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HomeMy WebLinkAboutDraft Agenda Packet - 05-07-19 CC HA AgendaAGENDA OF A REGULAR MEETING - NATIONAL CITY CITY COUNCIL/ COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY CALIFORNIA NATIONAL CI7ny INCORPORATED ALEJANDRA SOTELO-SOLIS Mayor RON MORRISON Vice Mayor JERRY CANO Councilmember GONZALO QUINTERO Councilmember MONA RIOS Councilmember 1243 National City Blvd. National City, CA 91950 619-336-4240 Meeting agendas and minutes available on web WWW.NATIONALCITYCA. GOV COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CALIFORNIA TUESDAY, MAY 7, 2019 - 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 Meetings begin in Open Session at 5:00 p.m. or such other time as noted, and after announcing closed session items, convenes into a Closed Meeting. 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 unrelated. 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 1 of 271 CC/CDC-HA Agenda 5/7/2019 — Page 2 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 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. Spanish to English interpretation services are available to members of the public who wish to speak to the City Council during the meeting. "Request to Speak" forms requesting interpretation must be filed within the first two hours of the meeting. Espanol a los servicios de interpretacion Ingles de audio esta disponibles para los miembros del publico que desean hablar con el Ayuntamiento durante del Consejo Municipal. "Solicitud para hablar de" formas solicitud de interpretacion deben ser presentadas dentro de las dos primeras horas del Consejo Municipal. COUNCIL REQUESTS THAT ALL CELL PHONES AND PAGERS BE TURNED OFF DURING CITY COUNCIL MEETINGS. 2 of 271 CC/CDC-HA Agenda 5/7/2019 — 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 AND CERTIFICATES 1. Proclaiming May 19 through May 25, 2019 as "National City Public Works Week" 2. Proclaiming May 2019 as "Water Safety and Drowning Prevention Month" AWARDS AND RECOGNITIONS PRESENTATIONS 3. Presentation on Public Woks Projects and Quality of Life Program. (Engineering/Public Works) 4. Recap of Community Service Day held on Saturday, April 27, 2019 at El Toyon Park and Kimball Park. (Community Services) 5. Presentation on Las Palmas Pool Operations by EXOS. (Community Services) INTERVIEWS / APPOINTMENTS 6. Interviews and Appointments: Various Boards & Commissions. (City Clerk) CONSENT CALENDAR 7. Motion of the City Council of the City of National City approving the waiving of the reading of the text of the Ordinances considered at this meeting and providing that such Ordinances shall be introduced and/or adopted after a reading of the title only. (City Clerk) 3 of 271 CC/CDC-HA Agenda 5/7/2019 — Page 4 8. Approval of the Minutes of the Special Meetings of the City Council of the City of National City of January 29, 2019, February 5, 2019, and April 11, 2019. (City Clerk) 9. Resolution of the City Council of the City of National City approving and authorizing the Mayor to sign the First Amendment to the Agreement by and between the City of National City and Fire Prevention Services, Inc. for weed and litter abatement services. (Fire) 10. Resolution of the City Council of the City of National City approving and authorizing 1) the Mayor to execute the Standard Assurances for the FY18 State Homeland Security Grant Program and 2) the establishment of Reimbursable Grants City -Wide Fund appropriations and corresponding revenue budgets each in amounts totaling $51,048 for FY18 State Homeland Security Grant Program funds for a reimbursable grant purchase of equipment for the Police and Fire Departments. (Fire) 11. Resolution of the City Council of the City of National City approving the Mayor to execute an Agreement between the City of San Diego Office of Homeland Security and the City of National City, and authorizing the establishment of an appropriation and corresponding revenue budget in the amount of $32,432 from the FY18 Urban Area Security Initiative (UASI) Grant Funds for the reimbursable grant purchase of equipment, planning, and training for the Police and Fire Departments. (Fire) 12. Resolution of the City Council of the City of National City Approving the Memorandum of Understanding (MOU) between the City and the National City Firefighters' Association (NCFFA). (Human Resources) 13. Resolution of the City Council of the City of National City approving the establishment of an Engineering Grants Fund appropriation of $644,672 and corresponding revenue budget to allow for reimbursement of eligible project expenditures through the California Department of Natural Resources Urban Greening Grant Program for the Paradise Creek Educational Park Extension Project. (Engineering/Public Works) 14. Resolution of the City Council of the City of National City approving the establishment of an Engineering Grants Fund appropriation of $1,151,265 and corresponding revenue budget to allow for reimbursement of eligible project expenditures through the California Department of Natural Resources Urban Greening Grant Program for the Paradise Creek Park Project. (Engineering/Public Works) 15. The Chief of Police entered into an 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 4 of 271 CC/CDC-HA Agenda 5/7/2019 — Page 5 (R3G). We are requesting the acceptance of an additional $20,000.00 for the current R3G grant to off -set overtime cost. (Police) 16. Warrant Register #40 for the period of 03/27/19 through 04/02/19 in the amount of $1,851,893.06. (Finance) 17. Warrant Register #41 for the period of 04/03/19 through 04/09/19 in the amount of $1,343,219.94. (Finance) PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS 18. Public Hearing and Adoption of an Ordinance of the City Council of the City of National City amending the National City Municipal Code by amending Chapter 9.06 (Food vending), Chapter 10.22 (Sales activity and solicitation from or affecting vehicles, traffic, public property and areas, and commercial parking areas), Chapter 10.52 (Regulations for the use of municipal parks, playgrounds and golf courses), and adding Chapter 13.30 regarding vending on City sidewalks and pedestrian pathways. (Applicant: City -Initiated Amendment) (Case File 2018-26 A) (Planning) NON CONSENT RESOLUTIONS 19. Resolution of the City Council of the City of National City initiating proceedings for the levy and collection of assessments for Landscape Maintenance District No. 1 (Mile of Cars) for Fiscal Year 2019/20. (Planning) 20. Resolution of the City Council of the City of National City approving the Engineer's Report for Landscape Maintenance District No. 1 (Mile of Cars) for Fiscal Year 2019/20. (Planning) 21. Resolution of the City Council of the City of National City declaring its intention to conduct a public hearing on June 4, 2019 and to levy and collect assessments for Landscape Maintenance District No. 1 (Mile of Cars) for Fiscal Year 2019/20. (Planning) 22. Resolution of the City Council of the City of National City approving an agreement by and between the City of National City and The Altum Group for professional services to implement the amortization of nonconforming uses within the Westside Specific Plan. (Planning) 23. Resolution of the City Council of the City of National City authorizing the City Manager to execute an agreement with San Diego Metropolitan Transit System to license and regulate for -hire vehicles operating in the City of National City at no cost to the City. (Finance) NEW BUSINESS 5 of 271 CC/CDC-HA Agenda 5/7/2019 — Page 6 B. COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY CONSENT RESOLUTIONS - HOUSING AUTHORITY PUBLIC HEARINGS: RESOLUTIONS - HOUSING AUTHORITY NON CONSENT RESOLUTIONS - HOUSING AUTHORITY NEW BUSINESS - HOUSING AUTHORITY C. REPORTS STAFF REPORTS MAYOR AND CITY COUNCIL CLOSED SESSION REPORT ADJOURNMENT Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City - Tuesday - May 21, 2019 - 6:00 p.m. - Council Chambers - National City, California. CITY COUNCIL SUMMER LEGISLATIVE RECESS July 2, 2019 - City Council Meeting - Dispensed With July 16, 2019 - City Council Meeting - Dispensed With 6 of 271 CC/CDC-HA Agenda 5/7/2019 — Page 7 The following page(s) contain the backup material for Agenda Item: Proclaiming May 19 through May 25, 2019 as "National City Public Works Week" Please scroll down to view the backup material. 7 of 271 Item # 05/07/19 Proclaiming May 19 through May 25, 2019 as "National City Public Works Week" Proclamation Forthcoming 8 of 271 CC/CDC-HA Agenda 5/7/2019 — Page 9 The following page(s) contain the backup material for Agenda Item: Proclaiming May 2019 as "Water Safety and Drowning Prevention Month" Please scroll down to view the backup material. 9 of 271 Item # 5/7/19 Proclaiming May 2019 as "Water Safety and Drowning Prevention Month". (Community Services) Proclamation Forthcoming 10 of 271 CC/CDC-HA Agenda 5/7/2019 — Page 11 The following page(s) contain the backup material for Agenda Item: Presentation on Public Woks Projects and Quality of Life Program. (Engineering/Public Works) Please scroll down to view the backup material. 11 of 271 Item 5/7/2019 PRESENTATION ON PUBLIC WORKS PROJECTS AND QUALITY OF LIFE PROGRAM (ENGINEERING/PUBLIC WORKS) 12 of 271 CC/CDC-HA Agenda 5/7/2019 — Page 13 The following page(s) contain the backup material for Agenda Item: Recap of Community Service Day held on Saturday, April 27, 2019 at El Toyon Park and Kimball Park. (Community Services) Please scroll down to view the backup material. 13 of 271 Item # 5/7/19 Recap of Community Service Day held on Saturday, April 27, 2019 at El Toyon Park and Kimball Park. (Community Services) 14 of 271 CC/CDC-HA Agenda 5/7/2019 — Page 15 The following page(s) contain the backup material for Agenda Item: Presentation on Las Patinas Pool Operations by EXOS. (Community Services) Please scroll down to view the backup material. Item # 5/7/19 Presentation on Las Palmas Pool Operations by EXOS. (Community Services) 16 of 271 CC/CDC-HA Agenda 5/7/2019 — Page 17 The following page(s) contain the backup material for Agenda Item: Interviews and Appointments: Various Boards & Commissions. (City Clerk) Please scroll down to view the backup material. 17 of 271 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 7, 2019 AGENDA ITEM NO. ITEM TITLE: Interviews and Appointments: Various Boards & Commissions. (City Clerk) PREPARED BY: Michael R. Dalla / Cheryl Newell DEPARTMENT: City Clerk PHONE: 619-336-4226 APPROVED BY: EXPLANATION: See attached. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Interview and appoint as desired. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Explanation Applications 1Rnf971 1 BOARDS & COMMISSIONS - CURRENT VACANCIES AND EXPIRED TERMS May 7, 2019 LIBRARY BOARD OF TRUSTEES (Appointing Authority: Mayor, subject to confirmation by City Council) There is one (1) unexpired term on the Library Board and three (3) applicants (H. Bradley Bang, Cheryl Howrey Colmenaro, and Christina Griffin -Jones). Name Interviewed H. Bradley Bang Yes Cheryl Howrey Colmenaro Yes Christina Griffin -Jones Yes (Also applied for Planning & Art) PUBLIC ART COMMITTEE (Appointing Authority: Mayor, subject to confirmation by City Council) There are two (2) vacancies on the Public Art Committee and three (3) applicants (Christina Griffin -Jones, Meliha Montenegro, and Charles Reilly). Mr. Reilly, who represents the City on the Port Public Art Committee, has expressed a desire to serve on National City's Public Art Committee; Mr. Reilly regularly attends the Public Art Committee meetings. Name Interviewed Christina Griffin -Jones Yes (Also applied for Planning & Library) Meliha Montenegro Yes Charles Reilly Yes COMMUNITY AND POLICE RELATIONS COMMISSION (Appointing Authority: Mayor, subject to confirmation by City Council) There is one (1) expiring term (Zachary Gomez) and two (2) vacancies on the CPRC. Mr. Gomez was appointed 8 months ago. Per City Council Policy #107, he may be re -appointed to a full term without considering other candidates. There are five (5) applicants (Stephen DelaCruz, Marianne Delatorre, Robert Angel, Nicanora Montenegro, and Coyote Moon) for the two (2) vacant positions. One (1) additional applicant submitted an incomplete application. Note: A maximum of two (2) non-residents may be appointed to the CPRC. Currently, there is one (1) non-resident position available for consideration. Name Interviewed Zachary Gomez Incumbent (Also on PRSCAB) Stephen DelaCruz No (Also applied for Planning & Veterans) Marianne Delatorre No Robert Angel Yes Nicanora Montenegro Yes Coyote Moon Yes (Currently serving on Traffic Safety) 1 19 of 271 BOARDS & COMMISSIONS - CURRENT VACANCIES AND EXPIRED TERMS May 7, 2019 PLANNING COMMISSION (Appointing Authority: City Council) There is one (1) expiring term (Ditas Yamane) and one (1) vacancy (Gonzalo Quintero) on the Planning Commission. Ms. Yamane has indicated a desire to be re -appointed. There are seven (7) applicants (Stephen DelaCruz, Luis Natividad, Frank Scott, Chris Butcher, Cheryl Howrey Colmenaro, Sherry Gogue, and Daniel Perez). Name Ditas Yamane Stephen DelaCruz Luis Natividad Frank Scott Chris Butcher Cheryl Howrey Colmenaro Sherry Gogue Daniel Perez Interviewed Incumbent No (Also applied for CPRC & Veterans) No No Yes (Appointed to PRSCAB 11-20-18) Yes Yes (Appointed to Library 12-04-18) Yes VETERANS & MILITARY FAMILIES (Appointing Authority: Mayor, subject to confirmation by City Council) There is one (1) vacancy on the Veterans & Military Families Committee and there are three (3) applicants (Harold Aranda, Stephen DelaCruz, and Sherry Gogue). Name Interviewed Harold Aranda Stephen DelaCruz Sherry Gogue 2 No No Yes (Also applied for Planning & CPRC) (Appointed to Library on 12-04-18; also applied for Planning Commission) 20 of 271 CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES (/Community & Police Relations Commission* (CPRC) Library Board of Trustees Parks, Recreation -&-Senior Citizens Advisory -Board Veterans & Military Families Advisory Committee* _ Civil Service Committee Planning Commission Public -Art -Committee* _ Traffic Safety Committee > Applicants must be residents of the City of National City except for those marked by an * and all applicants must be U.S. Citizens. > Applicants for the Community and Police Relations Commission must pass a criminal background check prior to appointment. Name: ; A,0 h41A E-Mail: ` l, f- .*41=%. Home Address: /s 5 c ,y043q /vs, 0 919CaTel, Business Affiliation: 1i i; /14A) Business Address: Tel. No.: Title: Length of Residence in National City: 24 San Diego County: 24, California: Edu ational Background: y}° 6/'Ad c18-er, 3A�-Oc ational Ex erience: C- t pnle-'ii ry leaf r Ill Professional or Technical Organization Memberships: /) e/d%chici /tAJ . /9 a 4`1L 4y/F @yJ2) f Civic or Community Experience, Membership, or Previous Public Service Appointments: Experience or Special Knowledge Pertaining to Area of Interest: j,.4r, _, 'r; Ar L.0 /1.?,c- a PieC Have you ever been convicted of a felony crime? No:es: misdemeanor crime? No: Yes: If any convictions were expunged disclosure is not required. Convictions are not necessarily disqualifying. Please feel free to provide an explanation or information regarding yes answers to the above two questions. Date: ? Signature: tin AP! JAZZ. ark, Please feel free to provide additional information or letters of endorsement. Return completed form to: Office of the City Clerk, 1243 National City Blvd., National City, CA 91950 Thank you for your interest in serving the City of National City. Pursuant to the California Public Records Act, information on this form Revised: February 2019 may be released to the public upon request. 1 21 of 271 Supplemental Application: National City Community and Police Relations Commission The National City Community and Police Relations Commission serves as an independent, unbiased and impartial office that is readily available to the public. It is an organization for the improvement of police and community relations and the facilitation of disputes whenever possible. It provides a forum for citizens to voice their concerns, comment about police conduct, practices and policies and improves communication between citizens and the National City Police Department The National City Community and Police Relations Commission is empowered to receive and review complaints regarding National City Police Department Personnel for alleged misconduct, and to recommend appropriate changes of Police Department policies and procedures toward the goals of safeguarding the rights of persons and promoting higher standards of competency, efficiency and justice in the provision of community policing services. Applicants must be completely forthright and truthful during the application process. Applicants may be disqualified in the background process as a result of dishonesty and/or purposely omitting information regarding one's criminal history. Given the complexity of this Commission and its duties, it is necessary to pass a criminal background check prior to appointment by City Council and/or swearing in as Commissioner. The Human Resources department will contact you to schedule the criminal background process when, and if appropriate. It is important to note that you fill out this application completely and honestly to the best of your abilities. Failure to disclose your criminal history may result in disqualification. If a conviction has been expunged disclosure is not required. Applicant Name:/-4-)z0 I 4- Have you ever been convicted of a felony crime: No: ✓ Yes: Have you been convicted of a misdemeanor: No: ✓ Yes: If any convictions were expunged disclosure is not required. Please feel free to provide an explanation or information regarding yes answers to the above two questions. There may be circumstances that could disqualify an applicant from the background process beyond the listed crimes below. Each incident is evaluated in terms of the circumstances and facts surrounding its occurrence and its degree of relevance to the position. **Disqualifying criteria for Community and Police Relations Commissioner are listed on the back of this form. 2 22 of 271 CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES Community & Police Relations Commission* (CPRC) Library Board of Trustees L/ Parks,_Recraation_&_Senior_C.itizens-Advisory-Board if Veterans & Military Families Advisory Committee* Civil Service Committee ✓Planning Commission _ Public -Art Committee* Traffic Safety Committee > Applicants must be residents of the City of National City except for those marked by an * and all applicants must be U.S. Citizens. > Applicants for the Community and Police Relations Commission must pass a criminal background check prior to appointment. Name: S)reikks Dom[ r)c..W2 Home Address: DU?, F AVE 0203 Business Affiliation: Business Address: Tel. No.: Length of Residence -in National City: _L� San Diego County: , California: Li Educational Background: \ V=5\ SCv oO \ 0 k 0 l 2 y tang 5 iii„IR otQ E-Mail: SO L-PC UZ-C?11S 41 Tel. No.3 )020q Occupational Experience: C.A U 1 1 Lao cog 4-A.Ftc k (JPw 20 y/Ls Professional or Technical Organization Memberships: 1,4 Civic or Community Experience, Memb rship, or Previous Public Service Appointments; 12, i s ' 1u 1� S 640 IS t 04' ( S S w .�-w Sic Experience or Special Knowledge Pertaining to Are of Interest: 10 4G�iZ. 6a5ciord CAp�� ,M1 I -AI K 5(.,001s VC�`u � i� ES Have you ever been convicted of a felony crime? No: ) Yes:_ misdemeanor crime? No:.X Yes: If any convictions were expunged disclosure is not required. Convictions are not necessarily disqualifying. Please feel free to, provide an explanation or information regarding yes answers to the above two questions. • Date:`:Z. � Signature:, Title: ▪ `} x Please feel free to provide additional information or letters o ndors4ent. s ma Return completed form to: Office of the City Clerk, 1243 National City Blvd., National)Cit CA 91950 Thank you for your interest in serving the City of National City. Pursuant to the California Public Records Act, information on this form may be released to the public upon request. 3 Revised; February 2019 23 of 271 Supplemental Application: National City Community and Police Relations Commission The National City Community and Police Relations Commission serves as an independent, unbiased and impartial office that is readily available to the public. It is an organization for the improvement of police and community relations and the facilitation of disputes whenever possible. It provides a forum for citizens to voice their concerns, comment about police conduct, practices and policies and improves communication between citizens and the National City Police Department The National City Community and Police Relations Commission is empowered to receive and review complaints regarding National City Police Department Personnel for alleged misconduct, and to recommend appropriate changes of Police Department policies and procedures toward the goals of safeguarding the rights of persons and promoting higher standards of competency, efficiency and justice in the provision of community policing services. Applicants must be completely forthright and truthful during the application process. Applicants may be disqualified in the background process as a result of dishonesty and/or purposely omitting information regarding one's criminal history. Given the complexity of this Commission and its duties, it is necessary to pass a criminal background check prior to appointment by City Council and/or swearing in as Commissioner. The Human Resources department will contact you to schedule the criminal background process when, and if appropriate. It is important to note that you fill out this application completely and honestly to the best of your abilities, Failure to disclose your criminal history may result in disqualification. If a conviction has been expunged disclosure is not required. Applicant Name: 5\EV \kiiJ Have you ever been convicted of a felony crime: No: X Yes: Have you been convicted of a misdemeanor: No: X Yes: If any convictions were expunged disclosure is not required. Please feel free to provide an explanation or information regarding yes answers to the above two questions. There may be circumstances that could disqualify an applicant from the background process beyond the listed crimes below. Each incident is evaluated in terms of the circumstances and facts surrounding its occurrence and its degree of relevance to the position. **Disqualifying criteria for Community and Police Relations Commissioner are listed on the back of this form. 4 24 of 271 CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES Community & Police Relations Commission* (CPRC) _ Civil Service Committee Library Board of Trustees Planning Commission Parks, Recreation & Senior Citizens Advisory Board Public Art Committee* Veterans& Military Families Advisory Committee* Traffic -Safety -Committee ➢ Applicants must be residents of the City of National City except for those marked by an * and ail applicants must be U.S. Citizens. 9 Applicants for the Community and Police Relations Commission must pass a criminal background check prior to appointment. Name: 4 i Gm'De \c io f E-Mail: (Y' (Ako v c e 062 ra;1, (pm Home Address: S\C SouA\1 T PTV Z 1�u�\lu\'1Ck\ Ci)j j (A "I C-Pel. No.: U 9 ? 1-19 (39 Business Affiliation: Title: — Business Address: Tel. No.: Length of Residence in National City: ,` (9 San Diego County: \S California: 11 Educational Background: ' j. A ()OVAi cir(1 Sc ehCe / ( lft OV1tieS Occupational Experience: s=10 ('fl 1 ate\(1 QtC Oh l e (011e i`ne o'f u IC oQAce(ALV 'Q'cinfOTIv SOCki-6 er\V.Gu\6h 00 0(SO yos3 - (vi4uf d LCrOer Professional or Technical Organization Memberships: Civic or Community Experience, Membership, or Previous Public Service Appointments: UCS-) ����5 (u� tt� tt(eaec �}��\\\e ���#n� dot \ow\ 1)* s(hvv�5 Experience �r 5 (ecia�Knowlie ge i er wrung to Per o tinter st \note c1(;n e rovYll. L' �11 stA\ seS c o\\'(e Ott �un1c\ ail cL�a� 641 oc f[u(es Have you ever been convicted of a felony crime? No:X Yes:_ misdemeanor crime? No: Yes: If any convictions were expunged disclosure is not required. Convictions are not necessarily disqualifying. Please feel free to provide an explanation or information regarding yes answers to the above two questions. Date: o hct Signature: J Please feel free to provide additional information or letters of endorsement. Return completed form to: Office of the City Clerk, 1243 National City Blvd., National City, CA 91950 Thank you for your interest in serving the City of National City, Pursuant to the California Public Records Act, information 3n this form Revised: February 2019 may be released to the public upon request. 25 of 271 Supplemental Application: National City Community and Police Relations Commission The National City Community and Police Relations Commission serves as an independent, unbiased and impartial office that is readily available to the public. It is an organization for the improvement of police and community relations and the facilitation of disputes whenever possible. It provides a forum for citizens to voice their concerns, comment about police conduct, practices and policies and improves communication between citizens and the National City Police Department The National City Community and Police Relations Commission is empowered to receive and review complaints regarding National City Police Department Personnel for alleged misconduct, and to recommend appropriate changes of Police Department policies and procedures toward the goals of safeguarding the rights of persons and promoting higher standards of competency, efficiency and justice in the provision of community policing services. Applicants must be completely forthright and truthful during the application process. Applicants may be disqualified in the background process as a result of dishonesty and/or purposely omitting information regarding one's criminal history. Given the complexity of this Commission and its duties, it is necessary to pass a criminal background check prior to appointment by City Council and/or swearing in as Commissioner. The Human Resources department will contact you to schedule the criminal background process when, and if appropriate. It is important to note that you fill out this application completely and honestly to the best of your abilities. Failure to disclose your criminal history may result in disqualification. If a conviction has been expunged disclosure is not required. Applicant Name: unoL Have you ever been convicted of a felony crime: No: A Yes: Have you been convicted of a misdemeanor: No: Yes: — If any convictions were expunged disclosure is not required. Please feel free to provide an explanation or information regarding yes answers to the above two questions. There may be circumstances that could disqualify an applicant from the background process beyond the listed crimes below. Each incident is evaluated in terms of the circumstances and facts surrounding its occurrence and its degree of relevance to the position. **Disqualifying criteria for Community and Police Relations Commissioner are listed on the rack of this form. 6 26 of 271 Zj'/S. , 7 i t/ V/I) E-Mail: e r .Xe, 3A 6 rl e± Home Address: tW'442 c 0PR Tel. No.: r /'. 0 ® C 19 Business Affiliation: Title: Business Address: Length of Residence in National City: e'6 San Diego County. CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES Community & Police Relations Commission" (CPRC) Library Board of Trustees Parks, Recreation & Senior Citizen_sAdvisory Board Veterans & Military Families Advisory Committee* Civil Service Committee X' Planning Commission Public -Art Committee?' Traffic Safety Committee > Applicants must be residents of the City of National City except for those marked by an * and all applicants must be U.S. Citizens. > Applicants for the Community and Police Relations Commission must pass a criminal background check prior to appointment. Name: Date: Return completed form to: Office of the City Tel. No.: California: Educational Background: Occupational Experience: Q .-r. Professional or Technical Organization emberships: Ag �.i , Civic or Community Experience, Me gao-e ership, or Previous Public Service Appointments: Experience or Area of In Special Knowledge Pertaining tote est: 4�C Have you ever been convicted of a felony crit e? No:Yes: misdemeanor crime'? No:K Yes:_ If any convictions were expunged disclosure is not required. Convictions aR not necessarily disqualifying. Please feel free to provide an explanation or information regarding ps answers to the above two questions. -< rri Please feel free to provide additio information r letters 9'er:orsetent Jerk, 1243 National City Blvd., Nation T'City, CA 91950 Thank you for your interest in serving the City of National City. Pursuant to the California Public Records Act, information on this form may be released to the public upon request. 7 Revised: February 2019 27 of 271 CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS. COMMISSIONS, AND COMMITTEES Community & Police Relations Commission* (CPRC) Civil Service Committee — Library Board of Trustees _X_ Planning Commission Parks, Recreation & Senior Citizens Advisory Board Public Art Committee* Veterans & Military Families Advisory Committee. -- Traffic Safety Committee X Applicants must be residents of the City of National City except for those marked by an * and all applicants must be U.S. Citizens. Li Applicants for the Community and Police Relations Commission must pass a criminal background check prior to appointment. Name: Frank Scott E-Mail: sfrank3551@live. corn Home Address: 905 Bucky Lane Tel. No.: 6197081327 Business Affiliation: N/A Title: Business Address: Tel. No.: Length of Residence in National City: 52 yrs _ San Diego County: California: Educational Background: SAN DIEGO STATE UNIVERSITY, San Diego, CA BA Social Work Occupational Experience: Job Developer / Employment Specialist Professional or Technical Organization Memberships: 4m,€ X Civic or Community Experience, Membership, or Previous Public Service Appoiime Rotary International rm"' Experience or Special Knowledge Pertaining to Area of Interest: Life long resident of National City Have you ever been convicted of a felony crime? No: Yes:misdemeanor crime? No:_ Yes: ff any convictions were expunged disclosure is not required. Convictions are not necessarily disqualifying. Please feel free to provide an explanation or information regarding yes answers to the above.two questions. Date: April 2, 2019 Signature: Please feel free to provide additional information or letters of endorsement. Return completed form to: Office of the City Clerk, 1243 National City Blvd,, National City, CA 91950 Thank you for your interest in serving the City of National City Pursuant to the California Public Records Act, information on this form Revised: February 2019 may be released to the public upon request. 8 28 of 271 CC/CDC-HA Agenda 5/7/2019 — Page 29 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) Please scroll down to view the backup material. 29 of 271 Item # 05/07/19 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) 30 of 271 CC/CDC-HA Agenda 5/7/2019 — Page 31 The following page(s) contain the backup material for Agenda Item: Approval of the Minutes of the Special Meetings of the City Council of the City of National City of January 29, 2019, February 5, 2019, and April 11, 2019. (City Clerk) Please scroll down to view the backup material. 31 of 271 Item # 05/07/19 APPROVAL OF THE MINUTES OF THE SPECIAL MEETINGS OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY OF JANUARY 29, 2019, FEBRUARY 5, 2019, AND APRIL 11, 2019. (City Clerk) 32 of 271 Book 101 / Page 16 01-29-2019 DRAFT DRAFT DRAFT MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY January 29, 2019 The Special Meeting of the City Council of the City of National City was called to order at 6:02 p.m. by Mayor / Chairwoman Alejandra Sotelo-Solis. ROLL CALL Council Members present: Cano, Morrison, Rios, Sotelo-Solis. Administrative Officials present: Dalla, Deese, Morris -Jones, Mosley, Raulston, Williams. PLEDGE OF ALLEGIANCE TO THE FLAG BY MAYOR SOTELO-SOLIS STAFF REPORT City Attorney Angil Morris -Jones advised that the City Council has two courses of action available to fill the current vacancy on the City Council for a term ending December 2020: 1) appoint an eligible applicant or citizen to the vacant seat before February 15, 2019; or 2) hold a special election on November 5, 2019. Attorney Morris -Jones provided new information that the Registrar of Voters has declared a moratorium on elections and, as a result, will not be participating in any elections until 2020. Therefore, a special election to fill the vacancy would have to be conducted solely by the City at an estimated cost range of $850,000 to $1.2 million. CITY COUNCIL VACANCY Mayor Sotelo-Solis reported that eleven (11) individuals submitted the required paperwork which has been verified and determined to be sufficient for them to participate in the interview process. Mayor Sotelo-Solis then outlined the interview protocol that would be followed. All applicants were taken to a secure location outside of the City Council Chambers. Each applicant was called forward by a random draw of names and each was asked the same series of questions from a list compiled from written questions previously submitted by City Council members. CITY COUNCIL VACANCY INTERVIEWS (102-15-2) The following applicants were interviewed in the order listed: • Daniel Perez • Robert (Dukie) Valderrama • R. Mitchel Beauchamp • Stephen DeLaCruz • Ditas Delossantos Yamane • David Hernandez • Richard Shigley • Jose Rodruquez • Sherry Gogue • Gonzalo Quintero • Javier Alvarado 1 33 of 271 Book 101 / Page 17 01-29-2019 RECESS A five-minute recess was called at 8:10 p.m. The meeting reconvened and was called to order at 8:16 p.m. All Members were present. PUBLIC COMMENTS The following individuals spoke in support of Sherry Gogue: Ruben Hernandez, Thomas Lynch, Ashley Barajas, The following individuals spoke in support of Jose Rodriguez: Gretchen Johnson, Victor Torres, Fernanda Flores, Richard Cuevas, Paola Martinez-Montez, and Bradley Bang. The following individuals spoke in support of Ditas Yamane: William Sendt, Faye Marie Sipen, Aurora Cudal, Rita Andrews, Cynthia Suero-Gabler, Femi Coopey, Jacob Veritas, Jenny Torres, Myrna Reyes, Florfina Arce, William Petume, and Ellen (spoke on behalf of Audy Decastro, Philippine Honorary Council of San Diego). Lydia Loristo spoke in opposition to Ditas Yamane. Sunshine Horton, El Cajon, read words of encouragement. The following individuals spoke in support of Robert (Dukie) Valderrama: Daniel Smith, Eddie Perez, Augie Bareno and Gloria -Jean Nieto. BALLOT SELECTION PROCESS Ballots were distributed. Mayor Sotelo-Solis provided instruction on the ballot process to be followed. Each Councilmember was asked to vote for two (2) applicants. Any applicant that received two (2) votes would advance to the second round unless a majority vote is reached. City Clerk Michael Dalla tallied the votes and announced the following results: Gonzalo Quintero received two votes (from Members Cano and Morrison); Ditas Yamane received 2 votes (from Members Cano and Morrison); Dukie Valderrama received 2 votes (from Members Rios and Sotelo-Solis); and Jose Rodriguez received 2 votes (from Members Rios and Sotelo-Solis). Since no applicant received a majority, Mayor Sotelo-Solis asked that each Councilmember cast one (1) vote for one of the four (4) applicants who received two (2) votes in the first round of voting. As a point of clarification, Member Morrison asked if only those who received two votes would be eligible moving forward and all others are ineligible? Mayor Sotelo-Solis responded that only those who received two votes would be eligible. City Clerk Dalla tallied the votes and announced the following results: Ditas Yamane received 2 votes (from Members Cano and Morrison); Dukie Valderrama received 2 votes (from Members Rios and Sotelo-Solis). 2 34 of 271 Book 101 / Page 18 01-29-2019 BALLOT SELECTION PROCESS (cont.) Mayor Sotelo-Solis asked Councilmembers to cast one (1) vote each for one of the two (2) finalists. City Clerk Dalla tallied the votes and announced that there was no change. Ditas Yamane and Dukie Valderrama both received 2 votes each. Mayor Sotelo-Solis stated that since there was no decision reached, the appointment process would be taken up for discussion and consideration at the next Regular Meeting on February 5, 2019. City Attorney Angil Morris -Jones confirmed that the item will continue and be on the Regular Meeting agenda on February 5tn ADJOURNMENT Motion by Morrison, seconded by Rios, to adjourn the meeting to the next Regular Meeting of the City Council and Community Development Commission — Housing Authority of the City of National City - Tuesday, February 5, 2019 - 6:00 p.m. - Council Chambers - National City, California. Carried by unanimous vote. Next Regular City Council Meeting: Tuesday, February 5, 2019, 6:00 p.m., City Council Chambers, Civic Center — National City, California. The meeting adjourned at 9:23 p.m. City Clerk The foregoing minutes were approved at the Adjourned Regular Meeting of May 7, 2019. Mayor 3 35 of 271 Book 101 / Page 19 02-05-2019 DRAFT DRAFT DRAFT MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY February 5, 2019 The Special Meeting of the City Council of the City of National City was called to order at 5:01 p.m. by Mayor / Chairwoman Alejandra Sotelo-Solis. ROLL CALL Council / Board members present: Cano, Morrison, Rios, Sotelo-Solis. Administrative Officials present: Dalla, Deese, Morris -Jones, Raulston, Vergara. PUBLIC COMMENTS - None Members retired into Closed Session at 5:03 p.m. CLOSED SESSION 1. Conference with Legal Counsel — Pending Litigation Existing Litigation under Government Code Section 54956.9(d)(1) Elizabeth Lopez v. City of National City, et al. SDSC Case No. 37-2018-00056986-CU-OR-CTL 2. Conference with Legal Counsel — Pending Litigation Existing Litigation under Government Code Section 54956.9(d)(1) Carlsbad Police Officers Association, et al., v. City of Carlsbad, et al. SDSC Case No. 37-2019-00005450-CU-PO-CTL 3. Conference with Legal Counsel — Potential Litigation: One case Potential Litigation Pursuant to Government Code Section 54956.9(e)(1) ADJOURNMENT Next Regular City Council Meeting: Tuesday, February 5, 2019 - 6:00 p.m., City Council Chambers, Civic Center — National City, California. City Clerk The foregoing minutes were approved at the Regular Meeting of May 7, 2019. Mayor 4 36 of 271 Book 101 / Page XX 04-11-2019 DRAFT DRAFT DRAFT MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY April 11, 2019 The Special Meeting of the City Council of the City of National City was called to order at 6:03 p.m. by Mayor / Chairwoman Alejandra Sotelo-Solis. ROLL CALL Council / Board members present: Cano, Morrison, Rios, Sotelo-Solis. Council / Board members absent: Quintero. Administrative Officials present: Dalla, Manganiello, Morris -Jones, Raulston. CITY COUNCIL OPEN SESSION PUBLIC COMMENTS — None. Members retired into Closed Session at 6:03 p.m. CLOSED SESSION 1. Personnel Matter — Government Code Section 54957(b)(1) Public Employee Position — City Manager Selection Process ADJOURNMENT Next Regular City Council Meeting: Tuesday, April 16, 2019 - 6:00 p.m., City Council Chambers, Civic Center — National City, California. City Clerk The foregoing minutes were approved at the Regular Meeting of May 7, 2019. Mayor 5 37 of 271 CC/CDC-HA Agenda 5/7/2019 — Page 38 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City approving and authorizing the Mayor to sign the First Amendment to the Agreement by and between the City of National City and Fire Prevention Services, Inc. for weed and litter abatement services. (Fire) Please scroll down to view the backup material. 38 of 271 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 7, 2019 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City approving and authorizing the Mayor to sign the First Amendment to the Agreement by and between the City of National City and Fire Prevention Services, Inc. for weed and litter abatement services. (Fire) PREPARED BY: Frank Parra DEPARTMENT: Fi PHONE: 619-336-4551 APPROVED BY: EXPLANATION: On May 19, 2015, the City Council adopted Resolution No. 2015-74 to enter into an Agreement with Fire Prevention Services, Inc. to provide weed and litter abatement services to the City for 4 years, from May 19, 2015 through May 18, 2019. The Fire Department would like to extend the current Agreement for a period of 1-year from May 19, 2019 through May 18, 2020. This will allow a Request for Proposal to be processed for weed and litter abatement services. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: - Finance APPROVED: MIS Fire Prevention Services, Inc. will receive compensation for services from property owners, and not the City. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Staff recommends approving and authorizing the Mayor to sign the First Amendment to the Agreement by and between the City of National City and Fire Prevention Services, Inc. for weed and litter abatement services. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: First Amendment to the Agreement by and between the City of National City and Fire Prevention Services, Inc. Resolution 39 of 271 FIRST AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND FIRE PREVENTION SERVICES, INC. THIS FIRST AMENDMENT TO THE AGREEMENT is entered into this 7th day of May, 2019, by and between the City of National City, a municipal corporation ("CITY"), and the Fire Prevention Services, Inc., a California corporation ("CONTRACTOR"). RECITALS WHEREAS, on May 19, 2015, the CITY and CONTRACTOR entered into an Agreement entitled "Agreement by and between the City of National City and Fire Prevention Services, Inc."; and WHEREAS, the term of the Agreement was effective as of May 19, 2015 through May 18, 2019, four (4) years after its inception; and WHEREAS, the CITY and CONTRACTOR desire to extend the term of the Agreement for one (1) year, from May 19, 2019 to May 18, 2020; and NOW, THEREFORE, in consideration of the mutual benefit to be derived therefrom, the CITY and CONTRACTOR agree as follows: 1. The term of the Agreement is extended for an additional one (1) year from May 19, 2019 to May 18, 2020. 2. The parties further agree that with the foregoing exception, each and every term and provision of the Agreement by and between the CITY and CONTRACTOR, dated May 19, 2015, shall remain in full force and effect. [Continued on Page 21 1 40 of 271 IN WITNESS WHEREOF, this First Amendment is executed by the City of National City and Fire Prevention Services, Inc. CITY OF NATIONAL CITY FIRE PREVENTION SERVICES, INC. By: By: Alejandra Sotelo-Solis, Mayor Kenny Osborn, President APPROVED AS TO FORM: By: Angil P. Morris Jones City Attorney By: Theresa Osborn, Secretary 2 41 of 271 CC/CDC-HA Agenda 5/7/2019 — Page 42 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City approving and authorizing 1) the Mayor to execute the Standard Assurances for the FY18 State Homeland Security Grant Program and 2) the establishment of Reimbursable Grants City -Wide Fund appropriations and corresponding revenue budgets each in amounts totaling $51,048 for FY18 State Homeland Security Grant Program funds for a reimbursable grant purchase of equipment for the Police and Fire Departments. (Fire) Please scroll down to view the backup material. 42 of 271 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 7, 2019 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City approving and authorizing 1) the Mayor to execute the Standard Assurances for the FY18 State Homeland Security Grant Program and 2) the establishment of Reimbursable Grants City -Wide Fund appropriations and corresponding revenue budgets each in amounts totaling $51,048 for FY18 State Homeland Security Grant Program funds for a reimbursable grant purchase of equipment for the Police and Fire Departments. (Fire) PREPARED BY: Frank Parra DEPARTMENT: PHONE: 619-336-4551 APPROVED BY: EXPLANATION: The FY18 State Homeland Security Grant Program was designed to supplement the purchase of equipment, training, exercises, and planning for Police and Fire personnel. The San Diego County Office of Emergency Services coordinates the requests for equipment, training, exercises, and planning. In order to receive grant funds, National City must authorize the submission of the Standard Assurances for the FY18 State Homeland Security Grant Program. National City's allocation was $50,219 and Lincoln Acres was $829 for a grand total of $51,048 for equipment. The equipment funds will be divided evenly between the City's Police and Fire Department. This grant program requires the City to incur expenses, and then apply for reimbursement. In order to be eligible for reimbursement, the Police and Fire Departments must purchase and/or receive the items prior to the May 31, 2020 deadline. Staff recommends the utilization of $51,048 of City funds for equipment for the Police and Fire Department, and to request reimbursement for such expenses from the San Diego County Office of Emergency Services. FINANCIAL STATEMENT: APPROVED�j mance ACCOUNT NO. 282-411-950-355-0000 $25,524.00 APPROVED: // MIS 282-412-950-355-0000 $25,524.00 No City match required. ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt Resolution. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: California Governor's Office of Emergency Services FY2018 Standard Assurances FY18 SHSG Approved Allocation Resolution 143 of 271 Cal OES GOVERNOR'S OFFICE OF EMERGENCY SERVICES Standard Assurances For All Cal OES Federal Grant Programs As the duly authorized representative of the Applicant, I hereby certify that the Applicant has the legal authority to apply for federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay any non-federal share of project cost) to ensure proper planning, management, and completion of the project described in this application, within prescribed timelines. further acknowledge that the Applicant is responsible for reviewing and adhering to all requirements within the: (a) Applicable Federal Regulations (see below); (b) Federal Program Notice of Funding Opportunity (NOFO); (c) California Supplement to the NOFO; and (d) Federal and State Grant Program Guidelines. Federal Regulations Government cost principles, uniform administrative requirements, and audit requirements for federal grant programs are set forth in Title 2, Part 200 of the Code of Federal Regulations (C.F.R.). Updates are issued by the Office of Management and Budget (OMB) and can be found at http://www.whitehouse.gov/omb/. Significant state and federal grant award requirements (some of which appear in the documents listed above) are set forth below. The Applicant hereby agrees to comply with the following: 1. Proof of Authority The Applicant will obtain written authorization from the city council, governing board, or authorized body in support of this project. This written authorization must specify that the Applicant and the city council, governing board, or authorized body agree: (a) To provide all matching funds required for the grant project and that any cash match will be appropriated as required; (b) Any liability arising out of the performance of this agreement shall be the responsibility of the Applicant and the city council, governing board, or authorized body; (c) Grant funds shall not be used to supplant expenditures controlled by the city council, governing board, or authorized body, and (d) The official executing this agreement is, in fact, authorized to do so. This Proof of Authority must be maintained on file and readily available upon request. Homeland Security Grant Program (HSGP) — 2018 Grant Assurances Page 1 of 11 Initials 44 of 271 2. Period of Performance The Applicant will initiate work after approval of the award and complete all work within the period of performance specified in the grant. 3. Lobbying and Political Activities As required by Section 1352, Title 31 of the United States Code (U.S.C.), for persons entering into a contract, grant, loan, or cooperative agreement from an agency or requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan, the Applicant certifies that: (a) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (b) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. (c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. The Applicant will also comply with provisions of the Hatch Act (5 U.S.C. §§ 1501-1508 and §§ 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds. Finally, the Applicant agrees that federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation or policy without the express written approval from the California Governor's Office of Emergency Services (Cal OES) or the federal awarding agency. 4. Debarment and Suspension As required by Executive Orders 12549 and 12689, and 2 C.F.R. § 200.213 and codified in 2 C.F.R. Part 180, Debarment and Suspension, the Applicant will provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the federal government. The Applicant certifies that it and its principals, subgrantees, recipients or subrecipients: Homeland Security Grant Program (HSGP) — 2018 Grant Assurances Page 2of11 Initials 45 of 271 (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; (b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (2)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transaction (federal, state, or local) terminated for cause or default. Where the Applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 5. Non -Discrimination and Equal Employment Opportunity The Applicant will comply with all federal statutes relating to non-discrimination. These include, but are not limited to, the following: (a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 42 U.S.C. § 2000d et. seq.) which prohibits discrimination on the basis of race, color, or national origin and requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services; (b) Title IX of the Education Amendments of 1972, (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex in any federally funded educational program or activity; (c) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794), which prohibits discrimination against those with disabilities or access and functional needs; (d) Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability and requires buildings and structures be accessible to those with disabilities and access and functional needs (42 U.S.C. §§ 12101-12213); (e) Age Discrimination Act of 1975, (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age; (f) Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd-2), relating to confidentiality of patient records regarding substance abuse treatment; (g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), relating to nondiscrimination in the sale, rental or financing of housing as implemented by the Department of Housing and Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units—i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground -floor units in buildings without elevators)— be designed and constructed with certain accessible features (See 24 C.F.R. § 100.201); Homeland Security Grant Program (HSGP) — 2018 Grant Assurances Page 3 of 11 Initials 46 of 271 (h) Executive Order 11246, which prohibits federal contractors and federally assisted construction contractors and subcontractors, who do over $10,000 in Government business in one year from discriminating in employment decisions on the basis of race, color, religion, sex, sexual orientation, gender identification or national origin; (i) Executive Order 11375, which bans discrimination on the basis of race, color, religion, sex, sexual orientation, gender identification, or national origin in hiring and employment in both the United States federal workforce and on the part of government contractors; (j) California Public Contract Code § 10295.3, which prohibits discrimination based on domestic partnerships and those in same sex marriages; (k) DHS policy to ensure the equal treatment of faith -based organizations, under which all applicants and recipients must comply with equal treatment policies and requirements contained in 6 C.F.R. Part 19; (I) Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made; and (m)The requirements of any other nondiscrimination statute(s) which may apply to the application. In addition to the items listed in (a) through (m), the Applicant will comply with California's Fair Employment and Housing Act (FEHA). FEHA prohibits harassment and discrimination in employment because of ancestry, familial status, race, color, religious creed (including religious dress and grooming practices), sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding), gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, mental and physical disability, genetic information, medical condition, age, pregnancy, denial of medical and family care leave, or pregnancy disability leave (California Government Code §§12940, 12945, 12945.2), military and veteran status, and/or retaliation for protesting illegal discrimination related to one of these categories, or for reporting patient abuse in tax supported institutions. 6. Drug -Free Workplace As required by the Drug -Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.), the Applicant certifies that it will maintain a drug -free workplace and a drug -free awareness program as outlined in the Act. 7. Environmental Standards The Applicant will comply with state and federal environmental standards, which may be prescribed pursuant to the following, as applicable: (a) California Environmental Quality Act (CEQA) (California Public Resources Code §§ 21000- 21177), to include coordination with the city or county planning agency; (b) CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, §§ 15000- 15387); (c) Federal Clean Water Act (CWA) (33 U.S.C. § 1251 et seq.), which establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters; (d) Federal Clean Air Act of 1955 (42 U.S.C. § 7401) which regulates air emissions from stationary and mobile sources; Homeland Security Grant Program (HSGP) — 2018 Grant Assurances Page 4 of 11 Initials 47 of 271 (e) Institution of environmental quality control measures under the National Environmental Policy Act (NEPA) of 1969 (P.L. 91-190); the Council on Environmental Quality Regulations for Implementing the Procedural Provisions of NEPA; and Executive Order 12898 which focuses on the environmental and human health effects of federal actions on minority and low-income populations with the goal of achieving environmental protection for all communities; (f) Evaluation of flood hazards in floodplains in accordance with Executive Order 11988; (g) Executive Order 11514 which sets forth national environmental standards; (h) Executive Order 11738 instituted to assure that each federal agency empowered to enter into contracts for the procurement of goods, materials, or services and each federal agency empowered to extend federal assistance by way of grant, loan, or contract shall undertake such procurement and assistance activities in a manner that will result in effective enforcement of the Clean Air Act and the Federal Water Pollution Control Act Executive Order 11990 which requires preservation of wetlands; (i) The Safe Drinking Water Act of 1974, (P.L. 93-523); (j) The Endangered Species Act of 1973, (P.L. 93-205); (k) Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (I) Conformity of Federal Actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (m)Wild and Scenic Rivers Act of 1968 (16 U.S.C. § 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. The Applicant shall not be: 1) in violation of any order or resolution promulgated by the State Air Resources Board or an air pollution district; 2) subject to a cease and desist order pursuant to § 13301 of the California Water Code for violation of waste discharge requirements or discharge prohibitions; or 3) determined to be in violation of federal law relating to air or water pollution. 8. Audits For subrecipients expending $750,000 or more in federal grant funds annually, the Applicant will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and Title 2 of the Code of Federal Regulations, Part 200, Subpart F Audit Requirements. 9. Access to Records In accordance with 2 C.F.R. § 200.336, the Applicant will give the awarding agency, the Comptroller General of the United States and, if appropriate, the state, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award. The Applicant will require any subrecipients, contractors, successors, transferees and assignees to acknowledge and agree to comply with this provision. Homeland Security Grant Program (HSGP) — 2018 Grant Assurances Page 5 of 11 Initials 48 of 271 10. Conflict of Interest The Applicant will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 11. Financial Management False Claims for Payment The Applicant will comply with 31 U.S.0 §§ 3729-3733 which sets forth that no subgrantee, recipient, or subrecipient shall submit a false claim for payment, reimbursement or advance. 12. Reporting - Accountability The Applicant agrees to comply with applicable provisions of the Federal Funding Accountability and Transparency Act (FFATA) (P.L. 109-282), specifically (a) the reporting of subawards obligating $25,000 or more in federal funds and (b) executive compensation data for first -tier subawards. This includes the provisions of FFATA, which includes requirements for executive compensation, and also requirements implementing the Act for the non-federal entity at 2 C.F.R. Part 25 Financial Assistance Use of Universal Identifier and Central Contractor Registration and 2 C.F.R. Part 170 Reporting Subaward and Executive Compensation Information. 13. Whistleblower Protections The Applicant also must comply with statutory requirements for whistleblower protections at 10 U.S.C. § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. § 4304 and § 4310. 14. Human Trafficking The Applicant will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. § 7104) which prohibits grant award recipients or a subrecipient from: (1) engaging in trafficking in persons during the period of time that the award is in effect; (2) procuring a commercial sex act during the period of time that the award is in effect; or (3) using forced labor in the performance of the award or subawards under the award. 15. Labor Standards The Applicant will comply with the following federal labor standards: (a) The Davis -Bacon Act (40 U.S.C. §§ 276a to 276a-7), as applicable, and the Copeland Act (40 U.S.C. § 3145 and 18 U.S.C. § 874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327-333), regarding labor standards for federally -assisted construction contracts or subcontracts, and (b) The Federal Fair Labor Standards Act (29 U.S.C. § 201 et al.) as they apply to employees of institutes of higher learning (IHE), hospitals and other non-profit organizations. Homeland Security Grant Program (HSGP) — 2018 Grant Assurances Page 6of11 Initials 49 of 271 16. Worker's Compensation The Applicant must comply with provisions which require every employer to be insured to protect workers who may be injured on the job at all times during the performance of the work of this Agreement, as per the workers compensation laws set forth in California Labor Code §§ 3700 et seq. 17. Property -Related If applicable to the type of project funded by this federal award, the Applicant will: (a) Comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally -assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of federal participation in purchase; (b) Comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires subrecipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more, (c) Assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470), Executive Order 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §469a-1 et seq.); and (d) Comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. § 4831 and 24 CFR Part 35) which prohibits the use of lead -based paint in construction or rehabilitation of residence structures. 18. Certifications Applicable Only to Federally -Funded Construction Projects For all construction projects, the Applicant will: (a) Not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with federal assistance funds to assure nondiscrimination during the useful life of the project; (b) Comply with the requirements of the awarding agency with regard to the drafting, review and approval of construction plans and specifications; and (c) Provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State. Homeland Security Grant Program (HSGP) — 2018 Grant Assurances Page 7 of 11 Initials 50 of 271 19. Use of Cellular Device While Driving is Prohibited Applicants are required to comply with California Vehicle Code sections 23123 and 23123.5. These laws prohibit driving motor vehicle while using an electronic wireless communications device to write, send, or read a text -based communication. Drivers are also prohibited from the use of a wireless telephone without hands -free listening and talking, unless to make an emergency call to 911, law enforcement, or similar services. 20. California Public Records Act and Freedom of Information Act The Applicant acknowledges that all information submitted in the course of applying for funding under this program, or provided in the course of an entity's grant management activities that are under Federal control, is subject to the Freedom of Information Act (FOIA), 5 U.S.C. § 552, and the California Public Records Act, California Government Code section 6250 et seq. The Applicant should consider these laws and consult its own State and local laws and regulations regarding the release of information when reporting sensitive matters in the grant application, needs assessment, and strategic planning process. HOMELAND SECURITY GRANT PROGRAM - PROGRAM SPECIFIC ASSURANCES / CERTIFICATIONS 21. Reporting Accusations and Findings of Discrimination If during the past three years the recipient has been accused of discrimination on any basis the recipient must provide a list of all such proceedings, pending or completed, including outcome and copies of settlement agreements to the DHS Financial Assistance Office and the DHS Office for Civil Rights and Civil Liberties (CRCL) by e-mail at CRCL(hq.dhs.gov or by mail at U.S. Department of Homeland Security, Office for Civil Rights and Civil Liberties, Building 410, Mail Stop #0190, Washington, D.C. 20528. In the courts or administrative agencies make a finding of discrimination on grounds of race, color, national origin (including LEP), sex, age, disability, religion, or familial status against the recipient, or the recipients settle a case or matter alleging such discrimination, recipients must forward a copy of the complaint and findings to the DHS Financial Assistance Office and the CRCL by e-mail or mail at the addresses listed above. The United States has the right to seek judicial enforcement of these obligations. 22. Acknowledgment of Federal Funding from DHS All recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds. 23. Activities Conducted Abroad All recipients must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. Homeland Security Grant Program (HSGP) — 2018 Grant Assurances Page 8 of 11 Initials 51 of 271 24. Best Practices for Collection and Use of Personally Identifiable Information (PII) DHS defines personally identifiable information (PII) as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. All recipients who collect PII are required to have a publically-available privacy policy that describes standards on the usage and maintenance of PII they collect. Recipients may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy template a useful resource respectively. 25. Copyright All recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an acknowledgement of U.S. Government sponsorship (including the award number) to any work first produced under federal financial assistance awards. 26. Duplication of Benefits Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies, to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions, or for other reasons. However, these prohibitions would not preclude recipients from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions. 27. Energy Policy and Conservation Act All recipients must comply with the requirements of 42 U.S.C. § 6201 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act. 28. Federal Debt Status All recipients are required to be non -delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A-129. 29. Fly America Act of 1974 All recipients must comply with Preference for U.S. Flag Air Carriers: (air carriers holding certificates under 49 U.S.C. § 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. § 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-138942. 30. Hotel and Motel Fire Safety Act of 1990 In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, all Applicants must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, as amended, 15 U.S.C. § 2225a. Homeland Security Grant Program (HSGP) — 2018 Grant Assurances Page 9 of 11 Initials 52 of 271 31. Non -supplanting Requirement All recipients who receive federal financial assistance awards made under programs that prohibit supplanting by law must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non-federal sources. 32. Patents and Intellectual Property Rights Unless otherwise provided by law, recipients are subject to the Bayh-Dole Act, Pub. L. No. 96-517, as amended, and codified in 35 U.S.C. § 200 et seq. All recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. § 401.14. 33. SAFECOM All recipients who receive federal financial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. 34. Terrorist Financing All recipients must comply with Executive Order 13224 and U.S. law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Recipients are legally responsible to ensure compliance with the Order and laws. 35. Reporting of Matters Related to Recipient Integrity and Performance If the total value of the recipient's currently active grants, cooperative agreements, and procurement contracts from all federal assistance offices exceeds $10,000,000 for any period of time during the period of performance of this federal financial assistance award, you must comply with the requirements set forth in the government -wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions. 36. USA Patriot Act of 2001 All recipients must comply with requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175-175c. 37. Use of DHS Seal, Logo, and Flags All recipients must obtain permission from their DHS Financial Assistance Office, prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials. Homeland Security Grant Program (HSGP) — 2018 Grant Assurances Page 10 of 11 Initials 53 of 271 IMPORTANT The purpose of the assurance is to obtain federal and state financial assistance, including any and all federal and state grants, loans, reimbursement, contracts, etc. The Applicant recognizes and agrees that state financial assistance will be extended based on the representations made in this assurance. This assurance is binding on the Applicant, its successors, transferees, assignees, etc. Failure to comply with any of the above assurances may result in suspension, termination, or reduction of grant funds. All appropriate documentation, as outlined above, must be maintained on file by the Applicant and available for Cal OES or public scrutiny upon request. Failure to comply with these requirements may result in suspension of payments under the grant or termination of the grant or both and the subrecipient may be ineligible for award of any future grants if the Cal OES determines that any of the following has occurred: (1) the recipient has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above. All of the language contained within this document must be included in the award documents for all subawards at all tiers. All recipients are bound by the Department of Homeland Security Standard Terms and Conditions 2018, Version 8.1, hereby incorporated by reference, which can be found at: https://www.dhs.gov/publication/fy15-dhs-standard- terms-and-conditions. The undersigned represents that he/she is authorized to enter into this agreement for and on behalf of the Applicant. Subrecipient: City of National City Signature of Authorized Agent: Printed Name of Authorized Agent: Alejandra Sotelo-Solis Title: Mayor Date: May 7, 2019 Homeland Security Grant Program (HSGP) — 2018 Grant Assurances Page 11 of 11 Initials 54 of 271 County of San Diego Office of Emergency Services n\ 5580 Overland Ave., Suite 100 San Diego, CA 92123 -1251 Phone: (858) 565-3490 Fax: (858) 565-3499 Email: oes(dsdcounty.ca.gov March 8, 2019 City of National City 343 E. 16th Sreet National City, CA 91950 SUBJECT: NOTIFICATION OF FEDERAL FUNDING AWARD FY 2018 Homeland Security Grant Program (HSGP) Subaward #2018-0054, Cal OES ID #073-00000 ;MepO[NCY M4N4gq��.f_ EMA credited olrATIJH PROP MIR The purpose of this letter is to notify you that the County of San Diego Office of Emergency Services has approved your FY2018 SHSP award in the amount of $51,048 as listed below: Subrecipient Name: Subrecipient DUNS: Federal Award ID (FAIN) Federal Award Date: Subaward Period of Performance: Subrecipient Award Amount: Federal Award Project Description: Federal Awarding Agency: CFDA Number: Research & Development Award (Y/N): Indirect Cost Rate: Match Requirement: City of National City 072494073 EMW-2018-SS-00054-S01 09/01/18 to 08/31/21 03/01/19 to 05/31/20 $51,048 Implementation of homeland security management grant to support state, local, tribal and territorial efforts to prevent terrorism and other catastrophic events US Department of Homeland Security 97.067/Homeland Security Grant Program No N/A N/A This grant award is subject to all provisions of Uniform Guidance (2 CFR Part 200), which can be accessed at www.ecfr.gov. Non- federal entities that expend $750,000 or more annually in Federal Awards must have a single audit performed each year. Please forward a copy of your most current single audit report to the contact below. Please complete and return the attached OES Grant Management Assessment Questionnaire and 2018 Grant Assurances. Your performance period ends May 31, 2020. Please submit your reimbursement requests in a timely manner, no later than June 30, 2020. For further assistance, please contact Raluca Pimenta at (858) 715-2214 or Raluca.PimentaC&sdcountv.ca.aov. Sincerely, Martin Kurian, Principal Administrative Analyst County of San Diego, Office of Emergency Services Attachments: OES Grant Management Assessment Questionnaire 2018 Grant Assurances SHSP 2018 Approved FMFW Unified San Diego County Emergency Services Organization CARLSDAD •CH-JULA VISTA •CORONAIJO •COLIIVTY OF SAN DIEGO ADI L MAR •ER. CAJON+ENCINITAS •ESCONDIDO *IMPERIAL BEACH •LA MESA LEMON GROVE •NATIONAL CITY •OCEANSIDE•POWAY•SANDIEGO •SANMARCOS•SANTEE•SOLANA BEACH *VISTA 55 of 271 CC/CDC-HA Agenda 5/7/2019 — Page 56 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City approving the Mayor to execute an Agreement between the City of San Diego Office of Homeland Security and the City of National City, and authorizing the establishment of an appropriation and corresponding revenue budget in the amount of $32,432 from the FY18 Urban Area Security Initiative (UASI) Grant Funds for the reimbursable grant purchase of equipment, planning, and training for the Police and Fire Departments. (Fire) Please scroll down to view the backup material. 56 of 271 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 7, 2019 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City approving the Mayor to execute an Agreement between the City of San Diego Office of Homeland Security and the City of National City, and authorizing the establishment of an appropriation and corresponding revenue budget in the amount of $32,432 from the FY18 Urban Area Security Initiative (UASI) Grant Funds for the reimbursable grant purchase of equipment, planning, and training for the Police and Fire Departments. (Fire) PREPARED BY: Frank Parra DEPARTMENT: PHONE: (619) 336-4551 APPROVED BY: EXPLANATION: This Agreement documents the roles, responsibilities, and expectations at the local, state, and federal levels and ensures that the City of National City, as a participant in the program, agrees to meet state and federal requirements. The UASI grant provides funding for equipment, planning, and training needed to respond to natural or man-made disasters or terrorism incidents that may occur in the San Diego urban area. This grant program requires the City to incur expenses for equipment, planning, and training for police and fire personnel, and then apply for reimbursement. This Agreement requires subrecipient indemnification and as such needs Council approval. This request authorizes the establishment of an appropriation and corresponding revenue budget in the amount of $32,432 from the FY18 Urban Area Security Initiative (UASI) Grant Funds. The appropriation will be used to purchase $8,555 in equipment, $10,000 will go toward planning, and $13,877 for training for the Fire and Police Departments. FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: MIS Expenditure Account: 282-411-951-518-0000 Equipment - $8,555; 282-411-951-226-0000 Training - $6,938.50, 282-412-951-226-0000 Training - $6,938.50; 282-412-951-306-0000 Computer Equipment - $10,000 Revenue Account: 282-11951-3498 - $15,493.50 & 282-12951-3498 - $16,938.50. No City match required. ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve the Resolution. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Agreement between the City of San Diego Office of Homeland Security and the City of National City for the distribution of FY18 Urban Area Security Initiative (UASI) grant funds 2. Resolution 57 of 271 AGREEMENT BETWEEN THE CITY OF SAN DIEGO OFFICE OF HOMELAND SECURITY AND THE CITY OF NATIONAL CITY FOR THE DISTRIBUTION OF FY 2018 UASI GRANT FUNDS THIS AGREEMENT is made this day of May 7th , 2019 in the City and County of San Diego, State of California, by and between the CITY OF NATIONAL CITY ("SUBRECIPIENT") and the CITY OF SAN DIEGO, a municipal corporation ("San Diego" or "City"), in its capacity as fiscal agent for the Approval Authority, as defined below, acting by and through the San Diego Office of Homeland Security ("OHS"). RECITALS WHEREAS, The United States Department of Homeland Security ("DHS") designated San Diego as an eligible high risk urban area through an analysis of relative risk of terrorism, the San Diego Urban Area ("SDUA") was established for the purpose of application for and allocation and distribution of federal Urban Areas Security Initiative ("UASI") program grant funds; and WHEREAS, The Urban Area Working Group ("UAWG"), a collaborative subcommittee established by the San Diego County Unified Disaster Council, was established as the Approval Authority for the SDUA, to provide overall governance of the homeland security grant program across the SDUA, to coordinate development and implementation of all UASI program initiatives, and to ensure compliance with all UASI program requirements; and WHEREAS, The City of San Diego Office of Homeland Security ("SD OHS"), as the "core city" for the SDUA, will serve as the chair and the UASI Grant Administrator, and SD OHS Executive Director is responsible for implementing and managing the policy and program decisions of the Approval Authority, directing the work of the UASI Management Team personnel, and performing other duties as determined and directed by the Approval Authority, and WHEREAS, San Diego has been designated as the grantee for UASI funds granted by the DHS through the California Office of Emergency Services ("Cal OES") to the SDUA, with responsibility to establish procedures and execute subgrant agreements for the distribution of UASI program grant funds to jurisdictions selected by the Approval Authority to receive grant funding; and WHEREAS, San Diego has been designated to serve as the fiscal agent for the Approval Authority, and to establish procedures and provide all financial services for distribution of UASI program grant funds within the SDUA; and WHEREAS, Pursuant to grant allocation decisions by the Approval Authority, the UASI Management Team has asked San Diego to distribute a portion of the regional UASI grant funds to SUBRECIPIENT on the terms and conditions set forth herein; NOW, THEREFORE, in consideration of the premises and the mutual covenants contained in this Agreement and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties hereto agree as follows: FY 18 UASI — SUBRECIPIENT Page 1 of 20 October 1, 2018 58 of 271 ARTICLE 1 DEFINITIONS 1.1 Specific Terms. Unless the context requires otherwise, the following capitalized terms (whether singular or plural) shall have the meanings set forth below: (a) "ADA" shall mean the Americans with Disabilities Act (including all rules and regulations there under) and all other applicable federal, state and local disability rights legislation, as the same may be amended, modified or supplemented from time to time. (b) "Authorized Expenditures" shall mean expenditures for those purposes identified and budgeted in the SUBRECIPIENT Award Letter (Appendix A) and/or approved modification. (c) "Event of Default" shall have the meaning set forth in Section 7.1. (d) "Fiscal Quarter" shall mean each period of three calendar months commencing on July 1, October 1, January 1, and April 1, respectively. (e) "Grant Funds" shall mean any and all funds allocated or disbursed to SUBRECIPIENT DUNS#: 0724940730000 under this Agreement. This Agreement shall specifically cover funds allocated or disbursed from Cal OES Grant No. 2018-0054, Cal OES ID No. 073-66000, CFDA No. 97.067, per Cal OES award notice dated October 1, 2018. (f) "Grant Plan" shall mean the plans, performances, events, exhibitions, acquisitions or other activities or matter, and the budget and requirements, described in the approved Financial Management Forms Workbook (FMFW). If SUBRECIPIENT requests any modification to the Grant Plan, SUBRECIPIENT shall submit a written request to the SD OHS Executive Director with the following information: Scope of change requested, reason for change, proposed plan for change, summary of approved and requested modifications to the Grant Plan, and any necessary approvals in support of change (e.g., EHP). (g) "Indemnified Parties" shall mean: (i) San Diego, including all commissions, departments including OHS, agencies, and other subdivisions of San Diego; (ii) San Diego's elected officials, directors, officers, employees, agents, successors, and assigns; and (iii) all persons or entities acting on behalf of the foregoing. (h) "Losses" shall mean any and all liabilities, obligations, losses, damages, penalties, claims, actions, suits, judgments, fees, expenses and costs of whatsoever kind and nature (including legal fees and expenses and costs of investigation, of prosecuting or defending any Loss described above) whether or not such Loss be founded or unfounded, of whatsoever kind and nature. (i) "Reimbursement Request" shall have the meaning set forth in Section 3.10(a). (ii) "Simplified Acquisition Threshold" means the dollar amount below which a non -Federal entity may purchase property or services using small purchase methods. (j) "UASI Management Team" shall mean The City of San Diego Office of Homeland Security Executive Director, Program Manager, Program Coordinator, as well as project, grant, and administrative staff. The Executive Director appoints members to the Management Team to implement the policies of the UAWG. FY 18 UASI — SUBRECIPIENT Page 2 of 20 October 1, 2018 59 of 271 (k) "Pass -through entity" shall mean a non -Federal entity that provides a sub award to a subrecipient to carry out part of a Federal Program. 1.2 Additional Terms. The terms "as directed," "as required" or "as permitted" and similar terms shall refer to the direction, requirement, or permission of City. The terms "sufficient," "necessary" or "proper" and similar terms shall mean sufficient, necessary or proper in the sole judgment of City. The terms "approval," "acceptable" or "satisfactory" or similar terms shall mean approved by, or acceptable or satisfactory to, City. The terms "include," "included" or "including" and similar terms shall be deemed to be followed by the words "without limitation." The use of the term "subcontractor," "successor" or "assign" herein refers only to a subcontractor, successor or assign expressly permitted under Article 8. 1.3 References to this Agreement. References to this Agreement include: (a) any and all appendices, exhibits, schedules, and attachments hereto; (b) any and all statutes, ordinances, regulations or other documents expressly incorporated by reference herein; and (c) any and all amendments, modifications or supplements hereto made in accordance with Section 10.2. References to articles, sections, subsections or appendices refer to articles, sections or subsections of or appendices to this Agreement, unless otherwise expressly stated. Terms such as "hereunder," "herein" or "hereto" refer to this Agreement as a whole. 1.4 Reference to laws. Any reference in this Agreement to a federal or state statute, regulation, executive order, requirement, policy, guide, guideline, information bulletin, or instruction shall mean that statute, regulation, executive order, requirement, policy, guide, guideline, information bulletin, or instruction as is currently in effect and as may be amended, modified or supplemented from time to time. ARTICLE 2 ALLOCATION AND CERTIFICATION OF GRANT FUNDS; LIMITATIONS ON SAN DIEGO'S OBLIGATIONS 2.1 Risk of Non -Allocation of Grant Funds. This Agreement is subject to all federal and state grant requirements and guidelines, including DHS and Cal OES requirements, guidelines, information bulletins, and instructions, the decision -making of the Cal OES and the Approval Authority, the terms and conditions of the grant award; the approved application, and to the extent applicable the budget and fiscal provisions of the San Diego City Charter. The Approval Authority shall have no obligation to allocate or direct disbursement of funds for this Agreement in lieu of allocations for new or other agreements. SUBRECIPIENT acknowledges and agrees that grant decisions are subject to the discretion of the Cal OES and Approval Authority. Further, SUBRECIPIENT acknowledges and agrees that the City shall have no obligation to disburse grant funds to SUBRECIPIENT until City and SUBRECIPIENT have fully and finally executed this Agreement. SUBRECIPIENT acknowledges and agrees that if it takes any action, informal or formal, to appropriate, encumber or expend Grant Funds before final allocation decisions by Cal OES and the Approval Authority, and before this Agreement is fully and finally executed, it assumes all risk of possible non -allocation or non -reimbursement of funds, and such acknowledgement and agreement is part of the consideration of this Agreement. 2.2 Certification of Controller; Guaranteed Maximum Costs. No funds shall be available under this Agreement without prior written authorization certified by the San Diego Chief Financial Officer as set forth in Section 39 of the City of San Diego City Charter: "No contract, agreement, or other obligation for the expenditure of public funds shall be entered into by any officer of the City and no such contract shall be valid unless the Chief Financial Officer shall certify in writing that there has been made an appropriation to cover the expenditure and that there remains a sufficient balance to meet the demand thereof." FY 18 UASI — SUBRECIPIENT Page 3 of 20 October 1, 2018 60 of 271 ARTICLE 3 PERFORMANCE OF THE AGREEMENT 3.1 Duration of Term. The term of this Agreement shall commence on OCTOBER 1, 2018 and shall end at 11:59 p.m. San Diego time on APRIL 30, 2021. 3.2 Maximum Amount of Funds. In no event shall the amount of Grant Funds disbursed hereunder exceed the amount awarded under the SUBRECIPIENT Award letter (Appendix A), Training and Exercise Participation Award Letter and/or approved modification. The City will not automatically transfer Grant Funds to SUBRECIPIENT upon execution of this Agreement. SUBRECIPIENT must submit a Reimbursement Request under Section 3.10 of this Agreement, approved by the UASI Management Team and City, before the City will disburse Grant Funds to SUBRECIPIENT. 3.3 Use of Funds. (a) General Requirements. SUBRECIPIENT shall use the Grant Funds received under this Agreement for the purposes and in the amounts set forth in the Grant Plan. SUBRECIPIENT shall not use or expend Grant Funds for any other purpose, including but not limited to, for matching funds for other federal grants/cooperative agreements, lobbying or intervention in federal regulatory or adjudicatory proceedings, or to sue the federal government or any other government entity. SUBRECIPIENT shall not permit any federal employee to receive Grant Funds. (b) Modification of Grant Plan. Under Sections 1.1(f) and 10.2 of this Agreement, SUBRECIPIENT may submit a written request to modify the Grant Plan. SUBRECIPIENT shall not appropriate, encumber or expend any additional or reallocated Grant Funds pursuant to such a request for modification until the SD OHS Executive Director or designee has provided written approval for the request. In addition, if the modification request requires approval from the Approval Authority and/or Cal OES, as determined by the SD OHS Executive Director, SUBRECIPIENT shall not appropriate, encumber or expend any additional or reallocated Grant Funds pursuant to the modification request without approval from the Approval Authority and/or Cal OES. (c) No Supplanting. SUBRECIPIENT shall use Grant Funds to supplement existing funds, and not replace (supplant) funds that have been appropriated for the same purpose. (d) Obligations. SUBRECIPIENT must expend Grant Funds in a timely manner consistent with the grant milestones, guidance and assurances; and make satisfactory progress toward the goals, objectives, milestones and deliverables in this Agreement. (e) Subawards. SUBRECIPENT is not an authorized pass -through entity and is not authorized to make any subawards of Grant Funds. 3.4 Grant Assurances; Other Requirements; Cooperation with Monitoring. (a) SUBRECIPIENT shall comply with all Grant Assurances included in Appendix B, attached hereto and incorporated by reference as though fully set forth herein. (b) In addition to complying with all Grant Assurances, SUBRECIPIENT shall comply with all applicable statutes, regulations, executive orders, requirements, policies, guides, guidelines, information bulletins, Cal OES grant management memos, and instructions; the terms and conditions of the grant award; the approved application, and any conditions imposed by Cal OES or the Approval Authority. SUBRECIPIENT shall require and ensure that all contractors and other entities receiving Grant Funds from SUBRECIPIENT comply with all applicable statutes, regulations, executive orders, FY 18 UASI — SUBRECIPIENT Page 4 of 20 October 1, 2018 61 of 271 requirements, policies, guides, guidelines, information bulletins, Cal OES grant management memos, and instructions; the terms and conditions of the grant award; the approved application, and any conditions imposed by Cal OES or the Approval Authority. (c) SUBRECIPIENT shall promptly comply with all standards, specifications and formats of San Diego and the UASI Management Team, as they may from time to time exist, related to evaluation, planning and monitoring of the Grant Plan and compliance with this Agreement. SUBRECIPIENT shall cooperate in good faith with San Diego and the UASI Management Team in any evaluation, inspection, planning or monitoring activities conducted or authorized by DHS, Cal OES, San Diego or the UASI Management Team. For ensuring compliance with non -supplanting requirements, upon request by City or the UASI Management Team, SUBRECIPIENT shall supply documentation certifying that a reduction of non-federal resources occurred for reasons other than the receipt or expected receipt of Grant Funds. 3.5 Administrative, Programmatic and Financial Management Requirements. SUBRECIPIENT shall establish and maintain administrative, programmatic and financial management systems and records in accordance with federal and State of California requirements. This provision requires, at a minimum, that SUBRECIPIENT comply with the following non-exclusive list of regulations commonly applicable to DHS grants, as applicable to this Agreement and the Grant Plan: (a) Administrative Requirements: 1. 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (formerly 44 CFR Part 13, OMB Circulars A-21, A-87, A-89, A-102, A-110, A-122, and A-133). (b) Cost Principles: 1. 2 CFR Part 200, Subpart E - Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (formerly 44 CFR Part 13, OMB Circulars A-21, A-87, A-89, A-102, A-110, A-122, and A-133); 2. Federal Acquisition Regulations (FAR), Part 31.2 Contract Principles and Procedures, Contracts with Commercial Organizations. (c) Audit Requirements: 1. 2 CFR Part 200 Subpart F - Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (formerly 44 CFR Part 13, OMB Circulars A-21, A-87, A-89, A-102, A-110, A-122, and A-133). 3.6 Technology Requirements. (a) National Information Exchange Model ("NIEM"). SUBRECIPIENT shall use the latest NIEM specifications and guidelines regarding the use of Extensible Markup Language ("XML") for all awards of Grant Funds. (b) Geospatial Guidance. SUBRECIPIENT is encouraged to use Geospatial technologies, which can capture, store, analyze, transmit and/or display location -based information (i.e., information linked to a latitude and longitude), and to align any geospatial activities with the guidance available on the Federal Emergency Management Agency ("FEMA") website. (c) Criminal Intelligence Systems Operating Policies. Any information technology system funded or supported by Grant Funds shall comply with 28 CFR Part 23, Criminal Intelligence Systems Operating Policies, if applicable. FY 18 UASI — SUBRECIPIENT Page 5 of 20 October 1, 2018 62 of 271 (d) SUBRECIPIENT is encouraged to use the DHS guidance in Best Practices for Government Use of CCTV: Implementing the Fair Information Practice Principles, if Grant Funds are used to purchase or install closed circuit television (CCTV) systems or to support operational CCTV systems. 3.7 Procurement Requirements. (a) General Requirements. SUBRECIPIENT shall follow its own procurement requirements as long as those requirements comply with all applicable federal and State of California statutes, regulations, requirements, policies, guides, guidelines and instructions, including the most recent restrictions in Executive Order 13809 on purchases of specified controlled equipment. (b) Contract Provisions. All contracts made by the SUBRECIPIENT using Grant Funds must contain the applicable contract clauses described in Appendix II to the Uniform Rules (Contract Provisions for non -Federal Entity Contract Under Federal Awards). 2C.F.R. § 200.326. (b) Specific Purchases. If SUBRECIPIENT is using Grant Funds to purchase interoperable communication equipment, SUBRECIPIENT shall consult DHS's SAFECOM's coordinated grant guidance, which outlines standards and equipment information to enhance interoperable communication. If SUBRECIPIENT is using Grant Funds to acquire critical emergency supplies, prior to expending any Grant Funds, SUBRECIPIENT shall submit to the UASI Management Team for approval by Cal OES a viable inventory management plan, an effective distribution strategy, sustainment costs for such an effort, and logistics expertise to avoid situations where funds are wasted because supplies are rendered ineffective due to lack of planning. (c) Bond Requirement. SUBRECIPIENT shall obtain a performance bond for any equipment items over the simplified acquisition threshold (2C.F.R. § 200.88) or any vehicle, aircraft or watercraft financed with Grant Funds. (d) Non -Competitive Procurement Requirements. UASI Management Team prior approval is required for any procurement made without advertisement or a competitive process or single response to a request for proposal/bid, regardless of dollar amount, this includes sole source procurements. SUBRECIPIENT shall submit a Non -Competitive Procurement Authorization request to the UASI Management Team for approval prior to expending any grant funds. Additionally, SUBRECIPT shall submit a Non -Competitive Procurement Request to the UASI Management Team for Ca1OES approval for any non-competitive procurement over the simplified acquisition threshold (2C.F.R. § 200.88). (e) Federal Schedules. SUBRECIPENT shall submit a Federal Schedule Procurement Authorization request to the UASI Management Team for approval to procure using the Federal supply schedule, prior to expending any grant funds. 3.8 Contractor Requirements. (a) SUBRECIPIENT shall ensure and independently verify that any contractor or other entity receiving Grant Funds from SUBRECIPIENT is not debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs, under Executive Orders 12549 and 12689, as implemented at 2 CFR Part 3000. SUBRECIPIENT shall obtain documentation of eligibility before disbursing Grant Funds to any contractor or other entity. SUBRECIPIENT shall maintain documentary proof of this verification in its files. SUBRECIPIENT shall establish procedures for the effective use of the "Excluded Parties List System," to assure that it does not provide Grant Funds to excluded parties. SUBRECIPIENT shall also establish procedures to provide for effective use and/or dissemination of the FY 18 UASI — SUBRECIPIENT Page 6 of 20 October 1, 2018 63 of 271 list to assure that its contractors, at any tier do not make awards in violation of the non -procurement debarment and suspension common rule. (b) SUBRECIPIENT shall ensure that any contractor or other entity receiving Grant Funds from SUBRECIPIENT complies with the requirements of 44 CFR Part 18, New Restrictions on Lobbying; and (c) SUBRECIPIENT shall ensure that any contractor or other entity receiving Grant Funds from SUBRECIPIENT complies with the requirements of 2 CFR Part 3001, Requirements for Drug -Free Workplace (Financial Assistance). 3.9 Monitoring Grant Performance. (a) City and the UASI Management Team are both authorized to perform periodic monitoring reviews of SUBRECIPIENT's performance under this Agreement, to ensure that the Grant Plan goals, objectives, performance requirements, timelines, milestone completion, budgets and other criteria are being met. Programmatic monitoring may include the Regional Federal Preparedness Coordinators, or other federal or state personnel, when appropriate. Monitoring may involve a combination of desk -based reviews and on -site monitoring visits, inspection of records, and verifications of grant activities. These reviews will involve a review and analysis of the financial, programmatic, performance and administrative issues relative to each program and will identify areas where technical assistance and other support may be needed. The reviews may include, but are not limited to: 1. Evaluating eligibility of expenditures; 2. Comparing actual grant activities to those approved by the Approval Authority and specified in the Grant Plan; 3. Ensuring that any advances have been deposited in an interest bearing account and disbursed in accordance with applicable guidelines; and 4. Confirming compliance with: Grant Assurances; information provided on performance reports and payment requests; and needs and threat assessments and strategies. (b) SUBRECIPIENT is responsible for monitoring and auditing the grant activities of any contractor or other entity receiving Grant Funds through or from SUBRECIPIENT. This requirement includes but is not limited to mandatory on -site verification visits. (c) If after any monitoring review, the DHS or Cal OES makes findings that require a Corrective Action Plan by SUBRECIPIENT, the City shall place a hold on all Reimbursement Requests from SUBRECIPIENT until the findings are resolved. 3.10 Disbursement Procedures. San Diego shall disburse Grant Funds to SUBRECIPIENT as follows: (a) SUBRECIPIENT shall submit to the UASI Management Team, in the manner specified for notices pursuant to Article 9, a document ("Reimbursement Request") substantially in the form attached as Appendix C, attached hereto and incorporated by reference as though fully set forth herein. The UASI Management Team shall serve as the primary contact for SUBRECIPIENT regarding any Reimbursement Request. (b) The UASI Management Team will review all Reimbursement Requests for compliance with this Agreement and all applicable guidelines and requirements. The UASI Management Team will FY 18 UASI — SUBRECIPIENT Page 7 of 20 October 1, 2018 64 of 271 return to SUBRECIPIENT any Reimbursement Request that is submitted and not approved by the UASI Management Team, with a brief statement of the reason for the rejection of the Reimbursement Request. (d) If a rejection relates only to a portion of the expenditures itemized in any Reimbursement Request, City shall have no obligation to disburse any Grant Funds for any other expenditures itemized in such Reimbursement Request unless and until SUBRECIPIENT submits a Reimbursement Request that is in all respects acceptable to the UASI Management Team. (e) If SUBRECIPIENT is not in compliance with any provision of this Agreement, City may withhold disbursement of Grant Funds until SUBRECIPIENT has taken corrective action and currently complies with all terms and conditions of the Agreement. 3.11 Disallowance. SUBRECIPIENT agrees that if it claims or receives reimbursement from City for an expenditure that is later disallowed by the State of California or the federal government, SUBRECIPIENT shall promptly refund the disallowed amount to City upon City's written request. At its option, City may offset all or any portion of the disallowed amount against any other payment due to SUBRECIPIENT hereunder or under any other Agreement with SUBRECIPIENT. Any such offset with respect to a portion of the disallowed amount shall not release SUBRECIPIENT from SUBRECIPIENT's obligation hereunder to refund the remainder of the disallowed amount. 3.12 Sustainability. Grant Funded programs that contain continuing personnel and operating expenses, over and above planning and implementation costs, must be sustained once the Grant Funding ends. If Equipment is purchased with grant funds the equipment must be sustained through the useful life of equipment. By executing this Agreement, SUBRECIPIENT acknowledges its responsibility and agrees to sustain continuing programs beyond the Grant Funding period. SUBRECIPIENT acknowledges and agrees that this sustainability requirement is a material term of the Agreement. 3.13 EHP Requirements. (a) Grant Funded projects must comply with the federal Environmental and Historic Preservation ("EHP") program. SUBRECIPIENT shall not initiate any project with the potential to impact environmental or historic properties or resources until Cal OES and FEMA have completed EHP reviews and approved the project. Examples of projects that may impact EHP resources include: communications towers, physical security enhancements, new construction, and modifications to buildings, structures and objects that are 50 years old or greater. SUBRECIPIENT shall notify the UASI Management Team of any project that may require an EHP review. SUBRECIPIENT agrees to provide detailed project information to FEMA, Cal OES and/or the UASI Management Team, to cooperate fully in the review, and to prepare any documents requested for the review. SUBRECIPIENT shall comply with all conditions placed on the project as the result of the EHP review, and implement any treatment or mitigation measures deemed necessary to address potential adverse impacts. With prior approval of the UASI Management Team, SUBRECIPIENT may use Grant Funds toward the costs of preparing documents and/or implementing treatment or mitigation measures. Any change to the approved project scope of work will require re-evaluation for compliance with EHP requirements. If ground disturbing activities occur during project implementation, SUBRECIPIENT shall notify the UASI Management Team and ensure monitoring of ground disturbance. If any potential archeological resources are discovered, SUBRECIPIENT shall immediately cease construction in that area and notify the UASI Management Team, which will notify the appropriate State Historic Preservation Office. If SUBRECIPIENT is using Grant Funds for a communication tower project, SUBRECIPIENT shall complete its Federal Communication Commission ("FCC") EHP process before preparing its Cal OES/FEMA EHP materials, and shall include the FCC EHP materials in the Cal OES/FEMA submission. FY 18 UASI — SUBRECIPIENT Page 8 of 20 October 1, 2018 65 of 271 (b) Any construction or other project that SUBRECIPIENT initiates without the necessary EHP review and approval will not be eligible for reimbursement. Failure of SUBRECIPIENT to meet federal, State, and local EHP requirements, obtain applicable permits, or comply with any conditions that may be placed on the project as the result of FEMA's and/or Cal OES's EHP review will result in the denial of Reimbursement Requests. 3.14 National Energy Conservation Policy and Energy Policy Acts. SUBRECIPIENT shall comply with the following requirements: (a) Grant Funds may not be used in contravention of the Federal buildings performance and reporting requirements of Executive Order 13123, part 3 of Title V of the National Energy Conservation Policy Act (42 USC §8251 et seq.), or Subtitle A of Title I of the Energy Policy Act of 2005; and (b) Grant Funds may not be used in contravention of Section 303 of the Energy Policy Act of 1992 (42 USC §13212). 3.15 Royalty -Free License. SUBRECIPIENT understands and agrees that FEMA reserves a royalty - free, non-exclusive and irrevocable license to reproduce, publish or otherwise use, and authorize others to use, for federal government purposes: (a) the copyright in any work developed using Grant Funds; and (b) any rights of copyright that SUBRECIPIENT purchases or acquires using Grant Funds. SUBRECIPIENT shall consult with the UASI Management Team and FEMA regarding the allocation of any patent rights that arise from, or are purchased with, Grant Funds. 3.16 Publication Statements. SUBRECIPIENT shall ensure that all publications created or developed under this Agreement prominently contain the following statement: "This document was prepared under a grant from the Federal Emergency Management Agencies Grant Programs Directorate (FEMA/GPD) within the US Department of Homeland Security. Points of view or opinions expressed in this document are those of the authors and do not necessarily represent the official position or policies of FEMA/GPD or the US Department of Homeland Security." 3.17 Performance Period. SUBRECIPIENT shall ensure that hard copies of all reimbursement rcquests and supporting documentation will be submitted to the UASI Management Team postmarked no later than the Reimbursement Claim Due Date identified in the Subrecipient Award Letter (Attachment A). Extension requests may be granted based on extenuating circumstances beyond the control of the subrecipient and must be made via the Performance Period Extension Request Form (Appendix D). Requests must contain specific and compelling justifications as to why an extension is required and must be submitted 30 days prior to the current deadline. ARTICLE 4 REPORTING REQUIREMENTS; AUDITS 4.1 Regular Reports. SUBRECIPIENT shall provide, in a prompt and timely manner, financial, operational and other reports, as requested by the UASI Management Team, in form and substance satisfactory to the UASI Management Team. Such reports, including any copies, shall be submitted on recycled paper and printed on double -sided pages, to the maximum extent possible. 4.2 Notification of Defaults or Changes in Circumstances. SUBRECIPIENT shall notify the UASI Management Team and City immediately of (a) any Event of Default or event that, with the passage of time, would constitute an Event of Default; (b) any change of circumstances that would cause any of the representations or warranties contained in Article 5 to be false or misleading at any time during the term of this Agreement; and (c) any change of circumstances or events that would cause SUBRECIPIENT to be out of compliance with the Grant Assurances in Appendix B. FY 18 UASI — SUBRECIPIENT Page 9 of 20 October 1, 2018 66 of 271 4.3 Books and Records. SUBRECIPIENT shall establish and maintain accurate files and records of all aspects of the Grant Plan and the matters funded in whole or in part with Grant Funds. Without limiting the scope of the foregoing, SUBRECIPIENT shall establish and maintain accurate financial books and accounting records relating to Authorized Expenditures and to Grant Funds received and expended under this Agreement, together with all invoices, documents, payrolls, time records and other data related to the matters covered by this Agreement, whether funded in whole or in part with Grant Funds. SUBRECIPIENT shall maintain all of the files, records, books, invoices, documents, payrolls and other data required to be maintained under this Section in a readily accessible location and condition for a period of not less than three (3) years after expiration of this Agreement or until any final audit by Cal OES has been fully completed, whichever is later. 4.4 Inspection and Audit. SUBRECIPIENT shall make available to the UASI Management Team, and to UASI Management Team and City employees and authorized representatives, during regular business hours, all of the files, records, books, invoices, documents, payrolls and other data required to be established and maintained by SUBRECIPIENT under Section 4.3, and allow access and the right to examine those items. SUBRECIPIENT shall permit the UASI Management Team and City, and UASI Management Team and City employees and authorized representatives, to inspect, audit, examine and make excerpts and transcripts from any of the foregoing. The rights of the UASI Management Team and City pursuant to this Section shall remain in effect so long as SUBRECIPIENT has the obligation to maintain such files, records, books, invoices, documents, payrolls and other data under this Article 4. The DHS, the Comptroller General of the United States or designee, and Cal OES shall have the same inspection and audit rights as the City and UASI Management Team. SUBRECIPIENT shall cooperate with any federal or state audit. 4.5 Audit Report. If the amount specified in Section 3.2 of this agreement is $750,000 or more, SUBRECIPIENT shall submit an organization -wide financial and compliance audit report. The audit must be performed in accordance with GAO's Government Auditing Standards, and 2 CFR Part 200 Subpart F - Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. SUBRECIPIENT shall submit its audit report to the UASI Management Team no later than six months after the end of SUBRECIPIENT's fiscal year. ARTICLE 5 REPRESENTATIONS AND WARRANTIES SUBRECIPIENT represents and warrants each of the following as of the date of this Agreement and at all times throughout the term of this Agreement: 5.1 No Misstatements. No document furnished or to be furnished by SUBRECIPIENT to the UASI Management Team in connection with this Agreement, any Reimbursement Request or any other document relating to any of the foregoing, contains or will contain any untrue statement of material fact or omits or will omit a material fact necessary to make the statements contained therein not misleading, under the circumstances under which any such statement shall have been made. 5.2 Eligibility to Receive Federal Funds. By executing this Agreement, SUBRECIPIENT certifies that it is eligible to receive federal funds, and specifically certifies as follows: (a) SUBRECIPIENT is not suspended, debarred or otherwise excluded from participation in federal assistance programs, as required by Executive Order 12549 and 12689, "Debarment and Suspension" and implemented at 2 CFR Part 3000. FY 18 UASI — SUBRECIPIENT Page 10 of 20 October 1, 2018 67 of 271 (b) SUBRECIPIENT complies with 31 U.S.C. § 1352, Limitation on use of appropriated funds to influence federal contracting and financial transactions, as implemented at 44 CFR Part 18 and 6 CFR Part 9. (c) SUBRECIPIENT complies with the Drug -Free Workplace Act of 1988, as amended, 41 U.S.C. §701 et seq., as implemented in 2 CFR Part 3001, and will continue to provide a drug -free workplace as required under that Act and implementing regulations. (d) SUBRECIPIENT is not delinquent in the repayment of any federal debt. See OMB Circular A-129. SUBRECIPIENT acknowledges that these certifications of eligibility to receive federal funds are material terms of the Agreement. 5.3 NIMS Compliance. To be eligible to receive Grant Funds, SUBRECIPIENT must meet National Incident Management System ("NIMS") compliance requirements. By executing this Agreement, SUBRECIPIENT certifies that it is in full NIMS compliance. SUBRECIPIENT acknowledges that this certification is a material term of the Agreement. ARTICLE 6 INDEMNIFICATION AND GENERAL LIABILITY 6.1 Indemnification. SUBRECIPIENT shall indemnify, protect, defend and hold harmless each of the Indemnified Parties from and against any and all Losses arising from, in connection with or caused by SUBRECIPIENT's performance of this Agreement, including, but not limited to, the following: (a) a material breach of this Agreement by SUBRECIPIENT; (b) a material breach of any representation or warranty of SUBRECIPIENT contained in this Agreement; (c) any personal injury or death caused, directly or indirectly, by any act or omission of SUBRECIPIENT or its employees or agents; (d) any loss of or damage to property caused, directly or indirectly, by any act or omission of SUBRECIPIENT or its employees or agents; (e) the use, misuse or failure of any equipment or facility used by SUBRECIPIENT, or by any of its employees or agents, regardless of whether such equipment or facility is furnished, rented or loaned to SUBRECIPIENT by an Indemnified Party; (f) any tax, fee, assessment or other charge for which SUBRECIPIENT is responsible under Section 10.4; or (g) any infringement of patent rights, copyright, trade secret or any other proprietary right or trademark of any person or entity in consequence of the use by any Indemnified Party of any goods or services furnished by SUBRECIPIENT or its employees or agents to such Indemnified Party in connection with this Agreement. The foregoing indemnity shall include, without limitation, reasonable fees of attorneys, consultants and experts and related costs and San Diego's costs of investigating any claims against San Diego. 6.2 Duty to Defend; Notice of Loss. SUBRECIPIENT acknowledges and agrees that its obligation to defend the Indemnified Parties under Section 6.1: (a) is an immediate obligation, independent of its other obligations hereunder; (b) applies to any Loss which actually or potentially falls within the scope of Section 6.1, regardless of whether the allegations asserted in connection with such Loss are or may be groundless, false or fraudulent; and (c) arises at the time the Loss is tendered to SUBRECIPIENT by the Indemnified Party and continues at all times thereafter. The Indemnified Party shall give SUBRECIPIENT prompt notice of any Loss under Section 6.1 and SUBRECIPIENT shall have the right to defend, settle and compromise any such Loss; provided, however, that the Indemnified Party shall have the right to retain its own counsel at the expense of SUBRECIPIENT if representation of such Indemnified Party by the counsel retained by SUBRECIPIENT would be inappropriate due to conflicts of interest between such Indemnified Party and SUBRECIPIENT. An Indemnified Party's failure to notify SUBRECIPIENT promptly of any Loss shall not relieve SUBRECIPIENT of any liability to such Indemnified Party pursuant to Section 6.1, unless such failure materially impairs SUBRECIPIENT's FY 18 UASI — SUBRECIPIENT Page 11 of 20 October 1, 2018 68 of 271 ability to defend such Loss. SUBRECIPIENT shall seek the Indemnified Party's prior written consent to settle or compromise any Loss if SUBRECIPIENT contends that such Indemnified Party shares in liability with respect thereto. 6.3 Incidental and Consequential Damages. Losses covered under this Article 6 shall include any and all incidental and consequential damages resulting in whole or in part from SUBRECIPIENT's acts or omissions. Nothing in this Agreement shall constitute a waiver or limitation of any rights that any Indemnified Party may have under applicable law with respect to such damages. 6.4 LIMITATION ON LIABILITY OF SAN DIEGO. CITY'S OBLIGATIONS UNDER THIS AGREEMENT SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF GRANT FUNDS ACTUALLY DISBURSED HEREUNDER. NOTWITHSTANDING ANY OTHER PROVISION CONTAINED IN THIS AGREEMENT OR ANY OTHER DOCUMENT OR COMMUNICATION RELATING TO THIS AGREEMENT, IN NO EVENT SHALL CITY BE LIABLE, REGARDLESS OF WHETHER ANY CLAIM IS BASED ON CONTRACT OR TORT, FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES, INCLUDING LOST PROFITS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE GRANT FUNDS, THE GRANT PLAN OR ANY ACTIVITIES PERFORMED IN CONNECTION WITH THIS AGREEMENT. ARTICLE 7 EVENTS OF DEFAULT AND REMEDIES; TERMINATION FOR CONVENIENCE 7.1 Events of Default. The occurrence of any one or more of the following events shall constitute an "Event of Default" under this Agreement: (a) False Statement. Any statement, representation, certification or warranty contained in this Agreement, in any Reimbursement Request, or in any other document submitted to the UASI Management Team or to City under this Agreement is found by the UASI Management Team or by City to be false or misleading. (b) Failure to Perform Other Covenants. SUBRECIPIENT fails to perform or breaches any provision or covenant of this Agreement to be performed or observed by SUBRECIPIENT as and when performance or observance is due and such failure or breach continues for a period of ten (10) days after the date on which such performance or observance is due. (c) Failure to Comply with Applicable Laws. SUBRECIPIENT fails to perform or breaches any of the terms or provisions of Article 12. (d) Voluntary Insolvency. SUBRECIPIENT(i) is generally not paying its debts as they become due, (ii) files, or consents by answer or otherwise to the filing against it of, a petition for relief or reorganization or arrangement or any other petition in bankruptcy or for liquidation or to take advantage of any bankruptcy, insolvency or other debtors' relief law of any jurisdiction, (iii) makes an assignment for the benefit of its creditors, (iv) consents to the appointment of a custodian, receiver, trustee or other officer with similar powers of SUBRECIPIENT or of any substantial part of SUBRECIPIENT's property or (v) takes action for the purpose of any of the foregoing. (e) Involuntary Insolvency. Without consent by SUBRECIPIENT, a court or government authority enters an order, and such order is not vacated within ten (10) days, (i) appointing a custodian, receiver, trustee or other officer with similar powers with respect to SUBRECIPIENT or with respect to any substantial part of SUBRECIPIENT's property, (ii) constituting an order for relief or approving a petition for relief or reorganization or arrangement or any other petition in bankruptcy or for liquidation FY 18 UASI — SUBRECIPIENT Page 12 of 20 October 1, 2018 69 of 271 or to take advantage of any bankruptcy, insolvency or other debtors' relief law of any jurisdiction or (iii) ordering the dissolution, winding -up or liquidation of SUBRECIPIENT. 7.2 Remedies upon Event of Default. Upon and during the continuance of an Event of Default, City may do any of the following, individually or in combination with any other remedy: (a) Termination. City may terminate this Agreement by giving a written termination notice to SUBRECIPIENT and, on the date specified in such notice, this Agreement shall terminate and all rights of SUBRECIPIENT hereunder shall be extinguished. In the event of such termination, City will pay SUBRECIPIENT for Authorized Expenditures in any Reimbursement Request that was submitted and approved by the UASI Management Team and by City prior to the date of termination specified in such notice. (b) Withholding of Grant Funds. City may withhold all or any portion of Grant Funds not yet disbursed hereunder, regardless of whether SUBRECIPIENT has previously submitted a Reimbursement Request or whether the UASI Management Team and/or City has approved the disbursement of the Grant Funds requested in any Reimbursement Request. Any Grant Funds withheld pursuant to this Section and subsequently disbursed to SUBRECIPIENT after cure of applicable Events of Default shall be disbursed without interest. (c) Return of Grant Funds. City may demand the immediate return of any previously disbursed Grant Funds that have been claimed or expended by SUBRECIPIENT in breach of the terms of this Agreement, together with interest thereon from the date of disbursement at the maximum rate permitted under applicable law. 7.3 Termination for Convenience. (a) City shall have the option, in its sole discretion, to terminate this Agreement, at any time during the term hereof, for convenience and without cause. City shall exercise this option by giving SUBRECIPIENT written notice of termination. The notice shall specify the date on which termination shall become effective. (b) Upon receipt of the notice, SUBRECIPIENT shall commence and perform, with diligence, all actions necessary on the part of SUBRECIPIENT to effect the termination of this Agreement on the date specified by City and to minimize the liability of SUBRECIPIENT and City to third parties as a result of termination. All such actions shall be subject to the prior approval of the UASI Management Team. (c) Within 30 days after the specified termination date, SUBRECIPIENT shall submit to the UASI Management Team an invoice for all Authorized Expenses incurred through the termination date. For Authorized Expenses incurred after receipt of the notice of termination, City will only reimburse SUBRECIPIENT if the Authorized Expenses received prior approval from the UASI Management Team as specified in subparagraph (b). (d) In no event shall City be liable for costs incurred by SUBRECIPIENT or any of its contractors after the termination date specified by City. (e) City's payment obligation under this Section shall survive termination of this Agreement. 7.4 Remedies Nonexclusive. Each of the remedies provided for in this Agreement may be exercised individually or in combination with any other remedy available hereunder or under applicable laws, rules and regulations. The remedies contained herein are in addition to all other remedies available to City at FY 18 UASI — SUBRECIPIENT Page 13 of 20 October 1, 2018 70 of 271 law or in equity by statute or otherwise and the exercise of any such remedy shall not preclude or in any way be deemed to waive any other remedy. ARTICLE 8 ASSIGNMENTS 8.1 No Assignment by SUBRECIPIENT. SUBRECIPIENT shall not, either directly or indirectly, assign, transfer, hypothecate, subcontract or delegate all or any portion of this Agreement or any rights, duties or obligations of SUBRECIPIENT hereunder without the prior written consent of the UASI Management Team. This Agreement shall not, nor shall any interest herein, be assignable as to the interest of SUBRECIPIENT involuntarily or by operation of law without the prior written consent of City. A change of ownership or control of SUBRECIPIENT or a sale or transfer of substantially all of the assets of SUBRECIPIENT shall be deemed an assignment for purposes of this Agreement. 8.2 Agreement Made in Violation of this Article. Any agreement made in violation of Section 8.1 shall confer no rights on any person or entity and shall automatically be null and void. 8.3 SUBRECIPIENT Retains Responsibility. SUBRECIPIENT shall in all events remain liable for the performance by any contractor, or assignee of all of the covenants, terms and conditions in this Agreement. ARTICLE 9 NOTICES AND OTHER COMMUNICATIONS 9.1 Requirements. Unless otherwise specifically provided herein, all notices, consents, directions, approvals, instructions, requests and other communications hereunder shall be in writing, shall be addressed to the person and address set forth below and shall be (a) deposited in the U.S. mail, first class, certified with return receipt requested and with appropriate postage, (b) hand delivered or (c) sent via facsimile (if a facsimile number is provided below): If to City of San Diego Office of Homeland Security UASI Management Team: San Diego Office of Homeland Security 9601 Ridgehaven Court, MS 1101C San Diego, CA 92123 Attn: Katherine Jackson, Program Manager Facsimile No.: (619) 533-6786 If to SUBRECIPIENT: National City Fire Department 343 E. 16th Street National City, CA 91950 Attn: Walter Amedee Facsimile No.: (619) 336-4572 9.2 Effective Date. All communications sent in accordance with Section 9.1 shall become effective on the date of receipt. Such date of receipt shall be determined by: (a) if mailed, the return receipt, completed by the U.S. postal service; (b) if sent via hand delivery, a receipt executed by a duly authorized agent of the party to whom the notice was sent; or (c) if sent via facsimile, the date of telephonic confirmation of receipt by a duly authorized agent of the party to whom the notice was sent or, if such FY 18 UASI — SUBRECIPIENT Page 14 of 20 October 1, 2018 71 of 271 confirmation is not reasonably practicable, the date indicated in the facsimile machine transmission report of the party giving such notice. 9.3 Change of Address. From time to time any party hereto may designate a new address or recipient for notice for purposes of this Article 9 by written notice to the other party and the UASI Management Team. ARTICLE 10 MISCELLANEOUS 10.1 No Waiver. No waiver by San Diego of any default or breach of this Agreement shall be implied from any failure by the UASI Management Team or San Diego to take action on account of such default if such default persists or is repeated. No express waiver by San Diego shall affect any default other than the default specified in the waiver and shall be operative only for the time and to the extent therein stated. Waivers by San Diego of any covenant, term or condition contained herein shall not be construed as a waiver of any subsequent breach of the same covenant, term or condition. The consent or approval by the UASI Management Team of any action requiring further consent or approval shall not be deemed to waive or render unnecessary the consent or approval to or of any subsequent similar act. 10.2 Modification. This Agreement may not be modified, nor may compliance with any of its terms be waived, except by written instrument executed and approved in the same manner as this Agreement; provided, however, that the Executive Director or designee may establish alternate procedures for modification of the Grant Plan. 10.3 Governing Law; Venue. The formation, interpretation and performance of this Agreement shall be governed by the laws of the State of California, without regard to its conflict of laws principles. Venue for all litigation relative to the formation, interpretation and performance of this Agreement shall be in San Diego. 10.4 SUBRECIPIENT to Pay All Taxes. SUBRECIPIENT shall pay to the appropriate governmental authority, as and when due, any and all taxes, fees, assessments or other governmental charges, including possessory interest taxes and California sales and use taxes, levied upon or in connection with this Agreement, the Grant Plan, the Grant Funds or any of the activities contemplated by this Agreement. 10.5 Headings. All article and section headings and captions contained in this Agreement are for reference only and shall not be considered in construing this Agreement. 10.6 Entire Agreement. This Agreement sets forth the entire Agreement between the parties, and supersedes all other oral or written provisions. The following Appendices are attached to and a part of this Agreement: • Appendix A, SUBRECIPIENT Award Letter • Appendix B, Grant Assurances • Appendix C, Form of Reimbursement Request • Appendix D, Performance Period Extension Request 10.7 Certified Resolution of Signatory Authority. Upon request of San Diego, SUBRECIPIENT shall deliver to San Diego a copy of the corporate resolution(s) authorizing the execution, delivery and performance of this Agreement, certified as true, accurate and complete by the appropriate authorized representative of SUBRECIPIENT. FY 18 UASI — SUBRECIPIENT Page 15 of 20 October 1, 2018 72 of 271 10.8 Severability. Should the application of any provision of this Agreement to any particular facts or circumstances be found by a court of competent jurisdiction to be invalid or unenforceable, then (a) the validity of other provisions of this Agreement shall not be affected or impaired thereby, and (b) such provision shall be enforced to the maximum extent possible so as to effect the intent of the parties and shall be reformed without further action by the parties to the extent necessary to make such provision valid and enforceable. 10.9 Successors; No Third -Party Beneficiaries. Subject to the terms of Article 8, the terms of this Agreement shall be binding upon, and inure to the benefit of, the parties hereto and their successors and assigns. Nothing in this Agreement, whether express or implied, shall be construed to give any person or entity (other than the parties hereto and their respective successors and assigns and, in the case of Article 6, the Indemnified Parties) any legal or equitable right, remedy or claim under or in respect of this Agreement or any covenants, conditions or provisions contained herein. 10.10 Survival of Terms. The obligations of SUBRECIPIENT and the terms of the following provisions of this Agreement shall survive and continue following expiration or termination of this Agreement: Sections 4.3 and 4.4, Article 6, this Article 10, and the Grant Assurances of Appendix B. 10.11 Further Assurances. From and after the date of this Agreement, SUBRECIPIENT agrees to do such things, perform such acts, and make, execute, acknowledge and deliver such documents as may be reasonably necessary or proper and usual to complete the transactions contemplated by this Agreement and to carry out the purpose of this Agreement in accordance with this Agreement. 10.12 Disclosure of Subawards and Executive Compensation. Pursuant to the Federal Funding Accountability and Transparency Act (FFATA) (P.L. 109-282) as amended by Section 6202(a) of the Government Funding Transparency Act of 2008 (P.L. 110-252), full disclosure to the public of entities or organizations receiving federal funds is now required. As defined by the Office of Management and Budget (OMB), all new Federal awards of $25,000 or more as of October 1, 2010, are subject to FFATA reporting requirements. The Transparency Act definition of "Federal awards" includes not only prime awards for grantees, cooperators, and contractors, but also awards to sub -recipients. If applicable, SUBRECIPIENT must provide the following information on SUBRECIPIENT letterhead within 30 days of receipt of this Agreement. 1. The Total compensation and names of the top five executives if: a) 80% or more of annual gross revenues are from Federal awards (contracts, sub -contracts and Federal financial assistance), and $25,000,000 or more in annual gross revenues from Federal awards; and, b) Compensation information is not already available through reporting to the Securities and Exchange Commission. 10.13 Cooperation with UASI Programs and Activities. (a) Subject to reasonable terms and conditions, SUBRECIPIENT agrees to participate in UASI-sponsored exercises, and to make available equipment acquired with Grant Funds for use as part of such exercises. (b) To the extent permitted by law, SUBRECIPIENT agrees to share with the Approval Authority informational work products (such as plans, reports, data, etc.) created or acquired using Grant Funds. FY 18 UASI — SUBRECIPIENT Page 16 of 20 October 1, 2018 73 of 271 (c) To appropriately recognize the regional collaborative nature of grant funded planning projects, all groups, individuals and jurisdictions who contributed to and/or participated in the planning process shall be properly and clearly acknowledged in the final deliverable. ARTICLE 11 INSURANCE 11.1 Types and Amounts of Coverage. Without limiting SUBRECIPIENT's liability pursuant to Article 6 of this Agreement, SUBRECIPIENT shall maintain in force, during the full term of the Agreement, insurance in the following amounts and coverages: (a) Workers' Compensation, in statutory amounts, with Employers' Liability Limits not less than $1,000,000 each accident, injury, or illness; and (b) Commercial General Liability Insurance with limits not less than $1,000,000 each occurrence Combined Single Limit for Bodily Injury and Property Damage, including Contractual Liability, Personal Injury, Products and Completed Operations; and (c) Commercial Automobile Liability Insurance with limits not less than $1,000,000 each occurrence Combined Single Limit for Bodily Injury and Property Damage, including Owned, Non - Owned and Hired auto coverage, as applicable. 11.2 Additional Requirements for General and Automobile Coverage. Commercial General Liability and Commercial Automobile Liability Insurance policies must be endorsed to provide: (a) Name as Additional Insured the City and County of San Diego, its Officers, Agents, and Employees. (b) That such policies are primary insurance to any other insurance available to the Additional Insureds, with respect to any claims arising out of this Agreement, and that insurance applies separately to each insured against whom claim is made or suit is brought. 11.3 Additional Requirements Regarding Workers' Compensation. Regarding Workers' Compensation, SUBRECIPIENT hereby agrees to waive subrogation which any insurer of SUBRECIPIENT may acquire from SUBRECIPIENT by virtue of the payment of any loss. SUBRECIPIENT agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation. The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the SUBRECIPIENT, its employees, agents and subcontractors. 11.4 Additional Requirements for All Policies. All policies shall provide thirty days' advance written notice to the City of reduction or nonrenewal of coverages or cancellation of coverages for any reason. Notices shall be sent to the City address in Article 9, Notices and Other Communications. 11.5 Required Post -Expiration Coverage. Should any of the required insurance be provided under a claims -made form, SUBRECIPIENT shall maintain such coverage continuously throughout the term of this Agreement and, without lapse, for a period of three years beyond the expiration of this Agreement, to the effect that, should occurrences during the Agreement term give rise to claims made after expiration of the Agreement, such claims shall be covered by such claims -made policies. FY 18 UASI — SUBRECIPIENT Page 17 of 20 October 1, 2018 74 of 271 11.6 General Annual Aggregate Limit/Inclusion of Claims Investigation or Legal Defense Costs. Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit or provides that claims investigation or legal defense costs be included in such general annual aggregate limit, such general annual aggregate limit shall be double the occurrence or claims limits specified above. 11.7 Lapse in Insurance. Should any required insurance lapse during the term of this Agreement, requests for reimbursement originating after such lapse may not be processed, in the City's sole discretion, until the City receives satisfactory evidence of reinstated coverage as required by this Agreement, effective as of the lapse date. If insurance is not reinstated, the City may, at its sole option, terminate this Agreement effective on the date of such lapse of insurance. 11.8 Evidence of Insurance. Before commencing any operations or expending any Grant Funds under this Agreement, SUBRECIPIENT shall furnish to City certificates of insurance and additional insured policy endorsements with insurers with ratings comparable to A-, VIII or higher, that are authorized to do business in the State of California, and that are satisfactory to City, in form evidencing all coverages set forth above. Failure to maintain insurance shall constitute a material breach of this Agreement. 11.9 Effect of Approval. Approval of the insurance by City shall not relieve or decrease the liability of SUBRECIPIENT hereunder. 11.10 Insurance for Subcontractors and Evidence of this Insurance. If a subcontractor will be used to complete any portion of this Agreement, SUBRECIPIENT shall ensure that the subcontractor shall provide all necessary insurance and shall name the City and County of San Diego, its officers, agents and employees and the SUBRECIPIENT as additional insureds. 11.11 Authority to Self -Insure. Nothing in this Agreement shall preclude SUBRECIPIENT from self - insuring all or part of the insurance requirement in this Article. However, SUBRECIPIENT shall provide proof of self-insurance, in a form acceptable to San Diego, in the amounts of each line of self-insurance. ARTICLE 12 COMPLIANCE 12.1 Nondiscrimination. In the performance of this Agreement, SUBRECIPIENT agrees not to discriminate against any employee, San Diego employee working with SUBRECIPIENT, applicant for employment with SUBRECIPIENT, or against any person seeking accommodations, advantages, facilities, privileges, services, or membership in all business, social, or other establishments or organizations, on the basis of the fact or perception of a person's race, color, creed, religion, national origin, ancestry, age, height, weight, sex, sexual orientation, gender identity, domestic partner status, marital status, disability or Acquired Immune Deficiency Syndrome or HIV status (AIDS/HIV status), or association with members of such protected classes, or in retaliation for opposition to discrimination against such classes. 12.2 Conflict of Interest. Through its execution of this Agreement, SUBRECIPIENT acknowledges that it is familiar with the provisions of Section 87100 et seq. and Section 1090 et seq. of the Government Code of the State of California, and certifies that it does not know of any facts which constitutes a violation of said provisions and agrees that it will immediately notify City if it becomes aware of any such fact during the term of this Agreement. SUBRECIPIENT agrees that it will promptly notify City in writing of all violations of State or Federal criminal law involving fraud, bribery, or gratuities affecting or involving the use of Grant Funds. FY 18 UASI — SUBRECIPIENT Page 18 of 20 October 1, 2018 75 of 271 12.3 Compliance with ADA. SUBRECIPIENT acknowledges that, pursuant to the ADA, programs, services and other activities provided by a public entity to the public, whether directly or through a grantee or contractor, must be accessible to the disabled public. SUBRECIPIENT shall not discriminate against any person protected under the ADA in connection with all or any portion of the Grant Plan and shall comply at all times with the provisions of the ADA. FY 18 UASI — SUBRECIPIENT Page 19 of 20 October 1, 2018 76 of 271 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the date first specified herein. CITY OF SAN DIEGO: CITY OF NATIONAL CITY: By: By: KATHERINE JACKSON PROGRAM MANAGER OFFICE OF HOMELAND SECURITY Approved as to Form: Mara W. Elliott City Attorney By: Deputy City Attorney ALEJANDRA SOTELO-SOLIS MAYOR Federal Tax ID #: 95-6000749 FY 18 UASI — SUBRECIPIENT Page 20 of 20 October 1, 2018 77 of 271 Appendix A - Subrecipient Award Letter The City of SAN DIEGO") Office of Homeland Security February 26, 2019 Alejandra Sotelo-Solis Mayor City of National City 1243 National City Blvd National City, CA 91950 SUBJECT: NOTIFICATION OF SUBRECIPIENT AWARD APPROVAL FY 2018 Homeland Security Grant Program Grant# 2018-0054 Cal OES ID# 073-66000 Sub -recipient Performance Period: September 1, 2018, to May 31, 2021 Sub -recipient: City of National City The San Diego Office of Homeland Security (SD OHS) has approved your FY18 Urban Area Security Initiative (UASI) award. Reimbursement Claim Activities: Amount: Due Date: All Projects $32,432 Project 002 — Situation Awareness Applications $10,000 May 31, 2020 Project 010 — Tactical Robots $8,555 May 31, 2020 Project 021 — Regional Training - Participation $13,877 May 31, 2020 During the application process, the Regional Technology Partnership (RTP) vetted and the Urban Area Working Group (UAWG) approved your project(s). Throughout the grant cycle, SD OHS will use performance milestones set in the HSGP application as indicators of performance and this information may be used in assessing future competitive grant applications. All activities funded with this award must be completed within the sub -recipient performance period. You are required to comply with all applicable federal, state, and local environmental and historic preservation (EHP) requirements. Additionally, Aviation/Watercraft requests, projects requiring EHP review, federal schedule and sole source procurement requests, regardless of dollar amount, require prior approval from OHS and the California Governor's Office of Emergency Services (Cal OES). Sub -recipients must obtain written approval for these activities prior to incurring any costs, in order to be reimbursed for any related costs under this grant. Sub -recipients are also required to obtain a performance bond prior to the purchase of any equipment item over $250,000, including any aviation or watercraft financed with homeland security dollars. Performance bonds must be submitted to your UASI Program Representative no later than the time of reimbursement. Following acceptance of this award, you must sign and return the SD OHS Memorandum of FY18 UASI - SUBRECIPIENT A-1 October 1, 2018 Appendix A - Subrecipient Award Letter City of National City February 26, 2019 Page 2 Understanding (MOU) as well as the Cal OES grant assurances. Once your completed MOU and Grant Assurances are signed and received in our office, you may request reimbursement of eligible grant expenditures. Your agency must coordinate with SD OHS to prepare and submit quarterly projections and milestone reporting via email so that SD OHS can comply with the semi-annual BSIR reporting for the duration of the grant period or until you complete all activities and the grant is formally closed. Failure to submit required reports could result in grant reduction, suspension, or termination. This grant is subject to all provisions of 2 CFR Part 200. Any funds received in excess of current needs, approved amounts, or those found owed as a result of a final review or audit, must be refunded to SD OHS within 30 days upon receipt of an invoice from SD OHS. Your dated signature is required on this letter. Please sign and return the original to your UASI Program Representative at 1200 3rd Ave Ste. 1700, San Diego, CA 92101 within 20 days of receipt and keep a copy for your files. For further assistance, please feel free to contact your SD OHS UASI Program Representative at (619) 533-6760. rely, a'` *s` ne Jac on Program Manager City of San Diego Office of Homeland Security zi 11 i Date FY18 UASI - SUBRECIPIENT A-1 October 1, 2018 79 of 271 Appendix B-- Grant Assurances Name of Jurisdiction: City of National City Name of Authorized Agent: Alejandra Sotelo-Solis Address: 1243 National City Blvd. City: National City State: California Zip Code: 91950 Telephone Number: (619) 336-4283 Fax Number: (619) 336-4239 E-Mail Address: asotelosolis@nationalcityca.gov As the duly authorized representative of the Applicant, I hereby certify that the Applicant has the legal authority to apply for federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay any non-federal share of project cost) to ensure proper planning, management, and completion of the project described in this application, within prescribed timelines. further acknowledge that the Applicant is responsible for reviewing and adhering to all requirements within the: (a) Applicable Federal Regulations (see below); (b) Federal Program Notice of Funding Opportunity (NOFO); (c) California Supplement to the NOFO; and (d) Federal and State Grant Program Guidelines. Federal Regulations Government cost principles, uniform administrative requirements, and audit requirements for federal grant programs are set forth in Title 2, Part 200 of the Code of Federal Regulations (C.F.R.). Updates are issued by the Office of Management and Budget (OMB) and can be found at http://www.whitehouse.gov/omb/. Significant state and federal grant award requirements (some of which appear in the documents listed above) are set forth below. The Applicant hereby agrees to comply with the following: 1. Proof of Authority The Applicant will obtain written authorization from the city council, governing board, or authorized body in support of this project. This written authorization must specify that the Applicant and the city council, governing board, or authorized body agree: (a) To provide all matching funds required for the grant project and that any cash match will be appropriated as required; (b) Any liability arising out of the performance of this agreement shall be the responsibility of the Applicant and the city council, governing board, or authorized body; (c) Grant funds shall not be used to supplant expenditures controlled by the city council, governing board, or authorized body, and (d) The official executing this agreement is, in fact, authorized to do so. This Proof of Authority must be maintained on file and readily available upon request. FY 18 UASI — SUBRECIPIENT B-2 October 1, 2018 Initials: 80 of 271 2. Period of Performance The Applicant will initiate work after approval of the award and complete all work within the period of performance specified in the grant. 3. Lobbying and Political Activities As required by Section 1352, Title 31 of the United States Code (U.S.C.), for persons entering into a contract, grant, loan, or cooperative agreement from an agency or requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan, the Applicant certifies that: (a) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (b) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. (c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. The Applicant will also comply with provisions of the Hatch Act (5 U.S.C. §§ 1501-1508 and §§ 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds. Finally, the Applicant agrees that federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation or policy without the express written approval from the California Governor's Office of Emergency Services (Cal OES) or the federal awarding agency. 4. Debarment and Suspension As required by Executive Orders 12549 and 12689, and 2 C.F.R. § 200.213 and codified in 2 C.F.R. Part 180, Debarment and Suspension, the Applicant will provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the federal government. The Applicant certifies that it and its principals, subgrantees, recipients or subrecipients: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; (b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or FY 18 UASI — SUBRECIPIENT B-3 October 1, 2018 Initials: 81 of 271 local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (2)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transaction (federal, state, or local) terminated for cause or default. Where the Applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 5. Non -Discrimination and Equal Employment Opportunity The Applicant will comply with all federal statutes relating to non-discrimination. These include, but are not limited to, the following: (a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 42 U.S.C. § 2000d et. seq.) which prohibits discrimination on the basis of race, color, or national origin and requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services; (b) Title IX of the Education Amendments of 1972, (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex in any federally funded educational program or activity; (c) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794), which prohibits discrimination against those with disabilities or access and functional needs; (d) Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability and requires buildings and structures be accessible to those with disabilities and access and functional needs (42 U.S.C. §§ 12101-12213); (e) Age Discrimination Act of 1975, (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age; (f) Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd-2), relating to confidentiality of patient records regarding substance abuse treatment; (g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), relating to nondiscrimination in the sale, rental or financing of housing as implemented by the Department of Housing and Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units—i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground -floor units in buildings without elevators) — be designed and constructed with certain accessible features (See 24 C.F.R. § 100.201); (h) Executive Order 11246, which prohibits federal contractors and federally assisted construction contractors and subcontractors, who do over $10,000 in Government business in one year from discriminating in employment decisions on the basis of race, color, religion, sex, sexual orientation, gender identification or national origin; (i) Executive Order 11375, which bans discrimination on the basis of race, color, religion, sex, sexual orientation, gender identification, or national origin in hiring and employment in both the United States federal workforce and on the part of government contractors; (j) California Public Contract Code § 10295.3, which prohibits discrimination based on domestic partnerships and those in same sex marriages; FY 18 UASI — SUBRECIPIENT B-4 October 1, 2018 Initials: 82 of 271 (k) DHS policy to ensure the equal treatment of faith -based organizations, under which all applicants and recipients must comply with equal treatment policies and requirements contained in 6 C.F.R. Part 19; (I) Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made; and (m) The requirements of any other nondiscrimination statute(s) which may apply to the application. In addition to the items listed in (a) through (m), the Applicant will comply with California's Fair Employment and Housing Act (FEHA). FEHA prohibits harassment and discrimination in employment because of ancestry, familial status, race, color, religious creed (including religious dress and grooming practices), sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding), gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, mental and physical disability, genetic information, medical condition, age, pregnancy, denial of medical and family care leave, or pregnancy disability leave (California Government Code §§ 12940, 12945, 12945.2), military and veteran status, and/or retaliation for protesting illegal discrimination related to one of these categories, or for reporting patient abuse in tax supported institutions. 6. Drug -Free Workplace As required by the Drug -Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.), the Applicant certifies that it will maintain a drug -free workplace and a drug -free awareness program as outlined in the Act. 7. Environmental Standards The Applicant will comply with state and federal environmental standards, which may be prescribed pursuant to the following, as applicable: (a) California Environmental Quality Act (CEQA) (California Public Resources Code §§ 21000- 21177), to include coordination with the city or county planning agency; (b) CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, §§ 15000- 15387); (c) Federal Clean Water Act (CWA) (33 U.S.C. § 1251 et seq.), which establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters; (d) Federal Clean Air Act of 1955 (42 U.S.C. § 7401) which regulates air emissions from stationary and mobile sources; (e) Institution of environmental quality control measures under the National Environmental Policy Act (NEPA) of 1969 (P.L. 91-190); the Council on Environmental Quality Regulations for Implementing the Procedural Provisions of NEPA; and Executive Order 12898 which focuses on the environmental and human health effects of federal actions on minority and low-income populations with the goal of achieving environmental protection for all communities; (f) Evaluation of flood hazards in floodplains in accordance with Executive Order 11988; (g) Executive Order 11514 which sets forth national environmental standards; (h) Executive Order 11738 instituted to assure that each federal agency empowered to enter into contracts for the procurement of goods, materials, or services and each federal agency empowered to extend federal assistance by way of grant, loan, or contract shall undertake such procurement and assistance activities in a manner that will result in effective FY 18 UASI — SUBRECIPIENT B-5 October 1, 2018 Initials: 83 of 271 enforcement of the Clean Air Act and the Federal Water Pollution Control Act Executive Order 11990 which requires preservation of wetlands; (i) The Safe Drinking Water Act of 1974, (P.L. 93-523); (j) The Endangered Species Act of 1973, (P.L. 93-205); (k) Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 et seq.); (I) Conformity of Federal Actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (m)Wild and Scenic Rivers Act of 1968 (16 U.S.C. § 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. The Applicant shall not be: 1) in violation of any order or resolution promulgated by the State Air Resources Board or an air pollution district; 2) subject to a cease and desist order pursuant to § 13301 of the California Water Code for violation of waste discharge requirements or discharge prohibitions; or 3) determined to be in violation of federal law relating to air or water pollution. 8. Audits For subrecipients expending $750,000 or more in federal grant funds annually, the Applicant will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and Title 2 of the Code of Federal Regulations, Part 200, Subpart F Audit Requirements. 9. Access to Records In accordance with 2 C.F.R. § 200.336, the Applicant will give the awarding agency, the Comptroller General of the United States and, if appropriate, the state, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award. The Applicant will require any subrecipients, contractors, successors, transferees and assignees to acknowledge and agree to comply with this provision. 10. Conflict of Interest The Applicant will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 11. Financial Management False Claims for Payment The Applicant will comply with 31 U.S.0 §§ 3729-3733 which sets forth that no subgrantee, recipient, or subrecipient shall submit a false claim for payment, reimbursement or advance. 12. Reporting - Accountability The Applicant agrees to comply with applicable provisions of the Federal Funding Accountability and Transparency Act (FFATA) (P.L. 109-282), specifically (a) the reporting of subawards obligating $25,000 or more in federal funds and (b) executive compensation data for first -tier subawards. This includes the provisions of FFATA, which includes requirements for executive compensation, and also requirements implementing the Act for the non-federal entity at 2 C.F.R. Part 25 Financial Assistance Use of Universal Identifier and Central Contractor Registration and 2 C.F.R. Part 170 Reporting Subaward and Executive Compensation Information. FY 18 UASI — SUBRECIPIENT B-6 October 1, 2018 Initials: 84 of 271 13. Whistleblower Protections The Applicant also must comply with statutory requirements for whistleblower protections at 10 U.S.C. § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. § 4304 and § 4310. 14. Human Trafficking The Applicant will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. § 7104) which prohibits grant award recipients or a subrecipient from: (1) engaging in trafficking in persons during the period of time that the award is in effect; (2) procuring a commercial sex act during the period of time that the award is in effect; or (3) using forced labor in the performance of the award or subawards under the award. 15. Labor Standards The Applicant will comply with the following federal labor standards: (a) The Davis -Bacon Act (40 U.S.C. §§ 276a to 276a-7), as applicable, and the Copeland Act (40 U.S.C. § 3145 and 18 U.S.C. § 874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327-333), regarding labor standards for federally -assisted construction contracts or subcontracts, and (b) The Federal Fair Labor Standards Act (29 U.S.C. § 201 et al.) as they apply to employees of institutes of higher learning (IHE), hospitals and other non-profit organizations. 16. Worker's Compensation The Applicant must comply with provisions which require every employer to be insured to protect workers who may be injured on the job at all times during the performance of the work of this Agreement, as per the workers compensation laws set forth in California Labor Code §§ 3700 et seq. 17. Property -Related If applicable to the type of project funded by this federal award, the Applicant will: (a) Comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally -assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of federal participation in purchase; (b) Comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires subrecipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more; (c) Assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470), Executive Order 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §469a-1 et seq.); and (d) Comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. § 4831 and 24 CFR Part 35) which prohibits the use of lead -based paint in construction or rehabilitation of residence structures. FY 18 UASI — SUBRECIPIENT B-7 October 1, 2018 Initials: 85 of 271 18. Certifications Applicable Only to Federally -Funded Construction Projects For all construction projects, the Applicant will: (a) Not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with federal assistance funds to assure nondiscrimination during the useful life of the project; (b) Comply with the requirements of the awarding agency with regard to the drafting, review and approval of construction plans and specifications; and (c) Provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State. 19. Use of Cellular Device While Driving is Prohibited Applicants are required to comply with California Vehicle Code sections 23123 and 23123.5. These laws prohibit driving motor vehicle while using an electronic wireless communications device to write, send, or read a text -based communication. Drivers are also prohibited from the use of a wireless telephone without hands -free listening and talking, unless to make an emergency call to 911, law enforcement, or similar services. 20. California Public Records Act and Freedom of Information Act The Applicant acknowledges that all information submitted in the course of applying for funding under this program, or provided in the course of an entity's grant management activities that are under Federal control, is subject to the Freedom of Information Act (FOIA), 5 U.S.C. § 552, and the California Public Records Act, California Government Code section 6250 et seq. The Applicant should consider these laws and consult its own State and local laws and regulations regarding the release of information when reporting sensitive matters in the grant application, needs assessment, and strategic planning process. HOMELAND SECURITY GRANT PROGRAM - PROGRAM SPECIFIC ASSURANCES / CERTIFICATIONS 21. Reporting Accusations and Findings of Discrimination If during the past three years the recipient has been accused of discrimination on any basis the recipient must provide a list of all such proceedings, pending or completed, including outcome and copies of settlement agreements to the DHS Financial Assistance Office and the DHS Office for Civil Rights and Civil Liberties (CRCL) by e-mail at CRCL@hq.dhs.gov or by mail at U.S. Department of Homeland Security, Office for Civil Rights and Civil Liberties, Building 410, Mail Stop #0190, Washington, D.C. 20528. In the courts or administrative agencies make a finding of discrimination on grounds of race, color, national origin (including LEP), sex, age, disability, religion, or familial status against the recipient, or the recipients settle a case or matter alleging such discrimination, recipients must forward a copy of the complaint and findings to the DHS Financial Assistance Office and the CRCL by e-mail or mail at the addresses listed above. The United States has the right to seek judicial enforcement of these obligations. FY 18 UASI — SUBRECIPIENT B-8 October 1, 2018 Initials: 86 of 271 22. Acknowledgment of Federal Funding from DHS All recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds. 23. Activities Conducted Abroad All recipients must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. 24. Best Practices for Collection and Use of Personally Identifiable Information (PII) DHS defines personally identifiable information (PII) as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. All recipients who collect PII are required to have a publically-available privacy policy that describes standards on the usage and maintenance of PII they collect. Recipients may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy template a useful resource respectively. 25. Copyright All recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an acknowledgement of U.S. Government sponsorship (including the award number) to any work first produced under federal financial assistance awards. 26. Duplication of Benefits Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies, to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions, or for other reasons. However, these prohibitions would not preclude recipients from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions. 27. Energy Policy and Conservation Act All recipients must comply with the requirements of 42 U.S.C. § 6201 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act. 28. Federal Debt Status All recipients are required to be non -delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A-129. 29. Fly America Act of 1974 All recipients must comply with Preference for U.S. Flag Air Carriers: (air carriers holding certificates under 49 U.S.C. § 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. § 40118) and the interpretative guidelines FY 18 UASI — SUBRECIPIENT B-9 October 1, 2018 Initials: 87 of 271 issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-138942. 30. Hotel and Motel Fire Safety Act of 1990 In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, all Applicants must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, as amended, 15 U.S.C. § 2225a. 31. Non -supplanting Requirement All recipients who receive federal financial assistance awards made under programs that prohibit supplanting by law must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non-federal sources. 32. Patents and Intellectual Property Rights Unless otherwise provided by law, recipients are subject to the Bayh-Dole Act, Pub. L. No. 96-517, as amended, and codified in 35 U.S.C. § 200 et seq. All recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. § 401.14. 33. SAFECOM All recipients who receive federal financial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. 34. Terrorist Financing All recipients must comply with Executive Order 13224 and U.S. law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Recipients are legally responsible to ensure compliance with the Order and laws. 35. Reporting of Matters Related to Recipient Integrity and Performance If the total value of the recipient's currently active grants, cooperative agreements, and procurement contracts from all federal assistance offices exceeds $10,000,000 for any period of time during the period of performance of this federal financial assistance award, you must comply with the requirements set forth in the government -wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions. 36. USA Patriot Act of 2001 All recipients must comply with requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175-175c. 37. Use of DHS Seal, Logo, and Flags All recipients must obtain permission from their DHS Financial Assistance Office, prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials. FY 18 UASI — SUBRECIPIENT B-10 October 1, 2018 Initials: 88 of 271 IMPORTANT The purpose of the assurance is to obtain federal and state financial assistance, including any and all federal and state grants, loans, reimbursement, contracts, etc. The Applicant recognizes and agrees that state financial assistance will be extended based on the representations made in this assurance. This assurance is binding on the Applicant, its successors, transferees, assignees, etc. Failure to comply with any of the above assurances may result in suspension, termination, or reduction of grant funds. All appropriate documentation, as outlined above, must be maintained on file by the Applicant and available for Cal OES or public scrutiny upon request. Failure to comply with these requirements may result in suspension of payments under the grant or termination of the grant or both and the subrecipient may be ineligible for award of any future grants if the Cal OES determines that any of the following has occurred: (1) the recipient has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above. All of the language contained within this document must be included in the award documents for all subawards at all tiers. All recipients are bound by the Department of Homeland Security Standard Terms and Conditions 2018, Version 8.1, hereby incorporated by reference, which can be found at: https://www.dhs.gov/publication/fy 15-dhs-standardterms-and-conditions. The undersigned represents that he/she is authorized to enter into this agreement for and on behalf of the Applicant. Applicant: City of National City Signature of Authorized Agent: Printed Name of Authorized Agent: Alejandra Sotelo-Solis Title: Mayor Date: May 7, 2019 FY 18 UASI — SUBRECIPIENT B-11 October 1, 2018 Initials: 89 of 271 Appendix C -- Form of Reimbursement Request REIMBURSEMENT REQUEST City of San Diego Office of Homeland Security FY18 Urban Area Security Grant Grant: FY18 UASI Grant #2018-0054 CaIOES #073-66000 CFDA #97.067 Supporting Information for Cash Request Cash Request #: Requesting reimbursement in the amount of $ DUNS # Under Penalty of Perjury I certify that: • The total amount of funds requested pursuant to this Reimbursement Request will be used to reimburse SUBRECIPIENT for Authorized Expenditures, which expenditures are set forth on the attached Cover Sheet, to which are attached true and correct copies of all required documentation of such expenditures. • After giving effect to the disbursement requested pursuant to this Reimbursement Request, the Funds disbursed as of the date of this disbursement will not exceed the maximum amount set forth in Appendix A of this agreement for specific projects and programs. • The representations, warranties and certifications made in the Agreement are true and correct in all material respects as if made on the date hereof, and SUBRECIPIENT is in compliance with all Grant Assurances in Appendix B of the Agreement. Furthermore, by signing this report, SUBRECIPIENT certifies to the best of their knowledge and belief that the report is true, complete and accurate and expenditures, disbursements, and cash receipts are for the purpose and objectives set forth in the terms and conditions of the federal award. SUBRECIPIENT is aware that any false, fictitious or fraudulent information or the omission of any material fact, may subject SUBRECIPIENT to criminal civil or administrative penalties for fraud, false statements, false claims or otherwise. • No Event of Default has occurred and is continuing. • The undersigned is an officer of SUBRECIPIENT authorized to execute this Reimbursement Request on behalf of SUBRECIPIENT. • This claim is for costs incurred within the grant performance period Printed Name: Phone Number: Title: Email Address: Mailing Address: Fax Number: Remittance Address (Address check will be mailed to) Signature Date: Mail Reimbursement Requests to: City of San Diego Office of Homeland Security Grants Management Section 1200 Third Ave, Suite 1700 Mail Station 501 B San Diego, CA 92101 FY 18 UASI -SUBRECIPIENT C-1 October 1 Appendix C -- Form of Reimbursement Request REIMBURSEMENT REQUEST Cover Sheet (Invoice) Office of Homeland Security FY 18 Urban Area Security Initiative Grant Program Award # 2018-0054 Ca1OES ID #073-66000 CFDA #97.067 Reimbursement Request (Invoice) # Mail Reimbursement Request to: DATE: City of San Diego AGENCY: Office of Homeland Security ATTN: Grants Management Section DUNS Number: 1200 Third Ave, Suite 1700 Mail Station 501B San Diego, CA 92101 Expenditure Period: Maximum Amount of Funds Specified in Subrecipient Award Letter: Type of Expenditure Reimbursements Requested this Request Total Reimbursements Requested to Date (incl. this request) Equipment Training Planning Organization Exercise Total $ - $ - For questions regarding this reimbursement request contact Name Phone Email Remittance Address (Address check will be mailed to) FY 18 UASI - SUBRECIPIENT C-2 October 1, 91 of 271 Core City: Jurisdiction: Appendix C - Form of Reimbursement Request REIMBURSEMENT REQUEST Office of Homeland Security FY18 Urban Area Security Initiative Grant Program Training/Exercise Costs Detail Worksheet Course Delivery Overtime & Backfill Travel TOTAL S - S - S - S - S - S - $ $ $ $ $ $ $ TOTAL S - $ - $ - $ - TOTAL Expenditure Period: Date: Attendee Breakdown by Discipline EMA EMS FS GA HZ LE PH PSC PW Total 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 NOTE: O.T. fringe benefits are limited to FICA, Worker's Compensation and Unemployment Compensation. Each jurisdiction must ensure that reimbursement requests do not include any other O.T. fringe benefit expenditures. Other fringe benefit costs must be absorbed by the jurisdiction. OHS Grant: FY18 UASI Grant: #2018-0054 CaIOES #073-66000 Jurisdiction: ---- Amount $ Doc Ref: Reimb Rqt #--- Training or Exercise? FY 18 UASI - SUBRECIPIENT C-3 October 1, 1 92 of 271 Appendix C - Form of Reimbursement Request REIMBURSEMENT REQUEST PERSONNEL City of San Diego 2018-0054 073-66000 SUBMIT TO OHS ELECTRONICALLY AS WELL AS IN YOUR REIMBURSEMENT PACKET CFDA #: 97.067 LEDGER TYPE: Cash Request Today s Date Expenditure Period. (Date) From: (Date) To: Cash Request Project Letter Employee Name (Last name first) Backfilling For Project/Deliverable Funding Source Discipline Solution Area Solution Area Sub -Category Dates of Payroll Period Hourly Rate Overtime Rate Total salary & Benefits charged for this Reporting Period Total Project Hours Cash Request # Total Cost Charged m Grant UASI - - - - UASI - UASI - UASI - UASI - UASI - UASI - UASI - UASI - UASI - UASI - UASI - UASI - UASI - UASI - UASI - UASI - UASI - UASI - UASI - UASI - UASI - UASI - UASI - UASI - UASI - UASI - UASI - UASI - UASI - UASI - UASI - UASI - UASI - UASI - UASI - UASI - UASI - UASI - UASI - UASI - UASI - UASI - UASI - FY 18 UASI - SIBRECIPIENT C-4 Oclobe 93 of 271 AppendixC - Farm of Reimbursement Request REIMBURSEMENT REQUEST CONSULTANT / CONTRACTOR CFDA #: 97.067 HSGP City of San Diego 073-66000 2018-0054 SUBMIT TO OHS ELECTRONICALL Y AS WELL AS IN YOUR REIMBURSEMENT PACKET LEDGER TYPE: Cash Request Todays Date Expenditure Period: (Date) From' (Date) To: Cash Request Project Letter ConsultingTotal Firm & Consultant Name Project & Description of Services Deliverable Solution Area Solution Area Sub- Category Expenditure Category Period of Expenditure Fee For Deliverable Billable Hour Breakdown Cash Request # Total Cost Charged to Grant Salary & Benefits charged for this Reporting Period Hourly/Billing Rate Total Project Hours FY 18 UASI SUBRECIPIENT C-5 October 1 94 of 271 Appendix C - Form of Reimbursement Request REIMBURSEMENT REQUEST Per Diem Expenses for (Employee Name) Date Total Breakfast - Lunch Dinner Snack Tips - Total Meals - - - - - - - - - - - - - - GSA Per Diem Meals & Inc Exp. Max - Reimbursable Meal Amount - - - - - - - - - - - - - - Hotel - GSA Per Diem Lodging (excluding taxes & fee) - Reimbursable Lodging w taxes Amount - - - - - - - - - - - - - - Airfare - Mileage - Parking - Registration - Taxi - Total Reimbursable for - - - - - - - - - - - - - - Total Reimbursable for - Per Diem Expenses for (Employee Name) Date Total Breakfast - Lunch - Dinner Snack Tips - Total Meals - - - - - - - - - - - - - - GSA Per Diem Meals & Inc Exp. Max Reimbursable Meal Amount - - - - - - - - - - - - - - Hotel - GSA Per Diem Lodging (excluding taxes & fee) - Reimbursable Lodging w taxes Amount - - - - - - - - - - - - - - Airfare - Mileage - Parking Registration Taxi - Total Reimbursable for - - - - - - - - - - - - - - Total Reimbursable for - FY 18 UASI - SUBRECIPIENT C-6 October I95 of 271 APPENDIX D — PERFORMANCE PERIOD EXTENSION REQUEST City of San Diego Office of Homeland Security PERFORMANCE PERIOD EXTENSION REQUEST Subrecipient Name: UASI FY: Project: Project Title: Total Amount Allocated: Amount Expended: Original Performance Period Deadline: Requested New Performance Period Deadline (final reimbursement claim due on this date): 1. Describe the details of the project: 2. What is the current status of the project? 3. Please provide a timeline as to how you will meet the new requested date: 4. How have you analyzed your errors in the initial timeline? What are the reasons why the project is late? 5. How have you improved your planning and project management process to avoid future delays if this request is granted? What plans and documentation do you have in place to guarantee the requested deadline will be met? 6. List and describe all equipment with costs and AEL #s: Equipment & Description Cost AEL number PROJECT A: TOTAL PROJECT B: TOTAL FY 18 UASI — SUBRECIPIENT D-1 October 1, 2018 96 of 271 APPENDIX D — PERFORMANCE PERIOD EXTENSION REQUEST PROJECT D: TOTAL PROJECT E: TOTAL PROJECT G: TOTAL All Investments TOTAL FY 18 UASI — SUBRECIPIENT D-2 October 1, 2018 97 of 271 CC/CDC-HA Agenda 5/7/2019 — Page 98 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City Approving the Memorandum of Understanding (MOU) between the City and the National City Firefighters' Association (NCFFA). (Human Resources) Please scroll down to view the backup material. 98 of 271 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 7, 2019 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City Approving the Memorandum of Understanding (MOU) between the City and the National City Firefighters' Association (NCFFA). PREPARED BY: Robert J. Meteau Jr. PHONE: 336-4308 EXPLANATION: The labor agreement between the City of National City and the National City Firefighters' Association (NCFFA) expired June 30, 2018. City representatives began meeting and conferring in good faith with NCFFA representatives in March 2018, for the purpose of negotiating a successor agreement. On April 2, 2019 the NCFFA membership voted to ratify the terms of a two (2) year agreement, retroactive to June 30, 2018 as set forth by the negotiating teams. A complete summary of the terms of the agreement is attached. DEPARTMENT: Human Resources �'� APPROVED BY: f,/t.,v4`� `v"' FINANCIAL STATEMENT: ACCOUNT NO. Fiscal Impact: FY 19 - $126,000 FY 20 - $248,000; Total term of agreement - $374,000. ENVIRONMENTAL REVIEW: APPROVED: 04Finance APPROVED: MIS This is not a project and, therefore, is not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution approving the terms of a two (2) year agreement reached between the City National of City negotiating team and the City of National City Firefighters' Association (NCFFA). BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Summary of Package Tentative Agreement Between City and NCFFA NCFFA Memorandum of Understanding Resolution 99 of 271 CITY OF NATIONAL CITY/NATIONAL CITY FIREFIGHTERS' ASSOCIATION 2018 MOU NEGOTIATIONS Package Tentative Agreement on 3/1949 Article 3 — Uniform Allowance: Modify last paragraph to state, "Employees on probation may purchase a "Class A" uniform from the City's supplier. Upon successful completion of probation, the permanent employee will be eligible for reimbursement, up to the City cost for "Class A" uniforms. The monetary value of Class A uniforms is $857573.00 as of January, 20196. The Coity acknowledges this cost may rise in the future. Reimbursement and the reported amount of reimbursement will be the actual cost of the uniform." Article 5, Section 4 — Fire Suppression Holiday Work Schedule: Change bullet point 3 from "2nd Sunday in April" to `Easter"' Article 5, Section 5: Modify to state, "In lieu of holiday time off, represented employees shall receive 11.1 hours of base salary for each 28 day work period. However, those suppression personnel temporarily assigned to a 10 hour work schedule shall not work on fixed holidays observed by Fire Management and thattime off will be charged against their vacation accruaL" Article 7 — Annual Vacation Leave: Delete current Article 7, Section 3, as follows: "Fire Suppression Employees who volunteer to remain on a 10 hour assignment for more than 12 months shall accrue the same vacation as the permanent 10 hour assignment (see above)." Article 7, Section 5 — Maximum Vacation Accumulation An eligible employee may accumulate vacation to a maximum of 3.02.5 time-s an employee's annual accruaL Vacation accrualwill discontinue upon reaching the maximum until the employee reduces vacation accumulation. The maximum allowable accruals are as follows: hours for all 56-hour safety employees with less than five (5) year's service.; hours for permanent 40-hour safety employees with less than five (5) year's service. hours for all 56-hour safety employees with five (5) to fifteen (15) year's service; hours for permanent40-hour safety employees with five (5) to fifteen (15) year's service. 721600 hours for all 56-hour safety employees with fifteen (15) plus year's service; 51542- hours for permanent 40-hour safety employees with fifteen (15) plus year's service. Article 14 — Forty -Hour Assignment Pay: Add the following sentence to the end of Article 14, "Employees in a modified duty status due to a work related injury may continue to work a 24- 1 100 of 271 hour shift schedule and thus not receive 40-hour assignment differential pay if the Department concludes, in its discretion, the Department can accommodate the work restriction with the employee working a shift schedule." Article 21 — PERS: Modify Section 2(A)2. and Section 2(B)2. to state, "Each unit member shall pay the full member contribution to CaIPE RS equal to nine percent (9%) of the compensation paid the member for service rendered. Effective the first full pay period in July 2018, each unit employee shall contribute 1.0% toward the employer PERS rate for a total of 10.0% overall contributed toward their pensions. Effective the first full pay period in J my 2019, each unit employee shall contribute an additional 2.0% for a total of 3.0% toward the employer PERS rate, and a total of 12.0% overall contributed toward their pensions." Article 11, Section 2 —Sick Leave Earning and Accumulation: "1. 56-hour Fire Suppression personnel of the Fire Department shall earn 5.54 hours of sick leave for each full pay cycle of employment. permanent 40- hour employees shallearn 3.69 hours of sick leave per pay cycle. 2. Accumulated Sick Leave: Each permanent or probationary 56-hour employee covered by this Memorandum shall, on June 30, 1980, be eligible to accumulate sick leave up to a maximum of 1,200740 hours, (herein "accumulative sick leave"). sick leave accrual will be credited on the last day of each pap period up to the 1,2007.2 -hour maximum limitation. Permanent 40- hour employees may accumulate up to - hours. 3. Upon reaching the maximum accumulated sick leave ( hours), accrual will discontinue and will resume only after the employee falls below 1,200.40 hours. Accrual will resume on the Last day of the pay period in which the employee's balance falls below the 1,200740-hour Level Said accrual will occur at the established rate as defined in paragraph (1) above." Article 18 — Employee and Dependent Health & Dental Insurance: "Section 1 As a benefit to full-time employees covered by this Memorandum of Understanding, the City will provide a group health insurance and a group dental insurance program. The benefits and limitations of the programs are to be designed cooperatively by the Employees' Association, the Insurance Carriers and the City. The Association and City agree to select and implement health insurance programs that meet the requirements of the Health Maintenance Act of 1973. In the event the cost of insurances selected by the employee exceeds the contribution by the City, the employee must pay the excess amount 2 101 of 271 Section 2 Cash Back and Cash -in -Lieu An employee must select coverage for health and dental insurance to be eligible for cash -in -lieu. If coverage selected costs less than the contribution by the City, the difference shall be paid to the employee in the form of money to a maximum of $100/month. Effective the first full pay period following City Council approval of this 2018-2020 MOU, an employee that opts out of City health and attests to alternative family health coverage shall receive a taxable payment of $150 per month. Effective the first full pay period in July 2019, an employee that opts out of City health and attests to alternative family health coverage shall receive a taxable payment of $200 per month. Section 3 Medical & Dental Benefits As of J anuary 31, 2019Effective February 1, 2011, the City s contributes the following amounts for health and dental benefits: CITY'S CONTRIBUTION IF ELECT THE KAISER HIGH DEDUCTIBLE HEALTH PLAN (Kaiser HDHP) Employee Only $457.56/month Employee +1 $736.80/month Employee +2 or more $1,029.81/month CITY'S CONTRIBUTION FOR ALL PLANS OTHER THAN KAISER HIGH DEDUCTIBLE HEALTH PLAN (Kaiser HDHP): Employee Only $527.41/month Employee +1 $876.54/month Employee +2 or more $1,227.43/month Employee only $157.56 per month Employee and one dependent $736.80 per month Employee plus 2 or more dependents $1,029.81 per myth Effective the first full pay period following City Council adoption of this 2018- 2020 MOU, the City will contribute the same amount regardless of what health plan an employee chooses equal to the amounts contributed to the non -high deductible plans. Also, effective the first full pay period following City Council adoption of this 2018-2020 MOU, the City will contribute $50 per month more than the City would be otherwise obligated to contribute under the cost sharing 3 102 of 271 methodology described in the next paragraph. Effective the first full pay period in J my 2019, the City will contribute an additionalffurther $50/month. Effective February 1, 2012, and in eEach following -health plan year (currently February through the following January), the City's new contribution obligation shaft be the City's monthly contribution amounts from the prior health plan year plus 50% of any increase in the applicable Kaiser health plan rate and least costly dental rate. During the term of this MOU, in the event that HealthNet withdraws or is eliminated as an insurer for the City under this provision and/or significant changes to coverage occur, immediately upon receipt of said notice and/or at its earliest opportunity, the City shall meet and confer with the Association on the issue of insurance benefits to adjust for such withdrawaVelimination of HealthNet Options within this meet and confer to deal with the withdrawal/elimination of HealthNet include, but are not limited to, selection of an alternate insurance provider, increases in City contributions towards health care, opt out options for employees with proof of alternate insurance together with an opt out contribution, etc. „ Article 22 -Wage Section 1 Total Compensation The City of National City strives whenever fiscally prudent to provide fire suppression personnel with total compensation comparable to the average of the 18 City Fire Departments in the County of San Diego. Total compensation surveys for bargaining unit members shall be performed according to the following criteria: (A) Benchmark classifications for the total compensation survey shall be: Firefighter; Engineer; Captain; and Battalion Chief. (B) Agencies to be surveyed for determining total compensation shall be: Carlsbad; Chula Vista; Coronado; Del Mar; El Cajon; Encinitas; Escondido; Imperial Beach; La Mesa; Lemon Grove; National City; Oceanside; Poway; San Diego; San Marcos; Santee; Solana Beach; and Vista. (C) Compensation items to be surveyed and included for each classification shall be: Employee Salary (top step); Medical contributions; Uniform Pay; Retirement contribution (EPMC paid by employer); Education Incentive; Paramedic Pay (for Firefighter classification only); and EMT Pay (for the Fire Captain, Engineer, and Battalion Chief classifications only). Section 2 Salary Increases 4 103 of 271 Effective the first full pay period in J uLy 2018, all employees shall receive a 3.0% wage increase. Effective the first full pay period in J my 2019, all employees shall receive a further 3.0% wage increase. The language set forth in the remainder of Section 2 below describes the process the City and FFA agreed upon to determine salary increases in 2015, 2016 and 2017. That language is retained below as a historical record of the methodology used in those three years but, as described in the prior paragraph, is not being used to determine salary adjustments during this 2018-2020 MOU. Year 1 (2015) At the C ity's expense, the City will conduct and complete a total compensation survey of all bargaining unit classifications, according to the criteria for conducting total compensation surveys stated in Section 1, above. The total compensation survey shall be based on compensation data from comparable agencies in effect on December 1, 2015. Comparable agency compensation adjustments approved which are implemented after December 1, 2015 shall not be considered in the survey. The City will give NCFFA the opportunity to verify the underlying data used in the compensation survey before the survey is finalized. After the total compensation survey is completed and the results of the survey are provided to NCFFA, the parties will meet to mutually agree no Later than January 11, 2016 on the single subject of implementing the results of the total compensation survey and will consider the following factors, including but not Limited to: • Determine the appropriate wage increases for NC FFA classifications which are below average market • Recruitment and retention challenges of any particular classifications(s) • The extent the classification is below market average The total amount of funds available for compensation increases for below market bargaining unit classifications will be equalto 4% of base salary for all employees represented by NCFFA and the total amount available shall be used in its entirety for increases to base salary for below market bargaining unit classifications. Any increases shall be effective the first full pay period following Council approval of this MOU or the first full pay period of December 2015 whichever is earlier. Year 2 At the C ity's expense, the City will conduct and complete a total compensation survey of all bargaining unit classifications, according to the criteria for conducting total compensation surveys stated in Section 1, above. The total compensation survey shall be based on compensation data of comparable agencies in effect on J my 1, 2016. Comparable agency compensation adjustments approved after J my 1, 2016 but retroactive to or before J my 1, 2016 shall not be considered in the survey. The City will give NC FFA the opportunity to 5 104 of 271 verify the underlying data used in the compensation survey before the survey is finalized. After the total compensation survey is completed and the results of the survey are provided to NCFFA, the parties will meet to mutually agree no Later than J une 1, 2016 on the single subject of implementing the results of the total compensation survey and will consider the following factors, including but not limited to: • Determine the appropriate wage increases for NCFFA classifications which are below average market • Recruitment and retention challenges of any particular classifications(s) • The extent the classification is below market average The totalamountoffunds available for compensation increases for below market bargaining unit classifications will be equal to 4% of total compensation (Total compensation defined as: annual salary, bilingual pay, uniform pay, EMT pay, Paramedic Pay, Holiday Pay, Residency Pay, Workers Compensation, CaIPERS, and Medicare effective J my 2016) for all employees represented by NCFFA and the total amount available shall be used in its entirety for increases to base salaries for below market bargaining unit classifications. Any increases shall be effective the first full pay period in August 2016 or the first full pay period following reaching agreement, whichever is later. Year 3 (2017) At the City's expense, the City will conduct and complete a total compensation survey of all bargaining unit classifications, according to the criteria for conducting total compensation surveys stated in Section 1, above. The total compensation survey shall be based on compensation data from comparable agencies in effect on J my 1, 2017. Comparable agency compensation adjustments approved which are implemented after J my 1, 2017 shall not be considered in the survey. The City will give NCFFA the opportunity to verify the underlying data used in the compensation survey before the survey is finalized. After the total compensation survey is completed and the results of the survey are provided to NC FFA, the parties will meet to mutually agree no later than J une 1, 2017 on the single subject of implementing the results of the total compensation survey and will consider the following factors, including but not limited to: • • Determine the appropriate wage increases for NCFFA classifications which are below average market Recruitment and retention challenges of any particular classifications(s) • The extent the classification is below market average 6 105 of 271 The totalamountoffunds available for compensation increases for below market bargaining unit classifications will be equalto 3% of base salary for allemployees represented by NCFFA and the total amount available shall be used in its entirety for increases to base salary for below market bargaining unit classifications. Any increases shall be effective the first full pay period in August 2017 or the first full pay period following reaching agreement, whichever is later. Article 22, Section 3 — Bilingual Pay: Those represented employees who can demonstrate competency in the Spanish or Tagalog languages as verified by the Personnel Department shall receive an additional2.0% incentive pay to the hourly base salaries. Effective the first full pay period following City Council approval of this 2018-2020 MOU, represented employees who can demonstrate competency in the Spanish or Tagalog languages as verified by the Human Resources Department shall receive 4.0% incentive pay to the hourly base salaries., Article 25, Section 2 — Educational Expenses Reimbursement Plan: "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 $2,0001 per employee, per fiscal year with a maximum pool of training funds per fiscal year of $20,000 for FFA represented employees, and is open to all employees who meet the following criteria: (A) S uccessful completion of probation. (B) A proposed course of instruction related to the employee's employment with the City. The City Manager or his designee has the final authority on determining whether a course is job related. Request must be submitted in writing on appropriate department form according to established procedures. (C) The reimbursement may be used to cover the costs of tuition, registration, travelexpenses and books. (D) If a letter grade is given, the course must be passed with a grade of "C" or better. If taken on pass/fail basis, employee must pass course(s) taken. If no grade or pass/fail is given, then reimbursement shall be given upon presentation of successful completion of training. (E) The employee must show written documentation of the expenditures being claimed for reimbursement (F) While the general maximum reimbursement per employee per fiscal year is $2,000 (see above), in the last month of the fiscal year, employees who have completed approved courses exceeding the $2,000 per employee limit shall be eligible for additional reimbursement if the $20,000 for that fiscal year 7 106 of 271 has not all been used. Reimbursement payments beyond $2,000 per employee shall be made in equal amounts to requesting employees, but may not exceed $3,000 per employee for courses completed in thatfiscalyear. Reimbursement under this Plan will be made upon completion of the above requirements and paid from the fund for the fiscal year in which the course is paid by the employee." Article 26, Section 6: "Minimum daily staffing shall not be less than eleven (11) personnel comprised of two (2) engine companies, one (1) truck company and one (1) Battalion Chief. 84+ring the term of the non U the parties - gree to moot a-nd confer over the concept of one_ year pilot program increasing the minimum daily staffing by two additional personnel, which increase may be, but not necessarily limited to, a two -personnel squad. Should both sides mutually agree to move forward with the concept, the scope of duties and responsibilities for the two additional personnel, it will be implemented for one year as a pilot program. During the one year pilot program, mMinimum daily staffing shall be no less than thirteen (13) personnel comprised of two (2) engine companies, one (1) truck, one (1) Battalion Chief and either one (1) two -personnel squad or additional personnel to other equipment The parties may extend the pilot program by mutual. agreement Upon conclusion of the one year pilot program, minimum daily shall not be less than eleven (11) personnel comprised of two (2) engine companies, one (1) truck company and one (1)-Battalion Chief." Article 28 — Terms of Provisions: "The provisions of this Memorandum of Understanding shall be effective and binding from J my 1, 20182-9-1 through J une 30, 20202444." Articles 28 and 29: Re -number articles 28 and 29 to place atthe end of the MOU Article 32 —Association Bank: The (it„ and FF agree to estab ish a mechanism for FF members to donate paid leave into a bank to be utilized by FFA members to conduct association business. Section 1 Leave Bank The intent of this article is to provide National C ity employees representing the National C ity Firefighters' Association (FFA) with a leave bank that can be utilized when conducting business benefittinq the localassociation and its members such as but not limited to attending meetings and conferences on behalf of the association and/or its member(s). The cumulative Association Leave Bank maximum accrual is 360 hours per fiscalyear. 8 107 of 271 1. Should the Association Leave Bank reach 360 hours in any fiscalyear, additional donations shall not be accepted until the start of the next fiscal year up to a maximum of 360 hours. 2. The initialAssociation Leave Bank will be established by the City immediately following City CouncilapprovaL The maximum accrual for the first fiscal year of the Association Leave Bank will be prorated based upon the date ofCity CouncilapprovaL 3. The City shall not contribute leave time to the Association Leave Bank Section 2 Voluntary Donations 1. Hours shalLbe donated to the Association Leave Bank on a voluntary basis by FFA represented employees using a prescribed donation form. 2. Employees may donate vacation, sick or compensatory time credits. 3. Donations must be for a minimum of four (4) hours for each type of time transferred and in whole (one) hour increments thereafter. 4. Donating employees must have a minimum vacation balance of 112 hours after donation. 5. Sick Leave donations will be credited at a rate of 50% (ex: a donation of four (4) hours will be credited to the Association Leave Bank as two (2) hours). 6. Sick Leave donations will be counted againstthe donor's annual sick leave usage for purposes of Article 11, Section 12, Sick Leave Incentive Pay, at 50% of the number of hours donated (a donation of ten (10) hours will be counted as five (5) hours used for Article 11, Section 12 only. 7. Donating employees forfeit any right or claim to leave credits once they are donated. 8. Leave will be transferred on an hour -for -hour basis, regardless of the salary of the employees involved. Section 3 Use of the Leave Bank Hours donated to the Association Leave Bank may be used by members of the FFA: 1. In lieu of or in conjunction with the employees own leave balances when conducting association business during the employee's scheduled work shift(s). 2. Determining which association activities are qualifying and which employees are eligible to utilize the Association Leave Bank is done at the discretion of the FFA Executive Board. 9 108 of 271 3. Requests for Leave must be reviewed and are subjectto approval by the department head or designee consistent with department policy. 4. Employees using donated leave shall record the use in Telestaffwith the date of usage and the number of hours used. 5. It is the responsibility of FFA to monitor the hours available for use in the leave bank. Section 4 Administration 1. Upon receiptofa donation form, the Finance Department will review to ensure that the employee(s) meet the eligibility requirements and that the leave bank has not reached its maximum accrual for the fiscal year. 2. If all eligibility criteria are met, the Finance Department willtransfer the donated leave to the Association Leave Bank. If any part of the eligibility criteria is not met, the donation form will be returned to the donating employee without being processed. Article 33 — Post -Retirement Healthcare Trust (New Article): "The City and FFA will contract with a company to provide a post -retirement healthcare trust for represented employees contingent on the FFA specifying a provider acceptable to the City and with the agreement of FFA that there will be no financial cost or obligation to the City. All FFA represented employees will contribute $100/month to the post -retirement healthcare trust via payroll deductions effective the first full pay period after the trust is established. The City shall have no administrative responsibilities or liabilities related to this benefit, other than processing of payroll deductions. The FFA shall hold the City harmless for the City's actions related to this Article, and indemnify the City against any liability the city may incur as a result of this Article, including but not limited to allowing the FFA to participate in a post -retirement healthcare trust and/or the City's processing of payroll deductions as set forth in this Article. All other proposals not addressed in this package tentative agreement withdrawn. 10 109 of 271 CITY OF NATIONAL CITY fl SNIXLCfl .e e `-- IiVCORPORATE MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF NATIONAL CITY CALIFORNIA and NATIONAL CITY FIREFIGHTERS' ASSOCIATION AGREEMENT PERIOD JULY 1, 2018201b JUNE 30, 20202018 110 of 271 MEMORANDUM OF UNDERSTANDING CONCERNING WAGES AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN THE CITY OF NATIONAL CITY AND THE NATIONAL CITY FIREFIGHTERS' ASSOCIATION FOR THE FOLLOWING PERIOD OF TIME: JULY 1, 2018 — JUNE 30, 2020 The representatives of the City Manager of the City of National City, for and on behalf of the City Council of the City of National City, have met and conferred with the representatives of the National City Firefighters' Association, an organization representing employees of the City of National City, in accordance with the provisions of Section 3500 et. Seq., of the Government Code of the State of California, and; As a result of meeting and conferring in good faith with said Group, agreement has been reached on the following terms and conditions of employment as applied to those employees who are members of and represented by the Association; and the Memorandum of Understanding concerning said agreed terms and conditions of employment has been approved by the City Council of the City of National City on May 7, 2019, by Resolution No. 2019- . For the CITY: LESLIE DEESE City Manager For the NCFFA: STUART ADAMS Chief Negotiator EDWARD KREISBERG JAMES STILES Chief Negotiator NCFFA Representative ROBERT J. METEAU MARK BEVERIDGE Director of Human Resources NCFFA Representative LILIA MUNOZ Human Resources Analyst JEREMY DAY NCFFA Representative ROBERT HERNANDEZ CHRISTOPHER DURON Battalion Chief NCFFA Representative MARK ROBERTS KEVIN HAMEL Director of Finance NCFFA Representative 2 DEREK JONES NCFFA Representative NCFFA Agreement July 1, 20182015 — June 30, 202024;48 111 of 271 TABLE OF CONTENTS TABLE OF CONTENTS ARTICLE 1— RECOGNITION/IMPLEMENTATION 6 ARTICLE 2 — WORK WEEK 7 ARTICLE 3 — UNIFORM ALLOWANCE 9 ARTICLE 4 — ACTING ASSIGNMENTS 10 ARTICLE 5 — HOLIDAYS 11 ARTICLE 6 — LEAVE ELIGIBILITY AND PROCEDURE 13 ARTICLE 7 — ANNUAL VACATION LEAVE 14 ARTICLE 8 — MILITARY LEAVE 16 ARTICLE 9 — FAMILY CARE LEAVE 17 ARTICLE 10 — COURT LEAVE 18 ARTICLE 11 — SICK LEAVE WITH PAY 19 ARTICLE 12 — COMPENSATION PLAN 24 ARTICLE 13 — "Y" RATE 26 ARTICLE 14 — FORTY -HOUR ASSIGNMENT PAY 27 ARTICLE 15 — REVISION OF THE COMPENSATION PLAN 28 ARTICLE 16 — OVERTIME 29 ARTICLE 17 — LONGEVITY PAY 30 ARTICLE 18 — EMPLOYEE AND DEPENDENT HEALTH & DENTAL INSURANCE 31 ARTICLE 19 — EMPLOYEE LIFE INSURANCE 34 3 NCFFA Agreement July 1, 20182015 — June 30, 20202048 112 of 271 ARTICLE 20 - LONG TERM DISABILITY INSURANCE 35 ARTICLE 21- PUBLIC EMPLOYEES' RETIREMENT SYSTEM 36 ARTICLE 22 - SALARIES 39 ARTICLE 23 - CALL BACK AND STANDBY/ON-CALL 42 ARTICLE 24 - SHIFT EXCHANGES 43 ARTICLE 25 - TRAINING 44 ARTICLE 26 - COMPANY -LEVEL STAFFING 45 ARTICLE 27 - MANAGEMENT RIGHTS 46 ARTICLE 28 - EMPLOYEE GRIEVANCE PROCEDURE 51 ARTICLE 29 - PARAMEDIC ASSESSMENT COMPANY 58 ARTICLE 30 - DEFERRED COMPENSATION 60 ARTICLE 31- CATASTROPHIC LEAVE 61 ARTICLE 32 - ASSOCIATION BANK 62 ARTICLE 33 - POST -RETIREMENT HEALTHCARE TRUST 64 ARTICLE 34 - TERMS OF PROVISIONS 65 ARTICLE 35 - DEFINITIONS 66 ARTICLE 1 RECOGNITION/IMPLEMENTATION 1 ARTICLE 2 - WORK WEEK 5 ARTICLE 3 - UNIFORM ALLOWANCE 7 ARTICLE 1 ACTING ASSIGNMENTS 8 ARTICLE 5 HOLID - 9 ARTICLE 6 LEAVE ELIGIBILITY AND PROCEDURE 11 ARTICLE 7 - ANNUAL VACATION LEAVE 12 ARTICLE 8 - MILITARY LEAVE 14 ARTICLE 9 FAMILY CARE LEAVE 15 ARTICLE 10 - COURT LEAVE 16 ARTICLE 11 SICK LEAVE WITH PAY 17 4 NCFFA Agreement July 1, 20182015 — June 30, 2020204g 113 of 271 ARTICLE 12-COMPENSATION PLAN 22 ARTICLE 13- "YrRATE 2N ART|CLE14 FORTY HOUR ASSIGNMENT PAY 25 ARTICLE 15 REVISION DFTHE COMPENSATION PLAN 26 ARTICLE 16- OVERTIME 27 ARTICLE 17-LONGEVITY PAY 28 ARTICLE 18 EMPLOYEE AND DEPENDENT HEALTH & DENTAL INSURANCE 20 ARTICLE 1A-EMPLOYEE LIFE INSURANCE 31 ARTICLE 20 LONG TERM DISABILITY INSURANCE 32 ARTICLE 21 PUBLIC EMPLOYEES' RET|REM ENT SYSTEM 33 ARTICLE 22 SALARIES 35 ARTICLE 23 CALL BACK AND STANDBY/ON CALL 38 ARTICLE 24 SHIFT EXCHANGES 39 ART|CLE')5 -TRA|N|NG 10 ARTICLE 28-COMPANY-LEVEL STAFFING 41 ARTICLE 27-MANAGEMENT RIGHTS 42 ARTICLE 28 TERMS OFPROVISIONS 13 ARTICLE 20 DEFINITIONS 44 ARTICLE 30 EMPLOYEE GRIEVANCE PROCEDURE 47 ARTICLE 31 PARAMEDIC ASSESSMENT COMPANY 54 ARTICLE 32 DEFERRED COMPENSATION 56 ARTICLE 33-CATASTROPHIC LEAVE 57 ARTICLE 34-ASSOCIATION BANK 58 5 I NCFFA Agreement July 1.2o1e2o15—June 30.2ozo2o1a ARTICLE 1- RECOGNITION/IMPLEMENTATION Section 1 Recognition The National City Firefighters' Association is the exclusive representative of probationary and career employees in the following classes: 4 Firefighter 4 Fire Engineer 4 Fire Captain 4 Battalion Chief 4 Deputy Fire Marshal Section 2 Implementation This Memorandum constitutes a mutual recommendation to be jointly submitted to the City Council of National City. It is agreed that this Memorandum shall not be binding upon the parties either in whole or in part unless and until: a) The City Council acts, by majority vote, to formally approve and adopt said Memorandum. b) The City Council acts to appropriate the necessary funds required to implement the provisions of this Memorandum that require funding. c) The City Council acts in a timely manner to make the necessary changes in ordinances, resolutions, rules, policies and procedures to implement and conform to this Agreement. 6 NCFFA Agreement July 1, 20182015 — June 30, 202024;48 115 of 271 ARTICLE 2 - WORK WEEK The City agrees to cooperate with the Firefighters' Local 2744 to retain the fifty-six (56) hour work week for Fire Suppression personnel, and the forty (40) hour work week for Staff personnel. The City agrees to meet and confer with the Firefighter's Local 2744 prior to making adjustments to the twenty-four (24) hour duty shift. (A) Fire Suppression - Fifty-six (56) hours shall constitute the normal work week for personnel assigned to this division. The normal shift length for personnel assigned to this division shall be twenty-four (24) hours. The normal shift change shall occur at 0800 (8:00 a.m.). Sunday routine shall be as follows: The hours from 0800 to 1300 hours shall be regular operations. After 1300 hours shall be considered stand by time and operations personnel are not expected to perform work of a non -emergency nature. (B) Forty Hour Assignment - Forty (40) hours shall constitute the normal work week for personnel temporarily assigned to the operations, prevention or administration divisions. The normal work day for personnel assigned to this division shall be eight (8) hours, and begin at 0800 (8:00 a.m.) daily. Such assignment shall not exceed twelve (12) months, except for those positions designed and filled as permanent 40-hour assignments or with the consent of the temporarily assigned employee and approval of the Chief. (C) 9/80 Assignment - Employees on a forty hour assignment are eligible to participate in the "Alternative 9/80 Work Schedule" if approved by the Fire Chief or designee. The parties agree that 9/80 alternative work schedule will continue to be monitored and the City retains the right to discontinue the 9/80 schedule so long as the City provides the employee and FFA with thirty (30) days advance notice and provides FFA with a reasonable opportunity to meet and confer on the change. The standard work schedule for an employee on 9/80 work schedule shall be nine (9) hour days four days per calendar week plus one eight (8) hour Friday once every two calendar weeks. The work week is a 168 hour (i.e. seven 24-hour periods) commencing at the mid- point of the employee's 8-hour Friday. Due to this work week, and to ensure the 9/80 schedule does not impact overtime, an employee working his regular 9/80 work schedule shall not be entitled to overtime. Leave time (including admin, vacation and sick) will continue to be accrued at the same rate, but will be taken in accordance with however many hours of work are missed. Holidays and floating holidays falling on a employee's 9-hour day will continue to be compensated at a rate of eight (8) hours of the employee's regular rate of pay and employees will have the option of using accrued leave time (vacation, floater, admin or comp time) for the additional hour. When a holiday falls on an employee's Friday off, the day will be accrued as a floater to be taken at a later date. These floaters must be used prior to the end o the fiscal year in which the floater was earned. The use of the floater is subject to supervisor approval like other requests to use leave time. If workload and staffing issues, as determined by the supervisors, create a situation in which a holiday leave floater cannot be used by the end of this fiscal year, the holiday leave floater can be carried over to the next fiscal year. 7 NCFFA Agreement July 1, 20182015 — June 30, 202024;48 116 of 271 (D) 4/10 Assignment - Employees on a forty (40) hour assignment are eligible to participate in the "Alternaative_4/10 work schedule", subject to approval of the Fire Chief. (E) Assignment Allotment - For the term of the alternative 9/80 and 4/10 work schedule, suppression personnel temporarily assigned to a forty hour workweek shall be entitled up to an additional 14 hours of vacation during the calendar year for temporary assignment. The additional hours will be pro -rated (i.e., not eligible for hours on holidays already passed), and may be rescinded if unused upon return to a 56 hr schedule. (F) Permanent Employees - shall be entitled up to 26 hours of allotment time during the calendar year to offset holiday time off requirements. This time will be pro -rated based on assignment, 9/80 or 4/10 workweeks. 8 NCFFA Agreement July 1, 20182015 — June 30, 202024;48 117 of 271 ARTICLE 3 - UNIFORM ALLOWANCE Safety equipment prescribed by OSHA or the City, including turnouts, rubber boots, gloves, helmets, leather boots and pants, will be provided by the City. In addition, the City will provide $750 annually for each employee covered by this agreement to be applied toward the purchase and maintenance of the shirt, belt, utility jacket and non -safety trousers prescribed by department. The uniform allowance will be included in the first full pay period in July as part of the applicable payroll check. Uniform allowance shall be reported to Ca1PERS periodically as earned. All safety equipment prescribed by OSHA and the City provided pursuant to this article will be considered property of the City and may not be worn by the employee while off -duty, except for travel to and from work. In addition to the above, the City shall provide each newly hired employee an additional $200 to assist them in making an initial purchase of required uniforms. Upon successful completion of probation the City will provide each employee one "Class A" dress uniform, consisting of the following: • Jacket • One pair of pants • Shirt • Shoes • Tie • Hat • Collar device • Badge holder • Belt • Applicable piping Employees on probation may purchase a "Class A" uniform from the City's supplier. Upon successful completion of probation, the permanent employee will be eligible for reimbursement, up to the City's cost for "Class A" uniforms. The monetary value of Class A uniforms is $857573.00 as of January, 20196. The City acknowledges this cost may rise in the future. Reimbursement and the reported amount of reimbursement will be for the actual cost of the uniform. 9 NCFFA Agreement July 1, 20182015 — June 30, 202024;48 118 of 271 ARTICLE 4 - ACTING ASSIGNMENTS Section 1 Employees may be temporarily assigned to a higher classification when temporary vacancies caused by factors including but not limited to illness, vacations and separations prohibit the department from achieving the staffing levels prescribed under Article 26, Company -Level Staffing. In such cases of absences, the department shall make reasonable effort to find and utilize department personnel of the same rank. When personnel of the same rank are unavailable or such use is impractical as determined by the department director, acting appointments may be made as allowed under Civil Service Rule 407.5. When vacancies are the result of employee separation, the department will make every effort to backfill the position as quickly as possible and in a manner consistent with City Policy and Civil Service Rules. Section 2 Eligibility Fire Department personnel may be eligible to assume acting assignments under the following conditions: 1. The employee is on an active eligible list promulgated by the Human Resources Department for the classification to be filled. 2. In the absence of an active eligible list: a) The employee was on the most recently expired eligible list for the classification to be filled. b) The individual has been certified by the department as meeting requirements of the position to be filled. Section 3 Compensation 1. Acting assignments shall be compensated at a rate of 5% above the base salary of the employee assuming the acting assignment. 2. Acting assignments continuing beyond six months, calculated cumulatively in a fiscal year, shall be compensated at 10% above base pay effective at six months and one day for the remaining duration of any acting assignment within that fiscal year. 3. Compensation for acting assignments shall reset to 5% above the base salary of the employee assuming acting assignment after the start of new fiscal year (any employee in an active acting assignment that continues into the new fiscal year shall not be reset to 5% until there is a break in acting exceeding 30 days). 4. An employee assuming an acting assignment of two classifications or higher, shall be compensated at 10% above base pay, or one step above the employee's current pay step, whichever is greater, for the duration of the acting assignment. 10 NCFFA Agreement July 1, 20182015 — June 30, 202024;48 119 of 271 ARTICLE 5 - HOLIDAYS Section 1 Eligible suppression personnel temporarily assigned to a forty (40) hour work week shall be entitled to the following fixed holidays with pay if they occur during such assignment: 1. New Year's Day 2. Easter Sunday 3. Memorial Day 4. Independence Day 5. Labor Day 6. Thanksgiving Day 7. Christmas Day Personnel permanently assigned to a 40 hour/week shall be entitled to the same fixed holidays with pay as Fire Management personnel. 1. New Year's Day - January 1st 2. Martin Luther King - 3rd Monday in January 3. Cesar Chavez Birthday - March 31' 4. Memorial Day - Last Monday in May 5. Independence Day - July 4th 6. Labor Day - lst Monday in September 7. Thanksgiving Day - 4th Thursday in November 8. Day after Thanksgiving 9. Christmas Eve Day - December 24th 10. Christmas Day - December 25th Also each employee permanently assigned to 40 hour/week shall be credited with four (4) floating holidays at the start of each fiscal year and pro -rated according to date of hire for new employees. 1. Lincoln's Birthday - February 2. Washington's Birthday - 3rd Monday in February 3. Columbus Day - 2nd Monday in October 4. Veterans' Day - November 1 Section 2 Appointed and Religious Holidays With Council approval, every day appointed by the President of the United States or by the Governor of California for a Public fast, thanksgiving or holiday, with the exception of Good Friday, shall be honored as an additional Holiday. Employees may request time off to attend religious or other religious activities on Good Friday or on other recognized religious holidays during the year; such time off shall be charged to the employees' annually accumulated leave or compensating time off. If the employee has no accumulated annual leave or compensating time off, such time off shall be without pay. Section 3 Holidays Occurring On Normal Work Day, During Sick Leave or Annual Leave or On a Weekend - 40 Hour/Week Assignment In the event an employee is required to work on a holiday, which holiday falls on the employee's regular day off, hourly compensation shall be based on the overtime rate. If a holiday falls on the employee's regular day off and the employee is not required to work such employee shall be granted equivalent compensatory time off as approved by the department head. 11 NCFFA Agreement July 1, 20182015 — June 30, 202024;48 120 of 271 When an employee is absent on annual leave, sick leave or compensating time off, a holiday immediately preceding, immediately following or wholly within such leave period shall be recorded as holiday and not as a day of leave. If a holiday falls on Saturday, the preceding Friday will be observed as a holiday. If the holiday falls on Sunday, the next following Monday will be observed as a holiday. Section 4 Fire Suppression Holiday Work Schedule The normal workday on holidays for employees assigned to Suppression (56-hour week) shall consist of daily morning routine, answering emergency calls and the performance of assigned supervisory duties. For purposes of this section, the following days shall be modified workdays: 1. New Year's Day — January 1st 2. Memorial Day — 4th Monday in May 3. 2` 1 Sunday in AprilEastcr Sunday 4. Independence Day — July 4th 5. Labor Day — 1st Monday in September 6. Thanksgiving Day — 4th Thursday in November 7. Christmas Day — December 25th The Fire Chief shall designate that the holiday work schedule be followed on days appointed by the President of the United States or by the Governor of California for a public fast, thanksgiving or holiday and approved by Council. The provisions of the other sections of this article do not apply to observance of the Fire Suppression holiday work schedule. Section 5 In lieu of holiday time off, represented employees shall receive 11.1 hours of base salary for each 28 day work period. . . not work on fixed holidays observed by Fire Management and that time off will be charged against their vacation accrual. Section 6 Forty (40) hour employees on a 40 hour schedule shall accrue vacation as per Article 7 of the MOU. Employees working a 9/80 schedule are entitled to one (1) additional hour of vacation to be utilized and reported on each holiday taken. Employees working a 4/10 schedule are entitled to two (2) additional hours of vacation to be utilized and reported on each holiday taken. 12 NCFFA Agreement July 1, 20182015 — June 30 202024-1-8 121 of 271 ARTICLE 6 - LEAVE ELIGIBILITY AND PROCEDURE Section 1 Leave Categories Eligible employees shall be entitled to holidays and annual vacation, and shall be allowed sick, injury, emergency and Family Care Leave of absences as provided in this MOU. (See Article 9) Section 2 Request for Leave All requests for leaves of absence, whether with or without pay, shall be submitted in advance and consistent with current Department policy and practice, and, except as provided in the case of Compulsory Leave, Court Leave and Special Meetings, must meet the approval of the appointing authority. Section 3 Leave Approval Except in the case of sick, emergency or military leave, the time during which any leave of absence shall be taken by an employee shall be designated by the appointing authority, and the request for such leave, shall be entered into Telestaff. Section 4 Leave of Absence - Commencement and Termination Each leave of absence shall be granted for a specific period of time and a specific cause, and if such cause shall cease to exist prior to the expiration of the period for which the leave is granted, such leave shall thereafter be invalid. Section 5 Leave of Absence - Failure to Report Leaves of absence shall be indicated on the Telestaff roster and submitted to the Director of Finance for checking and certification. Failure of an employee to report at the expiration of leave shall separate the employee from City service and shall be considered, in effect a resignation; provided, however, an appointing authority may cancel such separation if circumstances warrant such cancellation (as determined by the appointing authority). Section 6 Leaves of absence must contain a time for termination of the leave and the reason for granting the leave. A copy of a written order granting a leave of absence must be filed with the appointing authority and the Personnel Department. No post-dated leave of any kind may be granted to any employee in the classified service. 13 NCFFA Agreement July 1, 20182015 — June 30, 202024;48 122 of 271 ARTICLE 7 - ANNUAL VACATION LEAVE Section 1 All employees shall be entitled to annual vacation leave with pay. Section 2 Accrual Rates All personnel shall be governed by the following vacation accrual rates per pay periods of service: Pay Cycles Fire Suppression Personnel 40-Hour Assignment TEMPORARY 40-Hour Assignment PERMANENT 0 - 130 pay cycles 5.54 hrs. p/pay cycle 3.96 hrs. p/pay cycle 3.08 hrs. p/pay cycle 131 - 390 pay cycles 7.39 hrs. p/ pay cycle 5.28 hrs. p/pay cycle 4.62 hrs. p/pay cycle 390+ pay cycles 9.24 hrs. p/ pay cycle 6.6 hrs. p/pay cycle 6.15 hrs. p/pay cycle Section 3 10 hour Assignment Fire Suppression Employees who volunteer to remain on a 10 hour assignment for more than 12 month:, shall accrue the same vacation as the permanent 10 hour assignment (see above). Section 34 Vacation Usage Vacation schedules shall be arranged by the department head with particular regard to the needs of the City, and as far as possible, with the wishes of the employee. 1. Vacation authorized by the department director or designee shall not be deemed payable until the employee's eligibility is verified by the Finance Department. 2. Each employee may use any accrued vacation in accordance with the Department's Standard Operating Procedures Manual. 3. An eligible employee may take earned vacation in any increment of four (4) hours or more with the approval of the department head or his/her designee. Section 45 Maximum Vacation Accumulation An eligible employee may accumulate vacation to a maximum of 3.02.5 time''-s an employee's annual accrual. Vacation accrual will discontinue upon reaching the maximum until the employee reduces vacation accumulation. The maximum allowable accruals are as follows: 14 NCFFA Agreement July 1, 20182015 — June 30 202040-1-8 123 of 271 432360 hours for all 56-hour safety employees with less than five (5) year's service. 309257 hours for permanent 40-hour safety employees with less than five (5) year's service. 5761180 hours for all 56-hour safety employees with five (5) to fifteen (15) year's service. 4123-42 hours for permanent 40-hour safety employees with five (5) to fifteen (15) year's service. 721600 hours for all 56-hour safety employees with fifteen (15) plus year's service. 515128 hours for permanent 40-hour safety employees with fifteen (15) plus year's service. Section 56 Vacation Selection and Coverage Vacation selection and coverage shall be as provided in accordance with current Departmental Policy 206 as written and effective July 1, 2015. Section 67 Terminal Vacation Leave Upon termination of employment for any cause, an eligible employee shall be entitled to base salary in lieu for the number of accumulated vacation hours credited to the employee's account under the provisions of this section. All vacation granted upon completion of an employee's last day of work shall be a lump sum payment termed "terminal vacation pay" and shall be paid at their annual average rate of base salary. Section 78 Upon notice of opportunity from the Fire Chief, requests to sellback accrued vacation may be submitted for approval by the Fire Chief. 15 NCFFA Agreement July 1, 20182015 — June 30 202040-1-8 124 of 271 ARTICLE 8 - MILITARY LEAVE In addition to the leaves of absence provided in this Article, City officers or employees who are also members of the armed services or militia or organized reserves of this State or National shall be entitled to the leaves of absence and the employment rights and privileges provided by the Military and Veterans' Code of the State of California. 1. The term "military service" as used herein shall signify service on active duty with any branch of service above mentioned, as well as training or education under the supervision of the United States preliminary to induction into the military service. 2. The terms "active service" or "active duty" shall include the period during which such officer or employee while in military service is absent from duty on account of sickness, wounds, leave or other lawful cause. 3. No employee serving under a permanent appointment in the Classified Service shall be subjected by any person directly or indirectly by reason of his absence on military leave to any loss or diminution of vacation, holiday, insurance, pension, retirement or other privilege or benefit now offered or conferred by law, or be prejudiced by reason of such leave with reference to promotion, continuance in office or employment, re -appointment or re- employment. 4. When military leave is granted to an employee in the Classified Service pursuant to this section, the position held by such employee shall be filled temporarily only during the employee's absence, except in the event of the employee's death while on leave, and said employee shall be entitled to be restored to such position, or to a position of like seniority, status and pay, upon return from such leave, provided the employee is still mentally and physically qualified to perform the duties of such position, and provided said employee makes application for re-employment within ninety (90) days after being relieved from such military service. 5. During absence on military leave, any employee in the Classified Service who has been employed continuously by the City for a period of not less than one (1) year prior to the date upon which such absence begins, shall receive his regular salary for a period not to exceed thirty (30) calendar days in any one fiscal year. All services of said employee in the recognized military service shall be counted as employment with the City. 16 NCFFA Agreement July 1, 20182015 — June 30, 202024;48 125 of 271 ARTICLE 9 - FAMILY CARE LEAVE Refer to Citywide Council Policy on Family Leave Policy. 17 I NCFFA Agreement July 1, 20182015 — June 30, 202024;48 126 of 271 ARTICLE 10 - COURT LEAVE An employee who is required by subpoena or court order to serve as a juror, or as a witness who is not a party to a court action, shall be granted leave for such purpose upon presentation of proof of said employee's required attendance to the appointing authority and the Personnel Director. The employee shall receive full pay for the time served on court duty during scheduled working hours, provided the money received as a juror or witness on regular duty days is deposited with the Finance Department for credit to the proper fund. Employees shall be reimbursed for witness fees for all incidental expenses incurred, including parking, pursuant to such appearance while on regular duty days. It is the employee's responsibility to notify the department operations officer no later than the beginning of the next work shift that he has received a summons for jury duty or subpoena. 18 NCFFA Agreement July 1, 20182015 — June 30, 202024;48 127 of 271 ARTICLE 11- SICK LEAVE WITH PAY The intent of this Article is to provide a continuity of full salary to those employees who are unable, because of illness or injury, to perform the duties of their positions or who would expose fellow workers or the public to contagious disease and are thereby forced to be absent from employment, and to provide necessary time off from work for unexpected medical and dental care, subject administrative regulations designed to prevent malingering or abuse of these privileges. Section 1 Sick Leave Definition Sick leave is the necessary absence from duty of an employee because of: A. Diagnosis, care, or treatment of the employee's existing health condition or preventive care for an employee; or B. The serious disability of the employee while on a scheduled vacation. C. The absence of an employee for authorized medical or dental care. D. Diagnosis, care, or treatment of an existing health condition of, or preventive care for an employee's family member. For the purposes of using sick leave under this policy only, "family member" shall mean an employee's parent, child, spouse, registered domestic partner, parent -in-law, sibling, grandchild or grandparent. The care of a family member meeting the requirements of Federal Family Medical Leave Act or California Family Rights Act. E. The death of an immediate family member. In addition, an employee who is a victim of domestic violence, sexual assault, or stalking may use accrued paid sick leave under this policy for the following reasons: 1. To obtain or attempt to obtain any relief, including, but not limited to, a temporary restraining order, restraining order, or other injunctive relief, to help ensure the health, safety, or welfare of the victim or the victim's child; 2. To seek medical attention for injuries caused by domestic violence, sexual assault, or stalking; 3. To obtain services from a domestic violence shelter, program, or rape crisis center; 4. To obtain psychological counseling related to an experience of domestic violence, sexual assault, or stalking; 5. To participate in safety planning and take other actions to increase safety from future domestic violence, sexual assault, or stalking, including temporary or permanent relocation. 19 NCFFA Agreement July 1, 20182015 — June 30, 202024;48 128 of 271 Section 2 Sick Leave Earning and Accumulation 1. 56-hour Fire Suppression personnel of the Fire Department shall earn 5.54 hours of sick leave for each full pay cycle of employment. Permanent 40-hour employees shall earn 3.69 hours of sick leave per pay cycle. 2. Accumulated Sick Leave: Each permanent or probationary 56-hour employee covered by this Memorandum shall, on June 30, 1980, be eligible to accumulate sick leave up to a maximum of 1,200720 hours, (herein called "accumulative sick leave"). Sick leave accrual will be credited on the last day of each pay period up to the 1,200720-hour maximum limitation. Permanent 40-hour employees may accumulate up to 8574 hours. 3. Upon reaching the maximum accumulated sick leave (1,200720 hours), accrual will discontinue and will resume only after the employee's balance falls below 1,200720 hours. Accrual will resume on the last day of the pay period in which the employee's balance falls below the 1,2007-2-0-hour level. Said accrual will occur at the established rate as defined in paragraph (1) above. Section 3 Sick Leave Usage Employees using sick leave pursuant to this Article for non -work related illness or injury which has a sixty (60) consecutive day duration shall, upon the sixty-first (61S`) consecutive day of illness, utilize provisions of Article 20 herein, Long Term Disability Insurance. Section 4 Limitation on Time Chargeable to Sick Leave 1. No person shall be entitled to sick leave with pay while absent from duty on account of any of the following causes: a) Disability arising from any sickness or injury purposely self-inflicted or caused by any willful misconduct. b) Sickness or disability sustained while on leave of absence other than his/her regular vacation. c) No paid sick leave shall be granted in excess of the employee's sick leave credit. d) An employee may be granted sick leave with pay only for injury, illness or exposure to contagious disease that incapacitates the employee for work. 2. Absence that is chargeable to sick leave in accordance with this shall be charged in an amount not smaller than one (1) hour for the first hour of absence; thereafter, in increments of not less than fifteen (15) minutes. Section 5 Sick Leave Compensation 1. In order to receive compensation while on sick leave, the employee must follow applicable Department staffing procedures. 2. Notification shall be made prior to or not later than the beginning of the work day/shift in the employee's respective department. Section 5 Sick Leave Compensation (continued) 20 NCFFA Agreement July 1, 20182015 — June 30, 202024;48 129 of 271 3. The department head may waive the above requirements if, in his opinion, an emergency or other exceptional circumstances so warrants. 4. Computation of sick leave shall not include regular days off or holidays, provided these are not in conflict with the established schedule within each department. Section 6 Physician's Statement Required 1. When absence is for more than three (3) consecutive working days, the department head may require the employee to furnish a certificate or statement from a regular licensed and practicing physician, at the employee's own expense, whose license will be honored by the County Health Officer, indicating the nature and duration of the employee's incapacity, or other adequate evidence if the employee was not examined by a physician. The appointing authority may require evidence of incapacity in cases of short periods of absence. 2. The department head is responsible for sick leave during the first three days before the filing of a physician's certificate is required. This responsibility may be implemented by a visitation or any other reasonable method deemed necessary by the department head. Sick leave with pay shall be authorized by the department head subject to verification of the employee's eligibility by the Personnel Director. 3. When absence is for more than five (5) working days in a two (2) week period or there is in the judgment of the department head a questionable usage of sick leave over a number of pay periods, the department head may require the employee to submit to an examination at City expense by a physician designated or approved by the City Manager. The department head shall be entitled to a written report from the examining physician indicating the specific nature and duration of the employee's illness or incapacity. Section 7 Separation from City Service All eligibility from sick leave with pay shall be canceled upon separation of the employee from City service, provided that if such separation is by lay-off, his accumulated eligibility may be restored to him in whole or in part by the Civil Service Commission upon re-employment. Section 8 Illness During Vacation An employee who becomes incapacitated due to illness or injury while on paid vacation may substitute sick leave credits for vacation provided the employee's request for sick leave substitution is accompanied by a doctor's statement. Section 9 Holidays during Sick Leave For 40-hour permanently and temporarily assigned employees, paid fixed holidays immediately preceding, immediately following or wholly within the period for which sick leave is granted shall not be regarded as part of such period of sick leave. Section 10 Sick Leave Reporting for Payroll Purposes Reports of absences of employees must be made to the City Manager at the same time the department head files his payroll report. The department head who fails to report the absence of an employee from duty and thus enables the employee to receive pay in excess of the amount to which he is legally entitled shall be held liable for the amount illegally paid. Section 11 Evidence of Cause of Absence 21 NCFFA Agreement July 1, 20182015 — June 30, 202024;48 130 of 271 In all cases of absence because of sickness or injury of the employee or illness or death in the employee's family, the employee may be required to furnish to the appointing authority satisfactory evidence substantiating the facts justifying such leave. Failure to furnish such evidence upon request shall be sufficient reason for denying the leave of absence with pay. Section 12 Sick Leave Incentive Pay (A) 56 Hour Work Week - Sworn members of the Fire Department working on a twenty-four (24) hour shift basis using forty-eight (48) hours of sick leave or less may convert fifty percent (50%) of their remaining yearly sick leave at annual base salary. Remaining yearly sick leave not converted to pay shall be carried over and accumulated for use when needed. Pay shall be computed based on the following schedule and all computations shall be rounded to the nearest whole hour: IRemaining Annual Sick Leave Accrual at End of Fiscal Year Hours that may be converted at annual base salary 56 HOUR WORK WEEK 56 HOUR WORK WEEK 144 Hours 72 Hours 132 Hours 66 Hours 120 Hours 60 Hours 108 Hours 54 Hours 96 Hours 48 Hours Less than 96 Hours No Payoff (B) 40 Hour Work Week - Sworn members of the Fire Department working other than a twenty-four (24) hour shift schedule earn sick leave at the rate of 3.69 hours per full pay period of service. Persons in this work assignment, using thirty-two (32) hours or less, during the fiscal year, may convert fifty percent (50%) their remaining yearly sick leave at annual base salary. Remaining yearly sick leave not converted to pay shall be carried over and accumulated for use when needed. Pay shall be computed based on the following schedule, and all computations shall be rounded to the nearest whole hour: Remaining Annual Sick Leave Accrual at End of Fiscal Year Hours that may be converted at annual base salary 40 HOUR WORK WEEK 40 HOUR WORK WEEK 96 Hours 48 Hours 88 Hours 44 Hours 80 Hours 40 Hours 72 Hours 36 Hours 64 Hours 32 Hours Less than 64 Hours No Payoff Section 12 Sick Leave Incentive Pay (continued) 22 NCFFA Agreement July 1, 20182015 — June 30, 202024;48 131 of 271 (C) Except as provided in (D) below, sick leave hours converted shall be subtracted from the employee's accumulative sick leave balance. The remaining sick leave hours shall be carried over accumulated per Section 2 (3) herein. (D) An employee who has the maximum accumulation of sick leave at the beginning of the previous fiscal year (July 1st) and who used no sick leave during the year, shall not have the amount of sick leave for which compensation is received under the sick leave incentive program deducted from the employee's accumulative yearly sick leave balance and shall remain at the maximum accumulation. (E) The City will make the full sick leave incentive payment in the paycheck for the first full pay period in August. Pay will be computed based on the employee's salary step on June 30 of the preceding fiscal year. (F) Payment will be made to an employee hired during the fiscal year on a prorated basis provided he is on the payroll June 30. Permanent employees who terminate or retire during the fiscal year will be compensated on a prorated basis subject to their formal separation or retirement date. 23 NCFFA Agreement July 1, 20182015 — June 30, 202024;48 132 of 271 ARTICLE 12 - COMPENSATION PLAN Section 1 Salary Advancement The Compensation Plan of the City of National City has the following Characteristics: 1. The salary range for Firefighter consists of seven (7) steps, "A" through "G"; the ranges for other classifications consist of five (5) steps each ("A" through "E"). 2. The increase from one step to the next step on each range is as indicated in the Salary Schedule. Salary advancement for each employee shall not be automatic, but shall depend upon the increased value of an employee to the City, as reflected by the recommendations of the employee's supervisor and department head, and all other pertinent evidence. The success of the Compensation Plan depends upon incentives that will encourage employees to put forth increasing efforts as they advance through the salary steps of the salary range. Section 2 Salary Steps The steps of the range shall be interpreted and applied as follows: the second, third, fourth, fifth, sixth and seventh salary steps are merit and seniority adjustments to encourage an employee to continue to improve his work: (A) The first base salary step (as shown in the schedule for base salary) is the minimum rate and will normally be the hiring rate. Appointment may be made to other than the normal entering salary step upon the recommendation of the department head and upon the approval of the City Manager, when it is decided that such action is in the best interests of the City. (B) The second salary step: When 13 full pay cycles are completed after hire into a permanent position, the employee is eligible for consideration for this salary advancement. This salary advancement shall be made only after a satisfactory performance evaluation and the Fire Chief recommends the advancement subject to approval by the City Manager. (C) The third salary step: When 13 full pay cycles are completed at the 2"d step in a permanent position, the employee is eligible for consideration for this salary advancement. This salary advancement shall be made only after a satisfactory performance evaluation and the Fire Chief recommends the advancement subject to approval by the City Manager. (D) The fourth salary step: When 13 full pay cycles are completed at the 3rd step in a permanent position, the employee is eligible for consideration for this salary advancement. This salary advancement shall be made only after a satisfactory performance evaluation and the Fire Chief recommends the advancement subject to approval by the City Manager. 24 NCFFA Agreement July 1, 20182015 — June 30, 202024;48 133 of 271 Section 2 Salary Steps (continued) (E) The fifth salary step: Twenty-six (26) full pay cycles of satisfactory service at the fourth step normally shall make an employee eligible for consideration of this advancement. This salary advancement shall be made only after satisfactory performance evaluation and if recommended by the department head subject to approval by the City Manager. (F) The sixth salary step: Twenty-six (26) full pay cycles of satisfactory service at the fifth step normally shall make an employee eligible for consideration of this advancement. This salary advancement shall be made only after satisfactory performance evaluation and if recommended by the department head subject to approval by the City Manager. (G) The seventh salary step: Twenty-six (26) full pay cycles of satisfactory service at the sixth step normally shall make an employee eligible for consideration of this advancement. This salary advancement shall be made only after satisfactory performance evaluation and if recommended by the department head subject to approval by the City Manager. All rates shown, and conditions set forth herein, are in full payment for service rendered and are intended to cover full payment for the number of hours now regularly worked in each class. Each promotion shall carry with it advancement to the promotional step that is equal to but not less than 5% above the employee's current base rate of pay. Promotions may be made at a higher step with the concurrence of the department director, the City Manager and the Human Resources Director. The provisions of this Article are based upon the schedules adopted by the City Council. 25 NCFFA Agreement July 1, 20182015 — June 30, 202024;48 134 of 271 ARTICLE 13 - "Y" RATE Step "Y" of the salary range for any class is hereby defined as any rate of pay in excess of Step "E" of the range for the class. An employee shall be paid at Step "Y" solely under one of the following two (2) conditions: 1. Upon the reduction of the maximum salary rate for a class, an employee having other than provisional status who immediately prior to such time was paid at a higher rate for such class than the new maximum rate shall, in the absence of any contrary orders by the City Council for economy reasons, continue to be paid at the former rate. 2. Any employee who is reclassified from a class in which said employee has acquired permanent status to a class with a lower maximum rate of pay may, at the discretion of the City Manager, continue to receive the same rate of pay or may have said salary reduced. In the event of an increase in the salary rate applicable to a class, regardless of the method by which such increase is accomplished, any employee who immediately prior thereto has been paid at Step "Y' shall receive no increase unless the increased salary for employees at Step "E" for the class exceeds the salary already being paid to said employee in which case the employee shall be paid at Step "E". 26 NCFFA Agreement July 1, 20182015 — June 30, 202024;48 135 of 271 ARTICLE 14 - FORTY -HOUR ASSIGNMENT PAY Those employees classified as: 1. Firefighter (excluding new trainees in the fire academy); or 2. Fire Engineer; or 3. Fire Captain; or 4. Battalion Chief And temporarily assigned to a forty (40) hour assignment, shall receive a ten percent (10%) pay differential for the duration of said assignment. The assignment pay is intended for Fire Department mission -related objectives and assignments; not to compensate light duty personnel for the loss of overtime pay. Employees in a modified duty status due to a work related injury may continue to work a 24-hour shift schedule and thus not receive 40-hour assignment differential pay if the Department concludes, in its discretion, the Department can accommodate the work restriction with the employee working a shift schedule. 27 NCFFA Agreement July 1, 20182015—June 30, 20202018 136 of 271 ARTICLE 15 - REVISION OF THE COMPENSATION PLAN In the absence of any contrary orders by the City Council for reasons of economy, the following method shall be observed in determining the step at which each employee shall be paid beginning the effective date of a change of the maximum salary for said employees' class or position: 1. If the maximum salary is raised, the step at which the employee will be paid shall not be affected thereby. 2. If the maximum salary is lowered, the employee should be paid at the rate in the new range, which is the same as the rate to which he was paid in the former range. If the maximum rate of the new range is lower than the employee's salary in the former range the employee may, pursuant to Article 14, be paid at the "Y' rate. 28 NCFFA Agreement July 1, 20182015 — June 30, 202024;48 137 of 271 ARTICLE 16 - OVERTIME 1. The smallest unit of time credited as overtime shall be one -quarter hour. 2. Overtime worked that is less than one -quarter hour shall be rounded -off to the nearest quarter hour each pay period. 3. The City of National City has elected a 28-day work period for fire suppression employees under the 7K exemptions contained in the Fair Labor Standards Act to coincide with the City's regular pay periods. Effective with the first pay period after ratification and approval of this MOU by the City Council, time worked outside of an employee's regularly scheduled shift shall be compensated at an employee's overtime rate. Authorized paid leave (including but not limited to vacation leave, administrative, compensatory leave and sick leave) will be counted as time worked for purposes of calculating overtime. 4. Employees may be credited with compensating time for overtime worked, upon prior request of the employee and approval of the Fire Chief, up to a maximum of 480 hours. Time off shall be requested and must be approved at least seven (7) days prior to the requested date of absence. 5. An employee may use compensating time in advance of accruing it with the Fire Chiefs approval, providing that any negative balance is owed to the City at separation or retirement. 6. The City may not force use of compensatory time off or vacation in order to avoid overtime payment. 7. The maximum consecutive hours worked by any employee shall be based on the follow criteria: a) Strike team — as needed b) For unplanned absences such as sick leave, 4850 and unexpected vacancies, time worked shall not exceed 96 hours consecutive except with prior approval of the Chief of the department c) For known or planned absences such as shift exchanges or vacation relief, time worked shall not exceed more than 96 hours except with prior approval of the Chief of the department. Authorization shall be received prior to working a greater than 96 hours consecutive period by the Chief of the Department or by his/her designee. The City and the FFA recognize that safety is of the utmost importance and mutually agree to put safety first, but also understand that staffing shortages may require forced holdovers in certain circumstances. Force holdovers shall not force represented employees to work beyond 72 hours except in extreme staffing shortages (i.e. strike teams, natural disasters, etc.) 29 NCFFA Agreement July 1, 20182015 — June 30, 202024;48 138 of 271 ARTICLE 17 - LONGEVITY PAY In addition to other compensation paid for the services of employees, longevity pay for continuous and uninterrupted service shall be applied as follows: continued at same level for those employees receiving longevity pay as of June 30, 1984. No employees not receiving longevity pay as of that date will be eligible to receive it in the future; no employee currently receiving it will be eligible for increase in longevity pay. Current levels of longevity pay are: (a) After five (5) years of continuous and uninterrupted service the sum of $10.00 per month; (b) After ten (10) years of continuous and uninterrupted service the sum payment of $15.00 per month; (c) After fifteen (15) years of continuous and uninterrupted service the sum payment of $20.00 per month; (d) After twenty (20) years of continuous and uninterrupted service the sum payment of $25.00 per month; (e) After twenty-five (25) years of continuous and uninterrupted service the sum payment $30.00 per month, which shall be the maximum payable. Vacations, sick leave, military leave and absence authorized by the Fire Chief of National City shall not be considered as interruption of service. In the event an officer or employee ceases to be employed by National City for a reason other than military service or lay-off, all rights to longevity pay shall be forfeited and expire, and if said officer or employee is subsequently re-employed by the City, said employee or officer shall not be entitled to any longevity pay by reason of any prior employment. 30 NCFFA Agreement July 1, 20182015 — June 30, 202024;48 139 of 271 ARTICLE 18 — EMPLOYEE AND DEPENDENT HEALTH & DENTAL INSURANCE Section 1 As a benefit to full-time employees covered by this Memorandum of Understanding, the City will provide a group health insurance and a group dental insurance program. The benefits and limitations of the programs are to be designed cooperatively by the Employees' Association, the Insurance Carriers and the City. The Association and City agree to select and implement health insurance programs that meet the requirements of the Health Maintenance Act of 1973. In the event the cost of insurances selected by the employee exceeds the contribution by the City, the employee must pay the excess amount. Section 2 Cash Back and Cash -in -Lieu An employee must select coverage for health and dental insurance to be eligible for cash -in -lieu. If coverage selected costs less than the contribution by the City, the difference shall be paid to the employee in the form of money to a maximum of $100/month. Effective the first full pay period following City Council approval of this 2018-2020 MOU, an employee that opts out of City health and attests to alternative family health coverage shall receive a taxable payment of $150 per month. Effective the first full pay period in July 2019, an employee that opts out of City health and attests to alternative family health coverage shall receive a taxable payment of $200 per month. Section 3 Medical & Dental Benefits As of January 31, 2019Effcctivc February 1, 2011, the City shall contributes the following amounts for health and dental benefits: CITY'S CONTRIBUTION IF ELECT THE KAISER HIGH DEDUCTIBLE HEALTH PLAN (Kaiser HDHP) Employee Only $457.56/month Employee +1 $736.80/month Employee +2 or more $1,029.81/month CITY'S CONTRIBUTION FOR ALL PLANS OTHER THAN KAISER HIGH DEDUCTIBLE HEALTH PLAN (Kaiser HDHP): Employee Only $527.41/month Employee +1 $876.54/month Employee +2 or more $1,227.43/month Employee only Employee -and -one -dependent $1157.56 per month $736.80 per month Employee plus 2 or more dependents $1,029.81 per month 31 NCFFA Agreement July 1, 20182015 — June 30, 202024;48 140 of 271 Effective the first full pay period following City Council adoption of this 2018-2020 MOU, the City will contribute the same amount regardless of what health plan an employee chooses equal to the amounts contributed to the non -high deductible plans. Also, effective the first full pay period following City Council adoption of this 2018-2020 MOU, the City will contribute $50 per month more than the City would be otherwise obligated to contribute under the cost sharing methodology described in the next paragraph. Effective the first full pay period in July 2019, the City will contribute an additional/further $50/month. Effective February 1, 2012, and in Eeach following health plan year (currently February through the following January), the City's new contribution obligation shall be the City's monthly contribution amounts from the prior health plan year plus 50% of any increase in the applicable Kaiser health plan rate and least costly dental rate. During the term of this MOU, in the event that HealthNet withdraws or is eliminated as an insurer for the City under this provision and/or significant changes to coverage occur, immediately upon receipt of said notice and/or at its earliest opportunity, the City shall meet and confer with the Association on the issue of insurance benefits to adjust for such withdrawal/elimination of HealthNet. Options within this meet and confer to deal with the withdrawal/elimination of HealthNet include, but are not limited to, selection of an alternate insurance provider, increases in City contributions towards health care, opt out options for employees with proof of alternate insurance together with an opt out contribution, etc. Section 4 Retiree Health Benefit Employees covered by this MOU, who retire from the City of National City with at least 20 full years of service with the National City Fire Department, shall receive a monthly contribution towards their medical premium as follows: a. For employees who retire after July 1, 2002 and before July 1, 2011: $5/month for each year of service with National City Fire Department. Section 4 Retiree Health Benefit (continued) b. For employees who retire on or between July 1, 2011 and June 30, 2014: $10/month for each year of service with National City Fire Department. c. For employees who retire on or after July 1, 2014: $20/month for each year of service with National City Fire Department. This contribution shall continue until reaching age 65. A qualifying retiree may receive these contributions even if not enrolled in a City health plan, so long as the retiree annually provides the City with written proof (e.g. a copy of health insurance invoice and payment) that the retiree is using the contributions to pay for health premiums and understands that the retiree is solely responsible for any taxes that might be due as a result of the City's contributions. Terminal vacation pay and/or sick leave payment upon retirement or PERS adding unused sick leave accruals toward retirement credit shall not be included in the calculation of 20 full years of service. If the City increases this benefit for the Police Officers' Association, that increase shall also apply to the Firefighters' Association, but not to former members of the FFA already retired at the time the increase is made, unless the increase for the POA applies to its former members already retired at the time the increase is implemented. Retirees eligible for this benefit are responsible for paying the Health Insurance Premium and the City will forward this benefit amount on a monthly basis directly to the Retiree. This benefit will be canceled upon 32 NCFFA Agreement July 1, 20182015 June 30, 20202048 141 of 271 non-payment of premium or otherwise becoming ineligible. The Retiree is also responsible for notification to the City of address change and health coverage from another source. 33 NCFFA Agreement July 1, 20182015 — June 30, 202024;48 142 of 271 ARTICLE 19 - EMPLOYEE LIFE INSURANCE As a benefit to full-time employees covered by this Memorandum of Understanding, the City will provide a group life insurance program. The benefits and limitations of the Life Insurance Program are to be designed cooperatively by the Employees' Association, Insurance Carrier and the City. The City will provide $50,000 Life Insurance with Accidental Death and Dismemberment as a City paid benefit. In the event the cost of providing Employee Life Insurance exceeds the established City contribution, employee must pay the excess amount. 34 NCFFA Agreement July 1, 20182015 — June 30, 202024;48 143 of 271 ARTICLE 20 - LONG TERM DISABILITY INSURANCE It is the intent of this article to provide an income protection plan to firefighter employees who are unable to work because of non -work related injury, illness or disability. (A) The Firefighters' Association, at its option, may change insurance carriers and/or plan benefits for its group Long Term Disability (LTD) Program no more than once in any twelve (12) month period upon proper notice to the City's Labor Relations Representative. (B) The City shall pay $33.90 per month to each represented firefighter employee in the form of a taxable pay type and shall deduct the monthly premium and pay the insurance carrier directly. Any excess of City contribution over the premium cost shall be available to the employee as cash -in -lieu. (C) The City shall continue to make health, dental and life insurance contributions to represented employees in accordance with Article 18 and 19 of this MOU for the duration of the disability or twelve (12) consecutive months whichever is less, unless this benefit is extended by the Fire Chief and the City Manager. (D) The disabled employee shall use accumulated sick leave during the waiting period for the benefit to be effective and thereafter on leave without pay status. The City shall be notified as to the effective date of benefit by the responsible party. 35 NCFFA Agreement July 1, 20182015 — June 30, 202024;48 144 of 271 ARTICLE 21 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM This article has been updated as of January, 2016 with the intent of accurately describing the tiered retire system and the optional retirement benefits available to represented employees. It is not intended to add, delete or otherwise modify benefits previously mutually agreed to by the City and NCFFA. Section 1 City's Contract with Ca1PERS Consistent with the Government Code of the State of California, employees are local safety members of the Public Employees' Retirement System and are entitled to retirement benefits as indicated in the contract between the Board of Administration of California Public Employees Retirement System (Ca1PERS) and the City Council and in accordance with the Public Employees' Retirement Law and related regulations. Section 2 Retirement Benefits (A) Tier One: 3.0% at 50 Retirement Plan — Unit Members Hired On or Before July 1, 2011 This subsection A (including subsections) shall apply to bargaining unit members hired on or before July 1, 2011. 1. 3.0% at 50 Retirement Plan The 3.0% at 50 retirement plan will be available to eligible bargaining unit members covered by subsection A. 2. Required Unit Member Contribution Each unit member shall pay the full member contribution to Ca1PERS equal to nine percent (9%) of the compensation paid to the member for service rendered. Effective the first full pay period in July 2018, each unit employee shall contribute 1.0% toward the employer PERS rate for a total of 10.0% overall contributed toward their pensions. Effective the first full pay period in July 2019, each unit employee shall contribute an additional 2.0% for a total of 3.0% toward the employer PERS rate, and a total of 12.0% overall contributed toward their pensions. These payments of the 1% and 2% herein shall be in accordance with California Government Code section 20516 (f). In addition, the payments shall be made on a pre-tax basis pursuant to IRS code section 414 (h) (2). 3. Final Compensation For the purposes of determining a retirement benefit, final compensation for bargaining unit members covered by subsection A shall mean the highest twelve (12) consecutive month period. (B) Tier Two: 3.0% at 55 Retirement Plan — Unit Members Hired After July 1, 2011 But Before January 1, 2013, and Classic Members as Determined by Ca1PERS This subsection B (including its subsections) shall apply to bargaining unit members hired after July 1, 2011 but before January 1, 2013. In addition, this subsection B (including its subsections) 36 NCFFA Agreement July 1, 20182015—June 30, 20202018 145 of 271 shall apply to bargaining unit members hired on or after January 1, 2013, who are qualified for pension reciprocity as stated in Government Code Section 7522.02(c) and related Ca1PERS reciprocity requirements ("Classic Members"). 1. 3.0% at 55 Retirement Plan The 3.0% at 55 retirement plan will be available to eligible bargaining unit members covered by subsection B. Section 2 Retirement Benefits (continued) 2. Required Unit Member Contribution Each unit member shall pay the full member contribution to Ca1PERS equal to nine percent (9%) of the compensation paid the member for service rendered. Effective the first full pay period in July 2018, each unit employee shall contribute 1.0% toward the employer PERS rate for a total of 10.0% overall contributed toward their pensions. Effective the first full pay period in July 2019, each unit employee shall contribute an additional 2.0% for a total of 3.0% toward the employer PERS rate, and a total of 12.0% overall contributed toward their pensions. These payments of the 1 % and 2% herein shall be in accordance with California Government Code section 20516 (f). In addition, the payments shall be made on a pre-tax basis pursuant to IRS code section 414 (h) (2). 3. Final Compensation For the purposes of determining a retirement benefit, final compensation for bargaining unit members covered by subsection B shall mean the highest twelve (12) consecutive month period. (C) Tier Three: 2.7% at 57 Retirement Plan - Unit Members Hired On or After January 1, 2013 This subsection C (including its subsections) shall apply to bargaining unit members who were hired on or after January 1, 2013, and who do not qualify for pension reciprocity as stated in Government Code Section 7522.02(c). 1. 2.7% at 57 Retirement Plan As required by Government Code Section 7522.25, the 2.7% at 57 retirement plan will be available to eligible bargaining unit members covered by subsection C. 2. Required Unit Member Contribution As required by Government Code Section 7522.30, bargaining unit members covered by subsection C shall pay, through payroll deductions, fifty percent (50%) of normal costs. 3. Final Compensation As required by Government Code Section 7522.32, for the purposes of determining a retirement benefit, final compensation for bargaining unit members covered by subsection C shall mean the highest annual average pensionable compensation earned during thirty-six (36) consecutive months of service. 37 NCFFA Agreement July 1, 20182015 — June 30, 20202018 146 of 271 Section 3 Optional Retirement Benefits The City shall provide bargaining unit members with those optional benefits which it has elected to provide in its contract with Ca1PERS and in accordance with the Public Employees Retirement Law. The list of optional benefits, as provided in the City's Safety Plan Annual Valuation Report prepared by Ca1PERS, and as stated in the City's contract with Ca1PERS is provided as an attachment. Some or all of the listed benefits may not be available to Tier Three members. The above provision is subject to the terms and conditions of the City's contract with Ca1PERS, and any applicable local, state or federal law. 38 NCFFA Agreement July 1, 20182015 — June 30, 202024;48 147 of 271 ARTICLE 22 - SALARIES Section 1 Total Compensation The City of National City strives whenever fiscally prudent to provide fire suppression personnel with total compensation comparable to the average of the 18 City Fire Departments in the County of San Diego. Total compensation surveys for bargaining unit members shall be performed according to the following criteria: (A) Benchmark classifications for the total compensation survey shall be: Firefighter; Engineer; Captain; and Battalion Chief. (B) Agencies to be surveyed for determining total compensation shall be: Carlsbad; Chula Vista; Coronado; Del Mar; El Cajon; Encinitas; Escondido; Imperial Beach; La Mesa; Lemon Grove; National City; Oceanside; Poway; San Diego; San Marcos; Santee; Solana Beach; and Vista. (C) Compensation items to be surveyed and included for each classification shall be: Employee Salary (top step); Medical contributions; Uniform Pay; Retirement contribution (EPMC paid by employer); Education Incentive; Paramedic Pay (for Firefighter classification only); and EMT Pay (for the Fire Captain, Engineer, and Battalion Chief classifications only). Section 2 Salary Increases Effective the first full pay period in July 2018, all employees shall receive a 3.0% wage increase. Effective the first full pay period in July 2019, all employees shall receive a further 3.0% wage increase. The language set forth in the remainder of Section 2 below describes the process the City and FFA agreed upon to determine salary increases in 2015, 2016 and 2017. That language is retained below as a historical record of the methodology used in those three years but, as described in the prior paragraph, is not being used to determine salary adjustments during this 2018-2020 MOU. Year 1 (2015) At the City's expense, the City will conduct and complete a total compensation survey of all bargaining unit classifications, according to the criteria for conducting total compensation surveys stated in Section 1, above. The total compensation survey shall be based on compensation data from comparable agencies in effect on December 1, 2015. Comparable agency compensation adjustments approved which are implemented after December 1, 2015 shall not be considered in the survey. The City will give NCFFA the opportunity to verify the underlying data used in the compensation survey before the survey is finalized. After the total compensation survey is completed and the results of the survey are provided to NCFFA, the parties will meet to mutually agree no later than January 11, 2016 on the single subject of implementing the results of the total compensation survey and will consider the following factors, including but not limited to: • Determine the appropriate wage increases for NCFFA classifications which are below average market • Recruitment and retention challenges of any particular classifications(s) • The extent the classification is below market average 39 NCFFA Agreement July 1, 20182015 — June 30, 202024;48 148 of 271 The total amount of funds available for compensation increases for below market bargaining unit classifications will be equal to 4% of base salary for all employees represented by NCFFA and the total amount available shall be used in its entirety for increases to base salary for below market bargaining unit classifications. Any increases shall be effective the first full pay period following Council approval of this MOU or the first full pay period of December 2015 whichever is earlier. Section 2 Salary increases (continued) Year 2 (2016) At the City's expense, the City will conduct and complete a total compensation survey of all bargaining unit classifications, according to the criteria for conducting total compensation surveys stated in Section 1, above. The total compensation survey shall be based on compensation data of comparable agencies in effect on July 1, 2016. Comparable agency compensation adjustments approved after July 1, 2016 but retroactive to or before July 1, 2016 shall not be considered in the survey. The City will give NCFFA the opportunity to verify the underlying data used in the compensation survey before the survey is finalized. After the total compensation survey is completed and the results of the survey are provided to NCFFA, the parties will meet to mutually agree no later than June 1, 2016 on the single subject of implementing the results of the total compensation survey and will consider the following factors, including but not limited to: • Determine the appropriate wage increases for NCFFA classifications which are below average market • Recruitment and retention challenges of any particular classifications(s) • The extent the classification is below market average The total amount of funds available for compensation increases for below market bargaining unit classifications will be equal to 4% of total compensation (Total compensation defined as: annual salary, bilingual pay, uniform pay, EMT pay, Paramedic Pay, Holiday Pay, Residency Pay, Workers Compensation, Ca1PERS, and Medicare effective July 2016) for all employees represented by NCFFA and the total amount available shall be used in its entirety for increases to base salaries for below market bargaining unit classifications. Any increases shall be effective the first full pay period in August 2016 or the first full pay period following reaching agreement, whichever is later. Year 3 (2017) At the City's expense, the City will conduct and complete a total compensation survey of all bargaining unit classifications, according to the criteria for conducting total compensation surveys stated in Section 1, above. The total compensation survey shall be based on compensation data from comparable agencies in effect on July 1, 2017. Comparable agency compensation adjustments approved which are implemented after July 1, 2017 shall not be considered in the survey. The City will give NCFFA the opportunity to verify the underlying data used in the compensation survey before the survey is finalized. After the total compensation survey is completed and the results of the survey are provided to NCFFA, the parties will meet to mutually agree no later than June 1, 2017 on the single subject of implementing the results of the total compensation survey and will consider the following factors, including but not limited to: • Determine the appropriate wage increases for NCFFA classifications which are below average market • Recruitment and retention challenges of any particular classifications(s) • The extent the classification is below market average 40 NCFFA Agreement July 1, 20182015 — June 30, 202024;48 149 of 271 The total amount of funds available for compensation increases for below market bargaining unit classifications will be equal to 3% of base salary for all employees represented by NCFFA and the total amount available shall be used in its entirety for increases to base salary for below market bargaining unit classifications. Any increases shall be effective the first full pay period in August 2017 or the first full pay period following reaching agreement, whichever is later. Section 3 Bilingual Pay Those represented employees who can demonstrate competency in the Spanish or Tagalog languages as verified by the Personnel Department shall receive an additional 2.0% incentive pay to the hourly base salaries. Effective the first full pay period following City Council approval of this 2018-2020 MOU, represented employees who can demonstrate competency in the Spanish or Tagalog languages as verified by the Human Resources Personnel Department shall receive 4.0% incentive pay to the hourly base salaries. Section 4 Residency Incentive Pay Those represented employees who can show actual residency within the City limits of National City shall receive an additional 2% incentive pay to their hourly base salaries for as long as they remain residents of National City. 41 NCFFA Agreement July 1, 20182015—June 30, 20202018 150 of 271 ARTICLE 23 - CALL BACK AND STANDBY/ON-CALL 1. All employees covered by the terms of the Agreement who are called back to work from off -duty and arrive at station for duty shall be paid for not less than two (2) hours at one and one-half (1 %) times the base salary rate. Immediate call back will receive one (1) additional hour of travel time. 2. Off -duty personnel may be required by the Fire Chief to remain on standby/on-call status and shall receive one-half (.5) hour of base salary for each four (4) hours of required standby time. 42 NCFFA Agreement July 1, 20182015 — June 30, 202024;48 151 of 271 ARTICLE 24 - SHIFT EXCHANGES The City agrees that employees shall have the right to exchange, subject to prior approval of the Chief or his authorized designee, duty shifts when the changes do not interfere with the operation of the Fire Department. The Association agrees that shift exchanges shall in no way become subject to overtime pay. 1. The Chiefs authorized designee may be one shift Captain from the requesting individual and one shift Captain from the receiving man involved in the shift exchange. The Chief may change his designee at any time. 2. Shift exchanges may be for a minimum of one (1) hour to a maximum of twenty-four (24) hours for any one request. 3. Refer to Article 16 Overtime for consecutive hours worked criteria. 4. Working in excess of twenty-four (24) hours will not be cause for denial. 43 NCFFA Agreement July 1, 20182015 — June 30, 202024;48 152 of 271 ARTICLE 25 - TRAINING Section 1 Training EMT Training — The City agrees to provide all training and re -certification for represented employees to maintain County of San Diego EMT certification. EMT training will be provided on City time (during regularly scheduled work hours). Fire Investigation Training — Up to $500 annually will be provided to employees assigned to Fire Investigation for specialized training in fire investigation that is considered necessary by the Fire Marshal and approved by the Fire Chief. Section 2 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 $2,000500 per employee, per fiscal year with a maximum pool of training funds per fiscal year of $20,000 for FFA represented employees, and is open to all employees who meet the following criteria: (A) Successful completion of probation. (B) A proposed course of instruction related to the employee's employment with the City. The City Manager or his designee has the final authority on determining whether a course is job related. Request must be submitted in writing on appropriate department form according to established procedures. (C) The reimbursement may be used to cover the costs of tuition, registration, travel expenses and books. (D) If a letter grade is given, the course must be passed with a grade of "C" or better. If taken on pass/fail basis, employee must pass course(s) taken. If no grade or pass/fail is given, then reimbursement shall be given upon presentation of successful completion of training. (E) The employee must show written documentation of the expenditures being claimed for reimbursement. (F) While the general maximum reimbursement per employee per fiscal year is $2,000 (see above), in the last month of the fiscal year, employees who have completed approved courses exceeding the $2,000 per employee limit shall be eligibleadditional for additional reimbursement if the $20,000 for that fiscal year has not all been used. Reimbursement payments beyond $2,000 per employee shall be made in equal amounts to requesting employees, but may not exceed $3,000 per employee for courses completed in that fiscal year. Reimbursement under this Plan will be made upon completion of the above requirements and paid from the fund for the fiscal year in which the course is paid by the employee. 44 NCFFA Agreement July 1, 20182015 — June 30, 202024;48 153 of 271 ARTICLE 26 - COMPANY -LEVEL STAFFING Section 1 Each of the two (2) engine companies shall be staffed with a minimum of three (3) Personnel in the following manner: one (1) rated Fire Captain, one (1) rated Fire Engineer and one (1) rated Firefighter. Engine companies shall be staffed to perform engine company operations. Section 2 Each Truck Company shall be staffed with a minimum of four (4) Personnel in the following manner: one (1) rated Fire Captain, one (1) rated Fire Engineer and two (2) rated Firefighters, except as provided in Section 3 below. The Truck Company shall be staffed to perform truck company operations. Section 3 The City shall be obligated to staff each company with rated personnel at all times. Circumstances in which non -rated personnel are used shall be governed by Article 4, Out -of -Class Pay. Inability to provide rated personnel may be permitted in circumstances out of the Department's control, such as sick leave, special leave, off the job -incurred injury, or illness, on the job -incurred injury or illness or natural disasters. Section 4 In the event a Battalion Chief is on vacation, an attempt must be made to fill the vacancy with a rated Battalion Chief. In the event a Captain is on vacation, an attempt must be made to fill the vacancy with a rated Captain. In the event an Engineer is on vacation, an attempt must be made to fill the vacancy with a rated Engineer. Section 5 Refer to Overtime article 16 for consecutive hours worked criteria. Section 6 Minimum daily staffing shall not be leef than eleven (11) personnel comprised of two (2) engine companies, one (1) truck company and one (1) Battalion Chief. During the term of the MOU, the parties agree to meet additional personnel, which incresc may be, but not necessarily limited to, a two personnel squad. Should both sides mutually agree to move forward with the concept, the scope of duties and responsibilities for the two additional personnel, it will be implemented for one year as a pilot program. During the one year pilot pregfamfaMinimum daily staffing shall be no less than thirteen (13) personnel comprised of two (2) engine companies, one (1) truck, one (1) Battalion Chief and either one (1) two -personnel squad or additional personnel to other equipment. The parties may extend the pilot program by mutual agreement. Upon conclusion of the one year pilot program, minimum daily shall not be less than eleven (11) personnel comprised of two (2) engine companies, one (1) truck company and one (1) Battalion Chief Section 7 The City is committed to enhancing service levels and evaluating the impact of constant manning for the betterment of its residents and the NCFFA who serve them. Section 8 Each Command Vehicle will be staffed with one (1) rated fire Battalion Chief. 45 NCFFA Agreement July 1, 20182015 — June 30, 202024;48 154 of 271 ARTICLE 27 - MANAGEMENT RIGHTS Except --and only to the extent --that specific provision of this Agreement expressly provides otherwise, it is hereby mutually agreed that the City has and will continue to retain, regardless of the frequency of exercise, rights to operate and manage its affairs in each and every respect. The rights reserved to the sole discretion of the City shall include, but not be limited to the right: to determine the mission of its constituent departments, commissions, boards; set standards of service; determine the procedures and standards of selection for employment and promotions; direct its employees; establish and enforce dress standards; determine the methods and means to relieve its employees from duty because of lack of work or other legitimate reasons; maintain the efficiency of governmental operations; determine the methods, means and personnel by which government operations are to be conducted; determine the content and intent of job classifications; determine methods of financing; determine style and/or types of City -issued wearing apparel, equipment or technology to be used; determine and/or change the facilities, methods technology, means, organizational structure and size and composition of the work force and allocate and assign work by which the City operations are to be conducted; determine and change the number of locations, relocations and types of operations, processes and materials to be used in carrying out all City functions including the right to contract for or subcontract any work or operations of the City; to assign work to and schedule employees in accordance with requirements as determined by the City and to establish and change work schedules and assignments upon reasonable notice; establish and modify productivity and performance programs and standards; suspend, demote, reprimand, withhold salary increases and benefits, or otherwise discipline employees for legal cause; establish reasonable employee performance standards including, but not limited to, quality, and quantity; standards; and to require compliance therewith; take all necessary actions to carry out its mission in emergencies; and exercise control and discretion over its organization and the technology of performing its work. 46 NCFFA Agreement July 1, 20182015 — June 30, 202024;48 155 of 271 The provisions of this Memorandum of Understanding shall be effective and binding from July 1, 2015 through June 30, 2018. This MOU is subject to all future and current applicable Federal or State and Local laws and regulations. If any part or provision of this MOU is in conflict with such applicable provisions of Federal or State laws or remainder of the MOU shall not be affected. The Association will be duly notified of any such judicial or legislative action invalidating any section of this Agreement, and the Employees' Association and/or the City shall have right to meet and confer within thirty (30) days concerning said section. This MOU shall supersede all past agreements and City or department rules and ordinances that arc in conflict with or are addressed by this MOU. In addition, the City and the Association may mutually agree in writing to meet and confer on any subject within the scope of representation. 47 NCFFA Agreement July 1, 20182015 —June 30, 20202018 156 of 271 ARTICLE 29 DEFINITIONS BASE SA LARY Shall mean, for 56 hour personnel, the hourly rate derived by dividing the annual salary as developed by the Finance Department on their published salary schedule by the average number of scheduled work hours (2912) hours. For 10 hour personnel, the hourly salary derived by dividing the annual salary by 2080 hours. The annual salary docs not include overtime, special or incentive pays or cash outs. COMPENSATION PLAN Shall mean the official schedule of pay approved by the City Council assigning one or more rates of pay to each class title. COMPENSATORY LEAVE Shall mean time off from work in lieu of monetary payment for overtime worked. CONTINUOUS SERVICE Shall mean employment in the City service uninterrupted by separation, and applies to the time a person has been employed on a permanent basis, or to the continuation of employment from temporary to a permanent appointment, without any break in service. DEMOTION Shall mean the appointment of an employee holding a position in one class to a position in another class having a lower maximum salary rate, or to a lower step within the same. DEPARTMENT Shall mean an administrative branch including a _coup of employees under the immediate charge of a chief executive officer of a department of the City government, which latter officer shall be known as the department head. EMPLOYEE Shall m an a person who is legally an incumbent of a position in the Classified Service or who is on authorized leave of absence from such a position with the right to return to his position. Employee shall include OFFICER. IMMEDIATE FAMILY Immediate family shall include the husband, wife, domestic partner (as defined by and registered with the California Secretary of State), mother and father of husband and wife and domestic partner, son, daughter, brother and sister of the employee, or any relative by blood or marriage or domestic partnership residing in the same household. INTERIM APPOINTMENT Shall mean a short term appointment made from an eligible list. LAY OFF Shall mean the involuntary, non disciplinary separation of an employee from a position resulting from lack of work, lack of funds or abolishment of a position. LEAVE Shall mean an approved type of absence from work as provided for by these rules. NORMAL WORK DAY Shall mean operations personnel are not expected to work on projects of a non emergency nature after 1700 hours. If an individual elects to work on a project or other administrative assignment after 1700 hours he shall do so of his own free choosing. No coercion, harassment or persuasion shall be placed on any individual either by the fire department administration or by the labor body. PAY CYCLE Two week period for pay purposes. 48 NCFFA Agreement July 1, 20182015 — June 30 2020244 157 of 271 PAY DAY Day on which pay is given for previous pay cycle. PAY PERIOD _. 7Qdayper:od for purposes v ofoertimn rz PERMANENT EMPLOYEE Shall mean an empl yce who has been appointed to a permanent position. A permanent employee may be serving a probationary period. PERMANENT POSITION Shall mean a specific office or classification, whether occupied or vacant, carrying responsibilities and calling for the performance of certain duties by one individual. This position shall be included in the Classified Service and may be either on a part time or full time basis. PERMANENT STATUS Shall mean the satisfactory completion of one (1) year of probationary service and continuing permanent appointment. DIRECTOR OF PERSONNEL Shall mean the City Manager or the person appointed by the City Manager to act as Secretary to the Civil Commission, to administer the activities of the Personnel Department and to exercise general supervision over the employment policy of the City subject to the direction of the Commission. POSITION Shall mean any specific officer or classification whether occupied or vacant, carrying certain responsibilities and calling for the performance of certain duties by one individual, either on a part time or full time basis. demonstrate his fitness by the actual performance of the duties and responsibilities of his position and during which time he may be terminated without right of appeal to the Civil Service Commission. PROBATIONARY STATUS Shall mean service in a permanent position prior to completion of the prescribed period of probationary service. PROBATIONER Shall be an employee in the Classified Service who is serving a probationary period. PROVISIONAL APPOINTMENT Shall mean the temporary appointment of a person who possesses the emergency appointment, which is not made from a rc employment list or an eligible list. SALARY RANCE Shall mean one or more, but commonly five (5) specific pay rates having a percentage .. s SALARY RATE Shall mean a specific dollar amount, expressed as an annual rate, a monthly rate, a semi monthly rate, a bi weekly rate or an hourly rate, as shown in the compensation plan of the City. SALA RY STEP Shall mean the location of a rate within a salary range, as identified by a letter of the alphabet. 49 NCFFA Agreement July 1, 20182015 — June 30 202024 158 of 271 TELESTAFF Shall mean the department recognized staffing and payroll computer software program. TEMPORARY ASSIGNMENT Assignment of personnel to a 10 hour vorkweek in a position that is not designated as a permanent 10 hour assignment. TEMPORARY EMPLOYEE Shall mean an employee appointed to a position of a non permanent nature on provisional basis. WORK DAY Shall mean an eight (8) hour period as a normal work period. V� ORK SHIFT Shall mean twenty four (21) hour period as normal work. 50 NCFFA Agreement July 1, 20182015 — June 30, 20202018 159 of 271 ARTICLE 28 - EMPLOYEE GRIEVANCE PROCEDURE Section 1 Purpose The purpose and objectives of this Grievance Procedure of the City of National City are: (A) To promote improved employer -employee relations by establishing grievance procedures on matters within the scope of a Memorandum of Understanding between the City and a recognized employee association for which appeal or hearing is not provided by other regulations. (B) To assure fair and equitable treatment of all employees and promote harmonious relations among employees, supervisors and management. (C) To encourage the settlement of disagreements informally at the employee -supervisor level and provide an orderly procedure to handle grievances throughout the several supervisory levels where necessary. (D) To provide that appeals shall be conducted as informally as possible. (E) To resolve grievances as quickly as possible and correct, if possible, the cause of grievances, thereby reducing the number of grievances and future similar complaints. This grievance procedure is applicable to all employees in positions within a bargaining unit represented by an employee association. This procedure does not supersede the grievance or other appeal procedures in the Civil Service Rules of the City. Section 2 Identification of Participants For the purpose of this grievance procedure, the following definitions shall apply: (A) Association: The employee organization recognized by the City to represent employees in the grievant bargaining unit. (B) City: The City of National City. (C) City Manager: The City Manager or his designee. (D) Department: A major organizational unit of the City. (E) Department Head or Head of a Department: The chief executive officer of a department. (F) Employee or City Employee: A member of a bargaining unit either at the time of initiation of the grievance of within seven (7) calendar days prior to initiation of the grievance. (G) Employee Representative: An individual who appears on behalf of the employee. 51 NCFFA Agreement July 1, 20182015 — June 30, 202024;48 160 of 271 Section 2 Identification of Participants (continued) (H) Grievance: A complaint of an employee, or a group of employees or the Association on behalf of its membership as a whole, arising out of the application or interpretation of existing provisions of an MOU. (I) Immediate Supervisor: The individual who normally assigns reviews or directs the work of an employee. (J) Management: (1) Any employee having significant responsibilities for formulating and administering City policies and programs, including but not limited to the chief executive officer and department heads; (2), Any employee having authority to exercise independent judgment to hire, transfer, suspend, lay-off, recall, promote, discharge, assign, reward or discipline other employees, or having the responsibility to direct them or to adjust their grievances, or effectively to recommend such action if in connection with the foregoing the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment. (K) Memorandum of Understanding (MOU): A written agreement between an employee organization and the City, which is a result of the meet and confer process. (L) Director of Personnel: The Director of Personnel or his designee. (M) Second Level Supervisor: The individual to whom an immediate supervisor normally reports. Section 3 Scope of Grievance Procedure (A) To be reviewable under this procedure, a grievance must: 1. Concern matters or incidents that have occurred; and 2. Result from an act or omission by management which is alleged to be a violation of a specific provision of a current Memorandum of Understanding; and 3. Arise out of a specific situation, act or acts complained of as being unfair which result in specified inequity or damage to the employee(s). (B) A grievance is not reviewable under this procedure if either it is a matter which would require the modification of the MOU or a policy established by the City Council or by law. Also, a grievance is not reviewable under this procedure if it is reviewable under some other administrative or Civil Service procedure such as: 1. Applications for changes in title, job classification or salary; 2. Appeals from formal disciplinary proceedings; 3. Appeals arising out of Civil Service examinations; 4. Appeals from work performance evaluations. 52 NCFFA Agreement July 1, 20182015 — June 30, 202024;48 161 of 271 Section 3 Scope of Grievance Procedure (continued) (C) A complaint may not be considered under this procedure if a grievance has been filed on the same matter under the Civil Service Grievance Procedure (Rule IX). Section 4 Special Provisions of the Grievance Procedure (A) Procedure for Presentation: In presenting a grievance the employee shall follow the sequence and the procedure outlined in Section 5 of this Procedure. (B) Prompt Presentation: The employee shall discuss the grievance with the immediate supervisor promptly after the act or omission of management causing the grievance. (C) Submittal of Grievance: The written grievance shall be submitted on a form prescribed by the Director of Personnel for this purpose. At each level, the form must be completed fully, signed by the grievant and hand delivered or sent by U.S. mail to the designated reviewer's office with a copy being sent to the Personnel Office, also within the specified time limits. (D) Statement of Grievance: The grievance must contain a statement of: 1. The specific situation, act or acts complained of as being unfair; and 2. The specific provision(s) of the MOU which has been violated; and 3. The inequity or damage suffered by the employee; and 4. The relief sought; and 5. The representative of the grievant (if applicable). (E) Employee Representative: The employee may choose someone to provide representation at any step in the procedure. No person hearing a grievance need recognize more than one representative for any employee at any one time. (F) Handled During Working Hours: Whenever possible, grievance hearings and meetings with reviewers will be conducted during the regularly scheduled working hours of the parties involved. (G) Extension of Time: The time limit within which action must be taken or a decision made as specified in this procedure may be extended by mutual written consent of the parties involved. A statement of the duration of such extension of time must be signed by both parties involved at the step to be extended. (H) Consolidation of Grievances: If the grievance involves a group of employees or if a number of employees file separate grievances on the same matter, the grievances may be handled by management as a single grievance. 53 NCFFA Agreement July 1, 20182015 — June 30, 202024;48 162 of 271 Seatiors '1 Special 4sions-of the rie cep c-ed e-(coati nub (1) (J) Settlement: A grievance shall be considered settled and not subject to further consideration or re - filing if any of the following conditions exist: 1. The grievant indicates in writing that the grievance is withdrawn. 2. The specific remedy requested on the grievance form is granted. 3. The grievant does not submit the grievance to the next higher level of review with the normal time limits or extended time limits obtained in writing by mutual agreement. Rejection: A grievance may be rejected for consideration at any time during the grievance review process for any of the following reasons: 1. The grievant does not meet the definition of "employee' indicated in Section 2. 2. The subject of the grievance is outside the scope of the procedure as indicated in Section 3. 3. The grievant does not comply with any of the requirements of Sections 4 or 5. (K) Representation: The grievant may elect to be represented by the Association or any other person or to represent himself/herself. If the grievant elects to not be represented by the Association, the Association shall be given a copy of the grievance and its resolution. (L) Deletion of Step(s): By mutual written consent of the department head and the grievant, any one or more of the first three (3) steps of the procedure may be omitted in consideration of a specific grievance when it is felt that this is in the best interests of an equitable and expeditious resolution of the grievance. (M) Reprisals: The grievance procedure is considered an integral part of the employee -employer relation policy of the City. As such, it is intended to assure a grievant and his/her representative the right to present the grievance without fear of disciplinary action or reprisal of any kind by his/her supervisor or other agents of the City provided he/she observes the provisions of the grievance procedure. Section 5 Grievance Procedure Steps An employee submitting a grievance shall follow the following procedure: STEP I Immediate Supervisor: The employee shall discuss the grievance with the immediate supervisor within 20 calendar days of the alleged act or omission of management causing the grievance. Within seven (7) calendar days the supervisor shall give a decision to the employee verbally. 54 NCFFA Agreement July 1, 20182015 — June 30 202024-1-8 163 of 271 Section 5 Grievance Procedure Steps (continued) STEP II Department Head: If the employee and supervisor cannot reach an agreement as to a solution of the grievance or the employee has not received a decision within the time limit, the employee may within seven (7) calendar days present the grievance in writing to the department head. The department head shall hear the grievance and give a written decision to the employee within fourteen (14) calendar days. STEP III Hearing: (a) Grievance to Director of Personnel: If the grievant and the department head cannot reach an agreement as to a solution of the grievance or the employee has not receive a written decision within the time limit, the grievant may within fourteen (14) calendar days present the grievance in writing to the Director of Personnel. (b) Selection of Board Members: Subject to Section 6 of this Article, within seven (7) calendar days of receiving the grievance at this level, the Director of Personnel shall meet with the grievant and/or the grievant's representative to select two members of a grievance hearing board. The grievant and/or representative shall select one member; the Director of Personnel shall select another member. The two board members shall select a third member to serve as Chairperson. The board members may be any persons who are not directly involved in the incidents of the grievance or in the line of supervision over the grievant either at the time of the hearing or at the time the incidents referred to in the grievance occurred. Any person nominated to be the chairperson shall be subject to disqualification and the action of the Board cancelled if it can be shown that he/she had direct interest in the resolution of the grievance. (c) Hearing Procedures: 1. The board members shall be given prior access to the grievance form, all written responses and all supportive material attached thereto. 2. The board shall provide written announcement of the location, date and time of the hearing to each side. 3. The hearing may be public or closed as requested by the grievant. 4. The manager who is the subject of the grievance shall be represented by the Director of Personnel or other person designated by him/her. 5. Each side shall have the opportunity to present written and oral evidence. Witnesses shall be under oath. 6. The board shall rule on the admissibility of evidence. Legal rules of evidence shall not apply. 55 NCFFA Agreement July 1, 20182015 — June 30, 202024;48 164 of 271 Section 5 Grievance Procedure Steps (continued) 7. Each side shall receive a copy of the written evidence and have the opportunity to question the witnesses of the other side. 8. The parties shall have the right to record hearings by audio recorders or, by mutual agreement, by court reporter. 9. The board members, if City employees, are entitled to carry out all activities connected with the hearing, including preparation for the hearing and preparation of report on City work time. 10. Consistent with the above requirements, the board may establish such additional procedures, as it deems necessary to carry out its responsibilities. (d) Board Report: 1. The board shall submit a written report of its findings to the City Manager with copies to the grievant, the appropriate department head and the Director of Personnel. 2. The report shall contain only the following: (a) Recommendation on each specific remedy requested on the grievance form. (b) Findings of fact about the alleged violation(s) by management. (c) The date, time and location of the hearing, the names of witnesses and a copy of all pertinent documents. 3. The board may recommend that no remedy be granted, that the remedy sought be granted or that an alternate remedy be granted. In order to grant some remedy to the grievant, it must be shown to the satisfaction of the board that such remedy is justified by a preponderance of evidence is consistent with the relevant MOU and the grievant met the requirements of the grievance procedure. 4. There shall be only one report from the board. 5. The discussions of the board members are confidential. All copies of materials and working papers of the board members shall be maintained by the Chairperson of the Board for 90 days after the decision of the City Manager is disseminated and then destroyed as soon as practical thereafter. 6. Necessary clerical support for the board shall be made available by the Office of the City Manager. 56 NCFFA Agreement July 1, 20182015 — June 30, 202024;48 165 of 271 Section 5 Grievance Procedure Steps (continued) (e) City Manager's Response: The City Manager shall provide written response to both parties and the members of the board on the resolution of the grievance. If the City Manager disagrees with any recommendation of the Board, his written response shall indicate strong and compelling reason(s) for that disagreement. Basis for disagreement may be any one or more of the following: 1. The Board substantially deviated from the hearing procedures. 2. The recommendation is in excess of the remedy sought on the initial grievance submittal. 3. The recommendation is inconsistent with the MOU. 4. The recommendation is inconsistent with the facts as stated in the grievance form and/or the written information provided by the Board. The decision of the City Manager shall be final and not subject to further appeal except for such appeals to the Courts and State or Federal compliance agencies as provided by law. Section 6 Interpretation and Application The Director of Personnel is responsible for the interpretation and application of this grievance procedure. In the event of disagreement with the Director of Personnel's actions or interpretations, the final authority will be the City Manager. The City Manager's determinations on the application and interpretation of the grievance procedure are final and not subject to further appeal or grievance. Section 7 Implementation If the City later grants binding arbitration as the final step for grievance resolution to the Police Officers' Association, that procedure shall be incorporated into this Article and applied to the members of the Firefighters' Association. 57 NCFFA Agreement July 1, 20182015 — June 30 20204048 166 of 271 ARTICLE 293-1- - PARAMEDIC ASSESSMENT COMPANY Section 1 Definition A Paramedic Assessment Company consists of a fire apparatus with advanced life support capability (ALS) staffed by a Fire Captain, Fire Engineer and Firefighters. Paramedics (EMT-P) on the assessment company shall carry out duties as defined by the appropriate San Diego County and State of California Emergency Medical Services (EMS) agencies. Section 2 Funding Costs of the Paramedic Assessment Company program are paid from reimbursements for services provided by the Fire Department to the City's Ambulance Transportation Services Program. Costs are to include licensing, continuing education, supplies, compensation and any other costs directly attributed to the program. Section 3 Components of the Program 1) Eligibility for Training: An employee must receive prior City approval to participate in the paramedic training and certification program, and the City retains sole discretion to approve or deny an employee's participation in paramedic training. Additionally, employees will be eligible for Paramedic training -only upon successful completion of their probationary period with the City of National City. 2) Lateral or new hires: Lateral or new hires with current Paramedic certification will be eligible for Paramedic duty after completion of department approved certification process with the City of National City. 3) Promotions: EMT-P licensing shall not be considered grounds to disqualify nor restrict employees from pursuing promotional opportunities within the Department. Required length of service: Employees entering the program agree to maintain their EMT-P status for a four year (4) period. After this four (4) year period, an EMT-P may end participation in the program only if qualified EMT-P replacement is available and by submitting a written resignation from the program ninety (90) days prior. In the case of simultaneous resignation requests, resignation will be based on seniority. Upon resignation, EMT-P compensation and reimbursements shall end. Reimbursement to the City: Employees who gain EMT-P certification as a function of their employment with the City have an obligation to provide EMT-P services to the City for a period of four (4) years from the time they receive EMT-P certification. Employees, who voluntarily resign from City employment before four (4) years, will be obligated to reimburse the City for all costs associated with EMT-P training. Extenuating circumstances that require an individual to leave the program or leave City employment prior to completing his or her four (4) year commitment may be considered on a case -by -case basis before assessing the reimbursement costs. 58 NCFFA Agreement July 1, 20182015 — June 30, 202024;48 167 of 271 Section 4 Paramedic Specialty Compensation & EMT Compensation - Paramedic Assessment Company Upon licensing and for as long as they remain in the Paramedic program, employees holding the EMT-P license shall receive an additional 15% incentive pay to their hourly base salaries for as long as the employee maintains current EMT-P certification. EMT-P employees shall be compensated at the rate of one and a half (1'/z) times for continuing education outside of regular work hours. This compensation will not exceed the minimum forty (40) hours of continuing education required by the State every two years to maintain EMT-P status. EMT Compensation - Paramedic Assessment Company: EMT employees who are not EMT-P's shall receive an additional 1 Y2% incentive pay to their current wage step hourly base salaries. 59 NCFFA Agreement July 1, 201825 June 30, 20202018 168 of 271 ARTICLE 302 - DEFERRED COMPENSATION FFA employees shall have the option to enroll in either the ICMA or the Nationwide plan but not both. The City will not agree to any enhancements to the Nationwide plan that would jeopardize the tax exempt status of the City's current plan with the IRS. 60 NCFFA Agreement July 1, 20182015 — June 30, 202024;48 169 of 271 ARTICLE 314 - CATASTROPHIC LEAVE Bargaining unit members are eligible to use catastrophic leave under the City's catastrophic leave policy and must meet all eligibility requirements under that policy, except that bargaining unit members may retain 96 hours of sick leave and 96 hours of vacation leave in their leave balances. Both banks must be exhausted or be projected by Human Resources staff to reach to a maximum of 96 hours during the anticipated term of absence in order to be eligible for a catastrophic leave bank. 61 NCFFA Agreement July 1, 20182015 — June 30, 202024;48 170 of 271 ARTICLE 324 - ASSOCIATION BANK The City and FFA agree to establish a mechanism for FFA members to donate paid 1 ave into a bank to be utilized by FFA members to conduct association business. Section 1 Leave Bank The intent of this article is to provide National City employees representing the National City Firefighters' Association (FFA) with a leave bank that can be utilized when conducting business benefitting the local association and its members such as but not limited to attending meetings and conferences on behalf of the association and/or its member(s). The cumulative Association Leave Bank maximum accrual is 360 hours per fiscal year. 1. Should the Association Leave Bank reach 360 hours in any fiscal year, additional donations shall not be accepted until the start of the next fiscal year up to a maximum of 360 hours. 2. The initial Association Leave Bank will be established by the City immediately following City Council approval. The maximum accrual for the first fiscal year of the Association Leave Bank will be prorated based upon the date of City Council approval. 3. The City shall not contribute leave time to the Association Leave Bank Section 2 Voluntary Donations 1. Hours shall be donated to the Association Leave Bank on a voluntary basis by FFA represented employees using a prescribed donation form. 2. Employees may donate vacation, sick or compensatory time credits. 3. Donations must be for a minimum of four (4) hours for each type of time transferred and in whole (one) hour increments thereafter. 4. Donating employees must have a minimum vacation balance of 112 hours after donation. 5. Sick leave donations will be credited at a rate of 50% (ex: a donation of four (4) hours will be credited to the Association Leave Bank as two (2) hours). 6. Sick leave donations will be counted against the donor's annual sick leave usage for purposes of Article 11, Section 12, Sick Leave Incentive Pay, at 50% of the number of hours donated (a donation of ten (10) hours will be counted as five (5) hours used for Article 11, Section 12 only. 7. Donating employees forfeit any right or claim to leave credits once they are donated. 8. Leave will be transferred on an hour -for -hour basis, regardless of the salary of the employees involved. Section 3 Use of the Leave Bank Hours donated to the Association Leave Bank may be used by members of the FFA: 62 NCFFA Agreement July 1, 20182015 — June 30, 202024;48 171 of 271 1. In lieu of or in conjunction with the employees own leave balances when conducting association business during the employee's scheduled work shift(s). 2. Determining which association activities are qualifying and which employees are eligible to utilize the Association Leave Bank is done at the discretion of the FFA Executive Board. 3. Requests for leave must be reviewed and are subject to approval by the department head or designee consistent with department policy. 4. Employees using donated leave shall record the use in Telestaff with the date of usage and the number of hours used. 5. It is the responsibility of FFA to monitor the hours available for use in the leave bank. Section 4 Administration 1. Upon receipt of a donation form, the Finance Department will review to ensure that the employee(s) meet the eligibility requirements and that the leave bank has not reached its maximum accrual for the fiscal year. 2. If all eligibility criteria are met, the Finance Department will transfer the donated leave to the Association Leave Bank. If any part of the eligibility criteria is not met, the donation form will be returned to the donating employee without being processed. 63 NCFFA Agreement July 1, 20182015 — June 30, 202029-1-g 172 of 271 ARTICLE 33 - POST -RETIREMENT HEALTHCARE TRUST The City and FFA will contract with a company to provide a post -retirement healthcare trust for represented employees contingent on the FFA specifying a provider acceptable to the City and with the agreement of FFA that there will be no financial cost or obligation to the City. All FFA represented employees will contribute $100/month to the post -retirement healthcare plantrt4st via payroll deductions effective the first full pay period after the trust is established. The City shall have no administrative responsibilities or liabilities related to this benefit, other than processing of payroll deductions. The FFA shall hold the City harmless for the City's actions related to this Article, and indemnify the City against any liability the city may incur as a result of this Article, including but not limited to allowing the FFA to participate in a post -retirement healthcare plantrust and/or the City's processing of payroll deductions as set forth in this Article. 64 NCFFA Agreement July 1, 20182015 — June 30, 20202018 173 of 271 ARTICLE 34 - TERMS OF PROVISIONS The provisions of this Memorandum of Understanding shall be effective and binding from July 1, 2018 through June 30, 2020. This MOU is subject to all future and current applicable Federal or State and Local laws and regulations. If any part or provision of this MOU is in conflict with such applicable provisions of Federal or State laws or regulations, or is otherwise held to be invalid or unenforceable by any tribunal of competent jurisdiction, such part or provision shall be suspended and superseded by such applicable law or regulations, and the remainder of the MOU shall not be affected. The Association will be duly notified of any such judicial or legislative action invalidating any section of this Agreement, and the Employees' Association and/or the City shall have right to meet and confer within thirty (30) days concerning said section. This MOU shall supersede all past agreements and City or department rules and ordinances that are in conflict with or are addressed by this MOU. In addition, the City and the Association may mutually agree in writing to meet and confer on any subject within the scope of representation. 65 NCFFA Agreement July 1, 20182015 — June 30, 20202018 174 of 271 ARTICLE 35 - DEFINITIONS BASE SALARY — Shall mean, for 56-hour personnel, the hourly rate derived by dividing the annual salary as developed by the Finance Department on their published salary schedule by the average number of scheduled work hours (2912) hours. For 40-hour personnel, the hourly salary derived by dividing the annual salary by 2080 hours. The annual salary does not include overtime, special or incentive pays or cash -outs. COMPENSATION PLAN — Shall mean the official schedule of pay approved by the City Council assigning one or more rates of pay to each class title. COMPENSATORY LEAVE — Shall mean time off from work in lieu of monetary payment for overtime worked. CONTINUOUS SERVICE — Shall mean employment in the City service uninterrupted by separation, and applies to the time a person has been employed on a permanent basis, or to the continuation of employment from temporary to a permanent appointment, without any break in service. DEMOTION — Shall mean the appointment of an employee holding a position in one class to a position in another class having a lower maximum salary rate, or to a lower step within the same. DEPARTMENT — Shall mean an administrative branch including a group of employees under the immediate charge of a chief executive officer of a department of the City government, which latter officer shall be known as the department head. EMPLOYEE — Shall mean a person who is legally an incumbent of a position in the Classified Service or who is on authorized leave of absence from such a position with the right to return to his position. Employee shall include OFFICER. IMMEDIATE FAMILY — Immediate family shall include the husband, wife, domestic partner (as defined by and registered with the California Secretary of State), mother and father of husband and wife and domestic partner, son, daughter, brother and sister of the employee, or any relative by blood or marriage or domestic partnership residing in the same household. INTERIM APPOINTMENT — Shall mean a short-term appointment made from an eligible list. LAY-OFF — Shall mean the involuntary, non -disciplinary separation of an employee from a position resulting from lack of work, lack of funds or abolishment of a position. LEAVE — Shall mean an approved type of absence from work as provided for by these rules. NORMAL WORK DAY — Shall mean operations personnel are not expected to work on projects of a non - emergency nature after 1700 hours. If an individual elects to work on a project or other administrative assignment after 1700 hours he shall do so of his own free choosing. No coercion, harassment or persuasion shall be placed on any individual either by the fire department administration or by the labor body. PAY CYCLE — Two -week period for pay purposes. 66 NCFFA Agreement July 1, 20182015 — June 30, 202024;48 175 of 271 PAY DAY — Day on which pay is given for previous pay cycle. PAY PERIOD — 28-day period for purposes of overtime. PERMANENT EMPLOYEE — Shall mean an employee who has been appointed to a permanent position. A permanent employee may be serving a probationary period. PERMANENT POSITION — Shall mean a specific office or classification, whether occupied or vacant, carrying responsibilities and calling for the performance of certain duties by one individual. This position shall be included in the Classified Service and may be either on a part-time or full-time basis. PERMANENT STATUS — Shall mean the satisfactory completion of one (1) year of probationary service and continuing permanent appointment. DIRECTOR OF PERSONNEL — Shall mean the City Manager or the person appointed by the City Manager to act as Secretary to the Civil Commission, to administer the activities of the Personnel Department and to exercise general supervision over the employment policy of the City subject to the direction of the Commission. POSITION — Shall mean any specific officer or classification whether occupied or vacant, carrying certain responsibilities and calling for the performance of certain duties by one individual, either on a part-time or full-time basis. PROBATIONARY PERIOD — Shall mean the working test period during which an employee is required to demonstrate his fitness by the actual performance of the duties and responsibilities of his position and during which time he may be terminated without right of appeal to the Civil Service Commission. PROBATIONARY STATUS — Shall mean service in a permanent position prior to completion of the prescribed period of probationary service. PROBATIONER — Shall be an employee in the Classified Service who is serving a probationary period. PROVISIONAL APPOINTMENT — Shall mean the temporary appointment of a person who possesses the minimum qualifications established for a particular class and who has been appointed to a position in the class in the absence of available eligible; any non -permanent appointment, other than seasonal, part-time or emergency appointment, which is not made from a re-employment list or an eligible list. SALARY RANGE - Shall mean one or more, but commonly five (5) specific pay rates having a percentage relationship to one another, assigned to a class of positions as the compensation for the class. SALARY RATE — Shall mean a specific dollar amount, expressed as an annual rate, a monthly rate, a semi- monthly rate, a bi-weekly rate or an hourly rate, as shown in the compensation plan of the City. SALARY STEP — Shall mean the location of a rate within a salary range, as identified by a letter of the alphabet. 67 I NCFFA Agreement July 1, 20182015 — June 30, 202024;48 176 of 271 TELESTAFF — Shall mean the department recognized staffing and payroll computer software program. TEMPORARY ASSIGNMENT — Assignment of personnel to a 40-hour workweek in a position that is not designated as a permanent 40-hour assignment. TEMPORARY EMPLOYEE — Shall mean an employee appointed to a position of a non -permanent nature on provisional basis. WORK DAY — Shall mean an eight (8) hour period as a normal work period. WORK SHIFT — Shall mean twenty-four (24) hour period as normal work. 68 I NCFFA Agreement July 1, 20182015 — June 30, 202029-1-g 177 of 271 CC/CDC-HA Agenda 5/7/2019 — Page 178 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City approving the establishment of an Engineering Grants Fund appropriation of $644,672 and corresponding revenue budget to allow for reimbursement of eligible project expenditures through the California Depaitiuent of Natural Resources Urban Greening Grant Program for the Paradise Creek Educational Park Extension Project. (Engineering/Public Works) Please scroll down to view the backup material. 178 of 271 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 7, 2019 AGENDA ITEM NO.: ITEM TITLE: Resolution of the City Council of the City of National City approving the establishment of an Engineering Grants Fund appropriation of $644,672 and corresponding revenue budget to allow for reimbursement of eligible project expenditures through the California Department of Natural Resources Urban Greening Grant Program for the Paradise Creek Educational Park Extension Project. PREPARED BY: Jose Lopez, Acting Principal Engineer DEPARTMENT: EngiflidPublic Works PHONE: 619-336-4312 APPROVED BY: EXPLANATION: See attached explanation. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Revenue Account: 296-06194-3463 Expenditure Account: 296-409-500-598-6194 (Paradise Creek Educational Park Extension) - $644,672 Local Match: Expenditure Account: 001-409-500-898-1596 (WI-TOD/Paradise Creek Park) - $155,504 $155,504 in local match will be funded through prior City Council appropriations. ENVIRONMENTAL REVIEW: CEQA Notice of Categorical Exemption was filed with County Recorder's Office on April 15, 2019. ORDINANCE: INTRODUCTION FINAL ADOPTION MIS STAFF RECOMMENDATION: Adopt Resolution approving the establishment of an Engineering Grants Fund appropriations and corresponding revenue budget for the Paradise Creek Educational Park Extension Project funded through the California Department of Natural Resources Urban Greening Grant Program. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation w/Exhibits 2. Resolution 17Q of 27 Explanation The Urban Greening Grant Program funds projects that reduce greenhouse gas emissions by transforming the built environment into parks and green spaces that are more sustainable, enjoyable; and -effective -in -creating -healthy -communities. Eligible projects use natural solutions to sequester carbon, reduce energy consumption, create more walking and biking trails, and improve air and water quality. The Grant Program is administered by the California Department of Natural Resources. The Paradise Creek Educational Park Extension project involves the expansion of Paradise Creek Educational Park located behind Kimball Elementary School with access from Hoover Avenue and W. 19th Street. Improvements include removal of existing asphalt pavement and concrete sidewalk at the northern entrance to the park on Hoover Avenue and replacement with decomposed granite and permeable pavers for storm water infiltration; installation of new trees, native vegetation and additional storm water treatment / infiltration features; construction of a community gathering area; traffic calming and pedestrian enhancements such as pedestrian curb ramps for Americans with Disabilities Act (ADA) compliance, curb extensions, a high -visibility crosswalk, and pedestrian actuated flashing crosswalk signs at the intersection of W. 181h Street and Hoover Avenue; and new bicycle facilities. On May 1, 2018, City Council adopted Resolution No. 2018-66 authorizing the filing of an application for Urban Greening Grant Program funds through the California Department of Natural Resources for National City's Paradise Creek Educational Park Extension project and authorizing the City Manager to execute the grant agreement with California Department of Natural Resources, if selected for grant award. In October 2018, staff was notified that National City had been awarded a $644,672 Urban Greening Grant for the project. The City Manager subsequently executed Grant Agreement U29148-0 in April 2019. Staff is requesting authorization to establish an Engineering Grants Fund appropriation of $644,672 and corresponding revenue budget to allow for reimbursement of eligible project expenditures through the California Department of Natural Resources Urban Greening Grant Program for the Paradise Creek Educational Park Extension Project. The required local match of $155,504 will be funded through prior City Council appropriations. 180 of 271 t1' mr1�c - r7 -r- Paradise Creek Edu a onaiI M. sark Extension I A r.. r'ir, ^r yi Imo. r •t GO - Kimbtill Etenientc1ry School' Harding Ave. Wilson Ave. Paradise Creek Park Constructed with Prop 84 Urban. Greening Gant Int: ek.l.tt$W rl t' 1ENpr ! Lrrtrrt 1-' tEIftflEStitittctrrl.nl �ti I 1111111111-119011 tti E • _ fv t t [W kt r+ Had ArikYe'• Paradise Creek Affordable Housing Phase II .jr 111 qapse-Creek Ra'rli x.i re' "'foyno tttur• ci Hording Ave, Paradise Creek Affordable Housing Wilson Ave, para-04e Greek EaG.tecufio-s.ak Park ExteviiyiArk. Project Map LEGEND T n SURROUNDING ILSFS F.:172 Residential CI Educational p Leisure FUTURE IMPROVEMENTS Limit of Work TRANSIT G7 Transit Center 4�} Bike Corridor Regional Transit Cenlei NOT TO SALE NATI°NAL CITY ,- 4 II �. April 2018 OD N 0 v I PROPOSED CONCRETE WALK ANO CURB RAMP. (TYP.I 18TH STREET -41 PROPOSED TREE. TYP SYMBOL. SEE LEGEND AT +oRri i RIGHT FOR PROPOSED SPECIES EXISTING DRIVEWAY TO ELEMENTARY SCHOOL TO REMAIN 10' WIDE BICYCLE RAMP KIMBALL ELEMENTARY SCHOOL OPEN DG GATHERING AREA — WITH COMMUNITY INVOLVEMENT CENTRAL FOCAL FEATURE ' BENCH SEATING, OTY.4 / EXISTING LIMITS OF CURB LINE LIMITS OF EXISTING WALK SHOWN WITH DASHED LINE IN EXISTING PARK • ' EXISTING PARADISE CREEK EDUCATIONAL PARK CONSTRUCTED WITH PROP 84 - URBAN GREENING GRANT FUNDS NEW HEADER WITH PROPOSED PERMEABLE PAVERS TO MATCH EXISTING MATCHLINE-S[[ AlOVE RIGHT PROPOSED WATER DUALITY BMP —Y PLANT SCHEDULE HOOVER TREES COOS BOTANICAL NAME COMMON NAME $ta. gja LIMIT OF WORK, TYP. SYMBOL — EXISTING LIMITS OF CURB LINE r BIKE. PARKING ON DG SURFACE I PROPOSED PERMEABLE PAVERS APN 560-202-01-00 PROPOSED — CONCRETE WALK AND CURB RAMP, (TYP,) EXISTING TREE, TYP. SYMBOL - B\ I' I VT' �—r_ ?i LIMITS OF EXISTING WALK. SHOWN WITH DASHED LINE. EXISTING PERMEABLE PAVER WALKWAY CONSTRUCTED WITH PROP 84- '� %P I URBAN GREENING GRANTS FUNDS • I GER EAS CERGISCANADENSIS EASTERN REOOUO MULTI.IRUNR 15 GAL ID PLA SYC PLATANuS RACEMOSA CALIFORNIA$YCAMONE LIULIFTRUNN 15 GAL 1 IIMR OR 11MRF1 I IA ARIA CAI IFORNICA CN IFORNIA1 AURIR NATIVE. SHRUB MIS GRASS PLANTINGS BIOFILTRATION—NATIVE GRASS PLANTINGS 1. I • • ;I I / /' / �� UMITS OF EXISTING WALK SHOWN WITH DASHED UNE. EXISTING PERMEABLE PAVER WALKWAY CONSTRUCTED WITH PROP • B4 - URBAN GREENING 1 GRANTFUNDS' CLN LIMITS OF EXISTING WALK SHOWN WITH DASHED UNE IN EXISTING PARK • MATCHLINE - SEE BELOW LEFT Situ Plan Paradise Creel: Educational Park Extension ]Rth Street & Hoover Avenue p mirvi. CC/CDC-HA Agenda 5/7/2019 — Page 183 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City approving the establishment of an Engineering Grants Fund appropriation of $1,151,265 and corresponding revenue budget to allow for reimbursement of eligible project expenditures through the California Department of Natural Resources Urban Greening Grant Program for the Paradise Creek Park Project. (Engineering/Public Works) Please scroll down to view the backup material. 183 of 271 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 7, 2019 AGENDA ITEM NO.: ITEM TITLE: Resolution of the City Council of the City of National City approving the establishment of an Engineering Grants Fund appropriation of $1,151,265 and corresponding revenue budget to allow for reimbursement of eligible project expenditures through the California Department of Natural Resources Urban Greening Grant Program for the Paradise Creek Park Project. PREPARED BY: Jose Lopez, Acting Principal Engineer PHONE: 619-336-4312 EXPLANATION: See attached explanation. DEPARTMENT: Engi a ng f nd Public Works APPROVED BY: • FINANCIAL STATEMENT: APPROVED -- FINANCE ACCOUNT NO. APPROVED: MIS Revenue Account: 296-06195-3463 Expenditure Account: 296-409-500-598-6195 (Paradise Creek Educational Park Phase II) - $1,151,265 Local Match: Expenditure Account: 001-409-500-898-1596 (WI-TOD/Paradise Creek Park) - $1,382,202 $1,382,202 in local match will be funded through the Site Infrastructure Agreement with Paradise Creek II Housing Partners, L.P., "Phase II Developer" for the Westside Infill Transit Oriented Development (WI-TOD) Project. ENVIRONMENTAL REVIEW: An EIR for the park site was previously prepared for the Paradise Creek Affordable Housing Development. The Project is environmentally cleared through CEQA. ORDINANCE: INTRODUCTION FINAL ADOPTION STAFF RECOMMENDATION: Adopt Resolution approving the establishment of an Engineering Grants Fund appropriations and corresponding revenue budget for the Paradise Creek Park Project funded through the California Department of Natural Resources Urban Greening Grant Program. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation w/Exhibit 2. Resolution 184 of 27 Explanation The Urban Greening Grant Program funds projects that reduce greenhouse gas emissions by transforming the built environment into parks and green spaces that are more -sustainable, enjoyable,, and -effective -in -creating -healthy -communities. Eligibie projects use natural solutions to sequester carbon, reduce energy consumption, create more walking and biking trails, and improve air and water quality. The Grant Program is administered by the California Department of Natural Resources. The Paradise Creek Park Project will develop an approximately 4-acre Community Park with decomposed granite (DG) walking paths, educational and interpretive signage, trees, native vegetation, bioretention areas for storm water treatment, community garden, playground and passive recreational areas, and other amenities on the west side of Paradise Creek between W. 22nd Street and W. 19th Street. On May 16, 2017, City Council adopted Resolution No. 2017-73 authorizing the filing of an application for Urban Greening Grant Program funds through the California Department of Natural Resources for National City's Paradise Creek Park Project and authorizing the City Manager to execute the grant agreement with California Department of Natural Resources, if selected for grant award. In November 2017, staff was notified that National City had been awarded a $1,151,265 Urban Greening Grant for the project. The City Manager subsequently executed Grant Agreement U29121-0 in July 2018. On October 16, 2018, City Council adopted Resolution No. 2018-182 awarding a contract for the construction of the Paradise Creek Park Site Remediation and Improvements Project. The Project began construction in December 2018, and will provide the site remediation, grading, and infrastructure improvements necessary to construct the new approximately 4-acre Paradise Creek Park. Staff is requesting authorization to establish an Engineering Grants Fund appropriation of $1,151,265 and corresponding revenue budget to allow for reimbursement of eligible project expenditures through the California Department of Natural Resources Urban Greening Grant Program for the Paradise Creek Park Project, The required local match of $1,382,202 will be funded through the Site Infrastructure Agreement with Paradise Creek II Housing Partners, L.P., "Phase II Developer" for the Westside Infill Transit Oriented Development (WI-TOD) Project 185 of 271 2 9ff* 186 of 271 CC/CDC-HA Agenda 5/7/2019 — Page 187 The following page(s) contain the backup material for Agenda Item: The Chief of Police entered into an 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 (R3G). We are requesting the acceptance of an additional $20,000.00 for the current R3G grant to off -set overtime cost. (Police) Please scroll down to view the backup material. 187 of 271 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: 05/07/2019 AGENDA ITEM NO.: ITEM TITLE: The Chief of Police entered into an a Memorandum of Agreement with the County of San Diego (San Diego Sheriffs Department and Probation Department) and municipal law enforcement agencies throughout the County for program support of the Regional Realignment Response Group (R3G). We are requesting the acceptance of an additional $20,000.00 for the current R3G grant to off -set overtime cost. PREPARED BY: Wade Walters, Sergeant PHONE: 619-336-4544 EXPLANATION: Refer to Attachment DEPARTMENT: Police APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. [Revenue Account Name]) - 290-11647-3463 [Expenditure Account Name]) - 290-411-647-1' *No net financial impact. Revenues off -set expenses. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION APPROVE FINANCE APPROVED: MIS (Other State Grants i Personnel $20.000.00) FINAL ADOPTION STAFF RECOMMENDATION: Approve Resolution BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Prior A200 and Staff Report 188 of 271 NATIONAL CITY POLICE DEPARTMENT STAFF REPORT DATE: April 3, .2018 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 Sheriffs 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 periodis July 1, 2017 to June 30, 2022 resulting in reimbursement of $45,000 to the City of National City. . BACKGROUND The National City Council passed and adopted the original Nlernorandum.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 agenciesthroughout the County for program support of the Regional Realignment Response Group (R3). The National City Police Department received -grant funds in the amount of $31,5.39. in.2014.from the Community Corrections Partnership (R3) to support R3 and its primary goal of public•safety. 'The National City .Council passed and adopted the original Memorandum of Agreement on September 6, 2016 (Resolution No. 2016-03) authorizing the Chief of Police to enter into a Memorandum of Agreement with the County of San Diego (San Diego Sheriffs Department and Probation. Department) and municipal law enforcement agencies throughout the County for program support of the Regional Realignment Response Group (R3). The National City Police Departrent was allocated and received grant funds in the amount of $45,000. 1200 National City..Eoulevarrf National City, eA 91950 (619) 336-4512/Fax (619) 336-4525 189 of 271 :9AL1FQt!!lA:s-e and the total expense has not been finished to support R3 and its primary goal of public safety. CURRENT AGREEMENT The Memorandum of Agreement is in effect from July 1, 2017 through June 30,_ 2022 With tie County of San Diego (San Diego Sheriffs ;Department and. Probation Dep:artment)'for:the Regional Realignment (ABI:09) "Group. As part of this agreement, the National City Police Departmentwill continue -to receive -grant funding funding in an amount to be determined but estimated at $45,000The funds shall be.used to support R3- and its: primary; goal of public safety by developing and imptemnttng targeted proactive, intelligence -based approach to control and counteract the risks associatedwith realigned. offenders and Post. Release Community`Supervision Offenders, releasediirito San Diego County, IMPACT None, Revenue to the City in the amount of $45,000. 12(10 National City Boulevard National City, CA 91950 (619) 336-4512/Fax (619) 336-4525 190 of 271 AGREEMENT FOR THE REGIONAL REALIGNMENT RESPONSE (R3) PROGRAM 1. PARTTI} S 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 BL CAJON, the CITY OF ESCONDIDO, the CITY OF LA MESA, the CITY OF NATIONAL CITY, the CITY OF OCEANSIDE, the CITY OF SAN DIEGO (collectively the "CITIES"), collectively the "PARTIES", for program support of the Regional Realignment Response (""R3",) 1.1 Party Departments or Agencies Participating in the Agreement 1.1.1 For the COUNTY, participating agencies are the Sheriffs Department ("SHERIFF") and the Probation Department ("PROBATION"). 1.1.2 For the CITIES, participating agencies are their respective police departments. The services and obligations of PARTIES and their participating agencies are set forth herein. 2. RECITALS 2.1 WHEREAS, in April 2011, Governor Edmund G. Brown, Jr. signed Assembly Bi11 (AB) 109 to help California stop the costly, ineffective, and unsafe revolving door of lower -level offenders and parole violators cycling in and out of state prisons, This legislation gives local law enforcement the right and the ability to manage offenders in smarter and cost-effective ways; and 2.2 WHEREAS, in December 2013,.COUNTY through SHERIFF implemented the Regional Realignment Response (R3) program in response to the passage of AB 109 and received funds from the State of California Local Revenue Fund 2011, Community Corrections Subaccount and continues to receive funds annually to continue the R3 Proms; and 2.3 WHEREAS, in March 2014, PARTIES executed the Agreement for the 2013 Regional Realignment Response (R3) for the initial term of December 31, 2013 through December 31, 2014; and 2.4 WHEREAS, in January 2015, PARTIES executed Amendment No.1 where Paragraph 3.1 provides that "(t)he term of this Agreement shall be December 31, 2013 and shall continue in effect through and terminate at midnight on December 31, 2015 subject to the termination provision in sections 3.2...'; and 1 191 of 271 2.5 WHEREAS, in May 2015, PARTIES executed Amendment No. 2 to increase each CITY'S allocation for personnel overtime; and 2.6 WHEREAS, in August 2015, PARTIES executed Amendment No. 3 to extend the Agreement from December 31,2015 to June 30, 2016; and 2.7 WHEREAS, in October 2016, PARTIES executed the Agreement for the 2016 Regional Realignment Response (R3) for the initial term of July 1, 2016 through December 31, 2017; and 2.8 WHEREAS, in June 2016, the COUNTY and the CITY OF EL CAJON executed Amendment No. -4 to increase the CITY'S allocation for personnel overtime; and 2.9 WHEREAS, 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, 2.10 WHEREAS, Government Code §55632 authorizes COUNTY through SHERIFF and PARTIES, to contract with SHERIFF for :provisionof joint law enforcement services. 2.10.1 WHEREAS, COUNTY has requested PARTIES assistance in performing R3 operations and will reimburse PARTIES for overtime -only expenses incurred collectively by PARTIES in R3 program operations not to exceed $1,000,000 during the term of the Agreement. 2.11 WHEREAS, PARTIES desire to enter into an agreement with provisionsconcerning the nature and extent of R3 collaboration, services rendered, and compensation. 2.12 WHEREAS, COUNTY, by action of the Board of Supervisors Minute Order No. 3 dated June 28, 2016, approved and authorized. the SHERIFr to enter into expenditure contracts related to the R3 program and to reimburse overtime expenses incurred collectively by PARTIES performing R3 program. Operations in fiscal year 2016 and subsequent years. 2.13 PARTIES agree to maintain documentation as required in paragraph 7.3 Method of Payment, supporting all expenditures reimbursed from R3 program funds, for a period of five years, with five years beginning the day after the end of the project period, e.g., ifthe 'end of the project period is June 30, 2018, five years begins July 1, 2018 and ends June 30, 2023. 2 192 of 271 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. 3. PURPOSE AND LNTENT The purpose of this Agreement is to satisfy the R31s goal of ensuring public safety in the post AB 109 environment by the continued development and implementation of a targeted, proactive, intelligence -based approach to control and counteract the risks associated with a population of offenders placed under the responsibility of the county. 4. SCOPE OF SERVICES 4.1 Method of Service Delivery SHERIFF will maintain the R3 program funding,and will be administratively. responsible for coordination of PARTIES' obligations and reimbursement to PARTIES' under this Agreement. 4.2 Overview of Basic. Services PARTIES will provide R3 operations ("Operations") in their designated areas of jurisdiction and/or m coordination with other R3 PARTIES inorder to connteract the risks associated with realigned offenders released into San Diego County. 4.2.1 Framework of Operations The Regional Realignment Response Group (R3G), consisting of designated coordinators from each PARTY, as outlined in paragraph 6.2.3, will oversee R3 Operations and will meet every six (6) months to discuss and plan Operations. 4.2.2 Regional Sub -Group Regional Sub -Groups (RSGs) are created for the Northern, Central, and Southern areas of the County. The RSOs are responsible for planning and coordinating allied or regional Operations involving two or more PARTIES. The RSGs are composed of the following: NORiiiM N: A police lieutenant from the cities of Escondido, Carlsbad, and Oceanside, a lieutenant from SHERIFF, and a supervising probation officer from PROBATION. CENTRAL; A police lieutenant from the cities of San Diego, El Cajon, and La Mesa, a lieutenant from SHERIFF, and a supervising probation officer from PROBATION. SOUTIth'RN: A police lieutenant from the cities of San Diego, National City, and Chula Vista; a lieutenant from SHERIFF, a commander from the city of Coronado, and a supervising probation officer from PROBATION. 3 193 of 271 5. TERM OF AGREEMENT 5.1 Initial Term This Agreement shall be effective July 1, 2017 and shall continue in effect through and terminate at midnight on June 30, 2022, or until terminated pursuant to sections 5.2, subject to availability of funds, and 5.3 below. 5.2 Option to. Extend COUNTY shall have the option to renew this Agreement for successive one year increments beyond June 30, 2022. Renewal or extension of the Agreement beyond June 30, 2022 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 (90) days minimum written notice to the other PARTIES. Lack of funding may also result in termination of this .agreement pursuant to section 10.13. 6. STANDARDS OF SERVICE: OBLIGATIONS OF THE PARTIES 6.1 Anticipated Outcome Theanticipated outcome ofthe R3 Operations, 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 anticipatedoutcome 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 intelligencefinfoimation 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 six (6) months with a minimum of one (1) representative from each PARTY. (c) Increase information sharing during Operations. 4 194 of 271 6.1.3 Prior to R3 Operations, an Operations Plan must be approved by the . R3designated coordinators. The Operations Plan shall be submitted by the operations coordinator via email to R3@sdsheriff.org at least seventy-two (72) hours prior to the Operation. 6.1.4 At the conclusion of each R3 Operation, participating PARTY shall complete a Daily Activity Report (DAR). The DAR will be submitted to the PARTY'S designated coordinator. 6.1.5 The designated coordinator shall email the following to R3@sdsheriff.org: (a) A completed OVERALL Operation Statistics form (b) All completed DAR forms received from personnel (c) A completed Operation Roster which includes all personnel assigned to the Operation and sign in and sign out tirnes. 6.2 Personnel Qualifications and Assignment 6.2.1 Qualifications Each PARTY shall ensure that personnel assigned to perform Operations pursuant to this Agreement meet the minimum qualification for their specific classification. 6.2.2 Management, Direction and Supervision 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 the R3 program 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 engaged in performing this Agreement. 6.2.3 Designated Coordinators SHERIFF shall select and designate a coordinator who shall manage and direct the R3 program. 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 outlined in Section 4.2, 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. 5 195 of 271 6.2.4 Staffing for Basic Services PARTIES shall ensure that adequate numbers of their qualified respective personnel are provided. to R3 program Operations 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. 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 program Operations under this agreement. 7. COST OF SERVICES/CONSIDERATION 7.1 General As full consideration for the satisfactory performance and completion by PARTIES of Operations set forth in this Agreement, COUNTY through SHERIFF shall reimburse PARTIES for personnel assigned to perform R3 program Operations on the basis of claims and submittals as set forth hereunder. Such payments by COUNTY through SHERIFF are dependent on the continued, availability of funds from the State of California Local Revenue Fund, 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 program. Operations based upon available funding and the actual costs incurred by PARTIES to provide Operations under this Agreement. 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 Sheriffs Department 0-41 Grants Unit (R3) 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, 6 196 of 271 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. 7.3.4 Each PARTY.is responsible for tracking the claims submitted by their agency to ensure their total claim does not exceed the allocation for their agency. 8. INDEMNIFICATION - WORIER,S COMPENSATION, EMPLOYMENT AND CLAIMS AND LIABILITY ISSUES 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 clammed to arise from or relate to, the status of employment(includingwithout 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, employmentwhich is brought by an employee of that respective agency or any contract labor provider retained by that respective agency, or (2) any claims, 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 whichis brought by an employee of that respective agency or any contract labor provider retained'by non -County party, or (2) any claim, 7 197 of 271 demand, suit, mother 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 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 stick 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 cotperate.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 retaiuytheir 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. 9A 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 Independent Contractor Status 10.1.1 In the performance of services under this Agreement, COUNTY and CITIES acknowledge and agree that COUNTY_ and its respective officers, agents and/or employees shall be deemed independent contractors and not officers, 8 198 of 271 agents or employees of CITIES; CITIES and their respective officers, agents and/or employees shall be deemed independent contractors and not officers, agents or employees of COUNTY. All such personnel provided by COUNTY under this Agreement are under the direct and exclusive supervision, daily direction, and control of COUNTY and COUNTY assumes full responsibility for the actions of such personnel in the performance of services hereunder; all such personnel provided by CITIES under this Agreement are under the direct and exclusive supervision, daily direction, and control of their respective agencies and each agency assumes full responsibility for the actions of such personnel in the performance of services hereunder. 10.1.2 COUNTY and CITIES acknowledge and agree that COUNTY does not control the manner and means of performing the work of CITIES' officers, agents or employees who perform R3 program Operations, nor does COUNTY have the right to hire or fire such officers, agents or employees. CITIES do not control the manner and means of performing`the work of COUNTY officers, agents or employees who perform R3 program Operations, nor do CITIES have the right to hire or fire such officers, agents or employees. 10.1.3 COUNTY has no authority of any kind to' bind CITIES, and CITIES have no authority to bind COUNTY in any respect whatsoever, nor shall COUNTY .act or attempt to act, or represent itself directly or by implication as an agent of CITIES, or in any manner assume or create or attempt to assume or create any obligation on behalf of or in the name of CITIES.. CITIES shall not act or attempt to act, or represent themselves directly or by implication; as an agent of COUNTY, or in any manner assume or create or attempt to assume or create any obligation on behalf of or in the name of COUNTY. 10.2 Notices Any notice, request, demand, or other communication required orpermitted 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 Chief Probation Officer San Diego County Sheriffs Department • Probation Department P. O. Box 939062 9444 Balboa Avenue, Ste. 500 San. Diego, CA 92193 San Diego, CA 92123 # 9 199 of 271 To non -County PARTIES: Chief of Police Carlsbad Police Department 2560 Orion Way Carlsbad, CA 92010 Chief of Police Coronado Police Department 700 Orange Avenue Coronado, CA 92118 Chief of Poliee, Escondido Police Department' 1163 North Centre City Parkway Escondido, CA 92026 Chief of Police National City Department 1200 National City Boulevard National City, CA 91950 Chief of Police San Diego Police Department 1401 Broadway San Diego, CA 92101 Chief of Police Chula Vista Police Department 315 Fourth Avenue Chula Vista, CA 91910 Chief of Police El Cajon Police Department 100 Civic Center Way ' El Cajon, CA 92020 Chief of Police La Mesa Police Department 8085 University Avenue La Mesa, CA 91942 Chief of Police Oceanside Police Department 3855 Mission Avenue Oceanside, CA 92058 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. 10.3 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. 10.4 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. 10 200 of 271 4 - 10.5 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 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. 10.6 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. 10.7 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 warrantsthat the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective PARTY. 10.8 Cooperation COUNTY through SHERIFF and non -County PARTIES will cooperate in good faith to implement this Agreement. 10.9 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. COUNTY through SHERIFF will provide each non -County PARTY with a copy of this Agreement once fully executed. 10.10 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 maybe 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. 11 201 of 271 10.11 Representation Each PARTIES' Chief, or their respective designee, shall represent their agency in all discussions pertaining to this Agreement. SHERIFF, or his or her designee, shall represent SHERIFF in all discussions pertaining to this Agreement. 10.12 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 ten (10) business days after receiving notice of the dispute to resolve the dispute. 10.13 Termination of Funding In the event that funding for reimbursement of costs related to R3 program Operations is terminated, this Agreement in its entirety shall be considered null and void and PARTIES shall no longer be required to provide R3 program Operations as described herein, In such event, COUNTY through SHERIFF shall notify all PARTIES in writing and all PARTIES shall meet immediately, and if agreed upon by the PARTIES, mutually develop and implement within a reasonable time frame, a transition plan for the provision of R3 program Operations through alternate means_ 10.14 Obligation This Agreement shall be binding upon the successors of the PARTIES. 10.15 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 approve and agree to the terms of this Agreement, such Agreement being effective July 1, 2017 and executed on this day of , 2018. COUNTY OF SAN DIEGO COUNTY OI' SAN DIEGO SHERIFFS DEPARTMENT PROBATION DEPARTMENT William D. Gore Adolfo Gonzales Sheriff Chief CARLSBAD POLICE DEPARTMENT CHIULA VISTA POLICE DEPARTMENT Neil Gallucci Roxana Kennedy Chief Chief 12 202 of 271 CORONADO POLICE DEPARTMENT Jon Froomin Chief ESCONDIDO POLICE DEPARTMENT Craig Carter Chief CITY OF EL CAJON Douglas Williford City Manager LA MESA POLICE .DEPARTMENT Walt Vasquez Chief NATIONAL CITY POLICE DEPARTMENT OCEANSIDE POLICE DEPARTMENT Manuel Rodriguez Chief SAN DIEGO POLICE DEPARTMENT David Nis1eit Chief Approvedas to form and legality: SAS' DIEGO COUNTY COUNSEL Mark Day Senior Deputy Frank McCoy Chief CITY OF SAN DIEGO Kevin Faulconer (or designee) Mayor Approved as to form; MARA W. ELLIOTT, SAN DIEGO CITY ATTORNEY By Deputy City Attorney 13 203 of 271 CC/CDC-HA Agenda 5/7/2019 — Page 204 The following page(s) contain the backup material for Agenda Item: Warrant Register #40 for the period of 03/27/19 through 04/02/19 in the amount of $1,851,893.06. (Finance) Please scroll down to view the backup material. 204 of 271 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 7, 2019 AGENDA ITEM NO.: ITEM TITLE: Warrant Register #40 for the period of 03/27/19 through 04/02/19 in the amount of $1,851,893.06. (Finance) PREPARED BY: Karla Apalategui, Accounting Assistant DEPARTMENT: Finance PHONE: 619-336-4572 EXPLANATION: APPROVED BY: Per Government Section Code 37208, attached are the warrants issued for the period o u3/27/19 through 04/02/19. Consistent with Department of Finance's practice, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation Mile of Cars Association 341575 67,392.78 FY 2019 Apportionment #4, 5 & 6 Project Professionals Corp 341594 179,130.82 Paradise Creek Park III —Project Mgr Whillock Contracting 341627 486,655.12 Paradise Creek Park Site Improvemt FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $1,851,893.06. APPROVED: FINANCE APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION STAFF RECOMMENDATION: Ratify warrants totaling $1,851,893.06 BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Warrant Register # 40 205 of 271 CALIFORNIA+�__ NATIONAL CI?? ?ATCORPQRAT8D . WARRANT REGISTER # 40 4/2/2019 PAYEE DESCRIPTION CHK NO DATE AMOUNT 24 HOUR ELEVATOR INC ELEVATOR SERVICE AND REPAIR 02/11/19 341501 4/2/19 2,191.29 ACEDO, I RETIREE HEALTH BENEFITS APR 2019 341502 4/2/19 160.00 ALPHA PROJECT FOR THE HOMELESS ALPHA PROJ FOR OUTREACH SVCS - JAN 2019 341503 4/2/19 10,000.00 ANDERSON, E RETIREE HEALTH BENEFITS APR 2019 341504 4/2/19 110.00 ASSI SECURITY INC INSTALL MAGLOCKS TO REP EXIST CRASHBARS 341505 4/2/19 2,987.00 AT&T AT&T SVCS MAR 13 THRU APR 12, 2019 341506 4/2/19 454.96 ATLAS TREE SERVICE W 21ST STREET TREE REMOVAL 341507 4/2/19 5,770.00 BEARD, L RETIREE HEALTH BENEFITS APR 2019 341508 4/2/19 70.00 BECK, L RETIREE HEALTH BENEFITS APR 2019 341509 4/2/19 140.00 BISHOP, R RETIREE HEALTH BENEFITS APR 2019 341510 4/2/19 110.00 BOB MURRAY & ASSOCIATES CLERICAL SUPPORT - CITY MANAGER 341511 4/2/19 1,621.34 BOEGLER, C RETIREE HEALTH BENEFITS APR 2019 341512 4/2/19 260.00 BULL, P RETIREE HEALTH BENEFITS APR 2019 341513 4/2/19 580.00 CAMEON, C RETIREE HEALTH BENEFITS APR 2019 341514 4/2/19 400.00 CANON SOLUTIONS AMERICA INC. PLOTWAVE 345 PRINTER MAINT MAR 2019 341515 4/2/19 55.00 CARRILLO, R RETIREE HEALTH BENEFITS APR 2019 341516 4/2/19 290.00 CITY OF NATIONAL CITY PETTY CASH REPLMT DEC 2018 - FEB 2019 341517 4/2/19 644.41 CLEAR WATER TECHNOLOGIES LLC MONTHLY WATER TREATMENT FOR MAR 2019 341518 4/2/19 1,160.00 COLE, L RETIREE HEALTH BENEFITS APR 2019 341519 4/2/19 165.00 COLLINSON, C RETIREE HEALTH BENEFITS APR 2019 341520 4/2/19 420.00 CONDON, D RETIREE HEALTH BENEFITS APR 2019 341521 4/2/19 280.00 CORDERO, E RETIREE HEALTH BENEFITS APR 2019 341522 4/2/19 520.00 CORPUZ, T RETIREE HEALTH BENEFITS APR 2019 341523 4/2/19 140.00 COUNTY OF SAN DIEGO CNTY OF SD SHARE PRKG CIT REV JAN 2019 341524 4/2/19 10,860.00 COUNTY OF SAN DIEGO CNTY OF SD SHARE PRKG CIT REV DEC 2018 341525 4/2/19 7,646.50 COUNTYWIDE MECHANICAL SYSTEMS PREVENTATIVE MAINTENANCE - DEC 2018 341526 4/2/19 42,603.00 COX COMMUNICATIONS COX TV SVC MAR 21 THRU APR 20, 2019 341527 4/2/19 174.00 DANESHFAR, Z RETIREE HEALTH BENEFITS APR 2019 341528 4/2/19 250.00 DESROCHERS, P RETIREE HEALTH BENEFITS APR 2019 341529 4/2/19 110.00 DI CERCHIO, A RETIREE HEALTH BENEFITS APR 2019 341530 4/2/19 70.00 DIAZ, M RETIREE HEALTH BENEFITS APR 2019 341531 4/2/19 680.00 DILLARD, S RETIREE HEALTH BENEFITS APR 2019 341532 4/2/19 480.00 DISCOUNT SCHOOL SUPPLY TINY TOTS CLASSROOM SUPPLIES - COMM SVCS 341533 4/2/19 496.24 DREDGE, J RETIREE HEALTH BENEFITS APR 2019 341534 4/2/19 250.00 EISER III, G RETIREE HEALTH BENEFITS APR 2019 341535 4/2/19 250.00 ENSAFE INC NATLCT REMEDIATION PARADISE PH3-CA 341536 4/2/19 35,095.84 ETZLER, J RETIREE HEALTH BENEFITS APR 2019 341537 4/2/19 460.00 EXOS COMMUNITY SERVICES LLC SERVICES AND MGMT FEES FOR DEC 2018 341538 4/2/19 41,179.62 FABINSKI, D RETIREE HEALTH BENEFITS APR 2019 341539 4/2/19 220.00 FERGUSON ENTERPRISES 1350 MOP 45723 PLUMBING SUPPLIES - PW 341540 4/2/19 617.03 FERNANDEZ, R RETIREE HEALTH BENEFITS APR 2019 341541 4/2/19 270.00 FIFIELD, K RETIREE HEALTH BENEFITS APR 2019 341542 4/2/19 540.00 GAFFNEY, M RETIREE HEALTH BENEFITS APR 2019 341543 4/2/19 700.00 GARCIA, MARISA REFUND OF VIOLATION DISMISSED 341544 4/2/19 60.00 GAUT, A RETIREE HEALTH BENEFITS APR 2019 341545 4/2/19 700.00 GELSKEY, K RETIREE HEALTH BENEFITS APR 2019 341546 4/2/19 115.00 GEOSYNTEC CONSULTANTS INC 835 BAY MARINA CLOSURE FEB 2019 341547 4/2/19 1,577.50 1/3 206 of 271 CALIFORNIA F__ NATIONAL CI?? ?ATCORPQRAT8D . WARRANT REGISTER # 40 4/2/2019 PAYEE DESCRIPTION CHK NO DATE AMOUNT GIBBS JR, R RETIREE HEALTH BENEFITS APR 2019 341548 4/2/19 120.00 GONZALES, M RETIREE HEALTH BENEFITS APR 2019 341549 4/2/19 480.00 GRAINGER MOP 65179 GENERAL SUPPLIES - PW 341550 4/2/19 783.83 HANSON, E RETIREE HEALTH BENEFITS APR 2019 341551 4/2/19 135.00 HARLAN, M RETIREE HEALTH BENEFITS APR 2019 341552 4/2/19 500.00 HAUG, S RETIREE HEALTH BENEFITS APR 2019 341553 4/2/19 120.00 HERNANDEZ, M RETIREE HEALTH BENEFITS APR 2019 341554 4/2/19 600.00 HERNANDEZ, R RETIREE HEALTH BENEFITS APR 2019 341555 4/2/19 400.00 HINDERLITER DE LLAMAS CONTRACT SVCS - SALES TAX 1ST QUARTER 341556 4/2/19 6,120.64 HODGES, B RETIREE HEALTH BENEFITS APR 2019 341557 4/2/19 200.00 HOME DEPOT CREDIT SERVICES MAINTENANCE SUPPLIES FOR PW 341558 4/2/19 723.11 IBARRA, J RETIREE HEALTH BENEFITS APR 2019 341559 4/2/19 780.00 JAMES, R RETIREE HEALTH BENEFITS APR 2019 341560 4/2/19 140.00 JUNIEL, R RETIREE HEALTH BENEFITS APR 2019 341561 4/2/19 50.00 KIMBLE, R RETIREE HEALTH BENEFITS APR 2019 341562 4/2/19 300.00 KLOS, K RETIREE HEALTH BENEFITS APR 2019 341563 4/2/19 480.00 LANDA, A RETIREE HEALTH BENEFITS APR 2019 341564 4/2/19 155.00 LASER SAVER INC MOP 45725 TONER CARTRIDGES - CITY CLERK 341565 4/2/19 190.20 LEACH, D RETIREE HEALTH BENEFITS APR 2019 341566 4/2/19 600.00 LIMFUECO, M RETIREE HEALTH BENEFITS APR 2019 341567 4/2/19 160.00 MASON'S SAW MOP 45729 LANDSCAPE SUPPLIES - PW 341568 4/2/19 321.87 MATIENZO, M RETIREE HEALTH BENEFITS APR 2019 341569 4/2/19 100.00 MC CABE, T RETIREE HEALTH BENEFITS APR 2019 341570 4/2/19 280.00 MCDANIEL, P RETIREE HEALTH BENEFITS APR 2019 341571 4/2/19 290.00 MEDINA, R RETIREE HEALTH BENEFITS APR 2019 341572 4/2/19 105.00 MENDOZA, G RETIREE HEALTH BENEFITS APR 2019 341573 4/2/19 290.00 MEYERS NAVE LABOR RELATIONS AND NEG SVCS MAR 19, 2019 341574 4/2/19 20,079.26 MILE OF CARS ASSOCIATION FY 2019 APPORTIONMENT NUMBER 4, 5 & 6 341575 4/2/19 67,392.78 MINER, D RETIREE HEALTH BENEFITS APR 2019 341576 4/2/19 580.00 MORRISON, R RETIREE HEALTH BENEFITS APR 2019 341577 4/2/19 520.00 NAPA AUTO PARTS MOP 45735 EQUIPMENT PARTS - PW 341578 4/2/19 73.15 NATIONAL CITY CAR WASH MOP 42454 CAR WASH SVCS FEB 2019 - PW 341579 4/2/19 160.00 NATIONAL CITY TROPHY MOP 66556 OFFICE SUPPLIES - PW 341580 4/2/19 256.43 NOTEWARE, D RETIREE HEALTH BENEFITS APR 2019 341581 4/2/19 120.00 NV5 INC SEWER MP REVIEW AND CAPITAL IMP PROGRAM 341582 4/2/19 525.00 OFFICE SOLUTIONS BUSINESS FURNITURE FOR CASA DE SALUD - COMM SVCS 341583 4/2/19 2,671.99 OFFICE TEAM TEMP SERVICES WEEK ENDING 3/15/19 - CMO 341584 4/2/19 1,872.00 OLIVARES, G RETIREE HEALTH BENEFITS APR 2019 341585 4/2/19 280.00 OLIVERIA, H RETIREE HEALTH BENEFITS APR 2019 341586 4/2/19 360.00 O'REILLY AUTO PARTS MOP 75877 AUTO SUPPLIES - PW 341587 4/2/19 167.85 PAUU JR, P RETIREE HEALTH BENEFITS APR 2019 341588 4/2/19 340.00 PEASE JR, D RETIREE HEALTH BENEFITS APR 2019 341589 4/2/19 140.00 PERRY FORD R&M CITY VEHICLE - BRAKE CONTROLLER 341590 4/2/19 125.00 PETERS, S RETIREE HEALTH BENEFITS APR 2019 341591 4/2/19 290.00 PORTILLO CONCRETE INC ALLEY SEWER REPAIRS MAR 2019 341592 4/2/19 28,800.65 POST, R RETIREE HEALTH BENEFITS APR 2019 341593 4/2/19 280.00 PROJECT PROFESSIONALS CORP PARADISE CREEK PARK III - PROJECT MGR 341594 4/2/19 179,130.82 2/3 207 of 271 CALIFORNIAF__ PAYEE PRO -TECH INDUSTRIES PRUDENTIAL OVERALL SUPPLY RANDALL LAMB ASSOCIATES INC RAY, S REYES, MARIA DEL CARMEN ROARK, L RUIZ, J SAM'S ALIGNMENT SANCHEZ, L SCST INC SDG&E SERVATIUS, J SHORT, C SITEONE LANDSCAPE SUPPLY LLC SKILLPATH SEMINARS SMITH, J SOUTHERN CALIF TRUCK STOP SOUTHWEST SIGNAL SERVICE STAPLES BUSINESS ADVANTAGE STEWART, W STRASEN, W SUPERIOR READY MIX CONCRETE LP SWEETWATER AUTHORITY THE ABBEY CATERING THE SHERWIN WILLIAMS CO TIPTON, B UNITED ROTARY BRUSH CORP VERRY, L VILLAGOMEZ, J VULCAN MATERIALS COMPANY WESTFLEX INDUSTRIAL WETMORES WHILLOCK CONTRACTING WHITE, J WILLY'S ELECTRONIC SUPPLY Z A P MANUFACTURING INC SECTION 8 HAPS NATIONAL CI?? ?ATCORPQRAT813 . WARRANT REGISTER # 40 4/2/2019 DESCRIPTION 9470 RUBBERIZED COATING 200Z CAN MOP 45742 LAUNDRY SERVICES - PW ECM COMMISSIONING JAN 14, THRU FEB 10, 2019 RETIREE HEALTH BENEFITS APR 2019 REFUND FOR OVERPAYMENT CITATION RETIREE HEALTH BENEFITS APR 2019 RETIREE HEALTH BENEFITS APR 2019 WHEEL ALIGNMENT SERVICE RETIREE HEALTH BENEFITS APR 2019 CITYWIDE TRAFFIC SIGNAL & ADA IMPROV T&I GAS AND ELECTRIC UTILITIES - PW RETIREE HEALTH BENEFITS APR 2019 RETIREE HEALTH BENEFITS APR 2019 MOP 69277 LANDSCAPE SUPPLIES - PW OVERWHELMED SEMINAR MAY 03, 2019 RETIREE HEALTH BENEFITS APR 2019 MOP 45758 GENERAL AUTO SUPPLIES - PW MONTHLY MAINTENANCE - FEBRUARY 2019 MOP 45704 OFFICE SUPPLIES - FINANCE RETIREE HEALTH BENEFITS APR 2019 RETIREE HEALTH BENEFITS APR 2019 CLASS II BASE FEB 19, 2019 FACILITIES DIVISION WATER UTILITIES EMPLOYEE BREAKFAST CATERING 02/26/19 MOP 77816 PAINT SUPPLIES - PW RETIREE HEALTH BENEFITS APR 2019 STREET SWEEPER REPAIRS AND MAINT RETIREE HEALTH BENEFITS APR 2019 RETIREE HEALTH BENEFITS APR 2019 ENVIRONMENTAL FEE - AGG & ASPHALT MOP 63850 GENERAL SUPPLIES - PW MOP 80331 AUTO SUPPLIES - PW PARADISE CREEK PARK SITE IMPROVEMENT RETIREE HEALTH BENEFITS APR 2019 MOP 45763 ELECTRONIC SUPPLIES - MIS GREEN EC FILM - WHITE H I P / PW Start Date 3/27/2019 End Date 4/1/2019 CHK NO DATE AMOUNT 341595 4/2/19 269.58 341596 4/2/19 460.09 341597 4/2/19 7,510.00 341598 4/2/19 190.00 341599 4/2/19 35.00 341600 4/2/19 135.00 341601 4/2/19 310.00 341602 4/2/19 40.00 341603 4/2/19 330.00 341604 4/2/19 456.50 341605 4/2/19 27,151.92 341606 4/2/19 340.00 341607 4/2/19 300.00 341608 4/2/19 23.17 341609 4/2/19 199.00 341610 4/2/19 320.00 341611 4/2/19 113.32 341612 4/2/19 28,100.04 341613 4/2/19 1,553.54 341614 4/2/19 200.00 341615 4/2/19 135.00 341616 4/2/19 639.44 341617 4/2/19 6,104.72 341618 4/2/19 598.13 341619 4/2/19 40.49 341620 4/2/19 250.00 341621 4/2/19 305.22 341622 4/2/19 280.00 341623 4/2/19 480.00 341624 4/2/19 386.72 341625 4/2/19 93.16 341626 4/2/19 43.39 341627 4/2/19 486,655.12 341628 4/2/19 230.00 341629 4/2/19 740.13 341630 4/2/19 1,114.88 A/P Total 1,058,656.87 793,236.19 GRAND TOTAL $ 1,851,893.06 3/3 208 of 271 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 ROBERTS, FINANCE STEPHEN MANGANIELLO, ACTING CITY MANAGER FINANCE COMMITTEE ALEJANDRA SOTELO-SOLIS, MAYOR -CHAIRWOMAN RONALD J. MORRISON, VICE -MAYOR MONA RIOS, COUNCIL MEMBER JERRY CANO, COUNCIL MEMBER GONZALO QUINTERO, COUNCIL MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 71h OF MAY, 2019. AYES NAYS ABSENT 209 of 271 CC/CDC-HA Agenda 5/7/2019 — Page 210 The following page(s) contain the backup material for Agenda Item: Warrant Register #41 for the period of 04/03/19 through 04/09/19 in the amount of $1,343,219.94. (Finance) Please scroll down to view the backup material. 210 of 271 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 7, 2019 AGENDA ITEM NO.: ITEM TITLE: Warrant Register #41 for the period of 04/03/19 through 04/09/19 in the amount of $1,343,219.94. (Finance) PREPARED BY: Karla Apalategui, Accounting Assistant DEPARTMENT: Finance PHONE: 619-336-4572 APPROVED BY: EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period o 04/03/19 through 04/09/19. Consistent with Department of Finance's practice, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation Folsom Lake Ford 341631 117,061.88 2019 Ford Explorer / Police FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $1,343,219.94. APPROVED: FINANCE APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION STAFF RECOMMENDATION: Ratify warrants totaling $1,343,219.94 BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Warrant Register # 41 211 of 271 PAYEE FOLSOM LAKE FORD GROSSMAN PSYCHOLOGICAL RELY ENVIRONMENTAL ACEVEDO, M AETNA BEHAVIORAL HEALTH ALPHA PROJECT FOR THE HOMELESS ANDREWS, J AT&T BOOT WORLD CALIFORNIA ELECTRIC SUPPLY CALIFORNIA PUBLIC CLF WAREHOUSE INC CONCENTRA MEDICAL CENTERS COUNTY OF SAN DIEGO COX COMMUNICATIONS CROWDER SUPPLY CO INC CYNTHIA TITGEN CONSULTING INC DANIELS TIRE SERVICE DEPARTMENT OF MOTOR VEHICLES D-MAX ENGINEERING FIELDS, M GRAINGER HANSEN, D LEFORT'S SMALL ENGINE REPAIR LIFETIME PRODUCTS INC LOZANO, M MENDOZA III, S NATIONAL CITY TROPHY O'REILLY AUTO PARTS PACIFIC TELEMANAGEMENT SERVICE PARTS AUTHORITY METRO LLC PRUDENTIAL OVERALL SUPPLY RED TRUCK FIRE & SAFETY CO RIVERSIDE COUNTY SHERIFF DEPT SAINZ, J SAN DIEGO COUNTY ASSESSOR SAN DIEGO MIRAMAR COLLEGE SAN DIEGO MIRAMAR COLLEGE SDG&E SHARP ELECTRONICS CORPORATION SHOEMAKER, M SILVA, L SITEONE LANDSCAPE SUPPLY LLC SOUTHERN CALIF TRUCK STOP STAPLES BUSINESS ADVANTAGE SUPERIOR READY MIX -e CALIFORNIA -- NATIONAL Ctry a 5 '5 1 INCORPORATED WARRANT REGISTER # 41 4/9/2019 DESCRIPTION 2019 FORD EXPLORER / POLICE EVALUATIONS - PD HAZARDOUS WASTE - ENG/PW TRAINING ADV LDG TC INTR/ ACEVEDO EMPLOYEE ASSISTANCE PROGRAM - APRIL ALPHA PROJECT OUTREACH SVS/ NSD TRAINING ADV LDG TC INV INTR/ANDREWS AT&T SBC ANNUAL PHONE SERVICE / FEB MOP 64096 SAFETY WEARING APPAREL - PW MOP 45698 GENERAL AUTO SUPPLIES - PW CPPA MEMBERSHIP / NSD MOP 80331 AUTO SUPPLIES - PW DOT EXAM / HR NEXTGEN REGIONAL COMMUNICATIONS SYSTEM COX DATA VIDEO SERVICES - APRIL COBRA COMBINATION BREAKER / PW WORKERS' COMPENSATION CONSULTING - MARCH 11 R225/TIRES MARATHON RSA TL / PW DMV VEHICLE CODE BOOKS/ NSD T&A#90282 SDG&E 49-16 REIMB - PURCHASED SUPPLIES FOR OFFICE MOP 65179 GENERAL SUPPLIES - PW REIMB: DAN HANSEN DISPATCH MOP / PD MOP 80702 EQUIPMENT SUPPLIES - PW CHAIR AND CART SET FOR CAMACHO TRAINING ADV LDG TC INV / LOZANO MEDIC FEE REIMBURSEMENT MOP 66556 OFFICE SUPPLIES - PW MOP 75877 AUTO SUPPLIES - PW PACIFIC TELEMANAGEMENT SERVICES - APRIL MOP 75943 AUTO SUPPLIES - PW MOP 45742 LAUNDRY SERVICES - PW CITYWIDE, ON -SITE FIRE EXTINGUISHER SVCS TRAINING TUITION DISPATCH/ JONES / PD PARKING REIMBURSEMENT COUNTY RECORDS / NSD TRAINING TUITION ROT 2 STUDENTS / PD TRAINING TUITION ROT / 2 STUDENTS /PD GAS AND ELECTRIC UTILITIES - PW MAINTENANCE 20 SHARP COPIERS FOR MARCH MEDIC FEE REIMBURSEMENT MEDIC FEE REIMBURSEMENT MOP 69277 LANDSCAPE SUPPLIES - PW MOP 45758 GENERAL AUTO SUPPLIES - PW MOP 45704. OFFICE SUPPLIES / MAYOR'S OFFICE COLD MIX ASPHALTS & TACK OIL 1 PW CHK NO DATE AMOUNT 341631 4/9/19 117,061.88 341632 4/9/19 4,550.00 341633 4/9/19 25,026.65 341634 4/9/19 842.08 341635 4/9/19 1,081.16 341636 4/9/19 16,561.64 341638 4/9/19 660.40 341639 4/9/19 2,286.60 341640 4/9/19 242.43 341641 4/9/19 1,113.06 341642 4/9/19 135.00 341643 4/9/19 621.79 341644 4/9/19 96.00 341645 4/9/19 8,686.06 341646 4/9/19 129.95 341647 4/9/19 5,400.00 341648 4/9/19 1,696.25 341649 4/9/19 3,600.82 341650 4/9/19 76.77 341651 4/9/19 2,014.90 341652 4/9/19 471.30 341653 4/9/19 1,042.56 341654 4/9/19 230.81 341655 4/9/19 816.35 341656 4/9/19 1,413.74 341657 4/9/19 660.40 341658 4/9/19 102.50 341659 4/9/19 40.78 341660 4/9/19 84.08 341661 4/9/19 78.00 341662 4/9/19 162.72 341663 4/9/19 451.50 341664 4/9/19 15,684.75 341665 4/9/19 29.00 341666 4/9/19 40.00 341667 4/9/19 31.15 341668 4/9/19 46.00 341669 4/9/19 46.00 341670 4/9/19 28,424.95 341671 4/9/19 2,005.65 341672 4/9/19 102.50 341673 4/9/19 102.51 341674 4/9/19 370.78 341675 4/9/19 155.83 341676 4/9/19 200.11 341677 4/9/19 275.30 1/2 212 of 271 PAYEE SWEETWATER AUTHORITY THE STAR NEWS TOPECO PRODUCTS U S BANK UNDERGROUND SERVICE ALERT VARIDESK LLC VERIZON WIRELESS WETMORES WILLY'S ELECTRONIC SUPPLY PAYROLL Pay period Start Date 8 3/26/2019 -e CALIFORNIA -- NATIONAL Cfry a 5 '5 1 INCORPORATED WARRANT REGISTER # 41 4/9/2019 DESCRIPTION WATER SERVICES FOR FACILITIES FY 2019 AD FOR TNT AUCTION / FINANCE MOP 63849 EQUIPMENT SUPPLIES — PW MONTHLY CREDIT CARD STATEMENT - MARCH UNDERGROUND SERVICE ALERT FOR FY 2019 SIT STAND DESKS FOR ADMIN VERIZON CELLULAR SERVICES FOR MARCH MOP 80333 AUTO SUPPLIES - PW MOP 45763 ELECTRIC SUPPLIES - PW End Date 4/8/2019 Check Date 4/17/2019 CHK NO DATE AMOUNT 341678 4/9/19 48.05 341679 4/9/19 51.25 341680 4/9/19 47.10 341681 4/9/19 1,251.66 341682 4/9/19 244.30 341683 4/9/19 6,366.77 341684 4/9/19 12,845.10 341685 4/9/19 72.88 341686 4/9/19 137.83 A/P Total 266,017.65 1,077,202.29 GRAND TOTAL $1,343,219.94 2/2 213 of 271 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 ROBERTS, FINANCE STEPHEN MANGANIELLO, ACTING CITY MANAGER FINANCE COMMITTEE ALEJANDRA SOTELO-SOLIS, MAYOR -CHAIRWOMAN RONALD J. MORRISON, VICE -MAYOR MONA RIOS, COUNCIL MEMBER JERRY CANO, COUNCIL MEMBER GONZALO QUINTERO, COUNCIL MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 71h OF MAY, 2019. AYES NAYS ABSENT 214 of 271 CC/CDC-HA Agenda 5/7/2019 — Page 215 The following page(s) contain the backup material for Agenda Item: Public Hearing and Adoption of an Ordinance of the City Council of the City of National City amending the National City Municipal Code by amending Chapter 9.06 (Food vending), Chapter 10.22 (Sales activity and solicitation from or affecting vehicles, traffic, public property and areas, and commercial parking areas), Chapter 10.52 (Regulations for the use of municipal parks, playgrounds and golf courses), and adding Chapter 13.30 regarding vending on City sidewalks and pedestrian pathways. (Applicant: City -Initiated Amendment) (Case File 2018-26 A) (Planning) Please scroll down to view the backup material. 215 of 271 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 7, 2019 AGENDA ITEM NO. ITEM TITLE: Public Hearing and Adoption of an Ordinance of the City Council of the City of National City amending the National City Municipal Code by amending Chapter 9.06 (Food vending), Chapter 10.22 (Sales activity and solicitation from or affecting vehicles, traffic, public property and areas, and commercial parking areas), Chapter 10.52 (Regulations for the use of municipal parks, playgrounds and golf courses), and adding Chapter 13.30 regarding vending on City sidewalks and pedestrian pathways. (Applicant: City -Initiated Amendment) (Case File 2018-26 A) PREPARED BY: Martin Reeder, AICP PHONE: 619-336-4313 EXPLANATION: At the City Council meeting of April 16, 2019, City Council introduced an Ordinance regulating vending on City sidewalks and pedestrian pathways. There were questions on permitting and operation of vending carts, which will be addressed during the implementation phase of the permit creation process (e.g., permit display, identification requirements, and hold harmless agreements). Another question was raised related to restricting certain products for sale near traditional commercial businesses that sell the same product, Based on additional research this would not be appropriate to regulate. In addition, no other San Diego County jurisdictions have such language in their street vending ordinances. Finally, a typographical error was identified in the fines section of the new Code section, which has since been remedied. No other changes have been made. DEPARTMENT: Pla APPROVED BY: The attached Ordinance needs to be adopted in order to complete the amendment process. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: Not a project per California Environmental Quality Act (CEQA) ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Ordinance regulating vending on City sidewalks and pedestrian pathways. BOARD / COMMISSION RECOMMENDATION: n/a ATTACHMENTS: 1. Ordinance 216 of 2711 CC/CDC-HA Agenda 5/7/2019 — Page 217 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City initiating proceedings for the levy and collection of assessments for Landscape Maintenance District No. 1 (Mile of Cars) for Fiscal Year 2019/20. (Planning) Please scroll down to view the backup material. 217 of 271 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 7, 2019 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City initiating proceedings for the levy and collection of assessments for Landscape Maintenance District No. 1 (Mile of Cars) for Fiscal Year 2019/20. PREPARED BY: Raymond Pe, Principal Planner DEPARTMENT: PHONE: 336-4421 APPROVED BY: EXPLANATION: The City formed the Mile of Cars Landscape Maintenance District No. 1 in 1995 to provide for the maintenance, operations, and servicing of certain improvements in the District, including landscaping, signage, and lighting. Each year, the City Council considers the adoption of resolutions to allow the District to continue operating with funding through a special tax levy on properties within the District. The resolution would initiate proceedings for the District for Fiscal Year 2019/20. The Mile of Cars Association has approved the scope of work, the proposed assessment, and the District budget based on the Engineer's Report, an annual report that identifies the assessment to be levied and the work program to be conducted by the Mile of Cars Landscape Maintenance District. There are no changes or additions to the maintained improvements for the coming fiscal year. The proposed total assessment of $151,223.17 is an increase of approximately 2.32 percent above the prior year total assessment. The City's consultant and City administrative costs are paid from the District's assessment funds. FINANCIAL STATEMENT: Not applicable. ACCOUNT NO. APPROVED: APPROVED: Finance MIS ENVIRONMENTAL REVIEW: This action is not subject to the California Environmental Quality Act since it is not a project as defined in the California Code of Regulations, Section 15378. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution to initiate proceedings. BOARD / COMMISSION RECOMMENDATION: Not applicable. ATTACHMENTS: 1. Resolution. 91Rnf971 CC/CDC-HA Agenda 5/7/2019 — Page 219 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City approving the Engineer's Report for Landscape Maintenance District No. 1 (Mile of Cars) for Fiscal Year 2019/20. (Planning) Please scroll down to view the backup material. 219 of 271 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 7, 2019 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City approving the Engineer's Report for Landscape Maintenance District No. 1 (Mile of Cars) for Fiscal Year 2019/20. PREPARED BY: Raymond Pe, Principal Planner _/ DEPARTMENT: Pia PHONE: 336-4421 !� APPROVED BY: EXPLANATION: The City formed the Mile of Cars Landscape Maintenance District No. 1 in 1995 to provide for the maintenance, operations, and servicing of certain improvements in the District, including landscaping, signage, and lighting. Each year, the City Council considers the adoption of resolutions to allow the District to continue operating with funding through a special tax levy on properties within the District. The resolution would approve the Engineer's Report, an annual report that identifies the assessment to be levied and the work program to be conducted by the Mile of Cars Landscape Maintenance District. The Mile of Cars Association has approved the scope of work, the proposed assessment, and the District budget. There are no changes or additions to the maintained improvements for the coming fiscal year. The proposed total assessment of $151,223.17 is an increase of approximately 2.32 percent above the prior year total assessment. The City's consultant and City administrative costs are paid from the District's assessment funds. FINANCIAL STATEMENT: Not applicable. ACCOUNT NO. APPROVED: APPROVED: Finance MIS ENVIRONMENTAL REVIEW: This action is not subject to the California Environmental Quality Act since it is not a project as defined in the California Code of Regulations, Section 15378. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution approving the Engineer's Report. BOARD / COMMISSION RECOMMENDATION: Not applicable. ATTACHMENTS: 1. Resolution. 2. Engineer's Report. 220 of 271 CITY OF NATIONAL CITY Fiscal Year 2019/20 Engineer's Report For: Landscape Maintenance District No. 1 (Mile of Cars) May 2019 Prepared by: ThNBS helping communities fund tomorrow nbsgov.com 1 Corporate Headquarters 32605 Temecula Parkway, Suite 100 Temecula, CA 92592 Toll free. CITY OF NATIONAL CITY LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MILE OF CARS) 1243 National City Boulevard National City, CA 91950 Phone - (619) 336-4241 Fax - (619) 336-4239 CITY COUNCIL Alejandra Sotelo-Solis, Mayor Ron Morrison, Vice Mayor Jerry Cano, Councilmember Gonzalo Quintero, Councilmember Mona Rios, Councilmember CITY STAFF Stephen Manganiello, Acting City Manager Brad Raulston, Deputy City Manager Raymond Pe, Principal Planner DISTRICT STAFF Leslie Larranaga-Britt, Executive Director NBS Pablo Perez, Project Director John Egan, Assessment Engineer Manuel R. Kauss, Financial & GIS Analyst 2 222 of 271 TABLE OF CONTENTS 1. Engineer's Letter 1 2. Overview 2 2.1 Introduction 2 2.2 Description of the District Boundaries 2 2.3 Description of Improvements 2 2.4 Description of Maintenance 3 3. Estimate of Costs 4 3.1 District Budget 4 3.2 Reserves 4 4. Assessment Diagram 6 5. Assessments 7 5.1 Method of Apportionment 7 5.2 Maximum Annual Assessment Rates 11 5.3 Assessment Roll 12 3 223 of 271 1. ENGINEER'S LETTER WHEREAS, the City Council of the City of National City (the "City"), State of California, directed NBS to prepare and file a report presenting plans and specifications describing the general nature, location and extent of the improvements to be maintained, an estimate of the costs of the maintenance, operations and servicing of the improvements for the City's Landscape Maintenance District No. 1 (Mile of Cars) (the "District") for Fiscal Year 2019/20. The report includes a diagram for the District, showing the area and properties proposed to be assessed, an assessment of the estimated costs of the maintenance, operations and servicing the improvements, and the net amount upon all assessable lots and/or parcels within the District in proportion to the special benefit received and WHEREAS, the assessment for each parcel is in compliance with the Proposition 218 Omnibus Implementation Act and Section 4 of Article XIII D of the California Constitution. The Fiscal Year 2019/20 assessment is not proposed to increase by more than the 10% annual increase approved at formation of the District over the Fiscal Year 2018/19 maximum assessment. NOW THEREFORE, only special benefits are assessed and any general benefits have been separated from the special benefits for purposes of this report. The following assessment is made to cover the portion of the estimated costs of maintenance, operation and servicing of said improvements to be paid by the assessable real property within the District in proportion to the special benefit received: Summary of Assessment Annual Budget Fiscal Year 2019/20 Amounts $165,130.40 (Less) General Benefit Contribution by City (13,907.23) (Less) Rounding Adjustment(') (0.41) Annual Assessment $151,222.76 (1) Adjustment made to select parcels since amounts placed on the tax roll must be rounded down to even cents. I, the undersigned, respectfully submit the enclosed Engineer's Report and, to the best of my knowledge, information and belief, the assessments herein have been prepared and computed in accordance with the assessment methodology adopted and approved by the City Council at the time of District formation. TNBS City of National City Landscape Maintenance District No, 1 (Mile of Cars) 4 John Egg, Asse'ssment Engineer 224 of 271 2. OVERVIEW 2.1 Introduction The City formed the District in 1995 to provide maintenance services to benefit certain parcels in the City. The levies are made pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highway Code (the "Act"). The City designated the Mile of Cars Association as the entity that maintains and administers the improvements and services funded by the District. The Engineer's Report (the "Report") describes the District and the annual assessment per parcel for Fiscal Year 2019/20, which is based on the historical and estimated costs to maintain the improvements and provide the services that benefit parcels within the District. The word "parcel," for the purposes of this Report, refers to an individual property assigned its own Assessor's Parcel Number by the San Diego County Assessor's Office. The San Diego County Auditor - Controller uses Assessor's Parcel Numbers and specific Fund Numbers to identify on the tax roll, properties assessed for special district benefit assessments. Following consideration of public comments at a noticed public hearing, and following review of the Report, the City Council may confirm the Report as submitted, and may order the levy and collection of assessments for Fiscal Year 2019/20. If approved, the assessment information shall be submitted to the County Auditor -Controller, and included on the property tax roll for each benefiting parcel for Fiscal Year 2019/20. 2.2 Description of the District Boundaries The District's improvements are generally located along National City Boulevard and bounded by 18th Street to the north and 33rd Street and State Route 54 (SR 54) to the south. 2.3 Description of Improvements A general description of the improvements to be maintained under these proceedings is described as follows, but, shall not be limited to: 1. Median Improvements Landscape planting and irrigation Colored concrete hardscape Lighting system Graphic panels, banners and signage Painted crosswalks Identification sign at 23rd Street and McKinley Avenue N BS City of National City Landscape Maintenance District No. 1 (Mile of Cars) 5 225 of 271 2. Frontage Improvements Improvements to parkways on both sides of National City Boulevard between 18th Street and 33rd Street y Landscape planting and irrigation y Colored concrete sidewalks and mow curbs y Street furniture 2.4 Description of Maintenance The maintenance of the improvements shall include the furnishing of services and materials for the ordinary and usual maintenance and servicing of the improvements, including but shall not be limited to: 1. General Plant Maintenance y Mowing, trimming, pruning and weeding y Watering, including water usage y Fertilizing y Plant replacement y Periodic skinning of palm trees 2. Maintenance of Irrigation System Adjustment of timers Repair/replacement of worn-out, stolen or malfunctioning equipment 3. Periodic restriping of decorative crosswalks 4. Periodic repainting of metal benches and trash receptacles 5. Periodic repainting and repair of light poles, graphic panels, signage and other miscellaneous equipment 6. Maintenance of electrical system y Bulb replacement y Repair/replacement of worn out or malfunctioning equipment y Electrical energy charges 7. Litter removal 8. Trash pick-up 9. Other repairs of damage caused by vandalism and/or traffic accidents N BS City of National City Landscape Maintenance District No. 1 (Mile of Cars) 6 226 of 271 3. ESTIMATE OF COSTS 3.1 District Budget The cost of servicing, maintaining, repairing and replacing the improvements as described in the Description of Maintenance are summarized in the table below. Estimated expenditures are shown along with the incidental expenses to be funded by the District. The following table summarizes the components that make up the Fiscal Year 2019/20 estimate of costs for the District: Description Median Frontage Improvements Improvements Total Maintenance Costs 1. Lawn planting care 2. Median planting care 3. Palm tree maintenance 4. Water usage 5. Refurbishment of graphic panels 6. General maintenance of electrical system/lights 7. Electrical usage 8. Refurbishment of decorative crosswalks 9. Reserves Total Cost of Annual Maintenance: Incidental Expenses A. Administration B. Other contractual obligationsili C. Engineering D City expenses E. Consultant fees F. County collection fees Total Incidentals: $0.00 $42,678.29 $42,678.29 21,863.06 0.00 21,863.06 5,982.50 5,982.50 11,965.00 13,836.67 13,836.67 27,673.34 20,000.00 0.00 20,000.00 3,046.11 0.00 3,046.11 15,000.00 0.00 15,000.00 250.00 250.00 500.00 250.00 250.00 500.00 $80,228.34 $62,997.46 $143,225.80 $3,000.00 $3,000.00 $6,000.00 4,950.00 4,950.00 9,900.00 0.00 0.00 0.00 2,750.00 2,750.00 5,500.00 250.00 250.00 500.00 2.30 2.30 4.60 $10,952.30 $10,952.30 $21,904.60 Total Estimated Annual Cost: $91,180.64 $73,949.76 $165,130.40 (Less) General Benefit Contribution&2 : ($7,679.20) ($6,228.03) ($13,907.23) TOTAL ANNUAL ASSESSMENT(3): $83,501.44 $67,721.73 $151,223.17 (1) Includes legal, accounting and advertising. (2) General benefit contribution will be funded from other sources and is not being paid from annual assessments. (3) Does not include installment rounding of ($0.41). 3.2 Reserves The City may establish and collect reserve funds for the District in order to pay for the maintenance and servicing of the improvements prior to December 10 of the fiscal year, or whenever the City expects to receive its apportionment of special assessments and tax collections from the County, whichever is later. N BS City of National City Landscape Maintenance District No. 1 (Mile of Cars) 7 227 of 271 The fund may be allowed to accumulate in anticipation of any unforeseen expenses not included in the yearly maintenance costs. The following table details the current and projected reserve balances: Reserve Reserve Balance 12/31/2018 Collection/Reduction FY 2019/20 Reserve 6/30/2020 Projection $54,883.00 $500.00 $55,383.00 N BS City of National City Landscape Maintenance District No. 1 (Mile of Cars) 8 228 of 271 4. ASSESSMENT DIAGRAM The Assessment Diagram sets forth (a) the exterior boundaries of the District and (b) the lines of each lot or parcel of land within the District. The Assessment Diagram further identifies each lot or parcel by a distinctive number or letter. For a detailed description of the lines and dimensions of any lot or parcel, reference is made to the County Assessor's Map applicable for the next fiscal year, which map shall govern for all details concerning the lines and dimensions of such lots or parcels. The following pages provide a copy of the Amended Assessment Diagram for the District. N BS City of National City Landscape Maintenance District No. 1 (Mile of Cars) 9 229 of 271 FILED IN THE OFFICE OF THE cITY CLERK OF THE CITY OF NATIONAL CITY R AS DAY of 1990_ CITY CLERK CITY or NATIONAL Q7Y STATE OF CALIFORNIA RECORDED tN THE OFFICE CF THE SUPFRMITENDENT OF STREETS OF IRE CITY OF NATIONAL CITY THIS DAY OF , t996. SUPERINTENDENT OF STREETS CITY OF NATIONAL aTY STATE OF CALIFORNIA AN ASSESSMENT WAS LET'IET/ 0Y THE CITY COUNCIL ON 11$ LOTS. PIECES. AND PARCELS OF LAND SHOWN ON Ws ASSESSMENT DIAGRAM. 5A10 ASSESSMENT WAS LEVIED 0T1 THE DAY OF 1990: SAID ASSESSMENT DfAGRAM AND TIE ASSESSMENT ROLL WERE RECDROED IN THE OFFICE OF THE SUPERINTENDENT OF STREETS OF SAOIO CITY OH 104E DAY OF 1996. REFERENCE IS MADE TO THE ASSESSMENT ROLL RECORDED N THE OFFICE OF THE SUPERINTENDENT OF STREETS FOR THE EXACT AMOUNT OF EACH ASSESSMENT LEVIED AGAINST EACH PARCEL OF LAND SHOWN oN THR ASSESSIENT DIAGRAM. CITY 511211 CITY OF NATIONAL CITY STATE OF CALIFORNIA FILED THIS DAY OF 1996, AT THE HOUR OF O'CLOCK _.M. 1N BOOK __Of MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY Of SAN DECO, CAL0FORNIA. COUNTY RECEROER COUNTY OF SAN DEGO STATE OF CALIFORNIA AMENDED ASSESSMENT DIAGRAM OF LANDSCAPE MAINTENANCE DISTRICT NO.1(MILE OF CARS) CITY OF NATIONAL CITY COUNTY OF SAN DIEGO STATE OF CALIFORNIA 2D1 560-20]-01 560-20N-0O EXTERIOR DOUIIOARY CF DISTRICT REVISED 8-1-96 REVISED 6-11-97 REVISED 6-19-02 REVISED 6-09-03 REVISE) 5-26-04 ta0 0 100 200 000 400 SHEET 1 OF 3 SHEETS 190' 560-303—Dl N ONCOU OF EACH PARCEL IS BASED SHOWN CURRENT COUNTY ASSESSOR'S FOOT. MAPS ER SHOWN PARCEL TO THE NEAREST FOOT. REFER TO ASSESSOR'S PARCEL MAPS FOR PROPERTY DIMENSIONS NOT SHOWN. NASLAND ENGINEERING 540 9. 6N mamma . lt7REGY1RG • LA00 PIARmHG 4010 Renner llreel. 5** Olye, C.Rfeenle, PJ.III • 010-2*g—'ln0 10 NOTE ORIGINAL SHEET SIZE 18" x 26' 230 of 271 N.E. JOB No. 105-148 AMENDED ASSESSMENT DIAGRAM OF LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MILE OF CARS) CITY OF NATIONAL CITY COUNTY OF SAN DIEGO STATE OF CALIFORNIA 560-330-03 591' NATIONAL BOULEVARD 562-021-01 100' 502-021-07 160' 562-340-fig TRANSPORTATION AVENUE 502-031-1 t Ida' 362-031-as 110' W2-349-70 0 100 I 1 1 562-090-06 270' Di NATIONAL fe+ 562-340-47 EXTERIOR 50VN0A6 Of 1:110TH1GT REVISED 8-1-96 REVISED 6-11-97 REVISED 6-19-02 REVISED 6-09-03 REVISED 5-26-04 0 100 200 } sou SHEET 2 OF 3 SI1L± I 562-100-44 lay 562--100-13 135• BOULEVARD 436' 562--340-48 \J 400 1HL iial/ACE OF EA7I Pf61� IS HASP) 1JPON MpRRRENT EOON TO THE YNEARESTF001. APREFEROSWIM TO 615ESSOAS PARER HAPS 60R PROaERT? 041E1119045 HOT SM0'MN. NASLAND ENGINEERING CISO. E2100166R5H0 • 2UHVEYRe0 • 1.4140 KLANRINO 1740 IM em. Street, inn INe=e. Cn6fernie. 92111 • 610-222-7770 11 NOTE: ORIGINAL SHEET SIZE 18' x 266' 231 of 271 N.E. JOB No.105-148 AMENDED ASSESSMENT DIAGRAM OF LANDSCAPE MAINTENANCE DISTRICT NO. i (MILE OF CARS) CITY OF NATIONAL CITY 562-I60-07 300' 562-190-32 562-100-33 62' 127 30d 562-340-09 209' 562-150-13 TORrATION AVENUE 562-251-57 20 COUNTY OF SAN DIEGO STATE OF CALIFORNIA 562-25r-36 16T NATIONAL CITY i3oULEVARD 230 562-220-13 1 562-252-15 330' EXTERIOR 80UNDARv OF DISTRICT 562-321•-07 152' 249' 562-330-35 N ONTIIGE 01' EAG1 PARCEL 13 BASEO UPON CURRENT COUNTY ASSESSOR'S VAR'S AND VOW HEREON M SPOORE 40 FOOT.00SHOTO Ts 1011*4 100 100 700 700 400 3 SHtt i 3 OF 3 SHEETS REVISED 8-1-96 REVISED 6-11-97 REVISED 6-19-02 REVISED 6-09-03 REVISED 5-26-04 NASLAND ENGINEERING C79I1. LNCl/1E0INC - 91104LYING - LAND PLANNING 1710 Rolfe.' 31iwt. 5,. D1.4e. California. 021I1 • Rio-000-*+m 12 NOTE ORIGINAL SHEET SIZE 18' x 26' 232 of 271 N.E. JOB No. 105-148 5. ASSESSMENTS The actual assessments for Fiscal Year 2019/20, apportioned to each parcel as shown on the latest equalized roll at the County Assessor's office, are listed and submitted at the end of this section. The description of each lot or parcel is part of the records of the County Assessor of the County of San Diego and such records are, by reference, made part of this Report. 5.1 Method of Apportionment The law requires and the statutes provide that assessments, as levied pursuant to the provisions of the Act, must be based on the benefit that the properties receive from the improvements to be maintained. The statute does not specify the method or formula that should be used in any special assessment district proceedings. The responsibility rests with the Assessment Engineer, who is appointed for the purpose of making an analysis of the facts and determining the correct apportionment of the assessment obligation. 5.1.1 IDENTIFY THE BENEFIT First, it is necessary to identify the benefit that the improvements to be maintained will render to the properties within the boundaries of the District. The improvements significantly improve the visual appearance of the streetscape, making the Mile of Cars a more enjoyable and desirable location for customers. The special signage and lighting provide a unifying theme, benefiting all of the properties within the District. The District's improvements and services provide benefits to both those properties within the District boundaries and to the community. The benefit conferred to property within the District will be referred to as an "aesthetic benefit." The aesthetic benefit provided by the district improvements and services are supported by the City's General Plan (the "Plan") and the Citywide Goals and Policies regarding Land Use and Community Character for its districts. The Plan states a desire to, "have the community character integrated and to ensure that physical forms, patterns, and aesthetic features advance the City's desire for a higher quality of life." The aesthetic benefits provided by the improvements and services support the following City policies outlined in the Plan: Policy LU-5.3: Recognize the diverse needs of the City's business districts through the development of policies, design guidelines, and implementation measures specific to the unique requirements of each district. Policy LU-5.4: Allow for adaptive reuse of vacant car dealerships and the establishment of new compatible uses along the Mile of Cars. Policy LU-5.9: Encourage members of the business community to participate in implementing actions to improve business districts. Policy LU-5.10: Assist the business community in evaluating the City's marketing and development potential and in identifying development strategies that are beneficial to the public and private sectors. Policy LU-9.1: Design developments along mixed -use and "community corridors" for the comfort and enjoyment of pedestrians and bicyclists. This includes features such as street trees, placing buildings close to the street, de-emphasizing parking lots and garages, limited driveway cuts, N BS City of National City Landscape Maintenance District No. 1 (Mile of Cars) 13 233 of 271 traffic -calming features, clearly defined street crossings, adequate lighting, and street furnishings where appropriate. Policy LU-9.4: Encourage an overall high -quality streetscape design, where feasible, that promotes narrow roadways, bike lanes; on -street parking, minimal curb cuts; enhanced crosswalks; appropriate sidewalk widths, landscaped medians and parkways; street trees, planters, and wells; street lighting; street furniture; way finding; enhanced paving; public art; and other features that contribute to the desired character for the City, where appropriate. Policy LU-11.2: Identify gateways at major entrances to the City using such features as buildings, street trees, welcome signs, decorative lighting, archways, and other design techniques to announce the gateway. Policy LU-11.4: Recognize, maintain, and enhance the character and identity of residential neighborhoods and business districts. Policy LU-11.7: Encourage residential and businesses to clean and maintain their properties and public spaces to further a sense of ownership and community pride. Policy LU-11.8: Require the sensitive placement, screening, and/or treatment of utility meters, boxes, valves, vaults, switches, plumbing, wiring, fences, etc. to eliminate or minimize the aesthetic impact to the neighborhood. Policy LU-11.9: Encourage the improvement of existing signage to help promote a more attractive street scene in business districts. The Plan states these policies are important because a positive community image and quality community design instills a sense of pride and well-being in the community. The aesthetic benefit attained as a result of the services and improvements provided by the District is detailed below. 5.1.2 AESTHETIC BENEFIT The aesthetic benefit relates to an improvement in the District's visual appearance as a result of the District improvements and services. The beautification of property within the District can best be described as the ability for the property within the District to develop and operate at the property's highest and best use. Properties within the District receive the following aesthetic benefits as a result of the District's improvements and services: Uniform and up-to-date streetscape and median and frontage improvements create cohesion throughout the District from 18th Street to SR 54. This District cohesion enhances the experience for all stakeholders. The improvements and services enhance the community identity of the Mile of Cars area, which will lead to a stronger and healthier street corridor. The image of the Mile of Cars area is improved by maintaining the median and frontage improvements. The District revitalizes and beautifies the Mile of Cars area. This revitalization encourages new business development and existing business retention and expansion which overall reduces vacancies and increases lease rates for property, more specifically, the auto dealerships located within the District. The streetscape improvements encourage an increase in activity throughout the District. The Mile of Cars area becomes more pedestrian -friendly, thus improving activity for residents and businesses alike. N BS City of National City Landscape Maintenance District No. 1 (Mile of Cars) 14 234 of 271 Upgraded median and frontage amenities provided by the District enhance the appearance, desirability, and experience of the properties directly fronting the improvements provided throughout the District. The streetscape improvements add aesthetic value to property adjacent to the improvements, but the improvements also make the property appear more stable and prosperous. The aesthetic benefit received by properties within the District assists each property in developing and operating at its highest and best use. 5.1.3 SEPARATION OF GENERAL BENEFIT Section 4 of Article XIIID of the California Constitution provides that once a local agency which proposes to impose assessments on property has identified those parcels that will have special benefits conferred upon them and upon which an assessment will be imposed, the local agency must then "separate the general benefits from the special benefits conferred," and only the special benefits can be included in the amount of the assessments imposed. General benefit is an overall and similar benefit to the public at large resulting from the improvements and services to be provided. The District improvements and maintenance services, which are more fully presented in Section 2 of this Report, will be provided within the District boundaries only. There will be no improvements or maintenance services provided by the District outside of the District boundaries. The District provides aesthetic benefits to the properties within the District. However, it is recognized that the District also provides a level of benefit to some property and businesses within close proximity to the District, as well as visitors and individuals passing through the District. Vehicular and pedestrian traffic from property within and outside of the District, as well as individuals passing through the Mile of Cars area will be able to enjoy the improvements and maintenance services. Therefore, it is necessary to quantify the general benefits created as a result of the District improvements and services. 5.1.4 QUANTIFICATION OF GENERAL BENEFIT As previously mentioned, general benefit is an overall and similar benefit to the public at large resulting from the improvements and services which are funded by the assessment revenue. The District improvements and maintenance services will be provided within the District boundaries only. There will be no improvements or maintenance services provided by the District outside of the District boundaries. General benefits accrue to individuals "walking through" the District and to vehicles "passing through" the District. Individuals walking through the District are typically people who live in close proximity and whose origin or destination neither begins with nor ends at a parcel within the District. Any walking that begins with or ends at a parcel within the District are considered part of the special benefit for those parcels within the boundaries of the District. Vehicles passing through the District are those vehicles whose origin or destination neither begins with nor ends at a parcel within the District. Any vehicle trips that begin with or end at a parcel within the District are considered part of the special benefit for those parcels within the boundaries of the District. For the purposes of this analysis, it was determined that the general benefit quantification should be focused on vehicle trips passing through the District because National City Boulevard is a major thoroughfare which connects and provides access to SR 54. N BS City of National City Landscape Maintenance District No. 1 (Mile of Cars) 15 235 of 271 To quantify and separate the amount of general benefit received by the general population as a result of the improvements and services provided by the assessment revenue, it has been determined that general benefits accrue mainly to vehicles "passing through" the District. Meaning, any vehicle using the City's streets that lie within the boundaries of the District that is coming or going to a parcel within the District ultimately is not part of the "general public" benefitting from the proposed improvements and services. Accordingly, the separation of general benefits from special benefits will be measured by that estimated portion of vehicle trips "passing through" the District. In order to determine the estimated portion of the vehicle trips "passing through" the District, trip generation data was collected for each parcel within the boundaries of the District using San Diego County assigned land use codes and property characteristics. Each land use code was categorized and located in the ITE Trip Generation Manuals — 2nd Edition. Using the property characteristics and data gathered from the ITE Trip Generation Manuals, the estimated amount of Average Daily Trips (ADT) was calculated for each parcel within the boundaries of the District. The ADT were then added together for each parcel within the boundaries of the District to arrive at a total amount of vehicle trips generated by the District, which equaled 13,385 ADT. The total average vehicle trips were then compared to the average vehicle trip generation data detailed in the City of National City Comprehensive Land Use Update (Transportation and Circulation) for the streets running through the District, which equaled 14,825 ADT. The comparison concluded that 90.29% of all vehicle trips passing through the District were coming or going to a parcel within the boundaries of the District, hence 90.29% of all vehicle trips passing through the District are designated as benefiting from the special benefits provided by the District. As a result, 9.71% of all vehicle trips passing through the District are general in nature and hence, do not receive any special benefit from the District. Therefore, 9.71% of the benefits of the services are considered general benefit. Accordingly, 90.29% of the benefit from the improvements and services are considered to provide special benefit to the properties within the District and thus are subject to the assessment. 5.1.5 APPORTIONMENT OF COSTS In further making the analysis, it is necessary that the property owners receive a special and direct benefit distinguished from that of the general public. In this case, an in-depth analysis was performed and several factors are being used in the final method and spread of assessment. All of the improvements are intended to be of direct benefit to properties within the District. These improvements require significantly more maintenance than normally provided by the City. It is therefore appropriate that the properties receiving the benefit be assessed for the additional cost. Lineal frontage was assigned as the assessment variable by the original assessment engineer because all of the special aesthetic benefits received by properties within the District from the improvements and services provided, using revenues from the annual assessment levy, can be quantified best by identifying the lineal frontage of the property along National City Boulevard. Lineal frontage is a tangible property characteristic that clearly ties the aesthetic benefits received by parcels within the District to the amount of frontage of each property, which is where the aesthetic benefit is to be received and realized. The improvements and maintenance services being provided to and enjoyed by the parcels within the District provide an aesthetic benefit not provided to any parcels outside of the District boundaries. The M N BS City of National City Landscape Maintenance District No. 1 (Mile of Cars) 16 236 of 271 annual assessment is based upon a parcel's lineal frontage unless otherwise identified by the original assessment engineer, as previously approved by property owners at the formation of the District. There are generally two categories of improvements to be maintained by the District — the median improvements and the frontage improvements. The median improvements benefit all properties within the District. The improvements to the parkway (referred to herein as Frontage Improvements) benefit those properties which they abut. The specific method of spreading the assessment is described below: 5.1.6 MEDIAN IMPROVEMENTS 1. The total cost for maintenance of the Median Improvements is apportioned to all parcels in the District and is based on the frontage of each parcel along National City Boulevard. 2. Parcel 32 (APN 562-220-11) does not have frontage on National City Boulevard, but receives some benefit from median improvements and maintenance services benefiting properties within the boundaries of the District. As a result, the original assessment engineer determined that the parcel received a lower level of benefit and therefore assigned 100 frontage feet of benefit to the parcel. 5.1.7 FRONTAGE IMPROVEMENTS 1. The total cost for maintenance of the Frontage Improvements is apportioned to all parcels in the District and is based on the frontage of each parcel along National City Boulevard. 2. Parcel 32 (APN 562-220-11) does not have frontage on National City Boulevard. As such, Parcel 32 receives no benefit from the frontage improvements. 3. The frontage of each parcel is determined from current Assessor's maps for the County of San Diego, State of California. All frontage dimensions have been rounded to the nearest foot. 5.2 Maximum Annual Assessment Rates The maximum annual assessment to be levied on all properties within the District in any fiscal year shall be subject to an annual escalation of up to 10% based upon actual and anticipated expenditures. N BS City of National City Landscape Maintenance District No. 1 (Mile of Cars) 17 237 of 271 The following table shows the historical maximum annual assessment rates. Fiscal Year Percentage Increase Maximum Frontage Rate Per Frontage Foot Maximum Median Rate Per Frontage Foot Total Maximum Rate Per Frontage Foot(1) Total Actual Rate Per Frontage Foot(') Actual Percentage Increase 1996/97 N/A $3.29 $6.43 $9.72 $9.72 N/A 1997/98 10% 3.62 7.07 10.69 10.69 16.56% 1998/99 10% 3.98 7.78 11.76 11.09 -2.12% 1999/00 10% 4.38 8.56 12.94 11.07 -0.18% 2000/01 10% 4.82 9.41 14.23 11.51 3.97% 2001/02 10% 5.30 10.35 15.66 10.52 -8.60% 2002/03 10% 5.83 11.39 17.22 11.03 4.85% 2003/04 10% 6.41 12.53 18.95 11.25 1.99% 2004/05 10% 7.05 13.78 20.84 11.56 2.76% 2005/06 10% 7.76 15.16 22.93 11.68 1.04% 2006/07 10% 8.54 16.68 25.22 12.37 5.91% 2007/08 10% 9.39 18.35 27.74 13.72 10.91% 2008/09 10% 10.33 20.18 30.52 14.79 7.80% 2009/10 10% 11.36 22.20 33.57 16.19 9.47% 2010/11 10% 12.50 24.42 36.93 16.87 4.20% 2011/12 10% 13.75 26.86 40.62 15.75 -6.64% 2012/13 10% 15.12 29.55 44.68 15.80 0.32% 2013/14 10% 16.64 32.51 49.15 15.49 -1.96% 2014/15 10% 18.30 35.76 54.07 15.15 -2.19% 2015/16 10% 20.13 39.33 59.46 15.11 -0.26% 2016/17 10% 22.15 43.27 65.42 15.86 4.96% 2017/18 10% 24.36 47.60 71.96 15.69 -1.07% 2018/19 10% 26.80 52.36 79.16 16.38 4.40% 2019/20 10% 29.48 57.59 87.07 16.77 2.32% (1) Rates are truncated. The annual assessment shall not exceed the maximum assessment, unless the appropriate Proposition 218 proceedings are conducted by the City to authorize an increase beyond the maximum assessment amount. The actual combined annual assessment rate for Fiscal Year 2019/20 is $16.77, which represents a 2.32% increase from Fiscal Year 2018/19. 5.3 Assessment Roll The proposed Fiscal Year 2019/20 District assessment roll is listed on the following page. NBSCity of National City Landscape Maintenance District No. 1 (Mile of Cars) 18 238 of 271 City of National City Landscape Maintenance District No. 1 (Mile of Cars) Assessment Roll Fiscal Year 2019/20 APN Owner Frontage (Feet) Levy Misc Adjs Total 560-203-03-00 FUENTES FRANK SEPARATE PROPERTY TRUST 08-13-96 291 $4,878.73 (0.01) $4,878.72 560-204-02-00 CAPPS DIANE L & BALL 1998 TRUST 140 2,347.15 (0.01) 2,347.14 560-204-04-00 BALL JOHN D II 190 3,185.43 (0.01) 3,185.42 560-210-01-00 HATTON RONNIE & HATTON PAM 125 2,095.67 (0.01) 2,095.66 560-210-04-00 LTC PROPERTIES L L C 165 2,766.29 (0.01) 2,766.28 560-210-40-00 BALL JOHN D & BALL 1998 TRUST 211 3,537.50 0.00 3,537.50 560-210-41-00 BALL JOHN D & BALL 1998 TRUST 50 838.27 (0.01) 838.26 560-210-42-00 LTC PROPERTIES L L C 30 502.96 0.00 502.96 560-261-08-00 BALL JOHN D & BALL 1998 TRUST 270 4,526.66 0.00 4,526.66 560-271-07-00 BALL JOHN D & BALL 1998 TRUST 75 1,257.40 0.00 1,257.40 560-271-09-00 BALL AUTOMOTIVE GROUP 50 838.27 (0.01) 838.26 560-271-14-00 BALL JOHN D & BALL 1998 TRUST 95 1,592.71 (0.01) 1,592.70 560-271-15-00 BALL JOHN D & BALL 1998 TRUST 100 1,676.54 0.00 1,676.54 560-330-03-00 S K R B L P 591 9,908.36 0.00 9,908.36 560-393-03-00 PNJ PROPERTIES L L C 140 2,347.15 (0.01) 2,347.14 560-393-04-00 FALK PROPERTIES N C L L C 480 8,047.40 0.00 8,047.40 562-021-01-00 POLAKOFF GARY & DIANE 2401 TRUST 100 1,676.54 0.00 1,676.54 562-021-07-00 DIAZ LUIS J & MARIA G 2004 FAMILY TRUST 01-28-04 160 2,682.46 0.00 2,682.46 562-031-13-00 BALL JOHN II 110 1,844.19 (0.01) 1,844.18 562-031-14-00 BALL JOHN II 160 2,682.46 0.00 2,682.46 562-090-06-00 WEBSTER GEORGE H SECOND LIVING NON -MARITAL TRUST 270 4,526.66 0.00 4,526.66 562-100-13-00 BALL JOHN D II 135 2,263.33 (0.01) 2,263.32 562-100-14-00 WEBSTER GEORGE H SECOND LIVING NON -MARITAL TRUST 135 2,263.33 (0.01) 2,263.32 562-150-13-00 GEN 3 PROPERTIES ONE L L C 209 3,503.97 (0.01) 3,503.96 562-160-07-00 GEN3 PROPERTIES TWO LLC 300 5,029.62 0.00 5,029.62 562-180-32-00 GEN3 PROPERTIES TWO LLC 82 1,374.76 0.00 1,374.76 562-180-33-00 GEN3 PROPERTIES TWO LLC 127 2,129.20 0.00 2,129.20 562-220-11-00 MAG 100 30TH STREET LLC 100 921.14 0.00 921.14 562-220-13-00 MCCUNE MOTORS <LF> MCCREDIE TOD C TRUST 03-28-96 (55 230 3,856.04 0.00 3,856.04 562-220-31-00 MCCUNE MOTORS <LF> MCCREDIE TOD C TRUST 03-28-96 (55 155 2,598.64 0.00 2,598.64 562-220-32-00 FRANK REAL PROPERTIES II LP 314 5,264.34 0.00 5,264.34 562-251-37-00 C V VENTURES L L C 202 3,386.61 (0.01) 3,386.60 562-251-38-00 C V VENTURES L L C 167 2,799.82 0.00 2,799.82 562-252-16-00 ERM FAMILY TRUST 11-19-91 & ERM RUDOLPH F JR 330 5,532.59 (0.01) 5,532.58 562-321-07-00 S 0 C PROPERTIES L L C 182 3,051.30 0.00 3,051.30 562-321-08-00 CITY OF NATIONAL CITY 148 2,481.28 0.00 2,481.28 562-330-43-00 54/NATIONAL SELF STORAGE L L C 40 670.61 (0.01) 670.60 562-330-47-00 NATIONAL CITY BLVD STORAGE LLC 192 3,218.96 0.00 3,218.96 562-330-48-00 NATIONAL CITY BLVD STORAGE LLC 133 2,229.80 0.00 2,229.80 562-340-09-00 WESTCOTT REVOCABLE TRUST 10-28-14 & PARADISE DEBRA J 300 5,029.62 0.00 5,029.62 562-340-47-00 MOSSY IMPORTS L L C 164 2,749.52 0.00 2,749.52 562-340-48-00 MOSSY IMPORTS L L C 436 7,309.72 0.00 7,309.72 562-340-49-00 ESCONDIDO DEVELOPMENT PROPERTIES L L C 291 4,878.73 (0.01) 4,878.72 562-340-50-00 PERRY MOTORS/PROPERTIES OF NATIONAL CITY L L C 300 5,029.62 0.00 5,029.62 562-340-69-00 FELICE REAL PROPERTIES I L P 290 4,861.97 (0.01) 4,861.96 562-340-70-00 FELICE REAL PROPERTIES I L P 300 5,029.62 0.00 5,029.62 46 Accounts $151,222.94 ($0.18) $151,222.76 19 239 of 271 CC/CDC-HA Agenda 5/7/2019 — Page 240 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City declaring its intention to conduct a public hearing on June 4, 2019 and to levy and collect assessments for Landscape Maintenance District No. 1 (Mile of Cars) for Fiscal Year 2019/20. (Planning) Please scroll down to view the backup material. 240 of 271 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 7, 2019 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City declaring its intention to conduct a public hearing on June 4, 2019 and to levy and collect assessments for Landscape Maintenance District No. 1 (Mile of Cars) for Fiscal Year 2019/20. PREPARED BY: Raymond Pe, Principal Planner S DEPARTMENT: Pla PHONE: 1336-4421 APPROVED BY: EXPLANATION: The City formed the Mile of Cars Landscape Maintenance District No. 1 in 1995 to provide for the maintenance, operations, and servicing of certain improvements in the District, including landscaping, signage, and lighting. Each year, the City Council considers the adoption of resolutions to allow the District to continue operating with funding through a special tax levy on properties within the District. The resolution would declare the City's intention to conduct a public hearing and to levy and collect assessments on behalf of the District for Fiscal Year 2019/20 based on the Engineer's Report, an annual report that identifies the assessment to be levied and the work program to be conducted by the Mile of Cars Landscape Maintenance District. The Mile of Cars Association has approved the scope of work, the proposed assessment, and the District budget. There are no changes or additions to the maintained improvements for the coming fiscal year. The proposed total assessment of $151,223.17 is an increase of approximately 2.32 percent above the prior year total assessment. The City's consultant and City administrative costs are paid from the District's assessment funds. FINANCIAL STATEMENT: Not applicable. ACCOUNT NO. APPROVED: APPROVED: Finance MIS ENVIRONMENTAL REVIEW: This action is not subject to the California Environmental Quality Act since it is not a project as defined in the California Code of Regulations, Section 15378. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution declaring intent to conduct a public hearing and to levy and collect assessments. BOARD / COMMISSION RECOMMENDATION: Not applicable. ATTACHMENTS: 1. Resolution. 241 of 271 CC/CDC-HA Agenda 5/7/2019 — Page 242 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City approving an agreement by and between the City of National City and The Altum Group for professional services to implement the amortization of nonconforming uses within the Westside Specific Plan. (Planning) Please scroll down to view the backup material. 242 of 271 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 7, 2019 AGENDA ITEM NO.: ITEM TITLE: A Resolution of the City Council of the City of National City approving an agreement by and between the City of National City and The Altum Group for professional services to implement the amortization of nonconforming uses within the Westside Specific Plan. (Planning) PREPARED BY: Raymundo Pe, Principal Planner PHONE: 619-336-4421 DEPARTMENT: Planning APPROVED BY: — EXPLANATION: On January 25, 2018, the City released a request for proposals for professional services to implement the amortization of nonconforming uses within the Westside Specific Plan area. The Altum Group was the only responding firm to submit a proposal by the deadline of March 12, 2018. Subsequent negotiations between the City and the Altum Group resulted in a revised scope and reduced cost to not exceed the City's budget. The consultant submitted a final revised proposal on March 25, 2019 with a total budget of $69,107, including optional tasks. Staff is recommending approval of the agreement with a not -to -exceed amount of $70,000. FINANCIAL STATEMENT: ACCOUNT NO. 0001-409-000-650-9040 APPROVED: FINANCE APPROVED: MIS Budgeted funds in the amount of $50,000 are available for consultant services for amortization in the current FY18/19, and an amount of $50,000 is proposed to be budgeted for the following FY19/20. The scope of services is anticipated to require seven months and will span the two fiscal years. ENVIRONMENTAL REVIEW: This activity is not a project as defined in Section 15378 of the California Code of Regulations; therefore, no further action is required under the California Environmental Quality Act. ORDINANCE: INTRODUCTION ❑ FINAL ADOPTION ❑ Not applicable. STAFF RECOMMENDATION: Adopt the resolution approving the agreement. BOARD / COMMISSION RECOMMENDATION: Not applicable. ATTACHMENTS: 1. Background. 2. Agreement. 3. Resolution. 243 of 271 BACKGROUND In 2006, the City Council adopted an ordinance (Municipal Code Section 18.11.100.D) providing for the termination of nonconforming uses through amortization. Amortization periods allow for the property/business owner to recover their investment in the use/business. The City Council adopted the Westside Specific Plan in 2010 with new zoning that resulted in the creation of a number of nonconforming uses that had been established under previous zoning, i.e. many commercial and industrial uses that were previously allowed became nonconforming under the specific plan and new zones. In 2011, the City Council approved a ranking process for nonconforming uses that was developed for the City by the United States Environmental Protection Agency. In 2012, the ranking process was used to create a list of nonconforming uses within the Westside Specific Plan. After public hearings in 2013, the Planning Commission recommended and the City Council approved amortization periods for two nonconforming uses. In 2015, the property and business owners of the two uses complied with the City Council orders to terminate the nonconforming uses. In April of 2016, the City Council directed staff to proceed with an update of the ranking and to continue with the amortization of up to five nonconforming uses within the Westside Specific Plan. The City retained Tierra West Advisors, Inc. as the consultant; TWA had also been the consultant used for the previous completed amortization effort. A draft ranking was completed in November of 2016 and released in January of 2017 for a 60- day public review period. In March of 2017, the City and TWA came into disagreement as to the acceptability of the work product completed and as to the remaining scope and budgeted costs under the agreement. The City and TWA were unable to reach agreement on the remaining tasks and deliverables during several months of discussions. In July of 2017, a notice of acceptability was served to TWA addressing and directing completion of the outstanding work tasks and deliverables. To date, TWA has not complied with the notice or the terms of the agreement and has been nonresponsive to the City's requests. Staff determined that working with TWA under the agreement was no longer feasible. In January of 2018, the City released a request for proposals for consultant services to implement a renewed amortization effort. The Altum Group was the only responding firm, submitting a proposal in March of 2018; however, the proposal's preliminary budget exceeded the amount of City funds allocated for the program. The City and Altum Group subsequently conferred and negotiated a revised scope and budget that is acceptable to staff. The final revised proposal was submitted on March 25, 2019. 1 244 of 271 AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND THE ALTUM GROUP THIS AGREEMENT is entered into on this 7th day of May 2019, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and THE ALTUM GROUP, a California corporation (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide professional services to implement the amortization of nonconforming uses within the Westside Specific Plan. WHEREAS, the CITY has determined that the CONSULTANT is a multi -disciplinary consulting firm with expertise in planning, environmental, engineering, survey, and geographic information systems and is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CITY agrees to engage the CONSULTANT, 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 May 7, 2019. The duration of this Agreement is for a period of one year. Completion dates or time durations for specific portions of the project are set forth in Exhibit "A". This Agreement may be extended by mutual agreement upon the same terms and conditions for an additional one (1) year term. The Parties may exercise up to three one-year extensions. Any extension of this Agreement must be approved in writing by the City Manager. 3. SCOPE OF SERVICES. The CONSULTANT will perform those amortization - related services as set forth in the attached Exhibit "A". The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONSULTANT shall appear at meetings specified in Exhibit "A" 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 2 245 of 271 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. Raymundo Pe 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. Chris D. Moore 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 $70,000. The compensation for the CONSULTANT'S work shall not exceed the rates set forth in Exhibit "A". Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A", as determined by the CITY. The 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 fmal payment under this Agreement, for inspection by the CITY, and for furnishing of copies to the CITY, if requested. 6. ACCEPTABILITY OF WORK. The CITY shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement, and the amount of compensation due. In the event the 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 document(s) necessary to further effectuate this waiver and disclaimer. Standard Agreement City of National City and Revised February 2019 3 The Altum Group 246 of 271 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 Services of this project, unless otherwise mutually agreed. 8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT'S employees are employees of the CITY, and are not entitled to any of the rights, benefits, or privileges of the CITY'S employees, including but not limited to retirement, medical, unemploy- ment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT'S employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or SUBCONSULTANTS, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its SUBCONSULTANT(S) shall require the SUBCONSULTANT(S) to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CITY, nor its officers, agents, or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT'S employees, except as set forth in this Agreement. The CONSULTANT, or the CONSULTANT'S agents, servants, or employees are not in any manner agents, servants, or employees of the CITY. The CONSULTANT and its agents, servants, and employees are wholly independent from the CITY and CONSULTANT'S obligations to the CITY are solely prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable state and federal statutes and regulations, and all applicable ordinances, rules, and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT and each of its SUBCONSULTANT(S), shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of Standard Agreement City of National City and Revised February 2019 4 The Alturn Group 247 of 271 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 involvedin debarment, arbitration or litigation proceedings concerning the CONSULTANT'S professional performance or the furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -section 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-DISCRINIINATION 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 Standard Agreement City of National City and Revised February 2019 5 The Altum Group 248 of 271 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 15. 15. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to defend, indemnify and hold harmless the City of National City, its officers, officials, agents, employees, 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, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT'S performance or other obligations under this Agreement; provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the CITY, its agents, officers, employees or volunteers. 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. EMPLOYEE PAYMENTS AND INDEMNIFICATION. 16.1 PERS Eligibility Indemnification. If CONSULTANT' s employee(s) providing services under this Agreement claims, or is determined by a court of competent jurisdiction or the California Public Employees Retirement System ("PERS") to be eligible for enrollment in PERS of the CITY, CONSULTANT shall indemnify, defend, and hold harmless CITY for the payment of any employer and employee contributions for PERS benefits on behalf of the employee as well as for payment of any penalties and interest on such contributions which would otherwise be the responsibility of the CITY. CONSULTANT'S employees providing service under this Agreement shall not: (1) qualify for any compensation and benefit under PERS; (2) be entitled to any benefits under PERS; (3) enroll in PERS as an employee of CITY; (4) receive any employer contributions paid by CITY for PERS benefits; or (5) be entitled to any other PERS-related benefit that would accrue to a CITY employee. CONSULTANT's employees hereby waive any claims to benefits or compensation described in this Section 16. This Section 16 applies to CONSULTANT notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary. Standard Agreement City of National City and Revised February 2019 6 The Altum Group 249 of 271 16.2 Limitation of CITY Liability. The payment made to CONSULTANT under this Agreement shall be the full and complete compensation to which CONSULTANT and CONSULTANT's officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither CONSULTANT nor CONSULTANT's officers, employees, agents, and subcontractors are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to CITY employees. The CITY will not make any federal or state tax withholdings on behalf of CONSULTANT. The CITY shall not be required to pay any workers' compensation insurance on behalf of CONSULTANT. 16.3 Indemnification for Employee Payments. CONSULTANT agrees to defend and indemnify the CITY for any obligation, claim, suit, or demand for tax, retirement contribution including any contribution to PERS, social security, salary or wages, overtime payment, or workers' compensation payment which the CITY may be required to make on behalf of (1) CONSULTANT, (2) any employee of CONSULTANT, or (3) any employee of CONSULTANT construed to be an employee of the CITY, for work performed under this Agreement. This is a continuing obligation that survives the termination of this Agreement. 17. 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 Labor 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, employees, and volunteers 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. 18. 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 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 non -owned, scheduled, and hired vehicles. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. C. Commercial General Liability Insurance, with minimum limits of $2,000,000 per occurrence and $4,000,000 aggregate with a $3,000,000 umbrella policy, covering all bodily injury and property damage arising out of its operations, work, or performance under this Agreement. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate 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. Standard Agreement City of National City and Revised February 2019 7 The Altum Group 250 of 271 D. Workers' Compensation Insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the CITY. Said endorsement shall be provided prior to commencement of work under this Agreement. If CONSULTANT has no employees subject to the California Workers' Compensation and Labor laws, CONSULTANT shall execute a Declaration to that effect. Said Declaration shall be provided to CONSULTANT by CITY. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, officials, 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's Risk Manager, at the address listed in subsection G below, 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. The Certificate Holder for all policies of insurance required by this Section shall be: City of National City c/o Risk Manager 1243 National City Boulevard National City, CA 91950-4397 H. Insurance shall be written with only insurers authorized to conduct business in Californiathat 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 of 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 List of Approved Surplus Line Insurers ("LASLI") and otherwise meet rating requirements. I. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY'S Risk Manager. If the 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. J. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. CITY reserves the right to modify the insurance requirements of this Section 18, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. Should the CITY modify the insurance requirements to increase the CONSULTANT'S insurance coverage requirements, then the CITY shall compensate the CONSULTANT for the reasonable cost of the increased insurance coverage requirements. K. If the CONSULTANT maintains broader coverage or higher limits (or both) than the minimum limits shown above, the CITY shall be entitled to the broader coverage Standard Agreement City of National City and Revised February 2019 8 The Altum Group 251 of 271 3 or higher limits (or both) maintained by the CONSULTANT. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY. 19. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONSULTANT'S breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 7. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by Standard Agreement City of National City and Revised February 2019 9 The Altum Group 252 of 271 overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: Raymundo Pe Principal Planner Planning Department City of National City 1243 National City Boulevard National City, CA 91950-4397 To CONSULTANT: Chris D. Moore, AICP, ENV SP Planning & Environmental Planning Manager The Altum Group . 6265 Greenwich Drive, Suite 215 San Diego, CA 92122 Doug Franklin, P.E. Vice President The Altum Group 73-710 Fred Waring Drive, Suite 219 Palm Desert, CA 92260 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty- eight (48) hours by letter mailed or delivered as specified in this Section. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The Standard Agreement City of National City and Revised February 2019 10 The Altum Group 253 of 271 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 Section 22 by the CONSULTANT. 23. PREVAILING WAGES. State prevailing wage rates may apply to work performed under this Agreement. State prevailing wages rates apply to all public works contracts as set forth in California Labor Code, including but not limited to, Sections 1720,1720.2, 1720.3, 1720.4, and 1771. Consultant is solely responsible to determine if State prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations. 24. ADMINISTRATIVE 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,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. The venue for any legal action arising under this Agreement shall be in either state or federal court in the County of San Diego, State of California. Standard Agreement City of National City and Revised February 2019 11 The Altum Group 254 of 271 I. Audit. If this Agreement exceeds ten -thousand dollars ($10,000), the parties shall be subject to the examination and audit of the State Auditor for a period of three (3) years after final payment under the Agreement, per Government Code Section 8546.7. J. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. K. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. L. Subcontractors or Subconsultants. The CITY is engaging the services of the CONSULTANT identified in this Agreement. The CONSULTANT shall not subcontract any portion of the work, unless such subcontracting was part of the original proposal or is allowed by the CITY in writing. In the event any portion of the work under this Agreement is subcontracted, the subconsultant(s) shall be required to comply with and agree to, for the benefit of and in favor of the CITY, both the insurance provisions in Section 18 and the indemnification and hold harmless provision of Section 15 of this Agreement. M. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. Standard Agreement City of National City and Revised February 2019 12 The Altura Group 255 of 271 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Alejandra Sotelo-Solis, Mayor APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney By: Robe M. Contreras Deputy City Attorney THE ALTUM GROUP, A CALIFORNIA CORPORATION (Corporation — signatures of two corporate officers required) By: 114(cA4c L A• P-tvi/2eiv i (Print) C9pt7)L (Title) By: w-.c (Name) 001)01 Frar1\4\i'V) (Print) �J Vt ce (Title) Standard Agreement City of National City and Revised February 2019 13 The Altum Group 256 of 271 Exhibit 'A' Mr. Ray Pe, Principal Planner Amortization of Non -Conforming Uses - Westside Specific Plan Area City of National City, California March 25, 2019 Page 1 INTRODUCTION The ImA �➢�tlla,��� Group The Altum Group (Altum) has responded to the Request for Proposal (RFP) by the City of National City (City) for assistance in the implementation of amortization of nonconforming land uses within the Westside Specific Plan Area. The purpose of the project is to identify up to five nonconforming properties that meet the criteria for amortization. Amortization of up to 5 properties would help the City in their effort to reestablish the Westside Specific Plan Area as a safe, healthy, and vibrant neighborhood. In response to this RFP, Altum has reviewed the Westside Specific Plan, the process for Amortization as established by the City in 2006 under Municipal Code Section 18.11.100(D), the process leading up to the 2013 hearing that led to two nonconforming uses being identified within the City, and the recently identified 150 properties associated with the current study. Additionally, Altum staff has discussed the project requirements with Ray Pe (National City — Principal Planner) and understands the need for evaluation of non -conforming properties within the Westside Specific Plan project area. This resulted in a reduction from 150 properties to 129 properties for review, within the Westside Specific Plan. Finally, Altum has revised this scope and fee proposal based upon further communication and guidance from Ray Pe, Principal Planner with the City. Altum has provided the following Scope of Services to address the City's needs for the project. SCOPE OF SERVICES Altum proposes to complete Tasks 1 through 6 as detailed below. Also, if authorized by the City, Altum will complete Tasks 7 and 8 as optional tasks Task 1: Project Kick -Off Meeting and Project Management Two Altum Staff members will attend a Project Kick -Off Meeting which will be held shortly following an executed contract and a notice to proceed. At the Kick-off meeting, we will discuss the scope of work and schedule to complete the work, as well as data needs, research methods, and communication protocols to be used during the project. Altum's project manager will coordinate with City staff throughout the seven -month duration of the project. The project manager's coordination will include, contract administration, file management, QA/QC of deliverables, budget tracking, and invoicing. This also includes the development and preparation of a detailed project schedule. Deliverables for this task will include: Meeting Agenda (MS Word and PDF) Kick-off Meeting Minutes (MS Word and PDF) Project Schedule — (MS Project and PDF) Task 2: Data Research At the beginning of this task, Altum's project manager and one (1) staff member will attend one (1) working meeting of no more than two (2) hours with City staff to review data collection methods used during prior amortization studies. During this meeting, City staff will share details regarding sources and methods of data collection, which outside governmental agencies and third parties should be contacted, as well as City P:\proposals1proposals-20181P2196 National City - Amortization Non -Conforming Useslcorrespondenceldocumentsl propasalslRevised Proposal March 20191Exhibit A - Amortization -National City Proposal 3-25-19 Revl.docx 14 257 of 271 Exhibit 'A' Mr. Ray Pe, Principal Planner Amortization of Non -Conforming Uses - Westside Specific Plan Area City of National City, California March 25, 2019 Page 2 as The Altum Group departments should be contacted for the purpose of data collection. City staff will provide an overview generally regarding how data was collected in previous amortization of non -conforming uses studies that have been conducted in the past. After the working meeting (detailed above) has been completed, Altum will begin its research by developing a GIS database of all 129 identified properties (as provided by the City) in the Westside Specific Plan area by collecting the necessary GIS shapefiles and parcel data available from the City and from the San Diego Association of Governments (SANDAG). The parcel data will be supplemented by data that Altura will gather from the City, including business violations, code violations, impacts to public infrastructure, and improper use of business properties that impede the development of a safe and healthy living/working environment in the Westside Specific Plan area. In addition, Altum will integrate data from outside governmental agencies, third parties, and City departments as agreed upon by the City and Altum during the kick-off meeting and the working meeting (detailed above). Altum will coordinate communications via telephone or email with outside governmental agencies, third parties and City departments for the request of status of permits, licenses (if any required) and violations (if any cases) for all subject properties (maximum of 129 properties) scheduled for research. Altum will conduct such telephone and email communication with a maximum of four (4) outside governmental agencies or third parties and a maximum of four (4) City departments (for a maximum of eight [8] entities that will be contacted). Should Altum be required to communicate with additional outside governmental agencies, third parties, or City departments (beyond the eight [8] entities), then Altum can provide such additional communication and coordination for an additional scope and fee. Outside governmental agency, third party, and City department information obtained by Altum will be incorporated into Altum's analysis of the maximum 129 identified properties. The GIS database will be confined to the 129 properties previously identified. If it is determined that a selected property is no longer applicable as a non -conforming use, then that property will be removed from the selection list and, if requested by the City, replaced with another non -conforming candidate property. Following development of the GIS database, Altum will use aerial imagery to review each Property in the Westside Specific Plan area to compare existing land use with current zoning, general plan land use designation, and specific plan land use designation, as well as the locations of applicable building permits, variances, code complaints, code violations, and court records. Properties where the existing use (as seen in the aerial imagery) does not match with zoning or general plan land uses will be identified and further reviewed regarding history of code violations, complaints, business licenses, and permit data. This effort will be followed up with preparation of a list and map of potential properties for field survey. Altum will review existing and applicable documentation and regulations as provided by the City. Information to be reviewed includes the Municipal Code as applicable to the properties located in the Westside Specific Plan, the Westside Specific Plan, and accompanying development standards, any available previous research conducted for this amortization process by other firms (to be provided by the City), and the current City of National City General Plan. This information will provide the foundation for project analysis. P:\proposalslproposals-20181P2196 National City - Amortization Non -Conforming Uses icorrespondence l documents l proposals 1 Revised Proposal March 20191Exhibit A - Amortization -National City Proposal 3-25.19 Rev1.docx 15 258 of 271 Exhibit 'A' Mr. Ray Pe, Principal Planner Amortization of Non -Conforming Uses - Westside Specific Plan Area City of National City, California March 25, 2019 Page 3 Deliverables for this task will include: 1The a Altum Group • GIS database — Shape files of properties in the Westside Specific Plan area with layers of data gathered from the City and other relevant agencies. • Non -Conforming Uses List and Map — This list and map (in Digital Format) will be determined from analysis of imagery, zoning, permits and other data gathered from the City and other relevant agencies. Task 3: Field Surveys and Review Altum will perform on -site surveys of the 129 Non -Conforming uses (as identified by the City) which will include photo documentation of the properties. Altum will then collect data and research information relating to business licenses, business violations, code violations, and the improper use of properties that impede the development of a safe and healthy living/working environment in the Westside Specific Plan area. Altum assumes the City will provide such data for Altum to use. Data collected will be used to assess and rank Non - Conforming uses based on the criteria identified in the 2011 EPA report, "NATIONAL CITY, CALIFORNIA, Recommendations for Ranking Properties with Non -Conforming Uses in the Westside Specific Plan Area." Altum will recommend to the City up to ten (10) properties for amortization, followed by coordination with the Property Valuation Consultant to prepare amortization schedules for up to five (5) Non -Conforming uses based on the provisions of National City Municipal Code, Section 18.11.100(D) which outlines the Termination Procedure through Amortization. Using the list of properties developed in Task 2, Altum will perform field surveys to confirm non -conforming uses and gather additional information for the identified properties in the Westside Specific Plan area that was not obtained in Task 2. Zoning verification, measurements, and photographs will be gathered to support the non -conforming ranking efforts. Following completion of the field surveys, two Altum staff will have one (1) teleconference call with the City to discuss the results. Deliverables for this task will include: —' Non -Conforming Properties List and Map - List and map of surveyed Non -Conforming properties and information gathered for each property within the Westside Specific Plan area. • Teleconference - One (1) teleconference with City Staff to discuss results of the field survey. Task 4: Draft Ranking of Non -Conforming Uses Using the results of Tasks 2 and 3 above, Altum will perform a draft ranking of non -conforming uses based on the criteria identified in the 2011 EPA report guidelines for ranking non -conforming uses. Following development of the draft rankings, Altum will provide the City with the draft rankings memorandum. Deliverables for this task will include: Draft Ranking Memorandum - Draft ranking list of up to 129 Non -Conforming properties with criteria used (MS Word and PDF). P:\proposalslproposals-20181P2196 National City - Amortization Non -Conforming Usesl correspondence idocumentsl proposalsIRevised Proposal March 2019\Exhibit A - Amortization -National City Proposal 3-25-19 Rev1.docx 16 259 of 271 Exhibit 'A' Mr. Ray Pe, Principal Planner Amortization of Non -Conforming Uses - Westside Specific Plan Area City of National City, California March 25, 2019 Page 4 The EAltum Group Task 5: Final ranking of Non -Conforming uses After City review of Draft Ranking Memorandum, Altum will have one (1) teleconference to coordinate with the City on preparation of the Final Ranking Memorandum. Altum will respond to one round of City comments on the Draft Ranking Memorandum and will prepare the Final Ranking Memorandum accordingly. This scope assumes that City staff will be responsible for any Public Hearing requirements as required by the City of National City and/or the State of California. Deliverables for this task will include: Ei Final Ranking Memorandum- Provision of a list of the identified Non -Conforming uses in the Westside Specific Plan area (MS Word and PD). Task 6: Amortization Schedule for Five Non -Conforming Properties In this task, Altum will coordinate with the City and property valuation consultant to prepare amortization schedules for up to five (5) Non -Conforming uses based on the provisions of National City Municipal Code Section 18.11.100(D), Affirmative Termination by Amortization. Under this Task, Altum will set aside the availability for one (1) Team Member to attend a total of one (1) meeting with City Staff and Property Owners. Deliverables for this task will include: Amortization Schedule for Five Non -Conforming Properties - Memorandum that outlines schedule for amortization for up to five (5) Non -Conforming use properties (MS Word and PDF). OPTIONAL TASKS If authorized by the City, Altum will complete the following optional tasks for an additional fee (as detailed in the Fee Schedule section, Optional Task subsection below). Task 7: Presentation to Planning Commission (Optional Task) For this optional task, Altum will have one (1) team member attend one (1) Planning Commission Hearing to support City staff. This scope assumes that City staff will be responsible for public notification of meetings and preparation of any staff reports and/or exhibits. Task 8: Presentation to City Council (Optional Task) For this optional task, Altum will have one (1) team member attend one (1) City Council Hearing to support City staff. This scope assumes that City staff will be responsible for public notification of meetings and preparation of any staff reports and/or exhibits. PROPOSED SCHEDULE The project is anticipated to take no longer than seven months to complete based on City approval for Tasks 1 through 6. Please see the attached schedule that provides further information for each task's estimated timing. P:\proposals\proposals-2018IP2196 National City - Amortization Non -Conforming Useslcorrespondencel documentslproposals\Revised Proposal March 20191Exhibit A - Amortization -National City Proposal 3-25-19 Revl.docx 17 260 of 271 Exhibit 'A' Mr. Ray Pe, Principal Planner Amortization of Non -Conforming Uses - Westside Specific Plan Area City of National City, California March 25, 2019 Page 5 The IAltum Group ASSUMPTIONS AND EXCLUSIONS The following list is not intended to be all-inclusive. If there are items deemed incorrect or necessary for the successful completion of the project, please notify us so that we may amend the scope of services and associated fee. 1. The Project Analysis will involve a total of 129 candidate properties being considered for potential amortization, as provided by the City of National City for Altum to review; 2. All project services not specifically described herein will require a separate proposal and executed contract/amendment, prior to performing said additional services; 3. Access to the subject properties for field survey is clear, or the property owner(s)/business owner(s) will give authorization for personnel to access each property; 4. If it is determined in agreement between the City and Altum that a selected property is no longer applicable as a Non -Conforming use, then that property will be removed from the selection list and if available, replaced with another Non -Conforming candidate property within the Westside Specific Plan Area to be evaluated for amortization; and 5. Optional Tasks 7 and 8 to only be performed if the City determines that Altum staff presence is needed for one (1) Team member to attend one (1) Planning Commission hearing and/or at one (1) City Council held hearing. These Optional Tasks will require additional Scope and Fee. FEE SCHEDULE The following summarizes Altum's Fees for Tasks 1 through 6 as described in our Scope of Services above. We have also included Tasks 7 and 8 as optional services, should the City be interested. All tasks are to be performed on a time and materials (T&M) basis. Please note Altum's Fee Schedule located in Appendix A. Services proposed for the Amortization of Non -Conforming Uses TASK 1 Project Kick -Off Meeting and Project Management $ 4,394 TASK 2 Data Research $ 19,930 TASK 3 Field Surveys and Review $ 18,244 TASK 4 Draft Ranking of Non -Conforming Uses Memo $ 11,778 TASK 5 Final Ranking of Non -Conforming Uses Memo $ 3,286 TASK 6 Amortization Schedule for Five Non -Conforming Properties $ 1,425 Direct Costs $ 6,800 CONTRACT TOTAL $ 65,857 Optional Services TASK 7 Presentation to Planning Commission $ 1,625 TASK 8 Presentation to City Council $ 1,625 P:\proposalsproposals-20181P2196 National City - Amortization Non -Conforming Uses jcorrespondence i documents l proposalsIRevised Proposal March 2019�Exhibit A - Amortization -National City Proposal 3-25-19 Revl.docx 18 261 of 271 APPENDIX A Fee Schedule City of National City March 25, 2019 DESCRIPTION Position Title Rate Hoursf$ Total le Task 1: Project kick-off/working Session Chris Moore Director $195 12 $ 2,340.00 Rich Malacoff Project Manager $152 7 5 1,064.00 Max Antono Assistant Planner $90 11 $ 990.00 Total Task 41 $ 4,394.00 Task 2: Data research --- 14 Chris Moore Director $195 $ 2,730.00 Rich Malacoff Project Manager $152 22 $ 3,344.00 Taku Shiozaki Planner $116 28 $ 3,248.00 Doug Kinley Planner $116 48 $ 5,568.00 Max Antono Assistant Planner $90 56 $ 5,040.00 Total Task #2 $ 19,930.00 Task 3: Field Surveys and Review Chris Moore Director $195 10 $ 1,950.00 Rich Malacoff Project Manager $152 12 $ 1,824.00 Taku 5hiozaki Planner $116 20 5 2,320.00 Max Antono Assistant Planner $90 135 5 12,150.00 Total Task 43 $ 18,244.00 Task 4: Draft ranking of nonconforming uses Chris Moore Director $195 12 $ 2,340.00 Rich Malacoff Project Manager $152 16 $ 2,432.00 Doug Kinley Planner $116 16 $ 1,856.00 Taku Shiozaki Planner $116 25 $ 2,900.00 Max Antono Assistant Planner $90 25 $ 2,250.00 TotalTask#4 $11Ortrin0 Task 5: Final ranking of nonconforming uses. Chris Moore Director $195 6 5 1,170.00 Rich Malacoff Project Manager $152 8 5 1,216.00 Max Antono Assistant Planner $90 10 5 900.00 Total Task 55 $ 3,286.001 Task 6: Meetings/interviews with City and Valuation Property Consultant. Chris Moore Max Antono Director Assistant Planner $195 $90 5 5 5 $ 975.00 450.00 Tut..l T;.,.. ,.1 5.00.1 Direct Costs. Direct Costs 6,800.00 Total $ 6,808.001 (Optional) Task 7: Presentation to Planning Comission. Chris Moore Director $195 5 $ 975.00 Max Antono Assistant Planner $90 5 5 450.00 Direct Costs $200 3'r Total Task#7 $ 1,625.00 (Optional) Task 8: Presentation to City Council. _,-, Chris Moore Director $195 5 $ 975.00 Max Antono Assistant Planner $90 5 $ 450.00 Direct Casts $200 Total Task #8 $ :_1,625.0.0, 65,857.00 P:\proposals\proposals-2015\P2196 National City -Amortization Nan -Conforming Uses\rcorrespondence\dot uments\proposaIs\Revised Proposal_March 2019\Revised Amortization Preliminary Cost Proposal_3-25-19 19 262 of 271 2019 Months Schedule Month 1 Month 2 City of National City r AI'i io tizar:ion o Non -Conforming Uses Month 3 Month 4 Month 5 Month 6 Month 7 ask1 project Kick-off ask 2 Data Research Task 3 Field Surveys and Review Task 4 Draft Ranking of Non -Conforming Uses Task 5 Final Ranking of liron-Conforming Uses Task 6 Meetings with City and Property/Business Owners Task 7 411 . Meeting Interviews with City and Property Valuation Consultant/Business Owners 20 263 of 271 ACQRO° CERTIFICATE OF LIABILITY INSURANCE DATE (M.MJDD/YYYY) 01 /17/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THiS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If tho certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to tho terms and conditions of the policy, certain policies may requlre an endorsement A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Ascend Insurance Agency 36917 Cook St. Ste 101 Palm Desert, CA 92211 License #: 0F44130 INSURED The Altum Group 73710 Fred Waring Dr, Ste 219 Palm Desert, CA 92260-2574 COVERAGES CERTIFICATE NUMBER: CONTACT NAME: Ana Santos PHONE �AM�.xQ._Exu- (760341-3477 1 EAIL ADDRESS: INSURER(S) AFFORDING COVERAGE WA, C, No): (760)341-3476 NAIC INSURER A: Valley Forge Rsurance C�1r pang 20508 INSURER B : California Automobile Insurance ComPanv 38342 c: Continental Casualty Company INSURER INSURER D IN INSURER F : 00000000-586631 Wesco Insurance Company SURER E: Argonaut Insurance Company REVISION NUMBER: 5 20443 25011 19801 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADM INS❑ SUER WVD PCLICY NUMBER POLICY EFF (MM/PD/YYYY) POLICY EXP iM,M/CD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY Y B 4018212239 05/01/2018 05/01/2019 EACH OCCURRENCE S 2,000,000 1 CLAIMS•MADE X OCCUR DAMAGE TO RX PREMISES E Eoccu r nce' S 300,000 S 10,000 Business Pers Prop MED EXP (Any ono person) PERSONAL B ADV INJURY S 2,000,000 GENL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 4,000,000 PRODUCTS - COMP/OPAGG S 4,000,000 S 114,199 S 1,000,000 BPP Limit B AUTOMOBILE X LIABILITY ANY AUTO OWNED SCHEDULE° H REDS ONLY � X fNvOONCWNED AUTOS ONLY LX.; AUTOS ONLY '. Y BA040000023643 09/01/2018 09/01/2019 (Ea eeaaeD SINGLE LIMIT BODILY INJURY (Per person) S BODILY INJURY (Per accident) S PROPERTY DAMAGE 1Per accident S S c _x UMBRELLAUAO 1X_ OCCUR EXCESS UAU 1 1 CLAIMS -MADE B 4018213150 05/01i2018 06/01/2019 EACHOCCURR$NCE s 3,000,000 AGGREGATE S 3,000,000 1 DED i X1 RETENTIONS 10,000 S D WORKERS COMPENSATION AND EMPLOYERS' uA81UTY ANY PROPRIETOR,PARTNE_R/EXECUTIVE Y / N OFFICER/MEMBER OCCLUDED? I N 1 (Mandatory In NH) If yes. desvibo u der DESCRIPTION OF OPERATIONS betow Ni A L Y WWC3343560 05/07/2018 05/07/2019 X STAPER ORTH- TJTr; E.L. EACH ACCIDENT S 1,000,000 E.L. DISEASE - EA EMPLOYEE, S 1,000,000 E.L DISEASE • POLICY LIMIT S 1,000,000 A E Inland Marine Professional Liab B 4018212239 121 AE 0001081-00 05/01/2018 06/23/2018 05/01/2019 06/23/2019 Scheduled Limit Per Occurence Limit 109,308 1,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may bo attached If more ewe Is required) Certificate holder, The City of National City, its elected officials, officers, agents, and employees, Is named as additional insured as it pertains to General Liability and Automobile Liability. Waiver of Subrogation Applies to the Worker Compensation Liability in favor of Certificate Holder. ALL PROJECTS/LOCATIONS CERTIFICATE HOLDER CANCELLATION City of National City 1243 National City Boulevard National City, CA 91950 ACORD 25 (2016iO3) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLUCYFROVISIONS. (ACS) 049a8-2015 ACORD CORPION, All rights reserved. The ACORD name and logo are registered marks of ACORD Printed by ACS on January 17, 2019 at 04:45PM 21 264 of 271 IIIIIIIUBIIIIII IIl11II111QIDtM1111U111] CWA Policy #B4018212239 Effective 05/01/2018 The Altura Group ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM SCHEDULE S83001130 (Ed. 6-16) Name Of Person Or Organization: The City of National City, its elected officials, officers, agents, and employees Information required to complete this Schedule, if not shown on this endorsement, will be shown in the Declarations. it is understood and agreed that the section entitled WHO IS AN INSURED is amended with the addition of the following: A. The person or organization shown in the Schedule Is an insured, but only with respect to such person or organization's liability for "bodily injury,' "property damage" or "personal and advertising injury" caused, In whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. in the performance of your ongoing operations; or 2. in connection with premises owned by or rented to you. B. However, if coverage for the additional insured Is required by written contract or written agreement, subject always to the terms and conditions of this policy, including the limits of Insurance, we will not provide such additional insured with: 1. coverage broader than required by such contract or agreement; or 2. a higher limit of insurance than required by such contract or agreement. C. The coverage granted by this endorsement does not apply to "bodily Injury" or "property damage" included within the "products -completed operations hazard." Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. sRlo0113D (Ed. 6-16) Copyright, CNA All Rights Reserved. 22 265 of 271 POLICY NUMBER: BA040000023543 COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: The Altum Group Endorsement Effective Date: 01/17/2019 SCHEDULE Name Of Person(s) Or Organization(s): The City of National City, its elected officials, officers, agents, and employees Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form, CA 20 48 10 13 © Insurance Services Office, Inc., 2011 23 266 of 271 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 04-84) WAIVER Of OUR RIGHT To RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right To recover our payments from anyone liable For an injury covered by this policy. We will Not enforce our right against the person Or organization named In the Schedule. (This agreement applies only To the extent that you perform work under a written contract that requires you To obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration Of your employees While engaged In the work described In the Schedule. The additional premium For this endorsement shall be 2% Of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description Any person or organization as required by written contract. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The Information below Is required only when this endorsement Is issued subsequent to preparation of the policy.) Endorsement Effective 5/7/2018 Policy No. WWC3343560 dorsement No. 0 Insured THE ALTUM GROUP (A CORP) i Premium $ 21874 Insurance Company Wesco Insurance Company Countersigned WC 04 03 06 (Ed. 04-84) 24 267 of 271 CC/CDC-HA Agenda 5/7/2019 — Page 268 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 an agreement with San Diego Metropolitan Transit System to license and regulate for -hire vehicles operating in the City of National City at no cost to the City. (Finance) Please scroll down to view the backup material. 268 of 271 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 7, 2019 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the City Manager to execute an agreement with San Diego Metropolitan Transit System to license and regulate for -hire vehicles operating in the City of National City at no cost to the City. PREPARED BY: Mark Roberts, Director of Finance PHONE: 619-336-4330 EXPLANATION: DEPARTMENT: Finance APPROVED BY: At its regular meeting on March 21, 2017, the City Council of the City of National City approved an agreement with San Diego Metropolitan Transit System ("MTS") to license and regulate for -hire vehicles operating in the City of National City (the "City") through June 30, 2019. With this agenda item, staff requests approval of a new agreement with MTS to continue to license agreement and regulate for -hire vehicles operating in the City from July 1, 2019 through June 30, 2024. FINANCIAL STATEMENT: ACCOUNT NO. NA APPROVED: `-'j/G�Q 4 ,�a Finance APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution, authorizing the Mayor to execute the agreement with San Diego Metropolitan Transit System. BOARD / COMMISSION RECOMMENDATION: NA ATTACHMENTS: 1. MTS agreement 2. Resolution zbyOTzn1 MTS Doc No. G2006.1-17 FIRST AMENDMENT TO AGREEMENT FOR ADMINISTRATION OF TAXICAB AND OTHER FOR -HIRE VEHICLE REGULATIONS BETWEEN SAN DIEGO METROPOLITAN TRANSIT SYSTEM AND CITY OF NATIONAL CITY THIS AGREEMENT is entered into by and between the City of National City, a municipal corporation, 1243 National City Boulevard, National City, CA (herein called "CITY"), and the San Diego Metropolitan Transit System, a public agency, 1255 Imperial Avenue, Suite 1000, San Diego, CA (herein called "MTS"), in view of the following recitals, which are a substantive part of this Agreement: RECITALS A. MTS is authorized under Section 120266, Chapter 2, Division 11 of the California Public Utilities Code (PUC), to enter into contracts to regulate transportation services within a city in its area of jurisdiction and with the County of San Diego; B. CITY is within MTS's jurisdiction created January 1, 1976, under Section 120050, et seq., Chapter 2, Division 11 of the PUC; C. CITY regulated taxicab and other for -hire vehicles in accordance with the National City Municipal Code, Chapter 11.70; D. CITY desires that MTS regulate taxicabs and other for -hire vehicles and services such as charter vehicles, sight-seeing vehicles, nonemergency medical vehicles, and jitney vehicles pursuant to PUC Section 120266 and in accordance with MTS Ordinance No. 11, "An Ordinance Providing for the Licensing and Regulating of Transportation Services Within the City and County"; E. CITY and MTS entered into an agreement for the period of March 21, 2017 through June 30, 2019; and F. CITY and MTS now desire to enter into an agreement to extend the period from July 1, 2019 through June 30, 2024. NOW THEREFORE, in consideration of the mutual covenants and conditions contained in this Agreement, CITY and MTS agree as follows: 1. MTS will administer and enforce its taxicab and other for -hire vehicles Ordinance policies and regulations as in effect on July 1, 2019, and as thereafter from time to time amended by MTS, and thereby regulate such taxicab and other for -hire vehicles and transportation services rendered wholly within the CITY's corporate limits during the period of July 1, 2019 through July 31, 2024, pursuant to PUC Section 120266 and in accordance with MTS Ordinance No. 11. 2. MTS will collect and administer all such regulatory fees, fines, and forfeitures as now or hereafter provided by the MTS Taxicab and Other For -Hire Vehicles Ordinance No. 11 policies, and regulations. 270 of 271 3. The CITY Manager and MTS Chief Executive Officer may supplement this agreement by executing a Memorandum of Understanding relative to administrative and operating procedures of taxicab and other for -hire vehicles regulation and to provide for reimbursable staff and legal support services. 4. This Agreement shall be effective upon execution by the City and MTS and shall continue until written notice of termination. This Agreement may be terminated at any time by either party upon 180 days' written notice to the other party. IN WITNESS THEREOF, this first amendment to the agreement is executed by the CITY acting by and through its City Manager pursuant to Council Resolution No. , and by MTS acting through its Chief Executive Officer. Dated this 1st day of July, 2019 CITY OF NATIONAL CITY SAN DIEGO METROPOLITAN TRANSIT SYSTEM Acting City Manager Paul C. Jablonski Stephen Manganiello Chief Executive Officer WE HEREBY APPROVE the form of the foregoing Agreement. Angil Morris -Jones Office of the General Counsel City Attorney Date: Date: Attest: -2- 271 of 271