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Agenda Packet CC - 09-06-16
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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 Item # 09/06/16 INTRODUCTION OF NEW CITY EMPLOYEE, MEGAN GAMWELL, ECONOMIC DEVELOPMENT SPECIALIST Housing & Economic Development 12 of 469 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 469 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 469 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 469 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) 16 of 469 \\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 of 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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. 9 28 of 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 }- 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 469 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 469 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 469 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 469 }- 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 469 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 469 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 469 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 469 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 469 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 469 *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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 34. SIGNATURE OF PARTIES: It is an express condition of this Permit that said Permit shall not be complete nor effective until signed by either the Executive Director or his authorized designee on behalf of District and by other party. APPROVED AS TO FORM AND LEGALITY SAN DIEGO UNIFIED PORT DISTRICT GENERAL COUNSEL By: By: Assistant/Deputy SOUPD Dins No. 1069279 Shaun D. Sumner Assistant Vice President Real Estate Development CITY OF NATIONAL CITY By: Signature PRINT NAME: RON MORRISON PRINT TITLE; MAYOR 13 64 of 469 028-007 THE PASHA GROUP DDT V \°a °o 1Oa z„.c. 3"DIA. BRASS DISK MONUMENT STAMPED "SDUPD-020" AS SHOWN ON R.O.S. NO.16668 NOTE 1. PERMIT AREA SHOWN SHADED 2. BEARINGS AND DISTANCES ARE BASED ON THE CAUFORNIA COORDINATE SYSTEM, ZONE 6, N.A.D. 83, EPOCH 1991.35. 028 PEPPER PARCEL NO. 1 0 5,557 SQ.FT (0.13 ACRE) a .� --- 0.5 1 009 PARK -1St 0 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 469 N 15'22'00" E 51.18' DD9 Fare PARCEL NO. 2 (OVERHEAD ELECTRIC UNE) 21105 SQ.F I (0.05 ACRE) 028-009 PEPPER PARK NOTE 1. PERMIT AREA SHOWN SHADED 2. BEARINGS AND DISTANCES ARE BASED ON THE CAUFORNIA COORDINATE SYSTEM, ZONE 6, N.A.D. 83, EPOCH 1991.35. S.D.G.E! TRANSFORMER D 10' 20' 30' 60' 1" = 30` Sal D!EGO WAVED PORT DISTRICT TIDELAND USE AND OCCUPANCY PERMIT WITHIN CORPORATE LIMITS OF NATIONAL. CITY COM ►UNITY DEVELOPMENT COMMISSION CITY OF NATIONAL CITY E ItsrM DATE 19 APRIL 2045 SCALE AU, FIELD SURD DRAWING NO. SHMT 20F Z. 028-023 28\028-023\028-023_04 66 of 469 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 469 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 469 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�i'+ its 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 469 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 469 • •'• -• ' ' 11ie. �ateandulp'g oi<Ater ut trt •• I. .ONDCP; as a gonditioapoo #Media& zegakes agearcde§.to•ce;t(fy thaV,t• hoge position limdedvader tic's Hlurk " r r Program fo= stdtr yard lallneWswould id be SAed ff ilt were not for these H.TA funds. Agency.hesda,•1>y • • . agreeing 0 th ig MOA,rare griming to.submit tinit certification oh ovum l tekd using the language provided by , ' ONDC•P. A position Desbtipt on is also neynired.: . ' - ' •• . • ' ; _ • •,:. Accept cit •• .. , . % ' Aceaplatrce cif ibda MOA by ppartlriaadng ugettides is aoceptlinee-of all atadderds and condition' ,f the I: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; MO? ' 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 469 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` citua Silva City Attorn on Morrison, Mayor 72 of 469 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 469 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 $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 469 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 469 Budget Detail Iota/Apgadgets $141,000.00 76 of 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 Mayor Ron Morrison Council Members Jerry Cano Alejandra Sotelo-Solis Mona Rios Albert Mendivil CALIFORNIA Ti.O551l ``fi�nn V}t? Ipat City Attorney Claudia Gacitua Silva Senior Assistant City Attorney oic.OBPORATED Nicole Redone Office of the City Attorney TO: Mayor and City Council FROM: City Attorney SUBJECT: Proposed Amendment of Conflict of Interest Code 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 469 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 2 Conflict of Interest Code September 6, 20I6 Proposed 20I6 Amendment 93 of 469 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 I: 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 469 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 469 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 469 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. ( Conflict of Interest Code September 6, 2a16 Proposed 2016 Amendment 97 of 469 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. Della, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor 98 of 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 I 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 469 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 469 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 II Lti OT 4109 I 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 469 = / 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 469 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 469 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 469 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 469 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: 1.. Check/Wire Amount Explanation 324646 100,914.23 324656 98,035.05 324662 71,339.53 324673 180,047.10 324728 66,803.14 289911 317,724.11 7272016 400,509.36 Las Palmas Park & Municipal Pool Project Rovverx Package for City Vehicle Health Ins R1192A / Aug 2016 Ins Active / Aug 2016 Kimball Park Project General Obligation Bonds 2012 Service Period 07/05/16 — 07/18/16 FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $3,388,476.98 APPROVED: APPROVED: ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Ratify warrants totaling $3,388,476.98 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Warrant Register #5 134 of 469 114 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 1 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 / AUG 2016 RETIREE HEALTH 135 of 469 2016 RETIREE HEALTH 2016 CHK 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 6/2116 346.33 324629 812/16 245.00 324630 8/2/16 250.00 324631 8/2116 15.825.95 324632 812116 45.22 324633 812116 2,710.62 324634 8/2/16 110.00 324635 8/2/16 7D.00 324636 812/16 480.00 214 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 / AUG 2016 RETIREE HEALTH 136 of 469 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, 137 of 469 �16 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 8/2/16 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 8/2/16 791.16 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 8/2/16 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 469 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 PAYMENT 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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. iiin{, Economic Dev. PHONE: (619) 336-4391 APPROVED 74111Winlit4 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 469 I 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 6, 2016 AGENDA ITEM NO. ITEM TITLE: to accept Insurance Housing Of National City consenting to the inclusion of properties Finance Authority Open PACE Programs; authorizing applications from property owners, conduct contractual assessments within the City's jurisdiction; authorizing Agreements with participating administrators; & DEPARTMENT: Hou 'ng & within the the the and Economic nt Dept. Resolution of the City Council of the City City's jurisdiction in the California Municipal California Municipal Finance Authority assessment proceedings and levy contractual Mayor to execute Indemnification and authorizing related actions. PREPARED BY: Carlos Aguirre, Manager De v I pm APPROVED Economic Development PHONE: 619 336-4391 EXPLANATION: \ i1 / Please see Attachment No. 1 APPROVED: APPROVED: impact statement. in Section 57378 of the the California Environmental FINAL ADOPTION: 'Pinance FINANCIAL STATEMENT: ACCOUNT NO. Please see Attachment No. 1 for fiscal MIS California Code of Regulations. Quality Act. ENVIRONMENTAL REVIEW: This activity is not a project as defined Therefore, no action is required under ORDINANCE: INTRODUCTION: STAFF RECOMMENDATION: Adopt the resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: insurance Agreement 1. Background Report 2. Form of Indemnification and 3. Resolution 177 of 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 1QFofz1 Q 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 469 • 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 469 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 469 • 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 469 • 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 469 • 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 469 €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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 • 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 469 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: ✓t:44i 61.-L-r S 7-Wb -t de d..ok 214 of 469 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 469 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 'AV NO MedlumaaeS'/ NO Heavy = / NO 9 Wheel Lift 4- Basic=OA / NO Medium =liS / NO Heavy gllS / NO ) One sub-garaagevehicle ttPi NO Off -road Capable Truck NO TRUCK EQUIPMENT 9 Two. Way Radio > 8000 lbs 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_e/..4%- 6¢++„.n' TOW_RFP SITE VISIT it/Jr DATE/TIME: 216 of 469 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� C4PPS AO tor a 217 of 469 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 469 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 469 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 469 MOlif.tR! 44m - 6 pril (LOW ;kttti-Wi ULU M40/-5880, 222 of 469 El, 224 of 469 ' illili�►' N 226 of 469 COWSOB, 19 1110 SYnib 1 peer W �I • } r �4 • • 9' 4 9 691 Jo CE ro TOWtNG Road $ide Assistaxe afid Sbrai.lc 24in La= N, 234 of 4(69 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 11 253 of 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 32 274 of 469 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 469 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 469 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 469 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 Oct 1, 2016 — Sept 30, 2018 36 278 of 469 City of National City and 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 • 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 469 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 469 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 469 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 469 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 469 PURCHASING TOWING CONTRACT PRICE COMPARISONS 9/1/2016 recommended vendors agreed. Contracts with both vendors will charge the same rates 328 of 469 1 Tow Truck Contract Committee presentation 329 of 469 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 469 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 469 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 469 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 469 Summary of scores Based on the evaluations, the ratings were a comparison between the top four qualifying tow companies. 334 of 469 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 469 103 336 of 469 337 of 469 In Road One Towing 338 of 469 TONY'S AUTO 339 of 469 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 Pubic 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 469 13) UN'3 suopsono 341 of 469 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 469 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 469 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 469 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 345 of 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 469 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 cdnas, 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 • StrueturatEnglneering • • ADACornpilance ▪ • Laridscape:Architecture Planning. ConSbvction and: Suppo1$01111es .. • :l and Plann+ g • Tianspertatron•PYahhi.ng 0. Environnientaf e%vices . • .cieoEraplii Bill. nation Systems • Land Surveying. • : • Consttuciion ta1anagement . •Consttiiaion•Inapei lion • .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 469 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'& cyoied 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 469 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 469 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 469 .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 469 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 469 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 469 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 W6l 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 469 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 469 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 rowan 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 effeetive. 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 oenceilstion of coverage is intended as a courtesy only. Our failure to pro+ride such advance notification will not wand 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 469 Policy Number. 4C1502675 t-1MITE17 AUTHORITY TG ISSI)E:.CERTIFIt A'f!S DF DURANCE ENDORSEMENT In consideration of the premlum charged,.lt ie bereby.understood and agreed as follows: (1) Underwriters authorize Mn the f"Corit5te issue?) to Issue :Certificates Of Insurance at -the requesi.or direvtie cfthe:Asetired, his expressly utrdemstood and agreed that,. SUbjekitG Paragraph X2) be10w, any Certificate of insurance so issued shaft not rimer any rights upon the Certifte Holder, create any obligation on the part of the Undcrwdters, or purport to, or 'be construed to. Biter, extend, modify, amend, or oche w]so change the term or diiions of this Policy In any mangler whatsoever.. in thecase deny conflict botween the dasoription of the terms and Conditions of.thts PoIcyrcontsiited In any Certificate of Insurance on•the one hand, and the term° and cnnditions•of tic Polley ae set fortis herein on the•other, the terns and conditions of this i'o1lcy.as;setforth #terefn shall contra, (2) Notwithstanding Paragraph ((1) above, such Certificates of insurance as are authorized under ibis endorsement -may provide that In the event the Underwriters cencel or nogg-ienew this Policy orin the. event of a Material Change 10 this Polley. Underwriters shall mail written notice or such cancellation, nonleriewat or Material Change to:suph Certificate Holder `30 days prior to the effective date Of cancellation, non -renewal, era Materiel Change, bttt 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 ouch Certificate Holders, if any, spedfled in :each Certificate of Insurat • t) at. Inception of this Policy; (ii) DO days Merle expirationf bla Poky end (111) within ig days of receipt of a written request ROM Underwriters. Unrlerwr•Jters' obt1gallon to melt notice of cancellation, non -renewal, eteMatcrlal Changan .as provided In this paragraph sholl apply solely to those Certificate. Holders with respect to whom the Assured has prov ded the foregelng written notice to the Underwriters. It is. further understood and agreed 1ha# Underwriters' authorization of the Certificate Issuer under this endorsement Is litmfted solely to the issuance 0 Certificates of Insurance and deaf, nol authorize, empower, or eppolrit•the Certificate issuer _to act as en agent tor. gip .Undery e/kers or ter tip Undenm leis ter alny:other purpose. The Certificate lesuer Shall' be solely responslbie fat -arm °hours or omissions in •connection �vJl the Issuance ofiany Cettifi ife O4'lnsurance pursuant to•tlils endorsement (4) As used In this endorsement (I) Certificate of insurance means e doournent issued for informations! purposes cniy as -evidence d the ezlstence,and terms'of rile Policy In. order to satisfy a cantractsal abllga ion of the Assured. (ii) Material Change rears an endorsement to or amendment of this Policy afteriasr ante of -this Polley bythe Underwriters that restrt is the.coverage afforded to the Assured. (3) All other terms, clauaesand conditions remalnunchanged. ; rs� Market Submission - Supplemental rage 38 of 55 QA+I 26108115 02 Clauses 369 of 469 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 addt ss! 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 469 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. Ail rights reserved, includes copyrighted material of Insurance Services Office, Inc. with its permission. Pagel of 1 371 of 469 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 469 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 469 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 1374 of 469 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 469 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 469 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 469 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$4rsartt►arte # Total County of Sun Diego fiextGon Patties Subectibar Radio Count Plistparitildio tar Is wia2mar.sorinigovolixoy *Awl ow `4Th2 NmttGen RCS Agreement- Amendment 1 July 12, 2016 378 of 469 men PCS Agreement -Amendment 1 Exhibit C-1 Cost Apportionment for San Dims County Shunt Infrotrucemg Per Peru; Costs are apportioned in two egortea-Jrl ftostructure *adore. Below we the ssttmated Ism Infrastructure apportionment costs per aged Sim Diego County Partyta Icts�Jipo,Casrs 3/2/1' RedloCeusrt 7f1r401.4 RadloCount QoatfarSin bla$e 5"wed snrremniaire Alpine Fire Protection DKtrtct a„relea 2GA ] 5wi ys1 Are Protectlon District_ 16 L6. 26A $ $ 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>1d 67D 0 all City nfpelMar 97 99 910 $ 426,1910.45 Oty of EJCeton 460 $ . 1,376,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 29 2>S 5 $ 124, 41136 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 Ca9forata, CA 49 $�1A 71. $ • 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 243 241.3 $ 054222.54/ 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 469 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 7.4t0 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* .. 1,142 { . 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 469 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 4-Dotter Exhibit C-Z RCS Malone Cote a: Daodirtl Tidal Coat far Son Diego Stored bdrastneenoeoed Nesttr n R 3 Core (C- 3 t0lj Alpine Ore Protectfor►District $ 113496261 $ 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 earregiLSPrings Fke Protection District $ 91,671.53 $ 1,636.22 CRy of Carlsbad $ 1,912,006.09 $ 34,126.81 City of ChulaV+sta $ 2514,758.18 5 5I,303.11 City ofCoronado $ 760,12124 $ 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 $ 9593.98 S 521200,64 $ 1,279,649.03 $ 422, 06A5 City of Le Mesa $ 1,257,209.49 _ $ 22,43954 City of Leman Grove $ 414,704.52 $ 7,40193 titre Natknai City $ 1,248,E+478d17 5 22,2E371 $ 1270,762.56 $ 3,296,873,55 $ -c0 746,13 of Oceanside $ 3,239,06055 $ 5721199 Cie/ 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. $ 126,63154 $ 424226.06 I. of Santee $ 772,560.00 $ 12,790.97 City o€ Solana Beach 5 261218.64 $ 4,674.91 City oriole $ 1,252,84418 $ 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 $ 144,055.15 5 2.57120 $ 146,625 45 Rancho Santa Fe Fire Protection District $ 512,924.01 1 $ 9,155.02 5 rJ2,1179.03 SawitiagoikealatiaraslaMes' _ $ $ San Diem Unified Part District $ 29.77 $ San Miguel Cmrnstfldated f",re Protection DistrlC4 5 547, 50 _ $ 4.19 ;: 557,624:B4 Smote of CA Department of rra rpoe+atne., !Cairene; $ 3,302,18524 $ PAMPA $ 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 $ 17,77254 $ 182,172.26 $ 1,073,039-03 93,307.74 altfornia State 1k ver itySan %roes (Pore) 5 270 AMU 4 $ 3,93431 DIHenhaln 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 $ 91571.59 1,535.22 , Rancho Santa Fe Patrol $ 74,210.28 $ 122456 $ 75 5 4,$ San DiorOstmy Rq}onalAarportAut Authority $ 7S3,116.10 F $ 13.44035 S 766,456.45 $ 151,069.68 $ 448,7E521 $ 144,,40434 $ 319,91.2,26 San Diego Humane Sudety $ 146, .20.55 $ 1349.11 San Diego State University (Poke A Patting_ $ 4440296.38 $ 7,869.42 San Pasqua) Band of Mission Indians $ 141 872.60 $ 7.92 2+ 9ycuan Band tithe Kruneyeey Nation Wotan Flre/Polite Department) $ 314,302.37 r $ $,60969 university of Wfornia San Diego (Pose and Frn4ronrmeart 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 $ 1,251,740,77 _ $ 65,673,783.82 1$ {i 4:=I }$ 102,536.25, j$ 4.385•41431; 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 469 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 469 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. 383 of 469 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 469 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 469 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 469 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 469 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 469 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 469 CC/CDC-HA Agenda 9/6/2016 — Page 390 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City 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 390 of 469 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. 391 of 469 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). 392 of 469 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. 393 of 469 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. 394 of 469 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 395 of 469 ` 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 396 of 469 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 1 397 of 469 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 398 of 469 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 399 of 469 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 400 of 469 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 401 of 469 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 -- 402 of 469 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 5 403 of 469 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 5 404 of 469 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 5 405 of 469 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 5 406 of 469 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 5 407 of 469 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 -10 408 of 469 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] 409 of 469 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 410 of 469 CC/CDC-HA Agenda 9/6/2016 — Page 411 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 411 of 469 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 412 of 469 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. 413 of 469 [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 414 of 469 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. 415 of 469 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 416 of 469 CC/CDC-HA Agenda 9/6/2016 — Page 417 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) 417 of 469 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 418 of 469 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 4 419 of 469 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 4 420 of 469 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 4 421 of 469 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 4 422 of 469 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 4 423 of 469 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 424 of 469 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 4 425 of 469 TITLE: City Council Attendance at Staff -Level Working Groups POLICY # 118 ADOPTED: June21, 2016 AMENDED: 3. Using the criteria established by this policy, the attendees will be rotated after a period of two (2) years if the working group is still in existence, following the same process of notification and selection outlined above. Any such rotation wiir respect the prohibition against serial meetings. Effective Date of Two -Year Period This two-year period shall be applied retroactively two years from the date of policy adoption to any City Councilmember(s) participating on a staff -level working oroup(s) at the time of policy adoption. All future participation will be for a period of two years from the Date of Determination. ADOPTED: Juno 21, 2016 AMENDED: Related Policy References City Council Policy #108 National City Municipal Code, Chapter 2.01 Government Code section 34851, et. seq. Ralph M. Brown Act Rosenberg's Rules of Order Prior Policy Amendments None Page 4 of 4 Formatted: Indent: Left 4S", No bullets or numbering 426 of 469 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 427 of 469 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 4 428 of 469 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 4 429 of 469 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 430 of 469 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 3 431 of 469 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 432 of 469 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 4 433 of 469 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 4 434 of 469 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 4 435 of 469 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 4 436 of 469 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 437 of 469 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 1 438 of 469 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: 439 of 469 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. 440 of 469 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 f A. 441 of 469 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 442 of 469 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 rr� 443 of 469 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 444 of 469 "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 445 of 469 Book 98 'Page 79 04-49-2018 STAFF REPORTS (cont.) AQUATIC CENTER ADMIN (702-13-ii) 24. Update on Negotiations with Southwestern College to Operate the National City Aquatic Center. (Community Services) Brad 1Rauiston, Executive Director reported that the Southwestern College Board deferrer direction to staff to a future meeting when they intend to bring back a refined staff report proposing a pilot program for Southwestern College to operate the Aquatic Center. in the interim, staff is working to program the facility with Contract instructors and other suitable users based on a F cilities Use Permit that would allow the facility to be used during a summ r. The goal is to open the facility on June 8th or 9rh. KIMBALL PARK I SKATE PARK ADMIN (702.14 25. Update on Skate Park Opening. (Engineering) Steve Manganiello, City Engineer/Public Works Director announced that the Skate Park will officially open to the public on April 20th and there will be a'formal grand opening event in conjunction with Movies in the Park on June 10th. MAYOR AND CITY COUNCIL Member Mendivil reported that he participated with Police Department as a volunteer for Dream Center along with others In the river bottom dealing with the homeless and found it very rewarding. Mr. Mendivil suggested inviting the National School District Mariacfii group to perform at a Council meeting and be recognized, and reminded everyone that the National Day of Prayer Is May 5Th in Kimball Bowl. Member Mendivil made a motion, seconded by Cano, that staff brine back at the net meeting an agenda Item to discuss the Pprt Step 41riirnittee grid kw it is the = r .r i..: * qa� .oartloil ate,J 't cprrmrf(ee. trled`-by.1he fdilawrhg vote, t;. tw Ayes; Cano, Mendivil,. Morrison. Nays: Rios, Sbtelo-Stills. Abstain: None. Absent: None, Member Sotelo-Solis said. she attended the Environmental. Health. Coalition Gala; testl d gaVre the Legislature on the Environmental JustieW8111 and-.spolce at the b le San Disgadership Alliance. Member Sotelb-S lis said the w,es interested in afi in-house Economic Development person; look{ng into securrnw a grocery store on the west side and had invited a representative from SANDAL to make a presentation to Council on crime statistics. 446 of 469 MEETING DATE; IT M 'I'iTLE 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 AGENDA ITEM NO. DEPARTMENT: City Manager APPROVED BY; APPROVED APPROVED: FINAL ADCP?"IQN:rri BOARD t CO4 (MISSION RECOMMENDATION: �1ilA ATTACHMENTS: Staff Report Finance MIS ,, 447 of 469 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. 448 of 469 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 449 of 469 CC/CDC-HA Agenda 9/6/2016 — Page 450 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) 450 of 469 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. 451 of 469 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 1:50 452 of 469 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• 453 of 469 HULL NATIONAL CITY HISTORIC MARINA DISTRICT South West Perspective - Pedestrian Plaza August 31, 2016 454 of 469 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 National City Bayfront Map 455 of 469 Attachment H to Agenda File No. 2016-0186 f--Nor Preliminary Proposed Alignment of Bayshore Bikeway Segment 5 Tidelands Avenue Closure Project First Point of Rest Mean High Tide Line • National * Distribution • » Center • • 11 � _ 1` MII=MIMIMO� • :a J CIVIC CENTER DR • _I ,L W li-I�_ • O T N CO v HARRISON AV oZ W 16TH ST > W Q— J ? JQ W Z r YI IIIJ W Q c. J —I 0 —I W 20TH ST Q Q z 74 v a z co a 0 W21STST= Ix z J• D l'- W 22ND ST -p _I _I J `) W 14TH ST W 15TH ST W 16TH ST • • 1 • • • 1 CLEVELAND AV K 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 Marina District and Balanced Land Use Plan Pepper Piewu2 RA P P • OFF I"' vs Park R _ 1 0�, A " ,� ! / - - - L --,ii ..Fir. �i gb' �� Proposed Projects Currently Recommended for CEQA Analysis 456 of 469 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 kr ! F, ---------'A., • k B5 it f 2.32 ac. ;. AREA / 84 f 4.17ac. f7 1.78ac • N s ^/`% I %� t 163ac. 3.65 ac. -------- SITE BOUNDARY MEAN HIGH TIDE LINE -•-------- REFUGE BOUNDARY �I LANDMARKS // / •/, HABITAT BUFFER 21) 82 1.40 ac. • ac MARINA 16.75 ac. A B6 4.93 ac. 81 2.22 ac. - AQUATIC CENTRE SITE BOUNDARY II1Vru «bo..i EDGE OF DELINEATED WETWJD ISO' HABITAT BUFFER RERJGE BOUNCANY 200SETBACK FRO RUFUGc BOUNDARY EDGE CF DELINEATED NETIANII 201Y SETBACK FROM REFUGE BOUNDARY Ipy' MABRAT BUFFER SA,M.DIEGO BAY NATIONAL WILDLIFE REFUGE PARADISE VALLEY CURRENT RAILWAY LINE PROPOSED RAILWAY LINE •-•-•-•-•-•-•-•- SETBACK LINE PARK(PLAZA UTILITY ACCESS 1F-M11 MARINE RELATED INDUSTRIAL COMMERCIAL RECREATION VISUAL. PEDESTRIAN/ BIKE, 8 EMERGENCY ACCESS STREET MARINE TERMINAL Preferred Land Use Alternative 457 of 469 CC/CDC-HA Agenda 9/6/2016 — Page 458 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 458 of 469 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 459 of 469 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 460 of 469 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. 461 of 469 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 462 of 469 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 463 of 469 CC/CDC-HA Agenda 9/6/2016 — Page 464 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) 464 of 469 Item # 09/06/16 Fiscal Year 2015 Comprehensive Annual Financial Report (CAFR) and Popular Annual Financial Report (PAFR) awards (Finance). 465 of 469 CC/CDC-HA Agenda 9/6/2016 — Page 466 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) 466 of 469 Item # 09/06/16 Update on Proposition 64 — the California Marijuana Legalization Initiative to legalize recreational marijuana. City Attorney 467 of 469 CC/CDC-HA Agenda 9/6/2016 — Page 468 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. 468 of 469 Item # 09/06/16 Elected Official Participants on City Manager Working Group (City staff and Port staff working group) Report Out. 469 of 469