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Agenda Packet - 09-01-2020 CC HA Agenda - Final
- CALIFORNIA NikTIONAL CI XAOORPORATfi 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 the City's website at WWW.NATIONALCITYCA. GOV AGENDA OF A REGULAR MEETING - NATIONAL CITY CITY COUNCIL/ COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY ONLINE ONLY MEETING https://www.nationalcityca.gov/webcast LIVE WEBCAST COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CALIFORNIA TUESDAY, SEPTEMBER 1, 2020 — 6:00 PM NOTICE: The health and well-being of National City residents, visitors, and employees during the COVID-19 outbreak remains our top priority. The City of National City is coordinating with the County of San Diego Health Human Services Agency, and other agencies to take measures to monitor and reduce the spread of the novel coronavirus (COVID-19). The World Health Organization has declared the outbreak a global pandemic and local and state emergencies have been declared providing reprieve from certain public meeting laws such as the Brown Act. As a result, the City Council Meeting will occur only online to ensure the safety of City residents, employees and the communities we serve. A live webcast of the meeting may be viewed on the city's website at www.nationalcityca.gov. For Public Comments see "PUBLIC COMMENTS" section below 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 on the City's website at www.nationalcityca.gov. Regular Meetings of the Elected Body are webcast and archived on the City's website at www.nationalcityca.gov. PUBLIC COMMENTS: The City Council will receive public comments via e-mail at clerkAnationalcityca.gov regarding any matters within the jurisdiction of the City Council. Written comments or testimony from the public (limited to three minutes) must be submitted via e-mail by 4:00 p.m. on the day of the City Council Meeting. All comments received from the public will be made a part of the record of the meeting. 1 of 252 The time limit established for public testimony is three minutes per speaker. 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 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. AVISO: La salud y el bienestar de los residentes, visitantes y empleados de National City durante el brote de COVID-19 sigue siendo nuestra maxima prioridad. El Ayuntamiento de la Ciudad de National City se esta coordinando con la Agencia de Salud y Servicios Humanos del Condado de San Diego y otras agencias para tomar medidas con el fin de monitorear y reducir la propagacion del nuevo coronavirus (COVID-19). La Organizacion Mundial de la Salud declaro el brote como una pandemia global y se han manifestado emergencias locales y estatales que resultan en la suspension de ciertas leyes de reuniones publicas, tal como la Ley Brown. Como resultado de ello, la junta del Concejo Municipal del Ayuntamiento se Ilevara a cabo solamente en linea para garantizar la seguridad de los residentes, empleados y comunidades locales que atendemos. Se podra ver una transmision en vivo de la junta en el sitio web del Ayuntamiento en www.nationalcityca.gov. Para comentarios pCiblicos, vea la seccion "COMENTARIOS PUBLICOS" mas adelante. ORDEN DEL DIA: Las sesiones publicas de todas las juntas ordinarias del Concejo Municipal/Comision de Desarrollo Comunitario - Autoridad de Vivienda (en lo sucesivo denominado Organo Electo) inician a las 6:00 p.m. el primer y tercer martes de cada mes. Las audiencias publicas inician a las 6:00 p.m., a menos que se indique lo contrario. Las juntas cerradas inician en sesion abierta a las 5:00 p.m. o en cualquier otro momento que se indique, y tras anunciar los temas de la sesion cerrada, la junta se realiza como sesion cerrada. Si se programa una reunion de discusion y analisis, el tema y la hora de la misma apareceran en la agenda. La Alcaldesa y los Concejales se reunen por igual que el Presidente y los integrantes del Consejo de la Comision de Desarrollo Comunitario. INFORMES: Todos los temas e informes de la agenda de la sesion abierta, asi como todos los documentos y escritos entregados al Organo Electo menos de 72 horas antes de la sesion, apareceran en el sitio web del Ayuntamiento. Las juntas ordinarias del Organo Electo se transmiten por Internet y se archivan en el sitio web del Ayuntamiento en www.nationalcityca.qov. COMENTARIOS PUBLICOS: El Concejo Municipal recibira comentarios publicos por correo electronico en clerk(a�nationalcityca.gov sobre cualquier asunto dentro de la jurisdiccion del Concejo 2 of 252 Municipal. Los comentarios escritos o el testimonio del publico (limitado a tres minutos) deben enviarse por correo electronico antes de las 4:00 p.m. en el dia de Ia sesion del Concelo Municipal. Todos los comentarios recibidos del publico formaran parte del acta de Ia sesion. AGENDA ESCRITA: Con contadas excepciones, el Organo Electo puede tomar medidas unicamente sobre los temas que aparecen en Ia agenda escrita. Los temas que no aparezcan en la agenda deben aparecer en una agenda subsecuente, a menos que sean de emergencia o urgencia demostrada, y Ia necesidad de tomar medidas sobre esos temas haya surgido despues de haber sido publicada la agenda. CALENDARIO DE CONSENTIMIENTO: Los temas del calendario de consentimiento implican cuestiones de naturaleza rutinaria o no controvertida. Todos los temas de consentimiento se adoptan mediante Ia aprobacion de una sola mocion del Concejo Municipal. Antes de la aprobacion, cualquier tema puede eliminarse de la parte de consentimiento de la agenda y considerarse aparte, a peticion de un concejal, individuo del personal del Ayuntamiento o persona del publico. Previa solicitud, esta agenda puede estar disponible en formatos alternativos apropiados para personas con discapacidades, en observancia de la Ley de Estadounidenses con Discapacidades. Llame al telefono (619) 336-4228 de Ia Oficina del Secretario del Ayuntamiento para solicitar una modificacion o adaptacion de acceso relativa a la discapacidad. Notificar 24 horas antes de Ia sesion permitira al Ayuntamiento hacer arreglos razonables para garantizar Ia accesibilidad a esta junta. 3 of 252 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 1. Employee Service Recognition - Ramon A. Canedo, Street Sweeper Operator. (Engineering/Public Works) PRESENTATIONS 2. Free Food Distribution Partnership with Catholic Charities, San Ysidro Health, San Diego Food Bank and Feeding San Diego. (Appaswamy "Vino" Pajanor, CEO, Catholic Charities) 3. Regional Tap Water Outreach Program. (Denise Vedder, Director of Public Affairs, San Diego County Water Authority) INTERVIEWS / APPOINTMENTS 4. Interviews and Appointments: Various Boards and Committees. (City Clerk) REGIONAL BOARDS AND COMMITTEE REPORTS (FIVE-MINUTE TIME LIMIT) CONSENT CALENDAR 5. 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) 6. Resolution of the City Council of the City of National City: 1) authorizing the Mayor to execute a three-year Agreement with Atlas Technical Consultants, LLC for a not -to -exceed amount of $2,000,000 to provide on -call project support services for National City's Capital Improvement Program (CIP), including, but not limited to, geotechnical and soils and materials testing; and 2) authorizing the City Manager to execute any project -specific supplemental 4 of 252 agreements, as may be required for grant funded projects. Engineering/Public Works) 7. Resolution of the City Council of the City of National City: 1) authorizing the Mayor to execute a three-year Agreement with Leighton Consulting, Inc. for a not -to -exceed amount of $2,000,000 to provide on -call project support services for National City's Capital Improvement Program (CIP), including, but not limited to, geotechnical and soils and materials testing; and 2) authorizing the City Manager to execute any project -specific supplemental agreements, as may be required for grant funded projects. (Engineering/Public Works) 8. Resolution of the City Council of the City of National City: 1) authorizing the Mayor to execute a three-year Agreement with Ninyo & Moore Geotechnical & Environmental Sciences Consultants for a not -to -exceed amount of $2,000,000 to provide on -call project support services for National City's Capital Improvement Program (CIP), including, but not limited to, geotechnical and soils and materials testing; and 2) authorizing the City Manager to execute any project -specific supplemental agreements, as may be required for grant funded projects. (Engineering/Public Works) 9. Resolution of the City Council of the City of National City accepting the Covenant's Conditions and Restrictions and authorizing the City Manager to execute and file the Land Use Covenant and Agreement between the City of National City (City) and the Department of Toxic Substances Control (the Department) for the property comprising of the following Assessor's Parcel Numbers: 559-104-10, 560-206-07, 560-391-05, 559-124-06, 559-125-16, and 559-125-15, (formerly the National City Public Works Yard Park -Side) now Paradise Creek Educational Park. (Engineering/Public Works) 10. Resolution of the City Council of the City of National City waiving the bid process pursuant to Section 2.60.260 of the National City Municipal Code and authorizing the Mayor to execute a five year Agreement with Granicus, LLC in the total not -to -exceed amount of $112,856 to upgrade and support Granicus Website Content Management System. (IT) 11. Investment Report for the quarter ended June 30, 2020. (Finance) 12. Warrant Register #3 for the period of 7/15/20 through 7/21/20 in the amount of $650,806.45. (Finance) 13. Warrant Register #4 for the period of 7/22/20 through 7/28/20 in the amount of $2,209,092.95. (Finance) PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS 14. Public Hearing and Introduction of an Ordinance of the City Council of the City of National City Amending the National City Municipal Code Section 16.09.010 of Chapter 16.09 of Title 16 by reducing and modifying the 5 of 252 membership of the Veterans and Military Families Advisory Committee. (City Manager) NON CONSENT RESOLUTIONS 15. Resolution of the City Council of the City of National City: (1) approving the Neighborhood Reinvestment Program Grant from the County of San Diego Board of Supervisors in the amount of $35,000 by waiving City Policy No. 1001 related to the Agreement between the County of San Diego and City of National City's Provision #17 - Defense and Indemnity; and (2) authorizing the establishment of a Library Grant Fund appropriation of $35,000 and corresponding revenue budget to fund the National City Public Library's Staying Connected — Technology Access for All! project. (Library) NEW BUSINESS B. COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY CONSENT RESOLUTIONS - HOUSING AUTHORITY PUBLIC HEARINGS: RESOLUTIONS - HOUSING AUTHORITY NON CONSENT RESOLUTIONS - HOUSING AUTHORITY NEW BUSINESS - HOUSING AUTHORITY C. REPORTS STAFF REPORTS 16. Community and Police Relations Commission (CPRC) Update. (City Manager) 17. City Manager Report. (City Manager) MAYOR AND CITY COUNCIL CLOSED SESSION CLOSED SESSION REPORT ADJOURNMENT Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City - Tuesday - September 15, 2020 - 6:00 p.m. - Council Chambers - National City, California. 6 of 252 The following page(s) contain the backup material for Agenda Item: Employee Service Recognition - Ramon A. Canedo, Street Sweeper Operator. (Engineering/Public Works) Please scroll down to view the backup material. 7 of 252 ACCA�LII ORNIA .o_ NA,vg ZONAL City `-.NCO8PQ3t dTk� City of National City MEMORANDUM DATE: August 18, 2020 TO: Esther Clemente, Executive Assistant P/ (City Manager's Office) Nancy Valdivia-Ochoa, Confidential Assistant (Mayor's Office) FROM: Lilia Munoz, Human Resources Analyst SUBJECT: EMPLOYEE SERVICE RECOGNITION The following City employee will complete his 30 years of service with the City of National City on September 4, 2020: NAME: Ramon A. Caftedo POSITION: Street Sweeper Operator HIRED: September 4, 1990 As part of the Employee Recognition Program, the employee wishes to have the opportunity to receive a City Council Recognition at the Council Meeting of Tuesday, September 1, 2020 at 6pm. If this is acceptable, please make the necessary arrangements. The anniversary letter, service pin, and gift card selection memo will be sent prior to the meeting. Thank you. cc: Roberto Yano, Director of PW/City Engineer Ramon Canedo, Street Sweeper Operator H:\Recognition Program 8 of 252 The following page(s) contain the backup material for Agenda Item: Free Food Distribution Partnership with Catholic Charities, San Ysidro Health, San Diego Food Bank and Feeding San Diego. (Appaswamy "Vino" Pajanor, CEO, Catholic Charities) Please scroll down to view the backup material. 9 of 252 Item # 09/01/20 Free Food Distribution Partnership with Catholic Charities, San Ysidro Health, San Diego Food Bank and Feeding San Diego Appaswamy "Vino" Pajanor CEO, Catholic Charities 10 of 252 // CALIFORNIA nzfil mcoRpoRATED 4 Catholic Charities' Emergency Food Distribution Network at St. Anthony's Parish in National City 11 of 252 "For I was hungry and you nourished me..." - March 23rd, Catholic Charities launched the Emergency Food Distribution Network (EFDN) to deliver food to those in need in a safe, effective, and reliable manner that complies with COVID-19 social distancing requirements. - St. Anthony's Catholic Church in National City is part of the EFDN. May 7th, National City Food Distribution Collaboration was launched in collaboration with City of National City, Naval Base San Diego, South Bay Volkswagen, and other partners in National City. June, COVID Testing by County HHS incorporated. 12 of 252 National City Food Distribution - 14 Weeks - More than 5,200 meals served - More than 359 volunteers providing 1,557 volunteer hours 1 How it works EMERGENCY FOOD DISTRIBUTION NETWORK 1) Community members in need of food register for pick-up or delivery of a food package using Catholic Charities' online system via phone call or by going directly to the webpage. 2) Food delivery is dropped at one location and broken into smaller distributions at Carlsbad Warehouse 3) Food Allocation is Delivered to Parish Partners weekly depending on Consumption Rate 4) Catholic Charities staff, in addition to a core volunteer team, operate drive-thru pick-ups and volunteer deliveries to the homebound from the parish distribution site. 5) Volunteers pack food packages at distribution site for drive-thru pick-up and home delivery 6) Volunteer drivers show up to distribution site to receive delivery routes and food packages to drop off to homebound 7) Community members drive-thru at an appointed time to pick up their food package All food is moved from the distribution site to those in need in the community surrounding the parish in a safe manner compliant with social distancing measures necessary to keep volunteers, staff, and program participants safe during COVID-19. W 14 of 252 WHAT A DISTRIBUTIO N LOOKS LIKE Food Distribution Layout ( )( ) ( 1( ) sr • Home Delivery Pick -Ups • 0 • 1-- • • Packing Assistants Community Services Staff Health & Safety Coordinator Community Services Staff ( )( )( ) ( ) Community Services Staff Parish Site Coordinator Home Delivery Exit ADistribution Assistant 3: Distribution Assistant 2: Community Services Staff Parish Site Coordinator Drive-Thru Pantry ADistribution Assistant 1: Entrance 15 of 252 Clients call us requesting a call back to help with registration -‘) Callback lists are sent out to our volunteers Clients get schedules in for a pickup or delivery time for , their food We receive the requests and generate a call list. Volunteers call and register clients. Volunteers send back feedback to us. HAPP CLIENTS 16 of 252 17 of 252 The following page(s) contain the backup material for Agenda Item: Regional Tap Water Outreach Program. (Denise Vedder, Director of Public Affairs, San Diego County Water Authority) Please scroll down to view the backup material. 18 of 252 Item # 09/01/20 Regional Tap Water Outreach Program Denise Vedder, Director of Public Affairs San Diego County Water Authority 19 of 252 San Diego County Water Authority Our Region's Trusted Water Leader Regional Tap Water Outreach Program National City Council September 1,2020 Denise Vedder, Director of Public Affairs 20 of 252 Nationwide Study Conversations Improve Satisfaction People who recall having received communication from their water utility in the last year report higher satisfaction with their water than those who do not recall any communication 85% 86% 84% satisfied with their water report their water is safe report their water quality is excellent/good 6 Our Region's Trusted Water Leader San Diego County Water Authority 21 of 252 No Matter What, You Can Trust the Tap Our water supply is continually treated and tested to ensure its safety. .RUST • TNETAP 6 Our Region's Trusted Water Leader San Diego County Water Authority AND ITS 24 MEMBER AGENCIES sdcwa.org 6 Our Region's Trusted Water Leader San Diego County Water Authority 22 of 252 Numerous Tools Promote Public Engagement OSan Diego County Water Authority scnnnrnd In these uncertain times. across the region there are things you can still count on. That includes clean, plentiful and convenient water delivered to your tap 24 hours a day, seven days a week SANDRA L KERL General Manger, San dope County Water AMlarfty SDCWA O4 G No matter what. we're here for you. Learn More 6 Our Region's Trusted Water Leader San Diego County Water Authority And its 24 member agencies Providing clean water delivered to your tap 24/7. ATCH THE VIDEO Our water supply is continually treated and tested to ensure its safety. each e r THE TAP s Our Region's Trusted Water Leader San Diego County Water Authority AND ITS 24 MEMBER AGENCIES sdcwa.org 6 Our Region's Trusted Water Leader San Diego County Water Authority ENSURING PLUM611. SYSTEM SAVOY -IXACIIVE SYSTEMS MAY 1.01341F CARE yxla 1a rowaet Iola - ' hood rot. to k pouni.annornwranann..a Ina wooln o:.f.69 �ow E01[10,5a rrwax: quality nontcnn p'xjam losctnlinc0 n onion onto aaler,rd aurxmn has mmwaJ to nee di n wmer Man.. Nno.ovo. nerot000ns nor.irlaLtion saom sn nom nnvuanmxn u ovna. end manages aneduexa apeda on vim pweMnp aye, nt 4ncluing. am e.o.m. vacant or nave aw permsa lent Wita wmay rid..) B.xN,a can Brwah In clan oipop o bnuro amNVAC srablaltiat n'l and or nie Santee Im problem lreon were hen banal.nit dreamt melon eon avoid oanraecaeon Om Patna tut ylur gam soon Mali hat one 0 d wearthrol0hallptina w toe lea...eon. onkla,.... nlah vna MI n ItreNnoatM as bwrolnmamma Valley Center Municipal Water Diurct is provibrra public notice, about private pfurrbinp System safety; hannvar. it is the rc,ponaibiliy al building awnera and nnnoaers to addreas any related issues on thee owl propenles. Fur more detailed information and mina:lons to water in your building S safe. go le Centers for Disease Control and Prevention webaiaat nlllt /\, nwetl-9Y+.can l�[�-uv/"Vl r, onsdka_a nern nl'td OSan Diego County Water Authority Sponsored sZo The Water Authority's long -running and highly popular school assembly programs are suspended as students nationwide stay home due to the coronawrus pandemic. To help students continue leaning about water and science. the Water Authority is partnering with Shows That Teach to produce a series of free. online educational videos about the benefits of tap water. mating the mast o1 precious natural resources like water and more YOUTUBE. COM Online Educational Videos by Shows That Teach 1 earn More -I 23 of 252 Water Authority 2019 Survey Hispanics, African Americans Show Most Skepticism Lib kit y Q"ate cas La f &f- merican i d• ask A..; i a n Anneric an Mixed f Algae: .� .Hes , -n Qt her ea E .L 3S 1 30 22 49 36 Climat e change 25 1O.5 15 11._3. - - 2 .4_ .7- - . Water ciozwt, rat e iincrcases 43 1.9. 3 2 T_ "i . 1 1 22. 2 % T ' 9. 5 5.i. O o Light, not r n�ugh 16 7 9 22 _ 13 Ile aIt hi di:easesi. con-- 411 _ 38 7 3 a, 9 .1 tantinazte�dl �a�x�r • • • 6 Our Region's Trusted Water Leader San Diego County Water Authority 24 of 252 1 Million+ Hispanics in the Region WHITE: HITE: 45.7% OTHER: 0.2 PAC ISLAND: 0.4 AM IND: 0.5 HISPANIC. % 2 OR. r i0ICE: 3,4%1% ASIAN: 10, BLACK: 4.4% 6 Our Region's Trusted Water Leader San Diego County Water Authority 25 of 252 Spanish Spoken Here San Diego Language by Age All Ages 5-17 18-64 65+ Only English Spanish III Other Indo-European Languages Asian and Pacific Island Languages III Omer Languages 6 Our Region's Trusted Water Leader San Diego County Water Authority 26 of 252 Pilot Program Explores Audience ..,ter► • Use grant funds • Keep scale small • Develop authentic materials • Test themes for resonance Explore multiple tactics • Assess success with social metrics ALA u 6 Our Region's Trusted Water Leader San Diego County Water Authority 27 of 252 Message Testing for Several Themes Sm. Dave Comrty Water AWawpp Clean El aqua quo salo do to have os Ii mas pura quo hay. linka.Aa Digital Advertising We tested several themes Community Family Convenient El apua de la (lave es la me{at... pare toda la familia. Cook Schmid 6 Our Region's Trusted Water Leader San Diego County Water Authority 28 of 252 Connecting with the Hispanic Community J Social ads, YouTube videos and social media TV show with Dr. Perez 111 Media opportunities and interviews 6 Our Region's Trusted Water Leader San Diego County Water Authority 29 of 252 • utreac Proves Re'iona Re evan Conclusions • Trust the Tap demonstrated regional interest in learning about health and safety of tap water. • Hispanics are interested in water quality issues and receptive to learning more. • Social and influencer tactics show - measurable results. • Communication improves perceptions o water quality. 114 6 Our Region's Trusted Water Leader San Diego County Water Authority 31 of 252 Next Steps • Plans are underway to continue Trust the Tap outreach into the Fall. • Community health organizations play an important role in the community and provide opportunities for building 41relationships. • Pilot outreach to expand and include other cultural groups. 4.4110 -111"rfr 4 6 Our Region's Trusted Water Leader San Diego County Water Authority 32 of 252 The following page(s) contain the backup material for Agenda Item: Interviews and Appointments: Various Boards and Committees. (City Clerk) Please scroll down to view the backup material. 33 of 252 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 1, 2020 AGENDA ITEM NO. ITEM TITLE: Interviews and Appointments: Various Boards and Committees. (City Clerk) PREPARED BY: Michael R. Dalla PHONE: (619) 336-4226 EXPLANATION: See attached. DEPARTMENT: City Clerk APPROVED BY: �r FINANCIAL STATEMENT: N/A ACCOUNT NO. ENVIRONMENTAL REVIEW: APPROVED: Finance APPROVED: MIS ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Take action as desired. ATTACHMENTS: Explanation Applications 34 of 252 CITY BOARDS AND COMMISSIONS — SEPTEMBER 1, 2020 CIVIL SERVICE COMMISSION (Appointing Authority: City Council / Staff Liaison: Robert Meteau) There is one (1) vacancy on the Civil Service Commission. There are applicants. Name Interviewed Vacancy No Applicants TRAFFIC SAFETY COMMITTEE (Appointing Authority: Mayor, subject to confirmation by City Council / Staff Liaison: Luca Zappiello & Carla Hutchinson) There is one (1) unexpired term on the Traffic Safety Committee. There is one (1) new applicant. Name Interviewed Zaachariah Trujillo Yes 35 of 252 CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES Community & Police Relations Commission* (CPRC) Library Board of Trustees Parks, Recreation & Senior Citizens Advisory Board Veterans & Military Families Advisory Committee* Civil Service Committee _X_ Planning Commission Public Art Committee* X Traffic Safety Committee Advisory Housing Committee* - Applicants must be residents of the City of National City except for those marked by an asterisk (*). All applicants must be U.S. Citizens. Applicants for the Community and Police Relations Commission must pass a criminal background check prior to appointment. Applicants for the Advisory Housing Committee must have subject matter expertise in housing -related issues. Name: Zachariah Trujillo Home Address: 521 L Ave, NC CA 91950 (Include City/Zip) E-Mail: zachariahtrujillo@gmail.com Tel No: 619-781-2051 Business Affiliation: Title: Business Address: Tel. No.: Length of Residence in National City: 2Yrs San Diego County: 27yrs California: 27yrs Educational Background: Bachelors Degree in the Science of Accountancy Occupational Experience: Deployed Veteran OEF 2010. Retired Military 2013. Worked with a couple civil engineering firms in San Diego as an Accountant. Professional or Technical Organization Memberships: Southwest Lodge 283 Free Masons Tivic or Community Experience, Membership, or Previous Public Service Appointments: his will be my start. Experience or Special Knowledge Pertaining to Area of Interest: Knowledge of project accounting for civil engineer allows me to understand terms of maps. Have you ever been convicted of a felony crime? No: X Yes:_ misdemeanor crime? No: X Yes: _ If any convictions were expunged disclosure is not required. Convictions are not necessarily disqualifying. Please feel free to provide an explanation or information if "Yes" was marked for the above two questions. Date: 07/08/2020 Signature: Please feel free to provide additional information or letters of endorsement. Return completed form to: Office of the City Clerk, 1243 National City Blvd., National City, CA 91950 Thank you for your interest in serving the City of National City. Pursuant to the California Public Records Act, information on this form 2. Rev. February 20 may be released to the public upon request. 36 of 252 Mike Dalla From: Zachariah Trujillo <zachariahtrujillo@gmail.com> Sent: Wednesday, July 08, 2020 10:30 AM To: Clerk Subject: Application for Appointment to Citys Boards, Commissions, and Committees - Zachariah Trujillo Attachments: Untitled.pdf; Date (1).pdf CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Good Morning Team, My name is Zachariah Trujillo. I have been a homeowner in National City for 1 year and 10 months. 1 do not plan on moving and would like to be a part of the community. Given my educational background with a Bachelors in Accountancy I feel my addition would add value, insightfulness, commitment to understanding presented material. I have been employed within the Civil Engineering industry at various employers for the last 3 years in the accounting section. Employers consisted of Kimley Horn and Project Design Consultants. Project Design Consultants was the Civil Engineering firm used for "National City Bayfront Marina District 2012" as well as "National City General Plan Update 2007." Given my accounting position I was able to review these plans after moving to National City 09/2018; curiosity in how the City would grow. I would enjoy being a part of our community elected board team, I feel the future holds great possibilities and would like to be apart of its development. Furthermore I am a Medically Retired Navy/Marine Veteran with awarded service to commitment and performance of valor in Operation Enduring Freedom Afghanistan 2010. During my time in service my positions included being part of the preventive medicine team to which I gathered information allowing for a quicker response to our 1st Light Armored Reconassiance Battalion consisting of 800+ Marines. Within a few months the first quarter of 2011 year I was awarded the Blue Jacket of Quarter for 1st Marine Corps Division. Begining of 2011 I was in an accident and relieved of my duties 2013 in service with a honorable medical retirement. To be chosen for a position on the Board would give me great honor and allow me to serve our community once more. Please find attached "Application for Appointment to Citys Boards, Commissions, and Committees." Thank you for your time and consideration, Zachariah Trujillo zachariahtrujillo@gmail.com 619-781-2051 3 37 of 252 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. 38 of 252 Item # 09/01/20 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) 39 of 252 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City: 1) authorizing the Mayor to execute a three-year Agreement with Atlas Technical Consultants, LLC for a not -to -exceed amount of $2,000,000 to provide on -call project support services for National City's Capital Improvement Program (CIP), including, but not limited to, geotechnical and soils and materials testing; and 2) authorizing the City Manager to execute any project -specific supplemental agreements, as may be required for grant funded projects. Engineering/Public Works) Please scroll down to view the backup material. 40 of 252 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 1, 2020 AGENDA ITEM NO.: ITEM TITLE: Resolution of the City Council of the City of National City, 1) authorizing the Mayor to execute a three- year Agreement with Atlas Technical Consultants, LLC for a not -to -exceed amount of $2,000,000 to provide on -call project support services for National City's Capital Improvement Program (CIP), including, but not limited to, geotechnical and soils and materials testing; and 2) authorizing the City Manager to execute any project -specific supplemental agreements, as may be required for grant funded projects. PREPARED BY: Tirza Gonzales, Management Analyst IIDEPARTMENT: Engineering & Public Works ,r -- PHONE: 619-336-4318 EXPLANATION: See staff report. APPROVED BY: FINANCIAL STATEMENT: APPROVED: ` / [ 44( FINANCE ACCOUNT NO. APPROVED: MIS Funds are appropriated in various CIP accounts for FY 2021; funding for subsequent fiscal years is dependent on future CIP appropriations as part of annual budget and/or future grant awards ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION U FINAL ADOPTION STAFF RECOMMENDATION: Adopt Resolution executing an Agreement Atlas Technical Consultants, LLC for a not -to -exceed amount of $2,000,000 to provide on -call project support services for National City's CIP. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS 1. Explanation 2. Agreement 3. Resolution 41 of 25 2 Explanation: National City's Capital Improvement Program (CIP) estimates approximately $80 million in capital needs over the next five years. Projects include, for example, corridor enhancements for traffic calming, pedestrian / bicycle safety (including Americans with Disabilities Act compliance) and smart growth redevelopment; road diets and complete streets; safe routes to school; traffic signal modifications; new street lights; sewer replacement and upsizing; storm drain improvements and implementation of Low - Impact Development (LID) measures for treatment of urban storm water runoff; drought tolerant landscaping; facilities improvements; and park amenities. In order to successfully design, manage, and construct these projects, the Engineering & Public Works Department advertised a Request for Qualifications (RFQ) for various engineering, architectural, and construction support services on May 1, 2019. Additional services requested via the RFQ include, for example, plan and map reviews, preparation of plat and legal descriptions, sewer system management and financial administration, housing and real estate development services, Building Department support services, and environmental compliance involving storm water, wastewater and hazardous materials. The RFQ was advertised on the City's website, published in the San Diego Union Tribune, e-mailed to over 100 professional consulting firms, and also advertised on PlanetBids where over 400 firms were notified. Additionally, the City hosted an Information Session regarding the RFQ process on May 14, 2019 at the MLK Jr. Community Center, which was attended by over 100 people. The Department received 71 Statement of Qualifications (SOQs) from various firms by the June 10, 2019 deadline. Copies of the SOQs received are available in the Office of the City Engineer. Based on the strength of their SOQ, interview, and past performance, staff recommends executing a three-year Agreement (with the option to extend for two, one year extensions) with Atlas Technical Consultants, LLC, formerly SCST, LLC, for a not -to - exceed amount of $2,000,000 to provide on -call project support services for National City's CIP, including, but not limited to, geotechnical and soils and materials testing. See Exhibit "A" for general scope of work and Exhibit "B" for schedule of fees. Services will be provided "as -needed" based on available funding and capital priorities. In addition, staff recommends authorizing the City Manager to execute any project - specific supplemental agreements, as may be required for grant funded projects. These supplemental agreements would reference the terms and conditions of the attached master on -call Agreement, while incorporating additional project -specific grant requirements for use of consultant support services. Authorization to accept and appropriate grant funds, and execute grant agreements with the awarding agency (e.g. Caltrans, SANDAG, etc.) would still require separate City Council action. 42 of 252 AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND ATLAS TECHNICAL CONSULTANTS, LLC. THIS AGREEMENT is entered into on this 1st day of September, 2020, between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and ATLAS TECHNICAL CONSULTANTS, LLC (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide on -call project support services for National City's Capital Improvement Program (CIP); WHEREAS, on May 1, 2019, the Engineering & Public Works Department advertised a Request for Qualifications (RFQ) for on -call project support services for National City's CIP; WHEREAS, on June 10, 2019, the CONSULTANT submitted a Statement of Qualifications (SOQ) in response to the RFQ, consistent with the requirements of the RFQ; WHEREAS, the CITY has determined that the CONSULTANT is a geotechnical, soils and materials testing firm; and WHEREAS, based on evaluation of the CONSULTANT SOQ and interview, the CITY has determined that the CONSULTANT is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CITY agrees to engage the CONSULTANT to provide on -call CIP project support services for the CITY, and the CONSULTANT agrees to perform the services set forth here in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services shall be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement will become effective on September 1, 2020. The duration of this Agreement is for the period of September 1, 2020 through August 31, 2023. This Agreement may be extended by mutual agreement upon the same terms and conditions for an additional one (1) year term. The Parties may exercise up to two one-year extensions. Any extension of this Agreement must be approved in writing by the City Council. 43 of 252 3. SCOPE OF SERVICES. The CONSULTANT will perform services as set forth in the attached Exhibit "A", including, but not limited to, geotechnical and soils and materials testing. The CONSULTANT will be expected to submit proposals for individual task orders in a timely manner, consistent with the general scope of services described in Exhibit "A". Task order proposals shall include a detailed scope of work, schedule of deliverables, and a "not -to - exceed" cost estimate. The Project Coordinator will issue a Notice to Proceed upon approval of each individual task order. After issuance of a Notice to Proceed for each individual task order, the CONSULTANT will only receive compensation for actual work performed, on a time -and - materials basis, consistent with the detailed scope of work, and within the limits of the "not -to - exceed" cost estimate. The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services. 4. PROJECT COORDINATION AND SUPERVISION. The City Engineer/Director of Public Works hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Daniel Richardson, P.E., Project Manager/Project Engineer, thereby is designated as the Project Director for the CONSULTANT. 5. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A" shall not exceed $2,000,000, The compensation for the CONSULTANT' s work shall not exceed the rates set forth in Exhibit "B".The CITY will not accept CONSULTANT "mark-ups" for services provided by SUBCONSULTANTS. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A", as determined by the CITY. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred, and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY, and for furnishing of copies to the CITY, if requested. 6. ACCEPTABILITY OF WORK. The CITY shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement, and the amount of compensation due. In the event the CONSULTANT and the CITY cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT iri this Standard Agreement Page 2 of 12 City of National City and Revised May 2019 Atlas Technical Consultants, LLC 44 of 252 Agreement, the CITY or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the CITY shall each prepare a report which supports their position and file the same with the other party. The CITY shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT. 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications, and other documents prepared by the CONSULTANT for this project, whether paper or electronic, shall: (1) be free from defects; (2) become the property of the CITY for use with respect to this project; and (3) shall be turned over to the CITY upon completion of the project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CITY, and CONSULTANT thereby expressly waives and disclaims any copyright in, and the right to reproduce, all written material, drawings, plans, specifications, or other work prepared under this Agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium, or method utilize the CONSULTANT's written work product for the CITY's purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings, or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14, but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of Services of this project, unless otherwise mutually agreed. 8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT's employees are employees of the CITY, and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemploy- ment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement, nor any interest herein, may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or SUBCONSULTANTS, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its SUBCONSULTANT(S) shall require the SUBCONSULTANT(S) to adhere to the applicable terms of this Agreement. Standard Agreement Page 3 of 12 City of National City and Revised May 2019 Atlas Technical Consultants, LLC 45 of 252 9. CONTROL. Neither the CITY, nor its officers, agents, or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT's employees, except as set forth in this Agreement. The CONSULTANT, or the CONSULTANT's agents, servants, or employees are not in any manner agents, servants, or employees of the CITY. The CONSULTANT and its agents, servants, and employees are wholly independent from the CITY and CONSULTANT's obligations to the CITY are solely prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable state and federal statutes and regulations, and all applicable ordinances, rules, and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT and each of its SUBCONSULTANT(S), shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. CONSULTANT must promptly produce a copy of any such license, permit, or approval to CITY upon request. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 12. STANDARD OF CARE. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT's trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT's employees and tnembers of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this Agreement, the CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONSULTANT' s professional performance or the furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -section will render the CONSULTANT liable to the CITY for any increased costs that result from the CITY' s later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. Standard Agreement Revised May 2019 Page 4 of 12 City of National City and Atlas Technical Consultants, LLC 46 of 252 13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 14, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONSULTANT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 15. 15. INDEMNIFICATION AND HOLD HARMLESS. To the maximum extent provided by law, the CONSULTANT agrees to defend, indemnify, and hold harmless the City of National City, its officers, officials, agents, employees, and volunteers against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT's negligence, recklessness, or willful misconduct in the performance of this Agreement. CITY will cooperate reasonably in the defense of any action, and CONSULTANT shall employ competent counsel, reasonably acceptable to the City Attorney. The indemnity, defense and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement. Standard Agreement Page 5 of 12 City of National City and Revised May 2019 Atlas Technical Consultants, LLC 47 of 252 16. EMPLOYEE PAYMENTS AND INDEMNIFICATION. A. PERS Eligibility Indemnification. If CONTRACTOR' s employee(s) providing services under this Agreement claims, or is determined by a court of competent jurisdiction or the California Public Employees Retirement System ("PERS") to be eligible for enrollment in PERS of the CITY, CONTRACTOR shall indemnify, defend, and hold harmless CITY for the payment of any employer and employee contributions for PERS benefits on behalf of the employee as well as for payment of any penalties and interest on such contributions which would otherwise be the responsibility of the CITY. CONTRACTOR's employees providing service under this Agreement shall not: (1) qualify for any compensation and benefit under PERS; (2) be entitled to any benefits under PERS; (3) enroll in PERS as an employee of CITY; (4) receive any employer contributions paid by CITY for PERS benefits; or (5) be entitled to any other PERS-related benefit that would accrue to a CITY employee. CONTRACTOR's employees hereby waive any claims to benefits or compensation described in this Section 16. This Section 16 applies to CONTRACTOR notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary. B. Limitation of CITY Liability. The payment made to CONTRACTOR under this Agreement shall be the full and complete compensation to which CONTRACTOR and CONTRACTOR's officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither CONTRACTOR nor CONTRACTOR' s officers, employees, agents, and subcontractors are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to CITY employees. The CITY will not make any federal or state tax withholdings on behalf of CONTRACTOR. The CITY shall not be required to pay any workers' compensation insurance on behalf of CONTRACTOR. C. Indemnification for Employee Payments. CONTRACTOR agrees to defend and indemnify the CITY for any obligation, claim, suit, or demand for tax, retirement contribution including any contribution to PERS, social security, salary or wages, overtime payment, or workers' compensation payment which the CITY may be required to make on behalf of (1) CONTRACTOR, (2) any employee of CONTRACTOR, or (3) any employee of CONTRACTOR construed to be an employee of the CITY, for work performed under this Agreement. This is a continuing obligation that survives the termination of this Agreement. 17. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Labor Code and all amendments thereto; and all similar State or federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, employees, and volunteers from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. Standard Agreement Page 6 of 12 City of National City and Revised May 2019 Atlas Technical Consultants, LLC 48 of 252 18. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its SUBCONSULTANT(S), when applicable, to purchase and maintain throughout the term of this Agreement, the following insurance policies: A. Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile Insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. C. Commercial General Liability Insurance, with minimum limits of either $2,000,000 per occurrence and $4,000,000 aggregate, or $1,000,000 per occurrence and $2,000,000 aggregate with a $2,000,000 umbrella policy, covering all bodily injury and property damage arising out of its operations, work, or performance under this Agreement. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "project" or "location". The "project" or "location" should be noted with specificity on an endorsement that shall be incorporated into the policy. D. Workers' Compensation Insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT's employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the CITY. Said endorsement shall be provided prior to commencement of work under this Agreement. If CONSULTANT has no employees subject to the California Workers' Compensation and Labor laws, CONSULTANT shall execute a Declaration to that effect. Said Declaration shall be provided to CONSULTANT by CITY. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, officials, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY's Risk Manager, at the address listed in subsection G below, of cancellation or material change. F. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the tern (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. G. The Certificate Holder for all policies of insurance required by this Section shall be: City of National City c/o Risk Manager 1243 National City Boulevard National City, CA 91950-4397 H. Insurance shall be written with only insurers authorized to conduct business in California that hold a current policy holder's alphabetic and financial size category Standard Agreement Page 7 of 12 City of National City and Revised May 2019 Atlas Technical Consultants, LLC 49 of 252 rating of not less than A:VII according to the current Best's Key Rating Guide, or a company of equal financial stability that is approved by the CITY's Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent List of Approved Surplus Line Insurers ("LASLI") and otherwise meet rating requirements. I. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONSULTANT does not keep all insurance policies required by this Section 18 in full force and effect at all times during the term of this Agreement, the CITY may treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. J. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. CITY reserves the right to modify the insurance requirements of this Section 18, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. K. If the CONSULTANT maintains broader coverage or higher limits (or both) than the minimum limits shown above, the CITY shall be entitled to the broader coverage or higher limits (or both) maintained by the CONSULTANT. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY. 19. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the Standard Agreement Page 8 of 12 City of National City and Revised May 2019 Atlas Technical Consultants, LLC 50 of 252 CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Teixnination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONSULTANT's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 7. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: Roberto Yano City Engineer/Director of Public Works Engineering & Public Works Departinent City of National City 1243 National City Boulevard National City, CA 91950-4397 To CONSULTANT: Daniel Richardson, P.E. Project Manager/Project Engineer Atlas Technical Consultants, LLC 6280 Riverdale Street San Diego, CA 92120 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. Standard Agreement Page 9of12 City of National City and Revised May 2019 Atlas Technical Consultants, LLC 51 of 252 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. The CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Section 22 by the CONSULTANT. 23. PREVAILING WAGES. State prevailing wage rates may apply to work performed under this Agreement. State prevailing wages rates apply to all public works contracts as set forth in California Labor Code, including but not limited to, Sections 1720, 1720.2, 1720.3, 1720.4, and 1771. Consultant is solely responsible to determine if State prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations. 24. ADMINISTRATIVE PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state, or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the .parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. To the extent any exhibits, schedules, or provisions thereof conflict or are inconsistent with the terms and conditions contained in this Agreement, the terms and conditions of this Agreement shall control. Standard Agreement Page 10 of 12 City of National City and Revised May 2019 Atlas Technical Consultants, LLC 52 of 252 F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Assignment & Assumption of Rights. CONSULTANT shall not assign this Agreement, in whole or in part, to any other party without first obtaining the written consent of CITY. H. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. I. Applicable Law, This Agreement shall be governed by and construed in accordance with the laws of the State of California. The venue for any legal action arising under this Agreement shall be in either state or federal court in the County of San Diego, State of California. J. Audit. If this Agreement exceeds ten -thousand dollars ($10,000), the parties shall be subject to the examination and audit of the State Auditor for a period of three (3) years after final payment under the Agreement, per Government Code Section 8546.7. K. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. L. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. M. Subcontractors or Subconsultants. The CITY is engaging the services of the CONSULTANT identified in this Agreement. The CONSULTANT shall not subcontract any portion of the work, unless such subcontracting was part of the original proposal or is allowed by the CITY in writing. In the event any portion of the work under this Agreement is subcontracted, the subconsultant(s) shall be required to comply with and agree to, for the benefit of and in favor of the CITY, both the insurance provisions in Section 18 and the indemnification and hold harmless provision of Section 15 of this Agreement. /// 1/1 /// /// Standard Agreement Page 11 of 12 City of National City and Revised May 2019 Atlas Technical Consultants, LLC 53 of 252 N. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Alejandra Sotelo Solis, Mayor APPROVED AS TO FORM: By: Angil P. Morris -Jones City Attorney ATLAS TECHNICAL CONSULTANTS, LLC (Corporation - signatures of nro corporate Officers required) By: By: (Name) L. Joe Boyer (Prinll Chief Executive Officer (Title) (Print) Chief Operating Officer (Title) Standard Agreement Page 12 of 12 City or National City and Revised May 2019 Atlas Technical Consultants_ LLC 54 of 252 EXHIBIT A C Si© June 10, 2019 Roberto Yano, PE, Deputy City Engineer City of National City Engineering and Public Works Department 1243 National City Boulevard National City, CA 91950 SUBJECT: Mr. Yano, 1. COVER LETTER 6280 Riverdale Street San Diego, CA 92120 r, 619.280.4321 619.280.4717 www.scst.com ON -CALL PROJECT SUPPORT SERVICES FOR NATIONAL CITY'S CAPITAL IMPROVEMENT PROGRAM (GEOTECINNICAL AND TESTING AND INSPECTION) SCST, LLC is pleased to present our qualifications to provide Geotechnical Services (including soils and materials testing) as well as Observation and Inspection services on an on -call basis for the City's Capital Improvement Program. Established in 1959, SCST is a professional services firm providing comprehensive geotechnical and materials testing, special inspection, and engineering services for 60 years. We have been working with the City for almost 10 years, and would feel privileged to continue our working relationship providing effective solutions and the outstanding support you are accustom to receiving from SCST to successfully complete every project where we are involved. FIRM BACKGROUND Having been headquartered in San Diego since 1959, we are one of the most established full service geotechnical engineering, soils and materials testing, and inspection firms in San Diego County. Having been in the County for 60 years, we have worked with almost every city in the county, as well as the County of San Diego, and most of the other regional municipal agencies. We employ over 190 staff members, including skilled geotechnical engineers, civil and environmental engineers, environmental scientists, engineering geologists, multi-credentialed inspectors and technicians, and the appropriate management systems and support personnel committed to providing our clients with high quality and tailored services. The majority of our inspectors and technicians are multi-credentialed personnel trained and licensed by various local, state, and national regulating agencies, including the International Code Council (ICC), Division of the State Architect (DSA), Caltrans, American Concrete Institute (ACI), and the American Welding Society (AWS). Our laboratories are certified by various regulatory agencies including the Division of the State Architect (DSA), American Society for Testing and Materials (ASTM), AASHTO Re:Source (formerly AMRL), Caltrans, the Cement and Concrete Reference Laboratory (CCRL), and the US Army Corps of Engineers. UNIQUE ATTRIBUTES/DISTINGUISHING CHARACTERISTICS Advantages to utilizing SCST's team to provide geotechnical, soils and materials testing, and inspection services include: Consistently provide exceptional client service. Our San Diego Laboratory is 9 miles from the City's offices, which helps SCST to provide the rapid response you have received in the past. Our demonstrated ability to provide the support necessary to ensure projects are delivered successfully is illustrated in Section 5, Experience and Technical Competence, Letter e. City of National City P,FO for On -Call Project Support Services for National City's Capital Improvement Program (GIP) SCST Proposal No 19-0310 55 of 252 © C' $'Q 2. EXECUTIVE SUMMARY This is a brief overview of our entire Statement of Qualifications package. In submitting this package, SCSI would like the City to know how fortunate we feel to have partnered with the City of National City over the past several years to aid in the design and construction of various projects under the City's Capital Improvement Program (C I P). Having worked with the City in an on -call capacity for almost 10 years, we feel we have a unique understanding of how the City works, it's CIP, and the City's needs and requirements. We understand the value of communication with the City and its project teams, and the importance of delivering a project on time and under budget. All of this gives SCST an intimate understanding of the City, aiding us in continuing to help the City meet and exceed its project goals. SCST understands the importance of staffing an on -call contract with exceptional project managers, field staff, laboratory technicians, and administrative aid. We will continue to provide the City with the high-level of service you have received from us in the past. In Section 5b, we outline our staffing plan and provide you with resumes of our proposed team for this contract. We have included an organizational chart illustrating our complete staffing capacity. We are located 10 minutes from the City offices, and have staff who live in the surrounding areas, making staffing City projects a simple process. We have the experience and technical competence to provide the services the City requires during design and construction phases of a project. We have been providing geotechnical engineering, soils and materials testing, geology, earthwork observation, and special inspection services in and around the National City area for 60 years. We understand the local environment and have knowledge of the appropriate regulations, design standards, and best practices. We provide a local, well qualified, and experienced project manager. We have worked on projects similar in size and scope to the projects in the City's CIP, including streets, sewers, storm drains, ADA compliance, parks, recreation centers, city buildings, and in -fill housing projects. This is illustrated in Section 5e. Our project approach is designed to aid the City in accomplishing its goals. We have a time -tested way in which we approach each project, but will customize that approach as necessary for specific projects. Because we understand this is a major part in keeping a project running on schedule, and within budget, SCSI pays a great deal of attention to crafting our approach to aid in that process. We have outlined our approach in Section 5g. Although our services do not require researching, applying for, or managing grants, we are familiar with providing services for federal, state, and locally funded projects, including work on Caltrans projects. Our financial and accounting systems are in compliance with the Code of Federal Regulations. If awarded this contract, we can submit a certification per Section IX.G.1 and Section IX.G.2 of the RFQ. City of National City RFQ for On -Call Project Support Services for National City's Capital Improvement Program (CIP) SCST Proposal No. 19-0310 56 of 252 © CI 5. EXPERIENCE AND TECHNICAL COMPETENCE a. IDENTIFICATION OF DISCIPLINES OF INTEREST SCST proposes to provide the City with Geotechnical Services (including soils and materials testing) as well as Observation and Inspection services. All services will be performed in accordance and compliance with all applicable local, regional, state, and federal regulations, rules, and ordinances. Our services will include: GEOTECI-INICAL ENGINEERING (INCLUDING ENGINEERING GEOLOGY) SOILS AND MATERIALS TESTING Geotechnical Investigations Seismic Hazard Analysis Liquefaction Analysis Slope Stability Analysis Pavement Section Design Landslide Evaluations Seismic Refraction Surveys Fault Investigations Geologic Hazard Recommendations Grading and Foundation Recommendations Soils Aggregate Asphalt Concrete Metals Concrete OBSERVATION AND INSPECTION Grading Subgrade Aggregate Base Material Asphalt Concrete Underground Utilities Caissons Footings + Shoring + Post -Tension Concrete + Masonry + Structural Steel Welding + Fireproofing + Roofing + Waterproofing Reinforced and Prestressed Concrete Interior and Exterior Building Envelope b. STAFFING PLAN AND RESUMES SCST employs 192 full-time staff members and has a high percentage of professionally qualified personnel. We attract and retain our staff on a long-term basis with an average of 15 years, which enables us to provide unparalleled consistency of staff and quality services throughout the life of a project. Our project managers hold weekly meetings to discuss scheduling and staffing needs. The scheduling of current projects are planned a week in advance and in the event of an emergency or last minute request, SCST's technical personnel are cross -trained to ensure that we are always staffed with well -qualified individuals who can cover any project at any time. In addition, monthly meetings are held to discuss the firm's backlog and plan for any upcoming and future staffing needs. This meeting includes our licensed engineers, project managers, field supervisors, and laboratory director. SCST currently has and maintains the staffing resources and ability to provide the required services for this contract. The key staff identified on the following pages are the individuals proposed for this contract. However, should additional staff members be required to fulfill the scope of services for any given project, SCST has the experienced staff to ensure the City's schedules and requirements are met. Daniel Richardson, PE, a state of California registered professional engineer will serve as SCST's project manager and primary point -of -contact throughout the duration of this contract. He has seven years of experience providing supervision and oversight of geotechnical, testing and inspection services. Daniel will be in charge of approving submittals and coordinating with the City, as well as other relevant agencies, and providing oversight of all services provided by SCST's team. City of National City RFO for On -Call Project Support Services for National City's Capital Improvement Program (CIP) SCST Proposal No 19-0310 57 of 252 EXHIBIT B *Modified Schedule B . t-�-_ SCST, LLC - CITY OF NATIONAL CI`ih pC! SCHEDULE OF FEE ei‘d, s © PROFESSIONAL SERVIC California Prevailing Wage Effective July 1, 2019 PROFESSIONAL SERVICES Professional (Engineering, Geology, Environmental) Principal Professional $177* Senior Professional 158* Project Professional 118* Staff Professional 102* Drafter 80* Field Services (Geotechnical, Inspection) Group 1 (Geotechnical, Concrete Sampling) $99* Group 2 (Special Inspection) 102* Group 3 (NDT Testing) 107* Coring 129* Field Supervisor 115 Off Site Inspector 102* Laboratory Technician 80* Field Services (Utility/Rebar Locating) Hourly Rate (A Mob/Demob charge of $300 applies to projects billed on hourly rates) $215 Full Day 1,950 Letter Report 300 Map (per day of field work) 350 Field Services (Geophysical Studies: UST, Landfill, Well, Void, UXO, Groundwater) Ground Penetrating Radar, Electromagnetics, Magnetics Full Day $2,350 Hourly Rate (A Mob/Demob charge of $325 applies to projects billed on hourly rates.) 265 Seismic (Refraction, MASW, Downhole/Crosshole), Resistivity (Sting, Standard, Wenner 4-Pin) Full Day $3,000 Hourly Rate (A Mob/Demob charge of $550 applies to projects billed on hourly rates.) 325 Seismic ReMi One Line $1,500 Each Additional Line 300 For Pavement/Requires Drilling 300 Project Management Senior Project Manager $158* Project Manager 118* Administrative Assistant 63* Travel and Miscellaneous Pick Up $51/hr* Travel Time Hourly Rate (or $125/hr beyond 2 hours from San Diego for Geophysical Crews)* Per Diem (variable, depending on location) Quote Prevailing Wage Hourly Surcharge for Technicians and Inspectors per California Labor Code §720, et. Seq Quote Overtime and Saturday Rate 1.5 x Regular Hourly Rate Sunday and Nationally Recognized Holiday Rate (including the day after Thanksgiving) 2 x Regular Hourly Rate Rush Surcharge Normal Rate plus 50% Specialty Equipment Surcharge Quote 58 of 252 SCST:, LL ' SC!!FfLJLF OF FFFS FOP PROFESSIONAL SERVICES CONT. LABORATORY TESTS Soil and Aggregate California Bearing Ratio (ASTM D854) $418 California Impact (Cal 216) 206 Chloride Ion Testing (Cal 422) 150 Clay Lumps in Aggregate (ASTM C142) 150 Cleanness Value (Cal 227) 200 Consolidation (ASTM D2435) 200 Corrosivity Testing (Soluble Chlorides and Sulfates, pH and Resistivity) 187 Crushed Particles (Cal 205, ASTM D693) 150 Direct Shear (ASTM D3080) 260 Durability Factor (Cal 229, ASTM D3744) 97 Durability Index (Cal 229, ASTM D3744) 224 Expansion Index (ASTM D4289) 177 Fine Aggregate Angularity (AASHTO T304) 200 Fineness Modulus (ASTM C136) 24 Flat & Elongated Pieces (ASTM D4791) 175 Light Weight Pieces (ASTM C123) 175 Liquid Limit (Cal 204, ASTM D4318) 75 Los Angeles Abrasion - 1 1/2" and smaller (Cal 211, ASTM C131) 224 Maximum Density Check Point (ASTM D698/D1557) 88 Maximum Density/Optimum Moisture-4" (ASTM D698, D1557) 200 Maximum Density/Optimum Moisture — 6" (ASTM D698, D1557) 220 Minimum Density (ASTM D1556) 74 Moisture Content (Cal 226, ASTM C566, ASTM D2216) 35 Natural Density - Chunk Sample (ASTM D2937) 41 Natural Moisture/Density Ring or Core Sample (ASTM D2937) 35 Organic Impurities (Cal 213, ASTM C40) 90 Organic Matter (ASTM D2974) 75 Percent Finer than #200 (ASTM C117, ASTM D1140) 70 Permeability Remold Sample (ASTM D2434) 200 Permeability Remold Sample (ASTM D5084) Quote Permeability Undisturbed Sample (ASTM D5084) Quote Petrographic Analysis (Cal 215, ASTM C295) Quote pH & Resistivity (Cal 643, ASTM G51) 126 Plasticity Index (Cal 204, ASTM 4318) 127 Potential Reactivity (ASTM C289) 220 Residual Shear (ASTM D6467) 442 Rock Correction (ASTM D4718) 26 R-Value (Cal 301, ASTM D2844) 276 Sand Castle Test (USACE) 195 Sand Equivalent (Cal 217, ASTM D2419) 88 Sieve Analysis (ASTM C136, ASTM D6913, Cal 202) 110 Sieve Analysis with Hydrometer (Cal 203, ASTM D422) 200 Soil Cement Compression Strength (Cal 312, ASTM D1633) 50 Soil Cement Cylinder Fabrication (Cal 312, ASTM D1632) 100 Soluble Chlorides (Cal 422) 62 Soluble Sulfate (Cal 417) 62 Soundness 5 Cycles (Cal 214, ASTM C88) 375 Specific Gravity Coarse Aggregate (Cal 206, ASTM C127) 115 Specific Gravity Fine Aggregate (Cal 207, ASTM C128) 115 Triaxial Shear Consolidated - Undrained (ASTM D4767) Quote Triaxial Shear Unconsolidated - Undrained (ASTM D2850) Quote Triaxial Staged Consolidated - Undrained (ASTM D4767) Quote Triaxial Staged Unconsolidated - Undrained (ASTM D2850) Quote Unconfined Compression (ASTM D2166) 162 Unit Weight Aggregate (Cal 212, ASTM C29) 80 59 of 252 SCST, LLC SCHEDULE OF FEES FOR P" nFESSIONAL SERVICES CONT. Asphalt Concrete Asphalt Core Specific Gravity (Cal 308, ASTM D2726 $58 Asphalt Core Specific Gravity Waxed (Cal 308, ASTM D1188) 74 Emulsion Content (CTM 382) 178 Film Stripping (Cal 302) Quote Gyratory Compacted Maximum Specific Gravity (AASHTO T312) 350 Hamburg Wheel - Plant Produced HMA (AASHTO T324/Cal-Trans Section 39) 900 Hveem - Maximum Bulk Specific Gravity (Cal 308) 300 Hveem & Stabilometer Value (Cal 366) 400 Ignition Oven Correction Factor (AASHTO T308) 250 Ignition Oven Degradation Factor (AASHTO T308) 250 Marshall Density, Stability & Flow (ASTM D6927) 400 Marshall Density (ASTM D6926) 300 Moisture Content of Asphalt Mixtures Using Microwave (Cal 370) 50 Moisture Vapor Susceptibility (Cal 307) Quote Optimum Bitumen Content (AASHTO R35/Cal 367) 3,100 Percent Bitumen Asphaltic Concrete (Cal 382, ASTM D6307) 180 Residue by Evaporation (Cal 331) 178 Rice - Maximum Theoretical Specific Gravity AC (Cal 309, ASTM D2041) 133 Sieve Analysis - Extracted Aggregate (Cal 382, ASTM D5444) 90 Stability and Flow (ASTM D1559) 350 Stabilometer Value (Cal 366) 350 RAP Testing - Fractionated (ASTM D2172/AASHTO T308/Cal-Trans Section 39 Quote RAP Testing - Not Fractionated (ASTM D2172/AASHTO T308/Cal-Trans Section 39) Quote Tensile Strength Ratio - Plant Produced HMA (AASHTO T283) 900 Wet Track Abrasion (ASTM D3910) 185 Concrete 2X2 Cube Compression $27 Concrete Core Compression (ASTM C42) 59 Concrete Cylinder Compression (Cal 521, ASTM C39) 27 Flex Beam Modulus of Rupture (Cal 523, ASTM C78) 74 Modulus of Elasticity (Cal 522, ASTM C469) 261 Shotcrete Mockup Panel (ASTM C1140) 1,040 Shotcrete Panel, 3 Cores - Compression (CBC) 290 Shrinkage - Hardened Concrete (ASTM C157 - Modified) 371 Split Tensile, Concrete Cylinder (ASTM C496) 74 Time of Set (ASTM C403) 200 Trial Batch Fabrication (ASTM C192) 298 Unit Weight, Hardened Concrete (ASTM C642) 45 Unit Weight, Lightweight Concrete (ASTM C567) 59 Masonry Absorption Block (ASTM C140) $115 Compression Adobe 155 Compression Block, Standard (ASTM C140) 150 Compression, Brick (ASTM C67) 115 Efflorescence Block 175 Efflorescence, Brick (ASTM C67) 175 Grout Prism Compression (ASTM C1019) 27 Masonry Core Compression (ASTM C42) 51 Masonry Core Shear (CBC 2105A.4) 95. Masonry Prism Compression (ASTM E447) 150 Mortar Bond Strength - Pull Test (ASTM C482) 62 Mortar Cylinder Compression 27 Mortar Shear Strength (ANSI 118) 53 60 of 252 SCST, LLC SCHEDULE OF FEES FOR PROFESSIONAL SERVICES CONT. Masonry - Continued Relative Mortar Strength (Cal 515) $850 Shrinkage - Masonry Block (ASTM C426) . 250 Trial Grout Prisms (ASTM C942) 38 Water Retention and Air Content (ASTM C270) 470 Metal Bolt Assembly - Hardness Test $74 Bolt Assembly - Tensile & Proof Load Test 125 Modulus of Elasticity (Steel) 146 Post -Tension Tendon Tensile Testing 185 Tensile Strength & Bend Test, Reinforcing Steel (ASTM A615/A706) 125 Tensile Strength #14 - #18 Bar (ASTM A615) Quote Tensile Strength - Mechanical Splices #9 and Smaller (Cal 670) Quote Tensile Strength - Mechanical Splices #10 to #14 (Cal 670) Quote Tensile Strength - Mechanical Splices #18 (Cal 670) Quote Tensile Strength and Bend Test, Structural Steel (ASTM A370) 180 Miscellaneous Fire Proofing Density Test (ASTM E605) $69 Fiber Reinforced Polymer, Tensile (ASTM D3039) 520 Material Preparation 70/hr Relative Humidity Test (ASTM F2170) 80/kit Concrete Vapor Emission Kits (ASTM F1869) 72/kit Test Chamber and Water Spray Rack (ASTM E1105) 275/hour Miscellaneous Charges Various Default Expense Various TERMS AND CONDITIONS All field services will be charged portal to portal with the following minimum charges: • A two-hour show -up charge will be applied to any service canceled the same day of service. • The client will be invoiced only for the hours actually worked in 4 and 8 hour increments. • Work in excess of eight hours up to twelve hours in a single day, will be charged in one -hour increments at 1.5 times the standard rate. • Work in excess of twelve hours in a day will be charged in one -hour increments at 2.0 times the standard rate. Work performed by field or laboratory personnel outside of normal business hours (6:30 AM — 5:00 PM) will be charged a premium on a case -by -case basis. Reimbursables: SCST reserves the right to charge for services outside of the contract in the form of reimbursables. These items include, but are not limited to, the following consumables: diamond coring bits, fuel, patching materials, mileage, travel time, equipment rental and administrative time. Subcontracted services that are included on the Fee Schedule will be charged at those rates. Subcontracted services not included in our Fee Schedule will be charged at cost. Per Diem charges will be applied to projects outside a 50-mile radius of our office. Mileage will be charged at the rate of 54.4 cents per mile for distances over 50 miles from the location of dispatch. Invoices for all services completed or in progress will be submitted monthly. These invoices are due in full upon presentation to the client. Our professional engineering, geology, and inspection services are performed in accordance with the current standards of practice in the industry. No other warranty or representation, express or implied, is made or intended. Certification of Costs: I, the undersigned, certify to the best of my knowledge and belief that all costs identified in our Schedule of Fees are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and conditions. Furthermore, I acknowledge that "mark-ups" for sub -consultant services will not be accepted. Name: John Kirschbaum, PE Title: President & C00 Signature: % .tr/o.,_ _ Date: March 30, 2020 Celebrating 60 Years! 61 of 252 RESOLUTION NO. 2020 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, 1) AUTHORIZING THE MAYOR TO EXECUTE A THREE-YEAR AGREEMENT WITH ATLAS TECHNICAL CONSULTANTS, LLC FOR A NOT -TO -EXCEED AMOUNT OF $2,000,000 TO PROVIDE ON -CALL PROJECT SUPPORT SERVICES FOR NATIONAL CITY'S CAPITAL IMPROVEMENT PROGRAM (CIP), INCLUDING, BUT NOT LIMITED TO, GEOTECHNICAL AND SOILS AND MATERIALS TESTING; AND 2) AUTHORIZING THE CITY MANAGER TO EXECUTE ANY PROJECT -SPECIFIC SUPPLEMENTAL AGREEMENTS, AS MAY BE REQUIRED FOR GRANT FUNDED PROJECTS WHEREAS, National City's ("City") Capital Improvement Program ("CIP") estimates approximately $80 million in Capital Improvement Projects needs over the next five years to include corridor enhancements for traffic calming, pedestrian / bicycle safety (including Americans with Disabilities Act compliance) and smart growth redevelopment; road diets and complete streets; safe routes to school; traffic signal modifications; new street lights; sewer replacement and upsizing; storm drain improvements and implementation of Low - Impact Development ("LID") measures for treatment of urban storm water runoff; drought tolerant landscaping; facilities improvements; and park amenities; and WHEREAS, in order to successfully design, manage and construct these projects, the Engineering & Public Works Department advertised a Request for Qualifications ("RFQ") for various engineering, architectural and construction support services on May 1, 2019; and WHEREAS, the RFQ was advertised on the City's website, published in the San Diego Union Tribune, e-mailed to over 100 professional consulting firms and also advertised on PlanetBids where over 400 firms were notified; and WHEREAS, the City also hosted an Information Session regarding the RFQ process on May 14, 2019 at the Martin Luther King Jr. Community Center, which was attended by over 100 people; and WHEREAS, the City received 71 Statement of Qualifications ("SOQs") from various firms by the June 10, 2019 deadline and reviewed, taking into consideration, among other things, past performance history, knowledge of the environment, the type of services offered, and the cost to the City; and WHEREAS, based on their SOQ, interview, qualifications, and past performance, staff recommends Executing a three-year Agreement with Atlas Technical Consultants, LLC with the option to extend for two, one (1) year extensions for a not -to -exceed amount of $2,000,000 to provide on -call project support services for National City's Capital Improvement Program ("CIP"), including, but not limited to, geotechnical and soils and materials testing; and 62 of 252 Resolution No. 2020 - Page Two WHEREAS, in addition, staff recommends authorizing the City Manager to execute any project -specific supplemental agreements, as may be required for grant funded projects. NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby authorizes the Mayor to Execute a three-year Agreement with Atlas Technical Consultants, LLC with the option to extend for two, one (1) year extensions for a not -to -exceed amount of $2,000,000 to provide on -call project support services for National City's Capital Improvement Program ("CIP"), including, but not limited to, geotechnical and soils and materials testing. Said Agreement is on file in the office of the City Clerk. BE IT FURTHER RESOLVED, that the City Council hereby authorizes the City Manager to execute any project specific supplemental agreements as may be required for grant funded projects. PASSED and ADOPTED this 1st day of September, 2020. Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones, City Attorney 63 of 252 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City: 1) authorizing the Mayor to execute a three-year Agreement with Leighton Consulting, Inc. for a not -to -exceed amount of $2,000,000 to provide on -call project support services for National City's Capital Improvement Program (CIP), including, but not limited to, geotechnical and soils and materials testing; and 2) authorizing the City Manager to execute any project -specific supplemental agreements, as may be required for grant funded projects. (Engineering/Public Works) Please scroll down to view the backup material. 64 of 252 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 1, 2020 AGENDA ITEM NO.: ITEM TITLE: Resolution of the City Council of the City of National City, 1) authorizing the Mayor to execute a three- year Agreement with Leighton Consulting, Inc. for a not -to -exceed amount of $2,000,000 to provide on - call project support services for National City's Capital Improvement Program (CIP), including, but not limited to, geotechnical and soils and materials testing; and 2) authorizing the City Manager to execute any project -specific supplemental agreements, as may be required for grant funded projects. PREPARED BY:Tirza Gonzales, Management Analyst IIdDEPARTMENT: Engineers & Public Works PHONE: 619-336-4318 APPROVED BY: EXPLANATION: See staff report. FINANCIAL STATEMENT: APPROVED: FINANCE ACCOUNT NO. APPROVED: MIS Funds are appropriated in various CIP accounts for FY 2021; funding for subsequent fiscal years is dependent on future CIP appropriations as part of annual budget and/or future grant awards ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION n FINAL ADOPTION ❑ STAFF RECOMMENDATION: Adopt Resolution executing an Agreement with Leighton Consulting, Inc. for a not -to -exceed amount of $2,000,000 to provide on -call project support services for National City's CIP. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Explanation 2. Agreement 3. Resolution 65 of 262 Explanation: National City's Capital Improvement Program (CIP) estimates approximately $80 million in capital needs over the next five years. Projects include, for example, corridor enhancements for traffic calming, pedestrian / bicycle safety (including Americans with Disabilities Act compliance) and smart growth redevelopment; road diets and complete streets; safe routes to school; traffic signal modifications; new street lights; sewer replacement and upsizing; storm drain improvements and implementation of Low - Impact Development (LID) measures for treatment of urban storm water runoff; drought tolerant landscaping; facilities improvements; and park amenities. In order to successfully design, manage, and construct these projects, the Engineering & Public Works Department advertised a Request for Qualifications (RFQ) for various engineering, architectural, and construction support services on May 1, 2019. Additional services requested via the RFQ include, for example, plan and map reviews, preparation of plat and legal descriptions, sewer system management and financial administration, housing and real estate development services, Building Department support services, and environmental compliance involving storm water, wastewater and hazardous materials. The RFQ was advertised on the City's website, published in the San Diego Union Tribune, e-rnailed to over 100 professional consulting firms, and also advertised on PlanetBids where over 400 firms were notified. Additionally, the City hosted an Information Session regarding the RFQ process on May 14, 2019 at the MLK Jr. Community Center, which was attended by over 100 people. The Department received 71 Statement of Qualifications (SOQs) from various firms by the June 10, 2019 deadline. Copies of the SOQs received are available in the Office of the City Engineer. Based on the strength of their SOQ, interview, and past performance, staff recommends executing a three-year Agreement (with the option to extend for two, one year extensions) with Leighton Consulting, Inc. for a not -to -exceed amount of $2,000,000 to provide on -call project support services for National City's CIP, including, but not limited to, geotechnical and soils and materials testing. See Exhibit "A" for general scope of work and Exhibit "B" for schedule of fees. Services will be provided "as -needed" based on available funding and capital priorities. In addition, staff recommends authorizing the City Manager to execute any project - specific supplemental agreements, as may be required for grant funded projects. These supplemental agreements would reference the terms and conditions of the attached master on -call Agreement, while incorporating additional project -specific grant requirements for use of consultant support services. Authorization to accept and appropriate grant funds, and execute grant agreements with the awarding agency (e.g. Caltrans, SANDAG, etc.) would still require separate City Council action. 66 of 252 AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND LEIGHTON CONSULTING, INC. THIS AGREEMENT is entered into on this 1st day of September, 2020, between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and LEIGHTON CONSULTING, INC., a California corporation (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide on -call project support services for National City's Capital Improvement Program (CIP); WHEREAS, on May 1, 2019, the Engineering & Public Works Department advertised a Request for Qualifications (RFQ) for on -call project support services for National City's CIP; WHEREAS, on June 10, 2019, the CONSULTANT submitted a Statement of Qualifications (SOQ) in response to the RFQ, consistent with the requirements of the RFQ; WHEREAS, the CITY has determined that the CONSULTANT is a geotechnical, soils and materials testing firm; and WHEREAS, based on evaluation of the CONSULTANT SOQ and interview, the CITY has determined that the CONSULTANT is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CITY agrees to engage the CONSULTANT to provide on -call CIP project support services for the CITY, and the CONSULTANT agrees to perform the services set forth here in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services shall be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement will become effective on September 1, 2020. The duration of this Agreement is for the period of September 1, 2020 through August 31, 2023. This Agreement may be extended by mutual agreement upon the same terms and conditions for an additional one (1) year term. The Parties may exercise up to two one-year extensions. Any extension of this Agreement must be approved in writing by the City Council. 67 of 252 3. SCOPE OF SERVICES. The CONSULTANT will perform services as set forth in the attached Exhibit "A", including, but not limited to, geotechnical and soils and materials testing. The CONSULTANT will be expected to submit proposals for individual task orders in a timely manner, consistent with the general scope of services described in Exhibit "A". Task order proposals shall include a detailed scope of work, schedule of deliverables, and a "not -to - exceed" cost estimate. The Project Coordinator will issue a Notice to Proceed upon approval of each individual task order. After issuance of a Notice to Proceed for each individual task order, the CONSULTANT will only receive compensation for actual work performed, on a time -and - materials basis, consistent with the detailed scope of work, and within the limits of the "not -to - exceed" cost estimate. The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services. 4. PROJECT COORDINATION AND SUPERVISION. The City Engineer/Director of Public Works hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Mike Jensen, CEG, thereby is designated as the Project Director for the CONSULTANT. 5. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A" shall not exceed $2,000,000. The compensation for the CONSULTANT' s work shall not exceed the rates set forth in Exhibit "B".The CITY will not accept CONSULTANT "mark-ups" for services provided by SUBCONSULTANTS. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A", as determined by the CITY. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred, and shall make such materials available at its office at all reasonable times during the tenn of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY, and for furnishing of copies to the CITY, if requested. 6. ACCEPTABILITY OF WORK. The CITY shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement, and the amount of compensation due. In the event the CONSULTANT and the CITY cannot agree to the quality or acceptability of the work; the manner of performance and/or the compensation -payable to the CONSULTANT -in this Standard Agreement Page 2 of 12 City of National City and Revised May 2019 Leighton Consulting, Inc. 68 of 252 Agreement, the CITY or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the CITY shall each prepare a report which supports their position and file the same with the other party. The CITY shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT. 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications, and other documents prepared by the CONSULTANT for this project, whether paper or electronic, shall: (1) be free from defects; (2) become the property of the CITY for use with respect to this project; and (3) shall be turned over to the CITY upon completion of the project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CITY, and CONSULTANT thereby expressly waives and disclaims any copyright in, and the right to reproduce, all written material, drawings, plans, specifications, or other work prepared under this Agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon.request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium, or method utilize the CONSULTANT's written work product for the CITY's purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings, or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14, but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of Services of this project, unless otherwise mutually agreed. 8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT's employees are employees of the CITY, and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemploy- ment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement, nor any interest herein, may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or SUBCONSULTANTS, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its SUBCONSULTANT(S) shall require the SUBCONSULTANT(S) to adhere to the applicable terms of this Agreement. Standard Agreement Page 3 of 12 City of National City and Revised May 2019 Leighton Consulting, Inc. [69 of 252 9. CONTROL. Neither the CITY, nor its officers, agents, or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT's employees, except as set forth in this Agreement. The CONSULTANT, or the CONSULTANT's agents, servants, or employees are not in any manner agents, servants, or employees of the CITY. The CONSULTANT and its agents, servants, and employees are wholly independent from the CITY and CONSULTANT's obligations to the CITY are solely prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable state and federal statutes and regulations, and all applicable ordinances, rules, and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT and each of its SUBCONSULTANT(S), shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. CONSULTANT must promptly produce a copy of any such license, permit, or approval to CITY upon request. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 12. STANDARD OF CARE. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT's trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this Agreement, the CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONSULTANT's professional performance or the furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -section will render the CONSULTANT liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. Standard Agreement Revised May 2019 Page 4of12 City of National City and Leighton Consulting, Inc, 70 of 252 13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 14, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONSULTANT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 15. 15. INDEMNIFICATION AND HOLD HARMLESS. To the maximum extent provided by law, the CONSULTANT agrees to defend, indemnify, and hold harmless the City of National City, its officers, officials, agents, employees, and volunteers against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT's negligence, recklessness, or willful misconduct in the performance of this Agreement. CITY will cooperate reasonably in the defense of any action, and CONSULTANT shall employ competent counsel, reasonably acceptable to the City Attorney. The indemnity, defense and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement. Standard Agreement Page 5 of 12 City of National City and Revised May 2019 Leighton Consulting, Inc. 71 of 252 16. EMPLOYEE PAYMENTS AND INDEMNIFICATION. A, PERS Eligibility Indemnification, If CONTRACTOR'S employee(s) providing services under this Agreement claims, or is determined by a court of competent jurisdiction or the California Public Employees Retirement System ("PERS") to be eligible for enrollment in PERS of the CITY, CONTRACTOR shall indemnify, defend, and hold harmless CITY for the payment of any employer and employee contributions for PERS benefits on behalf of the employee as well as for payment of any penalties and interest on such contributions which would otherwise be the responsibility of the CITY. CONTRACTOR's employees providing service under this Agreement shall not: (1) qualify for any compensation and benefit under PERS; (2) be entitled to any benefits under PERS; (3) enroll in PERS as an employee of CITY; (4) receive any employer contributions paid by CITY for PERS benefits; or (5) be entitled to any other PERS-related benefit that would accrue to a CITY employee. CONTRACTOR's employees hereby waive any claims to benefits or compensation described in this Section 16. This Section 16 applies to CONTRACTOR notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary. B. Limitation of CITY Liability. The payment made to CONTRACTOR under this Agreement shall be the full and complete compensation to which CONTRACTOR and CONTRACTOR's officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement, Neither CONTRACTOR nor CONTRACTOR's officers, employees, agents, and subcontractors are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to CITY employees. The CITY will not make any federal or state tax withholdings on behalf of CONTRACTOR. The CITY shall not be required to pay any workers' compensation insurance on behalf of CONTRACTOR. C. Indemnification for Employee Payments. CONTRACTOR agrees to defend and indemnify the CITY for any obligation, claim, suit, or demand for tax, retirement contribution including any contribution to PERS, social security, salary or wages, overtime payment, or workers' compensation payment which the CITY may be required to make on behalf of (1) CONTRACTOR, (2) any employee of CONTRACTOR, or (3) any employee of CONTRACTOR construed to be an employee of the CITY, for work performed under this Agreement. This is a continuing obligation that survives the termination of this Agreement. 17. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Labor Code and all amendments thereto; and all similar State or federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, employees, and volunteers from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. StandardAgivcment Page 6 of 12 City of National City and Revised May 2019 Leighton Consulting, Inc, 72 of 252 18. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its SUBCONSULTANT(S), when applicable, to purchase and maintain throughout the term of this Agreement, the following insurance policies: A. Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence, B. Automobile Insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. C. Commercial General Liability Insurance, with minimum limits of either $2,000,000 per occurrence and $4,000,000 aggregate, or $1,000,000 per occurrence and $2,000,000 aggregate with a $2,000,000 umbrella policy, covering all bodily injury and property damage arising out of its operations, work, or performance under this Agreement. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "project" or "location". The "project" or "location" should be noted with specificity on an endorsement that shall be incorporated into the policy. D. Workers' Compensation Insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT's employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the CITY. Said endorsement shall be provided prior to commencement of work under this Agreement. If CONSULTANT has no employees subject to the California Workers' Compensation and Labor laws, CONSULTANT shall execute a Declaration to that effect. Said Declaration shall be provided to CONSULTANT by CITY. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, officials, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY's Risk Manager, at the address listed in subsection G below, of cancellation or material change. F. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. G. The Certificate Holder for all policies of insurance required by this Section shall be: City of National City c/o Risk Manager 1243 National City Boulevard National City, CA 91950-4397 H. Insurance shall be written with only insurers authorized to conduct business in California that hold a current policy holder's alphabetic and financial size category Standard Agieement Page 7 of 12 City of National City and Revised May 2019 Leighton Consulting, Inc. 73 of 252 rating of not less than A:VII according to the current Best's Key Rating Guide, or a company of equal financial stability that is approved by the CITY's Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent List of Approved Surplus Line Insurers ("LASLI") and otherwise meet rating requirements, I. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONSULTANT does not keep all insurance policies required by this Section 18 in full force and effect at all times during the term of this Agreement, the CITY may treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. J. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. CITY reserves the right to modify the insurance requirements of this Section 18, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. K. If the CONSULTANT maintains broader coverage or higher limits (or both) than the minimum limits shown above, the CITY shall be entitled to the broader coverage or higher limits (or both) maintained by the CONSULTANT. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY. 19. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the Standard Agreement Page 8 of 12 City of National City and Revised May 2019 Leighton Consulting, Inc, 74 of 252 CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONSULTANT's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth. in Section 7. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: Roberto Yano City Engineer/Director of Public Works Engineering & Public Works Department City of National City 1243 National City Boulevard National City, CA 91950-4397 To CONSULTANT: Mike Jensen, CEG Associate Geologist Leighton Consulting, Inc. 3934 Murphy Canyon Rd., Ste B205 San Diego, CA 92123 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. Standard Agreement Revised May 2019 Page 9 of 12 City of National City and Leighton Consulting, Inc. 75 of 252 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. The CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Section 22 by the CONSULTANT. 23. PREVAILING WAGES. State prevailing wage rates may apply to work performed under this Agreement. State prevailing wages rates apply to all public works contracts as set forth in California Labor Code, including but not limited to, Sections 1720, 1720.2, 1720.3, 1720.4, and 1771. Consultant is solely responsible to determine if State prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations. 24. ADMINISTRATIVE PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state, or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. To the extent any exhibits, schedules, or provisions thereof conflict or are inconsistent with the terms and conditions contained in this Agreement, the terms and conditions of this Agreement shall control. Standard Agreement Page 10 of 12 City of National City and Revised May 2019 Leighton Consulting, Inc. 76 of 252 F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Assignment & Assumption of Rights. CONSULTANT shall not assign this Agreement, in whole or in part, to any other party without first obtaining the written consent of CITY. H. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. I. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. The venue for any legal action arising under this Agreement shall be in either state or federal court in the County of San Diego, State of California. J. Audit. If this Agreement exceeds ten -thousand dollars ($10,000), the parties shall be subject to the examination and audit of the State Auditor for a period of three (3) years after final payment under the Agreement, per Government Code Section 8546.7. K. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. L. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. M. Subcontractors or Subconsultants. The CITY is engaging the services of the CONSULTANT identified in this Agreement. The CONSULTANT shall not subcontract any portion of the work, unless such subcontracting was part of the original proposal or is allowed by the CITY in writing. In the event any portion of the work under this Agreement is subcontracted, the subconsultant(s) shall be required to comply with and agree to, for the benefit of and in favor of the CITY, both the insurance provisions in Section 18 and the indemnification and hold harmless provision of Section 15 of this Agreement. Ill Standard Agreement Revised May 2019 Page 11 of 12 City of National City and Leighton Consulting, Inc. 77 of 252 N. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Alejandra SoteIo Solis, Mayor APPROVED AS TO FORM: By: Angil P. Morris -Jones City Attorney LEIGHTON CONSULTING, INC., A CALIFORNIA CORPORATION (Corporation —signatures oft) rporate officers required) By: (Name) Thomas C. Benson, Jr (Print) President and CEO ('Title) By: (Name) 8/19/2020 Alas L77 (Print) (Title) Zo Standard Agreement Page 12 of 12 City of National City and Revised May 2019 Leighton Consulting, Inc. 78 of 252 EXHIBIT A 4 Le)ghton Consult)ng, Inc, A LEIGHTON GROUP COMPANY Roberto Yano, PE Deputy City Engineer City of National City Engineering & Public Works Department 1243 National City Boulevard National City, CA 91950 June 10, 2019 RE: Statement of Qualifications (SOQ) to provide On -Call Project Support Services for National City's Capital Improvement Project (CIP) — Discipline: Geotechnical (includes Soils & Materials Testing) The Request for Qualifications (RFQ) for On -Call Project Support Services for National City's Capital Improvement Project (CIP) advertised May 1, 2019, seeks to position the most competent, highest quality firms on the City's team to help achieve the utmost value with respect to City-wide improvements. In response to this request, we have assembled a team of professionals that meet this goal and respectfully submit our Statement of Qualifications. Our firm looks forward to the potential opportunity of becoming a part of your team. Leighton has long-standing roots in San Diego County, having provided geotechnical engineering services for thousands of projects within County boundaries, including dozens of On -Call contracts for the different municipalities, school districts, and water districts within the County, in addition to SANDAG and Caltrans. Leighton's team, led by the proposed project manager, Mike Jensen, has had the privilege of working with National City as a subconsultant on a dozen improvement projects since 2011. Our assembled team brings more than 30+ years of experience in geotechnical work related to design and construction projects in San Diego County. This extensive local experience gives us a strong comprehension of the City's standards and performance expectations. Our local San Diego office, established in 1979, is located in Kearny Mesa adjacent to the 1-15. We provide a local management team with experience and autonomy. Leighton has a deep bench of California licensed Geotechnical Engineers (GEs), Professional Engineers (PE), Professional Geologist (PGs) and Certified Engineering Geologists (CEGs), and also appropriately licensed and experienced field and laboratory staff comprehensively trained and certified for both soils and materials testing and inspection. We are well -staffed, giving us the ability to handle fluctuations in workload. As Senior Vice President of Leighton Consulting, Inc., I, Kris R. Lutton, am authorized to represent the organization. Should you have any questions or need further information during the proposal evaluation period, please do not hesitate to contact either the Project Manager, Mr. Mike Jensen at (858) 300-8494 or at mjensen@leightongroup.com, or myself at (949) 681-4203 or via email at klutton@leightongroup.com. We look forward to working with National City. Respectfully Submitted, LEIGHTON CONSULTING, INC. Kris R. Lutton Senior Vice President 79 of 252 EXECUTIVE SUMMARY Leighton Consulting, Inc. (Leighton) is a collaboration of consulting engineers, geologists, scientists, inspectors, and technicians who provide turnkey geotechnical consulting services across Southern California. Leighton has 58 years of service in the region and a continuous presence in the County of San Diego for more than 35 years. Leighton has established a strong local presence and has built a . successful history with a long list of clients in the area, including the National City (the City), City of San Diego, County of San Diego Public Works, and SANDAG. Since 2011, Leighton has provided National City with Geotechnical services on a variety of different projects including improvements, modernizations, and design and construction of infrastructure, parks, and housing development. The attached Statement of Qualifications (SOQ) will highlight our capabilities and experience which qualify us to continue to serve National City with the exemplary services our clients have come to expect. LEIGHTON'S TEAM We have hand-picked a team of knowledgeable and experienced professionals, all highly skilled in projecting the resources and time needed to bring projects to successful completion and helping the City achieve its goal of avoiding or minimizing costs and schedule delays. Our team's project manager, Mike Jensen, has more than 21 years of experience in Quality Assurance testing and geotechnical work related to the design and construction of highway and bridge projects in San Diego County. 100% of Leighton's professional personnel hold college degrees, many with post graduate degrees. The City can contract with Leighton in confidence that our personnel have the technical education, training, and experience to provide sound engineering solutions. Our proposal team, based primarily in San Diego, has a combined 100+ years of local experience including facilities, highways, roads, and underground pipelines. Leighton's San Diego Team knows San Diego from the coastal bluffs, to the faults, canyons, and soils. This knowledge of San Diego geology and local and state agencies means that Leighton's scope of work will be well defined, meaningful to the project site, and the schedule will be realistic taking in to consideration the anticipated time frames for permitting The key team members presented within this document have an average of 20 years with the company. It is this longevity within our firm that creates an unrivaled internal team history. With this alliance, we are committed to seamlessly become a part of the County team, bringing our 30+ years of experience on public works and capital improvements projects. Leighton Contact Information Mike Jensen, PG, CEG Sr. Project Geologist 858.300.8494 office 619.247.8721 mobile mjensen@leightongroup.com Years of Experience 58 years (Est. 1961) Size of Organization 175 Employees Firm Type CA Corporation Local Office Location .3934 Murphy Canyon Road. Suite B-205 San Diego, CA 92123 Office Locations • San Diego 'Project Office) • Temecula • Irvine • Los Angeles is Rancho Cucamonga ■ Santa Ciarita • Ventura ■ Palm Desert Licenses DIR Registration: 1000007443 Contractors: 858635 (A-HAZ) 4 80 of 252 LEIGHTON'S EXPERIENCE With 58 years of southern California experience, we have an incomparable history and basis for understanding a site's issues and constraints. In this time, we've successfully completed projects up to $1.3 billion in construction value and won over 50 awards for engineering excellence. Leighton is structured and operates in strategically located offices with management autonomy to provide services as needed, along with the backing of our larger corporate resources and personnel strength of over 175 employees. Our services will be mobilized out of our San Diego office with support from our seven other southern California offices, as needed. Our municipal infrastructure experience for cities, local water districts and regional authorities includes geotechnical testing and materials testing support for numerous roadways, reservoirs, pump stations, transmission lines, and other city maintenance and water treatment facilities. We have worked for every city in San Diego County, either directly or indirectly, during construction of infrastructure projects. We have worked with the city engineering and public works to provide pavement sections utilizing geosynthetic materials and project specific recommendation to minimize impacts to existing improvements such as shallow underground utilities which provides costs savings and increases production during construction. We have also recently provided geotechnical services with the Port of San Diego at the Pasha Site, 32nd street Marina, and Pepper Park. Leighton specializes in As -Needed contracts, primarily with large public entities. We have enjoyed building long-term relationships with our many repeat clients —our strength and stability over five decades has allowed us to build a loyal and diverse public and private client base. Some of our local, long-term clients include: Local San Diego County On -Call Contracts Major Southern California On -Call Contracts 114 SI as San Diego Housing Commission San Diego Association of Governments San Diego Metropolitan Transit System Caltrans D11: Construction Management On -Call City of National City, c/o Kimley Horn Associates City of San Diego City of Carlsbad Grossmont-Cuyamaca Community College District Grossmont Union High School District Helix Water District Olivenhain Municipal Water District Padre Dam Municipal Water District San Marcos Unified School District • Metropolitan Water District c/o Carollo ▪ Southern California Edison Company ® City of Los Angeles Dept. of Public Works • City of Los Angeles Harbor Department 11 County of LA, Chief Executive Office • County of LA Department of Public Works • LA Metropolitan Transportation Authority • LA Department of Water and Power • G&M Oil 5 81 of 252 EXPERIENCE & TECHNICAL COMPETENCE A. DISCIPLINE: GEOTECHNICAL (INCLUDING SOILS & MATERIALS TESTING) Leighton is accustomed to utilizing all of our resources, whether for technical expertise or schedule demands. Currently, Leighton's project work is a result of 80% repeat clients. We attain such a high percentage of repeat business by meeting design and construction schedules with competent and trained personnel and quality laboratory results. Leighton's local, in-house, and available resources include numerous registered professionals and even more support personnel such as staff engineers, geologists, engineering technicians, inspectors and a CAD operator. An additional 130 resources are available within 60 miles —added to our many local subconsultants, and your projects will not be delayed because of Leighton. We have ample resources to ensure your projects are given the full and prompt attention they require. B. STAFFING PLAN/PERSONNEL Leading the Leighton Team is our Project Manager, Mike Jensen, a Certified Engineering Geologist. Mr. Jensen will approach each task under this contract individually and assign the project teams based upon a foundation of specific knowledge, and project experience, and prior collaborations with National City. Mr. Jensen will be in charge of approving submittals and coordinating with the City, State, and other affected agencies. His broad technical background enables him to effectively deploy our technical bench by keeping our experts focused on tasks at hand by establishing and implementing clear guidelines and objectives. He has repeatedly demonstrated his ability to deliver on time and on budget. Additional details of Mr. Jensen's credentials are provided later in this section (resume) Leighton's team will be available to the City throughout the duration of this contract and assures that an adequate number of qualified professionals will be made available to the City to perform the services proposed. Leighton is staffed with a deep bench of registered/certified engineers, geologists, scientists, inspectors, and technicians located across the southern California region, throughout our seven other office locations. Should the occasion arise that a member of the proposed staff is unavailable, any number of Leighton's bench of registered professionals and field staff can be made available to the city and can quickly mobilize to meet needs. C. ORGANIZATIONAL CHART We have hand-picked a team of knowledgeable and experienced professionals, all highly skilled in projecting the resources and time needed to bring any project, even one with an unforeseen challenge, to its successful completion and help the City achieve its goal of avoiding or minimizing costs and schedule delays. The Organizational Chart on the following page illustrates the structure of our project team, including reporting relationships to the Project Manager and supervision of project team staff. Resumes of staff experience are provided on the pages that follow. 7 82 of 252 EXHIBIT B METHOD $1TEST TRIAXIAL TESTS Unconfined compression strength of cohesive soil 135 (with stress/strain plot, ASTM D2166) Unconsolidated undrained triaxial compression test on cohesive soils 170 (UU, ASTM D2850, USACE Q test, per confining stress) Consolidated undrained triaxial compression test for cohesive soils, 375 (CU, ASTM D4767, USACE R-bar test) with back pressure saturation & pore water pressure measurement (per confining stress) Consolidated drained triaxial compression test (CD, USACE S test), with volume change measurement. Price per soil type below EM 1110-2-1906(X): - Sand or silty sand soils (per confining stress) 375 - Silt or clayey sand soils (per confining stress) 500 - Clay soils (per confining stress) 705 - Three -stage triaxial (sand or silty sand soils) 655 - Three -stage triaxial (silt or clayey sand soils) 875 - Three -stage triaxial (clay soils) 1,235 Remolding of test specimens 65 Leighton I Fee Schedule METHOD $ITEST HYDRAULIC CONDUCTIVITY TESTS Triaxial permeability in flexible -wall permeameter with backpressure 310 saturation at one effective stress (EPA 9100/ASTM D5084, falling head Method C): - Each additional effective stress - Hand trimming of soil samples for horizontal K Remolding of test specimens Permeability of granular soils (ASTM D2434) Soil suction (filter paper method, ASTM D5298) SOIL -CEMENT Moisture -density curve for soil -cement mixtures (ASTM D558) Wet -dry durability of soil -cement mixtures (ASTM D559)' Compressive strength of molded soil -cement cylinder (ASTM D1633)' Soil -cement remolded specimen (for shear strength, consolidation, etc.) 120 60 65 135 400 240 1,205 60 235 ' Compaction (ASTM D558 maximum density) should also be performed — not included in above price METHOD CONSTRUCTION MATERIALS LABORATORY TESTING $ITEST METHOD CONCRETE STRENGTH CHARACTERISTICS Concrete cylinders compression (ASTM C39) (6" x 12") Concrete cylinders compression (ASTM C39) (4" x 8") Compression, concrete or masonry cores (testing only) 56 inch (ASTM C42) Trimming concrete cores (per core) Flexural strength of concrete (simple beam•3rd pl. loading, ASTM C76/CTM 523) Flexural strength of concrete (simple beam -center pl. loading, ASTM C293/CTM 523) Non shrink grout cubes (2 inch, ASTM C109/C1107) Drying shrinkage - four readings, up to 90 days, 3 bars (ASTM C157) Length of concrete cores (CTM 531) 25 22 40 20 85 85 25 400 40 HOT MIX ASPHALT (HMA) Resistance of compacted HMA to moisture -induced damage 2,100 (AASHTO T283/CTM 371) Hamburg Wheel, 4 briquettes (modified) (AASHTO T324) 900 Superpave gyratory compaction (AASHTO T312/ASTM D6925) 350 Extraction by ignition oven, percent asphalt (AASHTO T308/ASTM 150 D6307/CTM 382) Ignition oven correction/correlation values (AASHTO T308/ASTM 1,350 D6307/CTM 382) Extraction by centrifuge, percent asphalt (ASTM 02172) Gradation of extracted aggregate (AASHTO T301ASTM D5444/CTM 202) Stabilometer, S-Value (ASTM 015601CTM 366) Bituminous mixture preparation (AASHTO R30/CTM 304) Moisture content of HMA (AASHTO T329/ASTM D6037/CTM 370) Bulk specific gravity of compacted HMA, molded specimen or cores, uncoated (AASHTO T166/ASTM D2726/CTM 308) Bulk specific gravity of compacted HMA, molded specimen or 55 cores, paraffin -coated (AASHTO T275/ASTM D1188/CTM 308) Maximum density - Hveem (CTM 308) Theoretical maximum density and specific gravity of HMA (AASHTO T209/ASTM D2041/CTM 309) Thickness or height of compacted bituminous paving mixture 40 specimens (ASTM D3549) Wet track abrasion of slurry seal (ASTM D3910) 150 Rubberized asphalt (add to above rates) + 25% 150 135 265 80 60 50 200 130 $!TEST AGGREGATE PROPERTIES Bulk density and voids in aggregates (AASHTO T19/ASTM C29/ CTM 212) 50 Organic impurities in fine aggregate sand (AASHTO T21JASTM C40/CTM 213) 60 LA Rattler -smaller coarse aggregate <1.5" (AASHTO T96/ASTM C131/ 200 CTM 211) LA Rattler -larger coarse aggregate 1-3" (AASHTO T96/ASTM C535/CTM 211) 250 Apparent specific gravity of fine aggregate (AASHTO T84/ASTM C128/ 130 CTM 208) Clay lumps, friable particles (AASHTO T112/ASTM C142) 175 Durability Index (AASHTO T210/ASTM D3744/CTM 229) 200 Moisture content of aggregates by oven drying (AASHTO T255/ 40 ASTM C566/CTM 226) Uncompacted void content of fine aggregate (AASHTO T304/ 130 ASTM C1252/ CTM 234) Percent of crushed particles (AASHTO T335/ASTM D5821/CTM 205) 135 Flat & elongated particles in coarse aggregate (ASTM D4791/CTM 235) 215 Cleanness value of coarse aggregate (CTM 227) 210 Soundness, magnesium (AASHTO T104/ASTM C88!CTM 214) 225 Soundness, sodium (AASHTO T104/ASTM C88/CTM 214) 650 MASONRY Mortar cylinders (2" by 4", ASTM C780) Grout prisms (3" by 6", ASTM C1019) Masonry cores compression, <_6" diameter (testing only, ASTM C42) Masonry core -shear, Title 24 (test only) Veneer bond strength, cost for each (5 required, ASTM C482) CMU compression to size 8" x 8" x 16" (3 required, ASTM C140) CMU moisture content, absorption & unit weight (6 required, ASTM C140) CMU linear drying shrinkage (ASTM C426) CMU grouted prisms (compression test 58" x 8" x 16", ASTM C1314) CMU grouted prisms (compression test> 8" x 8" x 16", ASTM C1314) BRICK Compression (cost for each, 5 required, ASTM C67) 25 25 40 80 55 45 40 175 180 250 40 Fee/2019 www.leightongroup.com PAG 83 of 252 METHOD $/TEST REINFORCING STEEL Rebar tensile test up to s No. 10 bars (ASTM A370) Rebar tensile test > No. 10 bars <— No. 17 (ASTM A370) Rebar bend test, up to <_ No. 10 bars (ASTM A370) Rebar bend test > No. 10 bars <— No. 17 (ASTM A370) Epoxy coated rebar/dowel film thickness (coating) test (ASTM A775) Epoxy coated rebar/dowel continuity (Holiday) test (ASTM A775) Epoxy coated rebar flexibility/bend test, up to No. 11 (ASTM A775) Tensile strength, . 100,000 pounds axial load (ASTM A370) Prestressing wire, tension (ASTM A416) Sample preparation (cutting) Resistance butt -welded hoops/bars, up to No. 10 (CTM 670) Post -tensioned bars (ASTM A772) 45 100 45 150 45 65 55 45 150 50 180 420 Leighton I Fee Schedule METHOD $/TEST SPRAY APPLIED FIREPROOFING Unit weight (density, ASTM E605) 60 BEARING PADS/PLATES AND JOINT SEAL Elastomeric bearing pads (Caltrans SS 51-3) 990 Elastomeric bearing pad with hardness and compression tests 1230 (Caltrans SS 51-3) Type A Joint Seals (Caltrans SS 51-2) 1620 Type B Joint Seals (Caltrans SS 51-2) 1530 Bearing plates (A536) 720 STREET LIGHTS/SIGNALS 100W HPS Lighting (Caltrans RSS 86) SAMPLE TRANSPORT Pick-up & delivery (weekdays, per trip, <50 mile radius from Leighton office) 1296 $/TRIP 90 1/4 inch Grab plates 1/4 inch Tubing (bonded) 1/4 inch Tubing (single) 3/8 inch Tubing, clear vinyl 4-Gas meter (RKI Eagle or similar)/GEM 2000 Air flow meter and purge pump (200 cc/min) Box of 24 soil drive -sample rings Brass sample tubes Caution tape (1000-foot roll) Combination lock or padlock Compressed air tank and regulator Concrete coring machine (56-inch-dia) Consumables (gloves, rope, soap, tape, etc.) Core sample boxes Crack monitor Cutoff saws, reciprocating, electric (Sawzall®) Disposable bailers Disposable bladders Dissolved oxygen meter DOT 55-gallon containment drum with lid Double -ring infiltrometer Dual -stage interface probe Dynamic Cone Penetrometer Generator, portable gasoline fueled, 3,500 watts Global Positioning System/Laser Range Finder Hand auger set HDPE safety fence (s100 feet) Horiba U-51 water quality meter Light tower (towable vertical mast) Magnehelic gauge Manometer EQUIPMENT, SUPPLIES & MATERIALS $/UNIT 5 each 0.55 foot 0.35 foot 0.55 foot 130 day 50 day 120 box 10 each 20 each 11 each 50 day 150 day 35 day 11 each 25 each 75 day 12 each 10 each 45 day 65 drum 125 day 80 day 400 day 90 day 80 day 90 day 40 roll 135 day 150 day 15 day 25 day Mileage (IRS Allowable) Moisture test kit (excludes labor to perform test, ASTM E1907) Nuclear moisture and density gauge Pachometer Particulate Monitor pH/Conductivity/Temperature meter Photo -Ionization Detector (PID) Pump, Typhoon 2 or 4 stage QED bladder pump w/QED control box Quire fee — Phase I only Resistivity field meter & pins Slip / threaded cap, 2-inch or 4-inch diameter, PVC Schedule 40 Slope inclinometer Soil sampling T-handle (Encore) Soil sampling tripod Stainless steel bailer Submersible pump, 10 gpm, high powered Grundfos 2-inch with controller Submersible pump/transfer pump, 10-25 gpm Support service truck usage (well installation, etc.) Survey/fence stakes Tedlar® bags Traffic cones (s25)/barricades (single lane) Turbidity meter Tyvek® suit (each) Vapor sampling box Vehicle usage (carrying equipment) VelociCalc Visqueen (20 x 100 feet) Water level indicator (electronic well sounder) <300 feet deep well ZIPLEVEL® Other specialized geotechnical and environmental testing & monitoring equipment are available, and priced per site $/UNIT 0.58 mile 60 test 88 day 25 day 125 day 55 day 120 day 50 day 160 day 200 each 50 day 15 each 200 day 10 day 35 day 40 day 160 day 50 day 200 day 8 each 18 each 50 day 70 day 18 each 55 day 20 hour 35 day 100 roll 60 day 15 day Fee/2019 www.leightongroup.com PAG • 84 of 252 Leighton I Fee Schedule TERMS & CONDITIONS • Expiration: This fee schedule shall remain fixed throughout the term of the contract. • Proposal Expiration: Proposals are valid for at least 30 days, subject to change after 30 days; unless otherwise stated in the attached proposal. • Prevailing Wages: Our fees for prevailing wage work are based upon California prevailing wage laws and wage determinations. Unless specifically indicated in our proposal, costs for apprentice are not included. If we are required to have an apprentice on your project, you will be notified and additional fees will be charged. • Overtime: Standard overtime rate is per California Labor Law and is billed at 1.5 or 2 times their hourly billing rate. Overtime rate for non-exempt field personnel working on a Leighton observed holiday is billed at 2 times their hourly billing rate. Overtime rate for Prevailing wage work is per the California Department of Industrial Relations (DIR) determination and is multiplied at 1.5 to 2 times their hourly billing rate. • Expert Witness Time: Expert witness deposition and testimony will be charged at 2 times hourly rates listed on the previous pages, with a minimum charge of four hours per day. • Minimum Field Hourly Charges: For Field Technicians, Special Inspectors or any on -site (field) materials testing services: 4 hours: 4-hour minimum charge up to the first four hours of work 8 hours: 8-hour minimum charge for over four hours of work, up to eight hours. Project time accrued includes portal to portal travel timet. • Insurance & Limitation of Liability: These rates are predicated on standard insurance coverage and a limit of Leighton's liability equal to our total fees for a given project. • Invoicing: Invoices are rendered monthly, payable upon receipt in United States dollars. • Client Disclosures: Client agrees to provide all information in Client's possession about actual or possible presence of buried utilities and hazardous materials on the project site, prior to fieldwork, and agrees to reimburse Leighton for all costs related to unanticipated discovery of utilities and/or hazardous materials. Client is also responsible for providing safe and legal access to the project site for all Leighton field personnel. • Earth Material Samples: Quoted testing unit rates are for soil and/or rock (earth) samples free of hazardous materials. Additional costs will accrue beyond these standard testing unit rates for handling, testing and/or disposing of soil and/or rock containing hazardous materials. Hazardous materials will be returned to the site or the site owner's designated representative at additional cost not included in listed unit rates. Standard turn -around time for geotechnical-laboratory test results is 10 working days. Samples will be stored for 2 months, after which they will be discarded. Prior documented notification is required if samples need to be stored for a longer time. A monthly storage fee of $10 per bag and $5 per sleeve or tube will be applied. Quoted unit rates are only for earth materials sampled in the United States. There may be additional cost for handling imported samples. • Construction Material Samples: After all designated 28-day breaks for a given sample set meet specified compressive or other client -designated strength, all "hold" cylinders or specimens will be automatically disposed of, unless specified in writing prior to the 28-day break. All other construction materials will be disposed of after completion of testing and reporting Fee/2019 www.leightongroup.com PAG 85 of 252 RESOLUTION NO. 2020 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, 1) AUTHORIZING THE MAYOR TO EXECUTE A THREE-YEAR AGREEMENT WITH LEIGHTON CONSULTING, INC. FOR A NOT -TO -EXCEED AMOUNT OF $2,000,000 TO PROVIDE ON -CALL PROJECT SUPPORT SERVICES FOR NATIONAL CITY'S CAPITAL IMPROVEMENT PROGRAM (CIP), INCLUDING, BUT NOT LIMITED TO, GEOTECHNICAL AND SOILS AND MATERIALS TESTING; AND 2) AUTHORIZING THE CITY MANAGER TO EXECUTE ANY PROJECT -SPECIFIC SUPPLEMENTAL AGREEMENTS, AS MAY BE REQUIRED FOR GRANT FUNDED PROJECTS WHEREAS, National City's ("City") Capital Improvement Program ("CIP") estimates approximately $80 million in Capital Improvement Projects needs over the next five years to include corridor enhancements for traffic calming, pedestrian / bicycle safety (including Americans with Disabilities Act compliance) and smart growth redevelopment; road diets and complete streets; safe routes to school; traffic signal modifications; new street lights; sewer replacement and upsizing; storm drain improvements and implementation of Low - Impact Development ("LID") measures for treatment of urban storm water runoff; drought tolerant landscaping; facilities improvements; and park amenities; and WHEREAS, in order to successfully design, manage and construct these projects, the Engineering & Public Works Department advertised a Request for Qualifications ("RFQ") for various engineering, architectural and construction support services on May 1, 2019; and WHEREAS, the RFQ was advertised on the City's website, published in the San Diego Union Tribune, e-mailed to over 100 professional consulting firms and also advertised on PlanetBids where over 400 firms were notified; and WHEREAS, the City also hosted an Information Session regarding the RFQ process on May 14, 2019 at the Martin Luther King Jr. Community Center, which was attended by over 100 people; and WHEREAS, the City received 71 Statement of Qualifications ("SOQs") from various firms by the June 10, 2019 deadline and reviewed, taking into consideration, among other things, past performance history, knowledge of the environment, the type of services offered, and the cost to the City; and WHEREAS, based on their SOQ, interview, qualifications, and past performance, City Staff recommends Executing a three-year Agreement with Leighton Consulting, Inc. with the option to extend for two, one (1) year extensions for a not -to -exceed amount of $2,000,000 to provide on -call project support services for National City's CIP, including, but not limited to, geotechnical and soils and materials testing; and 86 of 252 Resolution No. 2020 - Page Two WHEREAS, in addition, City Staff recommends authorizing the City Manager to execute any project -specific supplemental agreements, as may be required for grant funded projects. NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby authorizes the Mayor to Execute a three-year Agreement with Leighton Consulting, Inc. with the option to extend for two, one (1) year extensions for a not -to -exceed amount of $2,000,000 to provide on -call project support services for National City's CIP, including, but not limited to, geotechnical and soils and materials testing. Said Agreement is on file in the office of the City Clerk. BE IT FURTHER RESOLVED, that the City Council hereby authorizes the City Manager to execute any project specific supplemental agreements as may be required for grant funded projects. PASSED and ADOPTED this 1st day of September, 2020. Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones, City Attorney 87 of 252 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City: 1) authorizing the Mayor to execute a three-year Agreement with Ninyo & Moore Geotechnical & Environmental Sciences Consultants for a not -to -exceed amount of $2,000,000 to provide on -call project support services for National City's Capital Improvement Program (CIP), including, but not limited to, geotechnical and soils and materials testing; and 2) authorizing the City Manager to execute any project - specific supplemental agreements, as may be required for grant funded projects. (Engineering/Public Works) Please scroll down to view the backup material. 88 of 252 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 1, 2020 AGENDA ITEM NO.: ITEM TITLE: Resolution of the City Council of the City of National City, 1) authorizing the Mayor to execute a three- year Agreement with Ninyo & Moore Geotechnical & Environmental Sciences Consultants for a not -to - exceed amount of $2,000,000 to provide on -call project support services for National City's Capital Improvement Program (CIP), including, but not limited to, geotechnical and soils and materials testing; and 2) authorizing the City Manager to execute any project -specific supplemental agreements, as may be required for grant funded projects. PREPARED BY: Tirza Gonzales, Management Analyst IIEPARTMENT: Engineering Public Works PHONE: 619-336-4318 EXPLANATION: See staff report. APPROVED BY: FINANCIAL STATEMENT: APPROVED: - 1G/il FINANCE ACCOUNT NO. APPROVED: MIS Funds are appropriated in various CIP accounts for FY 2021; funding for subsequent fiscal years is dependent on future CIP appropriations as part of annual budget and/or future grant awards ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION ❑ FINAL ADOPTION ❑ STAFF RECOMMENDATION: Adopt Resolution executing an Agreement with Ninyo & Moore Geotechnical & Environmental Sciences Consultants for a not -to -exceed amount of $2,000,000 to provide on -call project support services for National City's CIP. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Explanation 2. Agreement 3. Resolution 89 of 252 Explanation: National City's Capital Improvement Program (CIP) estimates approximately $80 million in capital needs over the next five years. Projects include, for example, corridor enhancements for traffic calming, pedestrian / bicycle safety (including Americans with Disabilities Act compliance) and smart growth redevelopment; road diets and complete streets; safe routes to school; traffic signal modifications; new street lights; sewer replacement and upsizing; storm drain improvements and implementation of Low - Impact Development (LID) measures for treatment of urban storm water runoff; drought tolerant landscaping; facilities improvements; and park amenities. In order to successfully design, manage, and construct these projects, the Engineering & Public Works Department advertised a Request for Qualifications (RFQ) for various engineering, architectural, and construction support services on May 1, 2019. Additional services requested via the RFQ include, for example, plan and map reviews, preparation of plat and legal descriptions, sewer system management and financial administration, housing and real estate development services, Building Department support services, and environmental compliance involving storm water, wastewater and hazardous materials. The RFQ was advertised on the City's website, published in the San Diego Union Tribune, e-mailed to over 100 professional consulting firms, and also advertised on PlanetBids where over 400 firms were notified. Additionally, the City hosted an Information Session regarding the RFQ process on May 14, 2019 at the MLK Jr. Community Center, which was attended by over 100 people. The Department received 71 Statement of Qualifications (SOQs) from various firms by the June 10, 2019 deadline. Copies of the SOQs received are available in the Office of the City Engineer. Based on the strength of their SOQ, interview, and past performance, staff recommends executing a three-year Agreement (with the option to extend for two, one year extensions) with Ninyo & Moore Geotechnical & Environmental Sciences Consultants for a not -to -exceed amount of $2,000,000 to provide on -call project support services for National City's CIP, including, but not limited to, geotechnical and soils and materials testing. See Exhibit "A" for general scope of work and Exhibit "B" for schedule of fees. Services will be provided "as -needed" based on available funding and capital priorities. In addition, staff recommends authorizing the City Manager to execute any project - specific supplemental agreements, as may be required for grant funded projects. These supplemental agreements would reference the terms and conditions of the attached master on -call Agreement, while incorporating additional project -specific grant requirements for use of consultant support services. Authorization to accept and appropriate grant funds, and execute grant agreements with the awarding agency (e.g. Caltrans, SANDAG, etc.) would still require separate City Council action. 90 of 252 AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND NINYO & MOORE GEOTECHNICAL & ENVIRONMENTAL SCIENCES CONSULTANTS THIS AGREEMENT is entered into on this 1st day of September, 2020, between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and NINYO & MOORE GEOTECHNICAL & ENVIRONMENTAL SCIENCES CONSULTANTS (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide on -call project support services for National City's Capital Improvement Program (CIP); WHEREAS, on May 1, 2019, the Engineering & Public Works Department advertised a Request for Qualifications (RFQ) for on -call project support services for National City's CIP; WHEREAS, on June 10, 2019, the CONSULTANT submitted a Statement of Qualifications (SOQ) in response to the RFQ, consistent with the requirements of the RFQ; WHEREAS, the CITY has determined that the CONSULTANT is a geotechnicai, soils and materials testing firm; and WHEREAS, based on evaluation of the CONSULTANT SOQ and interview, the CITY has determined that the CONSULTANT is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CITY agrees to engage the CONSULTANT to provide on -call CIP project support services for the CITY, and the CONSULTANT agrees to perform the services set forth here in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services shall be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2, EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement will become effective on September 1, 2020. The duration of this Agreement is for the period of September 1, 2020 through August 31, 2023. This Agreement may be extended by mutual agreement upon the same terms and conditions for an additional one (1) year term. The Parties may exercise up to two one-year extensions. Any extension of this Agreement must be approved inwriting-by_the.City CQunci.l..—--------..-.-- 91 of 252 3. SCOPE OF SERVICES; The CONSULTANT will perform services as set forth in the attached Exhibit "A", including, but not limited to, geotechnical and soils and materials testing. The CONSULTANT will be expected to submit proposals for individual task orders in a timely manner, consistent with the general scope of services described in Exhibit "A". Task order proposals shall include a detailed scope of work, schedule of deliverables, and a "not -to - exceed" cost estimate. The Project Coordinator will issue a Notice to Proceed upon approval of each individual task order. After issuance of a Notice to Proceed for each individual task order, the CONSULTANT will only receive compensation for actual work performed, on a time -and - materials basis, consistent with the detailed scope of work, and within the Iimits of the "not -to - exceed" cost estimate. The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY, The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services. 4. PROJECT COORDINATION AND SUPERVISION. The City Engineer/Director of Public Works hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Jeffrey Kent, PE, GE, thereby is designated as the Project Director for the CONSULTANT. 5. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed, Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A" shall not exceed $2,000,000. The compensation for the CONSULTANT's work shall not exceed the rates set forth in Exhibit "B".The CITY will not accept CONSULTANT "mark-ups" for services provided by SUI3CONSULTANTS. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A", as determined by the CITY. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred, and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY, and for furnishing of copies to the CITY, if requested. 6. ACCEPTABILITY OF WORK. The CITY shall deckle any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement, and the amount of compensation due. In the event the CONSULTANT and the CITY cannot agree to the quality or acceptability of the ----worl;11h mn r -perkirmanee-ndf r-th comp -en ationpayable to_the-_CONSUL-`I'ANT-inctl is• Standard Agreement Page 2 of 12 City of National City and Revised May 20t9 Minya and Moore 92 of 252 Agreement, the CITY or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the CITY shall each prepare a report which supports their position and file the same with the other party. The CITY shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT. 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications, and other documents prepared by the CONSULTANT for this project, whether paper or electronic, shall: (1) be free from defects; (2) become the property of the CITY for use with respect to this project; and (3) shall be turned over to the CITY upon completion of the project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CITY, and CONSULTANT thereby expressly waives and disclaims any copyright in, and the right to reproduce, all written material, drawings, plans, specifications, or other work prepared under this Agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium, or method utilize the CONSULTANT's written work product for the CITY's purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings, or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14, but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of Services of this project, unless otherwise mutually agreed. S. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturerswith one another. Neither the CONSULTANT nor the CONSULTANT's employees are employees of the CITY, and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemploy- ment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement, nor any interest herein, may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or SUBCONSULTANTS, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its SUBCONSULTANT(S) shall require the SUBCONSULTANT(S) to adhFto_the_ applble_tiif'this.Agreement. .- Standard Agreement Page 3 of 12 City ofNational City and Revised May 2019 Ninyo and Moore 93 of 252 9, CONTROL. Neither the CITY, nor its officers, agents, or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANTS employees, except as set forth in this Agreement. The CONSULTANT, or the CONSULTANT's agents, servants, or employees are not in any manner agents, servants, or employees of the CITY. The CONSULTANT and its agents, servants, and employees are wholly independent from the CITY and CONSULTANT's obligations to the CITY are solely prescribed by this Agreement, 10, COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable state and federal statutes and regulations, and all applicable ordinances, rules, and regulations of the City of National City, whether now in force or subsequently enacted, The CONSULTANT and each of its SUBCONSULl'`ANT(S), shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11, LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, .permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. CONSULTANT must promptly produce a copy of any such license, permit, or approval to CITY upon request. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession, 12. STANDARD OF CARE, A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT's trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT'S employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this Agreement, the CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONSULTANT s professional performance or the furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available, Any failure by the CONSULTANT to use due diligence under this sub -section will render the CONSULTANT liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. Standard Agreement Page 4 of 12 City of National City and Revised May 2019 Nifty() and Moore 94 of 252 13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition, The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein, The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 14, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONSULTANT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 15, 15. INDEMNIFICATION AND HOLD HARMLESS. To the maximum extent provided by law, the CONSULTANT agrees to defend, indemnify, and hold harmless the City of National City, its officers, officials, agents, employees, and volunteers against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT's negligence, recklessness, or willful misconduct in the performance of this Agreement. CITY will cooperate reasonably in the defense of any action, and CONSULTANT shall employ competent counsel, reasonably acceptable to the City Attorney. The indemnity, defense and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the terra of this Agreement. Standard Agreement Revised May 2019 Page 5 of 12 City of National City and Ninyo and Moore 95 of 252 16. EMPLOYEE PAYMENTS AND INDEMNIFICATION. A. PERS Eligibility Indemnification. If CONTRACTOR'S employee(s) providing services under this Agreement claims, or is determined by a court of competent jurisdiction or the California Public Employees Retirement System ("PERS") to be eligible for enrollment in PERS of the CITY, CONTRACTOR shall indemnify, defend, and hold harmless CITY for the payment of any employer and employee contributions for PERS benefits on behalf of the employee as well as for payment of any penalties and interest on such contributions which would otherwise be the responsibility of the CITY. CONTRACTOR's employees providing service under this Agreement shall not: (1) qualify for any compensation and benefit under PERS; (2) be entitled to any benefits under PERS; (3) enroll in PERS as an employee of CITY; (4) receive any employer contributions paid by CITY for PERS benefits; or (5) be entitled to any other PERS-related benefit that would accrue to a CITY employee. CONTRACTOR's employees hereby waive any claims to benefits or compensation described in this Section 16. This Section 16 applies to CONTRACTOR notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary. B. Limitation of CITY Liability. The payment made to CONTRACTOR under this Agreement shall be the full and complete compensation to which CONTRACTOR and CONTRACTOR's officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither CONTRACTOR nor. CONTRACTOR's officers, employees, agents, and subcontractors are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to CITY employees. The CITY will not make any federal or state tax withholdings on behalf of CONTRACTOR. The CITY shall not be required to pay any workers' compensation insurance on behalf of CONTRACTOR. C. Indemnification for Employee Payments, CONTRACTOR agrees to defend and indemnify the CITY for any obligation, claim, suit, or demand for tax, retirement contribution including any contribution to PERS, Social security, salary or wages, overtime payment, or workers' compensation payment which the CITY may be required to make on behalf of (1) CONTRACTOR, (2) any employee of CONTRACTOR, or (3) any employee of CONTRACTOR construed to be an employee of the CITY, for work performed under this Agreement. This is a continuing obligation that survives the termination of this Agreement, 17, WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Labor Code and all amendments thereto; and all similar State or federal acts or laws applicable; and shall indennify, and bold harmless the CITY and its officers, employees, and volunteers from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement, Standard Agreement Itevised May 2019 Page 6 of 12 City ofNationai City and Ninyo and Moore 96 of 252 18. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its SUBCONSULTANT(S), when applicable, to purchase and maintain throughout the term of this Agreement, the following insurance policies: A. Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence, B, Automobile Insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and .hired vehicles. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. C. Commercial General Liability Insurance, with minimum limits of either $2,000,000 per occurrence and $4,000,000 aggregate, or $1,000,000 per occurrence and $2,000,000 aggregate with a $2,000,000 umbrella policy, covering all bodily injury and property damage arising out of its operations, work, or performance under this Agreement. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "project" or "location", The "project" or "location" should be noted with specificity on an endorsement that shall be incorporated into the policy, D. Workers' Compensation Insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT's employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the CITY. Said endorsement shall be provided prior to commencement of work under this Agreement. If CONSULTANT has no employees subject to the California Workers' Compensation and Labor laws, CONSULTANT shall execute a Declaration to that effect, Said Declaration shall be provided to CONSULTANT by CITY. B. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, officials, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY's Risk Manager, at the address listed in subsection G below, of cancellation or material change. F, If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement, In addition, the "retro" date must be on or before the date of this Agreement. G. The Certificate Holder for all policies of insurance required by this Section shall be: City of National City c/o Risk Manager 1243 National City Boulevard National City, CA 91950-4397 H. Insurance shall be written with only insurers authorized to conduct business in California that hold a current policy holder's alphabetic and financial size category Standard Agreement Page 7 of 12 City ofNational City And Revised May 2019 Ninyo and Moore 97 of 252 rating of not less than A:VII according to the current Best's Ivey Rating Guide, or a company of equal financial stability that is approved by the CITY's Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent List of Approved Surplus Line Insurers ("LASLI") and otherwise meet rating requirements. I. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONSULTANT does not keep all insurance policies required by this Section 18 in full force and effect at all times during the term of this Agreement, the CITY may treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein, J. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. CITY reserves the right to modify the insurance requirements of this Section 18, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. K. If the CONSULTANT' maintains broader coverage or higher limits (or both) than the minimum limits shown above, the CITY shall be entitled to the broader coverage or higher limits (or both) maintained by the CONSULTANT. Any available insurance proceeds in excess of the specified minimum Iimits of insurance and coverage shall be available to the CITY. 19. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any ofthe covenants or agreements or any inaccuracies in any of the representations and warranties on the part ofthe other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by ,Final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONSULTANT. During said 60-clay period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C, Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the Standard Agreement Page 8 Of 12 City of National City and Revised May 2019 Ninyo and Moore 98 of 252 CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONSULTANT's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set' forth in Section 7, E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. NOTICE+ S. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: Roberto Yano City Engineer/Director of Public Works Engineering & Public Works Department City ofNational City 1243 National City Boulevard National City, CA 91950-4397 To CONSULTANT: Jeffrey Kent, PE, GE Principal Engineer Ninyo and Moore Geotechnical & Environmental Sciences Consultants 5710 Ruffin Rd. San Diego, CA 92123 Notice of change of address shall be given by written notice in the manner specified in this Section, Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. Standard Agreement Page 9 of 12 Revised May 2019 Ninyo and Moore City of National Cily and 99 of 252 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City ofNational City. The CONSULTANT also' agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. The CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk, The CONSULTANT shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Section 22 by the CONSULTANT. 23, PREVAILING WAGES. State prevailing wage rates may apply to work performed under this Agreement. State prevailing wages rates apply to all public works contracts as set forth in California Labor Code, including but not limited to, Sections 1720, 1720.2, 1720.3, 1720.4, and 1771. Consultant is solely responsible to determine if State prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations. 24. ADMINISTRATIVE PROVISIONS. A, Computation of Tfne Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state, or legal holiday. B, Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions, Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. To the extent any exhibits, schedules, or provisions thereof conflict or are inconsistent with the terms and conditions contained_in_this-Agreement,_the_teims-arid-conditions ofthis -Agreement-shall control. Standard Agreement Revised May 2019 Page 10 of 12 City ofNational City and Ninyo and Moore 100 of 252 F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Assignment & Assumption of Rights. CONSULTANT shall not assign this Agreement, in whole or in part, to any other party without first obtaining the written consent of CITY. H. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. 1. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. The venue for any legal action arising under this Agreement shall be in either state or federal court in the County of San Diego, State of California. J, Audit. If this Agreement exceeds ten -thousand dollars ($10,000), the parties shall be subject to the examination and audit of the State Auditor for a period of three (3) years after final payment under the Agreement, per Government Code Section 8546.7, • K. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby, L, Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. M. Subcontractors or'Subconsultants. The CITY is engaging the services of the CONSULTANT identified in this Agreement, The CONSULTANT shall not subcontract any portion of the work, unless such subcontracting was part of the original proposal or is allowed by the CITY in writing. In the event any portion of the work under this Agreement is subcontracted, the subconsultant(s) shall be required to comply with and agree to, for the benefit of and in favor of the CITY, both the insurance provisions in Section 18 and the indemnification and hold harmless provision of Section 15 of this Agreement. /!/ /1/ !/! Standard Agreement Page 11 of 12 City of National City and Revised May 2019 Nitxyo and Moore 101 of 252 N. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such patty's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Alejandra Sotelo Solis, Mayor APPROVED AS TO FORM: By: Angil P. Morris -Jones City Attorney NINYO AND MOORE GEOTECHNICAL & ENVIRONMENTAL SCIENCES CONSULTANTS (Corporation - sigttahn•es of two cot porate officers required) By: (Name) /vYy /mo b (Print) /2),1J I r/ (Title) By: 6- t-G ' 4/2 (Name) Flame D-s (Print) /IvZ1) 71- - I,/ f //0 (Title) Standard Agreement Page 12 of 12 City or National City and Revised May 2019 Ninyo and Moore 102 of 252 EXHIBIT A N:ny°&Moore Geotechnical & Environmental Sciences Consultants June 10, 2019 Proposal No. 02-01745 Mr. Robert Yano, PE Deputy City Engineer City of National City Engineering & Public Works Department 1243 National City Boulevard National City, California 91950 Subject: Request for Qualifications (RFQ) to Provide On -Call Project Support Services for National City's Capital Improvement Program (CIP) - GEOTECHNICAL SERVICES Dear Mr. Yano: Ninyo & Moore, a California Corporation and certified Minority Business Enterprise (MBE), is pleased to submit this statement of qualifications to the City of National City (City) to provide On -Call Project Support Services for the CIP for the following discipline: • Geotechnical (includes Soils & Materials Testing) Since 1986, Ninyo & Moore has successfully provided services to public agencies throughout San Diego County and Southern California. Over the past 20 years, the City has contracted with Ninyo & Moore to provide geotechnical engineering, materials testing and special inspection, and environmental consulting services, and our team is familiar with the needs and goals of the City. We are proud of our contributions to the growth and development of the City and we hope to continue to be part of the future development. We are confident that our team of professionals is highly -qualified to provide these services and offer National City the following benefits: ✓ HISTORY OF SUCCESS PROVIDING SIMILAR SERVICES: Ninyo & Moore has provided on -call geotechnical and construction materials testing and special inspection services to numerous public agencies throughout San Diego County, including the City of National City, Port of San Diego, Sweetwater Authority, City of Chula Vista, City of San Diego, and County of San Diego. Based on these experiences, our dedicated team is familiar with the unique needs and challenges faced by public agencies with regard to planning, design, engineering, and construction, and have successfully saved clients time and money by leveraging our knowledge gained from past project successes. ✓ SUCCESSFUL APPROACH TO PROVIDING ON -CALL SERVICES: We understand the nature of the work required and the importance of offering a comprehensive range of geotechnical consulting services, in a responsive manner, using project -proven methods. This improves our response time and mobilization of the qualified individuals to execute the task at hand. We have designed our team with maximum flexibility for demanding project requirements including the assignment of concurrent task orders. ✓ RESPONSIVENESS: Ninyo & Moore personnel are experienced and prepared for those projects that are considered emergencies. We are quite accustomed to responding on little to no notice with the ability to staff a project with the properly qualified personnel. Our proposed staff are available for weekend and/or around -the -clock efforts. The core team is also supported by staff in other offices. ✓ EXPERIENCED LEADERSHIP TEAM: Ninyo & Moore's team will be led by Jeffrey T. Kent, PE, GE, Project Manager, with executive support from Principal -in -Charge, Mark Cuthbert, PE. Mr. Kent offers the City 18 years of experience providing geotechnical engineering, construction materials testing, and special inspection throughout Southern California. 5710 Ruffin Road 1 San Diego, California 92123 I p. 858.576.1000 I www.ninyoandmoore.com 4 103 of 252 Mr. Cuthbert has provided executive oversight for thousands of San Diego County projects over his 33 year tenure with Ninyo & Moore and has participated in revisions and updates to the Division of State Architect (DSA) Administrative Code. ✓ RESPONSIVE AND COST-EFFECTIVE - Ninyo & Moore has established and implemented effective management control systems for efficient project administration, and has trained our staff to respond quickly and efficiently to task orders and project situations as they arise in order to meet accelerated project deadlines. With our office located in San Diego, response time to City requests has historically been, and will continue to be, prompt. Ninyo & Moore will be readily available for meetings, job walks, and any other job -related activities. Additionally, Ninyo & Moore has developed flexible management systems, which allow project managers to draw on experienced technical and administrative personnel throughout the company. Clients have commended us for our ability to perform cost effectively within tight schedules, while maintaining technical integrity. Adherence to the short time frames associated with many projects illustrates our team's understanding and dedication to satisfying project requirements in an expedient manner. ✓ QUALIFIED STAFF TO RESPOND TO A VARIETY OF TASKS: Ninyo & Moore has a team of over 450 professionals and has the in-house resources to support this contract throughout its duration. The references we have provided can attest to our responsiveness and quality deliverables. We enthusiastically submit this response to your RFQ, and we look forward to the opportunity to work with the City again. We are available to answer any questions during your evaluation period and we look forward to presenting our experience and qualifications in person. Sincerely, NINYO & MOORE Jeffrey T. Kent, PE, GE Project Manager jkent@ninyoandmoore.com p. 858,576.1000 ext. 11283 JTKJM1C/kej Distribution: (3) Hard Copies; (1) Electronic Submission Mark Cuthbert, PE Principal -in -Charge mcuthbert@ninyoandmoore.com p. 858.576.1000 ext. 11237 Ninyo & Moore I on -Call Project Support Services for National City's CIP - Environmental Services I P02-01745 I June 10, 2019 5 104 of 252 02 I Executive Summary LOCAL FIRM WITH EXTENSIVE KNOWLEDGE OF THE LOCAL ENVIRONMENT Established in San Diego in 1986, Ninyo & Moore has been serving public agencies throughout San Diego since our founding and is proud of the contributions we have made to the various cities and notable projects throughout San Diego County. Ninyo & Moore held an on -call contract with the City from 2009 to 2014 for geotechnical engineering and soils and construction material testing and special inspection. Additionally, Ninyo & Moore has provided services for approximately 400 projects for other public and private entities in National City. As a result of these experiences, we have extensive knowledge of geologic, hydrogeologic, and environmental conditions, and regulatory requirements associated with the requested services. HISTORY OF COMPLETING PROJECTS ON SCHEDULE AND BUDGET Ninyo & Moore has a lengthy history of successful contract management as evidenced by our multiple, concurrent on -call contract awards for public agencies such as the Sweetwater Authority, City of Carlsbad, and City of Chula Vista. These experiences have resulted in schedule and cost savings for our clients, One example of delivering value involved roadway improvements for the City of Carlsbad. Several of the project task orders involved work along roadways that are heavily traveled, especially during morning and afternoon commutes. Services were performed during off- peak hours and utilized limited access equipment to reduce the amount of traffic control used and to lessen the impacts to traffic flow while maintaining the project schedule. EXPERIENCE WITH GRANT MANAGEMENT AND REPORTING Ninyo & Moore has been assisting municipal agencies with accessing funding sources for brownfield projects since 1998. Our activities have included: • Development of brownfield programs • Preparation of US Environmental Protection Agency (EPA) Brownfield Grant proposals • Preparation of Brownfield Inventories • Assistance with EPA's Brownfield program reporting and tracking • Public outreach support and documentation • Leveraging other public and private funding sources, including introducing developers to brownfield site owners to support site cleanup and redevelopment Field investigation with borings using a drill rig Asphalt concrete pavement density testing Jack and bore trenching observation Ninyo & Moore I On -Call Project Support Services for National City's CIP - Geotechnical Services I P02.01745 I June 10. 2019 105 of 252 05 I Experience and Technical Competence Experience and Technical Competence A. Proposed Disciplines of Interest Ninyo & Moore is confident that our team can successfully provide the following services to the City: • Geotechnical (includes Soils & Materials Testing) B and C. Staffing Plan and Team Organization For this on -call services contract, we have carefully assembled a qualified and experienced team, which includes professional geologists, engineering geologists, geotechnical engineers, civil engineers, field technicians, special inspectors, and laboratory technicians. The assigned staff are licensed or certified in their specific disciplines and are fully committed to providing the necessary resources for successful project completion. They bring a combination of strong technical and contract management skills and were selected with specific attention to the anticipated scope of work for the City's CIP Projects. The strength of the Ninyo & Moore team lies in the quality, diversity, and technical experience of the key personnel and staff, and in the personal involvement of the Principals and Project Managers. We maintain our exceptional reputation in the industry by providing high quality technical expertise while meeting difficult work schedules and budgetary goals. This is made possible through our methodical project management approach and our ability to effectively utilize company resources for projects. All work under this contract will be performed by or conducted under the direction and supervision of California -licensed professionals with the experience and capability to oversee such work. Specifically, our Project Manager, Jeffrey T. Kent, will be the licensed professional approving submittals as appropriate and coordinating with the City and other relevant agencies. The existing and anticipated workload of the team is such that we are able to commit the necessary time and resources through the duration of this contract. Assigned staff are thoroughly familiar with the needs of the City relative to servicing on -call contracts. In the following pages, we have provided an organization chart outlining the team roles and flow of communication, followed by a table outlining each individual's credentials and duties, and detailed resumes for each assigned staff member. Using these personnel, we assure the City we have adequate staff and the availability to service the City for this on -call contract. Ninyo & Moore I On -Cap Project Support Services for iNalional City's CIP Geotechnical Services I P02-01745 I June 10. 2019 15 106 of 252 i II IP11 t• • SOILS • Attorbor0 Units, D 43113, 07 ... ..... ....... $ 170 California floating Ratio (0E1 1)1003 $ 200 Chloride and Sulfate 00111dnt, 01' 417 & OT 422 .......... $ 175 'Consolidation, 0 2435, 07,219„ . .. -......... ........... 300 Consolciallori, Hydro-005E1as° only, r) 2432. ....... ..... ..... 150 Oonsolidotion 71ins Rale, I) 2435, GT 219 DIrect Blieor - Remolded, 13 3020 (Arad sheer- Vadfslurbed, I) 3080 Otirebtlity index, C1229 Expansion lade, 71 4829, IBC 154 $ 190 • EX pRPOICt Potential (Metirxi A D L ........... ............ ...... $ 170 • )ectabrio Tonsils and Elorlgatlen Test, I 4032..., $ 200 Nydraullio Conductivity, t) ........... • ..... -...... ........ ..... .„$ 660 ;ttYdrolliolor Analysis, 0 422, 07203 $ 220 iMolisturo, Ash, & Nolte Matter of PoutiOmanIcSolls Moielure Qaly, D 2210, 07 2241.- ..... $1252° Moisture eel Density, .............. ..... L.. ........ ..... ,-$ 45 Pernesh$17, OH, D 2434, CT 220 $ 200 41 and RosIslivitY, OT 643.0 $ 175 Prootor Aerially D1687, 0295, or 215, AASHTO 220 Proctor Dens14i with kook Correction D1557 • 340 R-value, 2344, 07201.1 $ 5 Send Equivalent, 0 2419, OT 217..........„ ............ „ ............ ..... 31272 Sieve Analyski, 13 422, 07;202 non& fieslatvity (A8 5334, IEEE 442) ..... .......... ........ ..... . 926 Tilaxlei Shear, C.D, 475 , T 297.. • Specific Grav4i, 0 El 5 ................ „ . , ............. . si 8111 62°°:5 Sieve Analysts, 200 Wash, D 1140, 01202 7rbxial Sheer, C,V., Opp. pressure, P 4767, 7 2207 per pt..... ....... .,,$ 450 ./Trlaxial Shear, 0.V.,w(pc4piuro, 0 4767,7 2297 3,4) Shos5 ULJ, D 200 4 250 .tJiiciThd Cornpres,ston,p 2165, T ...... ..... ....... $ 180 MASONRY • SdcAlosorPtIon,244ioUr submersion, 6-hr boiling, 7-clay, 0 70 VIM Campmsalen TEIBt, 067 ....... ..... .............. . ........... 55 Stick Efilm, 07-- .......... ........... ......... ...... $ 55 •Iirlok Modulus of Rupturo,p 07 $ t311 Jirlck Molokai) as received; 067 ............. 45 Brisk Bafuratton Goeffluisit C 67... ..$ 'Concrete Block Comprzelon Test, fix 0x16, 0 140 $ 70 Collar* pia* Conformance Packeoe, 90 $ 800 Concrete Block Linour Shilnkage, C 426... ...... . _ ........ $ 200 Concrete Block unit Weight and Abkrpiton, 0 140-- ....... Cores, Compression or Shear Band, CA Code 4 70 ,Masonty 010111, 3x3x6 Os* compression. 029 $ 45 ; ;l'elosonly Mortar, 2x4 oyllnder compression, 0 159 $ 36 Masonry PliSir, tall size, Onpressfon, 01919., ..... . ..... . ........ ........ $ 120 ;.Masoary Prism, Full size, gonnp wag?), 0 19i9 .. .4 200 REINFORCING AND STRUCTU1?Al. STEEL Chemical Analysts, A36, A 015.- , ........ ..... ...$ 13,5 Fireproofing Otiosity Test, 900 7-5, ..$ 90 linKine Test, Rockwell, A 370 $ 80 1410 Strength E1011, Nut & &dor Conformanoa, per assembly, A 326 $ 1.50 Mechanist* apticed Roinjorcing Tensile Toot ACI.. $ 179 PreStrees 6trand {7 wireA 410 $ 170 Relnioldng Tensile or Bend up lo No.11, A 612 & A706 ...$ 75 Oirtictural Steel Tenslie Tout Up to 200,000 ilia, A 370 ..... $ 90 Waled Reinforcing Tens$s Test Up lo No. 11 bare, A01. ...... $ 80 $ 060 $ 300 170 CO NORHTE Compression0omp8IonT4t, 6x12 Cylinder, 0 39 ..... ............. .........„ °wrote MIx Delta Revrev,i, Job Spec Concrete Mix 0481011j per Thal Balch, 6 cylinder, A01.„ ..... ....... 0)ilinte Offea, COlapieSSIall (egdlltle5 aanigilt, 42 • EX EMIT B • 38 300 860 $ 120 Drying 8hrinkage, 0 167 ....... ......... ........ ...... ........... $ 400 Flexural Teel, 0 78 $ . 8.5 Flexural Test 0 293 ..$ Flexural Test, 07 - .. . .... ,...,-„„-„ ,.... ................. $ Ormite/Shotorale, Panels';' .3......... per paneled lost, Ael.... ..... 275 LIghlwalOt comet Fill Compression, 0 406 , PetrograrticAnc09, . ..... ................. ..... 2,000 Restrained Exparbon of Shrinkag"-i; C0;pensalion, ..... ..... 450 SOHN Tomb Stength, ........ ........... + 100 2x6 Grout, (01.6M), (40 ... ..... ............... ........ ct 2x2x2 Ron-ShrInk Greet 0 ............. ASPHALT Air Voids, 7269 85 Asphalt MIx Design, Collars (Int Aggregate Qually)., ............... Asphalt* Design Review, Job Spe0.-.„. ....... ...... ................. Dust Proportioning, cr ..... _ .„ „.. ..... Extraction, % Asphalt, Including ...382 ........... $ 25 Extraction, % Asphalt without Gradation, D2172, 073e2 $ Film Strippin' ._........... g, 07002 ... . . . $ FNeett Stability and Unit............. ...... CT 300 •4 2 Marshall Stability, Flow and L1'111)111°0, ...... ....... .„ ; Maximum Theorelfcat Unit Weight, 2041, 07 ..... MoislOre °ordeal, CT 370.. Moisture Suscoptittlity and Tensile Stress Ralir.47 236, OT 371 Slurry Wet l'rack Abrasion, 0 3910.. Supernova, Asphalt Mix VorillcatIon {Incl. Aggregate Quality)... ...... ...„. SilPeinavo, Gyratoyyn5Wt,,T 312 $npenrams, W11(4191,213,000 passes, T .......... .„ . UnItWeight sample or oore, D 2726, CT 308, .......... .... ....... Voids la Mineral Aggregate, (VMA) GT LP-2 OQ Voids Ned wIthAsphall, (VFA) CT I.P.3 4,(114 VVax Densike, o 1188. . . ....... ..... AGGREGATES • Clay Lumps and Friable Particles, 0 142 Clean nes,.s Vatue, CT 227 Crushed Parties, 01206 Durabilay, Come or Pine, GT 229 Fine Aggiegato Angularly, ASTM C 1252,7 ao4,9r234 Flat and Elongated Porliolo, D 4791 LiOtweightPartiofes, C 123-- . .6. ....... ...... ............ Los Angeles Abrasion, 0 131 or ..23. ... .. .. ..... ..... Material Flour than We, 200 Slew by Washing, ....... „.. Organic Impurities, 0 40 - Potential Alkali Reactivity, Mortar Bar Me61011, CosIs,01280....47 Potential Alkali Reactivity, Mortar Bar Method, Fine, 0 12160. ..... .. Potential Reactivity of AggregaleCbomlssl Moihodi, G 289.. Sand Equivalent, 7176, 07217 „ . ... „ ...... ,,„ .. Sieve Analysis, Conrso Aggregate, T 27, 133 ... ........... ...... Sieve Analysis, Fine Auyroto (trickagng wash), 727,0 ....... Gudrun-) Buffoto Sagndneus, ...... .... . ... ..... ....... .....$ Specific Gravity and Absorption, Coarse, Q 127, QT 260 Speoilto Gravity and Absorption, Fine, 0 126, CT 207 .„,.. ........... , ....... ....$ ROOFING Rooting Tile Absorption, (sot of 5), 0 67 ......... . ; ....... ..... Roolln0 11106trongth Test, (sot 018), 0 07 „-...... .... : ............. pecial preparation of utailard test specimens will Po chewed at Iho tochnIcian's hourly rate. frya&Atorsilsomodlted.tct.parlons.t1hisASEVO_equivalent of inany.ASTM test procedures, Nlayo & MOON I 20191.4oratoryTnattrw ... •., •1 1 07 of 252 .~Local Assistante nts ProCedfAres Manuel •Consuf ant Nfirt & Moore l Project No. Cis/ o Hatt -anal City -On -Ca -If Services E:iFHIRIT 10-E:2 Cost Proposal .. IMMO 1€ 4t2 COST PROPOSAL Page.i df:3~ SPECIFIC RATE OF COI4ifiSAT[ON (USE FOR ON -CALL OR NjEDED CONTRACTS) (NON-FREVAIU NG WAGE CONSTRUCTION ENGINEERING AND IN5PECTICN CONTRACTS) 21 Prime Consultant © Subcorrsultattt U 2nd Tier Subozasultant Contract No. TBD For C.ornbinediRate II For Horne Office Rate l i For Field Duo? Rate Participation .Amount $ TED Date J N 13. 2020 Fringe Benefit % + General Admintstative % OR 133.92% Fringe Benefit % ÷ General A.dm nistative % Fringe Benefit % � Generar l n aUve % 13392% FEE WILING INFORMATION Name/Company Classifications iCeneeth i [ ! N1ansir, P, GE Principal Engineer Stephen; Vsfaide, OH, Health and Safet r Director csp CALCULATION INFORMATION 10% Hourly Billing Ratesz Strafght3 OT(L5X} (3T(2x) ErreatVe Date of Hourly Rate From To Actual or Avg. Hourly hate %or$ increase $20039 N/A $2D039 $20039 $200.39 $188-04 $188.04 $188.04, N/A NIA Ronald Halkirt, PE Principal Engjneer $1.63.29 $163.29 Jeffrey % Cer j GE - ',: er.- $1601E2', ::.s N/A "" : N/A �,.c_• 0 .4- :Principal Engirt r. , r- A ...'. , ' �' ; 22.: / 2 31,•'?ff/t• 1/z E % NIA :; _ •!'-;.`„"- — i ='^'�35Xi:b2"� : z PI/A�:"� s?sf3"s•.WA • _.:.1"�1�2�.�,' I, $163.29 $163.29 NIA N/A l/A N/A NIA N/A IIA NIA N/A WA _ • - -NA N/A N/A N/A A N/A N/A N/A N/A Hourly Range -for Classifications Only $77.88 $77.88 $77.88. $77.88 of applicable 0% • .A 1/1/20 12/31/20 $73.08 1/1/21 1/s/22 1/1/20 3121 1f1/22 1/1/23 1 1/23 1/1/20 12/31/20 12/31/21 - 12/31/22 12/31/23 12/31/21 $73.08 12/31/22 12/31/23 $73.08 $73.08 0% 0% 0% 0% Natapptcabl 12/31/20 $63.46 1/1/21. - •- 12/31/21/ $53.46 1122 12/31/22 1/1/23 12/31/23 $63.46 $63.46 0% 0% 0%. 0% Not applicable - - t tip:: «:°«• °Is •12/311/20 r % i2/31/21 k: • 12/31/22 $62:50 tage i :.ice z 2t.",19 G% 0% • 0%-. Not appikable Page 1 of Febr€iary 2O13 108 of 252 ASSi's't'd!'iEe'1 rcYEre'[l'i;rras'Ma,€rtmi ',"a Bil.€,Ii1iG-MCIRMATIQN • Name/company Ciassiiicatio€t3' !1 ..a ..._ e. ._'.`! ..�+hv'yK'.-. _'�.�•:::«�- �S�`t:��: _:: .. a'i .sd�=!^r '��sz....ys�wa�-t �+qr �` ..w'Lit�i}FTi�'.`�z'�. .-',`'- Cost Proposal Hourly Biipng Ifat s� Straight' OT(1.SX) OT{?x) 5160.82 1 ,NJA Mark Cuthbert, 4E { $159.28 Ili/A N/A i'rincipal Engineer 1 $159_28 N/A WA 5159.28 NIA . 1 1 $159.28 N/A N/A itALCULATION INFORMATION Effective Date of Hourly Rata1 Aral or Avg. From 1/1/23 T? Hourly Rate 12/31/23 $625€3 1/1/20 12/31/20 $6190 1/1./21 1/1/22 % or $ Hourly Range - or increase dasstTicadrrEs Only 12/31/21 $61.90 - 12/32/• %LSO - I .12/31/23 $61.90 PriEzclpal raec lo_ . _ .. -- — -NfA _ 1/I/20 .1.2/31/20 $61.06 c)96 /A / 1/1/21 12/31/21 561_06 0% $57.11 WA N/A 1/1/22 12/31/22 $61.06 0% $15711 ] N/A NIA i 1/1/23 12/31/23 561.06 0% Not applicable I Stephan Beck P £1 , He, QSr /QSP Principal 6641 Beth AbrarOor- eck, P6 Princdpal GeOlogist Iliain Mor �jcsot, PE, GE Senor Engineer 535&»97 1 N. $15$J7 $58.97 $158 97 /A WA WA 1/1/23 N/A = • 1/1/20 N/A [ 1/121 WA N/A 0% Not applic ole 12/31/20 12/31/21 $61.18 09; 1/1/22 12/31/22 $61.78 0% 1/1/23 12/31/23 1 $61.78 i 0%, N/A 1/1/20 12/31/20 69 - I 0% N/A 1 1/1/21. 12/31/21 $57 0% $148.44 N/A 22 12/31/22 567 0% $148.44 N/A N/A $148.44 N/A $1+98.44 1 N/A $152.15 $152.15 6. N/A N/A Not -applicable Not applicable N/A 1/1/20 12/31/20 $59.13 0% N/A 1/1/21 12/31/21 559.1.3 0% N/A 1/1/22 1.2/31/22 f $591; €l% Noy appEIcabfe rf .•:91wS.oVsl, �.C•" w .'x-SGV�.L7 uti;"�.—pAv,..-s.. l'.•�'�- e'vyr's�. ;� Cs Jim" .y� ,..�r.wrww.,.a. _ ...A �1 .�R. �(��,�y ['. 1. ,gyp (�.L+_i-2�.�d.+..1.yJy/yr.��.�5cnrtN-yfv ��+.�.s}�,,y_,�](]���. � {�$� L r.. • "�''�{j�M Civ. '1 S1.--. _• ' . R[ ACi0 1 ice' H , 5�:� y'� ..11 /20 -•✓! 12 3�/CEJ; c y - 2v/3.^Z •9_0_r �Z ?iCtJTa Ii�b e!J' :: uia-,G14- t ,24::':' =� 7fu*: _ $.3261 '•.= ::N/Ao ; `/�1/..S A t 3•Si—dG.L_•. - wfi •-z/3 1 s:'_�_= � -o4 "- -: ' ': «` 4 CT Page 2 of. f F uary 7019 • . 109 of 252 • Firotettures l4lranutCf^ : . E ,;' 'f ' -.'? a.;: r e �':..• • �' BILLING INFO Mk-47:C5l--' -- • I I Narn.e/:om i ny-iassi-ffcation' II `Hourly Billing Raes2 Straig:rt' OT(3 SX) €7112x) $126.19 NJA N/A $126_119 $123 72 Mar' Ritha ds, Fa: QsD/QSD, QQSP Senior €eoi it 1I II NIA NjA NIA NIA N/A $173.72 N/A $123_72 NIA $117-51 N/A Senior ErmranScientist $117.53 N/A. $"! 55,.14 N/A Nicolas C,rpente., CAC, LRC Pit+i <fn $105,34 NIA Senior Proje tEnvironmentalScientist 5105.14 Christine 1U6ns, PE Project Engineer! $,10514 NIA +via :•�=; r Cam Proposal. CALCU ATION INFORMATION Effective Date ct Hourly Rate From To 1/1/22 12/31/22 1/1/23 12/31/23 Actual or Avg. Hourlyf4 $4 .04 1/1/20 N/A 1/1/21 N/A 1/1/23 12/31/20 %rsr$ increase 0% Hourly Rarrse-for Classtficadons Only $49.04 fl9b $4$-0$f 12/31/21 $48.08 12/31/22 $48..08 12/31123 $40_86 fl90 Not applicable 0% 3% Not applioshle /A /A NIA $105.14 - N/A N/A I/z0 1/1j21 1/1/22 12/31/2030 12/31/21 12/31/22 $4OE85 t3'% $40.86 0% 1/1/23 12/31/23 $40,36 $103_90- N/A $10390 = N/A Not applicable NIA 1/1 20 12I 20 $40.38 17/31/21 '$4.038 N/A. =_ N/A 1/1/22 -.12/31/22 .38 NIA 1J1121 0% 0'% 0% Not -applicable ?age 3C xaoar 013 • . February .Page 3of 1eb - u ry 201� -- 110 of 252 40-e4 rOtedisreis Manua: -1•_;;!; 1 ! • 1 ! I I - -PT-nmip • • - 'BILLINGINFORWalt Narnfiornipany ciassfficationl' Project Geo4Dgislt • ,--.Assist-3?-2.0-11-Tr '74%437 $r. • • • CALCULABON 1NFORMAIION Cost Proposal Hourly Wang REtes2 Straight OT(1_5X) $102_67 N/A 0724 NJA Efrecthre Date of Hourly Rata From To 1/1/21 I 12/31/21 Actual or Avg. Hourly Rate4 $39-90 0% % or $ increase Hourly Range -for Classcatons Only 0% 0% Nissa Project Ge!plOgislt ! $98.96 $98.96 N/ $9896 ' N/ N/A N/A N/A $98_96 WA N/A 1/1/20 1 12/31/20 $38.46 0% 1/1/21 1/1/22 12/31/21 $38-46 NOT. applicable 12/W22 ereinia *rington Sen. or StOr gngi neer $97.73 N/A N/A $97.73 $97.73 Daniel Pelise,lc Project Engiieer I N/A N/A $38_46 0% 1/1/23 12131/23 $38_46 0 1/1/20 12131/20 $37_98 0% 1/1/21 12/31/21 $37-98 • Not applicable 12/31/22 $97.73 N/A N/A 1/1/23 12/31/23 $95.26 1/A - N/A • 111120 12/31120 $95-7Z NIA $95.26 N A $9525 N/A $86 _59 iacirleilo, CAC, t.R.CST, !RC VA 1 $160_23 Senior SAT ril.,Ironrrtental Scientist PrevailingW.iige Group 1. Tracy. Thorri4on _.. Senior Stafff4cglieer frmr.2.mt, • ' ,‘::=1-1,1,Vf• 1 I N/A /A N/A N/A NJA NIA 1/1/22 1/1/21 1/1/22 1/1/23 12131121 12/31/22 12/31/23 1/1/20 12/31/20 1/1121 12131/21 1/1/22 12/31/22 1 1/23 12/31/23 1/1/20 1/1/21., -171/23 $8525 • 2, NJA N/A 1/1/20 $85.35 N/A. - NJA • _ 1/1/21 N/A VA • 'A 12/31/20 12/31/21 12/31/23 , 12/31/21 12/31/27 12/31/- $37.9 0% $37-98 0% $37_02 $37.02 $37_02 $37-02 -533_17 0% Nct applicable 0% Not applicable , ..••• - • Page 4 of - February 2019 111 of 252 'ik.v i.'s'•e� r,a;;,NJ.... ; r ,.cr �s.r, E' ma's �a-3�a.c-"• rci`�"'E �- i=-9 to .. .. Cam' .: •��� .•. �;�'',�'€ _:� __ • R° iL#.# 1G INFORMATION Wa[ne/Co-npanyClassification' Tracy rithinPsori Senior Staff ng4leer* Prevailing M4 ge'Gr'oup I Hourly Ming Rates Straight' OT(15X) OT(2x) $150.23 N/A $15653 N/A N/A NIA CALCULATION INFORMATIZOIV Effective Date of Hourly Rate From To $16653 $166.53 Nq:��-:<. _.._ NIA Stephen Quinap9, Senior Staff Ceolog Stephen Quimpd Senior Staff . eologist* Prevailing WagelGrocrp 1 $30 41 0.41 $80.41 1/1/20 12/31'20 111121 1 12131/21 Actual or A. Hourly Rzte4 1/1/22 . _ �. _ 12/31/22 • Ens A. N/A 1/1/23 1/23 $64-.72 N/A N/A 1/1/20 1 12/31/20 $31.25 N/A N/A $80.41 N/A Brien Post LRCSI' $160.23 NIA $16653 N/A $166.53 N/A $166.53 $68.15 $6819 Brian Ford; Lac ST Staff Enviroimepta! Science Prevailing WageiGroup 1 Keith Kastan a Staff 6eolc gist $68_19 $8 583_44 $81.44 N/A N 1A/2- 12/31/21 1/1/22 1 12/31/22 NIA 1/1/23 1 12/31/23 A $31_2S $3175 $31?3 $62.27 $64.72 $64.72 cOS't PrOpoSal % or $ increase 0% 0% Hourly Range - for Classifications Only Not applicable N/A 3/1/20 i 12/31/20 $52_27 N/A N/A 1/1/21 f 12/81/21 564,.72 1/1/22 N/A 1/1/23 121.122 12/31/23 $64.72 $64_72 Not applicable 090 0% fl! �>b 0% 0% Nat applicable 594.69 $94 J9 $94_669 $? 50_23 519136 $166.53 $198.29 5156.53 5398 $16653 51.98.89 $64.33 $64.33 NIA N/A $222.50 $231.25 $231.25 '23y.25 1/1/20 ' 12/31/20 $26-50 1/21 12/31/21 1/1/22 12/31/22 331/23 12/31/23 S0 $25_60 $2650 0% 0% Not applicable 1/20 3 12/31/2.0 1/1/21 } 12/31/21 $62.27 $64.72 1/1/22 I 12/31/22 -564.72 1/1/23 1 12/31/23 ' $6432. Not applicable N/A • N A $64.33 N/A NIA 1!1/20 12/31/20 $25 00 1/1/21 12/31/21. $25.00 Darin tfojtas Govsc Eaboratoryl11 ar[ager $64.33 N/A $103.90 f N/A $103.9 [1' .1 N/A NIA A • N/A Alfredo Tap*. ~t . 03.90 NIA--- ...N/A 1/1/22 12/31/22 1/1/23 12/31/23 1/1/20 $2500 00 0% 09b vu Nstapplicable 0% 0% 12/31/20 1/1/21 . 12/31/21 $40.38 1/1/22 -_"12/31/22 $40.38 I03.90 N/ ._ N/A 1/1/23 I 12/31/23 i $4038 _ $6gra3 Senior Lab�>r� Not.appiicable 0% 0% $89.33 : • - Y, _ 1/1/20.. E _...,. . 12/31/20 ;ram :._ !�12 3 89:33 f ..._ .1r rr . !Y�¢a`.'.�. .. '._ a • a'L: ^. : 1r. r'ri - $4 39 • 1 t$-7"E.O'3':_Y/'1..": ?!-.y . 48. r elf': ..S •� _. . -?• === 1/2t ; 41m 1.2/31/23 425.00 • . ..$2"5,0 Ses Lai: Page b1 i Y _S Not appL[c[e Page 5 of February 2019 112 of 252 te:-.•,•total .A.Ssb7thikeq?-i- - i‘i%tt - : I I ! 11 Alfredo Tapia Prevalkj Wage -Group 1 Laboratn4fTeennician Eric Van Ol_n!der Laboratory Tec ician* Prevailing Wage Croup 1 Ruben Lender Santana Laborator§r TeclIniciart '"BiLILNG INFORMATION • '- -Hourly BilRng Rates2 $160.23 $19136 $194.89 $68.39 $67.89 CALCULATION INFORMATION ' Effectve Date of Hourly Rate From • To Actual or Avg. Hourly Rate' 1/1 2- 12/33/21 $64.72 J0% $231 75 111/22 ! 12131/22 $64.72 0% $231-25 1/1/23 12/31/23 $64.72 j - $67.89 1/1/20 12/31/20 $19.00 0% 111/21 12/31/21 $58-39 I $67-89 $150-23 $16633 I $198_8.9 $166.53 1 $198.82 $43.74 $52.24 $67.891 111/23 12/31/22 $19.00 12/31/20 $62.27 0% 12/31/21 $64.72 $60.74 112121 12/31/21 SUMO $60,74 1/1/22 $52.24 j $60-74 $38.60 I.aboretori Tect $3S.60 $46.10 Norman Gi..len-ez 12/32/22 $17.00 I/1/23 12/31/23 $17.00 - $38.60 4 $46.10 $53.60 - Devin 5taIe $123.66 $153.-66 Laboratory TiecNnician $12m 66 $178..66 1/1/20 $15.00 j 0% 12/31/22 $15.00 0% 12/31/20 1111EKUMINMEEMEIMEMI $178:66 1 1/1/22 12/31/22 $153495 1 $178.66 I 1/1/23 • - . I $38.60 $46.10 Field and IA As'sistarrt. $1-13.66 $38.60 $38:60 12/31/23 1 $50.00 Cost Proposal Nat applicable Not applicable -Not applicab e Not apprble Not applcable •••••=, - .5s3zo1 111i20 12131120 • $1.5.130 1/1/21. /31/21. 0* 1/1/22 22131122 1500 VaiieSS.4§4*:.4. : $96.47X'•!FT:,;,- 1 • r: 12/31/20 7-- IW-Timas • $15-00 0% • -yage. • Feb:liar?' 2.I.T11.-'• Not applicable Page 6 of • februaW2019. . • 113 of 252 :Y r 1�11assls i h.• S kC1SF$S.'i� .„,�- _ ._ - - ._. � «. o _[�' � '+`c`'. *is..=r�::. SF �`.f..F=._�F-{.4-��e�?'-t �`a -'"'v': ?.a`,T_'-•:r" �+'?dc�++�,T �-=..s'"' Cost Proposal Btl:l.lNG ][�IATIO ' ' .CALCULAi!ON INFORMATION I I .iiouriyE fling Pates 2 Name company Classification'' Straight° OT(1.5X) OT12x) I 559 47 $82.97 596.47 Alex Safari; 1 $72.59 22 $10094 Graphic Ifilitre Gerry G Zdey' Lead Word F?rocessor fictive Bate of Hourly Bate From To - 1/1/23 12/31/23 $7259 $8,5.82 $100,94 $7269 $72.69 $85.82 $100.94 $85.32 $10094 $65.61 $7836 $91.11 1/1/20 Actual or Avg. Hourly Rate4 $27.00 %or$ increase Hourly Range -for Class' crtiQris Only 12/31/20 528.25 0% 1/1/21 12/31/21 1/1/22 12/31/22 1/1/23 12/31/23 $28.25 $28.25 $28.25 0% 0% 0% Not appilmb[e 1/1/20 $55.51 57836 $9111 - 1/1/21 $65.61 $7836 f 591.1,I 1/1/22 12/31/20 52530 0% $65.61 $78.35 $91.11 1/1/23 !Cate Hughes $57.90 $6915 . 580.40 1/1/20 TechslitatA.ssistant $57.90 $59.15 $80.40 1/1/21 $57.90 559_15 580.40 1/1/22 I $5790 $59.15 $80 40 1/1/23 12/31/21 12/31/22 12/31/23 $253 3 $25,30 $2 a.50 0% Not applicable 12/31/20 12/31/21 7/31122 12/31/23 Don atTg Technical Assistant $78.48 $93.73 $108.98 $78.48 $78.48 $78.48 $93-73 $108.98 $93.73 5108.98 $93.73 510898 1/1120 1/1/21 1/1/22 1/23 $22_50 s»70 0% 0% Not applicable $22.50 $22 50 0% 0% 12/31/20 12/31/21 12/31/22 12/31123 $30.50 $30.50 $30.50 $30_50 0% 0% 0% Not applicable David p Amounting 578-48 $93_73 $108-98 $78.48 $93.73 $.10$ 98 $78.48 $93.73 $78.48 $93-73 $108.98 $108.98 • Jane! Pannell - Accounting I 11 $72.05 $86.05 $72_05 $86 05 $72_05 $8 05 $100 05 $100.05 $05 1/1/20 12/331/20 $30.50 1/1/21 12/31/21 53050 1/1/22 12/31/22 1/1/23 12/51/23 $30.50 $30.50 0% Not applicable 0'.! 0' o% 1/1./20 .12/31/20 1/1/21 1/1/22 $72,05 ` 586_05 5100.05 /1/23 1.2/31/21 12/31/22 12/31/23 $28.00 $28-00 $28.00 $28.00 036 036 0% 036 Not applicab Accounting • • $64 33 • $76.83 -33 • • 1/1/20 1 2/20 • -:-$25:00 0% $5433 $75.83 $8933 $6.4133 $75.83 $64.33 : $2633 .1/1/21 12/31,/21 $8933 s . 1/1/22 4,448933 1/1/2 $58:35r=.M:14"=LCIM89 o _1/1/26 6 t.9r9S/2i a -u_'. ;2: r. 12/31/22 1.2/31/24'., $25.00 525.00 $29.-00. 0% 0% - 096 Not applicable . 1337'' 1 1.. ; ..-PIJJS1" ?age ebri}aty 2023 • • 114 of 252 •! :Natapplicable • Page 7of Febroary2019 - I hoirsgstap,AmmenasjisRatip.k,911:•:•-g 7:4 e F''-ea-2.03Magtel CoSt Proposal ••-• • ".1.-• ILINGrNFORIVIATION 1 Name/Corr pany Classtficationz Speckln-OPOct4"'' PrevallinglWagej Group 2 1723.7.411:ete" • "••• - Hourly Milne Ratesz Straight5 -0T(1.5X) 01(2x) $43.89 $58-39 $48.89 $169.95 1 $202.98 $176.26 $210,51 $176.26 $210.51 $176.26 $210_51 $164.81 $196.83 $171_11 $204.36 $171.11 $204.36 $171.11 $204.36 "CALCULATIOMINFORMATiarazr•' Effective Date of Hourly Rate Achlal or Avg. From • To Hourly R•aea $67.89 1/1/22 12/31/22 $19.00 111/23 12/31/23 $19.00 $236.00 $244.75 $244.76 $244.76 $228.86 I $237.61 $237.61 1/1/20 12/31/20 111/21 12/31/21 1,/1/22 12/31/22 1/1/23 ?-2/31/23 1/1/20 12/31/20 1/1/21 12/31/21 1/1/22 12131/22 1/1/23 Mitch C..*n#Tits $163.80 Special InSpactoi* $170.11 Prevai ikt/agetGroup 2 ohnAfledI Special inspector* Emad Eiesbay Spada' irlip#tor* P availing A4gejGroup 2 Special Inspector* Prevalang Wage -up 2 $170.11 $170_11 $203.1.S $156-88 $182,37 $115:3-19 $194.90 $1•63.29 $163.19 $194.90 $ 60.67 $191.8 $66.06 $68.50 $68M $68.50 $64.05 $66-50 $66_50 % or $ increase 0% Hourly Range - for Classcations Onhi. " Not applicable 036 Not applicable 0% 0% $195.63 $227.46 1/1/20 12/31/20 $63.66 0% Not appltwble $203.16 S236.22 1/1/21 12/31/21 $66.11 0% $203.16 $236-22 1/1/22 12/31/22 $66-11 0% $236.22 1/1/23 12/31123 036 $66.11 $217.85 1/1/20 12/31/20 $60_97 1 .Not applicable $226.61 313121 12/31/21 $63.42 0% $426.61 1/1/23 $214.3 1 1/1/20 $160.57 $191.89 $22.3.11 $164.81 $295.83 $228.86 $171-11 $204_36 $171.11 $20435 $171_11 $204,36 Timot, Tinan $1_51.94 $181.47 Special Ins dctor/Pleld Techniclan* =`,- $158.25 $189.00 14/22 22/31/22 • $63.42 0% 12/31/23 $63.42 0% 12131/20 $59,.99 0% Not applicable 12/31/It $62.44 1 0% 1/1/20 1 12/31/20 $237.61 1/1/21 12/31/21 $237. 1 1/1/22 32/31/22. $237.61 1/1/23 12/31123 $21.0_99 1/1/20 12/31/20 $219.75 12/3//2.1.• $219.75 __ 4/J/22 $54.05 $6650 $66.50 0%1 Not applicable $59.05 0% Not applicable $61-50 0% • . • "0,' • • - • - MO Th?M.75.1,7RM:'':a2R- SW, , :27t212g I i . ZY:•. • 1.42tr-o-arl• -. • '• • 'Fetirdat-ii - . • Page 8 of . Feliniary 201_9 115 of 252 !a"Y49 �.J-7Y Lci1 W40wF.� 1� �''• iGiv�_+M..• rL �.. --Yr ! .�'•"tS.H• •v�}.�hr•-�.tia.4 .S. . 3 - - �2-:". �-�;: x :.ss r.:+.iT�=. �i'Tz%Ys��s r--�`',;�`c`�''=�'--. '_��-^`�=y`•`..�.�.ri^�sT res:._ -r yu •�ii��r72<` a • �, Cost Proposal' -111L UNG INFORM W _ Name/€'.om ny E}ass!f tarn a Special inspector/Field Technician Prevailing Visage Group 1 Hourly Billing Rates2 Straight-' OT(15X) OT(24 $153.67 $18353 $153.67 $18353 $153 S7-' : $183.53`-- $21.339 $21339 $21339 Effective Date & Hourly date From To 1/1./21 1 12/31/21 1/1f22 [van Guajaroo Special Inspector* PreuaTng ` rilage Group 3 [Van Gua1.*r $162_03 $168.33 $168.33 $16833 _Special ihsnktor* Prevailing WageIGroup 2 $156.88 $19351 $225.00 $20L04 $233.75 S20L04 $233.75 $201_04 $7-3.7$ $187,37 CA L 3r INFORMATE - •.- - - Aral or Avg. %or$ Hourly Rarige-for HourlyRate4 increase classy =10rasOnly 12/31/22 $59 72 0% 23 f - ' :72 -0% 1/1/20 12/31/20 1/1/21 /2/31/21. 1/1/22 12/31/22 1/1/23 12/31/23 $62.97 $65 42 0% $65.42 0% $6S42 0% Not appli He $21185 Duc Nguyen 1 Special [nipec o- Prevailing gage Group 2 II 1 Todd iternOn Special inspector/field Technician* * r1&3.1.9 $153_19 $194 90 $1.34.90 $16.3.19 -$194 90 $16421 $196_83 $226,61 $226,61 $226-t $22826 $171.11 $204.35 $2.37.51 $171.11 $204.36 $237.51 $171.1.1. $20436 S237.51 $164.81 $196.2A 1/1/20 12/31/20 1/1/21 12/31./21 1/1/22 12/31/22 111123 1Z}31/23 Not applicab $53.42 s li% $5097 $63.42 $63.42 fl1 1/1/20 1 12/31/20 S64.05 0% 12/31/21 $6650 0% Not appl-rcable 1/1/22 12/31/ $f650 0% 1/1/23 12/31/23 $66.50 5228-8€ $171.1 $204.36 i $237.61 Todd Remirrid Special lnspOctoricinicl Technician Prevailing Ykrage Group 1 $10633 3 $1s8.89 $16653 $198_S9 $1-66.53 $19829 1/1/20 12/31/2© $64_05 $160.23 $19136 $27_2 50 1/1/20 12/31/20 rr$52.27 5231 25 1/ 1121 12/31/22 $231_25 1/1/22 12/34/22 $231.2s 1/1/23 12/31/23 S0 •72 $64 72 $64.72 Not app le 0% r% 13% Special 1ns ctoi•/Sr 1Field Technician* $17? 1� $20435 Not applicable M',che I S $154.81 $196. $228.$6 1/1/20 12J31/2{1 $64.05 Not appficle $237.61 111/21 12/31/21 Prevailing Vs.%elGroup2 $.271.11 $20436 Iew-�.•- ��,.- T. _ 4 ._. 5237:51 1 $17Ti1- -$20435 $237.51 " " i/1/23 12/31/23 I $66.50 - 0% M cheil Saadi e . $4 60_2_3 - '$191.36 $227.S0 1.- 20 Spe„ ial.-1* or/Sr Feld Tezhnican.7:. ; $165-33 �� l 1/ / 12 1/20 $64 72 [VatapgG Ie 1 $148 89 . $231.25•_ 1_, _. 1/1/21 12/31/21 . _-$64J2-0%,--- . $5650 0% 1,/3/22 12/31/22 $a650 • .. vzilangSiII t 1. x� _ `_23=• �FAVV', : $19839 • =9P �_. _ _ .. .._, ...,sae.-na;+,:_: i=vim:..., �.- -•' �-- 1 I! i2/y1}; rya_, ,;. - r-' Rage 9 ct 116 of 252 Page 9 of Fe-bruary 2O9 • f� ,.,,,,,..w7 tt �� +: _e_ _ ^ ..,4=t 5.=: u' �e:� �.: - : - n�- " is=-. • r-.;^•e; .4^- ? ' rC.xca�lL��.�S'-bYCeii'iF�c�-.., ii'�... ..� .a .. ..� `••�''-� :ems: �•�s�--"..e:r z. Mwc• rs :«.r:4, a :..j`::5:.: A:`�+...s�+�r.'°^"t'i^":?'"'�+;•3�Y?`:S'E_F:��c��"--,FF��n • . Cost Proms - - ..e=ram" �,a9t1'•" Fat1ek Sr,tons Gioup•2` . PaDick Si -Moons Prevailing! Y--• vGroup 1 Prevailing Wage -Group 2 BILLING u. I ON 300 GUM ail Prevailing ,Waage Group 2 Julio 9.2b Prevailing Wage Group 1 DoroThy liar, ww Special Inspector* PrevallIngWage coup 2 I..•-.. s9=�__. Hourly Billing Rates2 Straight3 OT11.5X). $ ±4958 $155.88 $18617 $186.17 $145.00 $173.17 $20L35 1/1/20 $15L51 $21039 1/1/21 $151.51 $18095 $21039 1/1/22 $151.51 G Jl CAtSCN [NFOR MA! EON fective Date of Hourly Rate a 2xj From To $20?_71 111/20 ; 1213/6/20 1/1/21 i 12/31/21 1/1/22 - 12/31J22 $215 4b 1%1j23 - 12/31/23 _.�-•.c.,�-��a�r-�.-�-_� M_�::,:-,.;.;max-, . $21S,46" r $180.95 $18195 $210.39 1/1/23 $3.81.78 $211.35 1/1/20 $18930 $15850 $18930 $220.10 1/1/21 $220_10 1/1J22 $158.50 $18930 $220.10 1/1/23 =z._. $14752 $176.30 $204.99 $152.20 $213.74 $183.83 I $213. 4 Actual or Avg. leurty rRate; 12/31/20 $59_15 1/1/20 1 22/31/20 1/1/21 12/31/21 .._. $181.78 $211-35 1 1/1/20 $189.30 $22010 1/1/21. $189-30 $220.10 1/1/22 $158s0 $18930 $147.62 , $1763o $15392 $164_81 $183"83 $196.83 I $228.86 1/1/20 $20436 $23.7.61 111/21 •$17133" $204.36 J $237.61 $171,11. $148.01 $176 7,i $,- -...1/1/22 12131/21 12/31120 ,..-„,1/1/23 12/31/23 S3 . 1/1f20 • .- $13At3[k 1/1/21 - 'a: V•;Pw/�-e..Yz $61.60 $59.82 $61.60 $5650 Page o 2013 % ar $ '(nerease i ]ourly Range - for Classifications Cxly Not appFcable Oho J Not applicable 0 J Notapplicable Not applicable" Not applicable 0% Not appicble 11! ppble -Page 10 of - Februarif 2019 117 of 252 dins: +SS.NI:'A ixl EC3, i �.. � "j` p._ W�isa .:. '�'.r:."".-'?C�a;s :��sehies:�?z}4=F'-:_' - -^�-r`ri�;.�v".,�',•-�=`-��.I:�%s]:t,�� - ' ""BCLfI iVFORIVIAeION Marne/Con- panytlassfn ienl Stevcrtc:711i Hourly BiIIing Rai Staightt OT{1_53C) OT(2x; $15230 $18190 $211.49 Seller Technician$158-51 $189 43 5220.2.5 Prevailing Wegg Group 1 $158.51 $189_43 $220_25 tin Sinai&nsiy Senior 9elolTeclinician* Prevailing Wage Group 1 it Thomas Whelan Senior FielcliTecttnicia❑ Prevailing] VilftelGrOup 1 i M9aft poker I 5erdar Reid iTechnician $158-51 $189.43 $22025 •- s ' tm t €s CALCULATION INFORMATION ' - - Effective bate of Hourly Rate From To Actual or Avg. Hourly Rate" 111/20 77131/20 $59_19 1/1/21 12/31/21, $51.64 1/1/22 1/1/23 % or Cost Proposal Hourly Mange -far increase Classincattans Only 0% Notapplisabte �5c 12/31/22 $ L64 0% 12/31/23 $611056 $3.47.62 $176.30 -$20499 1/11/2 '=s ue ^1.2f31/20 $57.37 0% Not applicable $133 ` $183-83 $213_74 1/1/21 12/31/21 $S3.82 0% $15392 $1 9_83 $223.74 1/1.122 12/31/22 $59.82 $153.92 $183.83 $213_74 1/1/23 22/31/23 S59.82 0% $149.78 - $178.89 $20799 $155 Qi3 $185.42 $21.675 $155.09 $186.42 $155.09 $186_42 $15230 515$ 51 Group 1 $1 S8_61 $15851 $189_43 James Continuo Senior Field riechnician Prevairinghiklagfroup I, II '$216.75 $215_75 1/20 12/31/20 $58-21 /If�1 12/31/21 $`v0_-6Z 1/1/22 12/31/22 $60.66 1/1/23 12/31/23 I $60.66 • 0% Not appli ble 0% $18190 $211_49 1/1/20 12/31/20 $59.19 0% J Not applicable $T8q.43 $22t325 j 1/1/21 12/31/21 $61-64 0% 1 $189.43 $220-25 ( 1/1/22 12/31/22 l $61:54 0% $220.25 1/1/23 12/31/28 61_54 0% $148_93 $55.24 $ 1.55.24 $1.24 $17727 $20E,81 $185.40 $185_40 $185.40 $21597 $215_7 1/1/20 12/31 0 $57.88 - 1/1/21 17131/21 $50.33 1/1/22 12/31/22 $6033 $715-57 1/1/23 12/31/73 $60-33 0% 0% Marts MacC rtl:y Senior Field j Cec inician Prevailing AP,NgelGroup 1 I $147.85 $ 154-.16 $176-58 $184.11 Not applicable $205.31 1/1/20 $21.4.07 1/1/2.1. 12/3.1/20 $57,45 12/31/21 $5991 0% Not applicable $I5415 $1$4_13 $214.07 1/1/22 12/31/22 $59.91 0% 5154.16 $184�1 jl 23.41J7 1/1/22 ?2 32/23 s9 1 ,� Dalton Mcrrane Senior ieItiliecbnician Prevailing Mgef Group 1 iI $148.93 $177.87 $206.81 1/1/2. 12/31/20 857_88 0% Not applicable $155.24 $185.40 , - :` 5215_57 1/1/21 ---_---12731/21 $60_33 0% - $155 $185.405.57 $735.24 $185.40 1'-',; $21557 IllaS Er f•'f ter &93 ; .x 7 1/1/22 12/31/22 1/1/23 '12/'1/23 $6033 0% 0•% • f- l'age=... • Page 11of . FPI2- a;r 20.19 . bruary2019 ' 118 of 252 1 tea -Manual, ..:; iw-: . `Mr`.iFt#':f�:i ws:"- _ .. _- 4Y ;�r Sea- '� '+ -• .. .. _..«,..�1 �':: '- :�;.,d+;�w•e'�Ta� :'°F. - a 3�•t t. 0Ost Proposat BILLING I FORMA.'i n_es• parr e/ company Class cation - hourly alliingR.ates` S ight3 OT(1.5X1 OT(2x) $155.24 3185.40 - $71557 1/1/23 Everando giOo Field Tecfinrrianr Prevailing Wage( Group 1 ij Thanh -Fran 1 Special Inspector/Feld Technician Prevailing Wage) group 2 I Thanh Trap $163.19 $153.19 $163.19 $155.91 $186.20 32€6 60 12/3'/22 122 32/3zJ2 356 91�.: $186�0 1fiaa 1/1/23 31,/23 560.59 $156.88 $187.37 : $217.85 1/1/20 12/31/20 35097 $194.90 32266.61 1/1/21 12/31/21 $53.42 $154-90 $226.6 12/31/20 $5814 [ o - of applica a $60.59 0% $50.59 € % 0% $194.90 S226_51 111/22 1/1/23 12/31/22 $53.42 0% Not applicable 0% 12/31/23 $53 42 S152.30 $T81-9j Special irrkcl:-oetd Technician $158 61 $18943 Prevail"rnefgiage Gro p 1 1 Aaron Fr; deivk1 - Reid Techiriklatik' 5158.61 $158.61 $18943 $189.43 $211 49 $220_25 0% 1/1/20 12/31/20 1/1/21 12/31/21 3220..25 1/1/22 12/3 22 $220.25 1/1/23 12/31/23 FrevaiDng14V eiGraup 1 149:60 _ .$178 57 1 $207.74 $19591. $14893 $155-24 ' CALCULATIONINFDRIVIATION Effectve Bate of Hourly Ram from To Actual or Avg_ • Hourly Rate increasim %or$ 12/31/23 $60.33 0% i Hourly Range - for £hssi#`i rionsOnly _ 1/1/20 $156.20 $21690 1./1/21. $177.27 $206.81 $.40 $155.24 $IA.40 I $155.24 $18S.40 Raman f:ran4 Field Techni 1a ` Prevailing Wage Grc4p 1 $14.9.78 $155.09 $555:09 $17889 $23.5.57 $715.7 111/20 $59.19 0% Not. apppsfcable $61_54 '361.54 0% 0% 12/31/20 1/3121 12/31/21 '$57.88 0% $$60_33 0% Not applicable 1/1/22 12/311.22 $60.33 3215.7 1/1/23 12/31/23 _38 $20799 1 12/31/20 $5821 1/1/23- 12/31/21 360.56 I/1/22 12/31/72 1 $60_66 3155-09 3186.42 $216_75 1/1/23 17/31/23 $18542 $2'15_75 $186,42 $215.75 .RlzxGutierez Held Tech*an* $152.30 • $181.90 } $211_49 1/1/20 12/31./20 $158 51 $189.43 Prevailing Wage Group 1 $158 61 $18Q.43 ', lard $220.25 1/1/21 12/31/2 $220-75 $158.61 51.89.43 5220. 5 111./22 12j31/22 0% 0% 0% NtA applicable $60:55 0% $59.39 0% $61.54 Gam% 1/1/23 12/31/23 j 361.54 0% 0% Not applicable Field T.etht}idtarn Prevailing stage $160.23- $1s6s3 $19136 $19829 $r:2.s $231..25 $231.25 I -. ,i. G =195.89 ' _ 23.1��, Group 1 - $15533 $gas 89 120 12 31f20 $ 17•:- 111/21 12/31/21 $64.7i 0% 0% Not applicable 1/1/22 r 12/.31/22 12/3323-. $54.72 a% 1•R �r rL V�: •ii1r.�P _rrr . . 12/31/2a it G, FY - Page 12 of Febniary 2019 _ 119 of 252 I tam Com .yP7' a f. :_ y c 14_.....,S:.z�w .4 a .r?: �;'.;:*tix c.. "?:-: • :-y `„q? • -%sue---=s •'A at Y BILLING INFORMATION - • Hourly Billing Rates' Straigfr2 OT(1..5X) O 3(2x) ` '=ertLCU1Ai 1ON INFORMATION''' • Effective Date of Hourly Rate From Tfl 1/1/22 1/1/23 12/3M,/22 12/31/23 $6"_ 64 $61-64 %orS increase 0% Cost Proposal Hourly Range -Tor Class"iF cations Onfy .. ... - __ .�.... _e�"�...'�..-_"-gam. s^.w..�� �7ec. ��"`,�cs. r` �?��, �-- J -"."-` _ ,�,�,•. r s s:._ ""-•� _� a�{-�- � ......_. ..-.,..,.- r.�S.,, $216.48 i t Senior EngrifG-eoljco Scientsi Piet Erer/Geo1/€-v Scientist Project. Er,4r Ged1/wrsv Scien $216.48 WA $216.48 NIA $14656 NJA $146_56 N/A $14556 N/A $104 55 $10455 N/A N/A N/A N/A 1/1/22 12/31% $49-76 N/A 'N/A _ 1/1/22 ; 12/31/22 $49J6 N/A IA 1,/1/23 1 12/31/23 -26 N/A 111/20 I 1 .63 N/A N/A 1/1/2ti 12/3 -63 N/A N/A `— 1/ /22 22/31/22 4L1_e NJA $9155 N/A $9155 N/A $65.02� N/A $65.02 N/A • $65.02 WA $65 02 N/�► 1/1/22 12/3114 N/A 1/1/23 12/31/23 • 569 15 $80-40 1/1/20 ) 12131/20 �� d •'�-:._ - I _4w=_ - :.'.^�-RE1 y"tea; y 5 Xti $ s::s ... 3C ?� s 2F . - f _ • •. :i cg Frys O1 26.50-24 04 Page 13 of ruan 2019 120 of 252 i .`F,3b LGY:�Gdi ares� m4iSiO:•. �i�.•, •-;,±7.n'..y♦s . x� a• >�.e"-_Rs:ws sk�v'_.�i.a♦�?`.: 7S�..S7•.'a6..33S-s"LY.�.r a_'S�i•�♦X2^•.�TY♦i7_'i �ifi'J_yt! .y���S�y* �a asi `{�7 � I I Harn) Corn pany-C[assilcationx C-raphic ��-.•"moo• . Hourly Billing Rat€s2 Stsaight3 OT( 59Lv58 $91.68 Ad sAnts Frgord Processor, technic lusters.; Dispatcher, Ac o z.m 3 $109.50 $109.'.-0 $1o93o • - $9L5S $3.09zo $75.14 $89.74 $75.14 $89.74 $89.74 $89.74 Spacial I„spec-ral•-1FieldTashi-ic€ao $157 4.7 Prevailing, Nage Positions* (includes cirease in year 2021) $163.88 IIMEDIEN $188-07 $195.73 .195_73 $153.88 $'75.73 $0-00 50.00 $0.00 50.00 $0.00 $0.00 $0.00 * Prevailing ge NOTES: 7_ Ail costs :n ust cortpl , th the -Federal oast prinapies. Subconsultards whit provide their awn cast proposals. 2. The cnst. pMposal fonnat shall not be amended. S. Slalva�..-arealorly rate 'xi 5-1oR)-(t-F.Fee). Indired cost ra's should be based co the =nsulbantsanrsaiaccouningcaned,establishedbyacegnl agency or accepted by-altrens- Ail casts must rrply WIZ,. the Federal -mist principles for rasmbursement 4. For named e and keypersonne€ enter the actual hourly rata. For dasst :aeons :only, enter the Averace Heuriy Rate for That classiracatfan. Employee $0.00 Cost Proposal "mu 'm7.41,7:-TALCOIATION'INFORMATIONIPNX:4 OT1-2 c) Effeethre Date From of Hourly Rate To Actual orAvg. Hourly Eiatea ' %or $ increase Hourly rRnge -for ClassmeatonsOnly - $12731 1/1/20� 12/31/20 $3553 .0% 43.00 -2825 57.27.31 1/1/21 1 12/31/21 $35.63 0% . . 337 31 ^'' •171/22 12/ - - $35:63 - 0% ' - • - $12731 u 1/1/23 12/3 /23 $35_63 $104.34 /20 12/31/20 $29.20 0% - - - 40.15 -3_825 51004.84 1/1121 12/31/23. 529..20 0% 5104.34 1/1122 12131f22 $2920 0% $104.34 1/1/23 12/31/28 529920_ I1°6 _ ^ $218.67 572757 $227.57 522757 1 $0.00 1/1/20 1/1/21 1/1/22 1/2/23 12/31/20 22/31/21 12/31/22 12/31 $65..20 $63.69 $63.69 0% 0% 0% 66.05 -5.6-35 68.50-58.88 $63.69 036 111/20 12/31/20 $0.00 0% Data piicable $0.00 50-00 1/1/21 1/1/22 12/31/21 32/31/22 $0.00 0ea $0.00 056 . 00 1/ 22131/2; $0.00- 0% • • c.'." .. . a 21‘i.. _ _:.-.- .:C •s_: Tt.m s..taws. }ry?age 14�o'fj �L oa 2029 121 of 252 RESOLUTION NO. 2020 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, 1) AUTHORIZING THE MAYOR TO EXECUTE A THREE-YEAR AGREEMENT WITH NINYO & MOORE GEOTECHNICAL & ENVIRONMENTAL SCIENCES CONSULTANTS FOR A NOT -TO -EXCEED AMOUNT OF $2,000,000 TO PROVIDE ON -CALL PROJECT SUPPORT SERVICES FOR NATIONAL CITY'S CAPITAL IMPROVEMENT PROGRAM (CIP), INCLUDING, BUT NOT LIMITED TO, GEOTECHNICAL AND SOILS AND MATERIALS TESTING; AND 2) AUTHORIZING THE CITY MANAGER TO EXECUTE ANY PROJECT -SPECIFIC SUPPLEMENTAL AGREEMENTS, AS MAY BE REQUIRED FOR GRANT FUNDED PROJECTS WHEREAS, National City's ("City") Capital Improvement Program ("CIP") estimates approximately $80 million in Capital Improvement Projects needs over the next five years to include corridor enhancements for traffic calming, pedestrian / bicycle safety (including Americans with Disabilities Act compliance) and smart growth redevelopment; road diets and complete streets; safe routes to school; traffic signal modifications; new street lights; sewer replacement and upsizing; storm drain improvements and implementation of Low - Impact Development ("LID") measures for treatment of urban storm water runoff; drought tolerant landscaping; facilities improvements; and park amenities; and WHEREAS, in order to successfully design, manage and construct these projects, the Engineering & Public Works Department advertised a Request for Qualifications ("RFQ") for various engineering, architectural and construction support services on May 1, 2019; and WHEREAS, the RFQ was advertised on the City's website, published in the San Diego Union Tribune, e-mailed to over 100 professional consulting firms and also advertised on PlanetBids where over 400 firms were notified; and WHEREAS, the City also hosted an Information Session regarding the RFQ process on May 14, 2019 at the Martin Luther King Jr. Community Center, which was attended by over 100 people; and WHEREAS, the City received 71 Statement of Qualifications ("SOQs") from various firms by the June 10, 2019 deadline and reviewed, taking into consideration, among other things, past performance history, knowledge of the environment, the type of services offered, and the cost to the City; and WHEREAS, based on their SOQ, interview, qualifications, and past performance, City Staff recommends Executing a three-year Agreement with Ninyo & Moore Geotechnical & Environmental Sciences Consultants with the option to extend for two, one (1) year extensions for a not -to -exceed amount of $2,000,000 to provide on -call project support services for National City's CIP, including, but not limited to, geotechnical and soils and materials testing; and 122 of 252 Resolution No. 2020 - Page Two WHEREAS, in addition, City Staff recommends authorizing the City Manager to execute any project -specific supplemental agreements, as may be required for grant funded projects. NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby authorizes the Mayor to Execute a three-year Agreement with Ninyo & Moore Geotechnical & Environmental Sciences Consultants with the option to extend for two, one (1) year extensions for a not -to -exceed amount of $2,000,000 to provide on -call project support services for National City's CIP, including, but not limited to, geotechnical and soils and materials testing. Said Agreement is on file in the office of the City Clerk. BE IT FURTHER RESOLVED, that the City Council hereby authorizes the City Manager to execute any project specific supplemental Agreements as may be required for grant funded projects. PASSED and ADOPTED this 1st day of September, 2020. Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones, City Attorney 123 of 252 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City accepting the Covenant's Conditions and Restrictions and authorizing the City Manager to execute and file the Land Use Covenant and Agreement between the City of National City (City) and the Department of Toxic Substances Control (the Department) for the property comprising of the following Assessor's Parcel Numbers: 559-104-10, 560-206-07, 560-391-05, 559-124-06, 559-125-16, and 559-125-15, (formerly the National City Public Works Yard Park -Side) now Paradise Creek Educational Park. (Engineering/Public Works) Please scroll down to view the backup material. 124 of 252 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 1, 2020 AGENDA ITEM NO.: ITEM TITLE: Resolution of the City Council of the City of National City accepting and authorizing the City Manager to execute and file the Land Use Covenant and Agreement between the City of National City (City) and the Department of Toxic Substances Control (the Department) for the property comprising of the following Assessor's Parcel Numbers: 559-104-10, 560-206-07, 560-391-05, 559-124-06, 559-125-16, and 559- 125-15, (formerly the National City Public Works Yard Park -Side) now Paradise Creek Educational Park. PREPARED BY: Jose Lopez, Dep PHONE: 619-336-4312 EXPLANATION: See attached explanation. City Engineer DEPARTMENT: Engineerin APPROVED BY: & Public Works FINANCIAL STATEMENT: APPROVED: FINANCE ACCOUNT NO. APPROVED: MIS N/A ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION ❑ FINAL ADOPTION STAFF RECOMMENDATION: Adopt Resolution accepting and authorizing t the City Manager to execute and file the Land Use Covenant and Agreement between the City of National City (City) and the Department of Toxic Substances Control (the Department) for the property comprising of the following Assessor's Parcel Numbers: 559-104-10, 560-206-07, 560-391-05, 559-124.06, 559-125-16, and 559-125-15, (formerly the National City Public Works Yard Park -Side) now Paradise Creek Educational Park. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Explanation 2. Land Use Covenant and Agreement with Exhibits 3. Resolution 125 of 252 Explanation On October 16, 2018, City Council adopted Resolution No. 2018-182 awarding a contract for the Paradise Creek Park Site Remediation and Improvements Project, CIP No. 18-07 which provided the site remediation, grading and infrastructure improvements necessary to construct a new approximately 4-acre Community Park (under a separate phase) to include walking paths, community garden, playground and other amenities on the west side of Paradise Creek between W. 22nd Street and W. 19th Street. The site remediation was done in conformance with the Removal Action Workplan ("RAW") approved by the Department of Toxic Substances Control (the "Department"). The RAW evaluated cleanup alternatives for addressing the lead -impacted soil. The approved RAW document included removal and off -site disposal of lead - impacted soil, placement of a clean layer of soil above the entirety of the proposed park, and required a Land Use Covenant to restrict specific activities pursuant to California Civil Code Section 1471 and Health and Safety Code Section 25202.5. The remediation of the site was completed in December 2019 through the excavation and off -site disposal of lead containing subsurface soil. Clean imported fill soil was placed throughout the site and was used as a cover to protect future park visitors from being exposed to the remaining lead in soil. Lead, the hazardous substance that remain at the Property (Assessor's Parcel Numbers: 559-104-10, 560-206-07, 560-391-05, 559-124-06, 559-125-16, and 559-125-15) defined in Exhibit 'A' of the Land Use Covenant - exists 2 feet below the clean imported soil cover. As a result of the presence of the hazardous waste, which are also hazardous materials defined in Health and Safety Code section 25260, the Department has required the City to restrict the use of the property and requires the Land Use Covenant and Agreement ("Covenant") as part of the Department -approved remedy for the property. The Covenant has been reviewed and approved by the Department on August, 2020. The City and the Department agree that the use of the Property be restricted as set forth in the Covenant. Below is a brief summary of the restrictions: 1) Prohibited Uses - The property shall not be used for a hospital for humans, a public or private school for persons under 18 years of age, or a day care center for children. 2) Construction of Buildings or Structure - Health and Safety Code section 25227 must be complied with prior to a structure, including any mobile home or factory -build housing being constructed or installed for use as residential human habitation at the Property. 126 of 252 3) Soil Management - Activities that will disturb the soil at and below 2 feet below grade (e.g., excavation, grading, removal, trenching, filling, earth movement, mining, or drilling) shall be conducted in compliance with a Soil Management Plan pre -approved by the Department in writing. 4) Prohibited Activities - The following activities shall not be conducted at the Property: (a) Drilling for any water, oil, or gas without prior written approval by the Department. (b) Extraction or removal of groundwater without a pre -approval by the Department in writing on a case -by -case basis. (c) Activity that may alter, interfere with, or otherwise affect the integrity or effectiveness of, or .the access to groundwater monitoring, operation or maintenance system or activity required for the Property without prior written approval of the Department. The Department has concluded that the Property, as remediated and when used in compliance with the Environmental Restrictions of this Covenant and Soil Management plan (such as community park and garden with raised beads), does not present an unacceptable risk to present and future human health or safety or the environment. Therefore, staff recommends that the City Council accept and authorize the City Manager to execute and file the Land Use Covenant and Agreement between the City of National City and the Department of Toxic Substances Control for the Property 127 of 252 RECORDING REQUESTED BY: Mr. Brad Raulston City Manager City of National City 1243 National City Boulevard National City, California 91950 WHEN RECORDED, MAIL TO: Department of Toxic Substances Control 5796 Corporate Avenue Cypress, California 90630 Attention: Maryam Tasnif-Abbasi Site Mitigation and Restoration Program SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE LAND USE COVENANT AND AGREEMENT ENVIRONMENTAL RESTRICTIONS County of San Diego, Assessor Parcel Numbers: 559-104-10, 560-206-07, 560-391-05, 559-124-06, 559-125-16 and 559-125-15 National City Public Works Yard Park -side Department Site Code: 401294-11 This Land Use Covenant and Agreement ("Covenant") is made by and between the City of National City ("Covenantor"), and the Department of Toxic Substances Control (the "Department") for the property comprising of the following Assessor's Parcel Numbers (Exhibit A, "Parcel Maps"): 1. 559-104-10; 2. 560-206-07; 3. 560-391-05; 4. 559-124-06; 5. 559-125-16; and, 6. 559-125-15. A physical street address has not yet been assigned to the subject property. However, the property was formerly a -portion of 2100 Hoover Avenue, -National City, in the County of San Diego, State of California (the "Property"). Pursuant to Civil Page 1 128 of 252 Code section 1471, the Department has determined that this Covenant is reasonably necessary to protect present or future human health or safety or the environment as a result of the presence on the land of hazardous materials as defined in Health and Safety Code section 25260. The Covenantor and the Department hereby agree that, pursuant to Civil Code section 1471 and Health and Safety Code section 25202.5, the use of the Property be restricted as set forth in this Covenant and that the Covenant shall conform with the requirements of California Code of Regulations, title 22, section 67391.1. ARTICLE I STATEMENT OF FACTS 1.1. Property Location. The Property that is subject to this Covenant, totaling approximately 3.5 acres, is more particularly described in the attached Exhibit B, "Legal Description", and depicted in Exhibit C, "Plot Plan". The Property is located in the area now generally bounded by West 19th Street to the north, West 22nd Street to the south, Paradise Creek to the east, and Harding Avenue to the west. The Property is also identified as County of San Diego Assessor Parcel Numbers 559-104-10, 560-206-07, 560-391-05, 559-124-06, 559-125-16 and 559-125-15. The Property is zoned for recreational use and is currently developed as a community park. 1.2. Remediation of Property. Investigation and remediation were conducted under the Department's oversight under the authority of Standard Reimbursement Agreement Number 18-T4572 executed on February 21, 2019. The remediation of the Property was completed in December 2019 and included the excavation and disposal of lead containing•subsurface soil at a permitted facility. Clean imported fill soil was placed throughout the Property and was used as a cover to protect future visitors from being exposed to remaining contamination in the soil. Lead, the hazardous substance that remains at the Property, exists about two feet below the clean imported soil cover. The concentrations of lead left in the underlying soil ranges from 21,9 milligram per kilogram (mg/kg) to 1090 mg/kg. 1.3. Basis for Environmental Restrictions. As a result of the presence of hazardous wastes, which are also hazardous materials as defined in Health and Safety Code Section 25260, at the Property, the Department has concluded that it is reasonably necessary to restrict the use of the Property in order to protect present or future human health or safety or the environment, and that this Covenant is required as part of the Department -approved remedy for the Property. - The Department has also Page 2 129 of 252 concluded that the Property, as remediated and when used in compliance with the Environmental Restrictions of this Covenant, does not present an unacceptable risk to present and future human health or safety or the environment. ARTICLE II DEFINITIONS 2.1. Department. "Department" means the California Department of Toxic Substances Control and includes its successor agencies, if any. 2.2. Environmental Restrictions. "Environmental Restrictions" means all protective provisions, covenants, restrictions, requirements, prohibitions, and terms and conditions as set forth in this Covenant. 2.3. Improvements. "Improvements" includes, but is not limited to buildings, structures, roads, driveways, improved parking areas, wells, pipelines, or other utilities. 2.4. Lease. "Lease" means lease, rental agreement, or any other document that creates a right to use or occupy any portion of the Property. 2.5. Occupant. "Occupant" or "Occupants" means Owner and any person or entity entitled by ownership, leasehold, or other legal relationship to the right to occupy any portion of the Property. 2.6. Owner. "Owner" or "Owners" means the Covenantor, and any successor in interest including any heir and assignee, who at any time holds title to all or any portion of the Property. ARTICLE III GENERAL PROVISIONS 3.1. Runs with the Land. This Covenant sets forth Environmental Restrictions that apply to and encumber the Property and every portion thereof no matter how it is improved, held, used, occupied, leased, sold, hypothecated, encumbered, or conveyed. This Covenant: (a) runs with the land pursuant to Civil Code section 1471 and Health and Safety Code section 25202.5; (b) inures to the benefit of and passes with each and every portion of the Property; (c) is for the benefit of, and is enforceable by the Department; and (d) is imposed upon the entire Property unless expressly stated as applicable only to a specific portion thereof. 3.2.---Bindinq upon Owners/Occupants. This Covenant:- (a) binds all Owners of Page 3 130 of 252 the Property, their heirs, successors, and assignees; and (b) the agents, employees, and lessees of the Owners and the Owners' heirs, successors, and assignees. Pursuant to Civil Code section 1471, all successive Owners of the Property are expressly bound hereby for the benefit of the Department; this Covenant, however, is binding on all Owners and Occupants, and their respective successors and assignees, only during their respective periods of ownership or occupancy except that such Owners or Occupants shall continue to be liable for any violations of, or non-compliance with, the Environmental Restrictions of this Covenant or any acts or omissions during their ownership or occupancy. 3.3. Incorporation into Deeds and Leases. This Covenant shall be incorporated by reference in each and every deed and Lease for any portion of the Property. 3.4. Conveyance of Property. The Owner and new Owner shall provide Notice to the Department not later than 30 calendar days after any conveyance or receipt of any ownership interest in the Property (excluding Leases, and mortgages, liens, and other non -possessory encumbrances). The Notice shall include the name and mailing address of the new Owner of the Property and shall reference the site name and site code as listed on page one of this Covenant. The notice shall also include the Assessor's Parcel Number(s) noted on page one. If the new Owner's property has been assigned a different Assessor Parcel Number, each such Assessor Parcel Number that covers the Property must be provided. The Department shall not, by reason of this Covenant, have authority to approve, disapprove, or otherwise affect proposed conveyance, except as otherwise provided by law or by administrative order. 3.5. Costs of Administering the Covenant to Be Paid by Owner. The Department has already incurred and will in the future incur costs associated with this Covenant. Therefore, the Covenantor hereby covenants for the Covenantor and for all subsequent Owners that, pursuant to California Code of Regulations, title 22, section 67391.1(h), the Owner agrees to pay the Department's costs in administering, implementing and enforcing this Covenant. Page 4 131 of 252 ARTICLE IV RESTRICTIONS AND REQUIREMENTS 4.1. Prohibited Uses. The Property shall not be used for any of the following purposes without prior written approval by the Department: (a) A residence, including any mobile home or factory -built housing, constructed or installed for use as residential human habitation; (b) A hospital for humans; (c) A public or private school for persons under 18 years of age; and (d) A day care center for children. 4.2 Soil Management. Soil management activities at the Property are subject to the following requirements in addition to any other applicable Environmental Restrictions: (a) Activities that will disturb the soil at and below 2 feet below grade (e.g., excavation, grading, removal, trenching, filling, earth movement, mining, or drilling) shall be conducted in compliance with a Soil Management Plan pre -approved by the Department in writing. (b) Any soil brought to the surface by grading, excavation, trenching or backfilling shall be managed in accordance with all applicable provisions of state and federal law. 4.3. Prohibited Activities. The following activities shall not be conducted at the Property: (a) Drilling for any water, oil, or gas without prior written approval by the Department. (b) Extraction or removal of groundwater without a pre -approval by the Department in writing on a case by case basis. (c) Activity that may alter, interfere with, or otherwise affect the integrity or effectiveness of, or the access to groundwater monitoring, operation or maintenance system or activity required for the Page 5 132 of 252 Property without prior written approval of the Department. 4.4, Access for Department. The Department shall have reasonable right of entry and access to the Property for inspection, investigation, remediation, monitoring, and other activities as deemed necessary by the Department in order to protect human health or safety or the environment. 4.5. Access for Implementing Operation and Maintenance. The entity or person responsible for implementing the operation and maintenance activities, if any, shall have reasonable right of entry and access to the Property for the purpose of implementing such operation and maintenance activities until the Department determines that no further operation and maintenance activity is required. 4.6. Inspection and Reporting Requirements, The Owner, or its agent, representative, or designee, shall conduct an annual inspection of the Property verifying compliance with this Covenant and shall submit an annual inspection report to the Department for its approval by January 15th of each year. The annual inspection report must include the dates, times, and names of those who conducted the inspection and reviewed the annual inspection report. It also shall describe how the observations that were the basis for the statements and conclusions in the annual inspection report were performed (e.g., drive by, fly over, walk in, etc.). If any violation is noted, the annual inspection report must detail the steps taken to correct the violation and return to compliance. If the Owner identifies any violations of this Covenant during the annual inspection or at any other time, the Owner must within 10 calendar days of identifying the violation: (a) determine the identity of the party in violation; (b) send a letter advising the party of the violation of the Covenant; and (c) demand that the violation cease immediately. Additionally, a copy of any correspondence related to the violation of this Covenant shall be sent to the Department within 10 calendar days of its original transmission. 4.7 Five -Year Review. In addition to the annual reviews noted above, after a period of five (5) years from the effective date of this Covenant and every five (5) years thereafter, Owner shall submit a Five -Year Review report documenting its review of the remedy implemented and its evaluation to -determine if human health and the Page 6 133 of 252 environment are being adequately protected by the remedy as implemented. The report shall describe the results of all inspections, sampling analyses, tests and other data generated or received by Owner and evaluate the adequacy of the implemented remedy in protecting human health and the environment. As a result of any review work performed, DTSC may require Owner to perform additional review work or modify the review work previously performed by Owner. ARTICLE V ENFORCEMENT 5.1. Enforcement. Failure of the Owner or Occupant to comply with this Covenant shall be grounds for the Department to require modification or removal of any Improvements constructed or placed upon any portion of the Property in violation of this Covenant. Violation of this Covenant, such as failure to submit (including submission of any false statement) record or report to the Department, shall be grounds for the Department to pursue administrative, civil, or criminal actions, as provided by law. ARTICLE VI VARIANCE, REMOVAL AND TERM 6.1. Variance from Environmental Restrictions. Any person may apply to the Department for a written variance from any of the Environmental Restrictions imposed by this Covenant. Such application shall be made in accordance with Health and Safety Code section 25223. 6.2 Removal of Environmental Restrictions. Any person may apply to the Department to remove any of the Environmental Restrictions imposed by this Covenant or terminate the Covenant in its entirety. Such application shall be made in accordance with Health and Safety Code section 25224. 6.3 Term. Unless ended in accordance with paragraph 6.2, by law, or by the Department in the exercise of its discretion, this Covenant shall continue in effect in perpetuity. ARTICLE VII MISCELLANEOUS 7.1. No Dedication Intended. Nothing set forth in this Covenant shall be construed to -be -a- gift -or dedication, orofferof -a gift or -dedication, of the Property, or Page 7 134 of 252 any portion thereof, to the general public or anyone else for any purpose whatsoever. 7.2. Recordation. The Covenantor shall record this Covenant, with all referenced Exhibits, in the County of San Diego within 10 calendar days of the Covenantor's receipt of a fully executed original. 7.3. Notices. Whenever any person gives or serves any Notice ("Notice" as used herein includes any demand or other communication with respect to this Covenant), each such Notice shall be in writing and shall be deemed effective: (a) when delivered, if personally delivered to the person being served or to an officer of a corporate party being served; or (b) five calendar days after deposit in the mail, if mailed by United States mail, postage paid, certified, return receipt requested: To Owner: Mr. Brad Raulston City Manager City of National City 1243 National City Boulevard National City, California 91950 And To Department: A.Edward Morelan, PG, CEG Branch Chief Department of Toxic Substances Control Site Mitigation and Environmental Restoration Program 5796 Corporate Avenue Cypress, California 90630 Any party may change its address or the individual to whose attention a Notice is to be sent by giving advance written Notice in compliance with this paragraph. 7.4. Partial Invalidity. If this Covenant or any of its terms are determined by a court of competent jurisdiction to be invalid for any reason, the surviving portions of this Covenant shall remain in full force and effect as if such portion found invalid had not been included herein. 7.5, Statutory References. All statutory or regulatory references include Page 8 135 of 252 successor provisions. 7,6. Incorporation of Exhibits. All exhibits and attachments to this Covenant are incorporated herein by reference. IN WITNESS WHEREOF, the Covenantor and the Department hereby execute this Covenant. Covenantor: By: Name and Title: Brad Raulston, City Manager City of National City Date: Department of Toxic Substances Control: By: Name and Title: A. Edward Morelan, PG, CEG Branch Chief Cypress Cleanup Branch Site Mitigation and Environmental Restoration Program Date: Attachments: Exhibit A, "Parcel Maps Exhibit B, "Legal Description", Exhibit C, "Plot Plan" - Page 9 136 of 252 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On before me, (space above this line is for name and title of the officer/notary), personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal, (seal) Signature of Notary Public Page 10 137 of 252 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On before me, (space above this line is for name and title of the officer/notary), personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument, certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal, (seal) Signature of Notary Public Page 11 138 of 252 Exhibit A "Paracel Map" Page 12 139 of 252 06 559-101-106 1 HWY OP 1 XI-SD-2 _ _ J N INTERSTATE SAN DIEGO COUNTY ASSESSOR'S MAP BOOK 559 PG 10 cc 1B72:1 2 48 er o. I 72 00.r " . 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MAP 348 - NATIONAL CITY RE -FILED ROS 11210, 13498 560-20 1 ••=10D 03/03/2017 MSP CHANGES BLK OLD NEW YR CUT 242 sl" 4.6 9073 arra 703 704 205 4 v. 2f4 rref �gL rr 7 5R76 72 76 78 4r51 55/9 5808 :D5 r, 2 3 8o /44 7 204 5474E 60 5504 20/ 20/4 203 ' 3 r 2 .7A.. 3 1B 6S62A 6t1 2449 204 1.3 4145 04 1965 206 355 8.6 14 1537 206 8 206 6 Sri! 5! f/ 15 5572 17 4702 06 COOLIDGE AVE 20TH-ST 01 560-391-05 SAN DIE00 COUNTY ASSESSOR'S MAP BOON'560 PAGE 39 F. c1 -1 .r22 — — 2° 21 i41— 3 20 2.1 AC I' I— 419_ BL 5 I 85 ▪ _�6 17 U. 1--1• .7 —I F— 16 —1 1 — I — —1 u 14 i —1 1—at —! -1 —"Z — 1— /� — — t..l.... sr.....24T e1r5N..l. 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ROOSEVELT PAGE A-3 CLSO 19 F— 18_21 — F— 17— — _ _ I—- _ — 8-5 F-15— — 9 a 14 — tO��d j3 ?a STf CLSD I rss ST ST 0CLSD r zs"et s.m... w 1 21 3 ly 20 4 ' Ii:i 9 — 5 t �8 — — _6 a 17 _ BLK. 7 I' 6 22 _ —zo— 8 •+�5 9 • �14 �� 710 13 nick aA -- tt ~`f 1J 7• 0 MAP 348 — NATIONAL CITY RE —FILED 100 Li Z J L D] J z 0 ¢ Q z Z '- O Q z 20TH ST 26 27 560-39 1"=100' 01/28/2015 ACR CHANGES BLK OLD 1•EW YR CUT 31.5 392, 39/ 394 Ark w $Saint 210-4 /0 6-/0 /0 /0-18 f.6 67 72 73 2235 .3452 4151 4994 391 ifs 792 393 393 394 S 6-10 'll. �3 aarl4t /3-/6 6/Wb // 511191 SANE SAME 19470 74 76 79 86 81 8/ 4601 10/4 5847 500a 6704 3B1/ 391 395 es° 487 JA F 42 5628 /662 393 r42 94 5530 394 393 Io;/8 42 SYa.Spf 4 392 393 395 394 ii fiR 4 4 10 39 95 r 95 12 3 01 21822 06 /337 4608 4610 2128 2007 391 391 ate! teas 11112 11612 Wd Gl 14 15 1537 5572 06 559-121-126 1 ao W 1' 1 HWY. 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PAGE A-4 MAP 348 - NATIONAL CITY REFILED ROS 992B, 10642 H774 ItEr 559 - 12 01/28/2015 ACR CHANGES BLK OLD NEW YR CUT 12/ 123 /24 f25 k /1 Xfr� 110Z xr 144L 5 /7 d 71 344E 122 13 124 /21 13414 2,3 9 1,t2 11 l2 73 75 75 447s 5734 4493 /2/ /0 /3e /4 124 9 134/4 '78 57.5 124 /D /5+/9 R6 /26 /734/+ /Y6 .24 /2/ 1,0 el Midi /71.9/ /9 20 /s B2 /3/3 5407 /644 12 La 17f `7 SAME 6-8 87 14 S49/ 1537 124 8 .r s,w 15 5572 06 559-121-126 50 1 1 1 1 cE 1 0 1 1 1 N HWY. OP XI-SD-2 SAN DIEGO COUNTY ASSESSOR'S MAP BOOR 559 PG 12 0.50 AC m M — ST '0 .v>2 .626-L 17117 n5 I -: I OS a I6 Z 95 AC _ BLK. 7 �/ sY•'" 20m 13G '•� ST. es i SDI eST OLSO 22 210 " 20 m BLK �T z 4 0- 0 n 11 2 i7 9' - i0 7. 20 /d 171 / 7(Sj /30D /s(12 2 y e3 19 CL5O. I �e ,a l.. 7 14 L en 2 0 J_ e0 EXIT A PA GE-L-MAPS PARADISE CREEK PARK STREET % NATIONAL CITY, CALIFORNIA_ a 4, 22 quo 1 2/h/ 1T 70 •�� r — 52.; /9® , St i 315 '. 10 `1 22 5)4 .,. Cs' 22 N D 00 4 'o HARDING ;0,,t 03 �22 — 2 21 132 AC 4 ATV n -1 1— 7 6 —: - 9 _3 MAC e -1_7 !0 I"-22 21 J1— — —I 20 L 5 D 40 / n rarvnv �_ ur 9 le 1.47 ALI 10 ,FT 6 � 1 -1 7 -- I t 1-6 -i e - 1— - I 9 /A 3 I " — /0 ti h 13 3 yt I.VVL1Ub6 4113 11.:'76OOE 100 4-- % ST. THIS MAP WAS PREPARED FOR ASSESSMENT PURPOSES ONLY ND LIABILITY IS ASSUMED FOR THE ACCURACY OF THE DATA SHOWN. ASSESSOR'S PARCELS MAY NOT COMPLY WITH LOCAL SUBDIVISION OR BUILDING ORDINANCES. PAGE A-5 MAP 348 - NATIONAL CITY REFILED ROS 9928, 10642 559 - 12 01/28/2015 ACR CHANGES ELK OLD 1'EIM 121 23 124 las 122 126 126 121 IkeP8 /1 x41ti 5 II (12 17 13114 18 2lnkysw 2,3 11,12 9 1/1/2 /2/ /0 131'14 VAx 71 73 75 �5 7- 1442 344E 6471 736 4493 /265 /26 /2G /2G 9 13 04 /O As/0 3t /75/91 // /9 78 576 20 J",1"20 /3/3 /260 /.2/ /5 82 se 5,0t /624 12 (0 57 ,5691 124 5 6-8 14 1537 124 8 SUY: s11r m 15 5572 Exhibit B "Legal Description" Page 13 145 of 252 EXHIBIT B LEGAL DESCRIPTION PARADISE CREEK PARK NATIONAL CITY, CALIFORNIA A portion of Blocks 84, 107, 108, 109, and 150 as shown on Map No. 348, Filed March 1852 in the Office of the County Recorder of San Diego County, more particularly described as follows: PARCEL 1 COMMENCING at a lead and tag stamped "SD CITY ENG" per Record of Survey No. 14492, filed March 31, 1994 as File No. 1994-0214720, said monument being Point 1278 on said Record of Survey and bears South 01°54'18" West 2750.14 feet from a 2 1/2" brass disc in a standard well monument stamped "RCE 27399" being Point 1232 per said Record of Survey No. 14492; Thence North 08°07'16" West 657.90 feet to a point in the northerly right of way line of 22nd Street and the TRUE POINT OF BEGINNING; Thence along the centerline of the closed alley in said Block 150, North 17'45'34" West 250.000 feet to a point on the southerly right of way line of 21 S` Street; Thence along said southerly right of way line North 72°14'26" East 86.05 feet to the beginning of a tangent curve concave southerly and having a radius of 36.00 feet; Thence leaving said right of way line, along said curve easterly 13.23 feet through a central angle of 21°03'09" to a point of reverse curvature with a curve concave northwesterly having a radius of 84.00 feet, a radial line of said curve from said point bears North 03°17'35" East; Thence along said curve northerly 194.05 feet through a central angle of 132°21'46" to a point of reverse curvature with a curve concave northeasterly having a radius of 36.00 feet, a radial line of said curve from said point bears North 50°55'49" East; Thence along said curve northerly 13.38 feet through a central angle of 21°17'22" to a point on the easterly right of way line of Harding Avenue; Thence along said easterly right of way line North 17°46'49" West 250.70 feet to a point on the centerline of 20th Street; Thence along said centerline North 72° 13' 55" East 143.03 feet; Thence leaving said centerline North 17°44'32" West 40.00 feet to a point on the northerly right of way line of 20`" Street; Thence along said northerly right of way line North 72°1355"East 2.00 feet; Thence North 17°44'32" West 150.37 feet to the northerly line of Lot 18 of said Block 109; Thence along said northerly line and its extension North 72°15'28" East 145.02 feet to a point on the centerline of Coolidge Avenue; Thence North 72°19'21" East 7.42 feet; Thence South 72° 11' 18" East 123.81 feet; Thence South 19°53'27" West 901.18 feet; Thence South 17°45'34" East 25.47 feet to the northerly right of way line of 22nd Street; Thence along said northerly right of way line South 72°39'15" West 52.61 feet to TRUE POINT OF BEGINNING. CONTAINING: 3.04 Acres, more or less. SUBJECT TO all covenants, rights, right-of-way and easements of record. EXHIBIT "B" is attached and made a part hereto. Peter C. Golding, PLS 4768 License Expires: 3-31-20 PAGE B-1 146 of 252 TOTAL PARCEL AREA EXHIBIT B LEGAL DESCRIPTION PARCEL AREA = 3.04 ACRESPARADISE CREEK PARK ATIONA CIT , CALIFORNIA/ 1 // 797716T. N�� /l .,��! / SCALE 1 "=200' ti I—BL}S 48—I I—^o / o/ 1 -R. S O'028 1 I a 1 ' / F I i.< -jog I I I 20TH ST. a HBLK 140 1 �L11� 21ST ST. T.P.O.B. P.O.B. BLK J07 / FOUND 2 1/2" BRASS D/SC IN WELL STAMPED "RCE 27399" PT 1232 PER ROS 14492. N=1, 824, 035.47 E=6,298,132.69 BLK 84 B�K 86 MAP 8%8 22ND ST. FOUND LEAD & TAG STAMPED "SD CITY ENG" PT. 1278 PER ROS 14492. N=1, 821,286.85 E=6, 298, 041.27 THIS PLAT WAS PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYOR'S ACT ON NOVEMBER 16, 2018. C. ./ZJ I / 0 7- /tY PETER C. GOLDING L.S. 4768 EXHIBIT BLK 88 §1 ti N V 15092 AVENUE OF SCIENCE, SUITE 200 SAN DIEGO, CA 92128 P: 858.385.0500 WWW.NV5.COM PARADISE CREEK PARK NATIONAL CITY PREPARED FOR: PORnhi GEL �11 DATE SUBMITTED: 11-18-18 SHEET NUMBER 1 OF 2 SHEETS JOB NUMBER 22561' "^^^"' ^' N: \226817-0000241- 03\CADD\SURVEY\241 _03_PLAT. DWG 147 of 252 LINE BEARING LENGTH L 1 N72'1426"E 86.05 L2 N17'44'32"W 40.00 L3 N72'13'55"E 2.00 1 L4 N72'19'21 "E 7.42 L5 S1745J4"E 25.47 L6 57239'15"W 52.61 21ST ST. paHIBIT B LEGAL PARADI E C�T�K N72'15'28 "E 145.02' NATIONAL FITY, CALIFOIJIIA 1\1 IN rl- � o r\� N72'13`55"E .�- 143.03' 20TH ST BL.K 149 1 C7 co/ 4)/ T.P,O,B.' L6 SCALE 1"=100' 7'46'49"W 250.70' v PARCEL 1 NATIONAL CITY PARADISE CREEK PARK 22ND ST E3L}S 108 MAP 348 i3Li< 107 L4 T BLK 84 B DS 86 Curve # Delta Radius Length Cl 21 '03'09 " 36.00 13.23 C2 132 21 '46" 84.00 194.05 C3 21'17'23 H 36.00 13,38 N V 5 15092 AVENUE OF SCIENCE, SUITE 200 SAN DIEGO CA 92128 P; 858,385�.0500 WWW.NV5.COM PARADISE CREEK PARK NATIONAL CITY SHEET. NUMBER 2 OF 2 SHEETS PREPARED FOR: rom1 R��i igLy DATE SUBMITTED: 11-18-18 N: \226817-0000241-03\CADD\SURVEY\241 _03_PLA7. DWG JOB NUMBER 22681' nnnnwi Al 148 of 252 Exhibit C "Plot Plan" Page 14 149 of 252 •6.1 .66! APN: 559-105� APN: 559-105-06 1 1 1 APN: 559.105-12 20TH ST T----T—T I I I I 6 I I I I APN: 659.122.15 559-122-10 I� APN: 559-122-09 APN: 559-122-08 APN: 659-122-07 03 1 1 APN:569422.66 1 21ST ST 1AAPN: 559-125-09 APN:559-125-10 ANN:659-125-17 APN:569-125-13 APN: 659-125-14 IJ 1BTH ST EXHIBIT-C 7 PLOT PLAN PARADISE CREEK PARK NATIONAL CITY, CALIFORNIA 19TH ST APN: 559-104.14 APN:569-104.13 APN: 659-104.16 APN:650-104-05 APN. 559.104-02 I 405:559.154-11 I— I Q I APN: 659-104.03 APN: 559.124.05 22ND ST EOOIN19 APN: 560-291-06 / / I � I I I APN: 560-201-01 I I APN: 660.206.061,1 1 0 O 2 I APN: 660400•07 1 / I I APR 560-206-06 I I APN:560.391-11 T - - APN: 660.202.01 APN:560-202.07 APN:660.202-09 I ' APN; 560.205-03 APN: 505.392.11 I` 1 1u)fi::lr— NATxONA16-CI F CffY OF NATIONAL MY woo CRAPES° SCALE o• 2r so' ram 0011E 1 =30' PAGE C-1 NIV V nrncat Re I506 MOM a 0i100 9AR 800 640 DM 65 6915 856/815405 1El 656399.610 FAY W1145.VN ns 150 of 252 RESOLUTION NO. 2020 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE COVENANT'S CONDITIONS AND RESTRICTIONS AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND FILE THE LAND USE COVENANT AND AGREEMENT BETWEEN THE CITY OF NATIONAL CITY (CITY) AND THE DEPARTMENT OF TOXIC SUBSTANCES CONTROL (THE DEPARTMENT) FOR THE PROPERTY COMPRISING OF THE FOLLOWING ASSESSOR'S PARCEL NUMBERS: 559-104-10, 560-206-07, 560-391-05, 559-124-06, 559-125-16, AND 559-125- 15, (FORMERLY THE NATIONAL CITY PUBLIC WORKS YARD PARK -SIDE) NOW PARADISE CREEK EDUCATIONAL PARK WHEREAS, on October 16, 2018, City Council adopted Resolution No. 2018-182 awarding a contract for the Paradise Creek Park Site Remediation and Improvements Project, CIP No. 18-07 which provided the site remediation, grading and infrastructure improvements necessary to construct a new approximately 4-acre Community Park (under a separate phase) to include walking paths, community garden, playground and other amenities on the west side of Paradise Creek between West 22nd Street and West 19th Street; and WHEREAS, the site remediation was done in conformance with the Removal Action Workplan ("RAW") approved by the Department of Toxic Substances Control (the "Department"); and WHEREAS, the approved RAW document included removal and off -site disposal of lead -impacted soil, placement of a clean layer of soil above the entirety of the proposed park, and required a Land Use Covenant to restrict specific activities pursuant to California Civil Code Section 1471 and Health and Safety Code Section 25202.5; and WHEREAS, the remediation of the site was completed in December 2019 through the excavation and off -site disposal of lead containing subsurface soil; and WHEREAS, clean imported fill soil was placed throughout the site and was used as a cover to protect future park visitors from being exposed to the remaining lead in the soil; and WHEREAS, Lead, the hazardous substance that remain at the Property (Assessor's Parcel Numbers: 559-104-10, 560-206-07, 560-391-05, 559-124-06, 559-125-16, and 559- 125-15) exists 2 feet below the clean imported soil cover; and WHEREAS, as a result of the presence of the hazardous waste, which are also hazardous materials defined in Health and Safety Code section 25260, the Department has required the City to restrict the use of the property and requires the Land Use Covenant and Agreement ("Covenant") as part of the Department -approved remedy for the property; and WHEREAS, the Covenant has been reviewed and approved by the Department on August, 2020. The City and the Department agree that the use of the Property be restricted as set forth in the Covenant; and WHEREAS, the Department has concluded that the Property, as remediated and when used in compliance with the Environmental Restrictions of this Covenant and Soil Management plan (such as a community park and garden with raised beads), does not present an unacceptable risk to present and future human health or safety or the environment; and 151 of 252 Resolution No. 2020 — Page Two WHEREAS, City Staff recommends that the City Council accept and authorize the City Manager to Execute and file the Land Use Covenant and Agreement between the City of National City and the Department of Toxic Substances Control for the Property. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby accepts the Covenant's conditions and restrictions and authorizes the City Manager to Execute and file the Land Use Covenant and Agreement between the City of National City and the Department of Toxic Substances Control for the property comprising of the following Assessor's Parcel Numbers: 559-104-10, 560-206-07, 560-391-05, 559-124-06, 559-125-16, and 559-125-15, (formerly the National City Public Works Yard Park -Side) now Paradise Creek Educational Park. PASSED and ADOPTED this 1st day of September 2020. Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones, City Attorney 152 of 252 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City waiving the bid process pursuant to Section 2.60.260 of the National City Municipal Code and authorizing the Mayor to execute a five year Agreement with Granicus, LLC in the total not -to -exceed amount of $112,856 to upgrade and support Granicus Website Content Management System. (IT) Please scroll down to view the backup material. 153 of 252 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 1, 2020 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City waiving the bid process pursuant to section 2.60.260 of the National City Municipal Code and authorizing the Mayor to execute a five year agreement with Granicus, LLC in the total not -to -exceed amount of $112,856.00 to upgrade and support Granicus Website Content Management System. PREPARED BY: Ron Williams PHONE: 619-336-4373 EXPLANATION: DEPARTMENT: City APPROVED BY: ffice The City of National City's website is due for a site improvement upgrade. The proposed upgrade option (Innovator) will provide improved mobile device responsiveness and a more user-friendly web experience. The proposed upgrade will also provide additional functionality in the content management system while maintaining the consistent look and feel of the GovAccess Platform. This will greatly reduce the learning curve for staff responsible for maintaining departmental webpages. The current website pages will be migrated and checked to ensure compliance with the latest web accessibility standards. The five year costs for the upgrade, licensing and support are itemized in Attachment 1. FINANCIAL STATEMENT: APPROVED: `7/1/ Finance ACCOUNRO. APPROVED: IT Project is budgeted in account 629-403-082-299-0000 ENVIRONMENTAL REVIEW: This project is not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Staff recommends Council waive the formal bidding requirements as allowed in Chapter 2.60.220(d) of the Municipal Code, and award the contract to Granicus, LLC. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Attachment 1: Background Attachment 2: Contract 154 of 252 National City Website Upgrade Background In 2016, the City of National City executed a five-year contract with Vision Internet to upgrade and host its website and VisionLive Content Management System (Application used to edit and create webpages). The upgrade provided the City of National City with improved website capabilities which facilitated more efficient interaction with the public and management of website content. In 2018 Vision Internet was acquired by Granicus, LLC. The VisionLive Content Management System was integrated into the Granicus GovAccess Platform. The integration allowed the content management system to maintain the same "look and feel". This is critical after any upgrade because it mitigates the amount of time needed to learn a new system to manage the website. The proposed upgrade will implement the Innovator option of the Granicus GovAccess Platform. This will provide a modernized web architecture that meets the interactive and adaptability requirements of modern mobile devices and applications used by the public to access City services and information via the web. Costs The following costs are proposed by Granicus, LLC to implement the Innovator upgrade option, annual licensing and support for five years. Year Services Credit Total 1 Licensing/Support ($17,017.09) Innovator Upgrade Option ($25, 425.00) Site Improvement credit -$6,600 $35,842.09 2 GovAccess Licensing/Support ($17, 867.94) $17,867.94 3 GovAccess Licensing/Support ($18, 761.34) $18,761.34 4 GovAccess Licensing/Support ($19, 699.41) $19,699.41 5 GovAccess Licensing/Support $20,684.38) $20,684.38 112855.16 155 of 252 Staff Recommendation Staff recommends Council waive the formal bidding requirements as allowed in Chapter 2.60.220(d) of the Municipal Code, and award the contract to Granicus, LLC to upgrade the website and content management system. 156 of 252 DoeuSign Envelope ID: 65AD955A-CBOB-4C04-A52C-DF9884FE8TAA AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND GRANICUS, LLC THIS AGREEMENT is entered into on this 1st day of September, 2020, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and GRANICUS, LLC, a limited liability company (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide GovAccess Innovator level website design, implementation, maintenance and support services. WHEREAS, the CITY has determined that the CONSULTANT is a Web Services Integrator and is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CITY agrees to engage the CONSULTANT to provide GovAccess Innovator level website design, implementation, maintenance and support, and the CONSULTANT agrees to perform the services set forth here in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services shall be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement will become effective on September 1, 2020. The duration of this Agreement is for the period of September 1, 2020 through August 31, 2025. Completion dates or time durations for specific portions of the project are set forth in Exhibit "A". This Agreement may be extended by mutual agreement upon the same terms and conditions for an additional one (1) year term. The Parties may exercise up to three one-year extensions. Any extension of this Agreement must be approved in writing by the City Manager. 3. SCOPE OF SERVICES. The CONSULTANT will perform services as set forth in the attached Exhibit "A" The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONSULTANT shall appear at meetings specified in Exhibit "A" to keep staff and City Council advised of the progress on the project. The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith 157 of 252 DocuSign Envelope 1D: 85AD955A-CBOB-4C04-A52C-DF9884FE87AA and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services. 4. PROJECT COORDINATION AND SUPERVISION. Lauren Maxilom hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Thomas Raville thereby is designated as the Project Director for the CONSULTANT. 5. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on billings covering actual work performed as outlined in Exhibit A. The total cost for all work described in Exhibit "A" shall not exceed $112,856, The compensation for the CONSULTANT'S work shall not exceed the rates set forth in Exhibit "A". Invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A", as determined by the CITY. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred, and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY, and for furnishing of copies to the CITY, if requested. 6. ACCEPTABILITY OF WORK. The CITY shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement, and the amount of compensation due. In the event the CONSULTANT and the CITY cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT in this Agreement, the CITY or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the CITY shall each prepare a report which supports their position and file the same with the other party. The CITY shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT. 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications, and other documents prepared by the CONSULTANT solely and exclusively for this project, whether paper or electronic, shall: (1) be free from defects; (2) become the property of the CITY for use with respect to this project; and (3) shall be turned over to the CITY upon completion of the project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CITY, and CONSULTANT thereby expressly waives and disclaims any copyright in, and the right to reproduce, all written material, drawings, plans, specifications, or other work prepared solely and exclusively under this Agreement, except upon the CITY' S prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. Standard Agreement Page 2 of 12 Revised May 2019 Granicus, LLC City of National Cily and 158 of 252 DocuSlgn Envelope ID: 65AD955A-CB0B-4C04-A52C-DF9884FE87AA The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium, or method utilize the CONSULTANT'S written work product for the CITY'S purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings, or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14, but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of Services of this project, unless otherwise mutually agreed. 8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT'S employees are employees of the CITY, and are not entitled to any of the rights, benefits, or privileges of the CITY'S employees, including but not limited to retirement, medical, unemploy- ment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT'S employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement, nor any interest herein, may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or SUBCONSULTANTS, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its SUBCONSULTANT(S) shall require the SUBCONSULTANT(S) to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CITY, nor its officers, agents, or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT'S employees, except as set forth in this Agreement. The CONSULTANT, or the CONSULTANT'S agents, servants, or employees are not in any manner agents, servants, or employees of the CITY. The CONSULTANT and its agents, servants, and employees are wholly independent from the CITY and CONSULTANT'S obligations to the CITY are solely prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable state and federal statutes and regulations, and all applicable ordinances, rules, and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT and each of its SUBCONSULTANT(S), shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. CONSULTANT must promptly produce a copy of any such license, permit, or approval to CITY upon request. The CONSULTANT represents and Standard Agreement Page 3 of 12 Revised May 2019 Granicus, LLC City of National City and 159 of 252 DowSign Envelope ID: 65AD955A-CBOB-4C04-A52C-DF9884FE87AA covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 12. STANDARD OF CARE. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT'S trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT S employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this Agreement, the CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONSULTANT'S professional performance or the furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -section will render the CONSULTANT liable to the CITY for any increased costs that result from the CITY'S later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 14, however, shall not Standard Agreement Page 4 of 12 Revised May 2019 Granicus, LLC City ofNational City and 160 of 252 DocuSign Envelope ID: 65AD955A-CBOB-4C04-A52C-DF9884FE87AA apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONSULTANT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 15. 15. INDEMNIFICATION AND HOLD HARMLESS. To the maximum extent provided by law, The CONSULTANT agrees to defend, indemnify and hold harmless the City of National City, its officers, officials, agents, employees, and volunteers against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting directly from the CONSULTANT'S performance or other obligations under this Agreement; provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the CITY, its agents, officers, employees or volunteers. CITY will cooperate reasonably in the defense of any action, and CONSULTANT shall employ competent counsel, reasonably acceptable to the City Attorney. The indemnity, defense, and hold harmless obligations contained herein shall survive the -termination of this Agreement for any actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement. 16. EMPLOYEE PAYMENTS AND INDEMNIFICATION. 16.1 PERS Eligibility Indemnification. If CONTRACTOR's employee(s) providing services under this Agreement claims, or is determined by a court of competent jurisdiction or the California Public Employees Retirement System ("PERS") to be eligible for enrollment in PERS of the CITY, CONTRACTOR shall indemnify, defend, and hold harmless CITY for the payment of any employer and employee contributions for PERS benefits on behalf of the employee as well as for payment of any penalties and interest on such contributions which would otherwise be the responsibility of the CITY. CONTRACTOR'S employees providing service under this Agreement shall not: (1) qualify for any compensation and benefit under PERS; (2) be entitled to any benefits under PERS; (3) enroll in PERS as an employee of CITY; (4) receive any employer contributions paid by CITY forPERSbenefits; or (5) be entitled to any other PERS-related benefit that would accrue to a CITY employee. CONTRACTOR's employees hereby waive any claims to benefits or compensation described in this Section 16. This Section 16 applies to CONTRACTOR Standard Agreement Page 5 of 12 City of National City and Revised May 2019 Granicus, L LC 161 of 252 DocuSign Envelope ID: 65AD955A-CBOB-4CO4-A52C-DF9884FE87AA notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary. 16.2 Limitation of Liability. The payment made to CONTRACTOR under this Agreement shall be the full and complete compensation to which CONTRACTOR and CONTRACTOR's officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither CONTRACTOR nor CONTRACTOR' s officers, employees, agents, and subcontractors are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to CITY employees. The CITY will not make any federal or state tax withholdings on behalf of CONTRACTOR. The CITY shall not be required to pay any workers' compensation insurance on behalf of CONTRACTOR. In no instance shall CONTRACTOR'S liability to the CITY under this Contract exceed two (2) times the total amounts the CITY pays for the CONTRACTOR's goods and. services. 16.3 Indemnification for Employee Payments. CONTRACTOR agrees to defend and indemnify the CITY for any obligation, claim, suit, or demand for tax, retirement contribution including any Contribution to PERS, social security, salary or wages, overtime payment, or workers' compensation payment which the CITY may be required to make on behalf of (1) CONTRACTOR, (2) any employee of CONTRACTOR, or (3) any employee of CONTRACTOR construed to be an employee of the CITY, for work performed under this Agreement. This is a continuing obligation that survives the termination of this Agreement. 17. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Labor Code and all amendments thereto; and all similar State or federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, employees, and volunteers from and against all claims, -demands, payments, suits, actions, proceedings, and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 18. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its SUBCONSULTANT(S), whenapplicable, to purchase and maintain throughout the term of this Agreement, the following insurance policies: A. ❑ If checked, Professional Liability. Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile Insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single Limit per accident. Such automobile insurance shall include non -owned, and hired vehicles. The policy shall include the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. C. Commercial General Liability Insurance, with minimum limits of either $2,000,000 per occurrence and $4,000,000 aggregate, or $1,000,000 per occurrence and $2,000,000 aggregate with a $2,000,000 umbrella policy, covering all bodily injury and property Standard Agreement Page 6 of 12 Revised May 2019 (,ranicus, LLC City of National City and 162 of 252 DocuSign Envelope ID: 65AD955A-CBOB-4C04-A52C-DF9884FE87AA damage arising out of its operations, work, or performance under this Agreement. The policy shall include the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "project" or "location". The "project" or "location" should be noted with specificity on an endorsement that shall be incorporated into the policy. D. Workers' Compensation Insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the CITY. Said endorsement shall be provided prior to commencement of work under this Agreement. If CONSULTANT has no employees subject to the California Workers' Compensation and Labor laws, CONSULTANT shall execute a Declaration to that effect. Said Declaration shall be provided to CONSULTANT by CITY. E. Technology Professional Liability (Errors and Omissions) in an amount of at least $1,000,000.00 per occurrence. F. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, officials, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. CONSULTANT shall provide thirty (30) days prior written notice to the CITY's Risk Manager, at the address listed in subsection G below, of cancellation or material change of any policies. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. H. The Certificate Holder for all policies of insurance required by this Section shall be: City of National City c/o Risk Manager 1243 National City Boulevard National City, CA 91950-4397 I. Insurance shall be written with only insurers authorized to conduct business in California that hold a current policy holder's alphabetic and financial size category rating of not less than A:VII according to the current Best's Key Rating Guide, or a company of equal financial stability that is approved by the CITY' S Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent List of Approved Surplus Line Insurers ("LASLI") and otherwise meet rating requirements. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY'S Risk Manager. If the CONSULTANT does not keep all insurance policies required by this Section 18 in full force and effect at all times during the term of this Agreement, the CITY may treat the failure to maintain the requisite insurance' as a breach of this Agreement and terminate the Agreement as provided herein. K. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. CITY reserves the right to modify the insurance Standard Agreement Page 7 of 12 City of National City and Revised May 2019 Granicus, LLC 163 of 252 DocuSign Envelope ID: 65AD955A-CBOB-4C04-A52C-DF9884FE87AA requirements of this Section 18, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. L. If the CONSULTANT maintains broader coverage or higher limits (or both) than the minimum limits shown above, the CITY shall be entitled to the broader coverage or higher limits (or both) maintained by the CONSULTANT. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY. 19. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in' the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party -if -other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespectiveof the actual amount of attorney's fees incurred by the prevailing party. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY or CONSULTANT. Termination without cause shall be effective only upon 90-day's written notice to the other party. During said 90-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated upon 60-day's prior written notice by either party to the other for cause in the event of a material breach of this Agreement, misrepresentation in connection with the formation of this Agreement or the performance of services, or the failure to perform services. During said 60-day period, the non -terminating party may seek to cure the breach, and if the breach remains uncured at the end of the 60-day period, the Agreement may be terminated. C. Termination with or without cause shall be effected by delivery of written Notice of Termination as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT specifically and exclusively pursuant to this Agreement, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONSULTANT'S breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 7. 2 L. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or Standard Agreement Page 8 of 12 Revised May 2019 Granicus, LLC City of National City and 164 of 252 Docusign Envelope ID: 65AD955A-C13OB-4C04-A52C-DF9884FE87AA sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, •mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: Lauren Maxilom Management Analyst II City Manager's Office City of National City 1243 National City Boulevard National City, CA 91950-4397 To CONSULTANT: Thomas Raville Account Manager Granicus 1999 Broadway, Suite 3600 Denver, Colorado 80202 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty- eight (48) hours by letter mailed or delivered as specified in this Section. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Standard Agreement Revised May 2019 Page 9 of 12 City of National City and Granicus, LLC 165 of 252 DocuSign Envelope ID: 65AD955A-C80S-4C04-A52C-DF9884FE87AA Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Section 22 by the CONSULTANT. 23. PREVAILING WAGES. State prevailing wage rates may apply to work performed under this Agreement. State prevailing wages rates apply to all public works contracts as set forth in California Labor Code, including but not limited to, Sections 1720, 1720.2, 1720.3, 1720.4, and 1771. Consultant is solely responsible to determine if State prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations. 24. ADMINISTRATIVE PROVISIONS. A. Computation of Time Periods, If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state, or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. C. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. To the extent any exhibits, schedules, or provisions thereof conflict or are inconsistent with the terms and conditions contained in this Agreement, the terms and conditions of this Agreement shall control. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Assignment & Assumption of Rights. CONSULTANT shall not assign this Agreement, in whole or in part, to any other party without first obtaining the written consent of CITY. Notwithstanding the foregoing, CONSULTANT may assign its rights under this Agreement in full, without the CITY's prior written consent, in the event of any successor or assign that has acquired all, or substantially all, of the CONSULTANT'S business by means of a merger, acquisition, stock purchase, asset purchase, or otherwise. H. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. I. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. The venue for any legal action arising under Standard Agreement Page 10 of 12 City of National City and Revised May 2019 Granicus, LLC 166 of 252 DocuSign Envelope ID: 65AD955A-CBOB-4C04-A52C-DF9884FE87AA this Agreement shall be in either state or federal court in the County of San Diego, State of California. J. Audit. If this Agreement exceeds ten -thousand dollars ($10,000), the parties shall be subject to the examination and audit of the State Auditor for a period of three (3) years after final payment under the Agreement, per Government Code Section 8546.7. K. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. L. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. • M. Subcontractors or Subconsultants. The CITY is engaging the services of the CONSULTANT identified in this Agreement. The CONSULTANT shall not subcontract any portion of the work, unless such subcontracting was part of the original proposal or is allowed by the CITY in writing. In the event any portion of the work under this Agreement is subcontracted, the subconsultant(s) shall be required to comply with and agree to, for the benefit of and in favor of the CITY, both the insurance provisions in Section 18 and the indemnification and hold harmless provision of Section 15 of this Agreement. N. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and Such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. [END OF AGREEMENT — SIGNATURES APPEAR ON NEXT PAGE] IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY GRANICUS, LLC ,Co.. ef.. _ fee t* (Partnership or S kpr" ' i°t r "tip _ n ture) By: Alejandra Sotelo Solis, Mayor Standard Agreement Revised May 2019 By: Page 11 of 12 DocuStgned by: City of National City and Granicus, LLC 167 of 252 DocuSign Envelope ID: 65AD955A-CBOB-4C04-A52C-DF9884FE87AA APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney By: Mark Hynes (Print) Chief Executive Officer (Title) (7,EDocuSigned by: ,te By: VaINIA. 6iiat )6A33B9B4E141A... Dawn Kubat Nicole Peclone (Print) Senior Assistant City Attorney Vice President of Legal (Title) Standard Agreement Page 12 of 12 City of National City and Revised May 2019 Granicus, LLC 168 of 252 DocuSign Envelope ID:•65AD955A-CBOB-4C04-A52C-DF9884FE87AA 1 AN iJS EXHIBIT A Exhibit A: Granicus Proposal for National City, CA Granicus Contact Name: Thomas Raville Phone: 415-408-7931 Email: thomas.raville@granicus.com Proposal Details Quote Number: Q-96152 Prepared On: 7/17/2020 Valid Through: 8/31/2020 Ir►ciing" Payment Terms: Net 30 (Payments for subscriptions are due at the beginning of the period of performance.) Currency: USD Period of Performance: The term of this Agreement will begin on 9/1/2020 and continue for 60 months thereafter. One -Time Fees govAccess - Website Design and Implementation - Innovator Site Improvement Credit Content Migration of Accessible Pages - Up to 50 Pages Content Strategy and Website Accessibility Training illin _Frequen. c Milestones-40/ 20/20/20 Up Front Milestones-40/ • 20/20/20 1 Each 60 Each 1 Each :One -Time Fee $18,600.00 46,600,00 $1,825.00 Upon Delivery 1 Each $5,000.00 SUBTOTAL: $18,825.00 ❑ocuSign Envelope ID: 65AD955A-CBOB-4C04-A52C-DF9884FE87AA exiSting.. Stii scr pt .ors < .: govAccess - Maintenance, Hosting, 84 Licensing Fee - Core go.vAccess for Intranet Re na n ng`periocl(s)':::: govAccess- 'Maintenance, Hosting, &1 Licensing Fee - Core govAccess for Intranet SUBTOTAL: Annual $9,261.00 1 Each $7,756,09 9/1/2021-8/31/2022 S 911/2022-8/31/2023 ' 9/1/2023.8/31/2.024 ,.::9/1/2024 8/31%2025 $8,143.89 $17,867.94 $8,551.09 $18,761,34 $8,978.64 $19,699.41 $11,256.80 $9,427.57 $20,684.38 infa@granicus.corn I granicus.corti;: ': DocuSEgnEnveiope ID: 65AD955A-CBOB-4C04-A52C-DF9884FE87AA Product Descriptions: govAccess ;The govAccess Maintenance, Hosting, and Licensing plan is designed to equip the client with :Maintenance, 'the technology, expertise and training to keep the client's website relevant and effective over Hosting, & Licensing time.::' Fee - Core Services include the following: • Ongoing software updates • Unlimited technical support (6:00 AM - 6;00 PM PT; Monday Friday) • Access to training webinars and on -demand video library • Access to best practice webinars and resources • Annual health check with research based recommendations for website optimization • DDoS mitigation • Disaster recovery with 90-minute failover (RTO) and 15-minute data replication (RPO) govAccess for : govAccess Maintenance and Licensing includes the following for Intranet website(s) covered by Intranet the subscription: • Monthly software updates • Unlimited technical support (6:00 AM - 6:00 PM PT, Monday -Friday) • Access to training webinars anal on -demand video library • Access to best practice webinars and resources • Annual health check with research -based recommendations for website optimization The Intranet must be hosted on the client's server according to Granicus' specifications, DocuSign Envelope ID: 65AD955A-C130B-4C04-A52C-DF9884FE87AA Ora trctDescriptions govAccess - Website Design and ;Implementation - :Innovator °Site. Improvement Credit . -... ._ Content Migration of Accessible Pages - Up to 50 Pages Descript__.. ;govAccess Website Design and Implementation - Innovator provides a citizen focused Website. ;and includes: • UX consultation, which may include one (1) or more of the following: 1. 2. 3. • • • • • • One (1) site analytics report One (1) heatmap analysis . One (1) internal stakeholder survey . Serrii-custom homepage wirefrarne Fully responsive design .. • Custom mobile homepage or standard mobile responsive homepage Video background or standard rotating 'image carousel (switchable at any time) One (1) specialty alternate homepage - Choose from Granicus' library that includes emergencies, election night, special events One (1) customer experience feature - Choose from Granicus' library that includes service finder or data visualization banner Programming/CMS implementation Migrate up to 200 webpages Five (5) forms converted into the new CMS One (1) day of web -based training Site Improvement Credits may only be used towards the cost of govAccess site improvement ;projects.- Site Improvement Credits are non-refundable and may not be redeemed as partial credits. Site Improvement CredFts are redeemed as of the date of signature. of this document: Includes the migration of up to 50 pages of content. Migrated content will comply with WCAG :2.0 AA. info@granicus.con-:: granicus.cgrn• DocuSign,Envelope ID: 65AD955A-CBOB-4C04-A52C-DF9884FE87AA Product Descriptions 7�,a�:{yz�.-��a_Y:?r �scri�� tiori:�,:.: Content StrategyandThe Content Strategy and Website Accessibility Training is a one -day class that will enable up to Website Accessibility i30:staff members to write content for the Web that is appropriate and accessible for the client's :Training site visitors, The training includes: • One (1) day of on -site training • Content strategy and plain language writing for the Web. • . Training customized for the client, including group exercises updating the client's content and web accessibility standards designed for content editors that include what the standards are, why they are important, and how to create compliant content • Content development and migration best practices guide • Website content best practices guide • Website persona exercise materials. • Communicating with your audience exercise materials • Task process evaluation exercise materials • Writing for the Web textbook DocuSlgn Envelope ID: 65AD955A-CBOB-4C04-A52C-DF9884FE87AA Terms and Conditions • Upon 9/1/2020, this Agreement shall supersede and replace any previous agreement between the parties for the Existing Subscriptions. All such prior agreements between the parties are hereby void and of no force and effect. • This quote is exclusive of applicable state, local, and federal taxes, which, if any, will be included in the invoice. It is the responsibility of National City, CA to provide applicable exemption certificate(s). • Any lapse in payment may result in suspension of service and will require the payment of a setup fee to reinstate the subscription. • If submitting a Purchase Order, please include the following language: All pricing, terms and conditions of quote Q-96152 dated 7/17/2020 are incorporated into this Purchase Order by reference. • Billing Frequency Notes (Milestones - 40/20/20/20): • An initial payment equal to 40% of the total; • A payment equal to 20% of the total upon Granicus' delivery of the draft homepage design concepts to the Client; • A payment equal to 20% of the total upon implementation of the main website into the VCMS on a Granicus-hosted development server; and • A payment equal to 20% of the total upon completion; provided, however that the Client has completed training. If the Client has not completed training, then Granicus shall invoice the Client at the earlier of: completion of training or 21 days after completion. • Granicus certifies that it will not sell, retain, use, or disclose any personal information provided by Client for any purpose other than the specific purpose of performing the services outlined within this Agreement. • Link to Terms: https://granicus,com/pdfs/Master Subscription Agreement.pdf RESOLUTION NO. 2020 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY WAIVING THE BID PROCESS PURSUANT TO SECTION 2.60.260 OF THE NATIONAL CITY MUNICIPAL CODE AND AUTHORIZING THE MAYOR TO EXECUTE A FIVE YEAR AGREEMENT WITH GRANICUS, LLC IN THE TOTAL NOT -TO -EXCEED AMOUNT OF $112,856.00 TO UPGRADE AND SUPPORT GRANICUS WEBSITE CONTENT MANAGEMENT SYSTEM WHEREAS, in 2016, the City of National City Executed a Five-year contract with Vison Internet to upgrade and host its website and VisionLive Content Management System; and WHEREAS, in 2018 Vision Internet was acquired by Granicus, LLC and the VisionLive Content Management System was integrated into the Granicus GovAccess Platform; and WHEREAS, the integration allowed the Content Management System to maintain the same look and feel, which is critical after any upgrade because it mitigates the amount of time needed to learn a new system to manage the website; and WHEREAS, the proposed upgrade will implement the Innovator option of the Granicus GovAccess Platform that will provide a modernized web architecture that meets the interactive and adaptability requirements of modern mobile devices and applications used by the public to access City services and information via the web; and WHEREAS, Section 2.60.260 of the National City Municipal Code provides that the City may buy directly from a vendor at a price established through competitive bidding by another public agency whose procedures have been determined to be in substantial compliance with the City's procurement procedures, and such a determination has been made in this case, therefore, it is recommended that the purchase be made without complying with the competitive bidding procedure set forth in the Municipal Code; and WHEREAS, City staff recommends that the City Council waive the formal bidding requirements as allowed in the Chapter 2.60.220 (d) of the Municipal Code and award the contract to Granicus, LLC to upgrade the website and Content Management System. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby waives the bid process pursuant to section 2.60.260 of the National City Municipal Code and authorizes the Mayor to execute a five (5) year Agreement with Granicus, LLC in the total not -to -exceed amount of $112,856.00 to upgrade and support Granicus Website Content Management System. PASSED and ADOPTED this 1st day of September 2020. Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones, City Attorney 175 of 252 The following page(s) contain the backup material for Agenda Item: Investment Report for the quarter ended June 30, 2020. (Finance) Please scroll down to view the backup material. 176 of 252 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 1, 2020 AGENDA ITEM NO.: ITEM TITLE: Investment Report for the quarter ended June 30, 2020. PREPARED BY: ge,sedd Gail PHONE: 619-336-4346 EXPLANATION: See attached staff report. DEPARTMENT: Finance� a�v/<t APPROVED BY: La /G. FINANCIAL STATEMENT: ACCOUNT NO. See attached staff report. APPROVED: L��a� /ea FINANCE APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION STAFF RECOMMENDATION: Accept and File the Investment Report for the Quarter ended June 30, 2020. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Staff Report 2. Investment Listings 177 of 252 CALIFORNIA NATIONAL Orr � aco INCORPORATED City Council Staff Report September 1, 2020 ITEM Staff Report: Investment Report for the quarter ended June 30, 2020. BACKGROUND The California Government Code (§53646(b)) requires that, when the treasurer or the chief fiscal officer of a local agency renders to the legislative body of the agency a quarterly report on the agency's investment portfolio, such report shall include the following information regarding all securities, investments, and moneys held by the local agency: ➢ type of investment; ➢ issuer (bank or institution); ➢ date of maturity; ➢ dollar amount invested; and ➢ current market valuation as of the date of the report. In addition, the Government Code (§53646(b)(2)) requires that the report state the City's compliance with its investment policy and include a statement regarding the ability of the local agency to meet its pool's ability to meet its expenditure requirements Code (§53646(b)(3)). OVERVIEW OF CITY INVESTMENTS The City's pooled investment portfolio balance as of June 30, 2020 is summarized below and compared to the balance as of June 30, 2019. Table 1 6/30/2020 6/30/2019 Book Value 1 $ 87, 733, 999 $ 91, 919, 836 Market Value 2 $ 89, 356,492 $ 92, 753, 395 ' actual cost of investments 2 amount at which the investments could be sold The assets of the City of National City's investment portfolio are managed by Chandler Asset Management, the San Diego County Treasurer's Pooled Money Fund ("San Diego County Pool"), and the California Treasurer's Local Agency Investment Fund (LAIF) with the largest portion of the assets, 40.78%, managed by the San Diego County Pool. The San Diego County 178 of 252 Page 2 Staff Report: Investment Report for the quarter ended June 30, 2020. September 1, 2020 Pool and LAIF are liquid investment pools that allow participants to earn market rate returns, while retaining access to funds within 24 to 48 hours of a withdrawal request with no penalty. The City's assets managed by Chandler Asset Management may be liquidated and withdrawn at any time. However, these investments likely do not provide the short liquidity (i.e., quick access to funds) of the pooled money funds, and liquidation of these investments is at the risk of loss and/or penalty to the City. Summaries of the City's investment portfolio are illustrated below. INVESTMENT PORTFOLIO SUMMARY BY ISSUER/MANAGER As of June 30, 2020 Table 2 Issuer/Manager Total Market % of Book Value Market Valuer YTM Portfolio Chandler Asset Management 31,242,281 32,291,265 0.30% 36.14% County of San Diego 35,973,615 36,442,498 1.56% 40.78% Local Agency Investment Fund $18,492,493 $18,622,729 2 1.22% 20.84% Neighborhood National Bank (CDARS) 2,025,610 2,000,000 1.48% 2.24% Totals for June 30, 2020 $87,733,999 $89,356,492 100.00% ' includes accrued interest 2 includes LAIF participation factor of 1.004912795 3 calculated on 30/360 basis LAIF $18,622,729 TOTAL MARKET VALUE $89,356,492 CDARS $2,000,000 Chandler Asset Management $32,291,265 179 of 252 Page 3 Staff Report: Investment Report for the quarter ended June 30, 2020. September 1, 2020 Table 3 INVESTMENT PERFORMANCE BY ISSUER/MANAGER For the Quarter Ended June 30, 2020 Total Market Valuer Issuer/Manager Period Yield 6/30/20 3/31/20 Change Return (Net)3 Chandler Asset Management $32,291,265 $32,004,832 $286,433 0.92% NA County of San Diego $36,442,498 $36,104,777 337,721 0.50% 2.02% Local Agency Investment Fund $18,622,729 $5,533,377 $13,089,352 0.34% 1.37% Neighborhood National Bank (CDARS $2,000,000 $2,000,000 $0 0.001% 0.00% Totals for June 30, 2020 $89,356,492 $75,642,986 $13,713,506 2 0.43% 4 I includes accrued interest 2 total include deposits and withdrawal(s) of: deposits: 5/8/20 $6,000,000; 5/28/20 $7,000,000, (no withdrawals) 3 annualized 4 weighted Economic review for the Quarter: The economy contracted sharply in the second quarter, with GDP declining to an annual rate of 32.9%. Job losses from the pandemic have been severe, but many jobs have started to return, as indicated by the better-than-expected employment reports for May and June. As expected, the Federal Open Market Committee (FOMC) kept short-term interest rates unchanged at its June 9-10 meeting, with the Federal Funds Target Range remaining 0%-0.25%. According to the FOMC's economic projections, policymakers expect to keep that range unchanged through 2022. Multiple FOMC members have cautioned that the outlook for the economy remains highly uncertain and depends largely upon the path of the pandemic. Treasury yields were nearly unchanged in June. The yield on 2-year Treasuries declined about one basis point to 0.15% and the yield on 10-year Treasuries was essentially unchanged at 0.66%. Global economic weakness continues to put downward pressure on inflation. COMPLIANCE STATEMENT All of the City's investments are in compliance with the City's investment policy (City Council Policy No. 203) and the California Government Code (§53601 et seq). FINANCIAL STATEMENT Realized and unrealized gains for the period, reflected below, were $234,704. These changes include changes in security market values, gain or loss from the sale of assets, accrued interest, and reinvested interest/earnings. 180 of 252 Page 4 Staff Report: Investment Report for the quarter ended June 30, 2020. September 1, 2020 Table 4 Issuer/Manager Gain/(Loss) Chandler Asset Management $ 50,057 County of San Diego 130,376 Neighborhood National Bank (CDARS) 14,884 LAIF 39,386 Totals for June 30, 2020 $ 234,704 The difference between the changes reflected in the previous two tables is attributable to the purchase and sale of securities for which the first of the tables accounts but the second table typically does not (unless an investment is sold before maturity). STAFF CERTIFICATION Staff certifies that there are sufficient funds to meet the pool's expenditure requirements. RECOMMENDATIONS Accept and file the Investment Report for the quarter ended June 30, 2020. 181 of 252 CAN CHANDLER ASSET MANAGEMENT BOND MARKET REVIEW JULY 2020 MA AST -\ Market Data World Stock Market Indices data as of 6/30/2020 Diff (5/31/20) Change 1 11onthIv lirN i('1)1. f I 11 0 0nir 11arlc('1r Market Summary We believe the economy contracted sharply in the second quarter, but market participants are expecting a meaningful rebound in the current quarter. Although we anticipate that the recovery will be somewhat bumpy, we believe the weakest economic data is in the rearview mirror. Robust fiscal and monetary relief should continue to fuel improvement in economic output in the second half of the year. Job destruction from the pandemic has been severe but many jobs have started to return as indicated by the better than expected employment reports for May and June. Nevertheless, we believe there will be a growing amount of pressure on the federal government to provide additional fiscal relief this month, particularly as some temporary unemployment benefits are set to expire at the end of July. We believe the call for more state and local government fiscal support as well as another round of direct payments to households is likely to mount in the coming weeks. The Federal Open Market Committee (FOMC) kept monetary policy unchanged at its June 9-10 meeting, as expected, with the fed funds target rate in the range of 0%-0.25%. According the Fed's economic projections, policymakers expect to keep that range unchanged through 2022. Although some economic data has recently surprised to the upside, Fed Chair Powell has maintained a dovish tone. Multiple Fed policymakers have cautioned that the outlook for the economy remains highly uncertain and depends largely on the path of the pandemic. Overall, the Fed remains highly accommodative and we believe the Fed will continue to use its balance sheet to any extent necessary to support the flow of credit and stability of financial markets. Treasury yields were nearly unchanged in June. The yield on 2-year Treasuries declined about one basis point to 0.15% and the yield on 10-year Treasuries was essentially unchanged at 0.66%. Global economic weakness continues to put downward pressure on inflation expectations. An ongoing global demand for safe -haven assets has also kept a lid on Treasury rates. S&P 500 TREASURY YIELDS REMAIN LOW ON A HISTORICAL BASIS 3,100.29 55.98 1 .84% NASDAQ 10,058.77 568.90 5.99% DOW JONES 25,812.88 429.77 1.69% FTSE (UK) 6,169.74 93.14 1.5 3 % DAX (Germany) 12,310.93 724.08 6.25% Hang Seng (Hong Kong) 24,427.19 1,465.72 6.38% Nikkei (Japan) 22,288.14 410.25 1.88% Source: Bloomberg. Please see descriptions of indices on Page 2. C'„CHANDLER ASSET MANAGEMENT Toll Free: 800.317.4747 info@chand lerasset.com chandlerasset.com 3.00% 2.25% 1.50% 0.75% c,,Ac At June month -end, Treasury yields were much lower on a year -over -year basis. The 3-month T-bill yield was down 196 basis points, the 2-year Treasury yield was down 161 basis points, and the 10-Year Treasury yield was down 135 basis points, year -over -year. Much of the spread movement was in the month of March 2020, with the Fed cutting rates by a total of 150 basis points and concerns about a global reces- sion and a flight to safe -haven assets driving down yields across the curve. TREASURY YIELDS Trend(•/•) 6/30/2020 5/31/2020 Change 3-Month 0.13 0.13 0.00 2-Year • 0.15 0.16 -0.01 3-Year 5-Year 7-Year 10-Year 30-Year • • 0.17 0.29 0.49 0.66 1.41 0.19 0.30 0.50 0.65 1.41 -0.02 -0.01 -0.01 0.01 0.00 Source: Bloomberg 182 of 252 Chandler Asset Management 1800.317.4747 I chandlerasset Nui l l I rdye IBOND MARKET REVIEW Credit Spreads Continued to Tighten in June Since 1988, Chandler Asset Management has specialized in providing fixed income investment solutions to risk -averse public agencies and institutions. Chandler's mission is to provide fully customizable, client -centered portfolio management that preserves principal, mitigates risk and generates income in our clients' portfolios. CREDIT SPREADS 3-month top rated commercial paper 2-year A corporate note 5-year A corporate note Spread to Treasuries (%) 0.00 0.35 0.66 One Month Ago (%) 0.07 0.43 0.79 Change (0.07) (0.08) (0.13) 5-year Agency note 0.18 0.20 (0.02) Source: Bloomberg Economic Data is Showing Early Signs of Improvement Data as of 6/30/2020 ECONOMIC INDICATOR Current Release Prior Release One Year Ago Trade Balance Gross Domestic Product Unemployment Rate Prime Rate Commodity Research Bureau Index Oil (West Texas Int.) Consumer Price Index (y/o/y) Producer Price Index (y/o/y) Dollar/Euro (54.60) $Bln MAY 20 (5.00%) MAR 20 11.10%JUN 20 3.25%JUN 20 137.97 JUN 20 $39.27 JUN 20 0.10%MAY 20 (2.80%) MAY 20 1.12JUN 20 (49.80) $Bln APR 20 (51.30) $Bln MAY 19 2.10% DEC 19 3.10% MAR 19 13.30% MAY 20 3.70%JUN 19 3.25%MAY 20 5.50%JUN 19 132.24 MAY 20 181.04 JUN 19 $35.49 MAY 20 $58.47 JUN 19 0.30% APR 20 1.80% MAY 19 (5.10%) APR 20 1.30% MAY 19 1.11 MAY 20 1.14MAY19 Source: Bloomberg Economic Roundup Consumer Prices The Consumer Price Index (CPI) was up 0.1 %year -over -year in May, down from 0.3% in April. Core CPI (CPI less food and energy) was up just 1.2% year -over - year in May, down from 1.4% in April. The Personal Consumption Expenditures (PCE) index was up just 0.5% year -over -year in May, versus up 0.6% year - over -year in April and 1.3% in March. Core PCE, which is the Fed's primary inflation gauge, was up 1.0%year-over-year in May, versus up 1.0%year-over-year in April and 1.7% in March. Consumer pricing data indicate that the effect of the pandemic has been deflationary. Retail Sales On a year -over -year basis, retail sales were down 6.1 % in May versus down of 19.9% in April. On a month -over -month basis, retail sales jumped 17.7% in May (a much stronger rebound than expected), following a 14.7% decline in April. In May, month -over -month increases were particularly strong for clothing, furniture, sporting goods, electronics, appliances, and auto sales. Labor Market U.S. nonfarm payrolls were better than expected in June increasing by 4,800,000 versus expectations of 3,230,000. The unemployment rate declined to 11.1 % in June (versus expectations of 12.5%) from 13.3% in May. If the workers who classified themselves as employed but absent from work in the June survey had instead been classified as unemployed on temporary layoff, the total unemployment rate would have been about 1 % higher. Job growth was broad -based in June, with particularly strong gains in leisure and hospitality and retail trade, but the improvement was still a long way from recovering the number of jobs lost in those sectors in April. The U-6 underemployment rate, which includes those who are marginally attached to the labor force and employed part time for economic reasons, remained very high but eased to 18.0% in June from 21.2% in May. The labor participation rate increased to 61.5% in June from 60.8% in May. Housing Starts Housing starts rose 4.3% in May to an annual pace of 974,000. Single family starts were roughly flat at an annualized rate of 675,000, while multi -family starts increased 15.0% to an annualized rate of 299,000. Permits increased 14.4% in May to an annualized rate of 1,220,000. World Stock Market Index Descriptions S&P 500-The S&P 500 is a market value weighted index of 500 large -capitalization stocks. The 500 companies included in the index capture approximately 80% of available US market capitalization. NASDAQ -The NASDAQ Composite Index is the market capitalization -weighted index of over 3.300 common stocks listed on the NASDAQ stock exchange. Dow Jones -The Dow Jones Industrial Average is an index that tracks 30 large, publicly -owned companies trading on the New York Stock Exchange and the NASDAQ.The Financial Times Stock Exchange Group (FTSE)- The FTSE is a share index of the 100 companies listed on the London Stock Exchange with the highest market capitalization. DAX-The Deutscher Aktienindex (DAX) is a blue chip stock market index consisting of the 30 major German companies trading on the Frankfurt Stock Exchange. Hang Seng-The Hang Seng Index is a freefloat-adjusted market -capitalization - weighted stock market index in Hong Kong. It is used to record and monitor daily changes of the largest companies of the Hong Kong stock market and is the main indicator of overall market performance in Hong Kong. Nikkei-Japan's Nikkei 225 Stock Average is a price -weighted index composed of Japan's top 225 blue-chip companies traded on the Tokyo Stock Exchange. ©2020 Chandler Asset Management, Inc, An Independent Registered Investment Adviser. Data source: Bloomberg and the U.S. Department of labor. This report is provided for informational purposes only and should not be construed as specific investment or legal advice. The information contained herein was obtained from sources believed to be reliable as of the date of publication, but may become outdated or superseded at any time without notice. Any opinions or views expressed are based on current market conditions and are subject to change. This report may contain forecasts and forward -looking statements which are inherently limited and should not be relied upon as an indicator of future results. Past performance is not indicative of future results. This report is not intended to constitute an offer, solicitation, recommendation or advice regarding any securities or investment strategy and should not be regarded by recipients as a substitute for the exercise of their own judgment. Fixed income investments are subject to interest, credit, and market risk. Interest rate risk: the value of fixed income investments will decline as interest rates rise. Credit risk: the possibility that the borrower may not be able to repay interest and principal. Low rated bonds generally have to pay higher interest rates to attract investors willing to take on greater risk. Market risk: the bond market in general could decline due to economic conditions, especially during periods of rising interest rates. 183 of 252 Chandler Asset Manager ICity of National City -Account #10162 MONTHLY ACCOUNT STATEMENT JUNE 1, 2020 i HROUGH JUNE Jo, 2020 Chandler Team: For questions about your account, please call (800) 317-4747, or contact operations@chandlerasset.com Custodian Bank of New York Mellon Lauren Dehner (904) 645-1918 CHANDLER ASSET MANAGEMENT chandlerasset,com Information contained herein is confidential. We urge you to compare this statement to the one you receive from your qualified custodian. Please see Important Disclosures. 184 of 252 City of National City Account#10162 Portfolio Summary As of June 30, 2020 PORTFOLIO CHARACTERISTICS Average Modified Duration Average Coupon Average Purchase YTM Average Market YTM Average S&P/Moody Rating Average Final Maturity Average Life 1.83 1.93% 1.86% 0.30% AA/Aa1 1.97 yrs 1.87 yrs SECTOR ALLOCATION Agency - US Treasury Corporate ABS ■ 5.3% Comm Paper' 1.9% suprasI 1.6% Money Mkt Fd 0.1% PERFORMANCE REVIEW 21.0% 37.2% 33.0% ACCOUNT SUMMARY CM Beg. Values as of 5/31/20 End Values as of 6/30/20 Market Value Accrued Interest Total Market Value Income Earned Cont/WD Par Book Value Cost Value 32,111,539 137,438 32,153,136 138,128 32,248,977 50,841 31,162,623 31,188, 946 31,188, 946 32,291,265 50,057 -2,314 31,176,944 31,242,281 31,242,281 MATURITY DISTRIBUTION 30% 25% 20% 15% 10% 5% 0-.25 .25-.5 .5-1 1-2 2-3 3-4 4-5 5+ Maturity (Yrs) TOP ISSUERS Government of United States Federal Home Loan Bank Federal Home Loan Mortgage Corp Federal National Mortgage Assoc Apple Inc MUFG Bank Ltd/NY Honda ABS Federal Farm Credit Bank Total 33.0% 13.9% 11.5% 10.0% 2.3% 1.9% 1.8% 1.8% 76.1% CREDIT QUALITY (S&P) Annualized TOTAL RATE OF RETURN 1M 3M YTD 1YR 2YRS 3YRS SYRS 10YRS 2/29/2012 City of National City ICE BAML 1-3 Yr US Treasury/Agency Index ICE BAML 1-3 Yr US Corp/Govt Rated AAA -A Index 0.14% 0.03% 0.12% 0.92% 0.14% 0.69% 2.83% 2.92% 2.93% 4.13% 4.05% 4.17% 4.14% 4.00% 4.17% 2.87% 2.68% 2.83% 2.07% 1.85% 2.02% N/A N/A N/A 1.49% 1.37% 1.55% Chandler Asset Management - CONFIDENTIAL Page 1 Execution Time: 7/1/202( 185 of 252 Statement of Compliance As of June 30, 2020 City of National City Assets managed by Chandler Asset Management are in full compliance with state law and with the City's investment policy. Ct. Category Standard Comment Municipal Securities Treasury Issues Agency Issues Supranationals Banker's Acceptances Commercial Paper FDIC insured Time Deposits/ Certificates of Deposit Negotiable Certificates of Deposit Corporate Medium Term Notes Money Market Mutual Funds Mortgage Pass-throughs and Asset Backed Securities Local Agency Investment Fund (LAIF) Local Government Investment Pools Prohibited Securities Callable Securities Maximum Issuer Maximum maturity "A" rated or better by two NRSROs; 30% maximum; 5% max per issuer; Include bonds of the City, the State of California, any other state, and any local agency within the State of California; Bonds will be registered in the name of the City or held Complies under a custodial agreement at a bank. No Limitation Complies No Limitation Complies "AA" rated category or higher by a NRSRO; 30% maximum; 10% max per issuer; U.S. dollar denominated senior unsecured unsubordinated obligations issued or unconditionally guaranteed by IBRD, IFC, IADB "A-1" short-term debt rated or higher by at least two NRSROs; and "A" long term debt rated by two NRSROs; 40% maximum; 5% max per issuer; 180 days max maturity Complies "A-1" rated or higher by at least two NRSROs; and "A" rated long term debt by two NRSROs; 25% maximum; 5% max per issuer; 270 days max maturity; Issuer is a corporation organized and operating in the U.S. with assets > $500 million. Amount per institution limited to the max covered under FDIC; 30% maximum combined certificates of deposit including CDARS "A" long-term debt rated or higher by at least two NRSROs; and/or "Al" short-term debt rated or higher by at least two NRSROs; 30% maximum; 5% max per issuer "A" rated category or better by at least two NRSROs; 30% maximum; 5% max per issuer; Issued by corporations organized and operating within the U.S. or by depository institutions licensed by U.S. or any state and operating within the U.S. Highest rating or AAA rated or equivalent by at least two NRSROs; 20% maximum; SEC registered with assets under management in excess of $500 million "AA" rating category or better by a NRSRO; 20% maximum Maximum permitted amount in LAIF; Currently not used by investment adviser San Diego County Investment Pool Inverse floaters; Ranges notes; Interest -only strips from mortgaged backed securities; Zero interest accrual securities; Reverse Repurchase Agreements; Foreign currency denominated sec 20% maximum (does not include "make whole call" securities) 5% max per issuer, except as noted in Section VIII of the investment policy 5 years Complies Complies Complies Complies Complies Complies Complies Complies Complies Complies Complies Complies Complies 186 of 252 City of National City Account #10162 Reconciliation Summary As of June 30, 2020 BOOK VALUE RECONCILIATION BEGINNING BOOK VALUE Acquisition + Security Purchases + Money Market Fund Purchases + Money Market Contributions + Security Contributions + Security Transfers Total Acquisitions $1,497,732.75 $697,320.47 $0.00 $0.00 $0.00 $31,188,945.55 Dispositions - Security Sales - Money Market Fund Sales - MMF Withdrawals - Security Withdrawals - Security Transfers - Other Dispositions - Maturites - Calls - Principal Paydowns Total Dispositions $0.00 $1, 500, 667.65 $2,313.80 $0.00 $0.00 $0.00 $575,000.00 $0.00 $70,018.78 $2,195,053.22 $2,148,000.23 Amortization/Accretion +/- Net Accretion $0.00 $0.00 Gain/Loss on Dispositions +/- Realized Gain/Loss $6,282.15 ENDING BOOK VALUE $6,282.15 $31,242,280.69 CAI CASH TRANSACTION SUMMARY BEGINNING BALANCE Acquisition Contributions Security Sale Proceeds Accrued Interest Received Interest Received Dividend Received Principal on Maturities Interest on Maturities Calls/Redemption (Principal) Interest from Calls/Redemption Principal Paydown Total Acquisitions Dispositions Withdrawals Security Purchase Accrued Interest Paid Total Dispositions $0.00 $0.00 $0.00 $52,295.15 $6.54 $575,000.00 $0.00 $0.00 $0.00 $70,018.78 $697,320.47 $ 2,313.80 $1,497,732.75 $ 2,934.90 $1,502,981.45 $840,525.32 ENDING BOOK VALUE $34,864.34 Chandler Asset Management - CONFIDENTIAL Paee 3 Execution Time: 7/1/202( 187 of 252 City of National City Account #10162 Income Earned As of June 30, 2020 CM Trade Date CUSIP Security Description Settle Date Units Book Value: Begin Book Value: Acq Book Value: Disp Book Value: End Prior Accrued Accr. Of Discount Inc. Received Amort. Of Premium Ending Accrued Net Accret/Amort Total Interest Income Earned Total Income FIXED INCOME 02665WAZ4 037833AK6 American Honda Finance Note 2.45% Due 09/24/2020 Apple Inc Note 2.4% Due 05/03/2023 07/11/2017 07/14/2017 400,000.00 405, 848.00 0.00 0.00 405,848.00 1,823.89 0.00 2,640.56 816.67 0.00 0.00 0.00 816.67 Various 700,739.00 1,306.67 0.00 Various 0.00 0.00 0.00 700,000.00 0.00 2,706.67 0.00 700,739.00 1,400.00 1,400.00 816.67 1,400.00 06051GEU9 Bank of America Corp Note 3.3% Due 01/11/2023 12/27/2018 393,500.00 5,133.33 0.00 12/31/2018 0.00 0.00 0.00 400,000.00 0.00 6,233.33 0.00 393,500.00 1,100.00 1,100.00 1,100.00 06406RAA5 Bank of NY Mellon Corp Callable Note Cont 1/7/2022 2.6% Due 02/07/2022 08/14/2018 392,152.00 3,293.33 0.00 08/16/2018 0.00 0.00 0.00 400,000.00 0.00 4,160.00 0.00 392,152.00 866.67 866.67 866.67 084670BR8 Berkshire Hathaway Callable Note Cont 1/15/2023 2.75% Due 03/15/2023 24422EUR8 John Deere Capital Corp Note 3.45% Due 01/10/2024 08/26/2019 412,068.00 2,322.22 0.00 08/28/2019 0.00 0.00 0.00 400,000.00 0.00 3,238.89 0.00 412,068.00 916.67 916.67 916.67 03/14/2019 408,860.00 5,405.00 0.00 03/18/2019 0.00 0.00 0.00 400,000.00 0.00 6,555.00 0.00 408,860.00 1,150.00 1,150.00 1,150.00 3130A0F70 FHLB Note 3.375% Due 12/08/2023 01/30/2019 540,734.25 8,514.84 0.00 01/31/2019 0.00 8,859.38 0.00 525,000.00 0.00 1,132.03 0.00 540,734.25 1,476.57 1,476.57 1,476.57 3130A1XJ2 FHLB Note 2.875% Due 06/14/2024 Various 605,009.60 7,735.34 0.00 Various 0.00 8,337.50 0.00 580,000.00 0.00 787.44 0.00 605,009.60 1,389.60 1,389.60 1,389.60 3130A2UW4 FHLB 10/29/2019 315,474.00 1,868.75 0.00 Note 10/30/2019 0.00 0.00 0.00 2.875% Due 09/13/2024 300,000.00 0.00 2,587.50 0.00 315,474.00 718.75 718.75 718.75 Chandler Asset Management - CONFIDENTIAL Page 14 Execution Time: 7/1/202( 188 of 252 City of National City Account #10162 Income Earned As of June 30, 2020 CAI Trade Date CUSIP Security Description Settle Date Units Book Value: Begin Book Value: Acq Book Value: Disp Book Value: End Prior Accrued Inc. Received Ending Accrued Total Interest Accr. Of Discount Amort. Of Premium Net Accret/Amort Income Earned Total Income 3130A3KM5 3130A7CV5 FHLB Note 2.5% Due 12/09/2022 FHLB Note 1.375% Due 02/18/2021 09/10/2019 09/13/2019 575,000.00 591,174.75 0.00 0.00 591,174.75 6,868.06 7,187.50 878.47 1,197.91 10/13/2016 490,960.40 10/14/2016 0.00 490,000.00 0.00 490, 960.40 1,927.67 0.00 2,489.13 561.46 0.00 0.00 0.00 1,197.91 1,197.91 0.00 0.00 0.00 561.46 561.46 3130AABG2 FHLB Note 1.875% Due 11/29/2021 03/08/2017 559,044.90 58.85 0.00 03/09/2017 0.00 0.00 0.00 565,000.00 0.00 941.67 0.00 559,044.90 882.82 882.82 882.82 313378WG2 FHLB 03/13/2018 596,646.00 3,333.33 0.00 Note 03/14/2018 0.00 0.00 0.00 2.5% Due 03/11/2022 600,000.00 0.00 4,583.33 0.00 596, 646.00 1,250.00 1,250.00 1,250.00 313379Q69 FHLB Note 2.125% Due 06/10/2022 06/20/2017 607,110.00 6,056.25 0.00 06/21/2017 0.00 6,375.00 0.00 600,000.00 0.00 743.75 0.00 607,110.00 1,062.50 1,062.50 1,062.50 3133ELWD2 FFCB 04/03/2020 564,163.80 311.93 0.00 Note 04/08/2020 0.00 0.00 0.00 0.375% Due 04/08/2022 565,000.00 0.00 488.49 0.00 564,163.80 176.56 176.56 176.56 3135G04Q3 FNMA 05/20/2020 643,058.55 40.31 0.00 Note 05/22/2020 0.00 0.00 0.00 0.25% Due 05/22/2023 645,000.00 0.00 174.69 0.00 643,058.55 134.38 134.38 134.38 3135G0D75 FNMA Note Due 06/22/2020 12/17/2015 568,778.50 3,809.38 0.00 12/21/2015 0.00 4,312.50 0.00 0.00 568, 778.50 0.00 0.00 0.00 503.12 503.12 503.12 3135G0N82 FNMA Note 1.25% Due 08/17/2021 01/26/2017 425,444.80 1,588.89 0.00 01/31/2017 0.00 0.00 0.00 440,000.00 0.00 2,047.22 0.00 425,444.80 458.33 458.33 458.33 Chandler Asset Management - CONFIDENTIAL Page 15 Execution Time: 7/1/202( 189 of 252 City of National City Account #10162 Income Earned As of June 30, 2020 Trade Date CUSIP Security Description Settle Date Units Book Value: Begin Book Value: Acq Book Value: Disp Book Value: End Prior Accrued Inc. Received Ending Accrued Total Interest Accr. Of Discount Amort. Of Premium Net Accret/Amort Income Earned Total Income 3135G0T78 3135G0U27 FNMA Note 2% Due 10/05/2022 FNMA Note 2.5% Due 04/13/2021 12/12/2017 12/13/2017 500,000.00 494, 215.00 0.00 0.00 494, 215.00 1,555.56 0.00 2,388.89 833.33 0.00 0.00 0.00 833.33 833.33 07/23/2018 07/24/2018 300,000.00 297,771.00 0.00 0.00 297,771.00 1,000.00 0.00 1,625.00 625.00 0.00 0.00 0.00 625.00 625.00 3135G0W33 FNMA 09/05/2019 622,825.00 2,029.08 0.00 Note 09/06/2019 0.00 0.00 0.00 1.375% Due 09/06/2022 625,000.00 0.00 2,745.23 0.00 622,825.00 716.15 716.15 716.15 3135G0X24 FNMA Note 1.625% Due 01/07/2025 01/16/2020 623,050.00 3,977.86 0.00 01/17/2020 0.00 0.00 0.00 625,000.00 0.00 4,824.22 0.00 623,050.00 846.36 846.36 846.36 3137EADB2 3137EAEK1 FHLMC Note 2.375% Due 01/13/2022 FHLMC Note 1.875% Due 11/17/2020 Various 585,310.00 5,234.90 0.00 Various 0.00 0.00 0.00 575,000.00 0.00 6,372.92 0.00 585, 310.00 1,138.02 1,138.02 1,138.02 01/18/2018 594,780.00 437.50 0.00 01/19/2018 0.00 0.00 0.00 600,000.00 0.00 1,375.00 0.00 594,780.00 937.50 937.50 937.50 3137EAEL9 FHLMC Note 2.375% Due 02/16/2021 03/13/2018 598,068.00 4,156.25 0.00 03/14/2018 0.00 0.00 0.00 600,000.00 0.00 5,343.75 0.00 598,068.00 1,187.50 1,187.50 1,187.50 3137EAEN5 FHLMC Note 2.75% Due 06/19/2023 11/26/2018 593,214.00 7,425.00 0.00 11/27/2018 0.00 8,250.00 0.00 600,000.00 0.00 550.00 0.00 593, 214.00 1,375.00 1,375.00 1,375.00 3137EAEPO FHLMC Note 1.5% Due 02/12/2025 06/04/2020 0.00 0.00 0.00 06/05/2020 652,443.75 (2,890.63) 0.00 625,000.00 0.00 3,567.71 0.00 652,443.75 677.08 677.08 677.08 Chandler Asset Management - CONFIDENTIAL Page 16 Execution Time: 7/1/202( 190 of 252 City of National City Account #10162 Income Earned As of June 30, 2020 CM Trade Date CUSIP Security Description Settle Date Units Book Value: Begin Book Value: Acq Book Value: Disp Book Value: End Prior Accrued Inc. Received Ending Accrued Total Interest Accr. Of Discount Amort. Of Premium Net Accret/Amort Income Earned Total Income 3137EAER6 3695506E7 FHLMC Note 0.375% Due 05/05/2023 05/05/2020 05/07/2020 600,000.00 General Dynamics Corp Note 3% Due 05/11/2021 599, 748.00 0.00 0.00 599,748.00 150.00 0.00 337.50 187.50 0.00 0.00 0.00 187.50 187.50 Various 397,216.30 Various 0.00 400,000.00 0.00 397,216.30 666.66 0.00 1,666.66 1,000.00 0.00 0.00 0.00 1,000.00 1,000.00 40428HPV8 HSBC USA Inc Note 2.75% Due 08/07/2020 11/16/2017 293,569.90 2,525.42 0.00 11/20/2017 0.00 0.00 0.00 290,000.00 0.00 3,190.00 0.00 293,569.90 664.58 664.58 664.58 43813RAC1 Honda Auto Receivables 2020-1 A3 1.61% Due 04/22/2024 02/19/2020 69,986.28 31.31 0.00 02/26/2020 0.00 93.92 0.00 70,000.00 0.00 31.31 0.00 69,986.28 93.92 93.92 93.92 43814UAG4 43814WAB1 Honda Auto Receivables Trust 2018-2 A3 3.01% Due 05/18/2022 05/22/2018 142,685.39 155.09 0.00 05/30/2018 0.00 357.91 0.00 131,146.77 11, 541.47 142.55 0.00 131,143.92 345.37 345.37 Honda Auto Receivables Trust 2019-1 A2 2.75% Due 09/20/2021 345.37 02/19/2019 63,743.84 63.31 0.00 02/27/2019 0.00 146.09 0.00 53, 558.86 10,188.42 53.19 0.00 53,555.42 135.97 135.97 135.97 43815HAC1 Honda Auto Receivables Trust 2018-3 A3 2.95% Due 08/22/2022 08/21/2018 220,162.92 180.44 0.00 08/28/2018 0.00 541.31 0.00 204,547.46 15,643.52 167.62 0.00 204, 519.40 528.49 528.49 528.49 43815NAC8 Honda Auto Receivables Trust 2019-3 A3 1.78% Due 08/15/2023 08/20/2019 99,999.17 79.11 0.00 08/27/2019 0.00 148.33 0.00 100,000.00 0.00 79.11 0.00 99,999.17 148.33 148.33 148.33 45950KCM0 International Finance Corp Note 2.25% Due 01/25/2021 01/24/2018 498,580.00 3,937.50 0.00 01/26/2018 0.00 0.00 0.00 500,000.00 0.00 4,875.00 0.00 498,580.00 937.50 937.50 937.50 Chandler Asset Management - CONFIDENTIAL Page 17 Execution Time: 7/1/202( 191 of 252 City of National City Account #10162 Income Earned As of June 30, 2020 Trade Date CUSIP Security Description Settle Date Units Book Value: Begin Book Value: Acq Book Value: Disp Book Value: End Prior Accrued Inc. Received Ending Accrued Total Interest Accr. Of Discount Amort. Of Premium Net Accret/Amort Income Earned Total Income 46625HJE1 477870AC3 JP Morgan Chase Note 3.25% Due 09/23/2022 John Deere Owner Trust 2019-B A3 2.21% Due 12/15/2023 12/19/2019 12/24/2019 400,000.00 07/16/2019 07/24/2019 115,000.00 413,076.00 0.00 0.00 413,076.00 114,975.59 0.00 0.00 114,975.59 2,455.56 0.00 3,538.89 1,083.33 112.96 211.79 112.96 211.79 0.00 0.00 0.00 1,083.33 0.00 0.00 0.00 211.79 1,083.33 211.79 47789JAB2 John Deere Owner Trust 2019-A A2 2.85% Due 12/15/2021 03/05/2019 81,032.56 102.65 0.00 03/13/2019 0.00 192.46 0.00 68,959.90 12,075.80 87.35 0.00 68,956.76 177.16 177.16 177.16 47789KAC7 John Deere Owner Trust 2020-A A3 1.1% Due 08/15/2024 03/04/2020 169,989.61 83.11 0.00 03/11/2020 0.00 155.83 0.00 170,000.00 0.00 83.11 0.00 169,989.61 155.83 155.83 155.83 594918BG8 Microsoft Callable Note Cont. 10/3/2020 2% Due 11/03/2020 65479JAD5 Nissan Auto Receivables Owner 2019-C A3 1.93% Due 07/15/2024 07/11/2017 270,999.00 420.00 0.00 07/14/2017 0.00 0.00 0.00 270,000.00 0.00 870.00 0.00 270,999.00 450.00 450.00 450.00 10/16/2019 359,980.99 308.80 0.00 10/23/2019 0.00 579.00 0.00 360,000.00 0.00 308.80 0.00 359,980.99 579.00 579.00 579.00 68389XBK0 Oracle Corp Callable Note Cont 8/15/2021 1.9% Due 09/15/2021 10/26/2017 395,816.00 1,604.44 0.00 10/31/2017 0.00 0.00 0.00 400,000.00 0.00 2,237.78 0.00 395,816.00 633.34 633.34 633.34 69353RFE3 PNC Bank Callable Note Cont 6/28/2022 2.45% Due 07/28/2022 04/24/2018 385,792.00 3,348.33 0.00 04/26/2018 0.00 0.00 0.00 400,000.00 0.00 4,165.00 0.00 385,792.00 816.67 816.67 816.67 857477AV5 State Street Bank Note 1.95% Due 05/19/2021 07/12/2017 396,056.00 260.00 0.00 07/17/2017 0.00 0.00 0.00 400,000.00 0.00 910.00 0.00 396,056.00 650.00 650.00 650.00 Chandler Asset Management - CONFIDENTIAL Page 18 Execution Time: 7/1/202( 192 of 252 City of National City Account #10162 Income Earned As of June 30, 2020 Trade Date CUSIP Security Description Settle Date Units Book Value: Begin Book Value: Acq Book Value: Disp Book Value: End Prior Accrued Inc. Received Ending Accrued Total Interest Accr. Of Discount Amort. Of Premium Net Accret/Amort Income Earned Total Income 89232HAC9 Toyota Auto Receivable Own 2020-A A3 1.66% Due 05/15/2024 89236TFS9 Toyota Motor Credit Corp Note 3.35% Due 01/08/2024 06/17/2020 06/19/2020 240,000.00 0.00 245,531.25 0.00 245,531.25 0.00 (44.27) 177.07 132.80 0.00 0.00 0.00 132.80 132.80 05/20/2019 411,444.00 05/22/2019 0.00 400,000.00 0.00 411,444.00 5,322.78 0.00 6,439.44 1,116.66 0.00 0.00 0.00 1,116.66 1,116.66 89238KAD4 Toyota Auto Receivables Trust 2017-D A3 1.93% Due 01/18/2022 Various 183,920.70 128.54 0.00 Various 0.00 296.63 0.00 163,866.24 20,508.92 114.21 0.00 163,411.78 282.30 282.30 282.30 91159HHL7 US Bancorp Callable Note 1X 12/29/2020 2.35% Due 01/29/2021 07/19/2017 404,036.00 3,185.56 0.00 07/24/2017 0.00 0.00 0.00 400,000.00 0.00 3,968.89 0.00 404,036.00 783.33 783.33 783.33 9128284D9 US Treasury Note 2.5% Due 03/31/2023 912828G53 US Treasury Note 1.875% Due 11/30/2021 12/27/2018 448,505.86 1,905.74 0.00 12/28/2018 0.00 0.00 0.00 450,000.00 0.00 2,827.87 0.00 448,505.86 922.13 922.13 922.13 08/28/2017 604,994.20 30.74 0.00 08/29/2017 0.00 0.00 0.00 600,000.00 0.00 952.87 0.00 604,994.20 922.13 922.13 922.13 912828L24 US Treasury Note 1.875% Due 08/31/2022 09/06/2018 435,445.31 2,132.30 0.00 09/07/2018 0.00 0.00 0.00 450,000.00 0.00 2,820.14 0.00 435,445.31 687.84 687.84 687.84 912828L32 US Treasury Note 1.375% Due 08/31/2020 Various 600,184.82 2,084.92 0.00 Various 0.00 0.00 0.00 600,000.00 0.00 2,757.47 0.00 600,184.82 672.55 672.55 672.55 912828M80 US Treasury Note 2% Due 11/30/2022 04/11/2019 593,554.69 32.79 0.00 04/15/2019 0.00 0.00 0.00 600,000.00 0.00 1,016.39 0.00 593,554.69 983.60 983.60 983.60 Chandler Asset Management - CONFIDENTIAL Page 19 Execution Time: 7/1/202( 193 of 252 City of National City Account #10162 Income Earned As of June 30, 2020 CM Trade Date CUSIP Security Description Settle Date Units Book Value: Begin Book Value: Acq Book Value: Disp Book Value: End Prior Accrued Inc. Received Ending Accrued Total Interest Accr. Of Discount Amort. Of Premium Net Accret/Amort Income Earned Total Income 912828M98 912828Q37 US Treasury Note 1.625% Due 11/30/2020 US Treasury Note 1.25% Due 03/31/2021 11/29/2016 11/30/2016 570,000.00 04/27/2017 04/28/2017 375,000.00 568, 331.99 0.00 0.00 568,331.99 25.31 0.00 784.53 759.22 0.00 0.00 0.00 759.22 759.22 369,024.69 0.00 0.00 369,024.69 794.06 0.00 1,178.28 384.22 0.00 0.00 0.00 384.22 384.22 912828Q78 US Treasury Note 1.375% Due 04/30/2021 05/25/2017 494,650.11 597.83 0.00 05/31/2017 0.00 0.00 0.00 500,000.00 0.00 1,158.29 0.00 494,650.11 560.46 560.46 560.46 912828576 US Treasury Note 1.125% Due 07/31/2021 08/28/2018 573,375.00 2,262.36 0.00 08/29/2018 0.00 0.00 0.00 600,000.00 0.00 2,818.68 0.00 573,375.00 556.32 556.32 556.32 912828TY6 US Treasury Note 1.625% Due 11/15/2022 912828V72 US Treasury Note 1.875% Due 01/31/2022 03/03/2020 614,484.38 450.41 0.00 03/04/2020 0.00 0.00 0.00 600,000.00 0.00 1,245.24 0.00 614,484.38 794.83 794.83 794.83 09/17/2018 435,744.14 2,827.95 0.00 09/18/2018 0.00 0.00 0.00 450,000.00 0.00 3,523.35 0.00 435,744.14 695.40 695.40 695.40 912828W71 US Treasury Note 2.125% Due 03/31/2024 12/05/2019 229, 640.63 809.94 0.00 12/06/2019 0.00 0.00 0.00 225,000.00 0.00 1,201.84 0.00 229,640.63 391.90 391.90 391.90 912828W89 US Treasury Note 1.875% Due 03/31/2022 04/26/2018 580,593.75 1,905.74 0.00 04/30/2018 0.00 0.00 0.00 600,000.00 0.00 2,827.87 0.00 580,593.75 922.13 922.13 922.13 912828WE6 US Treasury Note 2.75% Due 11/15/2023 07/22/2019 624,000.00 762.23 0.00 07/23/2019 0.00 0.00 0.00 600,000.00 0.00 2,107.34 0.00 624,000.00 1,345.11 1,345.11 1,345.11 Chandler Asset Management - CONFIDENTIAL Page 20 Execution Time: 7/1/202( 194 of 252 City of National City Account #10162 Income Earned As of June 30, 2020 CM Trade Date CUSIP Security Description Settle Date Units Book Value: Begin Book Value: Acq Book Value: Disp Book Value: End Prior Accrued Inc. Received Ending Accrued Total Interest Accr. Of Discount Amort. Of Premium Net Accret/Amort Income Earned Total Income 912828WN6 912828XR6 US Treasury Note 2% Due 05/31/2021 US Treasury Note 1.75% Due 05/31/2022 04/29/2019 04/30/2019 550,000.00 546, 755.86 0.00 0.00 546,755.86 03/03/2020 03/04/2020 600,000.00 30.05 0.00 931.69 901.64 0.00 0.00 0.00 901.64 901.64 613, 710.94 0.00 0.00 613, 710.94 28.69 0.00 889.34 860.65 0.00 0.00 0.00 860.65 860.65 912828ZA1 US Treasury Note 1.125% Due 02/28/2022 03/24/2020 709,925.78 1,990.15 0.00 03/25/2020 0.00 0.00 0.00 700,000.00 0.00 2,632.13 0.00 709,925.78 641.98 641.98 641.98 912828ZD5 US Treasury Note 0.5% Due 03/15/2023 03/24/2020 676,476.56 715.35 0.00 03/25/2020 0.00 0.00 0.00 675,000.00 0.00 990.49 0.00 676,476.56 275.14 275.14 275.14 931142E18 Wal-Mart Stores Note 3.125% Due 06/23/2021 07/02/2018 402,052.00 5,486.11 0.00 07/05/2018 0.00 6,250.00 0.00 400,000.00 0.00 277.78 0.00 402,052.00 1,041.67 1,041.67 1,041.67 Total Fixed Income 29,917,079.23 29,724,260.51 897,975.00 638,736.63 29,983,498.88 137,208.43 49,360.25 137,678.92 49,830.74 0.00 0.00 0.00 49,830.74 49,830.74 CASH & EQUIVALENT 60934N807 Federated Investors Govt Oblig Fund Inst. Various 840,525.32 0.00 0.00 Various 697,320.47 6.54 0.00 34,864.34 1,502,981.45 0.00 0.00 34,864.34 6.54 6.54 6.54 62479LHU2 MUFG Bank Ltd Discount CP 0.4% Due 08/28/2020 04/29/2020 624,159.72 229.17 0.00 04/29/2020 0.00 0.00 0.00 625,000.00 0.00 437.50 0.00 624,159.72 208.33 208.33 208.33 Chandler Asset Management - CONFIDENTIAL Page 21 Execution Time: 7/1/202( 195 of 252 City of National City Account #10162 Income Earned As of June 30, 2020 CM Trade Date CUSIP Security Description Settle Date Units Book Value: Begin Book Value: Acq Book Value: Disp Book Value: End Prior Accrued Inc. Received Ending Accrued Total Interest Accr. Of Discount Amort. Of Premium Net Accret/Amort Income Earned Total Income 9127964G1 US Treasury Bill 0.143% Due 10/06/2020 06/25/2020 06/26/2020 600,000.00 0.00 599,757.75 0.00 599,757.75 0.00 0.00 11.88 11.88 0.00 0.00 0.00 11.88 11.88 Total Cash & Equivalent 1,259,864.34 1,464,685.04 1,297,078.22 1,502,981.45 1,258,781.81 229.17 6.54 449.38 226.75 0.00 0.00 0.00 226.75 226.75 TOTAL PORTFOLIO 31,176,943.57 31,188,945.55 2,195,053.22 2,141,718.08 31,242,280.69 137,437.60 49,366.79 138,128.30 50,057.49 0.00 0.00 0.00 50,057.49 50,057.49 Chandler Asset Management - CONFIDENTIAL Page 22 Execution Time: 7/1/202( 196 of 252 ..«... Y1$IW;Ma1 matt 1' itltih f 11 111174• 1 rlgls • • • ..i COUNTY OFAN D END I tfESTMENT POOL DUNE TREASURY IN l�STMENT RESULTS 2� 0 County of San Diego Treasurer -Tax Collector 11600 Pacific Hwy, San Diego, CA 92101 I www.sdttc.co 197 of 252 PARTICIPANT PARTICIPANT CASH BALANCES County of San Diego Pooled Money Fund As of June 30, 2020 ($000) FMV FMV FMV % of 04/30/20 05/31/20 06/30/20 Total COUNTY COUNTY - SPECIAL TRUST FUNDS NON -COUNTY INVESTMENT FUNDS SCHOOLS - (K THRU 12) COMMUNITY COLLEGES San Diego Grossmont-Cuyamaca MiraCosta Palomar Southwestern $ 1,500,287 $ 1,453,312 3,306,777 3,065,183 126,756 117,785 5,320,217 5,000,605 203,980 166,237 136,524 249,042 147,528 186,939 140,871 121,982 232,548 139,991 PARTICIPANT FMV FMV FMV % of 04/30/20 05/31/20 06/30/20 Total $ 1,012,375 9.80% Lake Cuyamaca Rec & Park District 3,082,718 29.83% Lakeside FPD 120,957 1.17% Leucadia Wastewater District 4,393,500 42.52% Lower Sweetwater FPD Metropolitan Transit System Mission Resource Conservation District 180,682 1.76% North County Transit District 149,558 1.45% North County Cemetery District 116,985 1.13% North County Dispatch 239,406 2.32% North County FPD 139,831 1.35% Otay Water District Total Community Colleges FIRST 5 COMMISSION SANCAL SDCERA CITIES Chula Vista Coronado Del Mar El Cajon Encinitas National City Oceanside INDEPENDENT AGENCIES Alpine FPD Bonita-Sunnyside FPD Borrego Springs FPD Canebrake County Water District Deer Springs FPD Fallbrook Public Utility District Grossmont Healthcare District Julian-Cuyamaca FPD 903,311 822,332 826,463 8.00% Pomerado Cemetery District Public Agencies Self -Insurance System 48,021 45,208 46,374 Ramona Cemetery District 3,895 3,893 3,919 Rancho Santa Fe FPD 2,175 7,323 7,774 Rincon del Diablo Municipal Water District SANDAG SD County Regional Airport Authority 35,685 35,664 35,889 San Diego Housing Commission 20,934 20,922 41,386 San Diego Geographic Information Source 2,763 2,762 2,778 San Diego Law Library 5,171 5,168 5,198 San Diego Local Agency Formation Comm 4,191 4,188 4,212 San Diego Regional Training Center 36,254 36,233 36,442 San Dieguito River Park 0 0 0 San Marcos FPD 2,774 2,612 2,413 7,054 6,505 6,620 1,692 1,647 1,648 54 54 55 12,827 11,722 11,961 16 16 0 2 2 2 498 503 514 San Miguel Consolidated FPD Santa Fe Irrigation District Serra Cooperative Library System Upper San Luis Rey Resource Consery Dist Vallecitos Water District Valley Center FPD Valley Center Cemetery District Valley Center Water District Vista FPD 38 10,702 3,970 831 38,242 118 0 6,725 4,517 5,711 291 2,137 3,617 965 14,845 4,804 193,730 293,987 22,085 811 4,201 1,649 640 808 1 18,159 4,496 2 70 5,523 2,645 487 22,123 3,939 38 11,799 3,967 781 37,908 119 0 6,667 4,535 5,020 291 2,148 3,615 948 13,873 4,801 191,903 293,913 22,072 829 4,186 1,481 838 658 1 16,815 4,494 2 70 5,519 2,355 488 21,271 3,937 39 11,356 3,990 793 39,348 120 20,261 6,713 4,926 4,268 5,155 2,113 3,636 948 12,672 5,842 189,134 294,027 22,200 707 3,997 1,356 1,040 575 1 16,429 4,520 2 71 5,551 2,383 491 22,311 3,227 Total Voluntary Participants 856,875 851,762 897,390 8.68% Pooled Money Fund Total $ 12,014,223 $ 11,310,979 $ 10,333,40 198 of 252 5 Below is the market price for June 2020. Let me know if you need anything else. National City Conversion of Oracle Cash Balance to COSD Pool Market Price Month Ended June 30th, 2020 I COSD Pool Market Price COSD Pool Market Value National City percentage of MV share in COSD Pool Fund Description Oracle Cash Balance 44077 NATIONAL CITY INVESTMENT FUND 35,973,615 Total for National City 35,973,615 Current Month 6/30/2020 Pool YTM: 1.559 Prior Month Prior Quarter Prior Year 5/31/2020 3/31/2020 6/30/2019 101.55896 101.40996 101.179% 99.92096 10, 333,403,151 11, 310,979,395 10, 389, 378,044 10,135,946,100 0.352796 0.3203% 0.347596 0.078796 Market Value 36,442,498 36,442,498 Market Value Market Value Market Value 36,232,881 36,104,777 7,976,990 36,232,881 36,104,777 7,976,990 * Please note that the National City Market Value reported above is a prorate share of National City in the COSD investment Pool and based on National City Cash Balance. Thank you, http://www.sdtreastax.com/" style='position:absolute;margin-left:0;margin-top:0;width:52.55pt;height:52.55pt;z- index:251659264;visibility:visible;mso-wrap-style:square;mso-width-percent:0;mso-height-percent:0;mso-wrap-distance-left:0;mso-wrap- distance-top:0;mso-wrap-distance-right:9pt;mso-wrap-distance-bottom:0;mso-position-horizontal:left;mso-position-horizontal- relative:text;mso-position-vertical:absolute;mso-position-vertical-relative:text;mso-width-percent:0;mso-height-percent:0;mso-width- relative:page;mso-height-relative:page' o:button="t"> Tommy Trinh Student Worker San Diego County Treasurer -Tax Collector's Office 1600 Pacific Highway Rm. 152 I San Diego, CA 92101 Phone: 619.531.5275 I Fax: 619.446.8222 I www.sdttc.com 199 of 252 CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Hello, below is the market price for May 2020. Let me know if you need anything else. National City Pool YTM: 1.637 Conversion of Oracle Cash Balance to COSD Pool Market Price Month Ended May 31st, 2020 Current Month Prior Month Prior Quarter Prior Year 5/31/2020 4/30/2020 2/29/2020 5/31/2019 COSD Pool Market Price COSD Pool Market Value National City percentage of MV share in COSD Pool 101.409% 101.240% 100.120% 99.967% 11,310,979,395 12,014,227,566 10,166,427,750 10, 645,176,991 0.3203% 0.3018% 0.3513% 0.0787% Fund Description Oracle Cash Balance Market Value Market Value Market Value Market Value 44077 NATIONAL CITY INVESTMENT FUND 35,843,238 36,232,881 36,258,939 35,714,661 8,377,754 Total for National City 35,843,238 36,232,881 36,258,939 35,714,661 8,377,754 * Please note that the National City Market Value reported above is a prorate share of National City in the COSD Investment Pool and based on National City Cash Balance. Thank you, http://www.sdtreastax.com/" style='position:absolute;margin-left:0;margin-top:0;width:52.55pt;height:52.55pt;z- index:251659264;visibility:visible;mso-wrap-style:square;mso-width-percent:0;mso-height-percent:0;mso-wrap-distance-left:0;mso-wrap- distance-top:0;mso-wrap-distance-right:9pt;mso-wrap-distance-bottom:0;mso-position-horizontal:left; mso-position-horizontal- relative:text;mso-position-verticakabsolute;mso-position-vertical-relative:text;mso-width-percent:0;mso-height-percent:0;mso-width- relative:page;mso-height-relative:page' o:button="t"> Tommy Trinh Student Worker San Diego County Treasurer -Tax Collector's Office 1600 Pacific Highway Rm. 152 1 San Diego, CA 92101 200 of 252 Below is the market price for National City. Let me know if you need anything else. National City Conversion of Oracle Cash Balance to COSD Pool Market Price Month Ended April 30th, 2020 COSD Pool Market Price COSD Pool Market Value National City percentage of MV share in COSD Pool Fund Description 44077 NATIONAL CITY INVESTMENT FUND Total for National City Oracle Cash Balance 35,843,238 35,843,238 Current Month 4/30/2020 Prior Month 3/31/2020 Pool YTM: 1.694 Prior Quarter 1/31/2020 Prior Year 4/30/2019 101.240% 101.179% 100.284% 99.708% 12,014,227, 566 10,389,378,044 10, 378,802,888 11,199,667,684 0.3018% 0.3475% 0.3452% 0.0746% Market Value 36,258,939 36,258,939 Market Value 36,104,777 36,104,777 Market Value 35,825,247 35,825,247 Market Value 8,354,952 8,354,952 * Please note that the National City Market Value reported above is a prorate shore of National City in the COSD Mvestment Pool and based on National City Cash Balance. Thank you, http://www.sdtreastax.com/" style='position:absolute;margin-left:0;margin-top:0;width:52.55pt;height:52.55pt;z- index:251659264;visibility:visible;mso-wrap-style:square;mso-width-percent:0;mso-height-percent:0;mso-wrap-distance-left:0;mso-wrap- distance-top:0;mso-wrap-distance-right:9pt;mso-wrap-distance-bottom:0;mso-position-horizontahleft;mso-position-horizontal- relative:text;mso-position-vertical:absolute;mso-position-vertical-relative:text;mso-width-percent:0;mso-height-percent:0;mso-width- relative:page;mso-height-relative:page' o:button="t"> Tommy Trinh Student Worker San Diego County Treasurer -Tax Collector's Office 1600 Pacific Highway Rm. 152 1 San Diego, CA 92101 Phone: 619.531.5275 1 Fax: 619.446.8222 1 www.sdttc.com 201 of 252 7/1/2020 LAIF Regular Monthly Statement California State Treasurer Fiona Ma, CPA Local Agency Investment Fund P.O. Box 942809 Sacramento, CA 94209-0001 (916) 653-3001 CITY OF NATIONAL CITY FINANCE DIRECTOR 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91950-4397 Account Number: 98-37-576 June 2020 Statement Account Summary Total Deposit: Total Withdrawal: July 01, 2020 LAIF Home PMIA Average Monthly Yields Tran Type Definitions 0.00 Beginning Balance: 0.00 Ending Balance: 18,492,493.05 18,492,493.05 https://laifms.treasurer.ca.gov/RegularStatementaspx 202 of 252 7/1/2020 LAIF Regular Monthly Statement California State Treasurer Fiona Ma, CPA Local Agency Investment Fund P.O. Box 942809 Sacramento, CA 94209-0001 (916) 653-3001 CITY OF NATIONAL CITY FINANCE DIRECTOR 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91950-4397 Account Number: 98-37-576 May 2020 Statement Effective Transaction Tran Confirm Date Date Type Number 5/8/2020 5/8/2020 RD 1641423 5/28/2020 5/28/2020 RD 1642587 Account Summary Total Deposit: Total Withdrawal: July 01, 2020 LAIF Home PMIA Average Monthly Yields Web Confirm Number N/A N/A Tran Type Definitions Authorized Caller KARIM GALEANA KARIM GALEANA 13,000,000.00 Beginning Balance: 0.00 Ending Balance: Amount 6,000,000.00 7,000,000.00 5,492,493.05 18,492,493.05 https://laifms.treasurer.ca.gov/RegularStatementaspx 203 of 252 5/4/2020 LAIF Regular Monthly Statement California State Treasurer Fiona Ma, CPA Local Agency Investment Fund P.O. Box 942809 Sacramento, CA 94209-0001 (916) 653-3001 CITY OF NATIONAL CITY FINANCE DIRECTOR 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91950-4397 Account Number: 98-37-576 April 2020 Statement ran Effective Transaction Type Confirm Date Date Type Number 4/15/2020 4/14/2020 Account Summary Total Deposit: Total Withdrawal: QRD 1637930 May 04, 2020 LAIF Home PMIA Average Monthly Yields Tran Type Definitions Web Confirm Number Authorized Caller N/A SYSTEM 27,503.84 Beginning Balance: 0.00 Ending Balance: Amount 27,503.84 5,464,989.21 5,492,493.05 https://laifms.treasurer.ca.gov/RegularStatementaspx 204 of 252 7/30/2020 Untitled Page BETTY T. YEE California State Controller LOCAL AGENCY INVESTMENT FUND REMITTANCE ADVICE Agency Name NATIONAL CITY Account Number 98-37-576 As of 07/15/2020, your Local Agency Investment Fund account has been directly credited with the interest earned on your deposits for the quarter ending 06/30/2020. Earnings Ratio Interest Rate Dollar Day Total Quarter End Principal Balance Quarterly Interest Earned $ $ .00003710668261400 1.36% 1,061,431,813.79 18,492,493.05 39,386.21 https://laif.sco.ca.gov/Result.aspx 205 of 252 7/30/2020 PMIA Average Monthly Effective Yields California State Treasurer Fiona Ma, CPA Home PMIA Home Contacts Time Deposits LAIF Home -» PMIA -» PMIA Average Monthly Effective Yields wYfsf r 5'6.,,.,e POOLED MONEY INVESTMENT ACCOUNT PMIA Average Monthly Effective Yields Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 1977 5.770 5.660 5.660 5.650 5.760 5.850 5.930 6.050 6.090 6.090 6.610 6.730 1978 6.920 7.050 7.140 7.270 7.386 7.569 7.652 7.821 7.871 8.110 8.286 8.769 1979 8.777 8.904 8.820 9.082 9.046 9.224 9.202 9.528 9.259 9.814 10.223 10.218 1980 10.980 11.251 11.490 11.480 12.017 11.798 10.206 9.870 9.945 10.056 10.426 10.961 1981 10.987 11.686 11.130 11.475 12.179 11.442 12.346 12.844 12.059 12.397 11.887 11.484 1982 11.683 12.044 11.835 11.773 12.270 11.994 12.235 11.909 11.151 11.111 10.704 10.401 1983 10.251 9.887 9.688 9.868 9.527 9.600 9.879 10.076 10.202 10.182 10.164 10.227 1984 10.312 10.280 10.382 10.594 10.843 11.119 11.355 11.557 11.597 11.681 11.474 11.024 1985 10.579 10.289 10.118 10.025 10.180 9.743 9.656 9.417 9.572 9.482 9.488 9.371 1986 9.252 9.090 8.958 8.621 8.369 8.225 8.141 7.844 7.512 7.586 7.432 7.439 1987 7.365 7.157 7.205 7.044 7.294 7.289 7.464 7.562 7.712 7.825 8.121 8.071 1988 8.078 8.050 7.945 7.940 7.815 7.929 8.089 8.245 8.341 8.397 8.467 8.563 1989 8.698 8.770 8.870 8.992 9.227 9.204 9.056 8.833 8.801 8.771 8.685 8.645 1990 8.571 8.538 8.506 8.497 8.531 8.538 8.517 8.382 8.333 8.321 8.269 8.279 1991 8.164 8.002 7.775 7.666 7.374 7.169 7.098 7.072 6.859 6.719 6.591 6.318 1992 6.122 5.863 5.680 5.692 5.379 5.323 5.235 4.958 4.760 4.730 4.659 4.647 1993 4.678 4.649 4.624 4.605 4.427 4.554 4.438 4.472 4.430 4.380 4.365 4.384 1994 4.359 4.176 4.248 4.333 4.434 4.623 4.823 4.989 5.106 5.243 5.380 5.528 1995 5.612 5.779 5.934 5.960 6.008 5.997 5.972 5.910 5.832 5.784 5.805 5.748 1996 5.698 5.643 5.557 5.538 5.502 5.548 5.587 5.566 5.601 5.601 5.599 5.574 1997 5.583 5.575 5.580 5.612 5.634 5.667 5.679 5.690 5.707 5.705 5.715 5.744 1998 5.742 5.720 5.680 5.672 5.673 5.671 5.652 5.652 5.639 5.557 5.492 5.374 1999 5.265 5.210 5.136 5.119 5.086 5.095 5.178 5.225 5.274 5.391 5.484 5.639 2000 5.760 5.824 5.851 6.014 6.190 6.349 6.443 6.505 6.502 6.517 6.538 6.535 2001 6.372 6.169 5.976 5.760 5.328 4.958 4.635 4.502 4.288 3.785 3.526 3.261 2002 3.068 2.967 2.861 2.845 2.740 2.687 2.714 2.594 2.604 2.487 2.301 2.201 2003 2.103 1.945 1.904 1.858 1.769 1.697 1.653 1.632 1.635 1.596 1.572 1.545 2004 1.528 1.440 1.474 1.445 1.426 1.469 1.604 1.672 1.771 1.890 2.003 2.134 2005 2.264 2.368 2.542 2.724 2.856 2.967 3.083 3.179 3.324 3.458 3.636 3.808 2006 3.955 4.043 4.142 4.305 4.563 4.700 4.849 4.946 5.023 5.098 5.125 5.129 2007 5.156 5.181 5.214 5.222 5.248 5.250 5.255 5.253 5.231 5.137 4.962 4.801 2008 4.620 4.161 3.777 3.400 3.072 2.894 2.787 2.779 2.774 2.709 2.568 2.353 2009 2.046 1.869 1.822 1.607 1.530 1.377 1.035 0.925 0.750 0.646 0.611 0.569 2010 0.558 0.577 0.547 0.588 0.560 0.528 0.531 0.513 0.500 0.480 0.454 0.462 2011 0.538 0.512 0.500 0.588 0.413 0.448 0.381 0.408 0.378 0.385 0.401 0.382 2012 0.385 0.389 0.383 0.367 0.363 0.358 0.363 0.377 0.348 0.340 0.324 0.326 2013 0.300 0.286 0.285 0.264 0.245 0.244 0.267 0.271 0.257 0.266 0.263 0.264 2014 0.244 0.236 0.236 0.233 0.228 0.228 0.244 0.260 0.246 0.261 0.261 0.267 2015 0.262 0.266 0.278 0.283 0.290 0.299 0.320 0.330 0.337 0.357 0.374 0.400 2016 0.446 0.467 0.506 0.525 0.552 0.576 0.588 0.614 0.634 0.654 0.678 0.719 2017 0.751 0.777 0.821 0.884 0.925 0.978 1.051 1.084 1.111 1.143 1.172 1.239 2018 1.350 1.412 1.524 1.661 1.755 1.854 1.944 1.998 2.063 2.144 2.208 2.291 2019 2.355 2.392 2.436 2.445 2.449 2.428 2.379 2.341 2.280 2.190 2.103 2.043 2020 1.967 1.912 1.787 1.648 1.363 1.217 Home I Open Government I Careers I Contact I Calendar Search https://www.treasurer. ca.g ov/pm is -la if/historical/avg_m n_yld s.asp 206 of 252 o4A01VES7-44, State of California 4. o PMIA 1,11 Pooled Money Investment Account o CD Co.41, Market Valation &9�C FT�'��4UID1tY�`��6/30/2020 Carrying Cost Plus Description Accrued Interest Purch. Amortized Cost Fair Value Accrued Interest United States Treasury: Bills $ 23,981,651,409.11 $ 24,057,110,770.12 $ 24,086,038,500.00 NA Notes $ 28,916,240,318.04 $ 28,914,282,796.34 $ 29,340,004,500.00 $ 125,755,726.50 Federal Agency: SBA $ 486,745,410.00 $ 486,745,410.00 $ 482,514,375.35 $ 206,984.81 MBS-REMICs $ 17,080,376.76 $ 17,080,376.76 $ 18,042,305.76 $ 79,578.32 Debentures $ 2,081,903,495.66 $ 2,081,807,732.33 $ 2,103,282,210.00 $ 8,935,239.97 Debentures FR $ - $ - $ - $ - Debentures CL $ 1,025,000,000.00 $ 1,025,000,000.00 $ 1,027,343,500.00 $ 857,834.00 Discount Notes $ 16,570,990,090.25 $ 16,612,067,694.50 $ 16,617,801,000.00 NA Supranational Debentures $ 614,688,043.27 $ 614,656,765.49 $ 619,258,800.00 $ 3,295,333.75 Supranational Debentures FR $ 200,128,103.33 $ 200,128,103.33 $ 200,124,773.71 $ 399,965.53 CDs and YCDs FR $ 500,000,000.00 $ 500,000,000.00 $ 500,132,000.00 $ 110,622.74 Bank Notes $ 100,000,000.00 $ 100,000,000.00 $ 100,198,708.70 $ 674,222.22 CDs and YCDs $ 12,700,650,610.28 $ 12,700,428,388.06 $ 12,706,251,524.80 $ 40,862,527.80 Commercial Paper $ 7,719,088,172.29 $ 7,736,449,795.89 $ 7,741,500,020.04 NA Corporate: Bonds FR $ - $ - $ - $ - Bonds $ - $ - $ - $ - Repurchase Agreements $ - $ - $ - $ - Reverse Repurchase $ - $ - $ - $ - Time Deposits $ 5,488,990,000.00 $ 5,488,990,000.00 $ 5,488,990,000.00 NA AB 55 & GF Loans $ 575,596,000.00 $ 575,596,000.00 $ 575,596,000.00 NA TOTAL $ 100,978,752,028.99 $ 101,110,343,832.82 $ 101,607,078,218.36 $ 181,178,035.64 Fair Value Including Accrued Interest * Governmental Accounting Standards Board (GASB) Statement #72 Repurchase Agreements, Time Deposits, AB 55 & General Fund loans, and Reverse Repurchase agreements are carried at portfolio book value (carrying cost). $ 101,788,256,254.00 The value of each participating dollar equals the fair value divided by the amortized cost (1.004912795). As an example: if an agency has an account balance of $20,000,000.00, then the agency would report its participation in the LAIF valued at $20,098,255.90 or $20,000,000.00 x 1.004912795. 207 of 252 Neighborhood National Bank 780 Bay Blvd Suite 205 Chula Vista, CA 91910 CITY OF NATIONAL CITY 1243 NATIONAL CITY BLVD. NATIONAL CITY, CA 91950 Subject: CDARS® Customer Statement Legal Account Title: CITY OF NATIONAL CITY Date 06/30/20 Page 1 of 3 Below is a summary of your certificate(s) of deposit, which we are holding for you as your custodian. These certificate(s) of deposit have been issued through CDARS by one or more FDIC -insured depository institutions. Should you have any questions, please contact us at 619-789-4422 or send an email to dwarren@mynnb.com. Summary of Accounts Reflecting Placements Through CDARS Account ID Effective Date Maturity Date Interest Rate Opening Balance Ending Balance 1022941778 08/22/19 08/20/20 1.47904% $2,010,726.22 $2,025,609.87 TOTAL $2,010,726.22 $2,025,609.87 CDARS® is a registered service mark of Promontory Interfinancial Network, LLC. CONTAINS CONFIDENTIAL INFORMATION 208 of 252 ACCOUNT OVERVIEW Account ID: 1022941778 Product Name: 52-WEEK PUBLIC FUND CD Interest Rate: 1.47904% Account Balance: $2,025,609.87 The Annual Percentage Yield Earned is 1.49%. CD Issued by Amalgamated Bank YTD Interest Paid: $1,793.48 Int Earned Since Last Stmt: $296.55 CD Issued by Bank of China YTD Interest Paid: Int Earned Since Last Stmt: $1,793.48 $296.55 CD Issued by Bank Hapoalim B.M. YTD Interest Paid: Int Earned Since Last Stmt: CD Issued by Bank OZK YTD Interest Paid: Int Earned Since Last Stmt: $1,793.48 $296.55 $1,793.48 $296.55 CD Issued by BOKF, National Association YTD Interest Paid: Int Earned Since Last Stmt: $1,793.48 $296.55 CD Issued by Cadence Bank, N.A. YTD Interest Paid: Int Earned Since Last Stmt: $1,793.48 $296.55 CD Issued by Franklin Synergy Bank YTD Interest Paid: $467.19 Int Earned Since Last Stmt: $77.25 CD Issued by Simmons Bank YTD Interest Paid: Int Earned Since Last Stmt: $1,793.48 $296.55 CD Issued by Southern States Bank YTD Interest Paid: $68.62 Int Earned Since Last Stmt: $11.35 Date 06/30/20 Page 2 of 3 Effective Date: Maturity Date: YTD Interest Paid: Int Earned Since Last Stmt: 05/30/20 OPENING BALANCE 06/30/20 Interest Payment 06/30/20 ENDING BALANCE 05/30/20 OPENING BALANCE 06/30/20 Interest Payment 06/30/20 ENDING BALANCE 05/30/20 OPENING BALANCE 06/30/20 Interest Payment 06/30/20 ENDING BALANCE 05/30/20 OPENING BALANCE 06/30/20 Interest Payment 06/30/20 ENDING BALANCE 05/30/20 OPENING BALANCE 06/30/20 Interest Payment 06/30/20 ENDING BALANCE 05/30/20 OPENING BALANCE 06/30/20 Interest Payment 06/30/20 ENDING BALANCE 05/30/20 OPENING BALANCE 06/30/20 Interest Payment 06/30/20 ENDING BALANCE 05/30/20 OPENING BALANCE 06/30/20 Interest Payment 06/30/20 ENDING BALANCE 05/30/20 OPENING BALANCE 06/30/20 Interest Payment 06/30/20 ENDING BALANCE 08/22/19 08/20/20 $14,883.65 $2,461.00 $242,292.51 1,793.48 $244,085.99 $242,292.51 1,793.48 $244, 085.99 $242, 292.51 1,793.48 $244,085.99 $242,292.51 1,793.48 $244,085.99 $242,292.51 1,793.48 $244,085.99 $242,292.51 1,793.48 $244,085.99 $63,116.12 467.19 $63, 583.31 $242,292.51 1,793.48 $244,085.99 $9,270.02 68.62 $9,338.64 CDARSO is a registered service mark of Promontory Interfinancial Network, LLC. CONTAINS CONFIDENTIAL INFORMATION 209 of 252 CD Issued by TowneBank YTD Interest Paid: Int Earned Since Last Stmt: Thank you for your business. $1,793.48 $296.55 05/30/20 OPENING BALANCE 06/30/20 Interest Payment 06/30/20 ENDING BALANCE Date 06/30/20 Page 3 of 3 $242,292.51 1,793.48 $244,085.99 CDARSO is a registered service mark of Promontory Interfinancial Network, LLC. CONTAINS CONFIDENTIAL INFORMATION 210 of 252 The following page(s) contain the backup material for Agenda Item: Warrant Register #3 for the period of 7/15/20 through 7/21/20 in the amount of $650,806.45. (Finance) Please scroll down to view the backup material. 211 of 252 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 1, 2020 ITEM TITLE: Warrant Register #3 for the period of 7/15/20 through 7/21/20 in the amount of $650,806.45. (Finance) AGENDA ITEM NO.: PREPARED BY: Karla Apalategui, Senior Accounting Assistant DEPARTMENT: F' PHONE: 619-336-4572 EXPLANATION: APPROVED BY: Per Government Section Code 37208, attached are the warrants issued for the period 7/15/20 - 7/21/20. Consistent with Department of Finance's practice, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation Basiel Construction Inc 348378 77,353.75 Sewer Upsize City of Chula Vista 348382 234,514.00 Shelter Dues / PD Portillo Concrete Inc 348449 91,000.50 Division -Euclid to Harbison Project Project Professional Corp 348455 117,306.64 Paradise Creek Park Exp. FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $650,806.45. ENVIRONMENTAL REVIEW APPROVED: `�*' Xa- FINANCE APPROVED: MIS This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION STAFF RECOMMENDATION: Ratify warrants totaling $650,806.45. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Warrant Register # 3 CALIFORNIA* PAYEE AETNA BEHAVIORAL HEALTH AMAZON BASILE CONSTRUCTION INC BROADWAY AUTO GLASS CHARLES PALUMBO CIRCULATE SAN DIEGO CITY OF CHULA VISTA CLAIMS MANAGEMENT ASSOCIATES CLF WAREHOUSE INC COLANTUONO HIGHSMITH COLANTUONO HIGHSMITH COMMERCIAL AQUATIC SERVICE INC CONSTANT CONTACT INC COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO COX COMMUNICATIONS DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DANIELS TIRE SERVICE DAY WIRELESS SYSTEMS DELGADO, E DELTA DENTAL INSURANCE CO DEPARTMENT OF JUSTICE DEPT OF JUSTICE D-MAX ENGINEERING INC DOUGHERTY, J EBSCO INFORMATION SERVICES EDD ENTERPRISE FLEET MANAGEMENT EXOS COMMUNITY SERVICES LLC FACTORY MOTOR PARTS FEDEX FIT TO WORK INC FITNESS DIRECT GEOSYNTEC CONSULTANTS INC GONZALES, R GURROLA, V GURROLA, V HAAKER EQUIPMENT COMPANY HDR ENGINEERING, INC. HERNANDEZ, A NATIONAL CIT? -p L`J U rp _ J WARRANT REGISTER # 3 7/21/2020 DESCRIPTION EMPLOYEE ASSISTANCE PROGRAM - JULY APERXDESK EDR-3612-BLACK ZT SERIES SEWER UPSIZE MATERIAL - WINDSHIELD TINT TRAINING REIMBURSMENT / PALUMBO 224 SRTS SHELTER DUES / PD PROFESSIONAL SERVICES MOP 80331 AUTO SUPPLIES - PW LIABILITY CLAIM COST LIABILITY CLAIM COST CHEMICALS - CHLORINE, ACID TABLETS COMMUNITY SERVICES CONSTANT CONTACT LAFCO COST FY 2020-21 SD PARKING CIT REV PER CODE GC76000-7610 NEXTGEN REGIONAL COMMUNICATIONS SYSTEM COX DATA VIDEO SERVICES FOR FY21 LIABILITY CLAIM COST LIABILITY CLAIM COST LIABILITY CLAIM COST LIABILITY CLAIM COST LIABILITY CLAIM COST LIABILITY CLAIM COST LIABILITY CLAIM COST LIABILITY CLAIM COST TIRES FOR CITY FLEET FOR FY 2020 COMMUNICATION EQUIPMENT SERVICE CHK NO 348376 348377 348378 348379 348380 348381 348382 348383 348384 348385 348386 348387 348388 348389 348390 348391 348392 348393 348394 348395 348396 348397 348398 348399 348400 348401 348402 COMMUNITY SERVICES CASA DE SALUD ACTIVITIES 348403 GRP #05-7029600000 JUNE 2020 3 NEW EMP FINGERPRINT TEST RESULTS-DOJ FINGERPRINTING FOR EMPLOYEES / PD URBAN FLOOD PROTECTION GRANT TRAINING REIM CHIA DOUGHERTY EBSCO DATABASE ANNUAL SUBSCRIPTON INVESTIGATIONS TOOL ENTERPRISE FLEET LEASES- ENG/PW EXOS MANAGEMENT FEES - MOP 82766 AUTO SUPPLIES - PW FEDEX EXPRESS SERVICES FOR LEAP GRANT ERGONOMIC EVALUATION, SUPPORT, TRAINING GYM TUNE UP AS NEEDED SERVICES TRAINING REIM FTO SUP RGONZ PROFESSIONAL SERVICES PROFESSIONAL SERVICES APEX WIRELESS HEADSET SEWER UPZING TRAINING POST ADV SUB SWAT TL 348404 348405 348406 348407 348408 348409 348410 348411 348412 348413 348414 348415 348416 348417 348418 348419 348420 348421 348422 348423 DATE 7/21/20 7/21/20 7/21/20 7/21/20 7/21/20 7/21/20 7/21/20 7/21/20 7/21/20 7/21/20 7/21/20 7/21/20 7/21/20 7/21/20 7/21/20 7/21/20 7/21/20 7/21/20 7/21/20 7/21/20 7/21/20 7/21/20 7/21/20 7/21/20 7/21/20 7/21/20 7/21/20 7/21/20 7/21/20 7/21/20 7/21/20 7/21/20 7/21/20 7/21/20 7/21/20 7/21/20 7/21/20 7/21/20 7/21/20 7/21/20 7/21/20 7/21/20 7/21/20 7/21/20 7/21/20 7/21/20 7/21/20 7/21/20 AMOUNT 1,038.20 3,827.03 77,353.75 214.69 296.26 9,865.50 234, 514.00 7,200.00 4.15 20.78 7.64 1,687.08 1,275.00 23,749.22 4,255.00 8,920.50 695.54 8,371.93 4,040.00 3,998.00 3,271.70 1,000.00 659.31 627.00 431.00 3,000.64 675.75 938.67 2,432.10 96.00 160.00 6,564.66 253.28 16,899.00 1,307.00 16,988.60 12,004.42 278.27 34.51 387.50 99.95 9,583.50 151.21 10,307.67 113.06 1,543.57 13,198.00 640.00 1/3 213 of 252 CALIFORNIA* PAYEE HINDERLITER DE LLAMAS HOME DEPOT CREDIT SERVICES HUB CONSTRUCTION INNOVATIVE CONSTRUCTION IPS GROUP INC KIMLEY HORN KRONOS INC LASER SAVER INC LOPEZ, R MAZZARELLA & MAZZARELLA LLP MCDOUGAL LOVE ECKIS MERCADO, MELISSA NATIONAL CITY MOTORCYCLES NAVRAI INC DBA STARDUST INN NEWSBANK INC NOWDOCS INTERNATIONAL INC NV5 INC OFFICE SOLUTIONS BUSINESS O'REILLY AUTO PARTS ORTIZ, GABRIEL PENSKE FORD PHILLIPS, W PIERSON, D PINNACLE TACTICAL SOLUTIONS PORTILLO CONCRETE INC POWERSTRIDE BATTERY CO INC PRIASOFT, INC. PRO BUILD COMPANY PROFESSIONAL SEARCH GROUP LLC PROGRESSIVE SOLUTIONS INC PROJECT PROFESSIONALS CORP PRUDENTIAL OVERALL SUPPLY QUESTYS SOLUTIONS SANDAG SCANLON, D SCST INC SDG&E SHER EDLING LLP SHRED IT USA SMART SOURCE OF CALIFORNIA LLC SOUTH COAST EMERGENCY SOUTH COUNTY ECONOMIC SPEEDPRO IMAGING STAPLES BUSINESS ADVANTAGE STATEWIDE TRAFFIC SAFETY STC TRAFFIC SWEETWATER AUTHORITY TECHNOLOGY INTEGRATION GROUP NATIONAL CIT? L`J Up _ J WARRANT REGISTER # 3 7/21/2020 DESCRIPTION TRANSACTIONS TAX Q4 2019 FY 19/20 GENERAL SUPPLIES NEEDED FOR BUILDING ELEPHANT ARMOR, CEMENT PARADISE CREEK WATER Q. ENFORCEMENT - MAY ROOSEVELT SMART GROWTH KRONOS ANNUAL MAINTENANCE AND LICENSING COMMUNITY SERVICES MLK OFFICE SUPPLIES TRAINING ADV LDG TACT LDER / PD LIABILITY CLAIM COST LIABILITY CLAIM COST REFUND/ASTROJUMP PERMIT FEE REMOVE AND REPLACE THE BRAKE PADS RELOCATION ASSISTANCE / NSD NEWSBANK ANNUAL SUBSCRIPTION GREEN VOID BOTTOM CHECKS #285 / FINANCE PARADISE CREEK GEOTECHNICAL MOP 83778 OFFICE SUPPLIES FINANCE MOP 75877 AUTO SUPPLIES - PW LIABILITY CLAIM COST R&M CITY VEHICLES FOR FY 2019 TRAINING REIM PHILLIPS SR TRAINING POST ADV SWAT TL TRAINING TUITION TACTICAL BREACH / LOPEZ / PD DIVISION-EUCLID TO HARBISON PROJECT MOP 67839 AUTO SUPPLIES - PW PRODUCT #PSE-MIGRATION-T1 TOOL SHED, STATION #31 TEMPORARY SVC/ NSD SOFTWARE MAINTENANCE 7/1/20 -6/30/21 PARADISE CREEK PARK EXP. MOP 45742 LAUNDRY SERVICES - PW QUESTYS ANNUAL RENEWAL 7/1/20 - 6/30/21 FY2021 MEMBER AGENCY ASSESSMENT TRAINING REIM K9 CON SCANLON EUCLID AVE BICYCLE & PED. ENH. GAS & ELECTRIC UTILITIES FOR PW FY 2020 PROFESSIONAL SERVICES / CAO SHRED SERVICE FFOR JUNE 415 NOISE COMPLAINT BOOKS PARTS - OIL AND OIL FILTERS FY 2020/2021 MEMBERSHIP DUES JULY 1,2020 DECAL / PW MOP #45704/COPY PAPER/HR CUSTOM SIGN / PW CITYWIDE CAMERAS SERVICES WATER BILL FOR STREETS AND WASTEWATER MISC MIS EQUIP CHK NO DATE AMOUNT 348424 7/21/20 568.02 348425 7/21/20 100.46 348426 7/21/20 207.28 348427 7/21/20 27,512.50 348428 7/21/20 2,086.80 348429 7/21/20 49,702.78 348430 7/21/20 20.70 348431 7/21/20 304.39 348432 7/21/20 254.25 348433 7/21/20 125.00 348434 7/21/20 122.50 348435 7/21/20 25.00 348436 7/21/20 2,073.84 348438 7/21/20 2,252.36 348439 7/21/20 5,215.00 348440 7/21/20 365.40 348441 7/21/20 41,252.47 348442 7/21/20 423.21 348443 7/21/20 32.60 348444 7/21/20 2,125.29 348445 7/21/20 1,628.06 348446 7/21/20 430.16 348447 7/21/20 640.00 348448 7/21/20 600.00 348449 7/21/20 91,000.50 348450 7/21/20 97.03 348451 7/21/20 7,495.42 348452 7/21/20 1,468.59 348453 7/21/20 2,382.04 348454 7/21/20 19,763.36 348455 7/21/20 117,306.64 348456 7/21/20 196.59 348457 7/21/20 19,479.09 348463 7/21/20 24,078.00 348464 7/21/20 392.81 348465 7/21/20 4,080.00 348466 7/21/20 10,714.25 348467 7/21/20 15,484.28 348468 7/21/20 114.76 348469 7/21/20 2,383.80 348470 7/21/20 466.63 348471 7/21/20 2,500.00 348472 7/21/20 609.38 348473 7/21/20 824.93 348474 7/21/20 6,157.43 348475 7/21/20 30,094.14 348476 7/21/20 465.04 348477 7/21/20 751.47 2/3 214 of 252 CALIFORNIA* PAYEE THE BUMPER GUY INC THE COUNSELING TEAM TRUE CUSTOMS UNDERGROUND SERVICE ALERT UNITED PARCEL SERVICE UNITED ROTARY BRUSH CORP VERIZON WIRELESS VIDEO TRACK LLC VIDEO TRACK LLC VIDEO TRACK LLC VIDEO TRACK LLC VIDEO TRACK LLC VIDEO TRACK LLC WETMORES WILLY'S ELECTRONIC SUPPLY WSP USA INC SECTION 8 HAPS NATIONAL CIT? -p L`J U rp _ J WARRANT REGISTER # 3 7/21/2020 DESCRIPTION PAINT SUPPLIES PEER SUPPORT JUNE / PD WINDOW TINT UNDERGROUND SERVICE ALERT FY 2020 MOP 05274 PD SHIPPING STREET SWEEPER REPAIRS AND MAINTENANCE VERIZON CELLULAR SERVICES FOR FY21 LIABILITY CLAIM COST LIABILITY CLAIM COST LIABILITY CLAIM COST LIABILITY CLAIM COST LIABILITY CLAIM COST LIABILITY CLAIM COST MOP 80333 AUTO SUPPLIES — PW WILLY'S ELECTRONICS MOP FY21 FOCUSED GENERAL PLAN UPDATE / ENG Start Date 7/15/2020 End Date 7/21/2020 GRAND TOTAL CHK NO DATE AMOUNT 348478 7/21/20 2,425.76 348479 7/21/20 800.00 348480 7/21/20 180.00 348481 7/21/20 536.23 348482 7/21/20 17.14 348483 7/21/20 1,711.05 348484 7/21/20 123.33 348485 7/21/20 3,419.00 348486 7/21/20 1,850.00 348487 7/21/20 420.00 348488 7/21/20 245.00 348489 7/21/20 227.50 348490 7/21/20 32.00 348491 7/21/20 47.57 348492 7/21/20 289.59 348493 7/21/20 41,445.73 AIP Total 643,186.45 7,620.00 $ 650,806.45 3/3 215 of 252 CERTIFICATION IN ACCORDANCE WITH SECTIONS 37202, 37208, AND 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. MARK ROBERTS, DIRECTOR OF FINANCE BRAD RAULSTON, CITY MANAGER FINANCE COMMITTEE ALEJANDRA SOTELO-SOLIS, MAYOR/CHAIRWOMAN MONA RIOS, VICE MAYOR JERRY CANO, COUNCILMEMBER GONZALO QUINTERO, COUNCILMEMBER RONALD J. MORRISON, COUNCILMEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 1ST OF SEPTEMBER 2020. AYES NAYS ABSENT 216 of 252 The following page(s) contain the backup material for Agenda Item: Warrant Register #4 for the period of 7/22/20 through 7/28/20 in the amount of $2,209,092.95. (Finance) Please scroll down to view the backup material. 217 of 252 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 1, 2020 AGENDA ITEM NO.: ITEM TITLE: Warrant Register #4 for the period of 7/22/20 through 7/28/20 in the amount of $2,209,092.95. (Finance) PREPARED BY: Karla Apalategui, Senior Accounting Assistant DEPARTMENT: Fa PHONE: 619-336-4572 APPROVED BY: Per Government Section Code 37208, attached are the warrants issued for the period 7/22/20 - 7/28/20. Consistent with Department of Finance's Vendor Health Net Inc Health Net Inc Check/Wire 348530 348531 Innovative Construction 348537 KTUA 348541 MJC Construction 348547 Pal Gen Engineering 348552 Portillo Concrete Inc 348554 Project Professionals Corp 348558 practice, listed below Amount 80,333.39 74,551.59 86,728.00 112,146.25 84, 343.34 56,171.98 402,069.03 51,603.40 are all payments above $50,000. Explanation Grp# R1192A — Aug 2020 Grp# R1192A — Jul 2020 CIP Euclid Bicycle & Ped. Enh. Waterfront to Homefront Project Emergency Storm Drain Repair CIP 19-38 E. 16' St. Road Rehab. CIP 19-05 Palm Avenue Road Reh Paradise Creek Park Expansion FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $2,209,092.95. APPROVED: `4//74?-4% �G� 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 $2,209,092.95. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Warrant Register # 4 21 o Ot 252 CALIFORNIA* PAYEE ACE UNIFORMS & ACCESSORIES INC ADMINSURE INC AMAZON AMAZON AT&T AT&T BEECHER, J BOOT WORLD CHEN RYAN ASSOCIATES INC CIRCULATE SAN DIEGO CITY OF NATIONAL CITY COUNTY OF LOS ANGELES COUNTY OF SAN DIEGO COX COMMUNICATIONS DELL MARKETING L P DELTA DENTAL DELTA DENTAL DELTA DENTAL DELTA DENTAL DELTA DENTAL INSURANCE CO DELTA DENTAL INSURANCE CO D-MAX ENGINEERING INC FLEET SERVICES INC GEOSYNTEC CONSULTANTS INC GOVERNMENT FINANCE GRAINGER HEALTH NET HEALTH NET HEALTH NET HEALTH NET HEALTH NET HEALTH NET HEALTH NET HEALTH NET HEALTH NET INC HEALTH NET INC HEALTH NET INC HEALTH NET INC HEALTH NET INC HEALTH NET INC HEALTH NET INC INNOVATIVE CONSTRUCTION JANI-KING OF CALIFORNIA INC KIMLEY HORN KREPPS, B KTUA LANGUAGE LINE SERVICES LASER SAVER INC LIGHTWERKS COMMUNICATION NATIONAL CIT? L`J Up _ J WARRANT REGISTER # 4 7/28/2020 DESCRIPTION ACE UNIFORMS / NSD AGREEMENT TO PROVIDE MONTHLY SERVICES - COVID-19 WHITE MARKER ARROW DECALS-ENG COVID-19-GLASS CLAMP CLIPS - ENG/PW AT&T SBC ANNUAL PHONE SERVICE FOR FY20 AT&T SBC ANNUAL PHONE SERVICE FOR FY20 LICENSE REIMBURSEMENT MOP 64096 SAFETY WEARING APPAREL - PW 24TH ST. TODO 224 SRTS PETTY CASH PERIOD END JUNE 2020 GUNSHOT RESIDUE TESTS AS NEEDED FOR FY NEXTGEN REGIONAL COMMUNICATIONS SYSTEM COX DATA VIDEO SERVICES FY20 DELL LATITUDE 7200 21N1 AUG 2020 DENTAL INS PREMIER 05-090860000 JUL 2020 DENTAL INS PREMIER 05-090860000 AUG 2020 GRP#05-0908601002 JUL 2020 GRP#05-0908601002 JULY 2020 GRP#05-7059600000 AUG 2020 GRP#05-7029600000 CALFIRE URBAN FOREST EXP. MOP 67804 AUTO SUPPLIES - PW CNC AS NEEDED SERVICES GFOA ANNUAL MEMBERSHIP DUES VARIOUS SAFETY SUPPLIES FOR PW GRP # R1192Q JULY 2020 GRP#R1192Q AUG 2020 GRP #N7177A-AUG 2020 GRP #N7177A - JULY 2020 GRP #N7176F-AUG 2020 GRP #N7176F - JULY 2020 GRP #R1192R-AUG 2020 GRP# R1192R JULY 2020 GRP#R1192A-AUG 2020 GRP #R1192A - JULY 2020 GRP #LB439A - JUL 2020 GRP #LB439A-AUG 2020 GRP #57135A - JULY 2020 GRP #57135M-AUG 2020 GRP #57135M - JULY 2020 CIP 18-10 EUCLID BICYCLE & PED. ENH. COVID -19 JANITORIAL SERVICES - PW 2020 ADA GIS EDUCATION REIMBURSEMENT WATERFRONT TO HOMEFRONT PROJECT INTERPRETATION SERVICES / PD LASER SAVER MOP FY20 AUDIO AND VISUAL EQUIPMENT 1/2 CHK NO 348496 348497 348498 348499 348500 348501 348502 348503 348504 348505 348506 348507 348508 348509 348510 348511 348512 348513 348514 348515 348516 348517 348518 348519 348520 348521 348522 348523 348524 348525 348526 348527 348528 348529 348530 348531 348532 348533 348534 348535 348536 348537 348538 348539 348540 348541 348542 348543 348544 DATE 7/28/20 7/28/20 7/28/20 7/28/20 7/28/20 7/28/20 7/28/20 7/28/20 7/28/20 7/28/20 7/28/20 7/28/20 7/28/20 7/28/20 7/28/20 7/28/20 7/28/20 7/28/20 7/28/20 7/28/20 7/28/20 7/28/20 7/28/20 7/28/20 7/28/20 7/28/20 7/28/20 7/28/20 7/28/20 7/28/20 7/28/20 7/28/20 7/28/20 7/28/20 7/28/20 7/28/20 7/28/20 7/28/20 7/28/20 7/28/20 7/28/20 7/28/20 7/28/20 7/28/20 7/28/20 7/28/20 7/28/20 7/28/20 7/28/20 AMOUNT 577.35 7,872.50 18.61 0.10 6,408.80 90.38 75.00 1,883.85 25,287.50 4,137.89 527.70 804.00 9,081.38 348.00 14,108.50 14,660.98 14,390.61 416.11 416.11 2,432.10 2,420.22 3,829.40 105.45 8,099.25 595.00 1,351.36 3,939.84 1,969.92 1,860.36 1,860.36 1,598.46 1,598.46 832.36 832.36 80,333.39 74,551.59 6,457.40 2,946.00 2,504.29 1,252.16 1,252.16 86,728.00 19,269.22 695.00 355.00 112,146.25 132.29 305.48 24,999.43 219 of 252 CALIFORNIA* PAYEE MCDOUGAL LOVE ECKIS METEAU JR, R MJC CONSTRUCTION MORRISON, R NV5 INC OFFICE SOLUTIONS BUSINESS O'REILLY AUTO PARTS PAL GENERAL ENGINEERING INC PARTS AUTHORITY METRO LLC PORTILLO CONCRETE INC POWERSTRIDE BATTERY CO INC PRO BUILD COMPANY PROFESSIONAL SEARCH GROUP LLC PROJECT PROFESSIONALS CORP PRUDENTIAL OVERALL SUPPLY PTS RANDALL LAMB ASSOCIATES INC REAL, MANUEL RELY ENVIRONMENTAL SAM'S ALIGNMENT SAN DIEGO HYDRAULICS SCST INC SITEONE LANDSCAPE SUPPLY LLC SOUTHERN CALIF TRUCK STOP STAPLES BUSINESS ADVANTAGE SUNBELT RENTALS, INC. SWAGIT PRODUCTION LLC TECHNOLOGY INTEGRATION GROUP THE SHERWIN WILLIAMS CO U S BANK VERIZON WIRELESS VISION SERVICE PLAN VISTA PAINT WAXIE SANITARY SUPPLY WESTFLEX INDUSTRIAL WILLY'S ELECTRONIC SUPPLY PAYROLL Pay period Start Date 14 6/30/2020 NATIONAL CIT? L`J Up _ J WARRANT REGISTER # 4 7/28/2020 DESCRIPTION PROFESSIONAL SERVICES / CAO ICMA ANNUAL MEMBERSHIP 2020/2021 EMERGENCY STORM DRAIN REPAIR RETIREE HEALTH BENEFITS NOV 2019 W. 22ND AND WILSON AVE. & SIDEWALK MOP83778 OFFICE SUPPLIES FINANCE MOP 75877 GENERAL SUPPLIES - PW CIP 19-38 E. 16TH ST. ROAD REHAB. MOP 75943 GENERAL SUPPLIES - PW CIP 19-05 PALM AVENUE ROAD REH. MOP 67839 GENERAL SUPPLIES - PW MOP 45707 GENERAL SUPPLIES - PW TEMPORARY SERVICES / NSD CAP 18 — 16 PARADISE CREEK PARK EXPANSION MOP 45742 LAUNDRY SERVICES - PW PAYPHONE SERVICES PEAK DEMAND LOAD REDUCTION ANALYSIS CITATION DISMISSED/REFUND CONTRACT SERVICE FIRE STA. #31 AND 34 MOP 72442 AUTO SUPPLIES — PW HOSE ASSEMBLY / PW CIP 18 — 11 PARADISE CREEK WATER QUALITY MOP 69277 LANDSCAPE SUPPLIES - PW MOP 45758 GENERAL AUTO SUPPLIES - PW STAPLE MOP FY20 LAS PALMAS POOL SWAGIT WEBCASTING FOR FY20 MISC SUPPLIES FOR PD MIS DEPT NOT MOP 77816 PAINT SUPPLIES / NSD TRAINING CRT CRD PD VERIZON CELLULAR SERVICES FOR FY20 JULY 2020 VISION SVC PLAN (CA) MOP 68834 PAINT SUPPLIES / NSD COVID 19 CLEANING AND DISINFECTING MOP 45758 GENERAL AUTO SUPPLIES - PW WILLY'S ELECTRONICS MOP FY20 End Date 7/13/2020 Check Date 7/22/2020 CHK NO DATE AMOUNT 348545 7/28/20 16,650.00 348546 7/28/20 285.00 348547 7/28/20 84,343.34 348548 7/28/20 520.00 348549 7/28/20 750.00 348550 7/28/20 28.54 348551 7/28/20 54.83 348552 7/28/20 56,171.98 348553 7/28/20 15.92 348554 7/28/20 402,069.03 348555 7/28/20 289.19 348556 7/28/20 2,729.42 348557 7/28/20 2,640.00 348558 7/28/20 51,603.40 348559 7/28/20 469.70 348560 7/28/20 85.80 348561 7/28/20 6,000.00 348562 7/28/20 355.00 348563 7/28/20 1,630.00 348564 7/28/20 220.00 348565 7/28/20 193.68 348566 7/28/20 469.50 348567 7/28/20 363.62 348568 7/28/20 221.75 348569 7/28/20 1,359.33 348570 7/28/20 15,373.96 348571 7/28/20 1,920.83 348572 7/28/20 633.20 348573 7/28/20 152.75 348574 7/28/20 881.31 348575 7/28/20 4.60 348576 7/28/20 837.63 348577 7/28/20 971.54 348578 7/28/20 3,382.29 348579 7/28/20 12.51 348580 7/28/20 502.52 A/P Total 1,202,550.10 1,006,542.85 GRAND TOTAL $ 2,209,092.95 2/2 220 of 252 CERTIFICATION IN ACCORDANCE WITH SECTIONS 37202, 37208, AND 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. MARK ROBERTS, DIRECTOR OF FINANCE BRAD RAULSTON, CITY MANAGER FINANCE COMMITTEE ALEJANDRA SOTELO-SOLIS, MAYOR/CHAIRWOMAN MONA RIOS, VICE MAYOR JERRY CANO, COUNCILMEMBER GONZALO QUINTERO, COUNCILMEMBER RONALD J. MORRISON, COUNCILMEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 1ST OF SEPTEMBER 2020. AYES NAYS ABSENT 221 of 252 The following page(s) contain the backup material for Agenda Item: Public Hearing and Introduction of an Ordinance of the City Council of the City of National City Amending the National City Municipal Code Section 16.09.010 of Chapter 16.09 of Title 16 by reducing and modifying the membership of the Veterans and Military Families Advisory Committee. (City Manager) Please scroll down to view the backup material. 222 of 252 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 1, 2020 AGENDA ITEM NO. ITEM TITLE: An Ordinance of the City Council of the City of National City Amending the National City Municipal Code Section 16.09.010 of Chapter 16.09 of Title 16 by reducing and modifying the membership of the Veterans and Military Families Advisory Committee. PREPARED BY: Lauren Maxilom, Management Analyst II Tony Winney, Assistant City Manager EXPLANATION: DEPARTMENT: Cit APPROVED BY: er's Sffice At the August 18, 2020 City Council meeting, the City Council requested staff bring back amendments to Municipal Code section 16.09.010 Veterans and Military Families Advisory Committee. The proposed amendments include reducing the membership from eleven to seven and modifying the residency requirements to allow for up to two non-residents, similar to those requirements of the Community and Police Relations Commission. The staff report is attached with additional information. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: X FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Staff recommends adopting the ordinance amending Municipal Code section 16.09.010 BOARD I COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Staff report 2. Committee roster 3. Existing Ordinance 4. Proposed Ordinance amending section 16.09.010 223 of 252 09/1/2020 Staff report Veterans and Military Families Advisory Committee At the August 18, 2020 City Council meeting, staff brought forward an item to repeal section 16.09 of the National City Municipal Code in its entirety to dissolve the Veterans and Military Families Advisory Committee. This recommendation was brought forth as a result of the February 4, 2020 City Council meeting, where the City Council requested staff bring back a report on the status of the Veterans and Military Families Advisory Committee including the attendance, resident status, and committee roster. During the August 18, 2020 City Council meeting, Councilmember Morrison made a motion to reduce the eleven member committee to seven members. The motion was confirmed by Councilmember Quintero and unanimously approved. Further direction was given regarding the residency requirements. Of the proposed seven voting members, five would be National City residents, and up to two voting members may be non- residents, similar to those requirements of the Community and Police Relations Commission. Staff contacted the current ten committee members on their desire to continue to serve. • 3 resident committee members expressed a desire to continue to serve • 4 non-resident committee members expressed a desire to continue to serve • 1 non-resident committee member requested to step down • 1 resident committee member did not respond • 1 non-resident committee member did not respond In addition to introducing the ordinance staff needs further direction on the following: • The appointment process of the amended committee members • Staggering the 4 year terms Attendance 2019 February 28, 2019 - quorum Present Aguilar -Perez, Barajas, Burton, Ferrill, Minton, Ramirez, Slade Absent — Hunter, Norton, Storer March 13, 2019 — no quorum Present — Ferrill, Minton, Ramirez Absent -- Aguilar -Perez, Barajas, Burton, Hunter, Norton, Slade, Storer Page 1 of 3 224 of 252 2020 April 25, 2019 - quorum Present — Aguilar -Perez, Barajas, Burton, Ferrill, Minton, Ramirez, Slade Absent — Hunter, Norton, Storer May 28, 2019 — no quorum July 25, 2019 - quorum Present — Ferrill, Griffin, Hunter, Minton, Norton, Slade Absent — Aguilar Perez, Barajas, Burton, Ramirez, Storer October 24, 2019 — cancelled due to lack of quorum January 23, 2020 — cancelled due to lack of quorum April 23, 2020 — cancelled per COVID-19 July 23, 2020 — cancelled per COVID-19 Background The ordinance amending Title 16 of the National City Municipal Code adding Chapter 16.09 establishing a Veterans and Military Families Advisory Committee was adopted on February 21, 2017. Some important areas to highlight in the original ordinance are: • 11 member volunteer committee • Appointments by the Mayor with confirmation by City Council • Committee members may be residents or non-residents • Meetings to be held quarterly (at a minimum) • City staff to provide administrative support to the Committee Purpose of the Committee The National City Veterans and Military Families Advisory Committee serves in an advisory capacity to the City Council of the City of National City on matters related to the support of our veterans and military community. The Committee makes recommendations to the City Council with respect to veterans and military service member -related issues, ceremonies, and other activities that occur within National City. Committee meetings provide a forum for discussion of issues relating to veterans and military families. The Committee provides advice and assistance to National City Page 2 of 3 225 of 252 residents regarding resources available for veterans, military personnel, and their families. The Committee acts as a conduit of communication and coordination between the local veteran and military community, and the City of National City. The Committee's responsibilities may include providing recommendations to the City Council on issues of interest to veterans, military personnel, and their families; providing a forum to discuss and help resolve issues, encouraging and promoting awareness, planning and assisting the City with planning of events honoring the heritage of our veterans and military community to establish and promote positive relations within the City; and serving as a liaison between the City of National City and community partners. Meeting History The Mayor and Council interviewed and appointed committee members from July, 2017 through July of 2018. After all committee members were sworn in by August 2018, staff made contact to coordinate their first meeting. It took many attempts to confirm quorum attendance and the first Veterans and Military Families Advisory Committee meeting was held on February 28, 2019. To date the committee has held three regular meetings (February 28, 2019 - April 25, 2019 - July 25, 2019). Four other meetings (March 13, 2019 - May 28, 2019 - October 24, 2019 - January 23, 2020) were either canceled or unable to start the meeting due to a lack of quorum. The April 23, 2020 and July 23, 2020 meetings were cancelled due to COVID-19. Recommendation Staff recommends adopting the ordinance amending Municipal Code section 16.09.010 Veterans and Military Families Advisory Committee to reduce and modify the membership from eleven members to seven members. Of the seven members, five shall be National City residents, and up to two may be non-residents. Page 3 of 3 226 of 252 Veterans and Military Families Advisory Committee Committee Members 1. Jesse Aguilar -Perez * 2. Victor Barajas 3. Talisin Burton 4. Shirley Ferrill * 5. Christina Griffin 6. Natalie Limbaga * 7. Mona Minton 8. Stepheni Norton * 9. Luz Ramirez 10. James Slade 11. VACANT resident * continue on committee step down from committee Amended August 25, 2020 227 of 252 ORDINANCE NO. 2017 -- 2432 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 1 6 OF THE NATIONAL CITY MUNICIPAL CODE BY RENUMBERING CHAPTER 16.09 TO CHAPTER 16,10 AND ADDING A NEW CHAPTER 16.09 ESTABLISHING A VETERANS AND MILITARY FAMILIES ADVISORY COMMITTEE WHEREAS, at the March 1, 2016 regular City Council meeting, the City Council approved the City Manager's recommendation to form a working group whose task was to develop a recommendation to the City Council to form a military advisory committee and its purpose and responsibilities; and WHEREAS, the working group presented a report to the City Council at the October 4, 2016 City Council meeting regarding the creation of a Veterans and Military Families Advisory Committee (the "Committee") made up of volunteers charged with advising the City Council an matters related to the support of our veterans and military community, making recommendations to the City Council with respect to veterans and military service member related issues, ceremonies, and other activities that occur within National City, and providing a forum for discussion of issues relating to veterans and military families; and WHEREAS, the Committee would also provide advice and assistance to National City residents regarding resources available for veterans and military families, and act as a conduit of communication and coordination between the local veteran and military community, and the City of National City. NOW THEREFORE, the City Council of the City of National City does ordain as follows: Section 1. Title 16 of the National City Municipal Code is amended by amending the Table of Contents to read as follows: TITLE 16 Chapters: 16.01 City Boards, Commissions, and Committees 16.02 Civil Service Commission 16.03 Committee on Housing and Community Development 16.04 Community and Police Relations Commission 16.05 Park, Recreation, and Senior Citizen's Commission 16.06 Planning Commission 16.07 Public Art Committee 16.08 Traffic Safety Committee 16.09 Veterans and Military Families Advisory Committee 16.10 Provisions applicable to all Boards, Commissions, and Committees : 228 of 252 Section 2. reads as follows: Sections: Chapter 16.09 is added to Title 16 of the National City Municipal Code to 16.09 VETERANS AND MILITARY FAMILIES ADVISORY COMMITTEE 16.09.010 Created 16,09,020 Purpose 16.09.030 Term — Vacancy 16.09.040 Chair — Offices — Staff support 16.09,050 Bylaws and operating procedures 16.09.060 Meetings — Functions and authority 16,09.070 Residency requirement — Compensation 16.09.010 Created. Pursuant to the authority granted by Sections 36505 — 36506 of the California Government Code, there is hereby created a veterans and military families advisory committee, consisting of eleven (11) members to be appointed by the mayor subject to confirmation by the city council, and serving at the pleasure of the mayor and city council, 16.09.020 Purpose. The National City Veterans and Military Families Advisory Committee serves in an advisory capacity to the City Council of the City of National City on matters related to the support of our veterans and military community. The Committee makes recommendations to the City Council with respect to veterans and military service member - related issues, ceremonies, and other activities that occur within National City. Committee meetings provide a forum for discussion of issues relating to veterans and military families. The Committee provides advice and assistance to National City residents regarding resources available for veterans, military personnel, and their families. The Committee acts as a conduit of communication and coordination between the local veteran and military community, and the City of National City. The Committee's responsibilities may include providing recommendations to the City Council on issues of interest to veterans, military personnel, and their families; providing a forum to discuss and help resolve issues, encouraging and promoting awareness, planning and assisting the City with planning of events honoring the heritage of our veterans and military community to establish and promote positive relations within the City; and serving as a liaison between the City of National City and community partners. 16.09,020 Term — Vacancy. A. The members of the veterans and military families advisory committee shall be appointed for staggered terms of four (4) years. Ordinance No, 2017-2432 2 Veterans and Military Families Adding NCMC Chapter 16.09 Advisory Committee 229 of 252 B. If a vacancy occurs other than by expiration of a term, such vacancy shall be filled by appointment for the unexpired portion of said term in the same manner as original appointments are made. C. In the event of expiration of a term, the member of the committee whose term has expired shall continue to serve until their successor is appointed and sworn into office. 16.09.030 Chair — Offices — Staff support. The veterans and military families advisory committee shall annually elect its chair from among the appointed members and, subject to the provisions of law, may create and fill such other offices as it deems necessary. The city council shall provide such staff assistance as the council deems appropriate. 16.09.040 Bylaws and operating procedures. The veterans and military families advisory committee may adopt bylaws and operating procedures from time to time, provided that if any provision of such bylaws or operating procedures conflicts with this Chapter 16.09, this Chapter shall prevail. The bylaws shall contain provisions relating to attendance of committee members. 16.09.050 Meetings —Functions and authority. A. The veterans and military families advisory committee shall hold at least one regular meeting each quarter, and shall keep a record of its resolutions, transactions, findings, and determinations, which record shall be a public record unless the city attorney determines otherwise. Any regular meeting may be dispensed with by a majority vote of the committee. Special meetings as are necessary may be called by the chair or a majority of the members of the committee after at least twenty-four hours' written notice has been posted and served upon the members of the committee. All meetings shall be conducted in compliance with the Ralph M. Brown Act (the "Open Meeting Law", California Government Code Section 54950 et seq.). B. The committee shall investigate, consider, and act upon all matters referred to it by appropriate public officials or agencies or private citizens concerning members of the military, military veterans, and their families residing in the city; and conduct such investigations and prepare such reports as it is directed so to do by the city council; conduct investigations and prepare such reports as it deems appropriate upon request of responsible private citizens or organizations. C. A quorum to conduct business consists of a majority of the members of the committee. D. A majority of a quorum is necessary to act upon a matter. 16.09.060 Residency requirement —Compensation, The members of the veterans and military families advisory committee may be residents or non-residents of the city and need not be electors of the city. Committee members shall serve without compensation, except that the city council may from time to time pay such expenses of committee members that are incurred during the conduct of committee business as the council deems appropriate. [Signature Page to Follow] Ordinance No, 2017-2432 3 Veterans and Military Families Adding NCMC Chapter 16,09 Advisory Committee 230 of 252 PASSED and ADOPTED this 218' day of February, 2017. Ron Morrison, Mayor ATTEST: Mich el R. Della,city Clerk APPROVED AS TO FORM: 7)George H. H. Eiser, Ill Interim City Attorney Ordinance No. 2017-2432 4 Veterans and Military Families Adding NCMC Chapter 16.09 Advisory Committee 231 of 252 Passed and adopted by the Council of the City of National City, California, on February 21, 2017 by the following vote, to -wit: Ayes: Councilmembers Cano, Mendivil, Morrison, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: By: RON MORRISON Mayor of the City of National City, California Id City Clerk of the City of ational City, California Deputy I HEREBY CERTIFY that the foregoing Ordinance was not finally adopted until seven calendar days had elapsed between the day of its introduction and the day of its final passage, to wit, on February 7, 2017 and on February 21, 2017, I FURTHER CERTIFY THAT said Ordinance was read in full prior to its final passage or that the reading of said Ordinance in full was dispensed with by a vote of not less than a majority of the members elected to the Council and that there was available for the consideration of each member of the Council and the public prior to the day of its passage a written or printed copy of said Ordinance, I FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of ORDINANCE NO. 2017-2432 of the City Council of the City of National City, passed and adopted by the Council of said City on February 21, 2017. By: City Clerk of the City of National City, California Deputy 232 of 252 ORDINANCE NO. 2020 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING THE NATIONAL CITY MUNICIPAL CODE SECTION 16.09.010 OF CHAPTER 16.09 OF TITLE 16 BY REDUCING AND MODIFYING THE MEMBERSHIP OF THE VETERANS AND MILITARY FAMILIES ADVISORY COMMITTEE WHEREAS, on February 21, 2017 the City Council adopted an Ordinance establishing the Veterans and Military Families Advisory Committee, consisting of eleven members; and WHEREAS, it was not until August 2018 that all eleven members had been interviewed, appointed and sworn into office; and WHEREAS, due to the size of the membership of committee, it was difficult to achieve a confirm quorum attendance resulting in the first Veterans and Military Families Advisory Committee meeting not taking place until February 28, 2019; and WHEREAS, on August 18, 2020, the City Council directed City staff to draft a proposed Ordinance amending Municipal Code Section 16.09.010 by reducing and modifying the membership of the Veterans and Military Families Advisory Committee. NOW THEREFORE, the City Council of the City of National City does ordain as follows: Section I. Reducing and Modifying the Membership Section 16.09.010 of Chapter 16.09 of Title 16 is amended to read as follows: 16.09.010 Created. Pursuant to the authority granted by Sections 36505 — 36506 of the California Government Code, there is hereby created a Veterans and Military Families Advisory Committee, consisting of seven (7) voting members to be appointed by the Mayor subject to confirmation by the City Council, and serving at the pleasure of the Mayor and City Council. Of the seven (7) voting members, of which at least five (5) shall be residents, and up to two (2) may be non-residents. Section II. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of National City hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Ordinance No. 2020 - 1 Veterans and Military Families Amending NCMC Chapter 16.09 Advisory Committee 233 of 252 Section III. Ordinance Effective Date This Ordinance shall take effect Thirty (30) days after its passage, and before the expiration of Fifteen (15) days after its passage a summary or the Ordinance in its entirety shall be published, with the names of the members voting for and against the same, once in a local newspaper of general circulation in the City of National City, State of California. PASSED and ADOPTED this 15th day of September, 2020. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones, City Attorney Ordinance No. 2020 - 2 Alejandra Sotelo-Solis, Mayor Veterans and Military Families Amending NCMC Chapter 16.09 Advisory Committee 234 of 252 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City: (1) approving the Neighborhood Reinvestment Program Grant from the County of San Diego Board of Supervisors in the amount of $35,000 by waiving City Policy No. 1001 related to the Agreement between the County of San Diego and City of National City's Provision #17 - Defense and Indemnity; and (2) authorizing the establishment of a Library Grant Fund appropriation of $35,000 and corresponding revenue budget to fund the National City Public Library's Staying Connected — Technology Access for All! project. (Library) Please scroll down to view the backup material. 235 of 252 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 1, 2020 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City: 1) approving the Neighborhood Reinvestment Program Grant from the County of San Diego Board of Supervisors in the amount of $35,000; 2) waiving City Council Policy No. 1001 related to the Agreement between the County of San Diego and City of National City's Provision #17 - Defense and Indemnity; and 3) authorizing the establishment of a Library Grant Fund appropriation of $35,000 and corresponding revenue budget to fund the National City Public Library's Staying Connected — Technology Access for All! Project. (Library) PREPARED BY: Minh Duong PHONE: x5882 EXPLANATION: DEPARTMENT: Library APPROVED BY: In June 25, 2019, the National City Public has submitted an application to the Neighborhood Reinvestment Program for funding for its Staying Connected — Technology Access for All! project, which purpose is to start a laptop lending program. On July 16, 2020, based on a recommendation from Supervisor Cox, the Board of Supervisors have approved an award of $35,000 to the Library to purchase and lend laptops to adult literacy learners who need access to technology to continue their education via the new distance learning platform. Prior to lending the equipment, the Library will require borrowers to sign a waiver of liability by which they agree to indemnify and hold the City harmless against any claim, actions, demands, unlawful act, or liability relating to the use of the device by any party including but not limited to hardware, software, and content. FINANCIAL STATEMENT: APPROVED: Lies Z- Finance ACCOUNT NO. Revenue: 320-3100-3463 Library Grants APPROVED: MIS Expenditure: 320-431-056-502 Library Grants No matching funds required ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Grant Award Letter 7.16.20 2. Grant Agreement 236 of 252 TRACY M. SANDOVAL DEPUTY CHIEF ADMINISTRATIVE OFFICER/ CHIEF FINANCIAL OFFICER (619)531-5413 FAX: (619) 531-5219 July 16, 2020 Alex Neu City of National City Dear Alex Neu: (County of $att Ptego FINANCE & GENERAL GOVERNMENT GROUP 1600 PACIFIC HIGHWAY, SUITE 166, SAN DIEGO, CA 92101-2422 Congratulations! Based on a recommendation from Supervisor Greg Cox, the Board of Supervisors approved a Neighborhood Reinvestment Program award of $35,000 to your organization to fund laptops to be loaned by the Literacy Department to individuals needing access to technology and information. In order to receive these funds, you must enter into an agreement with the County that specifies the responsibilities you have with respect to the use of these funds and accounting for them. A copy of the Grant Agreement is attached for your review and signature. Please read the Grant Agreement carefully, verify the effective date then print, sign and date the agreement in the Grantee block on page 6, and return it to the Office of Financial Planning at 1600 Pacific Highway, Room 352, San Diego, CA 92101 at your earliest convenience. Upon receipt, I will sign the agreement and fill in the date on page 1 and will return a copy of the agreement to you along with a check for the amount of the grant. Please allow 4 - 6 weeks processing time from when we receive the signed agreement from you to when your check will be ready. If the agreement requires you to raise matching funds, the agreement and check will be sent after you have submitted proof that you have obtained the matching funds. You will have 12 months from the effective date to spend the grant funds. In addition to the executed Grant Agreement and the check, your packet will include a form titled "Documentation of Grant Expenditures." As the agreement states, you must complete this form and send it together with supporting documentation to my office as soon as the grant funds have been expended, but no later than 13 months after the effective date of the Grant Agreement. ASSESSOR/RECORDER/COUNTY CLERK AUDITOR & CONTROLLER CHIEF ADMINISTRATIVE OFFICE CIVIL SERVICE COMMISSION CLERK OF THE BOARD COUNTY COMMUNICATIONS OFFICE COUNTY COUNSEL COUNTY TECHNOLOGY OFFICE DEPARTMENT OF GENERAL SERVICES DEPARTMENT OF PURCHASING & CONTRACTING GRAND JURY HUMAN RESOURCES REGISTRAR OF VOTERS RETIREMENT ASSOCIATION TREASURER -TAX COLLECTO 237 of 252 City of National City Page Two July 16, 2020 Note: If you previously received either Community Enhancement or Neighborhood Reinvestment grant funds for which the "Documentation of Grant Expenditures" report is overdue, your new payment will be held until you submit that documentation. Should you have any questions regarding this process, please contact Joshua Ramirez at (619) 531-4887. Sincerely, COM EBONY N. SHELTON, Director Office of Financial Planning OFP:ENS:jjr 238 of 252 County office use only P—1001838 0 — 15650 E-53664 T — 007 A— 100123 Supplier # — 1114069 NEIGHBORHOOD REINVESTMENT PROGRAM GRANT AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO AND City of National City This Grant Agreement is entered into between the County of San Diego, a political subdivision of the State of California (County), and City of National City, a Non -Profit California Corporation (Grantee), on with an effective date of 06/23/2020. WHEREAS, the County wishes to reinvest taxpayer funds in the community to benefit the public by providing grant funds to community -based organizations that assist in meeting the social, cultural and recreational needs of County residents; and WHEREAS, the Board of Supervisors may allocate grant funding for purchases, programs or events that will occur either subsequent to the Board's action to approve the grant or that have occurred prior to the Board's approval date; and WHEREAS, on 06/23/2020 (13), the Board of Supervisors allocated the grant funding set forth in this Agreement for the purpose described in this Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Amount of Grant. The County agrees to pay to Grantee an amount of $35,000.00. Under no circumstances is County obligated to pay Grantee more than this amount. County shall pay Grantee after County receives a signed copy of this Agreement from Grantee. 2. Purpose of Grant. Grantee shall use the grant funds provided by County under this Agreement solely for the following purpose: to fund laptops to be loaned by the Literacy Department to individuals needing access to technology and information. 3. Term of Agreement. The term of this Agreement shall be for 13 months starting on the effective date as specified above. 4. Deadline for Use of Grant Funds and Documentation of Expenditures. (a) Grantee shall spend all grant funds provided by the County for the purposes specified in Paragraph 2 within 12 months of the effective date of this Agreement as specified above. (b) Grantee shall complete the Documentation of Grant Expenditures form provided by the County's administrator, setting forth Grantee's total actual expenditures of the grant funds provided under this Agreement. Grantee shall submit this completed form and the related documentation including, but not limited to, invoices/receipts, credit card statements, check stubs, check copies, copy of canceled checks, copy of bank statements, etc. to the County's administrator promptly after spending the grant funds, but in no event after the end of the Term of Agreement specified above. If the parties agree to extend the Term of Agreement, Grantee shall submit this expenditure documentation before the end of the extended Term. If County's administrator requests additional information regarding Grantee's expenditure of the grant funds, Grantee shall promptly submit the requested information to County's administrator. (c) If after reviewing Grantee's expenditure documentation, the County's administrator: (i) determines that the Grantee failed to spend all of the grant funds; (ii) disallows any expenditure by Grantee; or 2021 AGREEMENT 1 239 of 252 (iii) determines that the grant funds provided exceed Grantee's total actual expenditures authorized under this Agreement; Grantee shall refund to the County the amount specified by the County's administrator. Grantee shall make this refund within fifteen (15) business days after receiving a written request for refund from the County's administrator. In its sole discretion, the County may offset the refund amount from any payment due to or to become due to Grantee under this Agreement or any other agreement with the County. (d) If Grantee fails to provide the required documentation of expenditures as required in Subparagraph (b) above, the County's administrator may request Grantee to refund to the County all or any portion of the grant funds provided under this Agreement. Within fifteen (15) business days of receipt of a written request for a refund, Grantee shall refund to the County the amount specified by the County's administrator. Grantee's failure to comply with this refund requirement shall constitute a material breach of this Agreement. (e) Unless authorized by the Board, expenditures incurred by the Grantee prior to the effective date of this Agreement for the purpose specified in Paragraph 2 are not eligible expenditures under Subparagraph (b) above. (f) If Grantee fails to use all grant funds as specified in Paragraph 2 above before the deadline specified in Subparagraph (a) above, Grantee may request an extension of the Term. Grantee shall make any such request in writing at least two weeks before the deadline specified in Subparagraph (a) above. Grantee and the County's administrator may agree in writing to extend the Term of Agreement to allow Grantee additional time to spend the grant funds for the purpose specified in Paragraph 2. 5. Restrictions on Use of Grant Funds. (a) Grant funds shall not be used for any purposes prohibited by laws governing the use of public funds, including but not limited to, religious, political campaigning, or purely private purposes or activities. (b) Any Grantee that provides or participates in any activity for which public funds may not be used, such as religious activities, shall inform the County of this activity prior to accepting any grant funds. Grantee shall ensure that no grant funds awarded pursuant to the Agreement are used to support in any manner said activity. (c) Grantee shall not spend any part of the grant amount on fund raising activities. (d) Grantee shall not spend any part of the grant amount on food or beverages; except, that Grantee acting as a food bank or other similar organization may provide food and beverages to needy individuals or families if this was the purpose of the grant as specified by Paragraph 2. (e) Grantee may not include in its Documentation of Grant Expenditures report under this Agreement any expenditures for which Grantee has received or is or will be claiming funding from any other source. Grantee's failure to comply with this requirement shall constitute a material breach of this Agreement. (f) Grantee shall not donate any portion of this Grant to a third party. (g) Grantee shall not assign or transfer any interest in this Agreement (whether by assignment or novation), without the prior written consent of the County. (h) By executing this Agreement, Grantee certifies that it qualifies for the receipt of grant funds under Board Policy B-72 and will at all times abide by the terms of the Policy, except to the extent waived by the Board at the time of grant award. 2021 AGREEMENT2 240 of 252 6. Administrator of Agreement. The Office of Financial Planning, under the Deputy Chief Administrative Officer/Chief Financial Officer, shall administer this Agreement on behalf of the County, and Alex Neu at (619) 470-5911 shall administer it on behalf of Grantee. 7. Notice. All communications from Grantee to the County shall be sent to the Deputy Chief Administrative Officer/Chief Financial Officer as listed below. Any notice or notices or other documentation required or permitted to be given pursuant to this Agreement may be personally served on the other party by the party giving such notice, or may be served by certified mail, postage prepaid, return receipt requested, to the following addresses: County: Deputy Chief Administrative Officer/Chief Financial Officer Office of Financial Planning County of San Diego 1600 Pacific Highway Room 352 San Diego, CA 92101 Grantee: City of National City City of National City National City branch 1243 National City Blvd. National City, CA 91950 8. Audit and Inspection of Records. At any time during normal business hours and as often as the County may deem necessary, the Grantee shall make available to the County for examination all of its records with respect to all matters covered by this Agreement and will permit the County to audit, examine and make excerpts or transcripts from such records, and make audits of all invoices, materials, payrolls, records of personnel and other data relating to all matters covered by this Agreement. Unless otherwise specified by the County, said records shall be made available for examination within San Diego County. Grantee shall maintain such records in an accessible location and condition for a period of not less than four years following Grantee's submission of the Documentation of Grant Expenditures report under this Agreement unless County agrees in writing to an earlier disposition. The State of California or any Federal agency having an interest in the subject of this Agreement shall have the same rights conferred upon County by this Agreement. 9. Termination of Agreement for Cause. If Grantee fails to perform its obligations according to this Agreement, the County may send Grantee a written notice of default that specifies the nature of the default. Grantee shall cure the default within fifteen (15) business days following receipt of the notice of default. If Grantee fails to cure the default within that time, the County may terminate this Agreement by giving Grantee written notice of immediate termination. Upon termination, Grantee shall promptly provide County's administrator with Documentation of Grant Expenditures setting forth Grantee's total actual expenditures for the purpose of the grant as of the effective date of termination. Grantee shall promptly refund to County all funds County paid to Grantee under this Agreement that exceed Grantee's total actual expenditures made in conformance with this Agreement, as determined by County's administrator, as of the effective date of termination. The County may also seek any and all legal and equitable remedies against Grantee for breaching this Agreement. 10. Termination for Convenience of County. County may terminate this Agreement at any time by giving written notice to Grantee of such termination and specifying the effective date thereof at least 30 days before the effective date of such termination. On or before the date of termination, Grantee shall provide County's administrator with Documentation of Grant Expenditures setting forth Grantee's total actual expenditures for the purpose of the grant as of the effective date of termination. Grantee shall promptly refund to County all funds County paid to Grantee under this Agreement that exceed Grantee's total actual expenditures for the purpose of the grant, as determined by County's administrator, as of the effective date of termination. 2021 AGREEMENT3 241 of 252 11. Termination for Convenience of Grantee. Grantee may terminate this Agreement at any time by giving written notice to County's administrator of such termination and specifying the effective date thereof at least 60 days before the effective date of such termination. On or before the date of termination, Grantee shall provide County's administrator with Documentation of Grant Expenditures setting forth Grantee's total actual expenditures for the purpose of the grant as of the effective date of termination. Grantee shall promptly refund to County all funds County paid to Grantee under this Agreement that exceed Grantee's total actual expenditure for the purpose of the grant, as determined by County's administrator, as of the effective date of termination. 12. Interest of Grantee. Grantee covenants that Grantee presently has no interest, including, but not limited to, other projects or independent contracts, and shall not acquire any such interest, direct or indirect, which would conflict in any manner or degree with Grantee's completing the purpose of the grant as specified in Paragraph 2. Grantee further covenants that in the performance of this Agreement, no person having any such interest shall be employed or retained by Grantee. 13. Publication, Reproduction and Use of Material. No material produced, in whole or in part, under this Agreement shall be subject to copyright in the United States or in any other Country. The County shall have unrestricted authority to publish, disclose, distribute, and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 14. Insurance. Grantee shall maintain insurance against claims or injuries to person or damages to property that may arise from or in connection with the use of the grant funds by Grantee, its agents, representatives, employees, volunteers or subcontractors. The cost of such insurance shall be borne by Grantee and coverage limits shall be a minimum of $1,000,000 General Liability per occurrence/$1,000,000 aggregate for operations, products and completed operations for bodily injury, personal injury and property damage; $500,000 Automobile Liability per accident for bodily injury and property damage; and Workers' Compensation and Employers Liability Insurance as required by the California Labor Code. County shall retain the right at any time to review the coverage and amount of insurance required. 15. Independent Capacity. In the performance of this Agreement, Grantee and its officers, agents, employees and volunteers shall act in an independent capacity and not as officers, employees, agents or volunteers of the County. This Agreement does not create an employment relationship between Grantee and the County. 16. Equal Opportunity. Grantee will not discriminate against any employee, or against any applicant for such employment because of age, race, color, religion, physical handicap, ancestry, sex, or national origin. This provision shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. 17. Defense and Indemnity. To the fullest extent permitted by law, County shall not be liable for, and Grantee shall defend and indemnify County and its officers, agents, employees and volunteers (collectively, "County Parties") against any and all claims, deductibles, self -insured retention's, demands, liability, judgments, awards, fines, mechanics' liens or other liens, labor disputes, losses, damages, expenses, charges or costs of any kind or character, including attorneys' fees and court costs (collectively, "Claims"), which arise out of or are in any way connected to County's provision of grant funds and/or Grantee's use of grant funds under this Agreement arising either directly or indirectly from any act, error, omission or negligence of Grantee or its officers, employees, volunteers, agents, contractors, licensees or servants, including without limitation, Claims caused by the sole passive negligent act or the concurrent negligent act, error or omission, whether active or passive, of County Parties. Grantee shall have no obligation, however, to defend or indemnify County Parties from a Claim if it is determined by a court of competent jurisdiction that such Claim was caused by the sole active negligent act or willful misconduct of County Parties. 18. Governing Law. This Agreement shall be construed and interpreted according to the laws of the State of California. 2021 AGREEMENT4 242 of 252 19. Complete Agreement. This Agreement constitutes the entire agreement between Grantee and County regarding the subject matter contained herein. All other representations, oral or written, are superseded by this Agreement. Neither party is relying on any representation outside of this Agreement. This Agreement may be changed only by written amendment signed by both parties. 20. Waiver. The failure of either party to enforce any term, covenant or condition of this Agreement shall not be construed as a waiver of that parry's right to subsequently enforce this, or any other term, covenant or condition of this Agreement. No waiver shall be deemed effective unless the waiver is expressly stated in writing and signed by the party waiving the right or benefit. 21. Consultation with Counsel. Each party has had the opportunity to consult with independent legal counsel of its own choosing before executing this Agreement and has executed this Agreement without fraud, duress, or undue influence of any kind. 22. Interpretation. The provisions of this Agreement shall be liberally construed to effectuate its purpose. The language of all parts of this Agreement shall be construed simply according to its plain meaning and shall not be construed for or against either party. 23. Corporation Qualified to Do Business in California. If Grantee is a California corporation, Grantee warrants that it is a corporation in good standing and is currently authorized to do business in California. 24. Terms and Conditions Survive Expiration of Term of Agreement. Unless otherwise specified herein, all terms and conditions of this Agreement shall survive the expiration of the Term of Agreement specified in Paragraph 3 above or the termination of this Agreement under Paragraphs 6, 7, or 8 above. 25. Remedies. The rights and remedies in this Agreement are in addition to, and not a limitation on, all other rights and remedies available at law or in equity, and exercise of one right or remedy shall not be deemed a waiver of any other right or remedy. 26. Recognition. If Grantee chooses to give written recognition of this grant, Grantee shall recognize the County of San Diego and not one or more individual County Supervisors. 27. Prevailing Wage. To the extent this grant funds construction, alteration, demolition, installation, repair, refuse and ready mix concrete hauling, or maintenance work and the amount of the grant exceeds $1,000, the project funded by the grant shall be deemed a "public work" for prevailing wage purposes. It is not the intent of this Agreement to impose an obligation to pay prevailing wages on work otherwise exempt from the State's prevailing wage laws. Grantee shall be solely responsible for ensuring prevailing wages are paid when owed. Projects subject to the payment of prevailing wages are subject to compliance monitoring and enforcement by the Department of Industrial Relations. Grantee shall be responsible for ensuring all required job site postings and all certified payroll and other reporting applicable to it as an awarding body are completed in accordance with the State's prevailing wage regulations. Information regarding the State's prevailing wage requirements can be obtained from the Director, Department of Industrial Relations at www.dir.ca.gov , Labor Code § 1720, et seq., and 8 Cal. Code of Regs. § 16000, et seq. 28. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. WHEREFORE, the parties execute this Agreement on the date first written above. COUNTY OF SAN DIEGO GRANTEE 2021 AGREEMENTS 243 of 252 By: By: Date Deputy Chief Administrative Officer/Chief Authorized signatory Financial Officer or Designated Representative Print Name and Title Ebony N. Shelton, Director Office of Financial Planning [Note: Person signing on behalf of Grantee must be authorized by Grantee's Board of Directors to sign this Agreement and must be same person Grantee listed in its funding application as being authorized to sign.] Return This Agreement 2021 AGREEMENT6 244 of 252 RESOLUTION NO. 2020 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY: 1.) APPROVING THE NEIGHBORHOOD REINVESTMENT PROGRAM GRANT FROM THE COUNTY OF SAN DIEGO BOARD OF SUPERVISORS IN THE AMOUNT OF $35,000, 2.) WAIVING CITY COUNCIL POLICY NO. 1001 RELATED TO THE AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO AND CITY OF NATIONAL CITY'S PROVISION #17 - DEFENSE AND INDEMNITY; AND 3.) AUTHORIZING THE ESTABLISHMENT OF A LIBRARY GRANT FUND APPROPRIATION OF $35,000 AND CORRESPONDING REVENUE BUDGET TO FUND THE NATIONAL CITY PUBLIC LIBRARY'S STAYING CONNECTED — TECHNOLOGY ACCESS FOR ALL! PROJECT WHEREAS, on June 25, 2019,the National City Public Library submitted an application for the Neighborhood Reinvestment Program for funding for its Staying Connected — Technology Access for All! Project; and WHEREAS, on July 16, 2020, based on a recommendation from Supervisor Cox, the Board of Supervisors have approved an award in the amount of $35,000 to the National City Public Library to purchase and lend laptops to adult literacy learners who need access to technology to continue their education via the new distance learning platform; and WHEREAS, prior to lending the equipment, the Library will require borrowers to sign a waiver of liability by which they agree to indemnity and hold the City of National City harmless against any claim, actions, demands, unlawful act or liability relating to the use of the device by any party including but not limited to hardware, software, and content; and WHEREAS, City Staff recommends City Council to approve the Neighborhood Reinvestment Program Grant from the County of San Diego Board of Supervisors in the amount of $35,000 by waiving City Council Policy No. 1001 related to the Agreement between the County of San Diego and City of National City's Provision #17 - Defense and Indemnity. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves the Neighborhood Reinvestment Program Grant from the County of San Diego Board of Supervisors in the amount of $35,000. BE IT FURTHER RESOLVED that the City Council of the City of National City hereby waive City Council Policy No. 1001 related to the Agreement between the County of San Diego and City of National City's Provision #17 - Defense and Indemnity. 11/ 11/ 11/ 11/ 245 of 252 Resolution No. 2020 — Page Two BE IT FURTHER RESOLVED that the City Council of the City of National City hereby authorizes the establishment of a Library Grant Fund appropriation in the amount of $35,000 and corresponding revenue budget to fund the National City Public Library's Staying Connected — Technology Access for All! Project. PASSED and ADOPTED this 1st day of September 2020. Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones, City Attorney 246 of 252 RESOLUTION NO. 2020 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY: 1.) APPROVING THE NEIGHBORHOOD REINVESTMENT PROGRAM GRANT FROM THE COUNTY OF SAN DIEGO BOARD OF SUPERVISORS IN THE AMOUNT OF $35,000, 2.) WAIVING CITY COUNCIL POLICY NO. 1001 RELATED TO THE AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO AND CITY OF NATIONAL CITY'S PROVISION #17 - DEFENSE AND INDEMNITY; AND 3.) AUTHORIZING THE ESTABLISHMENT OF A LIBRARY GRANT FUND APPROPRIATION OF $35,000 AND CORRESPONDING REVENUE BUDGET TO FUND THE NATIONAL CITY PUBLIC LIBRARY'S STAYING CONNECTED — TECHNOLOGY ACCESS FOR ALL! PROJECT WHEREAS, on June 25, 2019,the National City Public Library submitted an application for the Neighborhood Reinvestment Program for funding for its Staying Connected — Technology Access for All! Project; and WHEREAS, on July 16, 2020, based on a recommendation from Supervisor Cox, the Board of Supervisors have approved an award in the amount of $35,000 to the National City Public Library to purchase and lend laptops to adult literacy learners who need access to technology to continue their education via the new distance learning platform; and WHEREAS, prior to lending the equipment, the Library will require borrowers to sign a waiver of liability by which they agree to indemnity and hold the City of National City harmless against any claim, actions, demands, unlawful act or liability relating to the use of the device by any party including but not limited to hardware, software, and content; and WHEREAS, City Staff recommends City Council to approve the Neighborhood Reinvestment Program Grant from the County of San Diego Board of Supervisors in the amount of $35,000 by waiving City Council Policy No. 1001 related to the Agreement between the County of San Diego and City of National City's Provision #17 - Defense and Indemnity. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves the Neighborhood Reinvestment Program Grant from the County of San Diego Board of Supervisors in the amount of $35,000. BE IT FURTHER RESOLVED that the City Council of the City of National City hereby waive City Council Policy No. 1001 related to the Agreement between the County of San Diego and City of National City's Provision #17 - Defense and Indemnity. 11/ 11/ 11/ 11/ 247 of 252 Resolution No. 2020 — Page Two BE IT FURTHER RESOLVED that the City Council of the City of National City hereby authorizes the establishment of a Library Grant Fund appropriation in the amount of $35,000 and corresponding revenue budget to fund the National City Public Library's Staying Connected — Technology Access for All! Project. PASSED and ADOPTED this 1st day of September 2020. Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones, City Attorney 248 of 252 The following page(s) contain the backup material for Agenda Item: Community and Police Relations Commission (CPRC) Update. (City Manager) Please scroll down to view the backup material. 249 of 252 Item # 09/01/20 Community and Police Relations Commission (CPRC) Update (City Manager) 250 of 252 The following page(s) contain the backup material for Agenda Item: City Manager Report. (City Manager) Please scroll down to view the backup material. 251 of 252 Item # 09/01/20 City Manager Report (City Manager) 252 of 252