HomeMy WebLinkAboutDraft Agenda Packet - 05-05-2020 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
MONA RIOS
Vice Mayor
JERRY CANO
Councilmember
RON MORRISON
Councilmember
GONZALO QUINTERO
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 5, 2020 - 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
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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.
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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
AWARDS AND RECOGNITIONS
PRESENTATIONS
INTERVIEWS / APPOINTMENTS
REGIONAL BOARDS AND COMMITTEE REPORTS (FIVE-MINUTE TIME
LIMIT)
CONSENT CALENDAR
1. Motion of the City Council of the City of National City approving the
waiving of the reading of the text of the Ordinances or Resolutions that are
having a Public Hearing considered at this meeting and providing that
such Ordinances or Resolutions shall be introduced and/or adopted after a
reading of the title only. (City Clerk)
2. 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 $41,560 from the FY19 Urban Area Security Initiative
(UASI) Grant Funds for the reimbursable grant purchase of equipment and
training for the Police and Fire Departments. (Fire)
3. Resolution of the City Council of the City of National City ratifying and
authorizing the acceptance of approximately $100,000 annually from
Citizens' Option for Public Safety (COPS) Program. This Citizens' Option
for Public Safety (COPS) Program allotment will fund essential police
equipment for front line law enforcement as needed; and to ratify and
authorize the establishment of an appropriation and corresponding
revolving revenue budget in the amount of the allotment within the
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Supplemental Law Enforcement Services Fund (SLESF). The monies in
this fund shall be available to be expended, without further Council action,
exclusively to the Police Department for front line law enforcement
services. (Police)
4. Resolution of the City Council of the City of National City Amending Policy
No. 107 by adding Section F titled "Unscheduled Vacancies for Mayor
Appointed Positions." (City Attorney)
5. Resolution of the City Council of the City of National City authorizing the
Mayor to execute a Second Amendment to the Agreement with Randall
Lamb Associates, Inc., extending the term of the Agreement by six months
to December 19, 2020, due to the immediate need for services to continue
based on delays caused by the COVID-19 pandemic. (Engineering/Public
Works)
6. Resolution of the City Council of the City of National City authorizing the
Mayor to execute a Second Amendment to the Agreement with SCST,
LLC, extending the term of the Agreement by six months to December 19,
2020, due to the immediate need for services to continue based on delays
caused by the COVID-19 pandemic. (Engineering/Public Works)
7. Resolution of the City Council of the City of National City authorizing the
Mayor to execute a Second Amendment to the Agreement with Neri
Landscape Architecture, extending the term of the Agreement by six
months to December 19, 2020, due to the immediate need for services to
continue based on delays caused by the COVID-19 pandemic.
(Engineering/Public Works)
8. Resolution of the City Council of the City of National City authorizing the
Mayor to execute a Second Amendment to the Agreement with D-MAX
Engineering, Inc., extending the term of the Agreement by six months to
December 5, 2020, due to the immediate need for services to continue
based on delays caused by the COVID-19 pandemic. (Engineering/Public
Works)
9. Resolution of the City Council of the City of National City authorizing the
Mayor to execute a Third Amendment to the Agreement with Countywide
Mechanical Systems, Inc., increasing the not -to -exceed amount of the
Agreement by $50,000, for a total Agreement amount of $220,412, and
extending the term of the Agreement by six months to February 28, 2021,
due to the immediate need for services to continue based on delays
caused by the COVID-19 pandemic. (Engineering/PublicWorks)
10. Resolution of the City Council of the City of National City approving an
amendment to the agreement by and between the City of National City,
the San Diego Unified Port District, Pasha Automotive Services
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(Applicant), GB Capital Holdings (Applicant), and ICF Jones & Stokes
(Consultant) for professional services to prepare an Environmental Impact
Report for the Balanced Plan project. (Planning)
11. Warrant Register #38 for the period of 3/11/20 through 3/17/20 in the
amount of $2,186,908.37. (Finance)
12. Warrant Register #39 for the period of 3/18/20 through 3/24/20 in the
amount of $2,788,673.66. (Finance)
PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS
13. Public Hearing on the First Amendment to the Citizen and Community
Participation Plan and second Public Hearing on the draft Five -Year
Consolidated Plan for HUD Program Years (PY) 2020 to 2024, and PY
2020 Action Plan for the U.S. Department of Housing and Urban
Development (HUD) Community Development Block Grant (CDBG) and
HOME Investment Partnerships (HOME) Programs. (Housing Authority)
14. Public Hearing and Adoption of an Ordinance of the City Council of the
City of National City Establishing Local Campaign Contribution Limits.
(City Clerk and City Attorney)
NON CONSENT RESOLUTIONS
15. 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 2020/21.
(Planning)
16. 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 2020/21. (Planning)
17. Resolution of the City Council of the City of National City declaring its
intention to conduct a Public Hearing on June 2, 2020 and to levy and
collect assessments for Landscape Maintenance District No. 1 (Mile of
Cars) for Fiscal Year 2020/2021. (Planning)
NEW BUSINESS
B. COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY
CONSENT RESOLUTIONS - HOUSING AUTHORITY
PUBLIC HEARINGS: RESOLUTIONS - HOUSING AUTHORITY
NON CONSENT RESOLUTIONS - HOUSING AUTHORITY
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NEW BUSINESS - HOUSING AUTHORITY
C. REPORTS
STAFF REPORTS
18. Community Services and Neighborhood Services Update on Special
Events. (Community Services and Neighborhood Services)
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 19, 2020 - 6:00 p.m. - Council Chambers - National City, California.
City Council Legislative Recess:
July 7, 2020 - City Council Meeting - Dispensed With
July 21, 2020 - City Council Meeting - Dispensed With
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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 or Resolutions that are having a Public Hearing considered at this meeting
and providing that such Ordinances or Resolutions shall be introduced and/or adopted
after a reading of the title only. (City Clerk)
Please scroll down to view the backup material.
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Item #
05/05/20
MOTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL
CITY APPROVING THE WAIVING OF THE READING OF THE
TEXT OF THE ORDINANCES OR RESOLUTIONS THAT ARE
HAVING A PUBLIC HEARING CONSIDERED AT THIS MEETING
AND PROVIDING THAT SUCH ORDINANCES OR RESOLUTIONS
SHALL BE INTRODUCED AND/OR ADOPTED AFTER A READING
OF THE TITLE ONLY.
(City Clerk)
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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 $41,560 from the FY19 Urban Area Security Initiative (UASI)
Grant Funds for the reimbursable grant purchase of equipment and training for the Police
and Fire Departments. (Fire)
Please scroll down to view the backup material.
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CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: May 5, 2020 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 $41,560 from
the FY19 Urban Area Security Initiative (UASI) Grant Funds for the reimbursable grant purchase of
equipment and training for the Police and Fire Departments. (Fire)
PREPARED BY: Frank Parra DEPARTMENT: Fi
PHONE: 1(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 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 $41,560 from the FY19 Urban Area Security Initiative (UASI) Grant Funds. The appropriation
will be used to purchase $10,000 in equipment and $31,560 for training for the Fire and Police
Departments.
FINANCIAL STATEMENT: APPROVED: i`f ea/ Finance
ACCOUNT NO. APPROVED:
(Expenditure Account: 282-411-952-226-0000 Training - $18,560.00, 282-412-952-226-0000 Training - $13,000.00;
282-412-952-306-0000 Computer Equipment - $10,000
Revenue Account: 282-11952-3498 - $18,560.00 & 282-12952-3498 - $23,000.00. No City match required.
ENVIRONMENTAL REVIEW:
This is not a project and, therefore, not subject to environmental review.
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
MIS
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 FY19 Urban Area Security Initiative (UASI) grant funds
2. Resolution
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AGREEMENT BETWEEN THE CITY OF
SAN DIEGO OFFICE OF HOMELAND SECURITY AND THE
CITY OF NATIONAL CITY
FOR THE DISTRIBUTION OF FY 2019 UASI GRANT FUNDS
THIS AGREEMENT is made this day of May 5, 2020 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 liigh 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 Program Manager 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 grantedby the DIIS 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 19 UASI — SUBRECIPIENT
Page 1 of 20 September 1, 2019
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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#: 072494073 ) under this Agreement. This Agreement shall specifically cover funds allocated
or disbursed from Cal OES Grant No. 2019-0035, Cal OES ID No. 073-66000, CFDA No. 97.067, per
Cal OES award notice dated September 26, 2019.
(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 Program Manager 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).
(j) "Simplified Acquisition Threshold" means the dollar amount below which a non -
Federal entity may purchase property or services using small purchase methods.
(lc) "UASI Management Team" shall mean The City of San Diego Office of Homeland
Security Program Manager, Program Coordinator, as well as project, grant, and administrative staff. The
Program Manager appoints members to the Management Team to implement the policies of the UAWG.
(1) "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.
FY 19 UASI— SUBRECIPIENT Page 2 of 20 September 1, 2019
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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 DI -IS 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 fmally
executed, it assumes all risk of possible non -allocation or non -reimbursement of funds, andsuch
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 19 UASI — SUBRECIPIENT
Page 3 of 20 September 1, 2019
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ARTICLE 3
PERFORMANCE OF THE AGREEMENT
3.1 Duration of Term. The term of this Agreement shall commence on SEPTEMBER 1, 2019
and shall end at 11:59 p.m. San Diego time on APRIL 30, 2022.
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 Program Manager 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 Program Manager, 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 Standard Assurances; Other Requirements; Cooperation with Monitoring.
(a) SUBRECIPIENT shall comply with all Standard Assurances included in Appendix B,
attached hereto and incorporated by reference as though fully set forth herein.
(b) In addition to complying with all Standard 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 19 UASI— SUBRECIPIENT
Page 4 of 20 September 1, 2019
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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 (Le., 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.
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(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.
(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
list to assure that its contractors, at any tier do not make awards in violation of the non -procurement
debarment and suspension common rule.
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(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
(e) 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: Standard 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 SU.BRECIPIENT. 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
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.
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(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 SU.BRECIPIENT. 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.
(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
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may be placed on the project as the result of FEMA's and/or Cal 'DES'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
requests 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 Standard Assurances in Appendix B.
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
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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.
(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.
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(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
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.
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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 Comely 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 Iiquidation 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
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.
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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 incurredafter 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
law or in equity by statute or otherwise and the exercise of any such remedy shall not preclude or in any
way be deemedto waive any other remedy.
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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:
City of National City
343 E. 16th Street
National City, CA 91950
Attn: Walter Amedee, Management Analyst III
Facsimile No.: (619) 336-4328
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
confirmation is not reasonably practicable, the date indicated in the facsimile machine transmission report
of the party giving such notice. .
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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 notbe 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 Program Manager 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 relativeto 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, Standard 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.
10.8 Severabilitv. 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
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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 Standard 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.
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(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 RequirementsRegarding 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.
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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.
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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.
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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: SUBRECIPIENT:
By:
KATHERINE JACKSON
PROGRAM MANAGER
OFFICE OF HOMELAND SECURITY
Approved as to Form:
Mara W. Elliott
City Attorney
By:
Deputy City Attorney
By:
ALEJANDRA SOT.ELO-SOLIS
MAYOR
Federal Tax 1D #: 95-6000749
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Appendix A — SUBRECIPIENT Award Letter
rho c,iryc►f
SAf DBE
Office of Homeland Security
March 18, 2020
Alejandra Sotelo-Solis
Mayor
City of National City
1243 National City Blvcl
National City, CA 91950
SUBJECT: NOTIFICATION OF SUBRECIPIENT AWARD APPROVAL
FY 2019 Homeland Security Grant Program
Grant# 2019-0035 Cal OES I.D# 073-66000
Sub -recipient Performance Period: September I, 201.9 to December 31, 2021
Sub -recipient: City of National City
The San Diego Office. of Homeland Security (SD OHS) has approved your FY19 Urban Area Security Initiative
(UASI) award.
Reimbursement Claim
Activities: Amount: Due Date:
.All Projects $41,560
Project 002 — Situation Awareness Applications $10,000
Project 027 -- Regional Training Participation* $31,560
September 15, 2021.
September 15, 2021
'rTraining Conduct and Participation funds are limited to approved courses (see Attachment A).
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
identified in the HSGP application as indicators of performance and this information may be used in assessing
future competitive grant applications. AU 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 environrnental and historic preservation
(EHP) requirements. Additionally, Aviation/Watercratl 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
$250,000, including any aviation or watercraft financed with homeland security dollars. Performance bonds must
be submitted to your UASI Program Representative no later than the time of reimbursement.
FY19 UASI - Subrecipient A-1
T {619) 533-6760
sancrlega.av
September 1 2019
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City of National City
March 18, 2020
Page 2
Following acceptance of this award, you must sign and return the SD OFIS Memorandum of Understanding
(MOU) as well as the Cal OES standard assurances. Once your completed MOU and standard assurances are
signed and received by our office, you may request reimbursement of eligible grant expenditures.
Your agency must coordinate with SD OHS to prepare and submit quarterly projections and milestone
reporting via email so that SD OHS can comply with the semi-annual BSIR reporting for the duration
of the grant period or until you complete all activities and the grant is formally closed. Failure to submit
required reports could result in grant reduction, suspension, or termination.
This grant is subject to all provisions of 2 CFR Part 200. Any funds received in excess of current needs,
approved amounts, or those found owed as a result of a final review or audit, must be refunded to SD OHS
within 30 days upon receipt of an invoice from SD OHS.
Your dated signature is required on this letter. Please sign and return the original to your UASI Program
Representative at 9601 Ridgehaven Court, San Diego CA 92123 within 45 days of receipt and keep a
copy for your files.
Fo.r further assistance, please feet free to contact your SD OHS UASI Program Representative at (619)
533-6758.
Katherine Jackson
Program Manager
City of San Diego Office of Homeland Security
Alejane'a to o-Soli
Mayor, City of National City
Date
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Appendix B—HSGP Standard Assurances
Name of Jurisdiction: City of National City
Name of Authorized Agent:Alejandra Sotelo Soli$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.
I 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) Federal Preparedness Grants Manual;
(d) California Supplement to the NOFO; and
(e) 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.
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.
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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, 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 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.
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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;
(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 (rn), 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,
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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 1-969-(PAL 91-190);;-the Council on EnvironmentalQualityRegulations 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.
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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 subrecipient, 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
FY 19 UAS1— SUBRECIPIENT
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(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)
(d) Assist the awarding agency in assuring compliance with Section 106 of the
(e) 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
(f) 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.
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.
FY 19 UASI — SUBRECIPIENT B-7 September 1, 2019
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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 (HSGPI — 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 CRCLAhq.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.
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 collectPll
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 nurnber) to any work first
produced under federal financial assistance awards.
FY 19 UASI — SUBRECIPIENT
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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.
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.
FY 19 UASI — SUBRECIPIENT B-9
September,1, 2019
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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 19 UASI — SUBRECIPIENT
B-10 September 1, 2019
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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 1 5-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 ofAuthorized Agent:
Printed Name of Authorized Agent: Alejandra Sotelo-Solis
Title: Mayor Date: May 5, 2070
FY 19 UASI — SUBRECIPIENT
B-11 September 1, 2019
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The City of
SAN
DIEGO
Office of Homeland Security
Signature Authorization Form
FY 2019 Homeland Security Grant Programs
Jurisdiction:
Date Signed:
The below named personnel are authorized to sign for the following Homeland Security Grant Programs: Urban Area Security Initiative (UASI).
NAME
(TYPED/PRINTED)
SIGNATURE
TELEPHONE
NUMBER
E-MAIL ADDRESS
This form supersedes all others for above indicated jurisdiction. Requests for reimbursement signed by staff not identified in this form will not be
processed.
Authorized Agent Printed Name and Signature
0
0
N
0
M
Mail form to City of San Diego, Office of Homeland Security, 9601 Ridgehaven Ct, MS 1101C, San Diego, CA 92123
Phone No.
APPENDIX D — PERFORMANCE PERIOD EXTENSION REQUEST
PROJECT D:
TOTAL
PROJECT E:
TOTAL
PROJECT G:
TOTAL
All Investments TOTAL
FY 19 UASI — SUBRECIPIENT
D-2 September 1, 2019
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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 managementprocess 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 E:
TOTAL
FY 19 UASI — SUBREC.IPIENT
D-1
September 1, 2019
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Appendix C -- Form of Reimbursement Request
REIMBURSEMENT REQUEST
GRANT:
JURISDICTION:
CASH REQUEST INVOICE DETAIL BREAKDOWN
CASH REQUEST #
Proj
Vendor
Invoice #
Invoice Date
AEL# ..
.Cost...
Freight
Tax Rate
TaxAmt
Total Cost .
Disallowed
Claim
Amount
Comment
TOTALAEL
-
-
-
-
TOTALAEL
-
-
-
TOTALAEL
-
-
-
TOTAL AEL
-
_
-
-
-
TOTAL AEL
-
-
-
TOTAL AEL
.-
TOTAL
$ -
$ -
$ -
$ -
$ -
$ -
$ -
TOTAL CLAIM
$ -
INVOICE #
TOTAL
FY19 UASI -SUBRECIPIENT
C-7
September 1, 2019
Appendix C — Form of Reimbursement Request
REIMBURSEMENT REQUEST
Per Diem Expenses for (Employee Name) (Name of Event)
Date
Total
Breakfast
-
Lunch
-
Dinner
-
Snack
Tips
_
Total Meals
-
-
-
-
-
-
-
-
-
_
-
-
GSA Per Diem Meals & Inc Exp. Max
Reimbursable Meal Amount
-
-
-
-
-
-
-
-
-
-
-
-
-
Lodging Paid including taxes and fees
-
GSA Per Diem Lodging (excluding taxes & fee)
Reimbursable Lodging w taxes and
fees
-
-
-
-
-
-
-
-
-
-
-
-
-
Mileage
-
Airfare
Registration
-
Parking
-
Taxi
Total Reimbursable for
-
-
-
-
-
-
-
-
-
-
-
-
-
-
Total Reimbursable for -
Total Reimbursable for Claim
FYI9 UASI - SUBRECIPIENT
C-6 September 1, 2019
Appendix C -- Form of Reimbursement Request
REIMBURSEMENT REQUEST
Grant: FYI9 UASI Grant #2019-0035
Ca1OES 4073-66000 CFDA #97.067
Cash Request
Office of Homeland Security
FY19 Urban Area Security Inititive Grant Program
PERSONNET :'
through :
Claim Period of Ex aditure Start Date LClaim Period otEa eaditure End Date
Project
Number.
Discipline.
Solution
.Period;of. ':•
Expenditure
Billable Hour Breakdown
Total Salary &;
Benefits
Charged for thus
Reporting ;'':'
:- Per od
Hourly Rate
Overtime
Race
_Total Project::.
•Hairs :`
•
Total.Charged
to:.Grant
$
$
$
$
s
$
$
$
$
$
$
$
s
$
$
$
$
$
$
$
$
$
S
$
$
$
$
s
FY19 UASI - SUBRECIPIENT
C-5
September I, 20I9
Appendix C -- Form of Reimbursement Request
REIMBURSEMENT REQUEST
Grant FYI9 UASI Grant #2019-0035
Ca1OES #073-66000 CFDA #97.067
Cash Request#
Project
Number,
Office of Homeland Security
FY19 Urban Area Security Inititive Grant Program
CONSULTANT / CONTRACTOR
SolutionArea
' Expenditure..
Category ,.;
Ter!ormaucePeriod StartDatel: ?:';'
through::.:.
•(?erformaaeGPeriod End.Datt:':
Billable Hour Breakdown
Total: Salary;&.:
:;sBenefts.=
Charged for flue
-Reporting;:
Period
HourlyBiuing
•
TotalProj ect.
Hours .::..
Total::
Charged to...
Grant "`
$
$
$
$
s
$
$
$
$
$
S
$
FY19 UASI - SUBRECIPIENT
C-4 September 1.2019
2- ppcAAU17i t_, -- 1V1III 111 J'.W1UiUULJG1I1 11L itcyU SL
REIMBURSEMENT REQUEST
Jurisdiction:
Office of Homeland Security
FY19 Urban Area Security Initiative Grant Program
Training/Exercise Costs Detail Worksheet
Grant: FY19 UASI Grant #2019-0035
Ca1OES #073-66000 CFDA #97.067
Course
Deliveryunion
/ Regstration /
Materials)
Overtime &
Backlill
Travel (Minus
Tuition /
Registration /
Materials)
Total
$ -
$
$ -
$ -
$ -
$ -
$ -
$ -
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
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.
FY19 UASI - SUBRECTPIENT
C-3 September 1, 2019
Appendix C -- Form of Reimbursement Request
REIMBURSEMENT REQUEST
Cover Sheet (Invoice)
Office of Homeland Security
FY19 Urban Area Security Initiative Grant Program
Award #2019-0035
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:
9601 Ridgehaven Ct, MS 1101C
San Diego, CA 92123
Expenditure Period:
Type of Expenditure
Project #
Reimbursement Requested
Equipment
Training
Planning
Organization
Exercise
Total
$
..
For questions regarding this reimbursement request contact
Name
Phone
Email
Remittance Address (Address check will be mailed to)
FY19 UASI - SUBRECIPIENT
C-2
September 1, 2019
51 of 206
tiVI)CliUu -- rulin ul I<clllIVU[.l'cIIiGUL i\CCtLIG,L
REIMBURSEMENT REQUEST
City of San Diego Office of Homeland Security
FY19 Urban Area Security Initiative Grant
Grant: FY19 UASI Grant #2019-0035
CaIOES #073-66000 CFDA #97.067
Supporting Information for Cash Request
'Cash Request #
Cash`Request Amount
Under Penalty of Perjury I certify that:
(Performance. Period Start Date)
DUNS#:;
through ..>: •.r
... :......
(Performance Period End Date)
• 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. Futhermore, 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 fraudelent 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 or Default has occurred and is continuing.
• The undersigned is an officer of SUBRECIPIENT authorized to execute this Reimbursement Request on behalf of
SUBRECIPIENT.
Printed Name:
Title:
Mailing Address:
Remittance Address:
Signature
Phone Number:
Email Address:
Mail Reimbursement Request To:
City of San Diego Office of Homeland Security
Grants Management Section
9601 Ridgehaven Ct, MS 1101 C
San Diego, CA 92123
Date:
FY19 UASI - SUBRECIPIENT
C-1 September 1, 2019
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CC/CDC-HA Agenda
5/5/2020 — Page 53
The following page(s) contain the backup material for Agenda Item: Resolution of the
City Council of the City of National City ratifying and authorizing the acceptance of
approximately $100,000 annually from Citizens' Option for Public Safety (COPS)
Program. This Citizens' Option for Public Safety (COPS) Program allotment will fund
essential police equipment for front line law enforcement as needed; and to ratify and
authorize the establishment of an appropriation and corresponding revolving revenue
budget in the amount of the allotment within the Supplemental Law Enforcement
Services Fund (SLESF). The monies in this fund shall be available to be expended,
without further Council action, exclusively to the Police Department for front line law
enforcement services. (Police)
Please scroll down to view the backup material.
53 of 206
MEETING DATE:
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
AGENDA ITEM NO.:
ITEM TITLE:
Resolution of the City Council of the City of National City ratifying and authorizing the acceptance of approximately $100,000
annually from Citizens' Option for Public Safety (COPS) Program. This Citizens' Option for Public Safety (COPS) Program
allotment will fund essential police equipment for front line law enforcement as needed; and to ratify and authorize the
establishment of an appropriation and corresponding revolving revenue budget in the amount of the allotment within the
Supplemental Law Enforcement Services Fund (SLESF). The monies in this fund shall be available to be expended, without
further Council action, exclusively to the Police Department for front line law enforcement services.
PREPARED BY: Jeffrey Meeks, Sergeant DEPARTMENT: Police
PHONE: (619) 336-4446 APPROVED BY:
EXPLANATION:
The City of National City is allocated approximately $100,000 in funding every fiscal ear via the SLESF/COPS
Program for frontline municipal police services. The City is not required to allocate any up -front costs or matching
funds in order to receive the funds. This allocation is distributed by the County of San Diego to each city within 30
days of receipt from the State; as of January 2020, the City will continue to receive approximately $100,000 from
the County every year. The funding amount is based on the amount of monies allocated to each county by the
state, then divided by populations of each city. The Police Department proposes to use the total allocation of
monies toward the purchase of essential police equipment as needed. The allocation shall be expended
exclusively to provide front line law enforcement services.
FINANCIAL STATEMENT: APPROVED:
ACCOUNT NO. APPROVED:
208-411-919-518-0000 COPS (Citizens' Options for Public Safety allocation)
No matching funds required
ENVIRONMENTAL REVIEW:
ORDINANCE: INTRODUCTION
FINAL ADOPTION
FINANCE
MIS
STAFF RECOMMENDATION:
Adopt the resolution.
BOARD / COMMISSION RECOMMENDATION:
ATTACHMENTS:
1. Attachment 1
O4 OT 206
TRACY DRAG ER
AUDITOR AND CONTROLLER
(858) 694-2176
FAX. (8581 694-2296
April 10, 2020
RECEIVED
APR 13 2020
CITY OF NATIONAL CITY
CITY MANAGER'S OFFICE
!Inurttu n.f vat c iigf
AUDITOR AND CONTROLLER
5530 OVERLAND AVE. SUITE 410, SAN DIEGO, CA 92123-1261
Brad Raulston, City Manager
City of National City
1243 National City Boulevard
National City, CA 91950-4301
Dear Mr. Raulston:
FISCAL YEAR 2019/20 CITIZEN'S OPTION FOR PUBLIC SAFETY (COPS) PROGRAM
FUNDING
The County of San Diego received an allocation for the February COPS funding in the
Enhancing Law Enforcement Activities Subaccount within the Local Revenue Fund 2011.
Pursuant to section 30061 of the Government Code, National City's proportionate share for the
fiscal year is $100,000.
Enclosed is a warrant of $10,000 for the month of February. The legislation requires the money
to be deposited in the City's Supplemental Law Enforcement Services Account (SLESA).
If you have any questions, please contact Jonathan Quan at (858) 694-2107.
Sincerely,
BABETTE BALTAZAR, Manager
Projects, Revenue and Grants Accounting
PRGA:BB:koa
Enclosure
55 of 206
THE FACE OF THIS DOCUMENT CONTAINS A COLORED SECURITY TINT BACKGROUND ON WHITE PAPER.
'hi surer PAY TO THE ORDER OF
wiii
NATIONAL CITY, CITY OF
1243 NATIONAL CITY BLVD
NATIONAL CITY CA 91950-4397
56-1544/441 Warrant No.
3093514
Date of Issue : 04/10/202
$ ""10,000,00
VOID IF NOT PRESENTED tb COUNTY TREASURER WITHIN
SIX MONTHS FOMDATE or ISSUE, GOV'tCODE SECT. 29802
THE BACK OF THIS DOCUMENT CONTAINS AN ARTIFICIAL WATERMARK - HOLD AT AN ANGLE TO VIEW.
iiuOOc;.35 kil'
L51-0-.31:
PLEASE ADDRESS CORRESPONDENCE REGARDING THIS PAYMENT
GC30061
1 OAPR2020
309 L5195E10
SAN DIEGO COUNTY
AUDITOR AND CONTROLLER
5530 OVERLAND AVENUE,STE 410
SAN DIEGO,CA 92123-1261
(858) 694-2053
DEScRIpTroN
SLESA FUNDS PER GC30061 (COPS)
WARRANT No. 3093514
• . '
. DISC AMT
0.00
NET AMOUNT'
10,000.00
,
10000.00'
56 of 206
RECEIVED
TRACY DRAGER
AUDITOR AND CONTROLLER
(858) 694-2176
FAX: (858) 694-2296
April 10, 2020
APR 13 2020
CITY OF NATIONAL CITY
CITY MANAGER'S OFFICE
1 .aunty of ,an iQgo
AUDITOR AND CONTROLLER
5530 OVERLAND AVE, SUITE 410, SAN DIEGO, CA 92123-1261
Brad Raulston, City Manager
City of National City
1243 National City Boulevard
National City, CA 91950-4301
Dear Mr. Raulston:
FISCAL YEAR 2019/20 CITIZEN'S OPTION FOR PUBLIC SAFETY (COPS) PROGRAM
FUNDING
The County of San Diego received an allocation for the February COPS funding in the
Enhancing Law Enforcement Activities Subaccount within the Local Revenue Fund 2011.
Pursuant to section 30061 of the Government Code, National City's proportionate share for the
fiscal year is $100,000.
Enclosed is a warrant of $10,000 for the month of February. The legislation requires the money
to be deposited in the City's Supplemental Law Enforcement Services Account (SLESA).
If you have any questions, please contact Jonathan Quan at (858) 694-2107.
Sincerely,
BABETTE BALTAZAR, Manager
Projects, Revenue and Grants Accounting
PRGA:BB:koa
Enclosure
57 of 206
CC/CDC-HA Agenda
5/5/2020 — Page 58
The following page(s) contain the backup material for Agenda Item: Resolution of the
City Council of the City of National City authorizing the Mayor to execute a Second
Amendment to the Agreement with Randall Lamb Associates, Inc., extending the term of
the Agreement by six months to December 19, 2020, due to the immediate need for
services to continue based on delays caused by the COVID-19 pandemic.
(Engineering/Public Works)
Please scroll down to view the backup material.
58 of 206
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: May 5, 2020
AGENDA ITEM NO.
ITEM TITLE:
Resolution of the City Council of the City of National City authorizing the Mayor to execute a Second
Amendment to the Agreement with Randall Lamb Associates, Inc., extending the term of the Agreement by six
months to December 19, 2020, due to the immediate need for services to continue based on delays caused by
the COVID-19 pandemic.
PREPARED BY: Tirza Gonzales, Management Analyst II
PHONE: 619-336-4318
EXPLANATION:
See attached.
DEPARTMENT: Engi
APPROVED BY:
blic Works
FINANCIAL STATEMENT:
ACCOUNT NO.
None
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED:
APPROVED:
Finance
MIS
STAFF RECOMMENDATION:
Adopt Resolution executing a Second Amendment to the Agreement with Randall Lamb Associates,
Inc.
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
1. Explanation
2. Second Amendment to Agreement
3. Resolution
59 of 2061
Explanation:
On June 20, 2017, per City Council Resolution No. 2017-134, the City of National City
entered into an Agreement with Randall Lamb Associates, Inc., to provide on -call
support services for National City's Capital Improvement Program (CIP), including, but
not limited to, project management; mechanical, electrical and plumbing engineering; air
barrier auditing and commissioning; energy solutions; construction support; plan
reviews; constructability reviews; community outreach and communications. The
original Agreement is for a not -to -exceed amount of $1,000,000 and a term of two
years, with the option to extend for an additional period of up to one year.
On April 16, 2019, the City Council adopted Resolution No. 2019-53, approving the First
Amendment to the Agreement increasing the not -to -exceed amount by $250,000, for a
total Agreement amount of $1,250,000, and extending the term of the Agreement by
one year to June, 19, 2020.
Due to the immediate need for project support services to continue based on delays
caused by the COVID-19 pandemic, staff is requesting City Council approval of a
Second Amendment to the Agreement with Randall Lamb Associates, Inc. extending
the term of the Agreement by six months to December 19, 2020, with no changes to the
total contract amount.
60 of 206
SECOND AMENDMENT TO THE AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
RANDALL LAMB ASSOCIATES, INC.
THIS SECOND AMENDMENT TO THE AGREEMENT is entered into this 5th day of
May, 2020, by and between the CITY OF NATIONAL CITY, a municipal corporation
("CITY"), and RANDALL LAMB ASSOCIATES, INC., a corporation (the
"CONSULTANT").
RECITALS
WHEREAS, The CITY and the CONSULTANT entered into an Agreement on June 20,
2017, ("the Agreement") per City Council Resolution No. 2017-134, to provide on -call support
services for National City's Capital Improvement Program (CIP), including, but not limited to,
project management; mechanical, electrical, and plumbing engineering; air barrier auditing and
commissioning; energy solutions; construction support; plan reviews; constructability reviews;
community outreach and communications, for a not to exceed amount of $1,000,000 and a term
of two years, with the option to extend for an additional period of one year.
WHEREAS, on April 16, 2019, the City Council adopted Resolution No. 2019-53,
approving the First Amendment to the Agreement increasing the not -to -exceed amount by
$250,000, for a total Agreement amount of $1,250,000, and extending the term of the Agreement
by one year to June, 19, 2020.
WHEREAS, the parties desire to extend the term of the Agreement by six months to
December 19, 2020, due to the immediate need for services to continue based on delays caused
by the COVID-19 pandemic.
AGREEMENT
NOW, THEREFORE, the parties hereto agree that:
1. The term of the Agreement is hereby extended to December 19, 2020.
2. The First Amendment to the Agreement, which was approved by the City Council on
April 16, 2019, increased the contract amount of the Agreement to $1,250,000; said
amount shall continue to be the total not to exceed amount of the Agreement.
61 of 206
3. The parties further agree that, other than the foregoing exceptions, each and every
term and provision of the June 20, 2017 Agreement shall remain in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to
the Agreement on the date and year first above written.
CITY OF NATIONAL CITY
RANDALL LAMB ASSOCIATES, INC.,
A CORPORATION
(Signatures ()limo corporate officers required)
By: By:
Alejandra Sotelo-Solis, Mayor (Signature)
APPROVED AS TO FORM:
(Print Name)
(Title)
By: Angil P. Morris -Jones
City Attorney By:
(Signature)
(Print Name)
(Title)
Second Amendment to Agreement Page 2 of 2
City of National City and
May 5, 2020 Randall Lamb Associates, Inc.
62 of 206
CC/CDC-HA Agenda
5/5/2020 — Page 63
The following page(s) contain the backup material for Agenda Item: Resolution of the
City Council of the City of National City authorizing the Mayor to execute a Second
Amendment to the Agreement with SCST, LLC, extending the term of the Agreement by
six months to December 19, 2020, due to the immediate need for services to continue
based on delays caused by the COVID-19 pandemic. (Engineering/Public Works)
Please scroll down to view the backup material.
63 of 206
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: May 5, 2020
AGENDA ITEM NO.
ITEM TITLE:
Resolution of the City Council of the City of National City authorizing the Mayor to execute a Second
Amendment to the Agreement with SCST, LLC, extending the term of the Agreement by six months to
December 19, 2020, due to the immediate need for services to continue based on delays caused by the
COVID-19 pandemic.
PREPARED BY: Tirza Gonzales, Management Analyst II
PHONE: 619-336-4318
EXPLANATION:
See attached.
DEPARTMENT: Engin- r' g/Public Works
APPROVED BY:
FINANCIAL STATEMENT:
ACCOUNT NO.
None
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED:
APPROVED:
Finance
MIS
STAFF RECOMMENDATION:
Adopt Resolution executing a Second Amendment to the Agreement with SCST, LLC.
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
1. Explanation
2. Second Amendment to Agreement
3. Resolution
64 of 206
Explanation:
On June 20, 2017, per City Council Resolution No. 20'17-135, the City of National City
entered into an Agreement with SCST, LLC, to provide on -call support services for
National City's Capital Improvement Program (CIP), including, but not limited to,
geotechnical, soils and materials testing. The original Agreement is for a not -to -exceed
amount of $500,000 and a term of two years, with the option to extend for an additional
period of up to one year.
On April 16, 2019, the City Council adopted Resolution No. 2019-54, approving the First
Amendment to the Agreement increasing the not -to -exceed amount by $125,000, for a
total Agreement amount of $625,000, and extending the term of the Agreement by one
year to June, 19, 2020.
Due to the immediate need for project support services to continue based on delays
caused by the COVID-19 pandemic, staff is requesting City Council approval of a
Second Amendment to the Agreement with SCST, LLC, extending the term of the
Agreement by six months to December 19, 2020, with no changes to the total contract
amount.
65 of 206
SECOND AMENDMENT TO THE AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
SCST, LLC
THIS SECOND AMENDMENT TO THE AGREEMENT is entered into this 5th day of
May, 2020, by and between the CITY OF NATIONAL CITY, a municipal corporation
("CITY"), and SCST, LLC, a limited liability company (the "CONSULTANT").
RECITALS
WHEREAS, The CITY and the CONSULTANT entered into an Agreement on June 20,
2017, ("the Agreement") per City Council Resolution No. 2017-135, to provide on -call support
services for National City's Capital Improvement Program (CIP), including, but not limited to,
geotechnical, soils and materials testing, for a not to exceed amount of $500,000 and a term of
two years, with the option to extend for an additional period of one year; and,
WHEREAS, on April 16, 2019, the City Council adopted Resolution No. 2019-54,
approving the First Amendment to the Agreement increasing the not -to -exceed amount by
$125,000, for a total Agreement amount of $625,000, and extending the term of the Agreement
by one year to June, 19, 2020.
WHEREAS, the parties desire to extend the term of the Agreement by six months to
December 19, 2020, due to the immediate need for services to continue based on delays caused
by the COVID-19 pandemic.
AGREEMENT
NOW, THEREFORE, the parties hereto agree that:
1. The term of the Agreement is hereby extended to December 19, 2020.
2. The First Amendment to the Agreement, which was approved by the City Council on
April 16, 2019, increased the contract amount of the Agreement to $625,000; said
amount shall continue to be the total not to exceed amount of the Agreement.
66 of 206
3. The parties further agree that, other than the foregoing exceptions, each and every
term and provision of the June 20, 2017 Agreement shall remain in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to
the Agreement on the date and year first above written.
CITY OF NATIONAL CITY
SCST, LLC
(Signatures of two corporate officers required)
By:
By: (Signature)
Alejandra Sotelo-Solis, Mayor
(Print Name)
APPROVED AS TO FORM:
(Title)
By: Angil P. Morris -Jones By:
City Attorney (Signature)
Seeond Amendment to Agreement Page 2 of 2
(Print Name)
(Title)
City of National City and
May 5, 2020 SCST, LLC
67 of 206
CC/CDC-HA Agenda
5/5/2020 — Page 68
The following page(s) contain the backup material for Agenda Item: Resolution of the
City Council of the City of National City authorizing the Mayor to execute a Second
Amendment to the Agreement with Neri Landscape Architecture, extending the term of
the Agreement by six months to December 19, 2020, due to the immediate need for
services to continue based on delays caused by the COVID-19 pandemic.
(Engineering/Public Works)
Please scroll down to view the backup material.
68 of 206
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: May 5, 2020
AGENDA ITEM NO.
ITEM TITLE:
Resolution of the City Council of the City of National City authorizing the Mayor to execute a Second
Amendment to the Agreement with Neri Landscape Architecture, extending the term of the Agreement by six
months to December 19, 2020, due to the immediate need for services to continue based on delays caused by
the COVID-19 pandemic.
PREPARED BY: Tirza Gonzales, Management Analyst II
PHONE: 619-336-4318
EXPLANATION:
See attached.
DEPARTMENT: Engi ring/.' ublic Works
APPROVED BY:
FINANCIAL STATEMENT:
ACCOUNT NO.
None
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED:
APPROVED:
Finance
MIS
STAFF RECOMMENDATION:
Adopt Resolution executing a Second Amendment to the Agreement with Neri Landscape Architecture.
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
1. Explanation
2. Second Amendment to Agreement
3. Resolution
69 of 206
Explanation:
On June 20, 2017, per City Council Resolution No. 2017-132, the City of National City
entered into an Agreement with Neri Landscape Architecture, to provide on -call support
services for National City's Capital Improvement Program (CIP), including, but not
limited to, project management; engineering; landscape architecture; urban planning
and design; construction support; plan reviews; community outreach and
communications. The original Agreement is for a not -to -exceed amount of $1,000,000
and a term of two years, with the option to extend for an additional period of up to one
year.
On April 16, 2019, the City Council adopted Resolution No. 2019-52, approving the First
Amendment to the Agreement increasing the not -to -exceed amount by $250,000, for a
total Agreement amount of $1,250,000, and extending the term of the Agreement by
one year to June, 19, 2020.
Due to the immediate need for project support services to continue based on delays
caused by the COVID-19 pandemic, staff is requesting City Council approval of a
Second Amendment to the Agreement with Neri Landscape Architecture, extending the
term of the Agreement by six months to December 19, 2020, with no changes to the
total contract amount.
70 of 206
SECOND AMENDMENT TO THE AGREEMENT
BY AND BETWEEN
TIIE CITY OF NATIONAL CITY
AND
NERI LANDSCAPE ARCHITECTURE
THIS SECOND AMENDMENT TO THE AGREEMENT is entered into this 5th day of
May, 2020, by and between the CITY OF NATIONAL CITY, a municipal corporation
("CITY"), and NERI LANDSCAPE ARCHITECTURE, a California corporation (the
"CONSULTANT").
RECITALS
WHEREAS, The CITY and the CONSULTANT entered into an Agreement on June 20,
2017, ("the Agreement") per City Council Resolution No. 2017-132, to provide on -call support
services for National City's Capital Improvement Program (CIP), including, but not limited to,
project management; engineering; landscape architecture; urban planning and design;
construction support; plan reviews; community outreach and communications, for a not to
exceed amount of $1,000,000 and a term of two years, with the option to extend for an additional
period of one year; and,
WHEREAS, on April 16, 2019, the City Council adopted Resolution No. 2019-52,
approving the First Amendment to the Agreement increasing the not -to -exceed amount by
$250,000, for a total Agreement amount of $1,250,000, and extending the term of the Agreement
by one year to June, 19, 2020.
WHEREAS, the parties desire to extend the term of the Agreement by six months to
December 19, 2020, due to the immediate need for services to continue based on delays caused
by the COVID-19 pandemic.
AGREEMENT
NOW, THEREFORE, the parties hereto agree that:
1. The term of the Agreement is hereby extended to December 19, 2020.
2. The First Amendment to the Agreement, which was approved by the City Council on
April 16, 2019, increased the contract amount of the Agreement to $1,250,000; said
amount shall continue to be the total not to exceed amount of the Agreement.
111
Ill
111
111
•
111
71 of 206
3. The parties further agree that, other than the foregoing exceptions, each and every
term and provision of the June 20, 2017 Agreement shall remain in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to
the Agreement on the date and year first above written.
CITY OE NATIONAL CITY
NERI LANDSCAPE ARCHITECTURE,
A CALIFORNIA CORPORATION
(Signatures of two corporate officers required)
By: By:
Alejandra Sotelo-Solis, Mayor (Signature)
APPROVED AS TO FORM:
(Print Name)
(Title)
By: Angil P. Morris -Jones
City Attorney By:
(Signature)
(Print Name)
(Title)
Second Amendment to Agreement Page 2 of 2 City of National City and
May 5, 2020 Neri Landscape Architecture
72 of 206
CC/CDC-HA Agenda
5/5/2020 — Page 73
The following page(s) contain the backup material for Agenda Item: Resolution of the
City Council of the City of National City authorizing the Mayor to execute a Second
Amendment to the Agreement with D-MAX Engineering, Inc., extending the term of the
Agreement by six months to December 5, 2020, due to the immediate need for services to
continue based on delays caused by the COVID-19 pandemic. (Engineering/Public
Works)
Please scroll down to view the backup material.
73 of 206
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: May 5, 2020
AGENDA ITEM NO.
ITEM TITLE:
Resolution of the City Council of the City of National City authorizing the Mayor to execute a Second
Amendment to the Agreement with D-MAX Engineering, Inc., extending the term of the Agreement by six
months to December 5, 2020, due to the immediate need for services to continue based on delays caused by
the COVID-19 pandemic.
PREPARED BY: Tirza Gonzales, Management Analyst II DEPARTMENT: Engi -e f1n•1Pub)ic Works
PHONE: 619-336-4318 APPROVED BY:
EXPLANATION:
See attached.
FINANCIAL STATEMENT:
ACCOUNT NO.
None
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED:
APPROVED:
Finance
MIS
STAFF RECOMMENDATION:
Adopt Resolution executing a Second Amendment to the Agreement with D-MAX Engineering, Inc.
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
1. Explanation
2. Second Amendment to Agreement
3. Resolution
/4 OTLUb
Explanation:
On June 6, 2017, per City Council Resolution No. 2017-91, the City of National City
entered into an Agreement with D-MAX Engineering, Inc., to provide on -call support
services for National City's Capital Improvement Program (CIP), including, but not
limited to, project management; engineering; environmental planning, compliance, and
assessments; construction support; plan reviews; community outreach and
communications . The original Agreement is for a not -to -exceed amount of $2,000,000
and a term of two years, with the option to extend for an additional period of up to one
year.
On April 16, 2019, the City Council adopted Resolution No. 2019-51, approving the First
Amendment to the Agreement increasing the not -to -exceed amount by $500,000, for a
total Agreement amount of $2,500,000, and extending the term of the Agreement by
one year to June 5, 2020.
Due to the immediate need for project support services to continue based on delays
caused by the COVID-19 pandemic, staff is requesting City Council approval of a
Second Amendment to the Agreement with D-MAX Engineering, Inc. extending the term
of the Agreement by six months to December 5, 2020, with no changes to the total
contract amount.
75 of 206
SECOND AMENDMENT TO TIIE AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
D-MAX ENGINEERING, INC.
THIS SECOND AMENDMENT TO THE AGREEMENT is entered into this 5th day of
May, 2020, by and between the CITY OF NATIONAL CITY, a municipal corporation
("CITY"), and D-MAX ENGINEERING, INC., a corporation (the "CONSULTANT").
RECITALS
WHEREAS, The CITY and the CONSULTANT entered into an Agreement on June 6,
2017, ("the Agreement") per City Council Resolution No. 2017-91, to provide on -call support
services for National City's Capital Improvement Program (CIP), including, but not limited to,
project management; engineering; environmental planning, compliance, and assessments;
construction support; plan reviews; community outreach and communications, for a not to
exceed amount of $2,000,000 and a term of two years, with the option to extend for an additional
period of one year.
WHEREAS, on April 16, 2019, the City Council adopted Resolution No. 2019-51,
approving the First Amendment to the Agreement increasing the not -to -exceed amount by
$500,000, for a total Agreement amount of $2,500,000, and extending the term of the Agreement
by one year to June 5, 2020.
WHEREAS, the parties desire to extend the term of the Agreement by six months to
December 5, 2020, due to the immediate need for services to continue based on delays caused by
the COVID-19 pandemic.
AGREEMENT
NOW, THEREFORE, the parties hereto agree that:
1. The term of the Agreement is hereby extended to December 5, 2020.
2. The First Amendment to the Agreement, which was approved by the City Council on
April 16, 2019, increased the contract amount of the Agreement to $2,500,000; said
amount shall continue to be the total not to exceed amount of the Agreement.
76 of 206
3. The parties further agree that, other than the foregoing exceptions, each and every
term and provision of the June 6, 2017 Agreement shall remain in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to
the Agreement on the date and year first above written.
CITY OF NATIONAL CITY
D-MAX ENGINEERING, INC.,
A CORPORATION
(Signatures of Iwo corporals officers required)
By: By:
Alejandra Sotelo-Solis, Mayor (Signature)
APPROVED AS TO FORM:
(Print Name)
(Title)
By: Angil P. Morris -Jones
City Attorney By:
(Signature)
Second Amendment to Agreement Page 2 of 2
(Print Name)
(Title)
City of National City and
May 5, 2020 D-Max Engineering, Inc.
77 of 206
CC/CDC-HA Agenda
5/5/2020 — Page 78
The following page(s) contain the backup material for Agenda Item: Resolution of the
City Council of the City of National City authorizing the Mayor to execute a Third
Amendment to the Agreement with Countywide Mechanical Systems, Inc., increasing the
not -to -exceed amount of the Agreement by $50,000, for a total Agreement amount of
$220,412, and extending the term of the Agreement by six months to February 28, 2021,
due to the immediate need for services to continue based on delays caused by the
COVID-19 pandemic. (Engineering/PublicWorks)
Please scroll down to view the backup material.
78 of 206
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: May 5, 2020
AGENDA ITEM NO.
ITEM TITLE:
Resolution of the City Council of the City of National City authorizing the Mayor to execute a Third Amendment
to the Agreement with Countywide Mechanical Systems, Inc., increasing the not -to -exceed amount of the
Agreement by $50,000, for a total Agreement amount of $220,412, and extending the term of the Agreement by
six months to February 28, 2021, due to the immediate need for services to continue based on delays caused
by the COVID-19 pandemic.
PREPARED BY: Tirza Gonzales, Management Analyst II
PHONE: 619-336-4318
EXPLANATION:
See attached.
DEPARTMENT: Engine ing�(Public Works
APPROVED BY:
FINANCIAL STATEMENT: APPROVED:
ACCOUNT NO. APPROVED:
Fund are available in account # 626-416-223-288-0000 (Facilities Maintenance Fund)
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
Finance
MIS
STAFF RECOMMENDATION:
Adopt Resolution executing a Third Amendment to the Agreement with Countywide Mechanical
Systems, Inc.
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
1. Explanation
2. Third Amendment to Agreement
3. Resolution
79 of 20F
Explanation:
On August 15, 2017, per City Council Resolution No. 2017-163, the City of National City
entered into an Agreement with Countywide Mechanical Systems, Inc., to provide
heating, ventilation, and air conditioning (HVAC) preventative maintenance services to
city -owned facilities. The original Agreement is for a not -to -exceed amount of $170,412,
and for an initial term of one year, with the option to extend for up to two, one-year
extensions.
On July 17, 2018, per Resolution No. 2018-123, City Council approved the First
Amendment to the Agreement extending the term of the Agreement for one year to
August 31, 2019.
On August 20, 2019, per Resolution No. 2019-116, City Council approved the Second
Amendment to the Agreement extending the term of the Agreement for one year to
August 31, 2020.
Due to the immediate need for HVAC preventative maintenance services to continue
based on delays caused by the COVID-19 pandemic, staff is requesting City Council
approval of a Third Amendment to the Agreement with Countywide Mechanical
Systems, Inc., increasing the not -to -exceed amount of the Agreement by $50,000, for a
total Agreement amount of $220,412, and extending the term of the Agreement by six
months to February 28, 2021.
80 of 206
THIRD AMENDMENT TO THE AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
COUNTYWIDE MECHANICAL SYSTEMS, INC.
THIS THIRD AMENDMENT TO THE AGREEMENT is entered into this 5th day of
May, 2020, by and between the CITY OF NATIONAL CITY, a municipal corporation
("CITY"), and COUNTYWIDE MECHANICAL SYSTEMS, INC., a California corporation
(the "CONSULTANT").
RECITALS
WHEREAS, The CITY and the CONSULTANT entered into an Agreement on August
15, 2017, ("the Agreement") per City Council Resolution No. 2017-163, to provide heating,
ventilation, and air conditioning (HVAC) preventative maintenance services to city -owned
facilities for a not to exceed amount of $170,412, and for an initial term of one year, with the
option to extend for up to two, one-year extensions.
WHEREAS, on July 17, 2018, the City Council adopted Resolution No. 2018-123,
approving the First Amendment to the Agreement extending the term of the Agreement by one
year to August 31, 2019.
WHEREAS, on August 20, 2019, the City Council adopted Resolution No. 2019-116,
approving the Second Amendment to the Agreement extending the term of the Agreement by
one year to August 31, 2020.
WIIEREAS, the parties desire to increase the not -to -exceed amount and extend the term
of the Agreement, due to the immediate need for services to continue based on delays caused by
the COVID-19 pandemic.
AGREEMENT
NOW, THEREFORE, the parties hereto agree that:
1. The not -to -exceed amount of the Agreement shall be increased by $50,000, for a total
Agreement amount of $220,412.
2. The term of the Agreement is hereby extended to February 28, 2021.
3. The First Amendment to the Agreement, which was approved by the City Council on
July 17, 2018, extended the term of the Agreement by one year to August 31, 2019.
4. The Second Amendment to the Agreement, which was approved by the City Council
on August 20, 2019, extended the term of the Agreement by one year to August 31,
2020.
81 of 206
5. The parties further agree that, other than the foregoing exceptions, each and every
term and provision of the August 15, 2017 Agreement shall remain in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to the
Agreement on the date and year first above written.
CITY OF NATIONAL CITY
COUNTYWIDE MECHANICAL
SYSTEMS, INC., A CALIFORNIA
CORPORATION
(Signatures of two corporate officers required)
By: By:
Alejandro Sotelo-Solis, Mayor (Signature)
APPROVED AS TO FORM:
(Print Name)
(Title)
By: Angil P. Morris -Jones
City Attorney By:
(Signature)
(Print Name)
(Title)
Third Amendment to Agreement Page 2 of 2 City of -National City and
May 5, 2020 Countywide Mechanical Systems, Inc.
82 of 206
CC/CDC-HA Agenda
5/5/2020 — Page 83
The following page(s) contain the backup material for Agenda Item: Resolution of the
City Council of the City of National City approving an amendment to the agreement by
and between the City of National City, the San Diego Unified Port District, Pasha
Automotive Services (Applicant), GB Capital Holdings (Applicant), and ICF Jones &
Stokes (Consultant) for professional services to prepare an Environmental Impact Report
for the Balanced Plan project. (Planning)
Please scroll down to view the backup material.
83 of 206
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: May 5, 2020 AGENDA ITEM NO.:
ITEM TITLE:
A Resolution of the City Council of the City of National City approving an amendment to the agreement
by and between the City of National City, the San Diego Unified Port District, Pasha Automotive
Services (Applicant), GB Capital Holdings (Applicant), and ICF Jones & Stokes (Consultant) for
professional services to prepare an Environmental Impact Report for the Balanced Plan project.
PREPARED BY: Raymundo Pe, Principal Planner DEPARTMENT: Community Development
PHONE: 619-336-4421 APPROVED BY:
Armando Vergara
Director of Comm. Dev.
EXPLANATION:
On February 21, 2017, the parties entered into an agreement for the preparation of an Environmental
Impact Report (EIR) for the Marina District Balanced Land Use Plan (Balanced Plan) for a total cost of
$603,000. On October 10, 2017, the parties entered into the first amendment to the agreement to add
$72,000 in funds for additional scope of work. On April 10, 2019, the parties entered into the second
amendment to extend the term of the agreement to June 30, 2020. This third amendment would add
$70,232 in funds for additional scope of work and extend the term of the agreement to December 31,
2020. The amended scope of work addresses additional needed analysis as well as comprehensive
California Environmental Quality Act (CEQA) updates. The draft EIR is currently under preparation and
is expected to be released this summer/fall. Pursuant to the agreement and subsequent amendments,
the Port District has covered and will cover the City's share of costs associated with the environmental
review of the project.
FINANCIAL STATEMENT: Not applicable
ACCOUNT NO.
APPROVED:
APPROVED:
FINANCE
MIS
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 CEQA.
ORDINANCE: INTRODUCTION I FINAL ADOPTION
Not applicable.
STAFF RECOMMENDATION:
Adopt the resolution approving the amendment to the agreement.
BOARD / COMMISSION RECOMMENDATION:
Not applicable.
ATTACHMENTS:
1. Agreement
2. First Amendment
3. Second Amendment
4. Third Amendment
5. Resolution
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(i)
San Diego Unified Port Disrict
Document No. 66173.
Filed FEB 2 3 2017
Office of the District Clerk
AGREEMENT
This agreement (Agreement) is made and entered into this 215-1' day of Fb r Vary,
20E1-, by and between SAN DIEGO UNIFIED PORT DISTRICT, a public corporation
(District), CITY OF NATIONAL CITY, a municipal corporation of the state of California
(City), ICF JONES & _ STOKES, INC., a Delaware Corporation (Consultant), PASHA
AUTOMOTIVE SERVICES, a California Corporation (Pasha), and GB CAPITAL
HOLDINGS, a Limited Liability Corporation (GB Capital). Pasha and GB Capital are
collectively referred herein as "Applicant" or "Applicants." The District and City are
collectively referred herein as "Agencies." The Agencies, Consultant and Applicants are
sometimes individually referred to as a "Party" and are sometimes collectively referred
to as "Parties."
Recitals:
A. Pasha and GB Capital are seeking certain approvals for proposed projects
(collectively, Proposed Pasha and GB Capital Projects), which are located within the
jurisdiction of the District and as a result, the District has certain regulatory and
permitting jurisdiction over the Proposed Pasha and GB Capital Projects; and
B. City is seeking certain approvals for a proposed program (Proposed City
Program), which is located on City -owned land and is within the jurisdiction of the City
and as a result, the City has certain regulatory and permitting jurisdiction over the
Proposed City Program; and
C. As part of a certain Memorandum of Understanding by and between the
District and the San Diego Association of Governments (District Document No. 65382),
the District agreed to pay for the environmental review pursuant to California
Environmental Quality Act (Public Resource Code Section 21000 et seq.) (herein
referred to as CEQA) for a segment of the permanent alignment of the Bayshore
Bikeway (Proposed Bayshore Bikeway Project), as more particularly described in that
Memorandum of Understanding; and
1 The Proposed Bayshore Bikeway Project, the Proposed Pasha and GB Capital
Projects and the Proposed City Program are herein collectively referred as the
"Proposed Project".
Attachment 1
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D. District and City have been working collaboratively on the National City
Marina District Balanced Land Use Plan (Balanced Plan2), which is located on District -
owned property and as a result, the District has certain regulatory over said plan area;
and
E. A portion of the Proposed Bayshore Bikeway and the entire Proposed
Pasha and GB Capital Projects are located within the geographic area of the Balanced
Plan; and
E. Although a portion of the Proposed Bayshore Bikeway and the Proposed
City Program are located outside of the boundaries of the Balanced Plan and are within
the City's jurisdiction, they are located in an area that is the primary entryway into the
Balanced Plan area and as such, efficiencies exist by conducting a single environmental
review under CEQA for the Balanced Plan and Proposed Project; and
G. District has the greatest authority for approving the Balanced Plan and
Proposed Project as a whole, as depicted in Exhibit A, and as such is considered the
lead agency for CEQA purposes; and
H. City has some discretionary approval powers over the Proposed Project
depicted in Exhibit A, and as such is considered a responsible agency for CEQA
purposes; and
The Agencies anticipate that an Environmental Impact Report (EIR) will be
required for the Balanced Plan and Proposed Project; and
J. Sections 21082.1, 21089, 21151, and 21153 CEQA and CEQA guidelines
15084 and 15045 (California Code of Regulations, Title 14, Chapter 3, Section 15000 et
seq.) authorize the District to enter into an agreement to prepare the EIR for the
Balanced Plan and Proposed Project and collect fees to recover costs for the
preparation and processing of said EIR and any associated Mitigation Monitoring and
Reporting Program; and
K. The Parties desire to enter into this Agreement for the Consultant to
2 The Balanced Plan, Proposed Bayshore Bikeway Project within the District's
jurisdiction and the Proposed Pasha and GB Capital Projects are herein collectively
referred to as "Proposed Projects within the District". The Proposed City Program and
Proposed Bayshore Bikeway Project within the City's jurisdiction are herein collectively
referred to as "Proposed Projects within the City".
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provide professional services to prepare an EIR for the Balanced Plan and Proposed
Project, which are more particularly depicted in Exhibit A, and the Agencies and
Applicants to compensate the Consultant for said professional services; and
L. The District staffing workload requirements for completing the EIR and
CEQA processing within a reasonable timeframe exceed the District's current
resources.
Now, therefore, the Parties hereto agree as follows:
1. Purpose
The purpose of this Agreement is to provide a mechanism by which the District
shall retain Consultant, and the Agencies and Applicants shall share the liability for the
costs of retaining Consultant, who shall perform the services required by this Agreement
solely to, and under the direction of, the District, as the CEQA lead agency pursuant to
CEQA and the CEQA guidelines applicable to a lead agency, and input from the City, as
a CEQA responsible agency pursuant to CEQA and the CEQA guideline applicable to a
responsible agency.
2. Reservation of Discretion — Proposed Protect
The Agencies each agree to be twenty-nine (29) percent responsible and
Applicants each agree to be twenty-one (21) percent responsible for any and all costs
for the Consultant services rendered pursuant to this Agreement, including, but not
limited to, the Consultant services described in Exhibit B, Scope of Work, whether or not
the Proposed Projects within the District are approved by the District or the Proposed
Projects within the City are approved by the City, such cost not to exceed the "Maximum
Fee" (defined below). The City and Applicants understand that the Proposed Projects
within the District and the EIR may not be approved/certified without District or Board of
Port Commissioners action and this Agreement does not in any way bind the District's
or Board of Port Commissioners' discretion regarding the decision whether to certify the
EIR or approve the Proposed Projects within the District. The District and Applicants
understand that the Proposed Projects within the City and the EIR may not be approved
without City or City Council action and this Agreement does not in any way bind the
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City's or City Council's discretion regarding the decision whether to approve the EIR or
approve the Proposed Projects within the City.
3. Scope of Work
Consultant is hereby engaged by the District, at shared cost and expense to the
Agencies (twenty-nine (29) percent per District and City) and Applicants (twenty-one
(21) percent per Pasha and GB Capital), to perform for the primary benefit of District,
and solely at District's direction, as the CEQA lead agency, and the benefit of the City
with input from the City, as the CEQA responsible agency, all of the services in
accordance with this Agreement and the Scope of Work. Consultant shall deliver such
required documents and deliverables (collectively, Deliverables) and perform and
complete the required services pursuant to the Scope of Work within all the time frames
and by the completion dates set forth in the Scope of Work. Consultant shall keep the
District informed of the progress of the services and Deliverables specified in the Scope
of Work at all times by giving written notice to the District. The District may share said
information with the City and Applicants. Consultant does hereby agree to perform the
Scope of Work to and for the primary benefit of the District for the compensation herein
fixed to be paid by the Agencies and Applicants.
Once an EIR Project Description is finalized, as evidenced by written notice to
the Consultant by the District (Project Description Notice), if any Party causes revisions
to the EIR Project Description, the cost of those out of scope revisions shall be solely
borne by the Party requesting the revisions. The Project Description Notice shall be
submitted to the Consultant no later than six (6) months after execution of this
Agreement by all the Parties.
4. Term
This Agreement shall commence upon the date of execution and shall terminate
on February 28, 2019, subject to earlier termination as provided below.
5. Maximum Fee, Hourly Rates, Invoices and Payments
5.1 Maximum Fee The maximum fee under this Agreement shall not
exceed Six Hundred Three Thousand Dollars ($603,000.00) (Maximum Fee). The
Maximum Fee shall include without limitation all sums, charges, reimbursements, costs
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and expenses provided for in this Agreement and the Scope of Work. Consultant shall
not be required to perform further services after the Maximum Fee has been expended.
5.2 Hourly Rates Hourly rates (by category title) that may be invoiced
for services rendered pursuant to this Agreement and the Scope of Work, are as
follows:
Classification Hourly Rates
Project Director $222.34
Technical Director $185.01
Senior Technical Analyst $163.05
Managing Consultant $157.12
Senior Consultant III $146.27
Senior Consultant II $127.47
Senior Consultant I $115.62
Associate Consultant III $97.38
Associate Consultant II $87.04
Assistant Consultant $83.48
Administrative Technician $66.02
For work performed on an hourly basis, Consultant agrees to assign the
employee with the lowest hourly rate who is fully competent to provide the services
required. If Consultant finds it necessary to have work, which would in the usual course
of business be performed by an employee with a lower hourly rate, be performed by an
employee paid at the higher hourly rate, Consultant shall nevertheless, bill at the lower
hourly rate. In no event shall the hourly rates invoiced exceed those specified in this
Agreement; provided, however, the hourly rates may be changed by a written
amendment to this Agreement, signed by all Parties. Said amendment may be subject
to Board of Port Commissioners' approval and signed by all Parties.
5.3 Invoices and Supporting Documentation Each month, as a
prerequisite to payment for services and allowable reimbursable expenses Consultant
shall submit an invoice to the District for services performed and allowable reimbursable
expenses incurred in accordance with this Agreement and the Scope of Work. For the
purpose of this Agreement, "allowable reimbursable expenses" shall include: costs of
printing, printing supplies, blueprints, travel (vehicle mileage only), postage, delivery
services, telecommunications, photography, computer usage, fax, and all other costs
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and expenses incurred in completing such services; provided, however, allowable
reimbursable expenses shall exclude air travel, lodging, and meals. Any other expenses
or costs not an "allowable reimbursable expense" shall be subject to written District
approval prior to Consultant submitting invoices for such expenses.
Each invoice shall include (a) a statement of services performed for the
fees and allowable reimbursable expenses specified in the invoice that correspond to
each task pursuant to the Scope of Work, (b) the Document Number of this Agreement,
(c) the fees and allowable reimbursable expenses actually incurred for each task
specified in the Scope of Work, (d) the employee name, category title, hourly rate, and
the number of hours and totals for each category title worked, and (e) the total billing.
Additionally, every invoice shall include the following certification:
"I certify under penalty of perjury that the above
statement is just and correct according to the terms of
Document No. 66173 , and that payment
has not been received."
Each invoice shall be accompanied by the necessary records and receipts
required to support the fees and allowable reimbursable expenses specified in the
invoice. Consultant shall also submit to the District a progress report (Progress Report)
with each invoice as a separate document. Each Progress Report shall include (a) a
description of work completed to date and actual percentage of work complete (versus
planned percentage completed), (b) cumulative dollar costs incurred, anticipated work
for the next reporting period (i.e., next invoice submittal), and (c) the expected
completion date for remaining work. The District may, upon request, share each
Progress Report with the City in a clean or redacted form. The District may, in its sole
and absolute discretion, share each Progress Report with the Applicants in a clean or
redacted form.
Consultant shall submit all invoices and the accompanying Progress
Report within thirty (30) days of completion of work and within sixty (60) days of
incurring fees and allowable reimbursable expenses to be paid under this Agreement
and the Scope of Work.
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5.4 Compensation of Consultant Subject to Sections 3 and 5.4 of this
Agreement, Agencies and Applicants shall compensate Consultant for all services
rendered by Consultant, .with the District and the City each paying twenty-nine (29)
percent of the total Consultant cost, and Pasha and GB Capital each paying twenty-one
(21) percent of the total Consultant cost. The District shall pay for the Agencies' costs
(fifty-eight (58) percent of the services provided by Consultant pursuant to this
Agreement); provided, however, if Agencies' costs exceed the amount for the 2014-
2018 Capital Improvement Program for the National City Planning and Entitlement
efforts, the City and the District shall split amount of the exceedance equally (Agencies'
Equal Payment). Each Applicants' and the City's share of the Agencies' Equal Payment,
if applicable, payment of compensation shall be made directly to the Consultant within
thirty (30) days following each Applicants' and the City's receipt of a notice of District's
approval of Consultant's invoices. Said District notice may be delivered by email, mail or
in person. District is merely receiving notification of, and acknowledging receipt of, the
completion of work and associated invoicing, and shall not be liable for Applicants' or
the City's share of the Agencies' Equal Payment, if applicable, percentage of
Consultant's compensation. Applicants shall not make any payments of compensation
to Consultant regarding this Agreement without first receiving the notice of District's
approval of Consultant's invoices. District's payment of compensation shall be made
directly to the Consultant within thirty (30) days following its approval of Consultant's
invoices.
This is a maximum fee contract and services and allowable reimbursable
expenses may only be billed until the Maximum Fee, as specified in this Agreement, is
reached. For performance of all services, upon approval by the District, Agencies shall
pay Consultant their fifty-eight (58) percentage of the fee and Applicants shall pay
Consultant their twenty-one (21) percentage of the fee on a time and materials basis
(Consultant's hourly rates pursuant to this Agreement and allowable reimbursable
expenses). All Consultant hours shall be incurred and paid at the hourly rates specified
in this Agreement.
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6. Modification or Amendment to Scope of Work
The Scope of Work may be modified from time to time by the written
agreement of all Parties, which may be subject to Board of Port Commissioners'
approval. Any and all modifications to the Scope of Work shall be memorialized in
writing, executed by all Parties, and attached as a sequentially numbered exhibit to this
Agreement. Any and all modifications to the Scope of Work shall include and specify, in
detail, the required time frames, completion dates, scope of work, Deliverables and a
compensation schedule, and shall be governed by all the terms, conditions and
obligations contained in this Agreement; provided, however, if a conflict exists between
the Scope of Work or any modifications thereto, the content of this Agreement shall
control.
Once an EIR Project Description is finalized, as evidenced by the Project
Description Notice, if any Party causes revisions to the EIR Project Description, the cost
of those out of scope revisions shall be solely borne by the Party requesting the
revisions. The Project Description Notice shall be submitted to the Consultant no later
than six (6) months after execution of this Agreement by all the Parties.
7. Authorization to Proceed
Authorization to Consultant to proceed for services in the Scope of Work
shall only occur by request from any of the following District positions:
Executive Vice President
Assistant Vice President, Real Estate Development
Assistant Vice President, Planning and Green Port
Principal, Development Services
Principal, Planning and Green Port
Senior Planner
Associate Planner
Assistant Planner
This list of District employees may be modified from time to time by District's Executive
Director or designee.
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8. Administrative Representatives
The following individuals have been designated as the contract administrator for
their respective Party (Administrators) and are authorized by said Party to represent
them in the routine administration of this Agreement.
District Anna Buzaitis, Program Manager and Lesley Nishihira, Principal,
Planning & Green Port
City Brad Raulston, Deputy City Manager and Raymond Pe, Principal
Planner
Consultant Kathie Washington, Senior Project Manager
Pasha John Pasha, Senior Vice President
GB Capital Gregory W. Boeh
9. Communication
Consultant shall coordinate technical information requests and data transfer related
to the Balanced Plan and Proposed Project through the District's Planning and Green Port
Department, and shall keep District informed of any significant events. The District, in its
sole and absolute discretion, may share said significant information with the City and
Applicants; provided, however, the District shall disclose information related to significant
events to the City that is necessary for it to discharge its duty as a CEQA responsible
agency. The information acquired and developed by Consultant and any subcontractor(s)
shall be kept confidential for the benefit of District except what District directs to be
delivered to other regulatory agencies or third parties (other than subconsultants identified
in this Agreement). Consultant shall not disclose or communicate to the City or Applicants
or any third party (other than subconsultants identified in this Agreement) without the
District's prior written consent, which may be withheld in the District's sole and absolute
discretion the following items: (a) communication(s) between the District and the
Consultant, (b) any draft or final work products and supporting data, (c) District comments
to Consultant's draft work products and supporting data, and (d) other written materials,
including without limitation, notes and memorandum; provided, however, the District shall
disclose information and communications to the City that is necessary for it to discharge its
duty as a CEQA responsible agency. Consultant shall not communicate directly with the
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City or Applicants or respond to any City or Applicants communications without the
District's prior written consent, which may be withheld in the District's sole and absolute
discretion.
10. Project Manager
The availability and active participation of a single qualified project manager (Project
Manager) will be required through the term of this Agreement. The Project Manager will be
Kathie Washington. Consultant must receive prior written approval by District's Assistant
Vice President of Planning and Green Port to substitute the Project Manager. Substitution
of the Project Manager without prior written approval shall be deemed an event of default.
11. Filing Fees
Agencies and Applicants shall be equally responsible for all fees associated with
the filing of all CEQA-related notices with the San Diego County Clerk's Office,
including, but not limited to, the Notice of Preparation, Notice of Completion, Notice of
Availability, Notice of Intent to Adopt, and Notice of Determination, for the Balanced
Plan and Proposed Project. Agencies and Applicants shall also be equally responsible
for all fees associated with publishing said notices in a publication(s) of general
circulation, pursuant to CEQA. Additionally, Agencies and Applicants shall be equally
responsible for California Department of Fish and Wildlife CEQA filing fees for the
Balanced Plan and Proposed Project. Payment of the fees specified in this Section 11
shall be made by check (made payable to "The San Diego County
Assessor/Recorder/Clerk") and provided to the District prior to the intended filing
date(s). Any filing fee -related costs incurred by Consultant shall be reimbursed equally
by Agencies and Applicants.
12. Subcontractors
It is agreed that it may be necessary for Consultant to subcontract for the
performance of certain services for Consultant to perform and complete the required
services pursuant to this Agreement, including the Scope of Work; provided, however, any
subcontractor, other than those cited in Sections 12.1 through 12.2 below, shall be subject
to prior written approval by the Assistant Vice President of Planning and Green Port of the
District. Any and all agreements for the subcontractor services shall be between
Consultant and subcontractors only and it is understood and agreed by the Parties that at
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no time and under no circumstances shall District be a party to any such agreement.
Consultant will be solely liable to subcontractor(s) for any and all compensation due under
any agreement between Consultant and subcontractor(s). Irrespective of any
subcontractors, the Consultant shall, at all times, remain primarily responsible for any and
all services required under this Agreement, including the Scope of Work. Consultant shall
insure that its subcontractors satisfy all substantive requirements for the work set forth by
this Agreement, including, but not limited to, the insurance and indemnification. Consultant
shall (a) cause each of its subcontractors to procure insurance as required by this
Agreement and, except for workers compensation insurance, to name the Agencies and
Applicant as additional insureds with waiver of subrogation; (b) require each of its
subcontractors to defend, indemnify and hold harmless Agencies and Applicant to the
same extent that Consultant is obliged to do under this Agreement; and (c) shall require
that each of its subcontractors satisfy all substantive requirements for the work set forth by
this Agreement, including, but not limited to, the insurance and indemnification; provided,
however, that Consultant shall remain fully liable to the District to perform all services
required by this Agreement, including any modifications hereto, and each Scope of Work
issued pursuant to this Agreement.
12.1 It is agreed that Chen Ryan shall provide professional services for
transportation, circulation and parking analyses.
12.2 It is agreed that MTS shall provide professional services for marine
biological resources analyses.
13. Document Access
The Agencies and Applicants shall provide to Consultant, through District, for the
use by Consultant and District, such documents or copies of such documents requested
by Consultant, within the possession of the Agencies and Applicants, or reasonably
available to the Agencies and Applicants, as needed by Consultant in performing the
services required of Consultant.
14. Access to the Proposed Project Site
Applicants, City and/or District shall facilitate entry and access to the Balanced
Plan and Proposed Project sites for Consultant to perform any tests, surveys or
reconnaissance necessary to deliver the Consultant services pursuant to this
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Agreement. Consultant shall properly repair any damage to the Balanced Plan and
Proposed Project sites and any property located thereon that result from such entry,
access and activities conducted at the Balanced Plan and Proposed Project sites.
Consultant shall indemnify, defend, and hold Applicants, City and District harmless from
any loss, cost, damage, expenses, claims, and liabilities in connection with or arising
from such entry, access and activities conducted at the Balanced Plan and Proposed
Project sites.
15. Public Statements
All public statements and releases to the news media shall be the responsibility
of the Agencies and Applicants. Consultant shall not publish or release news items,
articles or present lectures on the Balanced Plan and Proposed Project, either during
the course of the study or after its completion, except upon written concurrence of the
Agencies and Applicants for their respective components of the Balanced Plan and
Proposed Project.
16. Stop Work Orders
In the event that the Agencies or Applicants fail to pay the Consultant the
amounts specified in the Consultant invoice pursuant to the timeframe in this
Agreement, the District shall advise the City and Applicants of such nonpayment and
allow them to pay within 5 business days. Thereafter, if less than full payment is
received by Consultant, the District may, in its sole and absolute discretion, refuse to
commence or stop processing any and all entitlements, applications or CEQA analysis
for the Balanced Plan or Proposed Project.
17. Detail Examination Not Represented
Payment by Agencies or Applicants pursuant to this Agreement does not
represent that District has made (a) an examination, audit, or arithmetic verification of
the invoices and supporting documentation submitted for payment by Consultant, (b) an
inspection to check the quality or quantity of the work performed by Consultant, or (c) an
examination to ascertain how or for what purpose Consultant has used money
previously paid on account by Agencies or Applicants. Payment by Agencies or
Applicants pursuant to this Agreement does not constitute a waiver of claims against
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Consultant by Applicants, City or the District, individually or collectively. Agencies or
Applicants may in their sole discretion withhold payments or seek reimbursement from
Consultant for expenses, costs of documentation and design, miscellaneous charges, or
other liabilities or increased costs incurred by Agencies or Applicants, which are the
fault of or as the result of work performed or negligent conduct by or on behalf of
Consultant. Upon five-day written notice to Consultant, Agencies and Applicants shall
have the right to an estimate of expenses, design costs, miscellaneous charges, or
other liabilities or increased costs and to cause Consultant to pay the same and the
amount due Consultant under this Agreement or the whole or so much of the money
due or to become due to Consultant under this Agreement as may be considered
reasonably necessary by Agencies or Applicants shall be retained by Agencies or
Applicants until such expenses, documentation design costs, miscellaneous charges, or
other liabilities or increased costs have been corrected or otherwise disposed of by
Consultant at no expense to Agencies or Applicants. If such expenses, costs of
documentation and design, miscellaneous charges, or other liabilities or increased costs
are not corrected or otherwise disposed of at no expense to Agencies or Applicants
prior to completion date of the Agreement, Agencies and Applicants are authorized to
pay, upon the approval of District, for such expenses, documentation and design costs,
miscellaneous charges, or other liabilities or increased costs from the Retainer or to
seek reimbursement of same from Consultant. It is the express intent of the Parties that
this Section 17 is to protect the Agencies and Applicants from Toss because of conduct
by or on behalf of Consultant.
18. Records Retention
In accordance with generally accepted accounting principles, Consultant shall
maintain full and complete records of the costs of services performed under this
Agreement. Such records shall be available for inspection solely by the District at all
reasonable times in the City of San Diego and such records shall be kept for at least
three (3) years after the termination of this Agreement, unless otherwise requested in
writing by the District or the City. Consultant shall adhere to the District's and City's
document retention policies and procedures. The retention policies shall apply without
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limitations to communications, drafts of work product and supporting data and all other
written materials.
19. Duty of Care
Consultant represents that the services shall be performed, within the limits
prescribed by District, in a manner consistent with the level of care and skill ordinarily
exercised by other industry professional consultants under similar circumstances at the
time the services are performed. Additionally, services provided must be conducted in a
manner consistent with current laws, ordinances, regulations, policies or guidelines of
Federal, State, regional and local planning and environmental regulatory agencies.
20. Compliance with Laws
In the performance of this Agreement, Consultant, its subconsultants and
subcontractors, shall comply with the California Fair Employment and Housing Act and
all other Federal, State, regional and local laws, including without limitation laws
prohibiting discrimination because of race, color, national origin, religion, age or sex or
handicap.
21. Independent Analysis
Consultant shall provide the services required by this Agreement and arrive at
conclusions with respect to the rendition of information, advice or recommendations,
independent of the control and direction of District, other than normal contract
monitoring. Consultant shall possess no authority with respect to any District decision
beyond rendition of ' such information, advice, or recommendations. Under no
circumstances, shall the Consultant be directed or controlled by the City or Applicants.
22. No Assignment
This is a professional services agreement between the Parties and Consultant
shall not assign or transfer voluntarily or involuntarily any of its rights, duties, or
obligations under this Agreement without the express written consent of Executive
Director of District or his/her designee.
23. Indemnify, Defend, Hold Harmless
The provisions of this Section 23 shall survive the termination or expiration of this
Agreement.
23.1 Duty to Indemnify, Duty to Defend and Hold Harmless: To the
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fullest extent provided by law, Consultant agrees to defend, indemnify and hold
harmless the Agencies and the Applicants, and their respective officials, officers,
employees, agents and representatives (collectively, Indemnitees) from any claim,
demand, liability, loss, action, damage, cost, expense (including all attorneys' fees and
consultant/expert fees), award, fine, penalty or judgment, including but not limited to,
damage to property, the loss or loss of use thereof, or injury or death to any person,
including Consultant's officers, employees, agents, representatives, and subcontractors,
(Claim), arising out of, resulting from, or in any way related to the performance of
services by Consultant as provided for in this Agreement, or failure to act by Consultant,
its officers, employees, agents, representatives, and subcontractors. The Consultant's
duty to defend, indemnify, and hold harmless shall not include any Claim arising from
the sole negligence or willful misconduct of the District, Applicants or City, or their
respective officials, officers, employees, agents, representatives, and subcontractors.
Any party, except for the Consultant (Claiming Party), may bring a Claim to recover
actual reasonable costs expended by said Claiming Party or the actual and direct
damages, which shall exclude consequential damages, against the party that is found
solely negligent or engaged in the willful misconduct that results in the discharge of the
Consultant from its duty to indemnify, defend and hold harmless; provided, however,
such a Claim may not be brought if no actual or direct damage occurs to the Claiming
Party from the Consultant's discharge of its duty to indemnify, defend and hold
harmless.
23.2 The Consultant further agrees that the duty to indemnify, and the
duty to defend the Indemnitees as set forth in Section 23, requires that Consultant pay
all reasonable attorneys' fees and costs the Indemnitees incur associated with or
related to enforcing the indemnification provisions, and defending any Claim arising
from the services of the Consultant provided for in this Agreement.
23.3 Each Indemnitee shall promptly notify the Consultant and the
respective other parties of its receipt of any Claim.
23.4 Each Indemnitee may, at its own election, conduct its defense, or
participate in the defense of any Claim related in any way to this Agreement and
services provided thereunder. If District or City, respectively, choose at their own
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election to conduct their own defense, participate in their own defense or obtain
independent legal counsel in defense of any Claim arising from the services of
Consultant provided for in this Agreement, Consultant agrees to pay all reasonable
attorneys' fees and experts' fees, and all costs incurred by District and the City,
respectively.
24. Indemnity of District and City by Applicants
The provisions of this Section 24 shall survive the termination or expiration of this
Agreement.
24.1 Applicants acknowledge and agree to defend, indemnify and hold
harmless the District and City ("Public Indemnitees") from any litigation, claim, action,
proceeding, losses, damage, cost, expense (including, without limitation, all attorneys'
fees and consultant/expert fees), award, fine, penalty or judgment arising out of,
resulting from, or in connection with: (a) the review, analysis or approval(s) related to
the Balanced Plan and Proposed Project, including, but not limited to all specifications,
plans, and reports (b) any third party challenges to an environmental document,
mitigation and/or monitoring plan, or determinations conducted and adopted pursuant to
CEQA for the Balanced Plan and Proposed Project, (c) any third party challenges to any
permits and other approvals, including, but not limited to approvals of coastal
development permit, Port Master Plan Amendments, concept design, working drawings,
leases, options to lease, subleases, assignments and assumption agreements,
easements, Tideland Use and Occupancy Permits, letter agreements, memorandum of
understanding, operating contracts, estoppel certificates, exclusive right to negotiate
agreements, and any and all amendments or addendum to the same for the Balanced
Plan and Proposed Project, (d) Applicants' development or operation of the Proposed
Project or use, occupancy, possession or operation of the Proposed Project sites,
including, but not limited to, actions involving prevailing wage laws, personal liability or
property damage, except, as to each Public Indemnitee, for litigation, claims, actions, or
proceedings that result from the sole negligence or willful misconduct by such Public
Indemnitee and (e) compensation to the Consultant for the performance of services
required by this Agreement. Applicants' obligation in this Section 24 shall not apply to
litigation, claim, action, proceeding, losses, damage, cost, expense (including, without
limitation, al! attorneys' fees and consultant/expert fees), award, fine, penalty or
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judgment arising out of, resulting from the District's or City's sole and active negligence
or willful misconduct; provided, however, the District may bring a Claim against the City
if the Applicants' duty to defend, indemnify, and hold harmless the District is discharged
due to the sole negligence or willful misconduct of the City or its officials, officers,
employees, agents, representatives, and subcontractors and the City may bring a Claim
against the District if the Applicants' duty to defend, indemnify, and hold harmless the
City is discharged due to the sole negligence or willful misconduct of the District or its
officials, officers, employees, agents, representatives, and subcontractors.
24.2 The District and City may, in their sole and absolute discretion and
in good faith, participate in the defense of any litigation, claims, actions, and
proceedings and the Applicant's shall reimburse District and City for the costs of
defense incurred by the District or City, including, but not limited to reimbursement for
outside attorneys' and experts' fees and other costs, which the District or City may
choose in their absolute and sole discretion. The District's and City's participation shall
not relieve the Applicants of any of their obligations under this Section 24.
24.3 The District and City shall promptly notify the Applicants and the
respective other Party of their receipt of any Claim.
24.4 This Section 24 and the other obligations of Applicants under this
Agreement are independent of, and in addition to, the obligations of Applicants under
any existing lease(s), Tidelands Use and Occupancy Permit(s), or other contractual
agreement(s) with the District or City, and are binding upon Applicants, its agents,
representatives, successors and assigns.
25. Prevailing Wage Indemnity
Consultant acknowledges and agrees that: (a) it is the sole and exclusive
responsibility of Consultant, and not the District, City or Applicants, to ensure that all
persons and/or entities who provide any labor, services and/or equipment in connection
with this Agreement and services conducted hereunder, shall comply with the
requirements of California's prevailing wage laws (PWL) to the extent such laws are
applicable and (b) it is the sole and exclusive responsibility of Consultant, and not the
District, City or Applicants, to determine whether the services provided pursuant to this
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Agreement are subject to the PWL by obtaining a determination by means that do not
involve the District, City or Applicants. If the services provided pursuant to this
Agreement are determined to be subject to the PWL, Consultant shall comply with all
applicable provisions of the PWL, and shall take reasonable steps to ensure that all
persons and/or entities who provide any labor, services, equipment and/or materials in
connection with the services provided pursuant to this Agreement shall likewise comply
with all applicable provisions of the PWL.
Consultant further acknowledges and agrees that Consultant's failure to comply
with all applicable provisions of the PWL, and failure to take reasonable steps to ensure
that all persons and/or entities who provide any labor, services, equipment and/or
materials in connection with the services provided pursuant to this Agreement comply
with all applicable provisions of the PWL, shall render Consultant, and not the District,
City or Applicants, liable for all remedies (inclusive of all applicable fines and penalties),
afforded by law as a consequence of such non-compliance. Consultant expressly
agrees to defend, indemnify and hold the District Indemnities, City Indemnities, and
Applicants harmless, from any claim, demand, liability, loss, damage, cost, expense
(including all attorneys' and consultant/expert fees), award, fine, penalty or judgment
arising out of, in connection with, or in any way related to the PWL (collectively, PWL
Claim), except for any PWL Claim arising out of the sole negligence or willful
misconduct of the District, City, or Applicants.
26. Insurance Requirements
Pasha and GB Capital shall continue to provide in full force and effect all insurance
required under their leases or other agreements with the District.
Consultant shall, at all times during the term of this Agreement, maintain, at its
expense, the following minimum levels and types of insurance:
26.1 Commercial General Liability (including, without limitation,
Contractual Liability, Personal Injury, Advertising Injury, and
Products/Completed Operations) coverages, with coverage at least
as broad as Insurance Services Office Commercial General Liability
Coverage (occurrence Form CG 0001) with limits no less than one
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million dollars ($1,000,000) per Occurrence and two million dollars
($2,000,000) Aggregate for bodily injury, personal injury and
property damage.
(a) The deductible or self -insured retention on this Commercial
General Liability shall not exceed $5,000 unless District has
approved of a higher deductible or self -insured retention in
writing.
(b) The Commercial General Liability policy shall be endorsed to
include the District, Applicants and City; their respective
agents, officers and employees as additional insureds in the
form as required by the District, Applicants and City. An
exemplar endorsement is attached (Exhibit C, Certificate of
Insurance, attached hereto and incorporated herein).
(c) The coverage provided to the District, Applicants and City,
as additional insureds, shall be primary and any insurance or
self-insurance maintained by the District, Applicants and City
shall be excess of the Service Provider's insurance and shall
not contribute to it.
(d) The Commercial General Liability policy shall be endorsed to
include a waiver of transfer of rights of recovery against the
District, Applicants and City ("Waiver of Subrogation").
26.2 Commercial Automobile Liability (Owned, Scheduled, Non -Owned,.
or Hired Automobiles) written at least as broad as Insurance
Services Office Form Number CA 0001 with limits of no less than
one million dollars ($1,000,000) combined single limit per accident
for bodily injury and property damage.
26.3 Workers' Compensation, statutory limits, is required of the Service
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Provider and all sub -consultants (or be a qualified self -insured)
under the applicable laws and in accordance with "Workers'
Compensation and Insurance Act", Division IV of the Labor Code of
the State of California and any Acts amendatory thereof.
Employer's Liability, in an amount of not less than one million
dollars ($1,000,000) each accident, $1,000,000 disease policy limit
and $1,000,000 disease each employee. This policy shall be
endorsed to include a waiver of subrogation endorsement, where
permitted by law.
26.4 Professional Liability Insurance in the amount of one million dollars
($1,000,000) per claim and one million dollars ($1,000,000)
aggregate. All coverages under this section shall be effective as of
the effective date of this Agreement or provide for a retroactive date
of placement that coincides with the effective date of this
Agreement.
26.5 Umbrella or Excess Liability insurance with limits no less than one
million dollars ($1,000,000) per occurrence and aggregate. This
policy must provide excess insurance over the same terms and
conditions required above for the General Liability, Automobile
Liability and Employer's Liability policies.
Consultant shall furnish District, Applicants and City with certificates of
insurance coverage for all the policies described above upon execution of this
Agreement and upon renewal of any of these policies. A Certificate of Insurance
in a form acceptable to the District, Applicants and City, an exemplar Certificate
of Insurance is attached as Exhibit C and made a part hereof, evidencing the
existence of the necessary insurance policies and endorsements required shall
be kept on file with the District and City. Except in the event of cancellation for
non-payment of premium, in which case notice shall be 10 days, all such policies
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must be endorsed so that the insurer(s) must notify the District and City in writing
at least 30 days in advance of policy cancellation. Consultant shall also provide
notice to District, Applicants and City prior to cancellation of, or any change in,
the stated coverages of insurance.
The Certificate of Insurance must delineate the name of the insurance
company affording coverage and the policy number(s) specifically referenced to
each type of insurance, either on the face of the certificate or on an attachment
thereto. If an addendum setting forth multiple insurance companies or
underwriters is attached to the certificate of insurance, the addendum shall
indicate the insurance carrier or underwriter who is the lead carrier and the
applicable policy number for the CGL coverage.
Furnishing insurance specified herein by the District, Applicants and City
will in no way relieve or limit any responsibility or obligation imposed by the
Agreement or otherwise on Consultant or Consultant's sub -contractors or any tier
of Consultant's sub -contractors. District, Applicants and City shall reserve the
right to obtain complete copies of any of the insurance policies required herein.
Special Instructions:
Send Insurance Certificates and Endorsements to:
San Diego Unified Port District
c/o Ebix BPO
P. O. Box 12010-3
Hemet, CA 92546-8010
--OR--
email to: sdupd@prod.certificatesnow.com
Raymond Pe
Principal Planner, Community Development Department
City of National City
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1243 National City Boulevard
National City, CA 91950
AND
John Pasha, Senior Vice President
1309 Bay Marina Drive
National City, CA 91950
AND
GB Capital Holdings
Attn: Gregory W. Boeh
3201 Marina Way
National City, CA 91950
27. Conflict of Interest
Consultant may not conduct or solicit any business for any Party, or for any third
party, which may be in conflict with the Consultant's responsibilities and obligations
under this Agreement or under the law as it related to the scope of work of this
Agreement.
28. Independent Capacity
Consultant, and any officers, employees, agents, representatives, and
subcontractors of Consultant, shall act in an independent capacity and not as officers,
employees, agents, or representatives. of District, Applicants or City. District, Applicants
and City assume no liability for the Consultant's actions and performance, nor assume
responsibility for taxes, bonds, payments or other commitments, implied or explicit, by
or for the Consultant. Consultant shall not have authority to act as an agent on behalf of
the District, Applicants or City unless specifically authorized to do so in writing.
Consultant acknowledges it is aware that, because it is an independent contractor,
District, Applicants and City are not making any deductions from its fee and is not
contributing to any fund on its behalf. Consultant disclaims the right to any fee or
benefits except as expressly provided for in this Agreement.
Unless specifically authorized in writing by District, neither Consultant nor
Applicants shall have the authority to act as District's agent to bind District to any
contractual agreements whatsoever. Unless specifically authorized in writing by City,
neither Consultant nor District shall have the authority to act as City's agent to bind the
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City to any contractual agreements whatsoever except as provided for in this
Agreement.
29. Ambiguities Not Held Against the Drafter
This Agreement has been freely and voluntarily negotiated by all Parties and the
Parties are aware that they have the right to be advised by counsel with respect to the
negotiations, terms and conditions of this Agreement, and that the decision of whether
or not to seek the advice of counsel with respect to this Agreement is a decision which
is the sole responsibility of each of the Parties. This Agreement shall not be construed
in favor of or against any Party by reason of the extent to which each Party participated
in the drafting of the Agreement. The formation, interpretation and performance of this
Agreement shall be governed by the laws of the State of California, excluding its conflict
of laws rules.
30. Property of the District and City
Any and all materials and documents, including without limitation drawings,
specifications, computations, designs, plans, investigations and reports, prepared by
Consultant (collectively, Materials) pursuant to this Agreement, shall be the property of
District from the moment of their preparation and the Consultant shall deliver such
materials and documents to District at the District administrative office building
whenever requested to do so by District; provided, however, Consultant shall have the
right to make duplicate copies of such materials and documents for its own file or other
purposes as may be expressly authorized in writing by District. Said materials and
documents prepared or acquired by Consultant pursuant to this Agreement (including
any duplicate copies kept by the Consultant) shall not be shown to any other public or
private person or entity, including the City and Applicants, except as authorized in this
Agreement or by District in writing or as required by law. Upon request by the City and
within a reasonable amount of time, the District shall share with the City the Materials
obtained from the Consultant related to the Proposed Projects within the City.
Consultant shall not disclose to any other public or private person or entity, including the
City and Applicants, any information regarding the activities of District, except as
authorized in this Agreement or expressly authorized in writing by District.
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In the event of termination of this Agreement, and upon demand of District, the
Consultant shall deliver to District, all field notes, surveys, studies, reports, plans,
drawings and all other materials and documents prepared or retrieved by the Consultant
in performance of this Agreement, and all such materials shall be the property of
District; provided, however, Consultant may retain copies for its own file or other
purposes as may be expressly authorized in writing by District. In the event of
termination of this Agreement, upon request by the City and within a reasonable amount
of time, the District shall deliver to the City the Materials obtained from the Consultant
related to the Proposed Projects within the City.
31. Termination of Agreement
In addition to any other rights and remedies allowed by law, the Executive
Director of District may terminate this Agreement at any time with or without cause by
giving five (5) days written notice to Consultant and the Parties of such termination and
specifying the effective date thereof. In that event, all finished or unfinished documents
and other materials shall at the option of District be delivered by Consultant to District at
the District administrative office building. Termination of this Agreement by Executive
Director of District as provided in this Section shall release Agencies and Applicants
from any further fee or claim hereunder by Consultant other than the fee earned for
services which were performed prior to notice of termination and allowable reimbursable
expenses which were incurred prior to notice of termination but not yet paid. Said fee
shall be calculated and based on the hourly rate schedule pursuant to this Agreement,
including, but not limited, to the Scope of Work.
Consultant expressly waives any and all claims for damage or compensation
arising under this Agreement, except as set forth herein, in the event of a termination.
32. Notice
Unless otherwise specifically provided herein, all notices, demands or other
communications given hereunder shall be in writing and any and all such notices or any
payments shall be deemed to have been duly delivered upon personal delivery, the next
weekday after overnight delivery (e.g., Federal Express, UPS) or as of the fifth (5th)
calendar day after mailing by United States mail, certified, return receipt requested,
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postage prepaid, addressed as follows:
If to District:
Assistant Vice President, Planning & Green Port
San Diego Unified Port District
P. O. Box 120488
San Diego, CA 92112-0488
If to City:
Brad Raulston, Deputy City Manager
City of National City
1243 National City Boulevard
National City, CA 91950
If to Pasha:
John Pasha, Senior Vice President
1309 Bay Marina Drive
National City, CA 91950
If to GB Capital:
GB Capital Holdings
Attn: Gregory W. Boeh
3201 Marina Way
National City, CA 91950
If to Consultant:
Kathie Washington
ICF Jones & Stokes, Inc.
525 B St #1700
San Diego, CA 92101
or to such other address or to such other person as any Party shall designate in writing
to the Parties.
33. Exhibits
All exhibits referenced herein and attached hereto are a part of this Agreement.
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34. Capacity of Parties
Each signatory and Party to this Agreement warrants and represents to the other
Parties that it has the legal authority, capacity and direction from its principal(s) to enter
into this Agreement and that all resolutions or other actions have been taken so as to
enter into this Agreement.
35. Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the law
of the State of California. Any action at law or in equity brought by one or more of the
Parties hereto arising under or relating to this Agreement shall be brought only in the
federal or state courts located in San Diego County, State of California and the Parties
hereby waive all provisions of law providing for a change in venue in such action or
proceeding to any other county or state.
36. Counterparts
This Agreement may be executed in more than one counterpart, each of which
shall be deemed to be an original but all of which, when taken together shall constitute
but one instrument.
37. Severability
If any portion of this Agreement or application thereof to any Party or
circumstances is declared invalid by a court of competent jurisdiction, or is in
contravention of any Federal, State, regional or local law, statute, ordinance or
regulation, the remaining provision of this Agreement or the application thereof shall not
be invalidated thereby and shall remain in full force and effect, and to that extent the
provisions of this Agreement are declared severable. However, if the invalidated portion
of this Agreement affects the intent of the Parties regarding the Agreement as a whole,
the Parties shall negotiate in good faith to amend, modify, or supplement this
Agreement to implement and give effect to the intentions of the Parties.
38. Headings
The captions and headings in this Agreement are for convenience only and shall
not define or limit the provisions of this Agreement.
39. Modification or Waiver
No course of dealing or failure or delay, nor the single failure or delay, or the
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partial exercise of any right, power or privilege, on the part of the Parties shall operate
as a waiver of any rights of this Agreement. No waiver of any default by any Party shall
be deemed to be a waiver of any other default or subsequent default. Waiver of breach
of any provision of this Agreement shall not be deemed a waiver of any other breach or
subsequent breach. The making or the acceptance of a payment by any of the Parties
with or without knowledge of the existence of a default or breach shall not operate or be
construed to operate as a waiver of any such default or breach. No modification or
waiver of any provision of this Agreement shall be effective unless the same shall be in
writing and signed by all Parties, and then shall be valid only in the specific instance and
for the purpose for which it was given.
40. No Additional Beneficiaries
Despite the fact the required performance under this Agreement may have an
effect upon persons not parties to this Agreement, the Parties specifically intend no
benefit, and agree that no performance may be enforced by any person not a party to
this Agreement. Notwithstanding the foregoing, this is a three party Agreement and the
District is an express third party beneficiary of the promises of Consultant to provide
services paid for by Applicant.
41. Entire Agreement
This Agreement contains the entire agreement among the Parties and
supersedes all prior negotiations, discussions, obligations and rights of the Parties in
respect of each other regarding the subject matter of this Agreement. There is no other
written or oral understanding between the Parties. No modification, amendment or
alteration of this Agreement shall be valid unless it is in writing and signed by the
Parties.
42. Effective Agreement Upon Signature
It is an express condition of this Agreement that said Agreement shall not be
complete nor effective until signed by either the Executive Director or authorized
designee on behalf of District and by all other Parties.
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DATED: F hi Ua r 215 2017
Approved as to form and legality: SAN DIEGO UNIFIED PORT DISTRICT
GENERAL COUNSEL
By: Deputy General Co
By
JASON H. GIFFEN
Assistant Vice President
Planning and Green Port
Approved as to form and legality: CITY OF NATIONAL CITY,
a Municipal Corporation of the State of California
CITY ATTORNEY
By
By: GEORGE H. EISER, III BRAD RAULSTON
Interim City Attomey Deputy City Manager
ICF JONES & STOKES, INC.,
a Delaware Corporation
PASHA AUTOMOTIVE SERVICES,
a California Corporation
By
GB CAPITAL HOLDINGS,
a Limited Liability Corporation of the State of
Califomia
By
1 12 of 206
DATED: FQbR) y' 2.I. +, 2017
Approved as to form and legality: SAN DIEGO UNIFIED PORT DISTRICT
GENERAL COUNSEL
By
By: Deputy Genera
N H. GIFFEN
tant Vice President
Planning and Green Port
Approved as to form and legality: CITY OF NATIONAL CITY,
CITY ATTORNEY
a Municipal Corporation of the State of California
By
By: GEORGE H. EISER, III BRAD RAULSTON
Interim City Attorney Deputy City Manager
ICF JONES & STOKES, INC.,
a Delaware Corporation
By
PASHA AUTOMOTIVE SERVICES,
a California Corporation
By
GB CAPITAL HOLDINGS,
a Limited Liability Corporation of the State of
California
By
29
73
DATED: Faru a r j 215 2017
Approved as to form and legality: SAN DIEGO UNIFIED PORT DISTRICT
GENERAL COUNSEL
By .reputyGenersel JAS iN H. GIFFEN
stant Vice Presid
nning and Green Port
Approved as to form and legality:
CITY ATTORNEY
CITY OF NATIONAL CITY,
a Municipal Corporation
t0 `itt By Abili
By: GEORGE H. EISER, III s n P -'. ULSTON
Deputy City Manager
Interim City Attorney
he State of Califomia
ICF JONES & STOKES, INC.,
a Delaware Corporation
By
PASHA AUTOMOTIVE SERVICES,
a California Corporation
By
GB CAPITAL HOLDINGS,
a Limited Liability Corporation of the State of
California
By
30
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DATED: //// , 2017
Approved as to form and legality: SAN DIEGO UNIFIED PORT DISTRICT
GENERAL COUNSEL
By: Deputy General
By
JASON H. GIFFEN
Assistant Vice President
Planning and Green Port
Approved as to form and legality: CITY OF NATIONAL CITY,
CITY ATTORNEY
a Municipal Corporation of the State of California
By
By: GEORGE H. EISER, III BRAD RAULSTON
Interim City Attorney Deputy City Manager
ICF JONES & STOKES, INC.,
a Delaware Corporation
By
PASHA AUTOMOTIVE SERVICES,
a California Corporation
By
GB CAPITAL HOLDINGS,
a Limited Liabir Corporation ,Qf the State of
California
By
31
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Exhibit A
Marina District and Balanced
�� Land Use Plan
Tidelands Avenue Closure Project
GB Capital Project
L— —1 Pasha Rail Project
City Program
Potential Bayshore Bikeway
Alignments
• • • Route 1
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EIR Project Components
32
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116 of 206
EXHIBIT B — SCOPE OF WORK
Environmental Impact Report for
National City Bayfront Projects and Plan Amendments
The purpose of this work effort is for. ICF Jones & Stokes (Consultant) to prepare an
environmental impact report (EIR) for the National City Bayfront Projects and Plan Amendments
("Project" or "proposed project") to satisfy the requirements of the California Environmental
Quality Act (CEQA), as amended; the San Diego Unified Port District (District) Guidelines for
Compliance with CEQA (per Resolution #97-191); and any other relevant local plans,
regulations, or procedures. Consultant shall perform the services required under this Scope of
Work under the direction of the District's Planning & Green Port Department.
Based on the District, City of National City (City) and Consultant's understanding of the
proposed project pursuant to information provided by the District, City and Project Applicants,
the following scope of work, cost estimate, and schedule is provided to complete an EIR
necessary for the evaluation of potential environmental impacts associated with development of
the Project (see Exhibit A to this Agreement for the Project Description).
Major work tasks and work products are outlined below. It is expected that this Scope of Work
and not -to -exceed fee shall cover all the tasks needed for Consultant to complete the EIR
process for the Project. In the event of any inconsistencies between the Agreement and this
Scope of Work, the terms and conditions of the Agreement shall prevail.
I. WORK PROGRAM
This Work Program consists of meetings and project management; technical studies; and
preparation of the draft EIR and final EIR, including screencheck versions. The Work Program
is divided into 15 main tasks, as described below.
Task 1 — Review Background Information
Consultant will review all relevant documents, technical studies, background information, and
applicable information in an effort to gather all the existing data and project information currently
available. This will help Consultant provide a thorough project description in Task 2 below and
streamline the analysis to prepare the Initial Study in Task 3 below. It is assumed that
documentation will be provided by the District or will be on file at the District for research
purposes.
Task 2 — Project Description
Using the information obtained from Task 1, Consultant will apply its understanding of the
existing conditions and operations, and any information provided by the District to prepare an
environmental setting and project description that meet all the requirements of CEQA.
The project description will contain sufficient detail on both the physical improvements and the
projected operations to ensure the technical analyses are clear on how the Project would
change the existing condition. During this task, Consultant will assist the District in preparing
project objectives that will help craft and evaluate alternatives to the Project later in the EIR
process. The objectives should not be overly narrow or broad, but should allow for a reasonable
range of alternatives that would reduce one or more significant impacts associated with the
Project.
Exhibit B — Scope of Work
33
1
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Task 2 Deliverables — Draft and Final Project Description, including figures
Task 3 — Initial Study/Notice of Preparation
Consultant will prepare an Initial Study using Appendix G of the State CEQA Guidelines. The
purpose of the Initial Study will be to help the District determine the appropriate level of
environmental review and to help focus the analysis contained in the EIR. Based on the existing
conditions present at the project site and the likely impacts associated with the Project,
Consultant assumes the Initial Study will determine that there would be no significant impacts to
Agriculture and Forestry Resources, Mineral Resources, and Population/Housing. Therefore,
these issues will only be discussed in the Initial Study and summarized in the Effects Found Not
to Be Significant section of the EIR.
Consultant assumes the initial study will find that there is enough evidence to support a
potentially significant impact, and therefore a complete analysis in the EIR, for the following
resource areas:
Aesthetics and Visual Resources
• Air Quality and Health Risk
• Biological Resources
• Cultural Resources
• Geologic Hazards and Soils
• GHG Emissions and Climate Change
• Hazardous Materials/Hazards
Hydrology and Water Quality
• Land Use and Planning
• Noise and Vibration
• Public Services
• Recreation
• Transportation/Traffic
• Utilities and Energy Use
Consultant will use the most recent District template to prepare a Notice of Preparation (NOP)
for the Project, followed by preparation of the Notice of Completion (NOC) for transmittal to the
State Clearinghouse (SCH). The NOP will meet all CEQA requirements, such as providing a
project location, a brief project description, the potentially significant environmental impacts,
dates for the scoping period, and the details of the scoping meeting.
The District will be responsible for the distribution and filing of the NOP. In lieu of printing hard
copies of the IS/NOP, Consultant recommends using the 2-page SCH summary form that can
be included in the SCH package along with the NOC and 15 CDs of the IS/NOP. Upon
completion of the public review period, Consultant will organize and catalog all comment letters
received on the NOP. The District will coordinate/lead the EIR Scoping Meeting to occur during
the public review period. Consultant will attend/participate in the scoping meeting with budget
provided in Task 14. In addition, Consultant will organize and catalog all comment letters
received on the NOP.
Task 3 Deliverables — Draft and Final IS and NOP, with project description and figures.
Up to 30 hard copies of Final IS and NOP
Task 4 — Technical Studies
Task 4 includes preparation of technical studies anticipated to be required to support the E1R
analysis and to comply with federal, state, and local requirements. Consistent with previous
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guidance (including from the District, a standalone technical report is not necessary for analysis
prepared by Consultant (e.g., air quality, GHG emissions, noise, etc.) and the study's findings
will be incorporated directly into the Draft EIR, with technical support information (technical
emission calculation details and emissions calculations) provided as an appendix,to the EIR.
Task 4.1: Air Quality and Health Risk
Consultant will prepare an Air Quality and Health Risk technical study to support the EIR.
Construction and operation of the Project would result in criteria pollutant and toxic air
contaminant (TAC) emissions in different quantities than existing conditions. In evaluating the
project's contribution of criteria pollutant and TAC emissions relative to the existing setting,
Consultant will prepare an air quality and health risk technical study that describes the existing
air quality conditions and regulatory setting; a detailed methodology used to evaluate emissions
and air quality impacts; the Project's air quality impacts; and mitigation measures, to eliminate
any potentially significant air quality impacts in support of the EIR. The analysis will be
consistent with the requirements of the California Air Resources Board (ARB), the San Diego Air
Pollution Control District (SDAPCD), the County of San Diego (if deemed appropriate), the City
of National City, and District.
Construction mass emissions: Consultant will quantify, to the extent practicable, emissions
associated with construction of the land use reconfiguration, including demolition of structures
and roadways, installation of the connector track, changes to Pepper Park, and buildings and
structures to be constructed as part of the other Project components. Consultant will work with
the District and Project Applicants in developing a reasonable construction timeframe and
inventory of demolition and construction quantities, equipment and vehicle to be used, and
paving and earthwork quantities. Consultant will estimate emissions to extent feasible with an
approved modeling methodology, compare emissions to relevant thresholds of significance, and
prescribe mitigation measures to reduce or eliminate impacts, if necessary.
Operational mass emissions: Once constructed, the Project would result in a change in vehicle
traffic resulting from the expanded park, park/plaza, and commercial recreational uses.
Additionally, terminal activity may change slightly due to the addition of the connector track,
which would result some terminal storage buy may increase operational efficiency at the
terminal, thereby increase throughput. Consultant will estimate emissions to extent feasible with
an approved modeling methodology, compare emissions to relevant thresholds of significance,
and prescribe mitigation measures to reduce or eliminate impacts, if necessary.
Considerations Specific to the Pasha Connector Rail Track Component. The Connector Rail
Track component is similar to the connector track proposed as part of the Project in that it would
allow Pasha to increase rail car storage on -site and allow for Pasha to build and operate a
second daily train on a given day. Based on Consultant's work previous EIRs at the NCMT,
building an additional train on -site and allowing an additional train to depart per day would
increase criteria pollutant and TAC emissions both on -site and throughout the region,
particularly along the train path. Moreover, because the NCMT is currently limited by its current
acreage and operational inefficiencies, increasing terminal efficiency by shifting some activity
from truck to rail may allow Pasha to increase terminal throughput and may increase the
numbers of vessels that call on NCMT throughout the year. Consultant will work with the District
and Pasha to determine the extent that operations at NCMT may increase, which may affect all
emissions sources associated with terminal operations. Consultant assumes construction would
be minimal, thus the majority of the emissions will be in terms of operations. Based on
Consultant's previous work at NCMT and at other projects around the District, Consultant will
estimate emissions from additional train activity and as well any associated emissions sources
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(vessels, trucks, passenger vans, car processing) that may increase as a result of the Project.
Mitigation measures will be prescribed to reduce or eliminate impacts, if necessary.
Health Risk Assessment Construction and operation of the Proposed Project would result in
emissions of TACs, particularly associated with diesel fuel combustion in equipment during
construction and locomotive, truck, and terminal activity during operations. The connector track
would add new diesel activity (diesel locomotives) near sensitive uses at Pepper Park. If
adequate information is available to estimate TAC emissions and the location of both emission
sources and receptor locations, Consultant will prepare a health risk assessment (HRA) to
estimate potential health risks at nearby uses associated with the proposed project. If this
information is not available, Consultant will provide a high-level qualitative programmatic
assessment of the potential health risk, using information from Consultant's previous health risk
work at the District and using published health risk and screening guidance. In the event that
impacts are identified, Consultant will work with the District and/or Project Applicants to identify
mitigation designed to reduce or eliminate impacts.
CO Hotspots: For the assessment of localized carbon monoxide (CO) impacts, Consultant will
review data from the traffic impact assessment to determine the need for localized CO
modeling, consistent with the County of San Diego's CO hot -spot screening criteria. In the event
the screening analysis indicates a quantitative CO analysis is necessary, Consultant will use
peak hour intersection data, the CALINE4 dispersion model, and the latest version of ARB
emission factors (currently EMFAC 2014) to estimate CO concentrations at key intersections
analyzed in the transportation and circulation analysis. CO concentrations at up to five
intersections within the project area will be evaluated under all project conditions. CO impacts
will assessed by evaluating whether the proposed project meets the ambient air quality
requirements for localized pollutants by determining whether it causes or contributes to an
exceedance of state or federal CO standards.
Considerations Specific to GB Capital Project Component. The recreational uses associated
with the GB Capital Project would be placed near terminal operations that may pose a risk to
recreational visitors; an issue that could be exacerbated by installing the connector track that
could move TAC sources closer to the site. Consultant will estimate emissions from this
component with an approved modeling methodology and compare emissions generated from
this Project component and the Project as a whole to thresholds and identify mitigation as
appropriate. Because the connector track would potentially bring locomotive activity closer to a
site that park users will frequent, Consultant will provide a site -specific HRA that takes into
account TAC emissions from terminal operations as well as any TAC emissions that may occur
onsite. Considerations Specific to Program -Level Analysis of Potential Commercial
Development of Two National City -Owned Parcels. Although the area around the National City
parcels, which are located northeast of the intersection of Bay Marina Drive and Marina Way, is
not densely populated with residential uses, both gas stations and fast food restaurants are
sources of TAC emissions, which must be addressed in the EIR. The ARB recommends
avoiding siting sensitive land uses within 300 feet of a large gasoline dispensing facility (defined
as a facility with a throughput of 3.6 million gallons per year or greater), while a 50 foot
separation is recommended for typical gas dispensing facilities. Residences are approximately
350 feet north of the northern edge of the City -owned parcels, which is assumed to be a safe
distance. Therefore, the TAC analysis will be qualitative and ARB screening distance language
and guidance will be incorporated by reference. Mitigation measures will be prescribed to
reduce or eliminate impacts, if necessary.
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Task 4.2: Biological Resources
Consultant will utilize the Biological Survey and Wetland Delineation of Port Parcel 027-047 in
National City, California prepared by Dudek in November 2016 to assess the impacts that would
occur in the areas of the Project site west of Paradise Marsh (i.e., the landside area of the GB
Capital site, as well as the potential alignments of the Bayshore Bikeway between Sweetwater
Channel and the Best Western Marina Gateway hotel.
In addition, because the GB Capital Project component may have some in -water impacts,
Consultant's subconsultant, Marine Taxonomic Services, Ltd. (MTS) will provide a Marine
Biological Resource Assessment (EFH, eelgrass, and sensitive species). This assessment
would include field time to map habitats and the evaluation of this plan relative to impacts to
marine biological resources (primarily eelgrass). MTS will also provide editorial support for
environmental review documents relative to marine biology. MTS has assumed no more than 16
hours to support a preliminary discussion of any potential aquaculture elements, as the size and
scope of these elements could vary and could also result in numerous public comments and
need for stand-alone evaluations that could take considerable time. This project would also
require additional terrestrial biological services by Consultant in order to survey the site and
provide analysis on potential impacts to undeveloped lot B6 and also potential edge effects to
the Paradise Marsh Wildlife Refuge.
Potential biological resources impacts associated with the proposed Connector Rail Track could
result from building an additional train on -site and allowing an additional train to depart per day,
which would increase noise along the train path, which may have the potential to affect species
nearby (if present). Consultant biologists will analyze the potential impacts of the rail alignment.
Finally, the two City -owned parcels appear to have been graded in the past and have little to no
natural vegetation. Consultant biologist would confirm this via a brief survey and examine if
street trees on the site perimeter may support nesting raptors or other covered bird species.
Once all site surveys and review of the available biological resources documentation is
complete, Consultant will prepare the Biological Resources section of the EIR. This entails
preparation of the impact analysis and the development of mitigation measures to reduce any
potential significant impacts to less -than -significant levels, as feasible.
Task 4.3: Cultural Resources
Consultant will conduct a cultural resources technical study sufficient to identify any cultural
resources in the Project area. This study will include the following tasks: conduct a cultural
resources records search and archival research; conduct outreach to interested parties for
cultural resources due diligence, conduct a cultural resources field survey; prepare California
Department of Parks and Recreation 523 site forms for any cultural resources identified in the
plan area, and prepare a technical report.
The records search will involve Consultant obtaining a records search from the South Coastal
Information Center, contacting the Native American Heritage Commission to request a Sacred
Lands File Search, and a receiving list of potentially interested local Native American tribes and
individuals. Consultant will also contact local historical societies, preservation organizations,
and museums. Identified interested parties will be contacted via letter requesting a reply with
any information or concerns about cultural resources in the plan area. Follow-up telephone calls
or emails will be made 14 days after the initial letters are sent. It should be noted that
consultation pursuant to Assembly Bill (AB) 52 and Senate Bill (SB) 18 is not assumed within
this scope and that the District and/or City will conduct this consultation. Consultant will also
request a paleontological records search from the San Diego Natural History Museum. The
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potential sensitivity of the Project area will be examined and the results will be included in the
EIR. Additional analysis will be conducted for Paleontological Resources for the GB Capital
project and two City -owned parcels, which may include coordination with the Natural History
Museum, as they entail buildings and other development features that may have the potential to
disturb soils containing such resources and the results will be included in the EIR.
A cultural resources field survey of the Project area will be conducted, including the optional
alignments of Segment 5 of the Bayshore Bikeway. Prior to the field survey, it is assumed the
District and/or City will arrange access to the Project area. Following the survey, a cultural
resources technical report will be prepared that meets the requirements of CEQA guidelines and
will describe methods, results, and recommendations, and will include any cultural resources
site forms, as well as outreach to interested party correspondence, as appendices. Consultant
assumes there will be no more than two rounds of review of the draft report and the preparation
of one final report. The final report will be placed on file with the South Coastal Information
Center, which is the regional California Historical Resources Information System location.
Consultant will prepare the Cultural Resources Section, as well as the Tribal Cultural Resources
Section (a new required EIR section per California Natural Resources agency), of the EIR,
which will analyze potential impacts based on the results and recommendations of the cultural
resources technical study, paleontological records search, and tribal consultation (conducted by
the Port/ City).
For purposes of this scope of work, Consultant assumes that the potential relocation of Granger
Hall to Pepper Park will be included as an optional component of the overall Project and would
be analyzed at a programmatic level because insufficient data is available to evaluate the
impacts associated with the actual movement of the building. The existing National Register of
Historic Places (NRHP) registration form does specify "areas of significance" that can be
translated into Listing Criteria, which would be Criteria A and C, but probably not Criteria B.
Consultant will prepare a technical memorandum updating the existing documentation. This
effort will include a site visit to document the current condition of the building. Consultant will
also specify the significance criteria that have become best professional practice since the
building was listed in the mid-1970s. Consultant will do a thorough integrity analysis to
determine what among the seven aspects of historical integrity are important to its significance,
and then clearly outline the building's character defining features. This effort will be essential to
assessing potential impacts and developing general programmatic mitigation. (Note, although
this effort will allow for easier environmental clearance of the relocation in the future, it will not
likely provide full clearance on its own. To achieve full clearance, a project specific analysis that
would be tiered from this programmatic analysis could be conducted, with supplemental work
from a structural engineer, to determine the specific impacts and mitigation that may be
needed.)
Potential direct and indirect impacts to cultural resources resulting from the additional
components will be prepared for incorporation into the Cultural Resources and Tribal Cultural
Resources Section of the EIR.
Task 4.4: Greenhouse Gas Emissions and Climate Change
Construction and operation of the proposed project would result in greenhouse gas (GHG)
emissions in greater quantities than existing conditions. To evaluate the Project's contribution of
GHG emissions relative to the existing setting, Consultant will prepare a GHG emissions and
climate change EIR section that describes the existing GHG emissions and climate change
conditions along with the existing regulatory setting; the methodology for determining Project
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impacts; the Project's GHG and climate change impacts, including potential sea level rise
(described in detail below in Task 4.7); and feasible mitigation measures, in consultation with
the District, to reduce or eliminate any potentially significant impacts. In addition, Consultant will
consider relevant and recent case law and the District's GHG reduction efforts, as described in
further detail below.
Construction GHG emissions: Consultant will quantify, to the extent practicable, GHG emissions
associated with construction of the various reconfigurations, including demolition of structures
and roadways, installation of the connector track, changes to Pepper Park, and any building or
structure to be constructed as part of the Project. Consultant will work with the District and/or
Project Applicants in developing a reasonable construction timeframe and inventory of
demolition and construction quantities, equipment and vehicle to be used, and paving and
earthwork quantities. Consultant will estimate emissions to extent feasible with an approved
modeling methodology, compare emissions to relevant thresholds of significance, and prescribe
mitigation measures to reduce or eliminate impacts, if necessary.
Operational GHG emissions: Once constructed, the proposed project would result in a change
in vehicle traffic resulting from the expanded park, park/plaza, commercial recreational, and
maritime uses. Consultant will estimate GHG emissions from all Project components, including
the GB Capital Development, Program -level Commercial Development of two City -owned
Parcels, and the Pasha Connector Rail Track, to extent feasible with an approved modeling
methodology and compare emissions from each project component and the entire EIR as a
whole to thresholds and identify mitigation as appropriate. Mitigation measures, including
relevant measures in the District's Climate Action Plan (CAP), will be prescribed to reduce or
eliminate impacts, if necessary. Based on Consultant's work on previous EIRs at the NCMT,
building an additional train on -site and allowing an additional train to depart per day would
increase GHG emissions proportional to the increase in activity. Moreover, because the terminal
is currently limited by its current acreage and operational inefficiencies, increasing terminal
efficiency by shifting some activity from truck to rail may allow Pasha to increase terminal
throughput which may increase the numbers of vessels that call on NCMT throughout the year.
Consultant will work with the District and Pasha to determine the extent that operations at the
terminal may increase, which may affect all GHG emissions sources associated with terminal
operations. Based on Consultant's previous work at this terminal and at other projects around
the District, Consultant will estimate emissions from additional train activity and as well any
associated emissions sources (vessels, trucks, passenger vans, electricity, and water use) that
may increase as a result of the Project. Mitigation measures, including relevant measures in the
District's CAP as well as those included in recent District EIRs will be prescribed to reduce or
eliminate impacts, if necessary.
Using Consultant's previous District experience with evaluating Port -related GHG impacts,
Consultant will work with District staff to identify an appropriate threshold of significance to
evaluate GHG impacts associated with the proposed project.
The identified thresholds of significance will evaluate impacts during both the 2020 and post-
2020 timeframe, while considering the implication of recent case law, including the recent
Newhall Ranch, SANDAG, and County of San Diego cases. One such approach which has
been used in previous analyses includes evaluating the project against the District's Climate
Action Plan (CAP), which was adopted in 2013 and includes an inventory of existing (2006) and
future year emissions projections and goals and measures to support meeting the statewide
reduction goals set forth in Assembly Bill (AB) 32. In addition, as part of Consultant's threshold
identification process, Consultant will coordinate with the District to ensure all feasible programs
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and approaches are considered and will provide substantial evidence in support of the
thresholds of significance identified and used to evaluate impacts associated with the proposed
project. Both the pre-2020 and post-2020 quantitative analyses will include quantification of
approved and potential District- and state-wide actions to reduce GHG emissions from project -
related emissions sources, to the extent feasible, while providing a discussion of "substantial
progress" towards meeting post-2020 targets as further evidence and disclosure. Consultant will
work with the District in identifying project -specific mitigation, using the CAP and relevant
regional (e.g., SANDAG's Sustainable Communities Strategy) and statewide plans (e.g.,
Scoping Plan) to develop appropriate list of appropriate and feasible mitigation measures while
quantifying emission reductions to the extent feasible.
Task 4.5: Noise and Vibration
Consultant will conduct analyses of the potential noise and vibration impacts associated with the
Project, which includes all components such as the GB Capital Development, the Program -level
Commercial Development of two City -owned parcels, and the Pasha Connector Rail Track.
Special consideration will be given to existing nearby noise -sensitive receptors, which include
residences, an existing hotel, and a park (Consultant's current understanding is that the District
considers existing hotel uses to be noise -sensitive during nighttime hours only, but will also
consult with the City and District to determine how hotels should be addressed). Consistent with
current CEQA case law, the potential impacts of the existing environment on the Project itself do
not need to be analyzed; however, because the Project will introduce new noise and vibration
sources, sensitive portions of the Project, such as hotels and parks, will be considered and
potential impacts will be analyzed.
Consultant will identify relevant noise regulations (city, state and federal) and determine
significance thresholds by which to assess potential project impacts. Existing land uses in the
Project area will be identified along with existing sources of noise. Prior noise studies and other
relevant documents will also be reviewed and used as applicable. Existing noise conditions in
the Project area will be quantified based on short-term (15 — 30 minutes) and/or Tong -term (24-
hour) noise measurements conducted at up to six (6) locations in the Project vicinity. The ability
to obtain Tong -term measurements will be dependent on the accessibility of safe and secure
locations at which to leave unmanned noise monitoring equipment. These measurements will be
supplemented with data gathered in the project area as part of previous studies conducted by
Consultant (i.e., the NCMT Tank Farm Paving and Street Closures EIR).
Construction noise and vibration will be evaluated based on construction equipment data to be
provided by the District and/or Project Applicants, and noise and vibration modeling
methodologies provided by agencies such as the Federal Transit Administration (FTA), the
Federal Highway Administration (FHWA), and the California Department of Transportation
(Caltrans). Rail noise and vibration analyses will be conducted using modeling methodologies
provided by the FTA using railroad operational data to be provided (or developed in coordination
with) by the District/Project Applicants.
Using traffic data provided by the project traffic consultant, traffic noise along nearby roadways
will be modeled for existing, existing -with -project, future, and future -with -project conditions on
affected nearby roadway segments. Traffic noise modeling will be based on data from the most
recent version of the FHWA-approved traffic noise prediction model, Traffic Noise Model (TNM)
version 2.5. Noise from future on -site sources such as parking lots and activities at Pepper Park
will be analyzed using data from similar, prior projects, available published data, and data
provided the City and/or Project Applicants. In addition, representative noise source
measurements will be obtained, if necessary, to help quantify anticipated noise levels from
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specific project elements such as a potential amphitheater in the Pepper Park expansion.
Consultant will work with the District to identify similar existing facilities where such noise
measurements can be obtained.
If significant noise and/or vibration impacts are identified, mitigation measures to reduce impacts
to a Tess -than -significant level, where feasible, will be recommended. Consultant will prepare the
Noise section of the EIR, in accordance with CEQA requirements, that summarizes findings of
the noise and vibration analyses. Additional technical documentation will be included, as
necessary, in an appendix to the EIR.
It has been assumed in -water activities would occur as part of the GB Capital project.
Development of the in -water activities will be analyzed using the same methodologies outlined
above for construction and operational noise and vibration. Consultant will also estimate
construction -related underwater noise levels that may occur as part of the Project. Underwater
noise levels will be evaluated based on in -water construction activity information to be provided
by the District/Project Applicants, and modeling methodologies and guidance provided by
Caltrans. The results of this analysis will be used in the Biological Resources section of the EIR
to assess potential impacts on fish and/or marine mammals. No underwater noise monitoring
will be conducted. The level of analysis (programmatic versus project -level) will be determined
based on the level of detail available for the three phases of this development. Potential impacts
will be included in the analysis.
Task 4.6: Transportation and Parking
Consultant's subconsultant, Chen Ryan Associates (CRA), will provide the following technical
support and documentation for the preparation of the EIR.
Trip Generation: CRA will develop a net trip generation change based on the proposed changes
in land/water uses contained within the project description, which will include all development
components such as the GB Capital Project, Program -level Commercial Development of two
City -owned Parcels, and the Pasha Connector Rail Track Project. Accordingly, CRA will then
assign (or subtract) trips to the adjacent roadway network based on trip generation estimates
and existing travel patterns and redistribute exiting trips that may be affected by the proposed
network changes (e.g., closure of Tidelands Avenue, changes to McKinley Avenue, etc.).
Project Study Area: Based on the assumed changes in vehicular traffic patterns associated with
the proposed project, a project study area will be defined utilizing the standards contained in the
SANTEC / ITE Traffic Impact Study Guidelines in the San Diego Region, March 2000 and input
from District staff. This includes up to 14 intersections, 20 roadway segments, and up to 8
freeway mainline segments.
Existing Conditions and Plus Project Analysis: CRA will analyze and document Existing and
Existing Plus Project traffic conditions. Roadway segments will be analyzed based upon
existing Average Daily Traffic volumes. Intersection LOS and delay analyses will be conducted
for both AM and PM peak hour conditions, utilizing the methods outlined in the 2010 Highway
Capacity Manual. CRA will also add the projected trips associated with each additional
component to both the base and with project scenarios.
Cumulative Conditions: In coordination with District and City staff, CRA will identify any related
approved development projects. It is assumed that both the District and the City will supply all
related information for the identified "cumulative projects."
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In addition, CRA will:
• Analyze and document project opening year traffic conditions with and without the
improvements identified in the project description, including with each Project
component.
• Analyze and document longer -term traffic conditions without and with the improvements
contained in the project description, including the individual Project components.
Background traffic volumes for the longer -term conditions will be based on the SANDAG
Series 12 Year 2035 Transportation Forecast Model.
• Summarize significant cumulative project -related impacts and traffic mitigation
requirements for the project opening year and longer -term conditions, including for each
of the Project components (if feasible).
Project Construction: Vehicular trip generation and truck estimates will be developed during the
peak period of the project construction, including all the separate Project components as
feasible, based on workforce and delivery/hauling estimates, to be provided to the project team
by the District. Construction trip generation estimates will include the projected number of
construction truck trips (materials / equipment delivery and waste hauling) and the construction
worker trips that will access the Project site during both the AM and PM peak hours. Traffic
operations, including peak hour intersection and roadway segment analysis, will be analyzed
under Existing Plus Construction Traffic conditions.
Documentation: All findings from the previous tasks will be documented in a Traffic Impact
Study (TIS) to be submitted to the District and key stakeholders for review and comment.
Based on comments received from District staff and key stakeholders the TIS will be revised
and the Final TIS will be submitted to the District.
Meetings: CRA will attend up to five (5) project related meetings, this includes the project kick
off meeting, project team meetings, community meetings, and public hearings.
Task 4.7: Sea Level Rise
Consultant will undertake a high-level sea level rise (SLR) impact assessment, and if needed,
develop mitigation measures. Consultant will first review and analyze the applicability of
previous studies undertaken in the study area, including those conducted by the San Diego
Regional Climate Collaborative and the San Diego Foundation, previous assessments by the
District, and national assessments conducted by NOAA, the Pacific Institute and others.
Consultant will obtain the latest available land height data, including LiDAR data, from the
District and other sources.
The Consultant, District, and City will identify SLR scenarios that align with the Project's lifetime
and are consistent with the planning horizon of the Project. Consultant will seek to select
scenarios that are consistent with the California Coastal Act, taking into consideration the Draft
California Coastal Commission Sea Level Rise Policy Guidance. Consultant will use those
scenarios in a GIS-based analysis to determine the areas of potential inundation due to mean
sea level rise (permanent inundation) and the effects on the Project (including, as possible,
impacts on the facilities as well as access routes). In addition, Consultant will conduct a basic
screening of the potential for increased flooding during future storm events (temporary
inundation). Unless it is already included in previous modeling efforts, the storm surge
assessment will not include modeling of wave run-up; rather, it will provide an overall sense of
the increased risk from storm events.
If it is determined that sea level rise will result in significant impacts, the Consultant, District, and
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City will then consider mitigation options, including technological solutions (e.g., permanent
barriers such as levees or seawalls) as well as policy and planning (e.g., managing temporary
flooding through emergency preparedness measures). The assessment will recognize that the
need for mitigation options may vary over time through the development of a phased mitigation
strategy. Consultant will qualitatively assess the feasibility of the identified options and make a
final determination about the significance of the impact from sea level rise in consultation with
the District. Consultant assumed that the storm surge assessment will not include modeling of
wave run-up.
This analysis will be incorporated into the GHG section of the EIR and included as an appendix
to the EIR.
Task 5. First Screencheck Draft EIR
Consultant will prepare the first screencheck draft EIR that will focus the discussion on impacts
that were considered to be potentially significant as determined in the Initial Study. As
appropriate, Consultant will utilize recently -completed EIRs in the area (e.g., NCMT Tank Farm
Paving and Street Closures EIR) for existing conditions of the project area and will verify and
update as necessary. In addition, as portions of the project area are within the jurisdiction of the
City, the existing regulations would be updated as necessary. In addition to the methods
discussed under Task 4, Technical Studies, which will all be incorporated in the EIR, Consultant
proposes the following methodology for preparing the additional EIR resource sections.
Consultant assumes that the project description will be finalized prior to the start of the
environmental impact analysis. Existing conditions and regulatory setting can be initiated prior to
project description finalization.
Aesthetics and Visual Resources
The Project includes components that could introduce development features into the project that
may have an impact on visual resources. Consultant will utilize architectural renderings
provided by GB Capital to depict and analyze the proposed visual changes to the Project area.
No visual simulations or bulk/scale/massing exercises are proposed for the program -level
analysis of the potential commercial development of the two City -owned parcels.
Geologic Hazards and Soils
In light of the CBIA v. BAAQMD case, the Geologic Hazards and Soils analysis will consider the
potential for the proposed project to exacerbate the adverse geologic and soil conditions. The
Project area is located in an earthquake prone region and the soils present may have the
potential for liquefaction that could result in ground failure if not properly engineered. Consultant
will review topographic maps, geologic data, fault maps, geologic hazard maps, and liquefaction
maps of the area supplemented with any information provided by the District and City. The
findings will be used to discuss potential geologic hazards and include preliminary geotechnical
conclusions and recommendations for the Project.
Hazards and Hazardous Materials
In light of the CBIA v. BAAQMD case, the analysis will consider the potential for the proposed
project to exacerbate the hazards and hazardous materials condition. Given the location of the
project area near marine terminal uses, there are potential on and off -site hazardous materials,
as well as limited amounts of on -site hazardous materials associated with the proposed
commercial projects (i.e., hotels and RV park). Consultant will utilize recently -completed EIRs in
the area (e.g., NCMT Tank Farm Paving and Street Closures EIR) for information on hazards
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and hazardous materials. Consultant will briefly review online databases including the SWRCB
GeoTracker, Department of Toxic Substances Control EnviroStor, and the Formerly Used
Defense Sites to ensure no new sites have been recorded. No sampling or analysis of soil,
groundwater or other media will be performed. The data obtained from the review of available
documents and databases will be used to prepare the Hazards and Hazardous Materials
section of the EIR.
Hydrology and Water Quality
In light of the CBIA v. BAAQMD case, the analysis will consider the potential for the proposed
project to exacerbate the Hydrology and Water Quality. In general, potential effects on
hydrology and water quality conditions from the proposed project involve proximity to the San
Diego Bay and slight increases in impervious surface area. Consultant will review all available
documents and data resources, including the latest District and City JRMPs, BMP Manuals, and
municipal permits, to prepare the Hydrology/Water Quality section of the E1R. The GB Capital
project will likely need hydromodification and other related BMPs in order to meet updated
standards of the Regional MS4 Permit and as such, these topics will be covered in the
Hydrology and Water Quality analysis. The section will address all Hydrology and Water Quality
Appendix G thresholds and present potential impacts of the project on hydrological and water
quality.
Land Use and Planning
The project would require a PMPA, coastal development permits, and an amendments to City
plans such as but not limited to, the General Plan, Local Coastal Program, and Bicycle Master
Plan. This section will consider whether the proposed project is consistent with applicable plans
and policies, including Chapters 3 and 8 of the Coastal Act. As part of this section, a land use
plan consistency matrix will be developed and will include all applicable plans and programs. If
significant impacts are identified, mitigation will be proposed where feasible.
Population and Housing
The project would potentially be considered growth inducing due to the number of jobs that
would be created from its construction and during its operation. However, Consultant does not
anticipate a population and housing section in the EIR and expects that this discussion can be
addressed in the Effects Found Not to be Significant.
Public Services and Recreation
Due to the potential increase use of the site, the proposed project may have a greater demand
on fire services, parks, and recreation. All of these resource topics would be discussed in the
EIR and mitigation would be proposed, if needed, to ensure significant and unavoidable impacts
would not occur to public services and recreation.
Utilities and Energy Use
The GB Commercial and the potential future development with commercial uses at the two City -
owned parcels would have a large increase in water, wastewater, solid waste, and energy.
Consultant would encourage the proposed project to seek LEED certification or require LEED
certification for future projects proposed to tier from the overall conceptual plan. In any case, the
projects would be required to show how consumption of water, wastewater, and solid waste
would occur. Moreover, the Project qualifies as a water demand project. Therefore, a water
supply assessment (WSA) will need to be prepared. Within National City, Sweetwater Authority
prepares WSAs. Consultant will work with the District to coordinate preparation and approval of
the WSA by Sweetwater Authority. Given the drought conditions, executive orders, and current
Exhibit B — Scope of Work
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regulations related to water use, it is anticipated that Sweetwater Authority will require extensive
water reduction methods. Should Sweetwater Authority decide not to prepare the WSA,
Consultant can prepare the WSA with an amendment to this scope and budget.
Correspondingly, with reduced water use, the Project would have reduced wastewater use.
Consultant will help quantify utility demand (water, wastewater, solid waste, energy) and provide
mitigation as needed to ensure significant and unavoidable impacts are minimized.
In addition, Consultant will provide a discussion of the Project's energy use and conservation
measures along with a consistency analysis with Appendix F of the CEQA guidelines. Once
operational, the proposed project would result in energy consumption in different quantities than
existing uses, primarily due to the increase in motor vehicle and boating fossil fuel combustion,
electricity consumption, and natural gas consumption associated with retail, hotel, and marina
uses. Consultant will quantify, to the extent practicable, energy consumption from both existing
and proposed new uses in discussing the wasteful, inefficient, or unnecessary consumption of
energy, as this may constitute an adverse effect on energy resources as outlined in State CEQA
Guidelines Appendix F. The energy analysis will include a discussion of project -related
conservation measures that would be included to help avoid wasteful energy usage.
Cumulative Impacts
Consultant will prepare a cumulative impact chapter that will consider all past, present, and
probable future projects. In addition to a list of cumulative projects provided by the District and
City, Consultant will contact other nearby jurisdictions if necessary for a list of all nearby projects
outside of the District's and City's jurisdiction. An analysis of the cumulative projects will serve
as the basis for the impact significance determination baseline, while the Project's incremental
contribution to the cumulative baseline will be considered the Project's potential cumulative
impact. Mitigation, in the form of fair share arrangements, will be proposed to reduce cumulative
impacts to the extent feasible.
Alternatives
Consultant will prepare up to 10 alternatives (inclusive of the No -Project Alternative) sufficient to
provide a qualitative comparison to the proposed project's effect on the environment.
Consultant, in consultation with the District, will identify the environmentally superior alternative,
which would be an alternative other than the No -Project alternative. Alternatives to be
considered in the analysis will be based on consultation with the District as well as suggestions
received during the scoping period.
Other Environmental Considerations
Other CEQA considerations will also be included such as Effects Found to be Less than
Significant, Growth Inducing Effects including indirect population growth, and Significant
Irreversible Changes if the Proposed Project is Implemented.
Task 5 Deliverable: First Screencheck Draft EIR
Task 6: Second Screencheck Draft EIR
Consultant will revise the First Screencheck Draft EIR based on comments received from the
District and the City. All revisions will be left in tracked changes and the District and City will
only review and comment on the revisions.
Exhibit B — Scope of Work
Task 6 Deliverable: Second Screencheck Draft EIR
45
1
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Task 7: Third Screencheck Draft EIR (if needed)
if needed, Consultant will revise the Second Screencheck Draft EIR based on comments
received from the District and City. All revisions will be left in tracked changes and the District
and City will only review and comment on the revisions.
Task 7 Deliverable: Third Screencheck Draft EIR
Task 8: Public Review Draft EIR
Consultant will prepare the Public Review Draft EIR based on comments received from the
District and City. Consultant will provide both electronic copies and up to 30 hard copies and 50
CDs of the Public Review Draft EIR. In addition, an electronic copy of each document, or portion
of each document as applicable, referenced or cited in the Draft EIR will be provided.
Consultant will prepare, distribute, and file all public notices associated with the Draft EIR as
well as distribute the Draft EIR. This task assumes comments received will be largely limited to
the redline revisions from preparation of the most recent screencheck Draft EIR.
Task 8 Deliverable: Public Review Draft EIR
(hard copy and electronic web -ready copy)
Task 9: Response to Comments
Consultant will prepare responses to comments received on the EIR during the 45-day public
review. Consultant will work closely with the District and City to strategize the appropriate
responses, and identify areas for revisions to the document if necessary. Consultant has
budgeted time to respond to 150 individual comments and assumes that expanded analyses
would occur that only clarifies the analyses in the EIR but would not result new technical
analyses. Consultant has also budgeted for two full days of working sessions with the District
and City. More than 150 public comments would require an amendment to the scope of work.
Comments received after the 45-day public review period and to which the District or City would
like Consultant to provide a response may adversely affect the ability to remain on schedule.
Task 9 Deliverable: Draft and Final Responses to Comments
Task 10: First Screencheck Final EIR and MMRP
After receipt of the comments from the District and City on the Responses to Comments,
Consultant will prepare the final responses to public comments and the Screencheck Final EIR
along with the mitigation monitoring and reporting program (MMRP). The Final EIR will include
redline/strikeout text to highlight changes in the document and the responses to comments.
Consultant will prepare the mitigation monitoring and reporting program (MMRP) to address the
implementation of the mitigation measures identified in the EIR. For each mitigation' measure,
the MMRP will clearly delineate which project component the mitigation measure applies to,
what percentage or pro rata share of the mitigation measure is applicable to each component,
and the timing or trigger(s) of each mitigation measure in relation to each component.
Exhibit 8 - Scope of Work
Task 10 Deliverable: First Screencheck EIR 8 MMRP
46
I. 7
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Task 11: Second Screencheck Final EIR and MMRP
If necessary, Consultant will revise the first screencheck Final EIR and prepare a second
screencheck Final EIR.
Task 11 Deliverable: Second Screencheck EIR & MMRP
Task 12: Final EIR and MMRP
Based on the comments provided by the District and the City on the Second Screencheck Final
EIR, Consultant will prepare the Final EIR and MMRP for the Board and City Council. As noted
in the RFP, it is assumed that the District and City, as appropriate, will be responsible for
preparation, distribution, and filing all public notices associated with the Final EIR. County filing
fees and California Department of Fish and Wildlife fees will be provided to the Consultant by
the Project Applicants and District. It is assumed that all comments received on the Final E1R
will be limited to the revisions from the previous screencheck of the Final EIR.
Task 12 Deliverable: Final E1R & MMRP
(hard copy and electronic web -ready copy)
Task 13: Findings of Fact and Statement of Overriding Considerations
Consultant will prepare draft Findings of Fact (if significant impacts are determined) and
Statement of Overriding Considerations (if significant and unavoidable impacts are determined)
in accordance with CEQA Guidelines Sections 15091 and 15093.
Task 13 Deliverable: Draft and Final Findings of Fact and
Statement of Overriding Considerations
Task 14: Project Coordination and Meetings
This task would include management of project contracts and subcontracts, schedule, and
Consultant attendance at both team meetings and public meetings. Consultant will be involved
in project team meetings/telephone conferences to discuss the project approach and provide
direction relative to planning and environmental issues. Attendance at all meetings and hearings
shall be at the specific request of the District's Project Manager assigned to this project.
Consultant's budget includes an estimate for this task based on participation in the following
meetings and/or telephone conferences:
• Up to 60 weekly in -person meetings (1 hour each)
• Up to 40 phone conferences (30 minutes each)
• Up to two (2) Board of Port Commissioners meetings
• Up to two (2) City Council meetings in National City
In addition, as discussed above in Task 4.3, CRA will attend up to five project -related meetings
(i.e., project kickoff meeting, project team meetings, public hearing).
Consultant's work efforts will also involve on -going project management that includes regular
Exhibit B — Scope of Work
47
SR 17
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coordination with District staff and project team members, as necessary. Consultant will use a
number of project management tools to ensure that projects are maintained on schedule and
within budget, including phone calls, meetings, e-mail correspondence, etc. Consultant will
provide a monthly status report to the District regarding tasks performed in the prior month and
tasks that are anticipated to be performed in the next month. In addition, the monthly status
report wilt identify any unresolved issues.
Reimbursable Expenses
This task will allow for reimbursable expenses associated with direct costs. Reimbursable
expenses are out-of-pocket expenses such as, but not limited to, blueprinting, printing,
duplicating/copying, reproduction, photography, mileage, and delivery services. Direct
expenses will be billed at cost. The budget assumes printing of the following copies of the EIR
in hard copy and as compact discs (CDs).
Draft EIR
30 hard copies with appendices
15 hard copies of Executive Summary for State Clearinghouse
50 CDs
Final EIR
30 hard copies
30 CDs
Contingency for Unforeseeable Changes to Scope
This task will allow for contingency in the event of unforeseeable changes to the scope of work.
This task would only be triggered after receiving concurrence from the District. An approximately
8% contingency has been established to cover issues that could arise which require additional
consultant services that were not initially considered as part of this Scope of Work. Written
approval from the District must be received prior to Consultant allocating funds from this task for
such services.
II. SCHEDULE
The Consultant shall perform and complete the required services under this Agreement within
18 months after the Project Description is agreed upon by the District and City. A more detailed
schedule may be agreed upon by the Consultant and District. Consultant will work cooperatively
with the District to complete the tasks in a timely manner. Consultant shall keep the District's
Assistant Vice President of Planning & Green Port (or his/her designee) and the Project
Applicants informed of the progress of said services at all times.
•Task _ `.
Duration'...
Notes
Task 1 — Review Background Information
2 weeks
Kick off and
data
gathering
Includes 2
District
Reviews
Task 2 — Project Description
8 weeks
Task 3 — Initial Study/Notice of Preparation
10 weeks
Includes 2
District
Reviews
Exhibit B — Scope of Work
48
Rs 7
132 of 206
Task 4 — Technical Studies
12 weeks
Assumes
Completed
PD and
completion
of Scoping
Period
Task 5 — First Screencheck Draft EIR
16 Weeks
Starts
alongside
Task 4
Task 6 — Second Screencheck Draft EIR
6 weeks
Includes
District
Review
Task 7 — Third Screencheck Draft EIR
6 weeks
Includes
District
Review
Task 8 — Public Review Draft EIR
4 weeks
Includes
District print
screencheck
Task 9 — Responses to Comments
10 weeks
Includes
District
Review
Task 10 — First Screencheck Final EIR and MMRP
2 weeks
Includes
District
Review
Task 11 — Second Screencheck Final EIR and MMRP
1 week
Includes
District
Review
Task 12 — Final EIR and MMRP
2 days
Includes
District print
screencheck
Task 13 — Findings and Statement of Overriding
Considerations
2 weeks
Includes
District
Review
Task 14 — Project Coordination, Meetings, and Quality
Control
N/A
N/A
Task 15 — Reimbursable Expenses
N/A
N/A
III. FEE FOR SERVICES TO BE PERFORMED
Consultant understands that the services rendered under this Scope of Work are subject to all
terms and conditions of the Agreement. The Consultant shall submit monthly progress payment
invoices for services rendered in accordance with the "Maximum Fee and Invoices" section of
the Agreement, which, upon District authorization, will be paid by the Project Applicants. For
satisfactory performance of services rendered consistent with this Scope of Work, District will
authorize Project Applicants to pay the Consultant on a monthly basis based on the completion
of tasks identified above, subject to the limitation of the Maximum Fee provided herein (not
including a contingency). Please note that the fees for each of the tasks listed below are
estimates and District and Consultant reserve the right to move funds between tasks, so long as
the Maximum Fee (without contingency) is not exceeded.
Exhibit B — Scope of Work
49
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Task.
'Fee
Task 1 — Review Background Information
$5,312
Task 2 — Project Description
$11,895
Task 3 — Initial Study/Notice of Preparation
$17,346
Task 4 — Technical Studies
Task 4.1 — Air Quality Health Risk
$29,611
Task 4.2 — Biological Resources (Marine)
$14,500
Task 4.3 — Cultural Resources
$23,487
Task 4.4 —Greenhouse Gas Emissions and Climate Change
$18,141
Task 4.5 — Noise and Vibration
$19,376
Task 4.6 — Transportation and Parking
$37,780
Task 4.7 — Sea Level Rise
$4,002
Task 5 — First Screencheck Draft EIR
$176,191
Task 6 — Second Screencheck Draft EIR
$43,001
Task 7 — Third Screencheck Draft EIR
$17,444
Task 8 — Public Review Draft EIR
$10,315
Task 9 — Responses to Comments
$37,761
Task 10 — First Screencheck Final EIR and MMRP
$16681
Task 11 — Second Screencheck Final EIR and MMRP
$8,678
Task 12 — Final EIR and MMRP
$3,560
Task 13 — Findings and Statement of Overriding Considerations
$6,283
Task 14 — Project Coordination, Meetings, and Quality Control
$41,834
Task 15 — Reimbursable Expenses
$7,250
Contingency
$52,552
TOTAL'
$603,000., ,.
Exhibit B - Scope of Work
50
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EXHIBIT C
CERTIFICATE OF INSURANCE
San Diego Unified Port District
By signing this form, the authorized agent or broker certifies
(1) The Policy or Policies described below have been issued
(are) in force at this time.
(2) As required in the Insured's agreement(s) with the District,
coverages or conditions of coverage noted on page 2
(3) Signed copies of all endorsements issued to effect require
certificate.
Return this form to: San Diego
c/o Ebix
P.O. Box
Hemet,
Email:
Fax: 1-866-866-6516
the following:
by the noted Insurer(s) [Insurance Company(ies)] to the Insured and is
the policies include, or have been endorsed to include, the
of this certificate.
coverages or conditions of coverage are attached to this
Unified Port District
BPO
12010-3
CA 92546-8010 —OR—
sdupdRprod.certificatesnow.com
Name and Address of Insured (Consultant)
SDUPD Agreement
This certificate applies to
property in connection with
Number:
all operations of named Insureds on District
all agreements between the District and Insured.
CO LTR
TYPE OF INSURANCE
POLICY NO.
DATES
LIMITS
Commercial General Liability
L Occurrence Form
❑ Claims -made Form
Retro Date
Inception Date:
Expiration Date:
Each Occurrence:
$
General Aggregate:
$
Ei Liquor Liability
Deductible/SIR: $
Commercial Automobile Liability
❑ All Autos
0 Owned Autos
❑ Non -Owned & Hired Autos
Inception Date:
Expiration Date:
Each Occurrence:
$
Workers' Compensation —
Statutory
Employer's Liability
Inception Date:
Expiration Date:
E.L. Each Accident $
E.L. Disease Each Employee $
E.L. Disease Policy Limit $
Excess/LImbrella Liability
Inception Date:
Expiration Date:
Each Occurrence: $
General Aggregate: $
CO LTR
COMPANIES AFFORDING COVERAGE
A. M. BEST RATING
A
B
C
D
A. M. Best Financial Ratings of Insurance Companies Affording Coverage Must be A- VII or better unless approved in writing by the District.
Name and Address of Authorized Agent(s) or Broker(s)
Phone Numbers
Toll Free: Fax Number:
E-mail Address:
51
(RR1 - 3
135 of 206
SAN DIEGO UNIFIED PORT DISTRICT
REQUIRED INSURANCE ENDORSEMENT
ENDORSEMENT NO.
EFFECTIVE DATE POLICY NO.
NAMED INSURED:
GENERAL DESCRIPTION OF AGREEMENT(S) AND/OR ACTIVITY(IES):
All written agreements, contracts and leases with the San Diego Unified Port District
and any and all activities or work performed on district premises
Notwithstanding any inconsistent statement in the policy to which this endorsement is
attached or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The San Diego Unified Port District, its officers, agents, and employees are additional
insureds in relation to those operations, uses, occupations, acts, and activities described
generally above, including activities of the named insured, its officers, agents, employees or
invitees, or activities performed on behalf of the named insured.
2. Insurance under the policy(ies) listed on this endorsement is primary and no other insurance
or self -insured retention carried by the San Diego Unified Port District will be called upon to
contribute to a loss covered by insurance for the named insured.
3. This endorsement shall include a waiver of transfer of rights of recovery against the San
Diego Unified Port District ("Waiver of Subrogation").
4. The policy(ies) listed on this endorsement will apply separately to each insured against whom
claim is made or suit is brought except with respect to the limits of the insurer's liability.
5. As respects the policy(ies) listed on this endorsement, with the exception of cancellation due
to nonpayment of premium, thirty (30) days written notice by certified mail, return receipt
requested, will be given to the San Diego Unified Port District prior to the effective date of
cancellation. In the event of cancellation due to nonpayment of premium, ten (10) days written
notice shall be given.
Except as stated above, and not in conflict with this endorsement, nothing contained herein shall
be held to waive, alter or extend any of the limits, agreements or exclusions of the policy(ies) to
which this endorsement applies.
(NAME OF INSURANCE COMPANY)
(SIGNATURE OF INSURANCE COMPANY AUTHORIZED REPRESENTATIVE)
MAIL THIS ENDORSEMENT AND NOTICES OF CANCELLATION:
San Diego Unified Port District
c/o Ebix BPO
P.O. Box 12010-3
Hemet, CA 92546-8010 — OR —
Email to: sdupd@prod.certificatesnow.com
Fax: 1-866-866-6516
52
136 of 206
San Diego Unified Port District
Document No._ 52236V
Filed OCT 13 2017
Office of the District Clerk
AMENDMENT TO AGREEMENT
The parties to this Amendment to Agreement are the SAN DIEGO UNIFIED PORT
DISTRICT, a public corporation ("District"), CITY OF NATIONAL CITY, a municipal
corporation of the state of California (City), ICF JONES & STOKES, INC., a Delaware
corporation ("Consultant"), PASHA AUTOMOTIVE SERVICES, a California corporation
("Pasha"), and GB CAPITAL HOLDINGS, a Limited Liability Corporation ("GB Capital").
Pasha and GB Capital are collectively referred herein as "Applicant" or "Applicants." The
District and City are collectively referred herein as "Agencies." The Agencies,
Consultant and Applicants are sometimes individually referred to as a "Party" and are
sometimes collectively referred to as "Parties."
Recitals:
The Parties entered into an agreement, on file in the office of the District Clerk as
Document No. 66173, filed February 23, 2017 ("Agreement"), for professional services
whereby Consultant is to prepare an EIR for the Proposed Project, as defined and
described in Exhibit A to the Agreement.
It is now proposed to enter into an Amendment to the Agreement to add $72,000 in
additional funds needed to amend the Consultant's Scope of Work to complete the
tasks described in Exhibit A-1, Additional Scope of Work, attached hereto and
incorporated herein, and to revise the shared cost and expense breakdown identified in
the Agreement.
The Parties Agree:
The Agreement is amended as follows:
1. The total maximum expenditure under this Agreement is hereby increased by
Seventy Two Thousand Dollars ($72,000.00) from Six Hundred Three Thousand
Dollars ($603,000.00) to Six Hundred Seventy Five Thousand Dollars
($675,000.00).
2. Sections 2 (Reservation of Discretion — Proposed Project), 3 (Scope of Work)
and 5.4 (Compensation of Consultant) of the Agreement are revised to reflect the
following revised shared cost and expense breakdown percentages: Agencies
each responsible for thirty-one (31) percent and Applicants each responsible for
nineteen (19) percent for any and all Consultant services rendered pursuant to
the Agreement, as amended by this Amendment to Agreement. And therefore,
per this Amendment to Agreement, the District shall pay for the Agencies' costs
(sixty-two (62) percent of the total Consultant cost), and the Applicants shall each
pay nineteen (19) percent of the total Consultant cost.
3. The Scope of Work is hereby amended to include additional services, as
described and attached hereto as Exhibit A-1 and incorporated herein and
Attachment 2
53
137 of 206
n�
accordingly, Consultant shall perform the Scope of Work, as described in Exhibit
B of the Agreement, as amended by Exhibit A-1, Additional Scope of Work.
4. All other terms, covenants, and conditions in the original Agreement shall remain
in full force and effect and shall be applicable to this Amendment.
DATED: d C1-0 bQ Y ins' 2017
Approved as to form and legality: SAN DIEGO UNIFIED PORT DISTRICT
GE � ' � LCOUNS L�
i j fifiilablikt � I By
By: Senior Deputy Counsel (, v'i- lats i, t-the-
I) I FP,Grnr-, C't,A-N r'i i tiC<
Planning and Green Port
Approved as to form and legality: CITY OF NATIONAL CITY,
CITY ATTORNEY
a Municipal Corporation of the State of California
By
By: ANGIL MORRIS-JONES BRAD RAULSTON
City Attorney Deputy City Manager
ICF JONES & STOKES, INC.,
a Delaware Corporation
By
PASHA AUTOMOTIVE SERVICES,
a California Corporation
By
GB CAPITAL HOLDINGS,
a Limited Liability Corporation of the State of
California
By
54
138 of 206
accordingly, Consultant shall perform the Scope of Work, as described in Exhibit
B of the Agreement, as amended by Exhibit A-1, Additional Scope of Work.
4. All other terms, covenants, and conditions in the original Agreement shall remain
in full force and effect and shall be applicable to this Amendment.
DATED: , 2017
Approved as to form and legality: SAN DIEGO UNIFIED PORT DISTRICT
GENERAL COUNSEL
By
By: Senior Deputy General Counsel JASON H. GIFFEN
Assistant Vice President
Planning and Green Port
Approved as to form and legality:
CITY ATTORNEY ,. a Municipal Corporation of th .te of Califomia
CITY OF NATIONAL CITY,
By
Bv: _► MO" •�� BRAD
ity Attorney Dep y Manager
ICF JONES & STOKES, INC.,
a Delaware Corporation
By
PASHA AUTOMOTIVE SERVICES,
a Califomia Corporation
By
GB CAPITAL HOLDINGS,
a Limited Liability Corporation of the State of
California
By
55
139 of 206
accordingly, Consultant shall perform the Scope of Work, as described in Exhibit
B of the Agreement, as amended by Exhibit A-1, Additional Scope of Work.
4. All other terms, covenants, and conditions in the original Agreement shall remain
in full force and effect and shall be applicable to this Amendment.
DATED: , 2017
Approved as to form and legality: SAN DIEGO UNIFIED PORT DISTRICT
GENERAL COUNSEL
By
By: Senior Deputy General Counsel JASON H. GIFFEN
Assistant Vice President
Planning and Green Port
Approved as to form and legality: CITY OF NATIONAL CITY,
CITY ATTORNEY a Municipal Corporation of the State of California
By
By: ANGIL MORRIS-JONES BRAD RAULSTON
City Attorney Deputy City Manager
ICF JONES & STOKES, INC.,
a Delaware Corporation
By
Digitally signed by Trina L. Prince
ON: cn=Ttina L. Prince, o=ICF Jones &Stokes, Inc.,
ilk--)�0 u=04003,email=trina.prince@icf.cam, c=US
Date: 2017.09.25 13:44:45-07'00'
PASHA AUTOMOTIVE SERVICES,
a California Corporation
By
GB CAPITAL HOLDINGS,
a Limited Liability Corporation of the State of
California -
By
56
140 of 206
accordingly, Consultant shall perform the Scope of Work, as described in Exhibit
B of the Agreement, as amended by Exhibit A-1, Additional Scope of Work,
4. All other terms, covenants, and conditions in the original Agreement shall remain
in full force and effect and shall be applicable to this Amendment.
DATED: , 2017
Approved as to form and legality: SAN DIEGO UNIFIED PORT DISTRICT
GENERAL COUNSEL
By
By: Senior Deputy General Counsel JASON H. GIFFEN
Assistant Vice President
Planning and Green Port
Approved as to form and legality: CITY OF NATIONAL CITY,
CITY ATTORNEY a Municipal Corporation of the State of California
By
By: ANGIL MORRIS-JONES BRAD RAULSTON
City Attorney Deputy City Manager
ICF JONES & STOKES, INC.,
a Delaware Corporation
By
PASHA AUTOM • E SERVICES,
a Cali .rnia
By
GB C AL HOLDINGS,
a Limited Liability Corporation of the State of
California
By
57
141 of 206
accordingly, Consultant shall perform the Scope of Work, as described in Exhibit
B of the Agreement, as amended by Exhibit A-1, Additional Scope of Work.
4. All other terms, covenants, and conditions in the original Agreement shall remain
in full force and effect and shall be applicable to this Amendment.
DATED: , 2017
Approved as to form and legality: SAN DIEGO UNIFIED PORT DISTRICT
GENERAL COUNSEL
By
By: Senior Deputy General Counsel JASON H. GIFFEN
Assistant Vice President
Planning and Green Port
Approved as to form and legality: CITY OF NATIONAL CITY,
CITY ATTORNEY a Municipal Corporation of the State of California
By
By: ANG!L MORRIS-JONES BRAD RAULSTON
City Attorney Deputy City Manager
ICF JONES & STOKES, INC.,
a Delaware Corporation
By
PASHA AUTOMOTIVE SERVICES,
a California Corporation
By
GB CAPITAL HOLDINGS,
a Limited Liability Corgarajfbn of tState of
California .
By
58
142 of 206
EXHIBIT A-1
Amended Scope of Work
The following work items cover additional work to be completed by the Consultant, at
the request of the City and as agreed to by the District, for preparation of the
Environmental Impact Report (EIR) for the National City Bayfront Projects and Plan
Amendments ("Proposed Project" or "project"). The Proposed Project will be revised to
include the following, which are collectively referred to hereafter as "Bay Marina Drive
scenarios":
• Partial closure ("road diet") of Bay Marina Drive, west of Marina Way. This
includes narrowing the roadway from a 4-lane road to a 2-lane road.
• Full closure of Bay Marina Drive, west of Marina Way. This would divert all
traffic.
For the traffic analysis to be able to identify what percentage or pro rata share of
mitigation measures apply to each project component, the following traffic scenarios will
be evaluated for the Bay Marina Drive scenarios, as described above.
1. Existing
2. Existing + Development Projects*
3. Existing + District Public Works Projects**
4. Existing + Complete Bayfront Plan***
5. Existing + Closure of Bay Marina Drive (new scenario)
6. Existing + Partial Closure of Bay Marina Drive (new scenario)
7. Existing + Complete Bayfront Plan with Closure of Bay Marina Drive (new scenario)
8. Existing + Complete Bayfront Plan with Partial Closure of Bay Marina Drive (new scenario)
9. Near -term Base Conditions
10. Near -term + Complete Bayfront Plan
11. Near -term + Complete Bayfront Plan with Closure of Bay Marina Drive (new scenario)
12. Near -term + Complete Bayfront Plan with Partial Closure of Bay Marina Drive (new scenario)
13. Long-term Base Conditions
14. Long-term + Complete Bayfront Plan
15. Long-term + Complete Bayfront Plan with Closure of Bay Marina Drive (new scenario)
16. Long-term + Complete Bayfront Plan with Partial Closure of Bay Marina Drive (new scenario)
All 16 traffic scenarios of the traffic analysis will subsequently be utilized for the air
quality, greenhouse gas emissions, and noise analyses. As noted above, only traffic
scenarios 5, 6, 7, 8, 11, 12, 15, and 16 are "new" scenarios to this amended Scope of
Work; the remaining traffic scenarios were contemplated in the Scope of Work included
in the original Agreement. More specifically, amending the scope of the traffic, air
quality, greenhouse gas emissions, and noise analyses will result in additional work
items for Task 2, Task 4, Task 5, Task 6, Task 7, Task 8, Task 9, Task 10, Task 13, and
Task 14, which are proposed to be revised, as described below. The contingency funds
for this agreement are also proposed to be increased, as described below.
Development Projects is defined collectively as the Bayshore Bikeway Project, Pasha Projects, the GB Capital
Project, and the City Program.
District Public Works Projects is defined collectively as the realignment of Marina Way and the expansion to
Pepper Park
*** Complete Bay -front Plan is defined collectively as the Development Projects + District Public Works Projects
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1. REVISED WORK PROGRAM
Task 2 — Project Description
The project description will be revised to include the Bay Marina Drive scenarios.
Task 4 — Technical Studies
Task 4.1: Air Quality and Health Risk & Task 4.4: Greenhouse Gas Emissions
and Climate Change
The scope of work will be expanded to address the additional eight traffic
scenarios, as described above. The Bay Marina Drive scenarios would result in a
portion or all traffic, and notably diesel -powered terminal trucks, diverting to
alternate paths, which would expose new sensitive receptors along the new
travel paths to emissions from diesel -powered trucks. The scope of work in the
Agreement assumes a quantitative health risk assessment (HRA) if adequate
data is available to perform the analysis, and a qualitative analysis if adequate
data is not available. This amended scope of work assumes that adequate data
to estimate the potential health risk from exposing any additional receptors to
truck emissions will be available, and a quantitative assessment, using
AERMOD, will be performed for both Bay Marina Drive scenarios, and the
incremental cancer risk will be estimated for maximally exposed receptors along
the new travel paths. Moreover, the Bay Marina Drive scenarios may increase
truck travel distance to the freeway, since Bay Marina Drive is likely the shortest
distance from the freeway. Thus, Consultant will estimate the change in truck -
related criteria pollutants and greenhouse gas emissions associated with any
increase in vehicle miles traveled. Also, if the Bay Marina Drive scenarios result
in new congestion or worsen existing congestion at any roadway segment or
intersection in the study area, Consultant will perform a carbon monoxide hot -
spot analysis at up to three additional intersections, for a total of up to eight
intersections.
Task 4.5: Noise and Vibration
The scope of work will be expanded to include the Bay Marina Drive scenarios,
which would result in vehicles, particularly diesel -powered terminal trucks,
diverting to alternate paths. These alternate routes would expose new sensitive
receptors along the new travel paths to traffic noise and would generally expand
both the number of roadway segments to be modelled and increase the number
of scenarios to be analyzed by eight (corresponding to the eight "new" traffic
scenarios described above).
Task 4.6: Transportation and Parking
The scope of work described for Task 4.6 in the Agreement is hereby replaced
with the following, which adds the Bay Marina Drive scenarios and provides
additional clarification to the original scope of work. However, only the eight new
traffic scenarios, as described above, associated with the Bay Marina Drive
scenarios require budget beyond the fee identified in the original Agreement.
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Consultant's subconsultant, Chen Ryan Associates (CRA) will provide the
following technical support and documentation for the preparation of the EIR.
Project Description Trip Generation, Assignment and Redistribution — Develop a
net trip generation change based on the proposed changes in land/water uses
and development projects contained within the project description. Assign (or
subtract) trips to the adjacent roadway network based on trip generation
estimates and existing travel patterns. Redistribute exiting trips that may be
affected by the proposed network changes (closure of Tidelands Avenue,
conversion of McKinley Avenue to one-way southbound, etc.). Identify the
potential redistribution of vehicular traffic with the Bay Marina Drive scenarios,
which are assumed as separate analysis scenarios.
Project Study Area - Based on the assumed changes in vehicular traffic patterns
associated with the proposed project, developed under the work described in the
above paragraph, a project study area will be defined utilizing the standards
contained in the SANTEC / ITE Traffic Impact Study Guidelines in the San Diego
Region, March 2000 and input from District staff. This includes up to 17
intersections, 26 roadway segments, and up to 8 freeway mainline segments.
Analysis Scenarios — Analyze and document the traffic conditions under the
following scenarios. Roadway segments will be analyzed based upon existing
Average Daily Traffic volumes. Intersection Level of Service (LOS) and delay
analyses will be conducted for both AM and PM peak hour conditions, utilizing
the methods outlined in the 2010 Highway Capacity Manual. Determine the
associated traffic related impacts, for each component of the project, under each
of the following scenarios. Determine appropriate mitigation measures to reduce
the identified traffic related impacts to Tess than significant. Allocate the fair
share contributions for each mitigation measure to each project component. The
following analysis scenarios are required to identify the direct impacts associated
with each project component, and to determine their fair -share responsibilities for
cumulative related impacts:
Existing Conditions Analysis — Analyze and document the Existing traffic
conditions within the project study area. This condition will determine an
existing baseline in which direct project related impacts can be determined
by.
Existing Plus Development Projects — The scenario assumes existing
conditions with the development of Segment 5 of the Bayshore Bikeway,
the closure of Tidelands Avenue, and the implementation of the proposed
land development projects (collectively "Development Projects"). The
direct impacts associated with these projects will be identified, as well as
associated mitigation measures. A fair share allocation of the
responsibility of these impacts will also be determined for each
responsible party. The purpose of this scenario is to identify the direct
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impacts associated with the projects that are not included in the District's
Public Works improvements, as defined in the following paragraph.
Existing Plus District Public Works Projects - The scenario assumes
existing conditions with the proposed expansion of Pepper Park as well as
the Marina Way Roadway Realignment (collectively "District Public Works
Projects"). The direct impacts associated with these projects will be
identified, as well as associated mitigation measures. The purpose of this
scenario is to identify the direct impacts associated with the District's
Public Works Projects.
Existing Plus Complete Bayfront Plan — This scenario assumes the
implementation of both the proposed Development Projects, as well as the
District Public Works Projects (collectively "Complete Bayfront Plan"). The
direct impacts associated with the Complete Bayfront Plan will be
identified, as well as, associated mitigation measures. A fair share
allocation of the responsibility of these impacts will also be determined for
each responsible party. The purpose of this scenario is to identify the total
direct impacts associated with proposed project as a whole.
Existing Plus the Closure of Bay Marina Drive — This scenario assumes
that Bay Marina Drive, west of Marina Way, will be closed to vehicular
traffic. The purpose of this scenario is to identify the direct impacts
associated with the proposed closure, as well as recommend
corresponding mitigation measures.
Existing Plus the Partial Closure of Bay Marina Drive — This scenario
assumes that Bay Marina Drive, west of Marina Way, will be narrowed to
one lane in each direction. The purpose of this scenario is to identify the
direct impacts associated with the proposed partial closure, as well as
recommend corresponding mitigation measures.
Existing Plus Total Bayfront Plan with Closure of Bay Marina Drive — This
scenario assumes the implementation of both the proposed Development
Projects, the District Public Works Projects, and the full closure of Bay
Marina Drive. The direct impacts associated with this scenario will be
identified, as well as associated mitigation measures. A fair share
allocation of the responsibility of these impacts will also be determined for
each responsible party. The purpose of this scenario is to identify the total
direct impacts associated with proposed project as a whole, with the full
closure of Bay Marina Drive.
Existing Plus Complete Bayfront Plan with Partial Closure of Bay Marina
Drive — This scenario assumes the implementation of the proposed
Development Projects, the District Public Works Projects, and the partial
closure of Bay Marina Drive. The direct impacts associated with this
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scenario will be identified, as well as associated mitigation measures. A
fair share allocation of the responsibility of these impacts will also be
determined for each responsible party. The purpose of this scenario is to
identify the total direct impacts associated with proposed project as a
whole, with the partial closure of Bay Marina Drive.
Near -Term Base Conditions — In coordination with District and City of
National City staff, identify any recently approved development projects.
All related information for the identified "cumulative projects" will be
supplied by both the District and the City of National City. The purpose of
this scenario is to develop a near -term cumulative baseline in which Near -
Term Cumulative impacts can be identified by. Near -Term Base conditions
represents the project's opening year.
Near -Term Plus Complete Bayfront Plan — This scenario assumes the
implementation of the proposed Development Projects and the District
Public Works Projects under near -term conditions. The near -term
cumulative impacts associated with this scenario will be identified, as well
as associated mitigation measures. A fair share allocation of the
responsibility of these impacts will also be determined for each
responsible party. The purpose of this scenario is to identify the total
near -term cumulative impacts associated with proposed project as a
whole, under project opening year conditions.
Near -Term Plus Complete Bayfront Plan with Closure of Bay Marina Drive
— This scenario assumes the implementation of the proposed
Development Projects, the District Public Works Projects, and the full
closure of Bay Marina Drive under near -term conditions. The near -term
cumulative impacts associated with this scenario will be identified, as well
as associated mitigation measures. A fair share allocation of the
responsibility of these impacts will also be determined for each
responsible party. The purpose of this scenario is to identify the total
cumulative impacts associated with proposed project as a whole, with the
full closure of Bay Marina Drive, under project opening year conditions.
Near -Term Plus Complete Bayfront Plan with Partial Closure of Bay
Marina Drive — This scenario assumes the implementation of the proposed
Development Projects, the District Public Works Projects, and the partial
closure of Bay Marina Drive under near -term conditions. The near -term
cumulative impacts associated with this scenario will be identified, as well
as associated mitigation measures. A fair share allocation of the
responsibility of these impacts will also be determined for each
responsible party. The purpose of this scenario is to identify the total
cumulative impacts associated with proposed project as a whole with the
partial closure of Bay Marina Drive, under project opening year conditions.
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Future Year Base Conditions - Background traffic volumes for the longer -
term conditions will be based on the City of National City General Plan as
well as the SANDAG Series 12 Year 2035 Transportation Forecast Model.
The purpose of this scenario is to develop a Future Year cumulative
baseline in which Future Year Cumulative impacts can be identified by.
Future Year Plus Complete Bayfront Plan — This scenario assumes the
implementation of the proposed Development Projects and the District
Public Works Projects under Future Year conditions. The Future Year
cumulative impacts associated with this scenario will be identified, as well
as associated mitigation measures. A fair share allocation of the
responsibility of these impacts will also be determined for each
responsible party. The purpose of this scenario is to identify the total
Future Year cumulative impacts associated with proposed project as a
whole, under project future year conditions.
Future Year Plus Complete Bayfront Plan with Closure of Bay Marina
Drive — This scenario assumes the implementation of the proposed
Development Projects, the District Public Works Projects, and the full
closure of Bay Marina Drive under Future Year conditions. The Future
Year cumulative impacts associated with this scenario will be identified, as
well as associated mitigation measures. A fair share allocation of the
responsibility of these impacts will also be determined for each
responsible party. The purpose of this scenario is to identify the total
cumulative impacts associated with proposed project as a whole with the
full closure of Bay Marina Drive, under project future year conditions.
Future Year Plus Complete Bayfront Plan with Partial Closure of Bay
Marina Drive — This scenario assumes the implementation of the proposed
Development Projects, the District Public Works Projects, and the partial
closure of Bay Marina Drive under Future Year conditions. The Future
Year cumulative impacts associated with this scenario will be identified, as
well as associated mitigation measures. A fair share allocation of the
responsibility of these impacts will also be determined for each
responsible party. The purpose of this scenario is to identify the total
cumulative impacts associated with proposed project as a whole with the
partial closure of Bay Marina Drive, under project future year conditions.
Project Construction - Vehicular trip generation and truck estimates will be
developed during the peak period of the project construction based on workforce
and delivery/hauling estimates, to be provided to the project team by the District.
Construction trip generation estimates will include the projected number of
construction truck trips (materials / equipment delivery and waste hauling) and
the construction worker trips that will access the project site during both the AM
and PM peak hours. Traffic operations, including peak hour intersection and
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roadway segment analysis, will be analyzed under Existing Plus Construction
Traffic conditions.
Documentation - All findings will be documented in a Traffic Impact Study (TIS) to
be submitted to the District and key stakeholders for review and comment.
Based on comments received from District staff and key stakeholders the TIS will
be revised and the Final TIS will be submitted to the District. It is assumed that
CRA will spend up to 24 hours responding to public comments on the EIR.
Meetings - CRA will attend up to five (5) project related meetings, this includes
the project kick off meeting, project team meetings, community meetings, and
public hearings.
Tasks 5-10, 13-14
Additional sections of the EIR will be updated to incorporate an analysis of the
two Bay Marina Drive scenarios. At this time, it is anticipated that additions will
be prepared for the following EIR sections:
• Public Services (i.e. Police and Fire Services),
• Land Use and Planning (consistency with approved plans), and
• Cumulative impacts.
Moreover, additional limited budget is provided for revisions in the various
administrative drafts if changes related to the analyses for the additional Bay
Marina Drive scenarios are required. However, this assumes no changes to the
proposed Bay Marina Drive scenarios themselves once the analysis is initiated.
Furthermore, because there may be additional impacts and mitigation under the
different Bay Marina Drive scenarios, additional budget has been included for
additional Findings pursuant to CEQA.
Contingency for Unforeseeable Changes to Scope
The contingency of this agreement is increased by $2,006 as additional funds
may be necessary for unforeseeable changes to the scope of work that could
result after public review of the Draft EIR. Written approval from the District must
be received prior to Consultant allocating funds from this task for such services.
II. REVISED FEE FOR SERVICES TO BE PERFORMED
The above -mentioned work will be performed on a time and materials basis not to
exceed a total of $72,000. The total amount of these Labor costs shall be billed in
accordance with Consultant's hourly rates, as depicted on Section 5 of the original
Agreement.
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Task
Proposed
Fee
Increase
Overall
Total Fee
per Task
Task 1 - Review Background Information
$0
$5,312
Task 2 - Project Description
$575
$12,470
Task 3 - Initial Study/Notice of Preparation
$0
$17,346
Task 4 - Technical Studies
Task 4.1 - Air Quality and Health Risk
$8,191
$37,802
Task 4.2 - Biological Resources (Marine)
$0
$14,500
Task 4.3 - Cultural Resources
$0
$23,487
Task 4.4 - Greenhouse Gas Emissions and Climate Change
$1,463
$19,604
Task 4.5 - Noise and Vibration
$10,761
$30,137
Task 4.6 - Transportation and Parking
$21,500
$59,280
Task 4.7 - Sea Level Rise
$0
$4,002
Task 5 - First Screencheck Draft EIR
$19,321
$195,512
Task 6 - Second Screencheck Draft EIR
$2,318
$45,319
Task 7 - Third Screencheck Draft EIR
$633
$18,077.
Task 8- Public Review Draft EIR
$438
$10,753
Task 9 - Responses to Comments
$1,442
$39,203
Task 10 - First Screencheck Final EIR and MMRP
$1,257
$17,938
Task 11 -Second Screencheck Final EIR and MMRP
$0
$8,678
Task 12 - Final EIR and MMRP
$0
$3,560
Task 13 - Findings and Statement of Overriding Considerations
$770
$7,053
Task 14 - Project Coordination, Meetings, and Quality Control
$1,325
$43,159
Task 15 - Reimbursable Expenses
$0
$7,250
Contingency
$2, 006
$54, 558
TOTAL
$72,000
$675,000
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(5)
San Diego Unified Port District
Document N•. 6S8O
Filed APR10 2019
Office of the District Clerk
SECOND AMENDMENT TO AGREEMENT
The parties to this Second Amendment to Agreement are the SAN DIEGO UNIFIED
PORT DISTRICT, a public corporation ("District"), CITY OF NATIONAL CITY, a
municipal corporation of the state of California (City), ICF JONES & STOKES, INC., a
Delaware corporation ("Consultant"), PASHA AUTOMOTIVE SERVICES, a California
corporation ("Pasha"), and GB CAPITAL HOLDINGS, a Limited Liability Corporation
("GB Capital"). Pasha and GB Capital are collectively referred herein as "Applicant" or
"Applicants." The District and City are collectively referred herein as "Agencies." The
Agencies, Consultant and Applicants are sometimes individually referred to as a "Party"
and are sometimes collectively referred to as "Parties."
Recitals:
The Parties entered into an agreement, on file in the office of the District Clerk as
Document No. 66173, filed February 23, 2017 ("Agreement"), for professional services
whereby Consultant is to prepare an EIR for the Proposed Project, as defined and
described in Exhibit A to the Agreement and also an amendment to the Agreement on
file in the office of the District Clerk as Document No. 67390, filed October 13, 2017.
It is now proposed to enter into a Second Amendment to the Agreement to extend the
Agreement end date to June 30, 2020.
The Parties Agree:
The Agreement is amended as follows:
1. The term of the Agreement is hereby extended and shall terminate on June 30,
2020.
4. All other terms, covenants, and conditions in the original Agreement, as
amended, shall remain in full force and effect and shall be applicable to this
Second Amendment.
Approved as to form and legality:
GENERAL COUNSEL
viiigtar
By: Senior De- - -I C•unsel
SAN DIEGO UNIFIED PORT DISTRICT
ORIGINAL
ON H. GIFFEN
istant Vice Presid
anning and Green Port
Attachment 3
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Approved as to form and legality:
CITY OF NATIONAL CITY,
CITY ATTORNEY a Municipal Corporation of the State of California
By
MORRIS-J
ity Attorney 1 Deputy City Manager
ICF JONES & STOKES, INC.,
a Delaware Corporation
By
PASHA AUTOMOTIVE SERVICES,
a California Corporation
By
GB CAPITAL HOLDINGS,
a Limited Liability Corporation of the State of
California
By
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Approved as to form and legality: CITY OF NATIONAL CITY,
CITY ATTORNEY a Municipal Corporation of the State of California
By
By: ANGIL MORRIS-JONES BRAD RAULSTON
City Attorney Deputy City Manager
ICF JONES & STOKES, INC.,
a Delaware Corporation
is
By
PASHA AUTOMOTIVE SERVICES,
a California Corporation
By
GB CAPITAL HOLDINGS,
a Limited Liability Corporation of the State of
California
By
69
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Approved as to form and legality: CITY OF NATIONAL CITY,
CITY ATTORNEY a Municipal Corporation of the State of California
By
By: ANGIL MORRIS-JONES BRAD RAULSTON
City Attorney Deputy City Manager
ICF JONES & STOKES, INC.,
a Delaware Corporation
By
PASHA AUTOMOTIVE SERVICES,
a California Corporation
By
GB CAPITAL HOLDINGS,
a Limited Liability Corporation of the State of
California
By
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Approved as to form and legality: CITY OF NATIONAL CITY,
CITY ATTORNEY a Municipal Corporation of the State of California
By
By: ANGEL MORRIS-JONES BRAD RAULSTON
City Attorney Deputy City Manager
ICF JONES & STOKES, INC.,
a Delaware Corporation
By
PASHA AUTOMOTIVE SERVICES,
a California Corporation
By
GB CAPITAL HOLDINGS,
a Limited Lia•ility Corporation of the State of
California
By
I
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THIRD AMENDMENT TO AGREEMENT
The parties to this Third Amendment to Agreement are the SAN DIEGO UNIFIED PORT
DISTRICT, a public corporation ("District"), CITY OF NATIONAL CITY, a municipal corporation
of the state of California (City), ICF JONES & STOKES, INC., a Delaware corporation
("Consultant"), PASHA AUTOMOTIVE SERVICES, a California corporation ("Pasha"), and GB
CAPITAL HOLDINGS, a Limited Liability Corporation ("GB Capital"). Pasha and GB Capital are
collectively referred herein as "Applicant" or "Applicants." The District and City are collectively
referred herein as "Agencies." The Agencies, Consultant and Applicants are sometimes
individually referred to as a "Party" and are sometimes collectively referred to as "Parties."
Recitals:
The Parties entered into an agreement, on file in the office of the District Clerk as Document No.
66173, filed February 23, 2017 ("Agreement"), for professional services whereby Consultant is
to prepare an EIR for the Proposed Project, as defined and described in Exhibit A to the
Agreement. An amendment to the Agreement is on file in the office of the District Clerk as
Document No. 67390, filed October 13, 2017; and a second amendment to the Agreement is on
file in the office of the District Clerk as Document No. 69808, filed April 10, 2019.
It is now proposed to enter into a Third Amendment to the Agreement to add $70,232 in
additional funds needed to complete the tasks described in the attached Exhibit A-2, Additional
Scope of Work, attached hereto and incorporated herein; to revise the shared cost and expense
breakdown identified in the Agreement; and to extend the termination date of the Agreement to
December 31, 2020.
The Parties Agree:
The Agreement is amended as follows:
1. The total maximum expenditure under this Agreement is hereby increased by Seventy
Thousand Two Hundred Thirty-two Dollars ($70,232.00) from Six Hundred Seventy -Five
Thousand Dollars ($675,000.00) to Seven Hundred Forty -Five Thousand Two Hundred
Thirty -Two Dollars ($745,232.00).
2. The Scope of Work is hereby amended to include additional services, as described and
attached hereto as Exhibit A-2 and incorporated herein and accordingly, Consultant shall
perform the Scope of Work, as described in Exhibit B of the Agreement, as amended by
Exhibit A-1, Amended Scope of Work, and as amended by Exhibit A-2, Additional
Services for Scope of Work.
3. Sections 2 (Reservation of Discretion — Proposed Project), 3 (Scope of Work) and 5.4
(Compensation of Consultant) of the Agreement are revised to reflect the following
revised shared cost and expense breakdown percentages: Agencies each responsible
for thirty-three (33) percent and Applicants each responsible for seventeen (17) percent
for any and all Consultant services rendered pursuant to the Agreement, as amended by
this Third Amendment to Agreement. And therefore, per this Third Amendment to
Agreement, the District shall pay for the Agencies' costs sixty-six (66) percent of the total
Consultant cost), and the Applicants shall each pay seventeen (17) percent of the total
Consultant cost.
Attachment 4 72
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4. The term of the Agreement is hereby extended and shall terminate on December 31,
2020.
5. All other terms, covenants, and conditions in the original Agreement, as amended, shall
remain in full force and effect and shall be applicable to this Third Amendment.
DATED: , 2020
Approved as to form and legality: SAN DIEGO UNIFIED PORT DISTRICT
GENERAL COUNSEL
By: Senior Deputy General Counsel
By
JASON H. GIFFEN
Assistant Vice President
Planning and Green Port
Approved as to form and legality: CITY OF NATIONAL CITY,
CITY ATTORNEY a Municipal Corporation of the State of California
By
By: ANGIL MORRIS-JONES BRAD RAULSTON
City Attorney City Manager
ICF JONES & STOKES, INC.,
a Delaware Corporation
By
PASHA AUTOMOTIVE SERVICES,
a California Corporation
By
GB CAPITAL HOLDINGS,
a Limited Liability Corporation of the State of California
By
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EXHIBIT A-2
Additional Services for Scope of Work
The following work items cover additional work to be completed by the Consultant to
complete the Draft EIR for the Environmental Impact Report (EIR) for the National City
Bayfront Projects and Plan Amendments ("Proposed Project" or "project"). These
additional work items were not anticipated in the original Scope of Work, which was
prepared in response to the Project's Request for Proposals (RFP).
More specifically, additional funds are warranted to complete the work efforts for Task
4.2, Task 4.6, Task 5, and Task 14, which are proposed to be revised, as described
below.
I. ADDITIONAL WORK EFFORTS
Task 4 — Technical Studies
Task 4.2: Biological Resources
The scope of work for this task will be expanded to address the additional work
efforts required to incorporate the revised Biological Resources Technical
Report, which has been significantly expanded at the request of the California
Department of Fish and Wildlife in that agency's Notice of Preparation letter
dated 1/21/19.
Task 4.6: Transportation and Parking
Traffic counts associated with this task were collected in 2017. At the request of
the District, subconsultant Chen Ryan Associates conducted additional traffic
counts to validate the 2017 traffic volumes. More specifically, the following
roadway segment counts were collected for three (3) days:
• Bay Marina Drive between Cleveland Avenue and 1-5 Southbound Ramps
• Bay Marina Drive between Haffley Avenue and Cleveland Avenue
• Bay Marina Drive between Quay Avenue and Tidelands Avenue.
Also at the request of the District, Chen Ryan Associates will analyze
transportation impacts pursuant to Senate Bill (SB) 743 for the proposed project.
This includes a SB 743 Vehicle Miles Traveled (VMT) analysis for the proposed
project's Traffic Analysis Zone. The San Diego Association of Governments
(SANDAG) model that will be used for this analysis is the recently completed
North Harbor Drive model. Chen Ryan Associates will prepare a memorandum
summarizing the methodology and results of the SB 743 analysis and will draft
any mitigation, if necessary.
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Task 5 — First Screencheck Draft EIR
The original scope of work for the EIR was prepared prior to the comprehensive
update to the CEQA Guidelines that occurred in December 2018. Therefore,
additional work efforts are required for this task in order to incorporate the
changes associated with the comprehensive update (2018) to the CEQA
Guidelines into the EIR, including adding a new EIR section (Energy) and adding
a "Wildfire" analysis in the Effects Found Not to Be Significant chapter of the EIR.
At the request of the District, the relocation of Granger Hall to Pepper Park will be
included, where appropriate, in the Draft EIR. For land use purposes, Granger
Hall will be analyzed as an event venue with limitations with 85 percent use as a
public facility and 15 percent use as a private facility. This land use would be
consistent with the Balanced Plan and no additional technical studies would be
required.
Further, the above -mentioned revisions to Task 4.2, Task 4.6, and Task 5 require
additional work efforts for the following EIR sections:
• Project Description
• Aesthetics
• Air Quality and Health Risk
• Biological Resources
• Cultural Resources
• Greenhouse Gas Emissions and Climate Change
• Land Use and Planning
• Noise and Vibration
• Public Services and Recreation
• Transportation, Circulation, and Parking
• Utilities and Service Systems
Task 14 — Project Coordination and Meetings
The original scope of work anticipated completion of the EIR within approximately
18 months; however, the anticipated completion of the EIR has been extended
due to completion of the project description taking longer than originally
anticipated and additional work efforts associated with comments received on the
Notice of Preparation. This extended schedule has resulted in Consultant
providing additional project coordination and project management activities,
including instances that have required project management assistance from both
Consultant's Project Manager and Project Director. The additional work efforts
required for this task are anticipated to cover continued project coordination and
project management activities through the end of the amended termination date
of this Agreement — December 31, 2020, with involvement primarily from
Consultant's Project Manager and intermittently from Consultant's Project
Director.
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II. REVISED FEE FOR SERVICES TO BE PERFORMED
The above -mentioned work will be performed on a time and materials basis not to
exceed a total of $70,232. The total amount of these Labor costs shall be billed in
accordance with Consultant's hourly rates, as depicted in Section 5 of the original
Agreement.
Task
Proposed
Fee
Increase
Overall
Total Fee
per Task,
as
Amended
Task 1 — Review Background Information
$0
$5,312
Task 2 — Project Description
$0
$12,470
Task 3 — Initial Study/Notice of Preparation
$0
$17,346
Task 4 — Technical Studies
Task 4.1 — Air Quality and Health Risk
$0
$37,802
Task 4.2 — Biological Resources
$2,387
$16,887
Task 4.3 — Cultural Resources
$0
$23,487
Task 4.4 — Greenhouse Gas Emissions and Climate Change
$0
$19,604
Task 4.5 — Noise and Vibration
$0
$30,137
Task 4.6 — Transportation and Parking
$11,891
$71,171
Task 4.7 — Sea Level Rise
$0
$4,002
Task 5 — First Screencheck Draft EIR
$20,632
$216,144
Task 6 — Second Screencheck Draft EIR
$0
$45,319
Task 7 — Third Screencheck Draft EIR
$0
$18,077
Task 8 — Public Review Draft EIR
$0
$10,753
Task 9 — Responses to Comments
$0
$39,203
Task 10 — First Screencheck Final EIR and MMRP
$0
$17,938
Task 11 — Second Screencheck Final EIR and MMRP
$0
$8,678
Task 12 — Final EIR and MMRP
$0
$3,560
Task 13 — Findings and Statement of Overriding Considerations
$0
$7,053
Task 14 — Project Coordination, Meetings, and Quality Control
$35,322
$78,481
Task 15 — Reimbursable Expenses
$0
$7,250
Contingency
$0
$54,558
TOTAL
$70,232
$745,232
76
160 of 206
CC/CDC-HA Agenda
5/5/2020 — Page 161
The following page(s) contain the backup material for Agenda Item: Warrant Register
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Please scroll down to view the backup material.
161 of 206
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: May 5, 2020 AGENDA ITEM NO.:
ITEM TITLE:
Warrant Register #38 for the period of 3/11/20 through 3/17/20 in the amount of $2,186,908.37.
(Finance)
PREPARED BY: Karla Apalategui, Senior Accounting Assistant DEPARTMENT: Finance
PHONE: 619-336-4572
EXPLANATION: APPROVED BY:
Per Government Section Code 37208, attached are the warrants issued for the period 3/11/20 - 3/17/20.
Consistent with Department of Finance's practice, listed below are all payments above $50,000.
Vendor Check/Wire Amount Explanation
— Feb 2020
FINANCIAL STATEMENT:
ACCOUNT NO.
Warrant total $2,186,908.37.
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 $2,186,908.37
BOARD / COMMISSION RECOMMENDATION:
ATTACHMENTS:
Warrant Register # 38
162 of 206
PAYEE
CASEY GERRY SCHENK FRANCANVILA
DONG, D
HERNANDEZ, L
THE RAWLINGS COMPANY
ACE UNIFORMS & ACCESSORIES INC
ALDEMCO
ALL FRESH PRODUCTS
ALLSTATE SECURITY SERVICES INC
AMAZON
AXON ENTERPRISE INC
BAKER & TAYLOR
BAKER ELECTRIC INC
BRODART CO
BRODART CO
CHEN RYAN ASSOCIATES INC
CITY OF SAN DIEGO
DALEY & HEFT LLP
DELGADO, E
D-MAX ENGINEERING INC
ENTERPRISE FLEET MANAGEMENT
FEDEX
HMS CONSTRUCTION INC
KIMLEY HORN
LASER SAVER INC
LOZANO SMITH LLP
MATTHEW BENDER & COMP INC
MCDOUGAL LOVE ECKIS
MELLADO DESIGNS
METEAU JR, R
MIDWEST TAPE
MOTOROLA SOLUTIONS INC
NV5 INC
OFFICE SOLUTIONS BUSINESS
PEACE OFFICERS RESEARCH
PROFESSIONAL SEARCH GROUP LLC
PROJECT PROFESSIONALS CORP
PRUDENTIAL OVERALL SUPPLY
SAN DIEGO GAS & ELECTRIC
SEAPORT MEAT COMPANY
SMART & FINAL
SMART SOURCE OF CALIFORNIA LLC
STAPLES BUSINESS ADVANTAGE
SYSCO SAN DIEGO INC
THE COUNSELING TEAM
THE COUNSELING TEAM INTERNATIO
U S BANK
VCA MAIN ST ANIMAL HOSPITAL
CALIFORNIA <-_
-M'I.O1!11-.. L toV. n
aaa
DICORPQRjAT8D
WARRANT REGISTER # 38
3/17/2020
DESCRIPTION
CLAIM SETTLEMENT
REFUND / PURCHASE OF LAPTOPS / MIS
RETIREE HEALTH BENEFITS / MARCH 2020
LEIN SETTLEMENT
UNIFORM SUPPLY
FOOD NUTRITION
FOOD NUTRITION
SECURITY SERVICES FOR FEB- FY20
LITERACY SUPPLIES / LIBRARY
EVIDENCE . COM / PD
BOOKS AS NEEDED FOR FY20
LAS PALMAS POOL ELECTRICAL
BOOKS AS NEEDED FOR FY20.
BOOKS AS NEEDED FOR FY20.
SWEETWATER ROAD
DISPATCHING, 1ST QUARTER
LIABILITY CLAIM COST
COMM SERVICES TEEN AND MEDICAL SUPPLIES
PARADISE CREEK AT KIMBALL WAY
ENTERPRISE FLEET LEASES - ENG
SHIPPING & HANDLING LHR - FEDEX / LIBRARY
HIGHLAND AVE. T.S. MOD.
8TH & ROOSEVELT
MOP 45725 PAY FOR REPLACEMENT TONER CART
LEGAL SERVICES/DECEMBER 2019
LEGAL PUBLICATION / CAO
LIABILITY CLAIM COST
POLO SHIRTS FOR STAFF / NSD
TRAVEL EXPENSE REPORT
AUDIO VISUAL MATERIALS FOR LIBRARY
RADIOS / PD
GEOTECHNICAL OBSER/TESTING
MOP83778 - OFFICE PAPER / LIBRARY
MEMBERSHIP DUES
TEMPORARY SVC/ NSD
PARADISE CREEK PARK
UNIFORM CLEANING SERVICE
SDGE FOR HOLLISTER
FOOD NUTRITION
MOP #45756/OFFICE SUPPLIES/HR
MOP 24302 PD
MOP 45740: PAY SECTION 8 OFFICE SUPPLIES
FOOD NUTRITION
TRAINING TUITION PEER SUPPORT
TRAINING TUITION MINDFUL DEPARTMENT
CREDIT CARD INVOICE FOR CITY MANAGER BRA
ANIMAL CARE / PD
CHK NO DATE AMOUNT
346790 3/16/20 1,200,000.00
346791 3/16/20 5,283.83
346792 3/16/20 500.00
346793 3/16/20 250,000.00
346794 3/17/20 6,462.31
346795 3/17/20 5,327.49
346796 3/17/20 6,496.36
346797 3/17/20 2,881.45
346798 3/17/20 29.34
346799 3/17/20 12,488.64
346800 3/17/20 1,408.05
346801 3/17/20 140, 387.15
346802 3/17/20 782.96
346803 3/17/20 75.84
346804 3/17/20 28,589.88
346805 3/17/20 201,475.38
346806 3/17/20 1,887.75
346807 3/17/20 208.96
346808 3/17/20 84,362.38
346809 3/17/20 13,226.36
346810 3/17/20 644.48
346811 3/17/20 9,504.26
346812 3/17/20 28,367.75
346813 3/17/20 969.56
346814 3/17/20 67.50
346815 3/17/20 1,542.35
346816 3/17/20 17.50
346817 3/17/20 158.05
346818 3/17/20 131.10
346819 3/17/20 2,633.39
346820 3/17/20 4,847.03
346821 3/17/20 20,601.41
346822 3/17/20 920.82
346823 3/17/20 96.00
346824 3/17/20 960.00
346825 3/17/20 82,964.01
346826 3/17/20 154.54
346827 3/17/20 234.78
346828 3/17/20 716.98
346829 3/17/20 20.07
346830 3/17/20 161.65
346832 3/17/20 1,593.99
346833 3/17/20 6,118.29
346834 3/17/20 299.00
346835 3/17/20 1,100.00
346836 3/17/20 4,188.23
346837 3/17/20 1,307.90
1/2
163 of 206
CALIFORNIA�_
INCORPORATED
WARRANT REGISTER # 38
3/17/2020
PAYEE DESCRIPTION CHK NO DATE AMOUNT
WIRED PAYMENTS
PAYCHEX BENEFIT TECH INC
ARCO BUSINESS SOLUTIONS
SECTION 8 HAPS
A/P Total 2,132,194.77
BENETRAC ESR SERVICE BASE FEE - MAR 2020 396899 3/13/20
FUEL SVC FOR CITY VEHICLES MAR-20 948768 3/12/20
521.40
32,969.88
Start Date End Date
3/11/2020 3/17/2020 21,222.32
GRAND TOTAL $ 2,186,908.37
2/2
164 of 206
CC/CDC-HA Agenda
5/5/2020 — Page 165
The following page(s) contain the backup material for Agenda Item: Warrant Register
#39 for the period of 3/18/20 through 3/24/20 in the amount of $2,788,673.66. (Finance)
Please scroll down to view the backup material.
165 of 206
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: May 5, 2020 AGENDA ITEM NO.:
ITEM TITLE:
Warrant Register #39 for the period of 3/18/20 through 3/24/20 in the amount of $2,788,673.66.
(Finance)
PREPARED BY: Karla Apalategui, Senior Accounting Assistant DEPARTMENT: Finance
PHONE: 619-336-4572
EXPLANATION: APPROVED BY:
Per Government Section Code 37208, attached are the warrants issued for the period 3/18/20 - 3/24/20.
Consistent with Department of Finance's practice, listed below are all payments above $50,000.
Vendor Check/Wire Amount Explanation
— Feb 2020
FINANCIAL STATEMENT:
ACCOUNT NO.
Warrant total $2,788,673.66.
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 $2,788,673.66.
BOARD / COMMISSION RECOMMENDATION:
ATTACHMENTS:
Warrant Register # 39
166 of 206
PAYEE
WINNEY, A
24 HOUR ELEVATOR INC
ADMINSURE INC
BLACK
CALIFORNIA ELECTRIC SUPPLY
CHRISTENSEN & SPATH LLP
CLEAR WATER TECHNOLOGIES LLC
CLF WAREHOUSE INC
COMMERCIAL AQUATIC SERVICE INC
CONCENTRA MEDICAL CENTERS
COUNTYWIDE MECHANICAL
COUNTYWIDE MECHANICAL SYSTEMS
CSA SAN DIEGO COUNTY
DE PASCALE, A
D-MAX ENGINEERING INC
DONG, D
DURAN, D
EISER III, G
ESGIL CORPORATION
FACTORY MOTOR PARTS
FLORES, R
GONZALES, T
GRAINGER
GREGORY, B
GURROLA, VALERIE
GURROLA, VALERIE
HAAKER EQUIPMENT COMPANY
HAMEL, K
HDR ENGINEERING, INC.
HOME DEPOT CREDIT SERVICES
INTERNATIONAL ASSOCIATION OF CODE
KNOX SERVICES
KNOX SERVICES
LA JOLLA POOLS INC
LASER SAVER INC
LASHBROOK
LAW OFFICE OF BERNADETTE
LEFORT'S SMALL ENGINE REPAIR
LOPEZ, J
MAINTEX INC
MAN K9 INC
MASON'S SAW
METEAU JR, R
MG ROOFING
NAN MCKAY AND ASSOCIATES INC
NAPA AUTO PARTS
NATIONAL CITY AUTO TRIM
-e CALIFORNIA --
NATIONAL Ctry
a 5 '5 1
INCORPORATED
WARRANT REGISTER # 39
3/24/2020
DESCRIPTION
TRAVEL EXPENSE REIMBURSEMENT
SERVICE, INSPECT AND MAINTENANCE / PW
AGREEMENT TO PROVIDE MONTHLY SERVICES
EDUCATION REIMBURSEMENT
MOP 45698 ELECTRIC SUPPLIES - PW
ATTORNEY SERVICES FOR AFFORDABLE HOUSING
WATER TREATMENT SERVICE AGREEMENT
MOP 80331 AUTO SUPPLIES - PW
CHEMICALS - CHLORINE, ACID TABLETS FOR POOL
PRE -EMPLOYMENT PHYSICAL & X-RAY
CITY WIDE CATCH BASIN/SUMP CLEANING
CITYWIDE ON -SITE HVAC SERVICES,
CDBG AGREEMENT: CSA SAN DIEGO COUNTY
REIMB DEPASCALE TUIT REIMB
T&A#90222 2238 E. 6TH ST.
REFUND / MIS SUPPLIES
TUIT REIMB: DURAN
PROFESSIONAL SERVICES / CAO/2020
ESGIL - INSPECTION & PLAN CHECK SERVICES
MOP 82766 AUTO SUPPLIES - PW
REIMBURSEMENT
MILEAGE REIMBURSEMENT
MOP 65179 GENERAL SUPPLIES - PW
REIMB: GREGORY MEETING SUPPLIES
PROFESSIONAL SERVICES
PROFESSIONAL SERVICES
ROTOR NOZZLE
EDUCATION REIMBURSEMENT
SEWER UPZING
GENERAL SUPPLIES NEEDED FOR BUILDING
IACP 2020 DUES
KNOX ATTORNEY SERVICES / CAO
KNOX ATTORNEY SERVICES/CAO
LAS PALMAS POOL FILTERS AND HEATER WORK -
MOP 04840 INK CARTRIDGES - PD
REIMB LASHBROOK CLEARS MEMBERSHIP
LIABILITY CLAIM COSTS
MOP 80702 AUTO SUPPLIES - PW
MILEAGE REIMBURSEMENT
CITYWIDE JANITORIAL SUPPLIES, PARTS AND
CANINE TRAINING
MOP 45729 EQUIPMENT SUPPLIES AND REPAIR
TRAVEL EXPENSE REPORT
ROOFING SERVICES
HOUSING QUALITY COURSE / NSD
MOP 45735 GENERAL SUPPLIES - PW
R&M CITY VEHICLES AS NEEDED FY 2020
CHK NO
346839
346840
346841
346842
346843
346844
346845
346846
346847
346848
346849
346850
346851
346852
346853
346854
346855
346856
346857
346858
346859
346860
346861
346862
346863
346864
346865
346866
346867
346868
346869
346870
346871
346872
346873
346874
346875
346876
346877
346878
346879
346880
346881
346882
346883
346884
346885
DATE
3/23/20
3/24/20
3/24/20
3/24/20
3/24/20
3/24/20
3/24/20
3/24/20
3/24/20
3/24/20
3/24/20
3/24/20
3/24/20
3/24/20
3/24/20
3/24/20
3/24/20
3/24/20
3/24/20
3/24/20
3/24/20
3/24/20
3/24/20
3/24/20
3/24/20
3/24/20
3/24/20
3/24/20
3/24/20
3/24/20
3/24/20
3/24/20
3/24/20
3/24/20
3/24/20
3/24/20
3/24/20
3/24/20
3/24/20
3/24/20
3/24/20
3/24/20
3/24/20
3/24/20
3/24/20
3/24/20
3/24/20
AMOUNT
1,094.33
4,431.44
7,631.25
280.00
1,118.09
1,012.50
950.00
265.59
3,411.88
47.00
885.32
2,172.85
2,915.01
1,665.00
16,480.86
340.74
1,553.00
6,565.00
41,136.84
179.74
65.00
18.63
2,275.39
32.99
9,572.75
6,463.49
1,537.71
459.10
142,069.58
77.66
190.00
111.75
99.75
60,044.11
698.94
50.00
4,226.20
711.72
153.30
726.34
1,040.00
679.94
16.22
5,975.00
2,238.00
53.26
313.36
1/3
167 of 206
NATIONAL CITY CAR WASH
NATIONAL CITY ELECTRIC
NATIONAL CITY MOTORCYCLES
NATIONAL CREDIT REPORTING
OFFICE SOLUTIONS BUSINESS
O'REILLY AUTO PARTS
O'REILLY AUTO PARTS
PARTS AUTHORITY METRO LLC
PENSKE FORD
PLASCENCIA, M
POWERSTRIDE BATTERY CO INC
PRO BUILD COMPANY
PROFESSIONAL SEARCH GROUP LLC
PRUDENTIAL OVERALL SUPPLY
QUEZADA, L
SAN DIEGO COUNTY ASSESSOR
SAN DIEGO MIRAMAR COLLEGE
SAN DIEGO PET SUPPLY
SAN DIEGO UNION TRIBUNE
SANDAG
SDG&E
SHARP REES STEALY MED GROUP
SHRED IT
SITEONE LANDSCAPE SUPPLY LLC
SMART & FINAL
SMART SOURCE OF CALIFORNIA LLC
SOUTHERN CALIF TRUCK STOP
STAPLES BUSINESS ADVANTAGE
SUPERIOR READY MIX
SWEETWATER AUTHORITY
TECHNOLOGY INTEGRATION GROUP
THE STAR NEWS
THOMSON REUTERS WEST
TODD PIPE & SUPPLY LLC
TOPECO PRODUCTS
T'S & SIGNS
UNDERGROUND SERVICE ALERT
UNGAB, S
VISTA PAINT
VORTEX INDUSTRIES INC
WEST PAYMENT CENTER
WHILLOCK CONTRACTING
WILLIAMS, E
WILLY'S ELECTRONIC SUPPLY
WSP USA INC
EISER III, G
SDTTC
-e CALIFORNIA --
NATIONAL Ctry
a 5 '5 1
INCORPORATED
WARRANT REGISTER # 39
3/24/2020
CAR WASH SERVICES FOR CITY FLEET FY 2020 346886 3/24/20 450.00
CITYWIDE ON -SITE ELECTRICAL 346887 3/24/20 1,590.00
SERVICE AND REPAIR FOR EMERGENCY 346888 3/24/20 1,106.80
BACKGROUND CHECKS FOR S8 ELIGIBILITY 346889 3/24/20 1,569.45
MOP # 83778 OFFICE SUPPLIES FOR S8 346890 3/24/20 477.22
MOP 75877 AUTO SUPPLIES - PW 346891 3/24/20 14.92
MOP75877 GENERAL SUPPLIES - PW 346892 3/24/20 10.43
MOP 75943 AUTO SUPPLIES - PW 346893 3/24/20 1,129.38
R&M CITY VEHICLES FOR FY 2019 346894 3/24/20 707.79
MILEAGE REIMBURSEMENT 346895 3/24/20 333.62
MOP 67839 AUTO SUPPLIES - PW 346896 3/24/20 316.11
MOP 45707 GENERAL SUPPLIES - PW 346897 3/24/20 2,008.83
TEMPORARY SVC / NSD 346898 3/24/20 1,280.00
MOP 45742 LAUNDRY SERVICES - PW 346899 3/24/20 886.13
REIMBURSEMENT UNIFORMS/ NSD 346900 3/24/20 31.24
COUNTY RECORDS / NSD 346901 3/24/20 22.00
TRAINING TUITION ROT GUTIERREZ 346902 3/24/20 23.00
MOP 2975 PD K9S 346903 3/24/20 404.63
PAY FOR S8 PUB HRG NOTICE FOR 04/07/20 346904 3/24/20 591.72
ARJIS PHONES OCT NOV DEC 2019 346905 3/24/20 3,350.19
GAS AND ELECTRIC UTILITIES / PW 346906 3/24/20 86,836.61
DMV EXAMS 346907 3/24/20 330.00
SHRED SERVICE 346908 3/24/20 1,216.63
MOP 45719 LANDSCAPE SUPPLIES - PW 346909 3/24/20 505.98
CASA DE SALUD YOUTH CENTER SNACKS 346910 3/24/20 146.02
MOP 63845 OFFICE SUPPLIES - PW 346911 3/24/20 73.95
MOP 45758 GENERAL AUTO SUPPLIES - PW 346912 3/24/20 1,206.50
MOP 20468 - OFFICE SUPPLIES FOR PD 346913 3/24/20 335.23
ASPHALT, TACK 3/8 SHEET FY 2020- 346914 3/24/20 2,463.44
WATER BILL FOR FACILITIES FY 2020 346916 3/24/20 20,337.59
MIS SUPPLIES 346917 3/24/20 402.38
ADVERTISING NOTICES FOR FY20 346918 3/24/20 133.25
THOMSON REUTERS WEST LEGAL UPDATES / CAO 346919 3/24/20 1,028.32
CITYWIDE PLUMBING MATERIALS AND PARTS 346920 3/24/20 700.31
MOP 63879 GENERAL SUPPLIES - PW 346921 3/24/20 168.86
COMMUNITY SERVICES STAFF UNIFORMS 346922 3/24/20 355.61
UNDERGROUND SERVICE ALERT FY 2020 346923 3/24/20 126.99
REIMB: UNGAB MEETING SUPPLIES 346924 3/24/20 32.99
MOP 68834 PAINTING SUPPLIES - PW 346925 3/24/20 457.50
CITY WIDE ON SITE SERVICE & REPAIRS 346926 3/24/20 1,312.20
MOP 84103 - SUPPLIES FOR PD 346927 3/24/20 620.80
PARDISE CREEK PARK SITE REM. 346928 3/24/20 141,224.92
EDUCATION REIMBURSEMENT 346929 3/24/20 1,183.56
MOP 00351 SUPPLIES FOR PD 346930 3/24/20 172.85
HUD FIVE YEAR CONSOLIDATION PLAN 346931 3/24/20 7,426.05
PROFESSIONAL SERVICES /CAO/JAN 2020 346932 3/24/20 6,012.50
POSSESSORY TAX LATE FEES - KIMBALL HOUSE 346933 3/24/20 160.39
2/3
168 of 206
CALIFORNIA --
NATIONAL Crry
a 5 '5 1
INCORPORATED
WARRANT REGISTER # 39
3/24/2020
A/P Total 625,311.52
WIRED PAYMENTS
PUBLIC EMP RETIREMENT SYSTEM CALPERS 02/25/20 - 03/09/20 31920 3/19/20 253,867.70
ADMINSURE INC W/C COMPENSATION REPLENISHMENT / FEB 202 888549 3/23/20 73,537.73
CITY NATIONAL BANK ENERGY RETROFIT PROJECT LEASE PAYMENT#40 888552 3/23/20 43,101.10
PAYROLL
Pay period Start Date
5 2/25/2020
End Date
3/9/2020
Check Date
3/18/2020
1,755,778.57
GRAND TOTAL $2,788,673.66
3/3
169 of 206
CC/CDC-HA Agenda
5/5/2020 — Page 170
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the First Amendment to the Citizen and Community Participation Plan and second Public
Hearing on the draft Five -Year Consolidated Plan for HUD Program Years (PY) 2020 to
2024, and PY 2020 Action Plan for the U.S. Department of Housing and Urban
Development (HUD) Community Development Block Grant (CDBG) and HOME
Investment Partnerships (HOME) Programs. (Housing Authority)
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170 of 206
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: May 5, 2020 AGENDA ITEM NO.:
ITEM TITLE:
Public Hearing on the first amendment to the Citizen and Community Participation Plan and second Public Hearing
on the draft Five -Year Consolidated Plan for HUD Program Years (PY) 2020 to 2024, and PY 2020 Action Plan for
the U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG)
and HOME Investment Partnerships (HOME) Programs.
PREPARED BY: Angelita PaImeActing Housing Manager DEPARTMENT: Hous ino Authority
PHONE: 619-336-4219
APPROVED BY:
EXPLANATION:
See attachment number one for explanation.
FINANCIAL STATEMENT:
The City will receive $788,787.00 in CDBG and $356,620.00 in HOME Program entitlement funds for FY 2021-
2025. In addition, the City will reprogram $30,896.95 in program income and $110,176.89 of CDBG funds from
completed projects to FY 2021 Action Plan activities. The City will also reprogram $144,588.88 in HOME program
income received and $84,453.00 remaining from previously completed projects to FY 2021 Action Plan activities.
ACCOUNT NO. APPROVED: <-�"�'/stXG� FINANCE
APPROVED: MIS
ENVIRONMENTAL REVIEW:
The approval of the draft Citizen and Community Participation Plan, draft Consolidated Plan and the allocation of
grant funds to activities will not result in a direct or reasonable foreseeable physical change in the environment,
and is not subject to the California Environmental Quality Act ("CEQA") pursuant to CEQA Guideline Section
15060(c)(2). Said actions are also not subject to National Environmental Policy Act of 1969 ("NEPA") pursuant to
24 CFR 58.34(a) and categorically excluded from other requirements found under 24 CFR 58.34(a). However, staff
will review individual activities funded to comply with environmental review requirements under CEQA and with
NEPA requirements found under 24 CFR parts 50 & 58.
ORDINANCE: INTRODUCTION FINAL ADOPTION
STAFF RECOMMENDATION:
Conduct the Public Hearing and approve the draft Citizen and Community Participation Plan, draft Five -Year
Consolidated Plan, and allocation of HUD PY 2020 entitlement grant funds, program income, and funds remaining
from completed projects to CDBG and HOME Program activities for the PY 2020 Action Plan.
BOARD / COMMISSION RECOMMENDATION:
Not applicable to this report.
ATTACHMENTS:
1. Explanation
2. Public Hearing Notice
3. Action Plan Funding
4. Resolution
Attachment No. 1
City of National City
May 5, 2020
Staff Report Explanation
Public Hearing on the first amendment to the Citizen and Community Participation Plan
and second Public Hearing on the draft Five -Year Consolidated Plan for HUD Program
Years (PY) 2020 to 2024, and PY 2020 Action Plan for the U.S. Department of Housing and
Urban Development (HUD) Community Development Block Grant (CDBG) and HOME
Investment Partnerships (HOME) Programs.
Public Hearing on the first amendment to the Citizen and Community Participation Plan
and second Public Hearing on the draft Five -Year Consolidated Plan for HUD Program Years
(PY) 2020 to 2024, and PY 2020 Action Plan will be conducted to review public comments
received during the 30-day public review period from March 31 through April 30, 2020 and to
provide interested persons and community groups with one last opportunity to share their
thoughts regarding the Plans.
First Amendment to the Citizen and Community Participation Plan
As an entitlement jurisdiction, Community Development Block Grant (CDBG) and HOME
Investment Partnerships (HOME) funds the City is required to prepare a Five -Year Consolidated
Plan (CP). For the CP the Code of Federal Regulations for HUD requires the City to have a
Citizen Participation Plan (CPP). As a HUD grantee an Analysis to Impediments to Fair
Housing, which also requires a CPP, or an Assessment of Fair Housing (AFH) Plan. If an AFH
is required the City must adopt a Community Participation Plan (CoPP). Generally speaking, the
CoPP policies and procedures mirror those of the CPP, with the addition of requirements
regarding HUD -provided data and other supplemental information and required consultation
with other public and private agencies. The Citizen and Community Participation Plan (CCPP)
serves to meet the CPP and CoPP federal requirements concurrently.
The CCPP describes the City's policies and procedures for public involvement in the
development of the Five -Year Consolidated Plan and its component Annual Action Plans, the
Analysis to Impediments to Fair Housing or Assessment of Fair Housing, amendments to these
plans, as well as the CCPP, emergency noticing, and the public review process of the
Consolidated Annual Performance and Evaluation Report. The projects described in the
Consolidated and Annual Plans use CDBG and HOME HUD funds. The CCPP is a tool to
encourage residents, consultants, and other entitlement grant beneficiaries to become involved
in the development and evaluation of the plans that outline the housing and community
development needs, goals, objectives, and activities for National City.
Draft Five -Year Consolidated Plan for HUD Program Years (PY) 2020 to 2024 and PY 2020
Action Plan
In accordance with the federal regulations at 24 CFR, Part 91, the City of National City
(City) is required to prepare and submit a Five Year Consolidated Plan and Annual Action Plan
for its Housing and Community Development Entitlement Programs funded by the U.S.
Page 1 of 2
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Attachment No. 1
City of National City
May 5, 2020
Staff Report Explanation
Department of Housing and Urban Development (HUD). The Consolidated Plan is a planning
document that provides an assessment of National City's community development needs,
proposes strategies to address those needs, and identifies specific activities to implement those
strategies.
This Five Year Consolidated Plan for HUD covers Program Years (PY) 2020-2024 for
the period beginning July 1, 2020 through June 30, 2025. The Consolidated Plan also includes
a one year Annual Action Plan that outlines the intended use of resources for Program Year
2020, which is Fiscal Year (FY) 2020-2021. As required by HUD guidelines, the identification of
needs and the adoption of strategies to address those needs must focus primarily on low- and
moderate -income individuals and households. National objectives and performance outcomes
established by HUD are the basis for assigning priorities to needs for which funding may be
allocated.
The purpose of the Consolidated Plan is to indicate how Community Planning
Development funded programs such as the Community Development Block Grant (CDBG) and
HOME Investment Partnership (HOME) Program entitlement funds will be used during the Five
Year planning cycle. In this document the City establishes priorities for allocating CDBG and
HOME funds based on a number of criteria, including urgency of needs, cost efficiency,
eligibility of activities and programs, availability of other funding sources to address specific
needs, funding program limitations, capacity and authority for implementing actions, and
consistency with citywide goals, policies, and efforts.
The PY 2020 Action Plan for FY 2020-2021 outlines how the City intends to spend
$788,787.00 in CDBG and $356,620.00 in HOME Program entitlement funds. In addition to the
funding sources noted above, the City will reprogram $30,896.95 in program income and
$110,176.89 remaining from previously completed projects for CDBG as well as reprogram
$144,588.88 in HOME program income received and $84,453.00 remaining from previously
completed projects.
Submission to HUD
After all public comments have been considered at the Public Hearing on May 5, 2020, the City
Council will adopt the amended Citizen and Community Participation Plan, Five -Year
Consolidated Plan for HUD Program Years (PY) 2020 to 2024 and PY 2020 Action Plan to
submit to HUD.
Document Review
Due to the COVID-19 global pandemic plans are available to the public on the City of National
City CDBG and HOME webpage at http://www.nationalcityca.qov/cdbq-home.
Page 2 of 2
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Attachment No. 2
City of National City
May 5, 2020
Staff Report
PUBLIC NOTICE
CITY OF NATIONAL CITY
30 DAY PUBLIC REVIEW AND COMMENT PERIOD AND PUBLIC HEARING FOR THE
DRAFT HUD PROGRAM YEAR 2020-2024 CONSOLIDATED PLAN, PROGRAM YEAR 2020
ACTION PLAN, AND CITIZEN AND COMMUNITY PARTICIPATION PLAN
In accordance with the federal regulations at 24 CFR, Part 91, the City of National City (City) is required to submit
a Program Year (PY) 2020-2024 Five Year Consolidated Plan, a 2020-2021 Action Plan, and a Citizen and
Community Participation Plan (CCPP) for its Housing and Community Development Entitlement Programs
funded by the U.S. Department of Housing and Urban Development (HUD). The Consolidated Plan outlines the
City's housing and non -housing community development needs and priorities over the next five years. The Action
Plan outlines how the City will spend $788,787.00 in federal Community Development Block Grant (CDBG) and
$356,620.00 in HOME Investment Partnerships (HOME) Program entitlement funds. In addition to the funding
sources noted above, the City will reprogram $30,896.95 in program income and $110,176.89 remaining from
previously completed projects for CDBG as well as reprogram $144,588.88 in HOME program income received
and $84,453.00 remaining from previously completed projects. The CCPP is a description of National City's
policies and procedures for public involvement in the development of the Five -Year Consolidated Plan and its
component Annual Action Plans, amendments to these plans, the public review process for the CAPER, and the
Analysis to Impediments of Fair Housing or the Assessment of Fair Housing to the U.S. Department of Housing
and Urban Development (HUD).
A 30 day review of the draft HUD Consolidated Plan, Action Plan, and CCPP will be available for public comment
March 31 to April 30, 2020 on the City's website www.nationalcityca.gov/cdbg-home. In order to provide an
opportunity for public comment during the 30 day review period of these plans you must submit comments
referencing the Plan via e-mail to: clerk@nationalcityca.gov.
Notice is hereby given that the City Council of the City of National City will hold a Public Hearing for the HUD
Consolidated Plan, Action Plan, CCPP on Tuesday, May 5, 2020 at 6:00 p.m. The purpose of the Public Hearing
is provide the opportunity for public comment on the needs and priorities identified for the draft Consolidated
Plan, on City Council's recommendations for funding of the CDBG and HOME Program activities for the 2020
Action Plan, and on policies and procedures for public involvement in the draft CCPP.
Public participation is an essential part in the development of the Consolidated, Action Plan, and CCPP. Due to
the COVID-19 global pandemic interested persons and community groups are invited to view both Public
Hearings live via web -cast at: www.nationalcityca.gov. In order to provide an opportunity for public comment at
this meeting, comments may be submitted via e-mail to: clerk@nationalcityca.gov. E-mails that are received by
4:30 p.m. will be distributed to the City Council prior to the meeting. You must reference the Plan you are
commenting on. For more information regarding this process, please contact the National City Housing Authority
at (619) 336-4219. Hearing impaired persons please use the CAL Relay Service Number 711. Asistencia en
Espanol: Para que le interpreten la informacion en espanol, llame al (619) 336-4391.
Brad Raulston, City Manager
City of National City
March 31, 2020
Page 1 of 1
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Attachment No. 3
CALIFORNIA
$ATONAL r
_-r— O o
- INCORPORATED -
Community Development Block Grant and
HOME Investment Partnerships
Annual Action Plan Funding Recommendations for
HUD Program Year 2020
City Fiscal Year 2020-2021
CDBG Entitlement:
CDBG Program Income 2019:
CDBG Reallocation:
Total CDBG funds available:
$788,787.00
$ 30,896.95
$110,176.89
$929,860.84
HOME Entitlement:
HOME Program Income 2019:
HOME Reallocation
Total HOME funds available:
$356,620.00
$144,588.88
$ 84,453.00
$585,661.88
Community Development Block Grant (CDBG) Program
Public Service Funds Available: $118,318.05
Applicant Name
Program Name
FY 2021 Allocation
Community Services Department
Casa de Salud Youth Afterschool Program
$ 48,818.00
National City Public Library
Literacy Services Program
$ 52,000.00
Police Department Sponsoring South Bay Community
Services
NCPD Support Service: Domestic Violence Response Team
$ 17,500.05
Public Service Total:
$ 118,318.05
Non -Public Services Funds Available: $653,785.39
Applicant Name
Program Name
FY 2021 Allocation
Neighborhood Services Department
Housing Inspection Program
$ 120,981.39
Fire Department
Fire Station 34 Section 108 Loan Payment
$ 532,804.00
Non -Public Service Total:
$ 653,785.39
Planning and Administration Funds Available: $157,757.40
Applicant Name
Program Name
FY 2021 Allocation
National City Housing Authority
CDBG Program Administration
$ 122,757.40
National City Housing Authority Sponsoring CSA San
Diego County
Fair Housing and Tenant -Landlord Education
$ 35,000.00
Planning & Admin Total:
$ 157,757.40
CDBG Total:
$ 929,860.84
HOME Investment Partnerships (HOME) Program
Project Funds Available: $535,540.99
Applicant Name
Program Name
FY 2021 Allocation
National City Housing Authority Sponsoring South Bay
Community Services
Tenant Based Rental Assistance Program
$ 446,940.99
National City Housing Authority Sponsoring San Diego
Habitat for Humanity
San Diego Habitat for Humanity Homeownership Project at
405-419 W. 18th St., National City
$ 88,600.00
Total:
$ 535,540.99
Planning & Administration Funds Available: $50,120.89
Applicant Name
National City Housing Authority
Program Name
FY 2021 Allocation
$ 50,120.89
HOME Total: $ 585,661.88
HOME Program Administration
Page 1 of 1
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CC/CDC-HA Agenda
5/5/2020 — Page 176
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 Establishing
Local Campaign Contribution Limits. (City Clerk and City Attorney)
Please scroll down to view the backup material.
176 of 206
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: May 5, 2020
AGENDA ITEM NO.
ITEM TITLE:
Public Hearing and Adoption of an Ordinance of the City Council of the City of National City Establishing Local
Campaign Contribution Limits. (City Clerk and City Attorney)
PREPARED BY: Michael R. Dalla
PHONE: (619) 336-4226
EXPLANATION:
See attached.
DEPARTMENT: City Clerk / City Attorney
APPROVED BY: 7 Z7G
FINANCIAL STATEMENT:
ACCOUNT NO.
ENVIRONMENTAL REVIEW:
APPROVED:
Finance
APPROVED: MIS
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
X
STAFF RECOMMENDATION:
Conduct the Public Hearing and Adopt the Ordinance.
ATTACHMENTS:
Explanation
PowerPoint Presentation
Ordinance
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EXPLANATION
At the October 1, 2019 meeting of the City Council, a presentation was made by the
City Clerk regarding Campaign Contributions in National City elections. Data was
presented showing a dramatic increase in campaign contributions made to National City
candidates during the last four Municipal Election cycles (2012-2018).
Some of the key facts contained in the City Clerk's presentation were:
• 67% of the cities in San Diego have Campaign Contribution Limit Ordinances.
• Contribution Limits range from $100 in Poway to $4,300 in Escondido.
• The average contribution limit for all twelve (12) cities is $750.00.
• Half of the cities do not allow contributions from businesses.
• Total Candidate Contributions in National City increased by over 2900% from
2012 to 2018.
• The average contribution per National City Candidate in 2018 was a record
$49,666.
• 88% of Candidate Contributions in 2018 were from outside of National City.
Based on the information and data presented, the City Clerk recommended that the
City Council consider joining with other cities within the County and State, and adopt a
local Campaign Contribution Limit Ordinance, by approving the following:
RECOMMENDATION: 1) The City Council direct the City Attorney to prepare a draft
Campaign Contribution Limit Ordinance for Council review and possible adoption on or
before February 2020, with a recommended effective date of January 2021; 2) That the
contribution limit in the Ordinance be established at $1,000 per individual, business or
union and $2,000 per political party; 3) That the Ordinance include a mechanism for
annual automatic adjustments based on changes in the Consumer Price Index (CPI).
According to the City Clerk, such an Ordinance, "would be an important step toward
ensuring that our local elections remain honest and fair by placing realistic and
enforceable limits on the amount of money that may be contributed to political campaigns,
preventing improper or undue influence by contributors, and to help maintain public trust
in the electoral process".
The City Council adopted the three (3) Recommendations and directed the City Attorney
to prepare a draft Campaign Contribution Ordinance.
1
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KEY PROVISIONS OF THE DRAFT ORDINANCE
CONTRIBUTION LIMITS AND EXCLUSIONS
Contributors Limit
Individuals (includes Businesses & Labor Unions) $1,000
Political Party's (includes PACs) $2,000
Personal Contributions No limit
City Contractors Not permitted
NOTE: Provides for CPI adjustment to limits every two years.
2
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CAMPAIGN CONTRIBUTIONS - KEY FACTS
• 67% of the Cities in San Diego have Campaign Contribution Limit
Ordinances.
• Contribution Limits range from $100 in Poway to $4300 in Escondido.
• The average contribution limit for all 12 cities is $725.00.
• The average limit for 10 cities (excluding the highest and lowest limits) is
$430.00.
• Half of the Cities do not allow contributions from businesses
• Total Candidate Contributions in National City increased by over 2900%
from 2012 to 2018.
• The average contribution per National City Candidate in 2018 was a
record $49,666.
• 88% of Candidate Contributions in 2018 were from outside of the City.
1
CITY COUNCIL MEETING
MAY 5, 2020
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KEY PROVISIONS OF THE DRAFT ORDINANCE
CONTRIBUTION LIMITS AND EXCLUSIONS
Contributors Limit
Individuals (includes Businesses & Labor Unions) $1,000
Political Party's (includes PACs) $2,000
Personal Contributions No limit
City Contractors Not permitted
NOTE: Provides for Consumer Price Index (CPI) adjustment to
limits every two (2) years.
2
CITY COUNCIL MEETING
MAY 5, 2020
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JURISDICTION CONTRIBUTION LIMIT NOTES
Chula Vista $350 Per Individual
$1,190 Per Political Party
Coronado $200 Per Individual
No Limit on Political Parties
Del Mar $200 Per Individual / Entity
$2,500 Per Political Party
Encinitas $250 Per Individual
Escondido $4,300 Per Individual, Business,
Union, Political Party
Lemon Grove $1,090 Per Individual, Business,
Union, Political Party
No Businesses, PAC's, Unions
No Businesses
No Businesses
NATIONAL CITY $1,000 Per Individual, Business, Labor Union
$2,000 Per Political Party (includes PAC's)
Poway $100 Per Individual
San Diego $600 Per Individual (Council) No Businesses
$1,150 Per Individual (Mayor)
San Marcos $250 Per Individual No Businesses
$500 Per Political Party
Santee $700 Per Individual
Solana Beach $180 Per Individual
Vista $480 Per Individual
County of San Diego $850 Per Individual
No Businesses
3
CITY COUNCIL MEETING
MAY 5, 2020
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CC/CDC-HA Agenda
5/5/2020 — Page 183
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 2020/21. (Planning)
Please scroll down to view the backup material.
183 of 206
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: May 5, 2020 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 2020/21.
PREPARED BY: Raymundo Pe, Principal Planner DEPARTMENT: Community Development
PHONE: 619-336-4421 APPROVED BY:
Armando Vergara
Director of Comm. Dev.
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 2020/21. 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
$155,463.48 is an increase of approximately 2.8 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 APPROVED: FINANCE
ACCOUNT NO.
APPROVED: MIS
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 to initiate proceedings.
BOARD / COMMISSION RECOMMENDATION:
Not applicable.
ATTACHMENTS:
1. Resolution
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CC/CDC-HA Agenda
5/5/2020 — Page 185
The following page(s) contain the backup material for Agenda Item: Resolution of the
City Council of the City of National City approving the Engineer's Report for Landscape
Maintenance District No. 1 (Mile of Cars) for Fiscal Year 2020/21. (Planning)
Please scroll down to view the backup material.
185 of 206
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: May 5, 2020 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 2020/21.
PREPARED BY: Raymundo Pe, Principal Planner DEPARTMENT: Community Development
PHONE: 619-336-4421
APPROVED BY:
Armando Vergara
Director of Comm. Dev.
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 $155,463.48 is an increase of approximately 2.8 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 APPROVED: FINANCE
ACCOUNT NO.
APPROVED: MIS
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
STAFF RECOMMENDATION:
Adopt the resolution approving the Engineer's Report.
BOARD / COMMISSION RECOMMENDATION:
Not applicable.
ATTACHMENTS:
1. Engineer's Report
2. Resolution
Not applicable.
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CITY OF NATIONAL CITY
Fiscal Year 2020/21 Engineer's Report For:
Landscape Maintenance District No. 1
(Mile of Cars)
April 2020
Prepared by:
MNBS
helping communities
fund tomorrow
nbsgov.com 1
Attachment 1
Corporate Headquarters
32605 Temecula Parkway, Suite 100
Temecula, CA 92592
Toll free. 8--
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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
Mona Rios, Vice Mayor
Jerry Cano, Councilmember
Gonzalo Quintero, Councilmember
Ron Morrison, Councilmember
CITY STAFF
Brad Raulston, City Manager
Tony Winney, Deputy City Manager
Raymond Pe, Principal Planner
DISTRICT STAFF
Leslie Larranaga-Britt, Executive Director
NBS
Pablo Perez, Project Director
Adina McCargo, Project Manager
John Egan, Assessment Engineer
2
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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
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I. 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 2020/21. 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 21S Omnibus
Implementation Act and Section 4 of Article XII I D of the California Constitution. The Fiscal Year 2020/21
assessment is not proposed to increase by more than the 10% annual increase approved at formation of
the District over the Fiscal Year 2019/20 maximum assessment.
NOW THEREFORE, only special benefits are assessed and any general benefits have been
separated from the special benefits for purposes of this report. The following assessment is made to cover
the portion of the estimated costs of maintenance, operation and servicing of said improvements to be
paid by the assessable real property within the District in proportion to the special benefit received:
Summary of Assessment Fiscal Year 2020/21 Amounts
Annual Budget
(Less) General Benefit Contribution by the City
$169,665.40
(14,201.92)
Annual Assessment(1)
$155,463.48
(1)
Amount shown is prior to truncating and rounding. Refer to Assessment Roll in Section 5.3 for final total figure.
1, 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.
all I
Assessment Engineer
BS City of National City
C� Landscape Maintenance District No. 1 (Mile of Cars) 7
4
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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 2020/21, 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 2020/21. 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
2020/21.
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
M N BS City of National City
Landscape Maintenance District No. 1 (Mile of Cars)
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2. Frontage Improvements
Improvements to parkways on both sides of National City Boulevard between 18th Street and 33rd
Street
Landscape planting and irrigation
Colored concrete sidewalks and mow curbs
Street furniture
2.4 Description of Maintenance
The maintenance of the improvements shall include the furnishing of services and materials for the
ordinary and usual maintenance and servicing of the improvements, including but shall not be limited to:
1. General Plant Maintenance
Mowing, trimming, pruning and weeding
Watering, including water usage
Fertilizing
Plant replacement
Periodic skinning of palm trees
2. Maintenance of Irrigation System
Adjustment of timers
Repair/replacement of worn-out, stolen or malfunctioning equipment
3. Periodic restriping of decorative crosswalks
4. Periodic repainting of metal benches and trash receptacles
5. Periodic repainting and repair of light poles, graphic panels, signage and other miscellaneous
equipment
6. Maintenance of electrical system
Bulb replacement
Repair/replacement of worn out or malfunctioning equipment
Electrical energy charges
7. Litter removal
8. Trash pick-up
9. Other repairs of damage caused by vandalism and/or traffic accidents
M N BS City of National City
Landscape Maintenance District No. 1 (Mile of Cars)
6
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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 2020/21 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
21,863.06
7,500.00
13,836.67
20,000.00
3,046.11
15,000.00
250.00
250.00
$81,745.84
$3,750.00
4,950.00
0.00
2,750.00
250.00
2.30
$11,702.30
$42,678.29
0.00
7,500.00
13,836.67
0.00
0.00
0.00
250.00
250.00
$64,514.96
$3,750.00
4,950.00
0.00
2,750.00
250.00
2.30
$11,702.30
$42,678.29
21,863.06
$15,000.00
27,673.34
20,000.00
3,046.11
15,000.00
500.00
500.00
$146,260.80
$7,500.00
9,900.00
0.00
5,500.00
500.00
4.60
$23,404.60
Total Estimated Annual Cost:
$93,448.14
$76,217.26
$169,665.40
(Less) General Benefit Contribution&2 :
($7,937.52)
($6,264.40)
($14,201.92)
TOTAL ANNUAL ASSESSMENT(3):
$85,510.62
$69,952.86
$155,463.48
(1)
(2)
(3)
Includes legal, accounting and advertising.
General benefit contribution will be funded from other sources and is not being paid from annual assessments.
Amounts shown are prior to truncating and rounding. Refer to Assessment Roll in Section 5.3 for final total figure.
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
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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 Balance Reserve Collection/Reduction Reserve Balance Projection
12/31/2019 forFY 2020/21 6/30/2021
$93,782.00
$500.00
$94,282.00
M N BS City of National City
Landscape Maintenance District No. 1 (Mile of Cars)
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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.
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5. ASSESSMENTS
The actual assessments for Fiscal Year 2020/21, 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.
The figures in section 5.1 are derived from a Special v. General Benefit Analysis performed in Fiscal Year
2013/14.
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.
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Policy LU-9.1: Design developments along mixed -use and "community corridors" for the comfort
and enjoyment of pedestrians and bicyclists. This includes features such as street trees, placing
buildings close to the street, de-emphasizing parking lots and garages, limited driveway cuts,
traffic -calming features, clearly defined street crossings, adequate lighting, and street furnishings
where appropriate.
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.
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The streetscape improvements encourage an increase in activity throughout the District. The Mile
of Cars area becomes more pedestrian -friendly, thus improving activity for residents and
businesses alike.
Upgraded median and frontage amenities provided by the District enhance the appearance,
desirability, and experience of the properties directly fronting the improvements provided
throughout the District.
The streetscape improvements add aesthetic value to property adjacent to the improvements, but the
improvements also make the property appear more stable and prosperous. The aesthetic benefit received
by properties within the District assists each property in developing and operating at its highest and best
use.
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. A Special v.
General Benefit Analysis was performed in Fiscal Year 2013/14 to quantify said general benefits.
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
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are considered part of the special benefit for those parcels within the boundaries of the District. For the
purposes of this analysis, it was determined that the general benefit quantification should be focused on
vehicle trips passing through the District because National City Boulevard is a major thoroughfare which
connects and provides access to SR 54.
To quantify and separate the amount of general benefit received by the general population as a result of
the improvements and services provided by the assessment revenue, it has been determined that general
benefits accrue mainly to vehicles "passing through" the District. Meaning, any vehicle using the City's
streets that lie within the boundaries of the District that is coming or going to a parcel within the District
ultimately is not part of the "general public" benefitting from the proposed improvements and services.
Accordingly, the separation of general benefits from special benefits will be measured by that estimated
portion of vehicle trips "passing through" the District.
In order to determine the estimated portion of the vehicle trips "passing through" the District, trip
generation data was collected for each parcel within the boundaries of the District using San Diego County
assigned land use codes and property characteristics. Each land use code was categorized and located in
the ITE Trip Generation Manuals — 2nd Edition. Using the property characteristics and data gathered from
the 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.
Pursuant to the Special v. General Benefit Analysis performed in Fiscal Year 2013/14, 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
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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
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.
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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(1)
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
9.98%
1998/99
10%
3.98
7.78
11.76
11.09
3.74%
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
2.38%
2020/21
10%
32.43
63.35
95.78
17.24
2.80%
(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 2020/21 is $17.24, which represents a 2.80%
increase from Fiscal Year 2019/20.
5.3 Assessment Roll
The proposed Fiscal Year 2020/21 District assessment roll is listed on the following page.
NIBSCity of National City
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City of National City
Landscape Maintenance District No. 1 (Mile of Cars)
Assessment Roll
Fiscal Year 2020/21
APN Owner
Frontage
(Feet)
Levy
Misc.
Adjustments
Total
560-203-03-00 FUENTES FRANK SEPARATE PROPERTY TRUST 08-13-96 291 $5,015.65 (0.01) $5,015.64
560-204-02-00 CAPPS DIANE L & BALL 1998 TRUST 140 2,413.03 (0.01) 2,413.02
560-204-04-00 BALL JOHN D II 190 3,274.82 0.00 3,274.82
560-210-01-00 HATTON RONNIE & HATTON PAM 125 2,154.49 (0.01) 2,154.48
560-210-04-00 LTC PROPERTIES LLC 165 2,843.92 0.00 2,843.92
560-210-40-00 BALL JOHN D & BALL 1998 TRUST 211 3,636.78 0.00 3,636.78
560-210-41-00 BALL JOHN D & BALL 1998 TRUST 50 861.79 (0.01) 861.78
560-210-42-00 LTC PROPERTIES LLC 30 517.07 (0.01) 517.06
560-261-08-00 BALL JOHN D & BALL 1998 TRUST 270 4,653.70 0.00 4,653.70
560-271-07-00 BALL JOHN D & BALL 1998 TRUST 75 1,292.69 (0.01) 1,292.68
560-271-09-00 BALL AUTOMOTIVE GROUP & FIRST AMERICAN TRUST FSB TR 50 861.79 (0.01) 861.78
560-271-14-00 BALL JOHN D & BALL 1998 TRUST 95 1,637.41 (0.01) 1,637.40
560-271-15-00 BALL JOHN D & BALL 1998 TRUST 100 1,723.59 (0.01) 1,723.58
560-330-03-00 SKRBLP 591 10,186.43 (0.01) 10,186.42
560-393-03-00 PNJ PROPERTIES LLC 140 2,413.03 (0.01) 2,413.02
560-393-04-00 FALK PROPERTIES NC LLC 480 8,273.24 0.00 8,273.24
562-021-01-00 POLAKOFF GARY & DIANE 2401 TRUST 100 1,723.59 (0.01) 1,723.58
562-021-07-00 DIAZ LUIS J & MARIA G 2004 FAMILY TRUST 01-28-04 160 2,757.74 0.00 2,757.74
562-031-13-00 BALL JOHN II 110 1,895.95 (0.01) 1,895.94
562-031-14-00 BALL JOHN II 160 2,757.74 0.00 2,757.74
562-090-06-00 WEBSTER GEORGE H SECOND LIVING NON -MARITAL TRUST 270 4,653.70 0.00 4,653.70
562-100-13-00 BALL JOHN II 135 2,326.85 (0.01) 2,326.84
562-100-14-00 WEBSTER GEORGE H SECOND LIVING NON -MARITAL TRUST 135 2,326.85 (0.01) 2,326.84
562-150-13-00 GEN3 PROPERTIES ONE LLC 209 3,602.31 (0.01) 3,602.30
562-160-07-00 GEN3 PROPERTIES TWO LLC 300 5,170.78 0.00 5,170.78
562-180-32-00 GEN3 PROPERTIES TWO LLC 82 1,413.34 0.00 1,413.34
562-180-33-00 GEN3 PROPERTIES TWO LLC 127 2,188.96 0.00 2,188.96
562-220-11-00 MAG 100 30TH STREET LLC 100 943.30 0.00 943.30
562-220-13-00 MCCUNE MOTORS & MCCREDIE TOD C TRUST 03-28-96 (55%) 230 3,964.26 0.00 3,964.26
562-220-31-00 MCCUNE MOTORS & MCCREDIE TOD C TRUST 03-28-96 (55%) 155 2,671.57 (0.01) 2,671.56
562-220-32-00 FRANK REAL PROPERTIES II LP 314 5,412.08 0.00 5,412.08
562-251-37-00 CV VENTURES LLC 202 3,481.65 (0.01) 3,481.64
562-251-38-00 CV VENTURES LLC 167 2,878.40 0.00 2,878.40
562-252-16-00 ERM FAMILY TRUST 11-19-91 & ERM RUDY JR SEPARATE PROPERTY TRUST 05-17-19 330 5,687.85 (0.01) 5,687.84
562-321-07-00 SOC PROPERTIES LLC 182 3,136.94 0.00 3,136.94
562-321-08-00 CITY OF NATIONAL CITY 148 2,550.91 (0.01) 2,550.90
562-330-43-00 54/NATIONAL SELF STORAGE LLC 40 689.43 (0.01) 689.42
562-330-47-00 NATIONAL CITY BLVD STORAGE LLC 192 3,309.29 (0.01) 3,309.28
562-330-48-00 NATIONAL CITY BLVD STORAGE LLC 133 2,292.37 (0.01) 2,292.36
562-340-09-00 WESTCOTT REVOCABLE TRUST 10-28-14 & PARADISE DEBRA 1 300 5,170.78 0.00 5,170.78
562-340-47-00 MOSSY IMPORTS LLC 164 2,826.69 (0.01) 2,826.68
562-340-48-00 MOSSY IMPORTS LLC 436 7,514.86 0.00 7,514.86
562-340-49-00 ESCONDIDO DEVELOPMENT PROPERTIES LLC 291 5,015.65 (0.01) 5,015.64
562-340-50-00 PERRY MOTORS/PROPERTIES OF NATIONAL CITY LLC 300 5,170.78 0.00 5,170.78
562-340-69-00 FRANK REAL PROPERTIES ILP 290 4,998.42 0.00 4,998.42
562-340-70-00 FRANK REAL PROPERTIES ILP 300 5,170.78 0.00 5,170.78
Total 46 Accounts 9,065 $155,463.25 ($0.25) $155,463.00
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CC/CDC-HA Agenda
5/5/2020 — Page 203
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 2, 2020 and to levy and collect assessments for Landscape Maintenance
District No. 1 (Mile of Cars) for Fiscal Year 2020/2021. (Planning)
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CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: May 5, 2020 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 2, 2020 and to levy and collect assessments for Landscape Maintenance District No. 1
(Mile of Cars) for Fiscal Year 2020/21.
PREPARED BY: Raymundo Pe, Principal Planner DEPARTMENT: Community Development
PHONE: 619-336-4421 APPROVED BY:
Armando Vergara
Director of Comm. Dev.
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 2020/21 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 $155,463.48 is an increase
of approximately 2.8 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 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 declaring intent to conduct a public hearing and to levy and collect assessments.
BOARD / COMMISSION RECOMMENDATION:
Not applicable.
ATTACHMENTS:
1. Resolution
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CC/CDC-HA Agenda
5/5/2020 — Page 205
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Services and Neighborhood Services Update on Special Events. (Community Services
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Item #
05/05/20
Community Services and Neighborhood Services
Update on Special Events
(Community Services and Neighborhood Services)
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