of being under the influence of 777 , alcohol or a drug. 778 779 40.1.2 Shall not possess an open container of alcohol or consume alcohol or possess 780 or be under the influence of an illegal drug. 781 782 40,1,3 Shall not sell, offer, or provide alcohol or a drag to anther person. 783 784, The above sub -paragraph shall not be applicable to a MOTOROLA. employee who, as part of the performance of normal job duties and responsn'!Jities prescribes or administers medically prescribed drugs. 787 788 40.2 MOTOROLA shall infalM, all employees that are performing service for the COUNTY on 789 COUNTY property or using COUNTY equipment, ofthe COUNTY objective of a safe; 7901 healthful and productive work place and the prohibition of drug or alcohol use or 79111 impairment from sa nle while performing such service for the COSY. 7921 .7931i40.3 The County may Tate for Dw- ' : or Brew this Agreement and gr other 794E Agreement MOTOROLA has with the COUNTY, if MOTOROLA, or MOTOROr .A s 7951 employees are determined by the Contracting Officer not to be in compliance with the 796. conditions listed herein. 797 , 798 41- SEXUAL HARASS ' 799 P — 800 To haplenient COUNTY policy to provide a worm environment free of sexual harassment, 801 MOTOROLA shall comply with Board Supervisors' Policy C-22, "Sexual Harassment Policy," 801 and with all applicable State and federal laws pertaining to sexual harassment or discrimination. i Volume I G --.13 12129/95 514of616 804 805 806 807 808 809 810 811 812 813 814 815 81 817 818 819 820 821 822 x23 4' SPECIAL IrrJ5R114.5r & CONDITIONS OF AGREEMENT I. PE12FORMANCq BONDS MOTOROLA will provide to the COUNTY a Performance Bond in a sure equal to twenty-five (25°1) percent and a Payment Bond in a sum equal to ten (10%) percent of the contract with surety satisfactory to the COUNTY, within ten (10) working days after notice is received from the COUNTY that the contract has been awarded. The cost of providing the bond shall be , considered as included in the price and no additional compensation will be allowed therefor. I MOTOROLA fails to provide the bonds within the time specified, the COUNTY inay, at its option, determine that MOTOROLA is hi default and terminate the contract in accordance with the causes of the contradt entitled "Terinination for Default" and "Termination for Convenience." 2. LIOUIDA.TEA DAMAGTS Time is of the essence in the performance of this Agreement, and it is agreed by MOTOROLA and the COUNTY that if this Agreement is not fully and completely performed within the terms ofthe Agreement, as described in the Project Implementation Plan, and such failure is dueto circumstances which are solely within. MOTOROLA'a control, and. the CQUNTY bas tin,ely performed its obligations under the Agreement, damage will thereby be austiaihed by the ..�+ COUNTY: Since it is and will be impractical and extremely difficult to determine the actual- 826 damage which the CQUNTY 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 4000.00 per day for Backbone System Acceptance Test Plan. (AT?) 830 I completion; and $1,700_00 per day for the completion of the Console ATP P for day in 831 I excess of the allotted schedule prescibed in the Project Implementation Plan, up to 832 mum amount of $424,000.00 for the moire RCS project- . 833 8341 b) MOTOROLA will be given a thirty (30) day grace period -om the due date specified in the 835 Project Implementation Plan before liquidated damages will be effective. If MOTOROLA 836 ' has not completed the applicable milestone within the thirty (30) grace day period, then e 837 liquidated damages shell be effective retroactive to the first day following the specified 838 ' completion date. 839 840 c) ')'aquxdated damages accrued during the performance ofthe Agreement will be waived by 84I the COUNTY if MOTOROLA meets the scheduled delivery, date for RCS System 842 Acceptance. 843 844 I Ifthis Agreernient is not fully and completely performed within tie time set forth in the Project -'i5 I Implementation Plan, the COUNTY's Contacting Officer shall have the right to increase the 1T&.C.wpd Volwne I S -1 12/29195 515 of 616 time for such performance and to waive the"above damages_ Nothing in this Section shall be 847 I construed as giving MOTOROLA a right to extra time for performance. 848 849 If MOTOROLA is delayed by reason of changes or twee 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 extension of ally claim for liquidated 8531 damages. 85rl i 855 This section may be invoked or waived at the sole option of the COUNTY The COiJN'TY must 856 notify MOTOROLA by certified :mail in accordance with Section 6. NOfl S of its intent to 857 levy or waive 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 sb-a11 not be terminated nor MOTOROLA be charged with 862 resulting damage if 863 864 865 R66 7 869 8701 871 2. i The delay in the completion of the work arises from unforeseeable causes beyond the control and 'without the fault or negligence of MOTOROLA, including but not restricted tb acts of the public enemy, acts of the C OTJNTY in either its sovereign or contracting capacity, acts of another contractor in the COUNTY, fires; floods, epidemics, quarantine restrictions, strfices, freight embargoes, unusually severe weather, or delays of subcontrac. tors or suppliers arising from unforeseeable causes beyond the control and without the fault or negligence of both MOTOROLA and such subcontractors or suppliers, and; 872, 2.2 MOTOROLA, within 10 days from the beginning of any such delay (unless the Contracting 873 Officer grants a firmer period oftime before the date offinai payment tinder the contract) 874f notifies the Contracting Officer itiwritirg of the causes of delay in (2.1) above 876.1 The Co ding Officer shall ascertain the facts and tte extent oftire delay and extend the time 877 for completing the work when, in his judgement, the findings of fact justify such an extension, 878 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, iNVOxCES 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 IT&C.wpd Volume ; 5.2 12/29/95 516 of 616 890 891 892 893. 894 895 896 897 098' 899 900 901 902 903 .904 905 906 • 907 908 en9 912 913 914 915 916 917 1 91811 i� 919' 92' 921 922 applicable to a blanket purchase order) and any data eelaiive to the shipment. Original invoice shall be mailed to COUNTY Auditor and Controller, Room 306, 1600 Pacific L[ighway, San Diego, California, 92101. Discounts will be calculated from receipt of merchandise or invoice, whichever is later. 4. SOFTWARE LT(`ZF NSE MOTOROLA hereby grants to the COUNTY a nonexclusive and fully paid -up perpetual, software license, to use the 800 MHz system software as defined in the Agreement and described in this Agreement and related documentation, including a copy ofthe License which is included as Exhibit D. 5. SOURcE CODE 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 ability to support the software, MOTOROLA - proposes the following: "In 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 (ii) the COUNTY is, and remains, not in breach of the Agreement or other ' applicable license agreement; then at the COUNTY's request, MOTOROLA will; at MOTOROLA's option, either recontinue support for such software item arrange for support by an entity that has access to the source code and related documentation with ail 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 COL1NTY a liters; under separate tents and conditions, to use MOTOROLA-owned Source code corresponding to such software for the .COUNTY a internal use by the COUNTY's employees and the COUNTY's agents, consultants,and independent contractors (provided that prior to their access to meth source code' the COU T re treats ya !tent_ mood independe t My v'v l/r. ii e.T�' �..r, vv rr1r, rr.�r ayae/�bnIYAOJg6L, contactors enter into a iron -disclosure agreement in form and substance that is reasonably satisfactory to MOTOROLA) solely as a trouble analysis aid for isolating, diagnosing, and Ong problems in such software. 923 6 ERM PRICENG STOUC70113 924 925 411 pricing quoted in this Agreement, except the prices in Volume shall be firer for the tam of 926 the Agreement; shall apply to au equipment; software, services 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 time during 929 the term of the Agreement. 930 1T&C.wpd Volume I 8 3 124'29195 517of616 I MOTOROLA represents that the products and services under this Agreement have not been ' 93311 previously sold or offered for sale under substantially sirr1ilar Terms & Conditions and in 93411 substantially similar quantities to arty other State, County or City at a lower price than the price 935 offered to the COUNTY on products sold under this Agreement. 936 9371 The prices reficcted in Toiusee IL will remain valid for a period often CIO) years from dal 938 system acceptance. Items may be added to Volume €11 at any time by mutual consent of 939 MOTOROLA and the COUNTY. MOTOROLA shall extend all pike reductions to the 940' COUNTY. Price increases shall only be allowed subject to general increases in MOTOROLA's 94,11 published price list. MOTOROLA may increase prices listed up to a maximum not to exceed the 942 lesser of the Consumer Price Index ("CH') or three (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 Section. In 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 III, modify the drawings and specifications relating thereto, or 949 substitute therefor different products; provided, however, that any such changes; modifications 950 or substitutions, under normal and proper use: (i) ahnfl 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 ofthe product; and (iii) shail•be type -accepted by the appropriate authority, tfrequired. . 4 Any replacement products provided by lTOROLA 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 Coma anicatinna 950 , Commission (FCC) and the Federal Aviation Administration (FAA). COUNTY and 962 j MOTOROLA expressly agree that the project implementation is contingent tingent upon receipt of 962H properFCC/xA. u.c,e g. •Mi>z'iai' M...4.'s perfOnslance oft s Agreement shall =s€+re that an 963 : applicable requirements of the FCC/FAA licensing are met by the 800 MHHz Trunked Radio 964 Communications System. 965 966 8. 11gPLE "iENTATION SG 1[JL . 967 968 Preliminary and final implementation schedules and final system_ design shall be prepared by 969 MOTOROLA. The final implementation tation schedule shall indicate in detail all 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 foi delivery more than eight (8) 972 weeks prior to its scheduled installation date without approval ofthe 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&C.-Pepd Volume I5-4 12/29/95 518 of 616 998 999!' 12. ADVERA'IS1iTG/PRO.MOTUON ,L.TOMJRS 1000 1001 ' To protect the privacy, operational effectiveness and integrity, of the COUhiTY's use of the 800 1002� Ma system, MOTOROLA shall refry, from any advertising ofthe COUNa `s s 800 MHz 10003 i system and'refrain fro.sn arranging or encouraging promotional or other visits to the COUNTY 1004 i except as specifically approved in advance by the COUNTY. However, the COUNTY tercel 1 Uua e that it shall occasionally ails w r.lch tours and advertiaing unless th.ey unreasonably interfere with 1006 the communications car or other COUNTY operations. 1007 1008 13. STATE-QP-TE A tT E UVIVIZ VT ,.-1009 1010 ' The parties acknowledge that the COUNTY desires to have the most current equipment and 1011 software for the system at the time ofinstallation. If MOTOROLA becomes aware that 1012 ' improved, compatible equipment or BOftWere products are available thirty (30) days plot of to 1013 shipment, MOTOROLA. will notify the COUNTY_ In its notice to the COUNTY, MOTOROLA 1014 will provide ax, assessment, to the extent such information is available, of the advantages; 1015 ° disadvantages and cost impact to the COUNTY, Early, ofaxttl;zing such alternative equipment or 1016 software. The COUNTY will advise MOTOROLA in writing within ten (10) days of its ' ^' 7 intention to utilize or disregard such alternative equipment or software; filure ofthe COUNTY The Final Implementation Schedule as approved by the COUNTY shall be attached hereto and 9761 becomes a part of this Agreement. 977 978' 9. 'NON INTERFERENCE W.11'$1 RCS A6rENCJES 979 980 MOTOROLA's performance of work under this Agreement must not interfere unnecessarily 981 with the operation of any RCS agency. 982 983,1 10: INI/EN3ORY 9841 985 ' MOTOROLA agrees to maintain an inventory report which includes a line item for COUNTY 986 asset or property tag ID#. 987 988 11. INTERFACE wrrn O'1ui R'VENDORS 989 990 MOTOROLA agrees to cooperate with other vendors supplying equipment to, or performing 991 services for, the COUNTY as -may be requested by the COUNTY. MOTOROLA specifically 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 othei vendors shall recognize MOTOROLA1s right to protect its proprietary interests and intellectual property_ Volume I S - 5 12/29/95 519 of 616 to advise MOTOROLA will be deemed an election by the COUNTY to disregard the utilization 10 19 of the alternate equipment or software. 10201 1021 i 14. EQUIP NT CONICRATB31LiTY 1022 1023 14.1 MOTOROLAgees that the hardware and/or software, together with any and all 1024 associated equipment it will provide, as otherwise specified in the Agreement and described 1025 in the Statement of Work will perform individually and as an integrated System in 1026 accordance wrth the specifications and representations stated in this Agreement. This 1027 Agreement does not extend to the performance or integration afthe System 1028 a different system equipment into rant system generally nor specifically to System equipment in combination with 1029 products, elements or components not supplied by MOTOROLA_ 1030� r 1031. 14.2 the performance of this Agreement, it is understood thatMOTOROLA may 1032 i ntp1 znent changes in the products set forth in this Agreement or substitute products of 1033 znore recent design. This shall be allowed provided that any such changes, modifications 1034 - and substitutions, under normal use shall not rnaterialiy or adversely affect physical or 1035 furtctivnal interchangeability or performance, or result in price changes except wb a there 1036 is prior written agreement between MOTOROLA and the COUNTY that specific 1037 characteristics wif be so affected and/or price so affected. 1038 19 15. ETGGHT/DELr'RY 0 1041 • MOTOROLA assumes full responsibility for all transportation, transportation scheduling, 1042 packing, handling, insurance and other services associated with deliveryof the equipment and 1043 materials under this Agreement. MOTOROLA will notify the COUNTY of impding shipments 1044 not later than ten (10) County work days prior to actual shipment. All costs associated with 1045 shipment and/or tiansportation and handling of any item purchased under this Agreement are 10461 included in the total cent -act amount. All freight rust be F.O.D. destination, prepaid and shall : 10471 be unloaded at COUNTY speed sites by the carrier or MOTOROLA 1048E i 049jtj i 16. i) NI E1 CA.TIQN 105.01, 1051 I { MOTOROLA agrees to defend, at iti expense, any suits against the COUNTY based upon a 1052 claim that any products furnished hereunder directly infiinges a U. S. Patentor copyright,, and to 1053 pay costs and damages finally awarded in any such suit, provided that the COUNTY promptly 1054 notifies MOTOROLA in writing and at MOTOROLA's request and expense is given control of 10551 said suit and all reverted assietarace for de f n e of Same. 1f the use or sale of any such product 1056 furnished hereunder is enjoined as a result of such suit, MOTOROLA, at its option, and at no 1057, cost to the COUNTY,, shall. obtain for the COUNTY the right to use or sell such product, modify 1058 the product to make it non: -infringing or substitute an equivalent product reasonably acceptable 1059 i to the COUNTY and extend this hideaway thereto or, if none of the foregoingremedies are ` "601 reasonably available to MOTOROLA, accept return of the product and reimburse the COUNTY 1TdcC.wpd Volume 1 S - 6 12/29/95 520 of 616 11 _ the full purchase price therefor less a reasonable charge for reasonable wear and tear. This 1062 indemnity does not extend to any suit based upon any infringement or elleged.intingernent of any 1063 patent or copyright by the combination of any products) fished by MOTOROLA and other 1064 elezrients nor does it extend to any product(s) of the COUNTY's design or formula. 1065: 1066 17. STANDARDS OFT ORMANCE ,AND 60-711TANCE TESTING 1067 1068 MOTOROLA shall certify in writing to the COUNTY when the 800 MHz System or subsystems 1069 supplied by MOTOROLA are installed and ready for use. The 800 MHz System or subsystems 1070 - will be ready for use upon successful completion office testing as set forth in the 1071 Acceptance Test Plan (ATP). A.cceptance shall be deemed to have occurred only when the 1072 COTR has provided MOTOROLA with written certification of system or subsystem acceptance. 1073 ' MOTOROLA shall record the test results in conjunction Lion with COUNTY staff and provide the 1074 COUNTY with error -free test results for COUNTY verification. The system or subsystem shall 1075 not be acted until the standards of performance are met. Prior to acceptance, the COUNTY 1076 ' will obtain RCS Board review and approval. Such standards of performance and acceptance ' 1077 testing shall conform to specifications as defined in Volume 11-- Statement of Work. 1078 1079 18. PRO (CONTRACT FINANCIAL REEORT NG 1080 1081 MOTOROLA shall, as part ofthe monthly status report; provide monthly fanancia1 reporting of '• all contract milestones, deliverables, invoices; change orders and task 'orders. 1. 1084 .19. PAYIVENT APPROVAL PROCESS 1085 1086 Payment to MOTOROLA will be made by the COTJNTYasubject to the following process: 1087 I 1088 I ▪ COUNTY and MOTOROLA. project managers vd. review items/services delivered. 1089 I If COUNTY approves deliverable/milestone, approval will' be provided ors written sign off• 1090 foam. Prior to payment, the COUNTY will obtain RCS B oard review and approval 5!l9s6d MOTOROLAvni1 invoice monthly based on approved s€ fffazoa received from 109211 COUNTY, 10931 p COUNTY vie make payments bated only on approved sign -off four s prior to month -end. 1094 ▪ COUNTY will make payment within 30 days after receipt of invoice from MOTOROLA. _,1095 1096 T&C.w 4 Volume I S - 7 12/29195 521 of 616 IIL. 20. '4 1098iI 1099) 1100 incorporated in the Agreement. 1101 1102 21. ZORC.4 MAPZURE 1103 Warranty of the RCS Systeesu and its equipment shy be in accord ;ce with Exhibit C which is 1104 Neither MOTOROLA. nor The COLN 1? will be responstIoIe for delays br lack of performance 1105 resulting from acts beyond the reasonable control of the party or parties. Such acts will include, 1106 not be limited to, acts of God; fire; strikes; material shortages; compliance with laws or 1107 regulations; riots; acts of war; or any other conditions beyond the reasonable control of the party 1 108 or pales. 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 pariyjs required by any provision 1114 of this Agreement, such action will not be unreasonably delayed or withheld. 1115 1116 iT&C.wpd %ohrme 1 S - 8 12/29/95 522 of 616 it"CO'`J7 J l : QA18 rAUM lout 1! Ult ld iV 333(4U44 r.4uuii • 12/29JB5 County of Satz Diego Regional Centrnunicattoes System EXHIBIT A PRICING SHEET Egutprnetti Sa 3ud_ o_gals Tarots WO MHz Timm! System MatsterEU (PSC) least, 5,iraufat sy„ 1.574.301.56 6outh 34mctfsaset Syqum 1.910,273. 7 S9to-Site &y stc i,91Q.97717 Mobi1ca. Portables. & Control Stator' 874,896j7 11,57<,�7g Mobile Oft System Mobil Ratty IntiZtetzseXtre 1,147,738.48 ` link Equrpment Mob1 Du nnat TeelOevices 35,ti3UCC.t7tZ MiGraamre System Mk:szesenre Egmont MlCfGVY4Yee Venda' �$efbiCCs MOO C{7irtt1c18srrhL 4,45.484.30 0.00 Antenna Systems Antennas Systems t,S ea err77.S8 Dispatch Cordate ECC Funikure ECC Equipment N Eq tart • TMC Equipment t,OTx,836.58 Ccritmi 2604103 80a MHz MutuatAkt Equipment 0 MHz M1m lAjd Egtripme„t ..Enna. I.J TRr `'� 144Z7531 Common Eq;ti*roent Reco+mmrndssf Spare P BgUaprrrerd 421,58158 Recorar+arsdd4Teat EquIpmerd %male 244$6a.47 19,2vg g0 Cot ity Spseitied Enthrall est E .tfpnreir' Spery Pado ��.'3,049 80. Equipment Total: Vendor seri/feeq Toret Total t quiprzraretant) Vendor 5ervicui; Cited Service*: D61sled 5Yatem Deem Oetsiled 1atton Pfaru�mp ME taws Precun201410 .st t M"reroverio bnplemented:in Manager ent Factory Staging Support triatallation 4lredan Otkirretzation Pceeiftnco c T°` System Oo Ptsnoe Won n Management Suypat Tithing Supped Pr*: Adair;,-iidon Y6ie1 pima Seryl oe Motorola Con iidersiaf and Proprietary 1,471,32Q.75 ass,910,75 171,27925 4:20,964.00 77Z.78&00 1.639.115.91 #.285,151.25 271,353.25 777...370.00 109.158_50 715.2W.4o 351,000.00 8.301.984368 28245,141.47 523 of 616 !t-610'33 1I:3oRn mot '�R51� `"Ji Lr19 CA.g6 IV b30f044 12)2MS County of San Diego iie6(crta( Communications System indirect Services: Fry Ste frit Impiarnent tiorl &mom CCS1 Factory Stsoing C�;5, Fxtent ed Cabling302,926.E RNO Factory Sraging 930.00 0.00 Total Indirect Servtoea 1,173.860,66 Torsi Sam _ 9,475,525.32 Other Costa: System Warranty Period Maintarrarra - FN6 iY Yawr, San Voice, Cab, & gave (nhsstn xs 539,920.0 RNg Hardrear fSoftare • Training0 00 Freight 519,647.92 Performat Bonds (25% Port; t096 Pay ment) 5i.250.t]0a Total Other Coals 1,664469:03 Tow Sarvroea and Other c,a:ts 11,159,993.40 Total System Before Tax 39,405,134.st Tax (7% ofequipment): 1,977,159.990 Srotem 04cc unt (4.3414) -1,710.182.85 Grand Tatar Microwave; wio MO i afxyL) 39.672,111.92 Nat taktoststi a earnings atdi ntab(e to &Owned and See ncee -2.210,0oo.00 blot furgisel litotoroto know, *mow* SioiSZ111.92 Motorola. CoConftderaini.and Proprietary 2 524 of 616 12- s-95 EXHIBIT E MILESTONE PAYMENT SCHEDULE AND TER.1VMS -.1. Upon acceptance by the County of the detailed Subsystem Overviews, Subsystem Descriptions, System Diagrams and Equipment Lists, Motorola shall bill for and be pair the sum of $3,967,211.00 2. Upon acceptance by the County of the detailed system Acceptance Test Procedures, Motorola shall bill for and be paid the sum of 53,967,21.1,00 COUNTY acceptance or rejection ofthe documents listed in this Exhibit shall be provided in writing within Eileen calendar days after the docrtrnems are received by the COUNTY. 3. Upon receipt, installation and acceptance ofthe backbone equipment, Motorgia 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, I72.66 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 oflyinal Detailed System Design Documentation: $1,813,475.30 b) factory Staging Support due upon shipment of staged equipment; • $1,193,120.46 c) Optimization and Acceptance Services and Other Costs due upon conditional acceptance of 800 z voice sy�tera: $1 576 v'37.55 r� +•• w�;�rv>> d) Training Support Courses (as eadii course is completed): $261,868.31 •e) Program 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 for a period of 23 months. 5. The balance of all Eeid equipment, ($10,064,859.00) to include portables, mobiles; control stations, and all antenna, line and connector equipmentshall be billed upon receipt • at the prices set forth in Volume III or such other prices as mutually agreed and recognized by Change Drder or Task Order issued under this AGREEMENT, including tax and freight. } 525 of 616 12 28-95 6, Conditional Acceptance ! Beneficial Use ofthe 800 Mhz System shall constitute the brci8 for a 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 orde I 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. Receipt 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 wiii 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 of the agreed schedules. Change or Task Orders which modify the delivery schedules and milestones set forth in Volume ZI shall adjust the above payment schedules. Any such Change or Task Order shall set forth revised pricing and payment schedules based upon mutual agrren)ent in the case of Change Orders exceeding, $25,000. 2- 526 of 616 LICENSE AGREEMENT This License Agreement is between MOTOROLA, INC., a Delaware Corporation, having an office at 1301 East Algonquin Road, Schaumburg, Illinois 60198 ("fMiotorola") and the Licensee named below ("Licensee"). WHEREAS, Motorola has developed or acquired. or will develop or acquire Programs (as hereinafter defined) and/or Programs for incorporation Into Motorota 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 DEFIN]TIONS 1.1 "LICENSEE" shall mean the licensee indicated at.the end of this Agreement. 1.2 "LICENSED SUBSIDIARIES"' shall mean ail 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 Licensed Subsidiary, such Subsidiary shall be treated for all purposes as a Licensee hereunder and shall be bound by ail of the terms and conditions hereof. 1-3 "LICENSEE'S PERSONNEL shall mean any person who- is directly employed by the Licensee. 1.4 "MOTOROLA PRODUCTS' shall mean products designed, manufactured, acquired and/or sold by Motorola, Ino., eib identified in purchase contracts or as otherwise aidentilled. 1.5 "PROGRAMS" sha]t mean object code software for use in conjunction with Motorola Product; or for use within Motorola Produce, 1.6 "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 such company Cr other entity is a Subsidiary only so long as such Ownership or control exists. 1.7 "TRANSFEREE' shall mean a thiid party corporation, company, or other entity (other than a Licensed Subsidiary) that May acquire rights in certain Programs having a Leval Two Software License though a written agreement with the Licensee. 527 of 616 Exhibit B Section 2 LICENSE 2. t LEVEL ONE SOFTWARE LICENSE: Motorola hereby grants to Licensee a pa;sOna1; non- exclvsiya, 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 level. A Level One Software License shall contain the following terms and ,provisions: 2. i .1 Licensee may use such Programs solely for the intended Purpose of the Programs; 2.1.2 Licensee may only use Programs in the stated in purchase contracts pertaining to otherwise identified in a written agreement United States, In a country expressly the Programs, or in a country that i-s. 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 consent of Motorola; 2.1.4 Licensee shall not disassemble or reverse engineer the Programs, or arty 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 LJcensee satisfies its confidentiality obligations under this License Agreement; 2.1.6 licensee shall not make copies of the Programs without the express written consent of Motorola, except for up to. four (4) backup copies; 2.1.7 Title to Programs and any copies thereof, in whcle or in part, and all rights in patents, copyrights, trade secrets, and other intellectual properties of such Programs are vested in Motorola; 2.1.8 The Licensee sha;J include ai"r copyright notices, trademark notices, and other proprietary legends In accordance with Motorola's instructions on all copies o'f the Programs It makes; and 2.1.9 Licensee acknowledges and agrees that the existence of any cnpyrf ht notice on any Program shall not be construed as an adrniaslon or presumption that publication of such Program has occurred. • 2.2 -LEVEL TWO SOFTWARE €.JCENSC: Motorola hereby grants to'Licensee 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_ f Licensee may use such Programs solely for the intended purpose of the Programs and'only 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.5. Revised 5/S2 Programs except for four (4) back-up Include records stored on electronic or by the Programs and used for system Pegs 2 o[ 8 528 of 616 Exhibit S 2.2.3 Licensee shall not modify, adapt, or merge the Programs; 2.2.4 Licensee shall not crake 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 nct disassemble, decompiie, 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 yvith the export regulations of the Office of Export Administration for the United States Department of Commerce; 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 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 LEVEL THREE SOFTWARE LICENSE: Motorola hereby grants to Licensee a personal,'nore 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 Ucense shall contain the foUQwing terns• 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, cr 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 avaliabie the Programs, or any parts thereof. in any form to a third party without the express wetter vonsent of Motvrc a; 2.3.4 Ucensee shall not disassemble or reverse engineer the Programs, or any portion thereof, without the express written consent of Motorola; 2.3.5 Licensee wiii take appropriate action, by Instruction, agreement or otherwise, 'with any persons, including Licensee't Personnel, permitted access to the Programs, such that Licensee satisfies its confidentiality obligations under this, License Agreement; 2.3.6 Ucensee may make opies of the Programs, but only in sufficient quantities 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 feast 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. Devised 8/92 Page 3 'of 8 529 of 616 •, z,• Exhibit B .3.T Title to Programs and any copies thereof, in whole or in part, and lift 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 ore -time, lump -sum, License fee, Each such License fee shall be. due and payable upon receipt of invoice unless otherwise specified.. Service charges at the maximum rate permitted by applicable law may be invoiced on accounts mare than ten (10) days past due and shall be due argil payable upon receipt of Invoice for such service charges. '3,2 The License fee for each Program will Current addendum to such Price Book, or Book are subject to change without notice License fee in effect on the day Licensee's be listed ' In Motorola's current Price 8cok, other tangible form. License fees in the Price . Orders for each Program will be billed at the order is entered. 3.3 Licensee shati pay all sales, use and excise taxes, and 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 Otis License Agreement, exclusive of personal property taxes assessed on the Program end taxes based w, Motorola's net income, unless Licensee furnishes Motorola with a certificate of exemption from payment of such taxes which s in a fcrrn reasonably acceptable to Motorola. 3,4 Licensee "hall not cskgn or transfer this License Agreement orsuolicense any Program purchased under This License Agreement, without the prior written consent of Motorola. Any prohibited assignment, transfer or sublicense shall be null and void. 3.5 Motorola reserves the right to assign this License Agreements encumber or sell any Program, or subcontract any of its obligations hereunder, either in whole or le part, without notice to or the consent of Licensee. 3.6 Motorola shall not be responsible for support or Petri 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 Motorola's. then current prevailing rates for such maintenance. V.S. Revised 5/S2 Page 4 al Et J 530 of 616 Exhibit S Section 4 TERM OF LICENSE AGREEMENT 4.1 This License Agreement shall have a term of ten (1O) years and shall be applicable to ail Programs and/or 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 terrinated prior to the expiration of the ten year term for the reasons set forth in Section 8. For premature termination, the procedures specified in Section 6 must be followed. Section 5 CONFIDENTIALITY 5.1 Licensee shall' keep each Program cenfldentlai and shall not use any Program for any purpose other than its intended purpose. 5.2 Licensee shall restrict access to each Program to Licensee's Personnel who have a need to know. 5.3 Licensee shall not disclose or disseminate Programs, or any pads thereof, to any third party during the term of .this 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 ofthis Section 5 snail 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 becomes publicly known through no wrongful act on the part of Licensee; 5.5.2 is already known to Licensee at the.tirne of disclosure; 5.5.3 is righffully received by Licensee from a third party without breach of this License Agreement or 5.5.4 is explicitly approved for publlo release by written authorization of Motorola. Section 5 TERMINATION 6.1 If either party commits a material breach of any of its obligations set forth Therein, ire a purchase contract tor Programs, or other agreement regarding 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 shad have sixty (6O) ,days to, cure the material breach. !n the event that the material breach is not cured du:i:rg 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 shaii not be exclusive of any other remedies or means of redress to which the non -breaching party may be lawfully entitled. U.S. Revised 5182 Page 5 of a 531 of 616 Exhibit B 6.3 Upon termination of this License Agreement or termination of this License Agreement for any particular Program(s), . Licensee shail promptly forward to Motorola, or to Motorola's designee, all copies of Programs for which this License .Agreement is ierminated. 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 frorh reproducible defects that cause a material variance from its published specification. However, Motorola does not warrant that Program operation will be uninterrupted or error -free, that each defect will be corrected, or that any Program will meet Licensee's particular requirements. .7.2 MOTOROLA'S TOTAL LJAOJLITY AND LICENSEE'S SOLE REMEDY FOR ANY WARRANTED PROGRAM SHALL BE LIMrr'ED TO, AT MOTOROLA'S OPTJON, PROGRAM REPLACEMENT OR THE PAYMENT LJCENSEE'S ACTUAL DAMAGES, NOT TO CCEED THE SUMS PAID TO MOTOROLA FOR THE MOTOROLA PRODUCT INCORPORATING THE DEFECTIVE PROGRAM. THIS WARRANTY EXTENDS ONLY TO THE FIRST LICENSEE; SUBSEQUENTTRANSFEREES ACCEPT THESE PROGRAMS "AS IS" AND WITHOUT WARRANTIES OF ANY KIND. THIS WARRANTY REPLACES ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PAfTTICULAIR PURPOSE. Section 8 LIMITATION 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 .of whether the claim for such 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 fee paid by Licensee for the Program, or Programs that caused the damages or is -the subject matter of or is directly related to such claire. 8.2 IN NO EVENT SHALL MOTOROLA BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENT1AL DAMAGES (INCLUDING wimot1T LIMITATION LOSS OF USE, TIME OR DATA, JNCONVENIENCE, COMMERCIAL LOSS, LOST PROF,rTS OR SAVINGS) TO THE FULL EXTENT SUCH MAY SE DISCLAIMED BY LAW EVEN IF MOTOROLA HAS BEEN ADVISED OF THF. POSSIBILITY OF SUCH LAN/AGES OR FOR ANY, CLAN N AGAJNST LICENSEE BY ANY CM -ER PARTY. Section 9 INDEMNIFICATION' 9.1 If promptly notified in writing, Motorola will defend any bunt 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 assoo ated costs or damages finally awarded. Upon Motorola's re'ques:, 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. using the Programs or, It these remedies are not reasonably available, terminate this License Agreement with respect to such Programs. Motorola shaft have no liability for infringement that arises from any modification of Motorola's Programs by licensee or- frorn Licensee's combination of Motorola's Programs with another's. U.S. Aeviied 5/92 Page 5 at [i 532 of 616 Exhibit 8 Section 10 DISPUTES 1 p.1 .Moto rota 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 fall, then the dispute will be mediated by a mutually acceptable mediator to be chosen by Motorola and the Licensee within thirty (20) days alter 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 cost of the mediation equally, By mutual agreement, however, Motorola and Licensee may postpone mediation until both parties have completed some specified but limited discovery about the dispute. The parties may also agree to replace mediation with some other form of non -binding alternate dispute resolution procedure ("ADR"). 10.2 Any dispute which cannot be resolved between the parties through negotiation or mediation within two {2) months of the dale of the initial demand for it by one of the parties may ttien 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 ADR procedures will not be considered under the doctrine of Inches, waiver or estoppel'. to affect adversely the rights of •either party. Nothing shall prevent either of the paf#es from resorting to the Judicial proceedings mentioned in this paragraph If (a) good faith efforts to attempt resolution of the dispute under these procedures have 'been - 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 statement of the agreement between Motorola and Licensee, and supersedes ell oral or written proposals, prior agreements and other prior communications between the parties, concerning the subject matter of the License Agreement. 11.2 All forma notices, consents and other communications required or permitted under this License Agreement shall be In writing and shall be sent in such a Way as to assure receipt by the pier party. Either party may change its address for formal notices by written notice to the other party. 11.3 This License Agreement shall be aoivemed by and construed in accordance with the law of the State of Hilnols. 11 4 No representation or promise relating to, and no amendment of, this License Agreement shall be binding unless it is in writing and signed by both parties. 11.5 The terms and conditions of this License Agreement shed prevail notwithstanding any variance with the terrns and conditions of any order submitted by Licensee. 1.8 Motorola shall not be liable for any failure to perform due to causes beyond its reasonable control. 11.7 No waiver by a party of any breach of any provision of this License Agreement shalt constitute a waver of any other breach of that or any other provision of this License Agreement U.S. Reviswd 5L92 Page 7ofS 533 of 616 Exhibit l� 1 LB' Licensee recognizes that applicable Federal Communications Act and other statutes, laws, ordinances, rules, and regulations may channge;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. 11 .9 In the event that uny of the provisions contained In this License Agreement are held to be unenforceable, this License Agreement shall be construed• without such provisions. 1 . i G No action, regardless of font, 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 1 When, at the time a Program or Program ,contained within a Motorola Product is shipped. a Software Level is not indidated in the purchase contract or otherwise, such Program shall be deemed Level One Software. The Software Level cf a Program may be amended by a written agreement signed by Motorola. ACCEPTED AND APPROVED AS OF , 199. LICENSEE MOTOROLA INC. PURCHASER By: BY (Authorized Signatures (Authorized Sigrraltue) Name: Name: /Print • NIack Letters) (Print - Slack Letters) Title: Title: [Print - Block Letters} {Fria[ - Malt Letter:4 Date: Hate: Customer tk Address for Formal Notices:' Address for Formal Notices: Motorola; Inc, 1303 East Algonquin Road Schaumburg, Illinois 60196 Attn.: intellectual Property Department , Atm LJCENSED SUBSIDIARIES (If any) NAME: TITLE: DATE US. Revised 5/92 Page eotB 534 of 616 RESOLUTION NO. 2016 — 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, AUTHORIZING THE CITY TO PIGGYBACK THE STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES CONTRACT NO. 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 TO PIGGYBACK THE COUNTY OF SAN DIEGO DEPARTMENT OF PURCHASING AND CONTRACTING CONTRACT NO. 550743 TO AWARD THE PURCHASE OF POLICE RADIOS FOR THE NEW PATROL VEHICLES TO THE REGIONAL COMMUNICATIONS SYSTEM VENDOR, MOTOROLA SOLUTIONS, INC., IN AN AMOUNT NOT TO EXCEED $43,198.69, AND AUTHORIZING AN APPROPRIATION IN THE AMOUNT OF $1,337.17 FROM AVAILABLE FUND BALANCE IN THE VEHICLE REPLACEMENT FUND WHEREAS, as part of the Fiscal Year 2017 annual budget, the City Council approved funding through the Equipment Replacement Reserve for the purchase of 11 fully - equipped police vehicles: six (6) patrol vehicles, one (1) patrol lieutenant vehicle, one (1) supervisor vehicle, and three (3) detective vehicles, and for the National City Police Department; and WHEREAS, the City of National City has an opportunity to purchase the vehicles through a cooperative purchase by piggybacking the State of California Department of General Services Contract No. 1-15-23-14B to award the purchase and build -out of 11 fully -equipped police vehicles to Folsom Lake Ford in an amount not to exceed $553,138.48; and WHEREAS, by piggybacking the County of San Diego Department of Purchasing and Contracting Contract No. 550743, the City will get the best price for the police radios for each new patrol vehicle for the cooperative purchase from the Regional Communications System (RCS) vendor, Motorola Solutions, Inc., in an amount not to exceed $43,198.69; and WHEREAS, Section 2.60.260 of the National City Municipal Code provides that the City may buy directly from a vendor at a price established through competitive bidding by another public agency whose procedures have been determined to be in substantial compliance with the City's procurement procedures, and such a determination has been made in this case. !t is therefore recommended that the purchase and build -out of 11 iully equipped police vehicles and the police radios from RCS vendor Motorola Solutions, Inc., be made without complying with the competitive bidding procedure set forth in the Municipal Code; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby affirms the determination that the State of California's and the County of San Diego's procurement procedures are in substantial compliance with National City's procurement procedures, and pursuant to Section 2.60.260 of the Municipal Code, authorizes the waiver of the bidding process and approves the cooperative purchase and build -out of 11 fully -equipped police vehicles from Folsom Lake Ford in an amount not to exceed $553,138.48, and the purchase of police radios for each new patrol vehicle from the Regional Communications System (RCS) vendor, Motorola Solutions, Inc., in an amount not to exceed $43,198.69. BE IT FURTHER RESOLVED that the City Council authorizes the appropriation of $1,337.17 from the Equipment Replacement Reserve Fund 644 balance. 535 of 616 Resolution No. 2016 Page Two PASSED and ADOPTED this 6111 day of September, 2016. ATTEST: iVlichael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron tvlorrison, Mayor 536 of 616 CC/CDC-HA Agenda 9/6/2016 — Page 537 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 the compromise to California Environmental Quality Act (CEQA) Project Alternative 4 for the San Diego Port District's Master Plan Amendment and National City Marine Terminal Tank Fa 537 of 616 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 the compromise to Califomia Environmental Quality Act (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 and authorizing the Mayor to execute a Memorandum of Understanding regarding the parties intent in supporting the compromise. (Planning) PREPARED BY: Raymond Pe PHONE: Ext. 4421 APPROVED BY:. IuEPARTMENT: 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 certify the EIR, and approve the proposed project and PMPA. The Port and Staff have been working on a compromise, which would provide the Port the ability to submit the PMPA for the street closures to Coastal Commission, but would not allow for submission of the PMPA for the Overlay or Uplands Properties Components. The EIR would be certified for all components, for the project as proposed. The details of the compromise are discussed in the attached report. Staff recommends that the City Council support the compromise. In the event the Port does not approve the compromise, the MOU would not be executed. The attached background report outlines staff support for the Compromise to 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: r 1 FINAL ADOPTION: STAFF RECOMMENDATION° Adopt a resolution supporting the compromise to Alternative 4 and authorizing the Mayor to enter into a Memorandum of Understanding with the San Diego Unified Port District regarding a Marine Related Industrial Overlay. BOARD / COMMISSION RECOMMENDATION: 1Not Applicabi6 ATTACHMENTS: 1. Background Report. 2. EIR Comment Letter to Port (June 13, 2016). 3. Memorandum of Understanding. 538 of 616 Attachment 1 Background Report Staff Recommendation Adopt a resolution supporting the compromise to Alternative 4 and authorizing the Mayor to enter into a Memorandum of Understanding with the San Diego Unified Port District regarding a Marine Related Industrial Overlay. 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 certify the EIR, and approve the proposed project and PMPA. The Port and Staff have been working on a compromise, which would provide the Port the ability to submit the PMPA for the street closures to Coastal Commission, but would not allow for submission of the PMPA for the Overlay or Uplands Properties Components. The EIR would be certified for all components, for the project as proposed. Pasha Project Proposal Pasha Automotive Services (Pasha) currently operates the National City Marine Terminal (NCMT) under a Terminal Operating Agreement (TOA) with the District, and as part of that operation, also operates on numerous District -owned parcels under short-term agreements with the District, including District Parcel 028-007 and the eastern portion of District Parcel 025-010-D (Lot K). Pasha has proposed a project that includes: (a) grading, paving, and operating on a former tank farm subject to the TOA; (b) closing and re -paving portions of Quay Avenue, 28th Street, and 32nd Street, as well as changing the Port Master Plan land use designation for these portions of the streets from "Street" to "Marine Related Industrial" (Street Closure Component); (c) renewing existing and entering into new short-term use permits or agreements with the District on sites that include District Parcel 028-007 and the eastern portion of District Parcel 025-010-D (Lot K). As part of the Project, the eastern portion of District Parcel 025-010-D (Lot K) and District Parcel 027-047 (Uplands Properties) are proposed to be incorporated into the Port Master Plan. The Uplands Properties are proposed to be designated as "Commercial Recreation" in the Port Master Plan. In addition, a Marine Related Industrial Overlay is proposed on District Parcel 028-007 and the eastern portion of District Parcel 025-010-D (Lot K), which would expire the earlier of seven years or if the Board of Port Commissioners (Board) approves a development consistent with the Commercial Recreation use designation (Overlay Component). 539 of 616 The Project proposes a Port Master Plan Amendment for the Street Closure Component, the Uplands Properties Component, and the Overlay Component. The Board will consider the certification of the EIR and approval of the Project and PMPA on September 8, 2016. The Board will have several options including authorizing submittal of the Uplands Properties Component and Overlay Component with the California Coastal Commission for its consideration and certification, or direct staff to return at a later date with a further update, or rescind the approval of the Uplands Properties Component and Overlay Component. Balanced Land Use Plan The City and District have been working collaboratively and closely on the Balanced Land Use Plan, which encompasses properties within the District and the City, including District Parcels 025-010-D (Lot K), 028-007, and 027-047. The Balanced Land Use Plan is intended to promote commercial, recreational, and maritime uses. City and Port staff continue to work on refinements to the Balanced Land Use Plan, which Port staff intends to take to the Board in the fall of 2016 for further direction. On April 5, 2016, the City Council directed staff to collaborate with the Port on an environmental impact report that addresses all related plans, projects, and public improvements comprehensively in both jurisdictions as part of the Balanced Land Use Plan. On April 14, 2016, the Board directed Port staff to further study the Balanced Land Use Plan and to prepare an environmental impact report. City and Port staff are continuing efforts and collaboration on the Balanced Land Use Plan, which staff believes will address the Overlay Component issues and concerns raised by the City in its comments on the Project and its environmental impact report. "No Marine Related Industrial Overlay Alternative" (CEQA Alternative 4) The "No Marine Related Industrial Overlay Alternative" (CEQA Alternative 4) differs from the proposed project only with regard to the proposed temporary Maritime Related Industrial Overlay. Under this alternative, no Overlay would be applied to the eastern half of Lot K or Parcel 028-007. 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. Under this alternative, the Uplands Properties would still be incorporated into the PMP as Commercial Recreation land uses. This alternative estimates that if these sites where 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. 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. 540 of 616 MOU — Compromise to CEQA Alternative 4 Under the terms of the MOU, District staff will seek Board authorization to submit the Street Closures component of the PMPA to the California Coastal Commission for certification. District staff will also recommend that the Board direct staff to return in 12-18 months with an update on discussions with the City and land uses for properties that would be subject to the Overlay and Upland Properties Components, including an update on the Balanced Land Use Plan and the EIR for the Balanced Land Use Plan, which if approved, would supersede the Overlay Component. The MOU provides that if a change of circumstances occurs such that Pasha may not legally operate on the parcels that would be subject to the Overlay Component or portions thereof, the Board may authorize the submittal of the Overlay Component to the California Coastal Commission for certification. The MOU memorializes the City and District agreement that the intent of the District approval would be to allow for the immediate submittal of the Street Closure Component of the PMPA to the California Coastal Commission for certification, while concurrently allowing the parties to continue discussions on the land uses for the area subject to the Overlay Component, including the processing of the Balanced Land Use Plan and EIR for the Balanced Land Use Plan. Furthermore, if the Balanced Land Use Plan is adopted by the parties and certified by the California Coastal Commission, it would supersede the Overlay Component. 541 of 616 Berth 24-4 Berth 24-5 San Diego Bay A 0 200 400 800 feet Source: ESR I StreetMap North America (2014); Bing Aerial (2014) j I Naval,Base 1,-, . San Dieg ...,..,..., i -• ' you — Berth O27043 24-1 • Berth 24-10 Berth 24-11 IVITAIP-777.14 111ENZWe'.'WW1b!ti 41 Legend I I Parcels M Former Tank Farm Street Closures Short-term Use Permit Sites Former Weyerhaeuser Site I=1 Uplands Properties 025-01 -13 epp:r Park .• Sweetwater Marsh •National Wildlife Refuge Pier 32 Marina Chan toi ate( Sole? ICF INTERNATIONAL Figure ES-1 Project Sites NCMT 1" —'- 1------ 'laving and Street Closures Project & PMPA 542 of 616 ` 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 543 of 616 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 1 544 of 616 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 545 of 616 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 546 of 616 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 547 of 616 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 548 of 616 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 -- 549 of 616 MEMORANDUM OF UNDERSTANDING BETWEEN SAN DIEGO UNIFIED PORT DISTRICT AND THE CITY OF NATIONAL CITY REGARDING A MARINE RELATED INDUSTRIAL OVERLAY ON DISTRICT PARCEL 028-007 AND THE EASTERN PORTION OF DISTRICT PARCEL 025-010-D (LOT K) THIS MEMORANDUM OF UNDERSTANDING is made and entered into this th day of , 2016, by and between the San Diego Unified Port District, a public corporation ("District") and the City of National City, a municipal corporation ("City"). The District and City are collectively, referred to herein as "parties". WHEREAS, Pasha Automotive Services ("Pasha") currently operates the National City Marine Terminal ("NCMT") under a Terminal Operating Agreement ("TOA") with the District and as part of that operation, also operates on numerous District -owned parcels under short-term agreements with the District, including District Parcel 028-007 and the eastern portion of District Parcel 025-010-D (Lot K); and WHEREAS, Pasha has proposed a project ("Project"), as more particularly shown on Exhibit "A" Project Sites, that includes, among other components: (a) grading, paving and operating on a former tank farm site that is subject to the TOA; (b) closing and re -paving approximately five acres of portions of Quay Avenue, 28th Street, and 32nd Street, as well as changing the land use designation for these portions of the streets in the certified Port Master Plan from Street to Marine Related Industrial ("Street Closure Component"); (c) renewing existing and entering into new short-term use permits or agreements with the District on sites that are adjacent or near NCMT, including on District Parcel 028- 007 and the eastern portion of District Parcel 025-010-D (Lot K); and WHEREAS, as part of the Project, the eastern portion of District Parcel 025-010- D (Lot K) and District Parcel 027-047 are proposed to be incorporated into the certified Port Master Plan (the eastern portion of 025-010-D and District Parcel 027-047 are collectively referred to as "Uplands Properties" and inclusion of those properties into the certified Port Master Plan is referred to as the "Uplands Properties Component"); and WHEREAS, the Project also proposes to designate the Uplands Properties as Commercial Recreation in the certified Port Master Plan and an overlay is proposed to be placed on District Parcel 028-007 and the eastern portion of District Parcel 025-010-D (Lot K), which would temporarily designate the properties as Marine Related Industrial until the earlier of seven years or the Board of Port Commissioners ("BPC") approves a development through the issuance of a Coastal Development Permit consistent with the Commercial Recreation use designation ("Overlay Component"); and Page 1 of 5 550 of 616 WHEREAS, in summary, the Project proposes a Port Master Plan Amendment ("PMPA") for the Street Closure Component, the Uplands Properties Component and the Overlay Component; and WHEREAS, the City and District have been working collaboratively and closely on a land use plan that encompasses several properties within both the District and City, including, but not limited to, the entirety of District Parcels 025-010-D (Lot K), 028-007 and 027-047 and said land use plan is intended to promote, in harmony, commercial, recreational and maritime uses ("Balanced Land Use Plan"); and WHEREAS, on April 5, 2016, the City Council of the City was provided an update on the Balanced Land Use Plan and directed staff, in relevant part, to collaborate with the District on an environmental impact report that studies all related plans, projects, and public improvements comprehensively in both the City's and District's jurisdictions as part of the Balanced Land Use Plan; and, emphasized the collective importance of addressing all issues comprehensively in the Balanced Land Use Plan specifically referencing what are referred to herein as the Overlay Component and Upland Properties Component; and WHEREAS, on April 14, 2016, the BPC directed staff to further study the Balanced Land Use Plan and to initiate an Environmental Impact Report ("EIR") under the California Environmental Quality Act ("CEQA") for Balanced Land Use Plan; and WHEREAS, through the parties' collaboration on the Balanced Land Use Plan, certain additions and refinements have been made to the Balanced Land Use Plan and the District intends to return to the BPC in the fall of 2016 to obtain direction on preliminary project review for those added and refined elements; and WHEREAS, pursuant to CEQA statutes and guidelines, the Project was analyzed in the EIR entitled "National City Marine Terminal Tank Farm Paving and Street Closures Project & Port Master Plan Amendment" (UPD #EIR-2014-188, SCH# 2014121046) and on September 8, 2016, the BPC adopted the Final EIR, Findings of Fact, a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program (collectively, "District EIR Certification"); and WHEREAS, pursuant to the California Coastal Act, the BPC approved the PMPA, but only authorized District staff to submit the Street Closure Component portion of the PMPA to the California Coastal Commission for its consideration and certification and directed District staff to return to the BPC in 12-18 months with an update on discussions with the City and land uses for properties that would be subject to the Overlay Component and Upland Properties Component, including an update on the Balanced Land Use Plan and the EIR for the Balanced Land Use Plan, which if approved, would supersede the Overlay Page 2 of 5 551 of 616 Component; provided, however, if a change of circumstances occurs making it so that Pasha may not legally operate on the parcels that would be subject to the Overlay Component or portions thereof, the BPC may immediately or soon thereafter authorize the submittal of the Overlay Component to the California Coastal Commission for its consideration and certification ("District PMPA Approval"; the District EIR Certification and the District PMPA Approval are herein referred to as "District Approvals"); and WHEREAS, as part of the District PMPA Approval, the BPC also recognized that when the item returns to the BPC, the BPC may have several options including, but not limited to, authorizing submittal of the Uplands Properties Component and Overlay Component with the California Coastal Commission for its consideration and certification, or direct District Staff to return to the BPC at a later date with a further update, or rescind the BPC's approval of the Uplands Properties Component and Overlay Component; and WHEREAS, the parties disagree on certain legal matters, including, without limitation, land use jurisdiction over the eastern portion of District Parcel 025-010- D and District Parcel 027-047, as well as whether the Project and the Balanced Land Use Plan are separate projects with independent utility; and WHEREAS, based upon and in recognition of the parties continued efforts and collaboration on the Balanced Land Use Plan, which the parties believe will address the Overlay Component issues, the City supports the District Approvals ("City Support"). NOW THEREFORE FOR VALUABLE CONSIDERATION, the parties agree to the following: 1. The parties desire to continue to work collaboratively on land use issues in the National City bayfront and surrounding area. Accordingly, despite differences in the parties' legal positions, which are not waived by this MOU, the City and District agree that the intent of the District Approvals was to allow for the immediate submittal of the Street Closure Component of the PMPA to the California Coastal Commission for its consideration and certification, while concurrently allowing the parties to continue discussions on the land uses for the area subject to the Overlay Component, including the processing of the Balanced Land Use Plan and EIR for the Balanced Land Use Plan. It is also the parties' understanding that, as currently proposed, if the Balanced Land Use Plan was adopted by the parties and certified by the California Coastal Commission, it would supersede the Overlay Component. The parties agree that in exchange for the District Approvals, the City supports the District Approvals through the City Support action. 2. This MOU shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Page 3 of 5 552 of 616 MOU, the action shall be brought in a state or federal court situated in the County of San Diego, State of California. 3. For purposes of this MOU, the relationship of the parties is that of independent entities and not as agents of each other or as joint ventures or partners. The parties shall maintain sole and exclusive control over their personnel, agents, consultants, and operations. 4. No alteration or variation of the terms of this MOU shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. 5. This MOU in no way constitutes an approval of or a binding commitment to approve the Balanced Land Use Plan under CEQA and parties, respectively, reserve in their sole and absolute discretion to adopt all feasible mitigation measures, alternatives, including the no project alternative and a statement of overriding considerations, if applicable. 6. Nothing in the provisions of this MOU is intended to create duties or obligations to or rights in third parties to this MOU or affect the legal liability of the parties to this MOU to third parties. [SIGNATURES ON THE IMMEDIATE NEXT PAGE] Page 4 of 5 553 of 616 IN WITNESS WHEREOF, parties hereto have executed this Memorandum of Understanding as of the day and the year first above written. APPROVED AS TO FORM: SAN DIEGO UNIFIED PORT DISTRICT By By Assistant General Counsel/ Randa Coniglio Deputy General Counsel President/Chief Executive Officer APPROVED AS TO FORM: CITY OF NATIONAL CITY: By By Claudia G. Silva City Attorney Ron Morrison Mayor Page 5 of 5 554 of 616 Project Sites 171. Bert 24-4 Berth 24-5 San Diego Bay A 0 200 400 800 feet Source: ESRI StreetMap North America (2014); Bing Aerial (2014) • Naval Base San Diego 025-010-A' l r 025-010-B 025-010-C.r Berth 24-10 Legend I I Parcels Former Tank Farm Street Closures Short-term Use Permit Sites Former Weyerhaeuser Site Uplands Properties Proposed Marine Related Industrial Overlay Eiliaid Di tribution. Berth 24-11 025-010-D Sweetwater Marsh National Wildlife Refuge Pier 32Marina q -10 555 of 616 RESOLUTION NO. 2016 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY IN SUPPORT OF THE COMPROMISE TO CALIFORNIA ENVIRONMENTAL QUALITY ACT (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 AND AUTHORIZING THE MAYOR TO EXECUTE A MEMORANDUM OF UNDERSTANDING REGARDING THE PARTIES' INTENT IN SUPPORTING THE COMPROMISE WHEREAS, 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 (the "Project); and WHEREAS, on September 8, 2016, the Board of Port Commissioners will consider the Project and PMPA for adoption with or without modification following a public hearing; and WHEREAS, the Board will also consider certification of the Environmental Impact Report (EIR) that was prepared for the Project and PMPA; and WHEREAS, Port staff has recommended that the Board certify the EIR and approve the proposed project and PMPA; and WHEREAS, Port and City staff have been working on a compromise, which would provide the Port the ability to submit the PMPA for the street closures to the Coastal Commission, but would not allow for submission of the PMPA for the Overlay or Uplands Properties Components; and WHEREAS, Port and City staff have been working on a compromise, which would provide the Port the ability to submit the PMPA for the street closures to the Coastal Commission, but would not allow for submission of the PMPA for the Overlay or Uplands Properties Components. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City supports the compromise to California Environmental Quality Act (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. BE IT FURTHER RESOLVED that the City Council hereby authorizes the Mayor to execute a Memorandum of Understanding regarding the parties' intent in supporting the compromise. [Signature Page to Follow] 556 of 616 Resolution No. 2016 — Page Two PASSED and ADOPTED this 6th day of September, 2016. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor 557 of 616 CC/CDC-HA Agenda 9/6/2016 — Page 558 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 for repairs to all four tennis courts at El Toyon Park; 2) accepting the grant requirement to provide on -going mainten 558 of 616 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 for repairs to all four tennis courts at El Toyon Park; 2) accepting the grant requirement to provide on -going maintenance of the tennis courts; 3) accepting the grant requirement to host an annual "Family Day"; and 4) authorizing the appropriation of $36,000 in the El Toyon Park Improvements CIP account from Park & Recreation Capital Outlay Fund fund balance as a grant match. PREPARED BY: Stephen Manganiello DEPARTMENT: Engineering/Public Works PHONE: 336-4382 EXPLANATION: See attached. APPROVED BY: 2 FINANCIAL STATEMENT: ------7PPRCFinance ACCOUNT NO. APPROVED: MIS 115-409-500-598-4131 (El Toyon Park Improvements) ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: 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 as a grant match. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Grant Award Letter 3. Resolution 559 of 616 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 by Summer 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 tenniscourt 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, a copy of which is available for viewing in the Office of the City Engineer. 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 upon project completion, 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 $48,000. Therefore, staff is requesting appropriation of $36,000 in the Ei Toycn Park Improvements CIP account from Park & Recreation Capital Outlay Fund fund balance to satisfy the grant's local match requirement. Staff is still reviewing contracting opportunities, which will determine the project schedule. Staff will provide an update at a subsequent City Council Meeting. 560 of 616 [11F:h11ik S \ t),IY6tc1 C1l l' T1-N'r1 Ci,rs. 1 01, C i President Ben Press Vice President David Gill Vice President Geoff Griffin Vice President Toms O'Brien Secretary Treasurer Roa King 2221 Vorlcv 3'idd t)r. San D v go CA 921114 fi 19-688-1795 Lilt A `1 1 1 Ci t C j_5.1111 .rC1 T 1= `ti N 1S C'01 11 1'1 [TOR ' C'L11-1(: L-5Nr July 23th, 2016 Steven Manganiello Director of Public Works/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.TheTennis Council will provide $12,000 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 Sincerely, Ro in Secretary Treasurer 561 of 616 RESOLUTION NO. 2016 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING A $12,000 GRANT FROM THE GREATER SAN DIEGO CITY TENNIS COUNCIL FOR REPAIRS TO ALL FOUR TENNIS COURTS AT EL TOYON PARK, ACCEPTING THE GRANT REQUIREMENT TO PROVIDE ON -GOING MAINTENANCE OF THE TENNIS COURTS, ACCEPTING THE GRANT REQUIREMENT TO HOST AN ANNUAL "FAMILY DAY", AND AUTHORIZING THE APPROPRIATION OF $36,000 IN THE EL TOYON PARK IMPROVEMENTS CIP ACCOUNT FROM PARK & RECREATION CAPITAL OUTLAY FUND FUND BALANCE AS A GRANT MATCH WHEREAS, in June 2016, a petition signed by approximately 150 residents, including handwritten letters from local students, were submitted to the City requesting improvements to El Toyon Park, such as, improvements to park restrooms, additional drinking fountains, new playground equipment, and repairs to the basketball and tennis courts; and WHEREAS, the City Council previously allocated funding through the City's Capital Improvement Program to install new restrooms that will be open to the public later this month, and new playground equipment that are scheduled to be installed by Summer 2017; and WHEREAS, a grant application to repair the tennis courts was submitted to the Greater San Diego City Tennis Council (GSDCTC) on July 19, 2016, which includes partial funding for court resurfacing, expansion joint caulking, and new nets; and WHEREAS, on July 23, 2016, a letter of commitment was received from the GSDCTC pledging reimbursable grant funds for tennis court repairs at El Toyon Park in the amount of $12,000 upon project completion; and City: WHEREAS, the terms of the grant require the following commitments from the a. a local match to cover the remaining cost of improvements; b. regular court maintenance, including daily trash and debris removal, and monthly court washing to remove sand and grit; c. coordinate with GSDCTC to schedule an annual "Family Day", at no cost to the public, and assist with set-up and promotion of the event. GSDCTC would provide tennis instructors and prizes for the kids; and WHEREAS, an appropriation in the amount of $36,000 to the El Toyon Park Improvements CIP account from the Park and Recreation Capital Outlay Fund fund balance is necessary to satisfy the grant's local match requirement and to complete the recommended repairs to the four tennis courts at El Toyon Park, which is estimated to be approximately $48,000. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby accepts a reimbursable grant in the amount of $12,000 from the Greater San Diego City Tennis Council for repairs to the four tennis courts at El Toyon Park. BE IT FURTHER RESOLVED that the City Council accepts the grant requirements to provide matching funds, on -going maintenance of the tennis courts, and to host Greater San Diego City Tennis Council's annual "Family Day" at El Toyon Park. 562 of 616 Resolution No. 2016 — Page Two BE IT FURTHER RESOLVED that the City Council authorizes the appropriation of $36,000 to the El Toyon Park Improvements CIP account the from Park and Recreation Capital Outlay Fund fund balance to satisfy the grant's local match requirement and to complete the recommended repairs to the four tennis courts at El Toyon Park, which is estimated to be approximately $48,000. PASSED and ADOPTED this 61" day of September, 2016. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor 563 of 616 CC/CDC-HA Agenda 9/6/2016 — Page 564 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) 564 of 616 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' "1"' " 5) Minutes of April 19, 2015 565 of 616 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 4 566 of 616 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 4 567 of 616 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 4 568 of 616 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 4 569 of 616 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 4 570 of 616 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 571 of 616 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 4 572 of 616 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 43", No bullets or numbering 573 of 616 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 574 of 616 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 4 575 of 616 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 4 576 of 616 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 577 of 616 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 3 578 of 616 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 579 of 616 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 4 580 of 616 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 4 581 of 616 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 4 582 of 616 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 4 583 of 616 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 584 of 616 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 1 585 of 616 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: 586 of 616 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. 587 of 616 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 588 of 616 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 589 of 616 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 590 of 616 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 591 of 616 "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 592 of 616 f 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 101h. 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. 593 of 616 MEETING DATE; IT M flTLE 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 RPVIEw: IiA ORDINANCE: INTRODUCTION: 1 STAFF RECOMMENDATIAN Request Council direction FINAL ADCP?"IQN: BOARD t CO4 (MISSION RECOMMENDATION: ISI/A ATTACHMENTS: Staff Report AGENDA ITEM NO. DEPARTMENT: City Manager APPROVED BY; APPROVED APPROVED: Finance MIS ,. 594 of 616 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. 595 of 616 RESOLUTION NO. 2016 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING AMENDED CITY COUNCIL POLICY NO. 118 — CITY COUNCIL ATTENDANCE AT STAFF -LEVEL WORKING GROUPS WHEREAS, at the August 16, 2016 City Council meeting, the City Council directed Policy No. 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. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby adopts amended City Council Policy No. 118 — City Council Attendance at Staff -Level Working Groups. PASSED and ADOPTED this 6th day of September, 2016. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor 596 of 616 CC/CDC-HA Agenda 9/6/2016 — Page 597 The following page(s) contain the backup material for Agenda Item: 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) 597 of 616 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 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 Interstate 5). The latest conceptual development plans are attached. Staff is seeking direction from Council to work with STDC to develop an entitlement application for Sites A & B. DEPARTMENT: APPROVED BY: FINANCIAL STATEMENT: {Not Applicable! APPROVED: Finance ACCOUNT NO. APPROVED: 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 ApplicabI ATTACHMENTS: 1. STDC Conceptual Development Proposal. 2. Port Balanced Plan Exhibits: A) Bayfront Map; B) Proposed Projects; C) Preferred Alternative. 598 of 616 USE SUMMARY The National City Historic Marina District serves as a gateway to various National City historic sites and the future expansion of Pier 32 Marina and Pepper Park. PARCEL A With close proximity to Interstate 5, the east site incorporates highway amenities such as gas, retail and fast -casual dining options. The gas station considers access for large RVs and semi -trucks. FAST -CASUAL RESTAURANT SPACE 10,500 SF GAS STATON 6,000 SF CONVENIENCE/RETAIL 6,000 SF PARCEL B The west site hosts a 5-story hotel with a capacity of 80-120 guest rooms. Ground floor amenities of the hotel spill out into the adjacent pedestrian plaza which serves as a gateway to the existing Historic Train Depot Museum and rail yard to the north. A new restaurant with an outdoor terrace activates the west portion of the pedestrian plaza. A separated bike path runs through the plaza and continues along W. 23rd Street, providing a missing link on the Bayshore Bikeway. HOTEL (GROUND FLOOR) 20,200 SF RESTAURANT 5000 SF MILLER HULL ADDITIONAL PARKING NEW SEPARATED BIKE PATH EXISTING HISTORIC TRAIN DEPOT TRAIN DEPOT YARD HOTEL ROOFTOP TERRACE NEW HOTEL NEW RESTAURANT PARKING NEW RESTAURANT WITH OUTDOOR TERRACE PEDESTRIAN PLAZA NEW BAYSHORE BIKEWAY CONNECTOR EXISTING HISTORIC RAILCAR PLAZA BUILDING NATIONAL CITY HISTORIC MARINA DISTRICT, Parcels A & B Masterplan August 31, 2016 W0°51. NE1413UTIQUE CONVENIENCE / RETAIL NEW GAS STATION NEW, FAST CASUA RESTAURANTS / CONVENIENCE NEW 'GATEWAY' SIGNAGE CULTURALLY SIGNIFICANT,$YCUAN SITE VISTA POINT SCALE 1:50 599 of 616 HULL NATIONAL CITY HISTORIC MARINA DISTRICT South East Perspective - Gateway August 31, 2016 Ai piiii.. $11:0-00"soiciamAtr- ---.0-....a gailwa, imettotwe a.--, µ , 344• 600 of 616 HULL NATIONAL CITY HISTORIC MARINA DISTRICT South West Perspective - Pedestrian Plaza August 31, 2016 601 of 616 Attachment A to Agenda File No. 2016-0186 Legend Port of San Diego National City Marina District First Point of Rest Lot K Mean High Tide Line Marina Gateway (Sycuan) City of National City USFWS MTS SDG&E BNSF — — - Boundary of City's Balanced Plan ] 0.25 0.5 Miles National City Bayfront Map 602 of 616 Attachment H to Agenda File No. 2016-0186 • -- — Preliminary Proposed Alignment of Bayshore Bikeway Segment 5 Tidelands Avenue Closure Project First Point of Rest Mean High Tide Line • • :a J CIVIC CENTER DR i W li-I• �- O T N • CO v HARRISON AV } _I National a *• Distribution -' » Center • '71 • • `.1.. I � oZ 171 W 16TH ST ) W Q- J ? JQ W Z r YI J W Q LI J -I0-I W 20TH ST Q Q z T. a co a 0 W2ISTST= Ix z J• D 11- W 22ND ST - _J _I _I J `) W 14TH ST W 15TH ST W 16TH ST a r I. `31 •2:1 • 1 1 Pepper Piewt32 pp • • _ ••• Park • • CLEVELAND AV a w 0 w e W 17TH ST J (^ Q W18TH ST } J J WILSON W 26TH ST A4'2 ALLEY 11'30TH ST Q 0 0 x Marina District and Balanced Land Use Plan h b. OFF RA of RA Proposed Projects Currently Recommended for CEQA Analysis 603of616 Attachment D to Agenda File No. 2016-0186 28TH STREET 1.50ac / P P2 3.86 ac. 2.33 ac. Approximate Acreage Existing Preferred Option Change Ld1111 UGC (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 il MO HABITAT BUFFER E1 17' 3. D.11 PARADISE MARSH WILDLIFE REFUGE L� 2.32 ac. i4 . 5' SETBACK ,: • FOR SERVICE AREA jr1/ BA f7 f 4.17ac. 3.68 ac. -------- SITE BOUNDARY MEAN HIGH TIDE LINE -•-------- REFUGE BOUNDARY �I LANDMARKS // / ,/, HABITAT BUFFER x Js�_ '�/� f% BS 63ac. 21) 82 1.40 ac. • 1.78ac ac r � MARINA 16.75 ac. B6 4.93 ac. 81 2.22 ac. - AQUATIC CENTRE SITE BOUNDARY II1Vru «bo..i EDGE OF DELINEATED WETWJD ISO' HABITAT BUFFER RERJGE BOUNDARY 200SETBACK FRO REFUGc BOUNDARY EDGE CF DELINEATED NETIANII ZCO' SETBACK FROM . REFUGE 3DIa40ARY Ipy' HABRAT BUFFER s ,'(DIEGO BAY NATIONAL WILDLIFE REFUGE PARADISE VALLEY CURRENT RAILWAY LINE PROPOSED RAILWAY LINE •-•-•-•-•-•-•-•- SETBACK LINE PARK(PLAZA UTILITY ACCESS 11'01E11 MARINE RELATED INDUSTRIAL COMMERCIAL RECREATION VISUAL. PEDESTRIAN/ BIKE, & EMERGENCY ACCESS STREET MARINE TERMINAL Preferred Land Use Alternative 604 of 616 CC/CDC-HA Agenda 9/6/2016 — Page 605 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 605 of 616 CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY COUNCIL AGENDA STATEMENT MEETING DATE: September6, 2016 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 13Ts Street in National City. PREPARED BY: Angelita PaIma-Comm. Dev. Specialist II PHONE° 619-336-4219. EXPLANATION: APPROVE DEPARTMENT: Housing & Economic Dev. 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 Cebaiio Sr. 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 Califomia 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. APPROVED: FINANCIAL STATEMENT: APPROVED: N/A ACCOUNT NO. ENVIRONMENTAL REVIEW: NIA ORDINANCE: INTRODUCTION: Finance MIS FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution. BOARD 1 COMMISSION RECOMMENDATION: t JfA ATTACHMENTS: Attachment No. 1: Subordination Agreement 606 of 616 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 607 of 616 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. 608 of 616 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 609 of 616 f3 suborda RESOLUTION NO. 2016 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY OF THE CITY COUNCIL 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 13T" STREET IN NATIONAL CITY WHEREAS, Daniel Alvaro Ceballo, Sr. and Debbie Virginia Ceballos ("Borrowers") are the owners of a single -unit property located at 929 East 13th Street in National City; and WHEREAS, on August 9, 2002, the Community Development Commission of the City of National City (CDC) made a loan for $30,500 from the Low Moderate Income Fund to assist in the purchase of the single -unit property; and WHEREAS, the Borrowers desire to refinance the existing first mortgage to reduce the interest rate to 3.5% and term of the loan to 20 years from 30 years with a new mortgage with a principal amount not -to -exceed $296,000 from Sierra Pacific Mortgage Company, Inc., a California Corporation ("Lender"); and WHEREAS, in order to provide the loan, the Lender requires the subordination of the Deed of Trust that secures the HOME funds. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission -Housing Authority of the City of National City hereby authorizes the Chairman to execute a Subordination Agreement and any other Escrow related documents as necessary. After being recorded by the County of San Diego. A copy of the Subordination Agreement will be on file in the office of the City Clerk. PASSED and ADOPTED this 6th day of September, 2016. ATTEST: Leslie Deese, Secretary APPROVED AS TO FORM: Claudia Gacitua Silva General Counsel Ron Morrison, Chairman 610 of 616 CC/CDC-HA Agenda 9/6/2016 — Page 611 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) 611 of 616 Item # 09/06/16 Fiscal Year 2015 Comprehensive Annual Financial Report (CAFR) and Popular Annual Financial Report (PAFR) awards (Finance). 612 of 616 CC/CDC-HA Agenda 9/6/2016 — Page 613 The following page(s) contain the backup material for Agenda Item: Update on Proposition 64 — the California Marijuana Legalization Initiative to legalize recreational marijuana. (City Attorney) 613 of 616 Item # 09/06/16 Update on Proposition 64 — the California Marijuana Legalization Initiative to legalize recreational marijuana. City Attorney 614 of 616 CC/CDC-HA Agenda 9/6/2016 — Page 615 The following page(s) contain the backup material for Agenda Item: Elected Official Participants on City Manager Working Group (City staff and Port staff working group) Report Out. 615 of 616 Item # 09/06/16 Elected Official Participants on City Manager Working Group (City staff and Port staff working group) Report Out. 616 of 616