Loading...
HomeMy WebLinkAboutDraft Agenda Packet - 02-02-2021 CC HA Agenda- CALIFORNIA NikTIONAL CI XAOORPORATfi ALEJANDRA SOTELO-SOLIS Mayor JOSE RODRIGUEZ Vice Mayor MARCUS BUSH Councilmember RON MORRISON Councilmember MONA RIOS 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, FEBRUARY 2, 2021 — 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 199 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 199 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 199 OPEN TO THE PUBLIC A. CITY COUNCIL CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE TO THE FLAG PUBLIC COMMENTS (THREE -MINUTE TIME LIMIT) PROCLAMATIONS AND CERTIFICATES AWARDS AND RECOGNITIONS PRESENTATIONS (FIVE-MINUTE TIME LIMIT) 1. Presentation on City owned Real Property available for future development. (Housing Authority) INTERVIEWS / APPOINTMENTS REGIONAL BOARDS AND COMMITTEE REPORTS (FIVE-MINUTE TIME LIMIT) CONSENT CALENDAR 2. 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) 3. Resolution of the City Council of the City of National City: 1) accepting the work performed by Portillo Concrete, Inc. for the Division Street — Euclid Avenue to Harbison Avenue Bicycle Improvements, CIP No. 19-17; 2) approving the final contract amount of $531,571.79; 5) ratifying the release of retention in the amount of $26,578.59; and 6) ratifying the signing of the Notice of Completion for the project. (Engineering/Public Works) 4. Resolution of the City Council of the City of National City: 1) awarding a contract to Eagle Paving Company, Inc. in the not -to -exceed amount of $1,086,911.00 for the Sweetwater Road Safety Enhancement Project, CIP No. 19-12; 2) authorizing a 15% contingency in the amount of $163,036.65 for any unforeseen changes; and 3) authorizing the Mayor to execute the contract. (Engineering/Public Works) 4 of 199 5. Resolution of the City Council of the City of National City waiving the formal bid process pursuant to National City Municipal Code Section 2.60.260 regarding cooperative purchasing and authorizing the City to piggyback onto the County of San Diego's Purchase Order 562779-0 with Ford of Chula Vista for the purchase of three (3) new 2021 Ford AWD Police Interceptor K8A PEG 500A SUVs in an amount not to exceed $118,881.03. (Engineering/Public Works) 6. Warrant Register #25 for the period of 12/16/20 through 12/22/20 in the amount of $552,952.55. (Finance) 7. Warrant Register #26 for the period of 12/23/20 through 12/29/20 in the amount of $1,113,274.01. (Finance) 8. Warrant Register #27 for the period of 12/30/20 through 1/05/21 in the amount of $1,334,676.58. (Finance) PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS NON CONSENT RESOLUTIONS Resolution of the City Council of the City of National City: (1) approving an Affordable Housing Density Bonus Agreement with Kimball Apartments, LLC, a California limited liability company, restricting the rent and occupancy of five (5) units to moderate income households in exchange for one density bonus concession pursuant to California Government Code Sections 65915 — 65918 for the development of 52 housing units located at 1126 E 8th Street in National City; and (2) approving a Subordination and Intercreditor Agreement with Citizens Business Bank subordinating said Affordable Housing Density Bonus Agreement. (Housing Authority) 10. Resolution of the City Council of the City of National City: 1) authorizing the Mayor to execute a Power Your Drive for Parks Public Electric Vehicle Charging Program Participation Agreement with San Diego Gas & Electric Company (SDG&E) for the installation of six Electric Vehicle Charging Stations, associated equipment and infrastructure, at Las Palmas Park (located at 1810 E. 22nd Street) to be used by the public, at their own expense, as part of SDG&E's "Power Your Drive for Parks" Program, and 2) granting and authorizing the recordation of an easement on parcel No. 561- 360-35-00 to SDG&E for the installation of electric vehicle charging station infrastructure. (Engineering/Public Works) NEW BUSINESS B. COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY CONSENT RESOLUTIONS - HOUSING AUTHORITY 5 of 199 PUBLIC HEARINGS: RESOLUTIONS - HOUSING AUTHORITY NON CONSENT RESOLUTIONS - HOUSING AUTHORITY NEW BUSINESS - HOUSING AUTHORITY C. REPORTS STAFF REPORTS 11. 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 - February 16, 2021 - 6:00 p.m. - Council Chambers - National City, California. 6 of 199 The following page(s) contain the backup material for Agenda Item: Presentation on City owned Real Property available for future development. (Housing Authority) Please scroll down to view the backup material. 7 of 199 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 2, 2021 AGENDA ITEM NO. ITEM TITLE: Presentation on City owned Real Property available for future development. PREPARED BY: Greg Rose, Property Agent PHONE: 619-336-4266 EXPLANATION: The City of National City, National City Housing Authority, Successor Agency to the Community Development Commission, and the National City Parking Authority own in fee simple 87 individual parcels. Several of these parcels are combined together as one whole property. Of the 87 parcels, 15 properties are independently developable. The presentation will provide background information on the parcels that are available for development. DEPARTMENT: Housing Authority APPROVE FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: Finance: APPROVED: MIS STAFF RECOMMENDATION: N/A BOARD / COMMISSION RECOMMENDATION: N/AI. ATTACHMENTS: 1. Power Point Presentation 8 of 199 Attachment No. 1 CA.L1FO;RNIA j NNflONIJXLCH? 1C3C3V INCORPORATED Real Property Available for Development Presented by: Carlos Aguirre, Director National City Housing Authority The City of National City, Housing Authority, Successor Agency and thPking Authority own in fee simple 87 individual parcels. Several of these parcels are combined together as a whole property. The properties are classified into the following six categories: Successor Agency City Housing Authority Parking Authority Planned for Future Development Independently Developable 9 3 2 1 Sell to Adjoining Owner Encroachments Retain for Govt. Use (Right of Way, Remnant parcels) Parks, Facilities, and Leases 12 7 21 25 10 of 199 Recently Sold and Developed Successor Agency Days Inn The Day's Inn property has been sold and developed with 72 market rate MFR units. Attachment No. 1 11 of 199 Recently Sold/ Being Developed Successor Agency - H&M Goodies H&M Goodies has been sold and is currently being developed with 120 market rate MFR units and commercial/retail on the ground floor. Attachment No. 1 12 of 199 Attachment No. 1 Recently Sold/ Being Developed Housing Authority - 405 W 18th ilpiriti111.11;.11111011r11.11. Habitat for Humanity and the Community Land trust of San Diego is developing 6 affordable units 13 of 199 Attachment No. 1 Under Contract / In Development Parking Authority - CarMax Site Outback -Steakhouse • Lot Size (SF) Zoning Plaza Bonita Road 564-471-11 656,885 MXD-2 14 of 199 Attachment No. 1 Successor Agency to the Community Development Commission as the National City Redevelopment Agency Address Street APN Site Name Square Footage 801 Bay Marina Dr. 559-117-12 Olson Property 74,604 Sq.ft. 921 National City Blvd 556-471-03 Former Education Center 8,712 Sq.Ft. 929 National City Blvd 556-471-04 Steamed Bean 3,049 Sq.Ft. 500 Plaza Blvd 556-560-39 Lamb's Theatre 16,990 Sq.Ft. 720 W. 23rd St 559-118-02 ACE Metals 55,321 Sq.Ft. E 32nd Street & National City Blvd 562-321-08 RCP 58,370 Sq.Ft. 38 W. 11th St 555-114-01 Roosevelt Lot 4,791 Sq.Ft. 1123 Roosevelt 555-114-04 Roosevelt Parking Lot 2,613 Sq.Ft. 1845 E Ave 560-232-05 Stein Farm House 7,840 Sq.Ft. 15 of 199 Successor Agency Properties - Olson & Ace MettN01 • The Olson property and ACE Metals properties are across the street from each other along Bay Marina Drive. • The properties are part of a Balanced Plan project taking place at the Marina. • The Port is currently conducting an EIR to dictate use. It will possibility be rezoned as "Commercial Tourist". • Next steps: After the EIR and new zoning is completed the City will issue an RFP for those properties. 16 of 199 Successor Agency - Former Education Center/SteamedIean Acquisition Date Value at Time of Purchase Zoning 556-471-03 7/26/00 929 National City Blvd 1/7/03 $350,000 $225,000 8,712 3,049 MXC-2 & CZ MXC-2 & CZ 17 of 199 Successor Agency - Lamb's Theatre Attachment No. 1 Acquisition Date e at Time of Purchase Lot Size (SF) Zoning 500 Plaza Blvd 5/3/05 $903,000 16,990 MXD-2 18 of 199 Successor Agency - RCP Attachment No. 1 Acquisition Date Value at Time of Purchase Lot Size (SF) 5 62-3 21-08 1991 $738,000 58,370 CA- P D-CZ 19 of 199 Successor Agency - Roosevelt Lots Attachment No. 1 Acquisition Date Value at Time of Purchase Lot Size (SF) 38 W. 11t h St 12/18/12 $506,663 4,791 MXC-2 & CZ 20 of 199 1 City - Plaza Bonita Center Way Lot Size (SF) Zoning 3402 Valley Road 3404 Va I ley Road No Site Address No Site Address 564-290-71 564-310-03 564-290-74 564-290-75 32,234 94,961 51,401 8,550 RS-2 RS-2 RS-2 RS-2 Attachment No. 1 21 of 199 City - 2101 Hoover Zoning 2101 Hoover 560-395-10 8,276 CL Attachment No. 1 22 of 199 City - Corner of Division & R Attachment No. 1 Lot Size (SF) No Site Address 552-403-14 6,400 RS-2 23 of 199 Authorit - Pur.Ie Cow Attachment No. 1 Lot Size (SF) Zoning 249 Highland 307 Highland 311 Highland 315 Highland 217 Highland Highland 551-470-15 551-470-17 551-470-18 551-470-19 551-470-43 551-470-48 53,579 12,196 6,098 MXC-1 MXC-1 MXC-1 5,662 15,246 9,656 MXC-1 MXC-1 MXC-1 24 of 199 Housing Authority - A Avenue Property EV.a ' I . EAM R A€€€ -SO ' I Sho' Lot Size (SF) 1028AAve 556-553-08 3,911 5A Downtown Plan Attachment No. 1 25 of 199 Attachment No. 1 CALIFORNIA r NAU aJ JAL_en C `--;NCORPORATEi' --' Thank you 26 of 199 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. 27 of 199 Item # 02/02/21 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) 28 of 199 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City: 1) accepting the work performed by Portillo Concrete, Inc. for the Division Street — Euclid Avenue to Harbison Avenue Bicycle Improvements, CIP No. 19-17; 2) approving the final contract amount of $531,571.79; 5) ratifying the release of retention in the amount of $26,578.59; and 6) ratifying the signing of the Notice of Completion for the project. (Engineering/Public Works) Please scroll down to view the backup material. 29 of 199 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 2, 2021 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City, 1) accepting the work performed by Portillo Concrete, Inc. for the Division Street — Euclid Avenue to Harbison Avenue Bicycle Improvements, CIP No. 19-17; 2) approving the final contract amount of $531,571.79; 5) ratifying the release of retention in the amount of $26,578.59; and 6) ratifying the signing of the Notice of Completion for the project. PREPARED BY: Carla Hutchinson, Assistant Engineer - Ci I DEPARTMENT: Engin APPROVED BY: PHONE: 619-336-4388 EXPLANATION: See attached. g/"ublic Works FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: A CEQA Categorical Exemption was determined on March 1, 2018. ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt Resolution accepting the work performed by Portillo Concrete, Inc. for the Division Street — Euclid Avenue to Harbison Avenue Bicycle Improvements, CIP No. 19-17 and approving the final contract amount of $531,571.79. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Notice of Completion 3. Final Contract Balance Report 4. Resolution 30 of 199 The project provided street resurfacing and restriping on Division Street between Euclid Avenue and Harbison Avenue that included a "road diet" for traffic calming, converting four travel lanes to two travel lanes with a two-way left -turn center lane, Class II bike lanes, parallel parking, and pedestrian enhancements. On January 16, 2020, the bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors. On January 21, 2020 and January 27, 2020, the bid solicitation was advertised in local newspapers. On February 4, 2020, four (4) bids were received by the 2:00 p.m. deadline. Bid results were immediately available for viewing on PlanetBids. Portillo Concrete, Inc. was the apparent lowest bidder with a total bid amount of $514,930.00. Upon review of all documents submitted, Portillo Concrete, Inc.'s bid was deemed responsive, and they were the lowest responsible bidder qualified to perform the work as described in the project specifications. On March 17, 2020, the City Council adopted Resolution No. 2020-40 awarding the contract to Portillo Concrete, Inc., in the not -to -exceed amount of $514,930. The Notice to Proceed with construction was issued on May 6, 2020. Construction started on May 27, 2020 and was completed on September 21, 2020. The change orders issued for this project are detailed in the Final Contract Balance Report (see attached). The change orders increased the contract by $2,309.14, and line item adjustments increased the contract by $14,332.65 for a net contract increase of $16,641.79. This results in a 3.2% contract increase for a final contract balance of $531,571.79. As a result of satisfactory completion of the project, staff recommends that City Council, 1) accept the work of Portillo Concrete, Inc., for the Division Street — Euclid Avenue to Harbison Avenue Bicycle Improvements, CIP No. 19-17; 2) approve the final contract amount of $531,571.79; 5) ratify the release of retention in the amount of $26,578.59; and 6) ratify the signing of the Notice of Completion for the project. The Notice of Completion will be filed with the San Diego County Recorder's Office. 31 of 199 RECORDING REQUESTED BY MIEN RECORDED MAIL. TO NAME: CITY OF NATIONAL CITY ADDRESS: 243 NATIONAL CITY BOULEVARD NATIONAL CITY. CA 91950 O�fCE OF COMPLET[ON CALIFORNIA CIVIL CODE SECTION 3093 NOTICE IS HEREBY GIVEN of the completion on September 22, 2020 of the: Division Street — Euclid Avenue to Harbison Avenue Bicycle Improvements, CIP No. 19-17 Work of improvement or portion of work of improvement under construction or alteration. National City CA 91950 Street Address City State Zip Code The undersigned owns the following interest or estate in said property: Owner in fee Nature of the inleresl or estate of owner ( mortgagor. lessee. etc.) Said work of improvement was performed on the property pursuant to a contract with Portillo Concrete, Inc. Name of Original Contractor The following work and material were supplied: Labor provided: Traffic Signal Labor, General Laborer. Materials: Concrete. Asphalt, Electrical, Traffic Signal supplies, Traffic Control supplies. Equipment: Paving, Traffic Signal, Concrete equipment. General statement of kind of labor. services. equipment or materials The names and addresses of co -owners are: N/A Dated: December 8, 2020; Joint tenants. is in co or •they ow Signature of Owner City of National City. 1243 National City Blvd.. National City. CA 91950 I, the undersigned. say: I have read the foregoing Notice of Completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of pet j ury that the forgoing is true and correct. Executed on Decen er , �•- �;�_ -�% California. Signature: / r ��� ALEJA'�I7-� S�/� `LS-SOLIS, MAYOR tional 32 of 199 -6--. CALIFORNIA -e NICTIONAL CITY U INCORPORATED FINAL CONTRACT BALANCE DATE: September 30, 2020 PROJECT: Division - Euclid to Harbison Imp. FY 19-20 CIP No. 19-17 TO: Portillo Concrete, Inc. 3527 Citrus St. Lemon Grove, CA 91945 ORIGINAL CONTRACT AMOUNT: START DATE: COMPLETION DATE: ORIGINAL CONTRACT LENGTH: EXTENTION OF WORK DAYS: WORKING DAYS SUSPENDED: TOTAL CONTRACT TIME: DESCRIPTION: $514,930.00 May 27, 2020 September 21, 2020 50 Working Days 1 Working Days 33 Working Days 84 Working Days The Final Contract Balance reports final line item amounts and summarizes all change orders to produce a final contract amount. CHANGE ORDERS AND LINE ITEM ADJUSTMENTS: Change Order #1 directed the contractor to relocate the LED foundation, construct a remote pedestrian push button and relocate existing conduit, and modify an existing trench conduit in order to relocate the foundation location to meet ADA compliance as the contractor encountered existing communication conduits in conflict with the original planned location. This Change Order total amount was $ 2,309.14. All Change Orders listed above increased the total contract amount by $2,309.14. Line item adjustments per the attached FINAL BILLING STATEMENT resulted in an increase of $14,332.65. CONTRACT ADJUSTMENT: As a result of the above change orders and line item adjustments, the contract price is adjusted as follows: 1. The contract price with change order and line items is adjusted to $531,571.79. 33 of 199 FINAL CONTRACT BALANCE Division Street Traffic Calming Project Specification No. 16-09 2. As a result of the satisfactory completion of said project, a retention amount of $26,578.59 is set for invoice processing and payment upon the receipt of signatures and City Council's ratification of this agreement and the Notice of Completion. This document and its purpose to balance payment shall be considered full compensation for furnishing and installing the materials, labor, tools and equipment, profit, overhead, and all incidentals for performing the work described above. Portillo Concrete, Inc. will not be entitled to damages or additional payment for delays as described in the 2018 edition of the Standard Specifications for Public Works Construction, Section 6-6.3, for performing the work as described above. 34 of 199 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City: 1) awarding a contract to Eagle Paving Company, Inc. in the not -to -exceed amount of $1,086,911.00 for the Sweetwater Road Safety Enhancement Project, CIP No. 19-12; 2) authorizing a 15% contingency in the amount of $163,036.65 for any unforeseen changes; and 3) authorizing the Mayor to execute the contract. (Engineering/Public Works) Please scroll down to view the backup material. 35 of 199 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 2, 2021 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City, 1) awarding a contract to Eagle Paving Company, Inc. in the not -to -exceed amount of $1,086,911.00 for the Sweetwater Road Safety Enhancement Project, CIP No. 19-12; 2) authorizing a 15% contingency in the amount of $163,036.65 for any unforeseen changes; and 3) authorizing the Mayor to execute the contract. PREPARED BY: Luca Zappiello, Assistant Engineer Civil PHONE: 619-336-4360 EXPLANATION: See attached. DEPARTMENT: Engin ring/Pblic Works APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. Contract Award - $1,086,911.00 Expenditure Account No. 296-409-500-598-6048 (Federal HSIP Grant) — $604,440 Expenditure Account No. 307-409-500-598-6558 (Traffic Signal Upgrades) - $482,471 APPROVED: APPROVED: 15% Contingency — $163,036.65 Expenditure Account No. 307-409-500-598-6558 (Traffic Signal Upgrades)) - $163,036.65 Finance MIS ENVIRONMENTAL REVIEW: Caltrans Determination of Categorical Exclusion under 23 CFR 771.117(c): activity (c)(22), approved October 30, 2019. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt Resolution awarding a contract to Eagle Paving Company, Inc. in the not -to -exceed amount of $1,086,911.00 for the Sweetwater Road Safety Enhancement Project, CIP No. 19-12. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation w/ Vicinity Location Map 2. Bid Opening Summary 3. Three Lowest Bidders Summary 4. Owner -Contract Agreement 5. Resolution 36 of 1991 EXPLANATION On December 12, 2016, the California Department of Transportation (Caltrans) awarded a $680,940 Highway Safety Improvement Program (HSIP) grant for the Sweetwater Road Safety Enhancements Project. On January 27, 2020, Caltrans authorized the City to proceed with the construction phase in the amount of $680,940 ($604,440 for construction and $76,500 for construction management). There is an $83,475 local match requirement, which is available through prior City Council local TransNet appropriations for FY 2020, however, the City will contribute more than the required local match for this project in order to address necessary pavement rehabilitation. The additional funds are also available through prior City Council local TransNet appropriations for FY 2020. The Sweetwater Road Safety Enhancement project will provide a 2" grind and overlay on 0.5 miles of Sweetwater Road from Stockman Street to the east side of Via Romaya Street within the existing right -of way, and upgrade ADA ramps to the current standard within the project limits, as well as address damaged cross gutter, and curb and gutter. The project will also install new street lighting, raised median for traffic calming, new striping including crosswalk and class 11 bike lane along Sweetwater Road. On December 10, 2020, the bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors. On December 21, 2020 and December 21, 2020, the bid solicitation was advertised in local newspapers. On January 11, 2019, six (6) bids were received by the 11:00 a.m. deadline. Eagle Paving Company, Inc. was the apparent lowest bidder with a total bid amount of $1,086,911.00. Upon review of all documents submitted, Eagle Paving's bid was deemed responsive, and they are the lowest responsible bidder qualified to perform the work as described in the project specifications. Staff recommends awarding a contract to Eagle Paving Company, Inc. in the amount not to exceed $1,086,911.00 and authorizing a 15% contingency in the amount of $163,036.65 to address any unforeseen conditions that may arise. The contract will be funded through a combination of Federal HSIP Funds and TransNet. Attached are the bid opening summary sheet and a line item summary of the three lowest bidders for reference. Also attached is the Owner --Contractor Agreement. Construction is estimated to be completed by Summer 2021. Updates will be provided on the City's CIP website at: nationalcityprojects.com. 37 of 199 ap4S- Bw31 ifal.k Gamma It DNto;t as Epsilon ▪ 54 7, CI.ge 4,4 44 5 . VI An' 0 x� e ` a 8 w,...Vq" C } Q M.hek 'E 4i Z z 5\ r Y x K tps'ASY <.0„ 1 i M,x E?uS0Mvd (+ ri. E\�,S, py S S.b µ Or. S9. O�y E' y 1 Em,7 :>mdA Plr4 W .$ .5a t. z . In Pii - Et6n'sa 1 - Pont c Sa ,r E 3� w WeM Y. n5 nrn>:u Lr+ t.22F'" c tYds' X Neerorel m ,:e. y 0 E ,S 4 b a k a 5' b E14'S' o c22#' a K. . S0St r A i d zav5 6 LEGEND — CORRIDOR LIMITS CITY BOUNDARY CALTRANS RIGHT OF WAY PVcr.,. 5'JLILt <Jd`5' SboYSt 5 `2 E6" -004 ENtiSaa 4 ��pR1 d A K 6.6 0 n u.c Twi drro n E'S00 M S 1 20.000 ACM IC Divs, Jt 5,.e..S' M G Er.0o7 St eb.S. ` Q KR,. �9. JJd J:�'h` Pi'�'Sc Vtl(hy fld 44.11 1Va•Jd e4t . nd oef, St �4aaa s170, fa \ • r 5< go' CdJk S VICINITY MAP CITY BOUNDARY key • PROJECT "LOCATION GALIFORHIA.. NATIONAL CITY IlaZTY lNCO$PO1050D VICINITY/LOCATION MAP CITY OF NATIONAL CITY R9: INSTALL RAISED MEDIAN AND R1: ADD SEGMENT LIGHTING 2016 HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP) ATTACHMENT 1 38 of 199 } CALIFORNIA •-•.4.1- NATIONAL Cirrif /INCORPORATED BID OPENING SUMMARY NAME: SWEETWATER ROAD SAFETY ENHANCEMENTS PROJECT CIP NO: 19-12 DATE: Monday, January 11, 2020 TIME: 11:00 A.M. ESTIMATE: $1,270,000.00 PROJECT ENGINEER: Roberto Yano, P.E. NO. BIDDER'S NAME BID AMOUNT ADDENDA #1,2 BID SECURITY -BOND 1 Eagle Paving Company, Inc. 13915 Danielson Street Poway, CA 92064 $1,086,911.00 Yes Bond 2. Blue Pacific Engineering & Construction 7330 Opportunity Rd, Suite J San Diego, CA 92111 $1,088,430.00 Yes Bond 3. LB Civil Construction, Inc. 324 E. Valley Rd Escondido, CA 92025 S1,105,050.00 Yes Bond 4. LC Paving & Sealing, Inc. 620 Alpine Way Escondido, CA 92029 $1,167,448.00 Yes Bond 5. Portillo Concrete Inc. 3527 Citrus St Lemon Grove, CA 91945 $1,255,485.00 Yes Bond 6. PAL General Engineering 2364 Paseo De Las Americas San Diego, CA 92154 $1,900,513.00 Yes Bond 39 of 199 Bid Results for Sweetwater Road Safety Enhancements Project (CIP No. 19-12) Item No.Inc. Description• Unit Qty. Eagle Paving Company, Blue Pacific Engineering & Construction LB Civil Construction, Inc. Base Bid -Sweetwater Road Safety Enhancements Project 1 Mobilization/Demobilization LS 1 $20,000.05 $20,000.05 $50,000.00 $50,000.00 $25,000.00 $25,000.00 2 Traffic and Pedestrian Control LS 1 $26,000.00 $26,000.00 $68,000.00 $68,000.00 $40,000.00 $40,000.00 3 Signing and Striping LS 1 $30,554.70 $30,554.70 $35,000.00 $35,000.00 $30,000.00 $30,000.00 4 Surveying LS 1 $13,500.00 $13,500.00 $12,000.00 $12,000.00 $30,000.00 $30,000.00 5 Construct 6" Type B-3 Pinned Median Curb per SDRSD G-6 LF 4750 $30.80 $146,300.00 $30.00 $142,500.00 $20.00 $95,000.00 6 Construct 6" PCC Pavement Median Over Existing Asphalt Pavement SF 13910 $8.80 $122,408.00 $10.00 $139,100.00 $6.00 $83,460.00 7 Furnish and Install 2" PVC Conduit with Mule Tape and Tracer Wire LF 2700 $30.45 $82,215.00 $27.00 $72,900.00 $44.00 $118,800.00 8 Furnish and Install Power Conductors, Ground and Splicing Per Plan LF 2800 $5.46 $15,288.00 $5.00 $14,000.00 $6.00 $16,800.00 Box Furnish and Install #3.5 Pull EA 15 $367.50 $5,512.50 $500.00 $7,500.00 $400.00 $6,000.00 10 ur ish and Install #5 Pull Furnish Box EA 1 $420.00 $420.00 $800.00 $800.00 $450.00 $450.00 11 Furnish and Install Street Light Standard with Foundation Complete EA 12 $6,300.00 $75,600.00 $6,500.00 $78,000.00 $6,500.00 $78,000.00 12 Furnish and Install 2P-30A Circuit Breaker in Existing Service Pedestal EA 2 $157.50 $315.00 $500.00 $1,000.00 $170.00 $340.00 13 pemove and Salvage Existing Street Lighting Fixture, Furnish and Install New LED Luminaire Street Lighting Fixture EA 5 $945.00 $4,725.00 $1,200.00 $6,000.00 $900.00 $4,500.00 14 Furnish and Install 6' Vehicle Detector Loop Per Caltrans Standard Plan ES-5B EA 20 $435.75 $8,715.00 $450.00 $9,000.00 $400.00 $8,000.00 Sub Total $551,553.25 $635,800.00 $536,350.00 Alternate 1 -Sweetwater Road Safety Enhancements Project . . 1 2" AC Grind and Overlay SF 257000 $1.62 $416,340.00 $1.34 $344,380.00 $1.50 $385,500.00 2 Full Street Section Remove and Replace SF 300 $29.50 $8,850.00 $25.00 $7,500.00 $100.00 $30,000.00 3 Furnish and Install 6' Vehicle Detector Loop Per Caltrans Standard Plan ES-5B EA 33 $435.75 $14,379.75 $450.00 $14,850.00 $400.00 $13,200.00 4 Construct Curb Ramp Per Plan EA 18 $4,730.00 $85,140.00 $4,000.00 $72,000.00 $5,500.00 $99,000.00 40 of 199 5 Construct 4" PCC Sidewalk Per SDRSD G-7 SF 500 $13.20 $6,600.00 $15.00 $7,500.00 $50,00 $25,000.00 6 Construct 6" Curb and Gutter Per SDRSD G-1 LF 80 $50.60 $4,048.00 $80.00 $6,400.00 $200.00 $16,000.00 Sub Total $535,357.75 $452,630.00 $568,700.00 Total $1,086,911.00: $1,088,430.00 $1,105,050.00 41 of 199 OWNER - CONTRACTOR AGREEMENT SWEETWATER ROAD SAFETY ENHANCEMENTS, GIP NO. 19-12 This Owner -Contractor Agreement ("Agreement") is made by and between the City of National City, 1243 National City Boulevard National City, California 91950 and Eagle Paving Company, Inc. ("Contractor"), 13915 Danielson Street, San Diego, CA 92064, on the 2nd of February, 2021, for the construction of the above referenced Project. In consideration of the mutual covenants and agreements set forth herein, the Owner and Contractor have mutually agreed as follows: 1. CONSTRUCTION The Contractor agrees to do all the work and furnish all the labor, services, materials and equipment necessary to construct and complete the Project in a turn -key manner in accordance with this Agreement and all documents and plans referenced in Exhibit "A", (hereinafter "Contract Documents"), in compliance with all relevant Federal, State of California, County of San Diego and City of National City codes and regulations, and to the satisfaction of the Owner. 2. CONTRACT PRICE Owner hereby agrees to pay and the Contractor agrees to accept as full compensation for constructing the project in accordance with these Contract Documents in an amount not to exceed the contract price as set forth in Exhibit "B" attached hereto and incorporated herein by reference. Payments to the Contractor shall be made in the manner described in the Special Provisions. 3. TIME FOR PERFORMANCE Time is of the essence for this Agreement and the Contractor shall construct the project in every detail to a complete and turn -key fashion to the satisfaction of the Owner within the specified duration set forth in the Special Provisions. 4. NON-DISCRIMINATION In the performance of this Agreement, the Contractor shall not refuse or fail to hire or employ any qualified person, or bar or discharge from employment any person, or discriminate against any person, with respect to such person's compensation, terms, conditions or privileges of employment because of such person's race, religious status, sex or age. 42 of 199 services rendered pursuant to this Agreement; however, Owner shall not have the right to control the means by which Contractor accomplishes such services. 10, LICENSES AND PERMITS Contractor represents and declares to Owner that it has all licenses, permits, qualifications and approvals of whatever nature which are legally required to practice its profession. Contractor represents and warrants to Owner that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any licenses, permits, qualifications or approvals which are legally required for Contractor to practice its profession. 11. GOVERNING LAW, VENUE This Agreement and the Contract Documents shall be construed under and in accordance with the laws of the State of California, and the appropriate venue for any action or proceeding arising from this Agreement and/or the Contract Documents shall be had in the Superior Court of San Diego, Central Branch. 12. COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall for all purposes be deemed to be an original. 13. FALSE CLAIMS Contractor acknowledges that if a false claim is submitted to the Owner, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the Owner seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys' fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. have read and understood all of the provisions of this Section 15, above: (Initial) (Initial) 43 of 199 EXHIBIT A CONTRACT DOCUMENTS Owner/Contractor Agreement Bid Schedule Addenda Plans Special Provisions (Specifications) San Diego County Regional Standard Drawings City of National City Standard Drawings Standard Specifications for Public Works Construction and Regional Supplements (Greenbook) State Standard Specifications State Standard Plans California Building, Mechanical, Plumbing and Electrical Codes Permits issued by jurisdictional regulatory agencies Electric, gas, and communications companies specifications and standards Sweetwater Authority specifications and standards Specifications, standards and requirements of MTS, BNSF, SANDAG, Port of San Diego and all other agencies that may be adjacent and/or affected by the project. 44 of 199 CORPORATE CERTIFICATE I, certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that , who signed said contract on behalf of the Contractor, was then of said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. I, certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that , who signed said contract on behalf of the Contractor, was then of said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. Corporate Seal: 45 of 199 1 PERFORMANCE BOND WHEREAS, the City Council of the City of National City, by Resolution No. 2020- , on the_2nd day of February, 2021, has awarded Eagle Paving Company, Inc., hereinafter designated as the "Principal", the SWEETWATER ROAD SAFETY ENHANCEMENTS, CIP NO. 19-12. WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract. NOW, THEREFORE, we, the Principal and as surety, are held and firmly bound unto the City of National City, hereinafter called the "City", in the penal sum of One Million, Eighty Six Thousand. Nine Hundred Eleven ($1,086,911.001 lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the above bounden Principal, his/her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said contract any alteration thereof made as therein provides, on his or their part, to be kept and performed at the time and in the amount therein specified, and in al! respects according to their true intent and meaning, and shall indemnify and save harmless the City of National City, its officers, agents, employees, and volunteers as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed herein or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such 46 of 199 PERFORMANCE BOND ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF ) ) ss COUNTY OF On this day of , 20 , before me, the undersigned, a Notary Public in and for said County and State, personally appeared known to me to be the person whose name is subscribed to the within instrument as the attorney -in -fact of the , the corporation named as Surety in said instrument, and acknowledged to me that he subscribed the name of said corporation thereto as Surety, and his own name as attorney -in -fact. NOTE: Signature of those executing for Surety must be properly acknowledged. NOTE: The Attorney -in -fact must attach a certified copy of the Power of Attorney. Signature: Name (Type or Print): Notary Public in and for said County and State My Commission expires: 47 of 199 1 It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement hereinabove described or pertaining or relating to the furnishing of labor, materials, or equipment therefore, not by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement hereinabove described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner of Public Entity and original contractor or on the part of any obliges named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 3110 or 3112 of the California Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned. IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the day of , 20 (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) Surety Principal 48 of 199 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City waiving the formal bid process pursuant to National City Municipal Code Section 2.60.260 regarding cooperative purchasing and authorizing the City to piggyback onto the County of San Diego's Purchase Order 562779-0 with Ford of Chula Vista for the purchase of three (3) new 2021 Ford AWD Police Interceptor K8A PEG 500A SUVs in an amount not to exceed $118,881.03. (Engineering/Public Works) Please scroll down to view the backup material. 49 of 199 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 2, 2021 AGENDA ITEM NO.: ITEM TITLE: Resolution of the City Council of the City of National City, waiving the formal bid process pursuant to National City Municipal Code Section 2.60.260 regarding cooperative purchasing and authorizing the City to piggyback onto the County of San Diego's Purchase Order 562779-0 with Ford of Chula Vista for the purchase of three (3) new 2021 Ford AWD Police Interceptor K8A PEG 500A SUVs in an amount not to exceed $118,881.03. PREPARED BY: Tirza Gonzales, Management Analyst II PHONE: 619-336-4318 EXPLANATION: See staff report. EPARTMENT: Engineering /Public Works APPROVED BY: FINANCIAL STATEMENT: APPROVED: FINANCE ACCOUNT NO. APPROVED: MIS 644-411-000-511-0000 (Equipment Replacement Reserve) - $118,881.03. ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION n FINAL ADOPTION STAFF RECOMMENDATION: Adopt the resolution awarding the purchase and of three (3) new 2021 Ford Police Interceptor SUVs. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Explanation 2. Quote 3. County of San Diego's Purchase Order 562779-0 4. Resolution of 1 99 Explanation: As part of the FY21 annual budget, City Council approved funding through the Equipment Replacement Reserve for the purchase of two (2) patrol and one (1) K-9 vehicles, for a total of three (3) vehicles, for the National City Police Department. Staff desires to purchase three (3) new 2021 Ford AWD Police Interceptor K8A PEG 500A SUVs. Consistent with Section 2.60.260 of the National City Municipal Code (NCMC) regarding cooperative purchasing, there is an opportunity to piggyback onto the County of San Diego's Purchase Order 562779-0 with Ford of Chula Vista to allow for the purchase of three (3) Ford AWD Police Interceptor K8A PEG 500A SUVs. Piggybacking allows the City to take advantage of competitively bid pricing. In addition, fleet managers typically reach out to local dealerships to acquire stock vehicles, prior to shipping to specialty shops for installation of aftermarket buildouts and customizations. NCMC Section 2.60.260 provides authority to the purchasing agent to join with other public jurisdictions to take advantage of cooperative purchasing opportunities, including but not limited to any federal, state or local agency pricing program or structure that is determined by the purchasing agent to allow a procurement that is in the best interests of the City. The purchasing agent may buy directly from a vendor at a price established through competitive bidding by another public agency whose procedures have been determined by the purchasing agent to be in substantial compliance with the City's procurement procedures, irrespective of the contracting limits of that jurisdiction or agency, even if the City had not initially joined with that public agency in the cooperative purchase. National City's Purchasing staff has confirmed that the County of San Diego's Purchase Order 562779-0 with Ford of Chula Vista was competitively bid conducted via Buy Net, the County of San Diego's designated Purchasing Venue, and that the procurement procedures are in substantial compliance with those of National City. Therefore, staff requests that City Council authorize the Mayor to award the purchase of three (3) new 2021 Ford AWD Police Interceptor K8A PEG 500A SUVs to Ford of Chula Vista in an amount not to exceed $118,881.03, consistent with Section 2.60.260 of the National City Municipal Code regarding cooperative purchasing, by piggybacking onto the County of San Diego's Purchase Order 562779-0. The funding to purchase this vehicle was approved by City Council through adoption of the FY 2021 annual budget. 51 of 199 EXHIBIT A Ford of Chula Vista 560 Auto Park Dr ChulaVista, Ca 91911 John Morshead Master Certified Commercial Fleet Manager (619)656-3311 Mobile (619)206-1033 Date: 17 November 2020 Deal/Invoice: TBD RFQ: 2021 K8A Interceptor Unit & Extended Pricing 3 Units To: City of National City Attn: Ruben Huerta 2100 Hoover Avenue City: National City Phone: (619) 496-6118 E-mail: Rhuerta@nationalcityca.gov State: CA Zip: 91950 QTY Unit Price Total 3 Ea '21 Ford AWD Police Interceptor K8A PEG 500A $35,608.00 $106,824.00 VIN; 1FMSK8AW-MNA ,et.seq. 3 Ea Tu-Tone Paint Scheme COSD YZ Roof & Front Doors $795.00 $2,385.00 Applied to Standards acceptable to SD County Sheriffs Dept. 3 Ea CA Sales Tax @ 8.75% $3,185.26 $9,555.78 3 Ea Ca Tire Fee @ $1.75 per Tire $8.75 $26.25 3 Ea Ca Electronic Filing Fee State Mandated to dealers @ 1/1/20 $30.00 $90.00 3 Ea Estimated CA DMV EXEMPT EXEMPT Noted: Requested Exterior Color Code UM Agate Black FOB No Freight to be Charged Unit Price Sub Total $39,627.01 Total Due: $118,881.03 Terms: Net 30 Ford of Chula Vista 560 Auto Park Dr Chula Vista, Ca 91911 (619)656-2500 Primary E-mail: Ford Of Chula Vista Jo =1Vlorsh ity of N onal City t Mgr. Designated Signer Wire Instructions: Chase Bank CV Automotive Group Inc DBA Ford of Chula Vista Routing #: 322271627 Acct #: 371980662 52 of 199 County of San Diego Department of Purchasing & Contracting 5560 Overland Ave, Ste 270 San Diego, CA 92123-1204 PH: (858) 505-6367 FAX: (858) 715-6452 Page : 1 of 11 SUPPLIER: CV AUTOMOTIVE GROUP INC FORD OF CHULA VISTA 560 AUTO PARK DR CHULA VISTA,CA 91911 SEND ORIGINAL INVOICE TO: GENERAL SERVICES ADMINISTRATION 5560 OVERLAND AVE. STE 410 SAN DIEGO.CA 92123-1204 The P O Numbe, must appear on all invoices end shipping documents For out cl State Invoices the county will pay Coli/om a Use Tax directly to the State of CA per Pemkt no 5R FH 25.1.32384 Prior to first payment new suppliers must submit a completed IRS Fonn W.9 and a FT8 Form 590 Fallwe to submit a completed F r8 Form 590 will result In back up withholding on all payments per CA Roronue and Taxation Coda section 18662 :subnyt both loans to Audrlor 8 Controller via fax a(. 858) 694.2060 and mail originals to County of San Otago 5530 Overland Ave Ste 410 San Oago CA 92123 PURCHASE ORDER P.O. Number -Rev: 562779 - 0 P.O.Type: STANDARD Date: 12-JUN-20 Authorized By: Phone No: VICTORIA BARBOZA 858-505-6361 I TERMS: Payments: F.O.B. Freight: Carrier: NET 30 DAYS DESTINATION PREPAID BEST METHOD SHIP TO: 1 GS - FLEET MANAGEMENT 5610 OVERLAND AVE SAN DIEGO,CA 92123 REQUIRED DELIVERY DATE: NOTE TO THE SUPPLIER: Ford of Chula Vista Contact: John Morshead, Master Certified Commercial Fleet Manager 580 Auto Park Drive, Chula Vista, CA 91911 Direct: (619) 656-3311 Mobile: (619) 206-1033 E-Mail: johnwm@fordcv.com DGS Fleet Contact: Israel Perez, Fleet Standards Technician Direct: (858) 694-3435 Mobile: (619) 458-6295 Email: Israel.Perez@sdcounty.ca.gov L ORDER ITEMS: Line: 2 Quantity: 10 UOM: EACH UNSPSC: 251000.0000 Item #: Description: DGS - ACQUISITIONS - SHERIFF STANDARD PATROL HYBRID REPLACEMENT Line: 3 Quantity: 42 UOM: EACH UNSPSC: 251000.0000 Item #: Unit Price: 32,900.00 Taxable: CA SALES TAX Total Line Price: $ 354,497.50 (Including Tax) Ship Quantity: Delivery Date: Unit Price: 512.00 Taxable: CA SALES TAX Description: DGS - BUS BLIND SPOT MONITORING WITH CROSSTRAFFIC ALERT Page 1 of 79 10 Total Line Price: $ 23,170.56 (Including Tax) 53 of 199 COUNTY OF SAN DIEGO PURCHASE ORDER CONTINUED Page :2of11 P.04 Nu: bar -Rev RO,Type: Date: Authorized By: Phone No: 562779 - 0 STANDARD 12-JUN-20 VICTORIA BARBOZA B58-505-6361 Line: 4 Quantity: 42 UNSPSC: 251000.0000 UOM: EACH Item #: Description: DGS - REVERSE SENSING Line: 5 Quantity: 42 UOM: EACH UNSPSC: 251000.0000 Item #: Description: DGS - DAYTIME RUNNING LAMPS Line: 6 Quantity: 42 UOM: EACH UNSPSC: 251000.0000 Item #: Ship Quantity: Delivery Date; Unit Price: 259.00 Taxable: CA SALES TAX 42 Total Line Price: $ 11,721.05 (Including Tax) Ship Quantity: Delivery Date: Unit Price: 42.00 Taxable: CA SALES TAX 42 Total Line Price: $ 1,900.71 (Inclu(Iing Tax) Ship Quantity: Delivery Date: Unit Price: 841.00 Taxable: CA SALES TAX Description: DGS - FRONT HEADLAMP/POLICE INTERCEPTOR HOUSING ONLY Line: 7 Quantity: 42 UOM: EACH UNSPSC: 251000.0000 Item #: 42 Total Line Price: $ 38,059,46 (including Tax) Ship Quantity: Delivery Date: Unit Price: 405.00 Taxable: CA SALES TAX Description: DGS - TAIL LAMP / POLICE INTERCEPTOR HOUSING ONLY Line: 8 Page 3 of 79 42 Total Line Price: $ 18,328.28 (including Tax) Ship Quantity: Delivery Date: 42 1 54 of 199 COUNTY OF SAN DIEGO PURCHASE ORDER CONTINUED Page : 3 oP 11 P.U. Number -Rev: P.O.Type: Date: Authorized By: Phone No: 562779 - 0 STANDARD 12-JUN-20 VICTORIA BARBOZA B58-505-6361 Quantity: 42 UOM: EACH UNSPSC: 251000.0000 Item #: Unit Price: 47.00 Taxable: CA SALES TAX Description: DGS - DOME LAMP RED/WHITE IN CARGO AREA Line: 9 Quantity: 42 UNSPSC: 251000.0000 UOM: EACH Item #: Description: DGS - UNDERBODY DEFLECTOR PLATE Line: 10 Quantity: 42 UOM: EACH UNSPSC: 251000.0000 item #: Total Line Price: $ 2,126.99 (In eluding Tax) Ship Quantity: Delivery Date: Unit Price: 315.00 Taxable: CA SALES TAX 42 Total Line Price: $ 14,255.33 (Including Tax) Ship Quantity: Delivery Date: Unit Price: 150.00 Taxable: CA SALES TAX Description: DGS - HIDDEN DOORLOCK PLUNGER WIREARDOOR HANDLES OPERABLE Line: 11 Quantity: 42 UOM: EACH UNSPSC: 251000.0000 Item #: Description: DGS - SPOT LAMP LED DUAL Line: 12 Quantity: 42 UNSPSC: 251000.0000 Description: DGS - KEYED ALIKE UOM: EACH Item #: 42 Total Line Price: $ 6,788.25 [including Tax) Ship Quantity: Delivery Date: Unit Price: 582.00 Taxable: CA SALES TAX 42 Total Line Price: $ 26,338,41 Qnciudk g Tax) Ship Quantity: Delivery Date: Unit Price: 47.00 Taxable: CA SALES TAX Page 5 of 79 42 Total Line Price: $ 2,126,99 (Including Tax) 55 of 199 COUNTY OE= SAN DIEGq r. PURCHASE ORDER CONTINUE[) Page : 4 of 11 .6 . Nutrittar-Re..! P.0.Type: Date: Authorized By: Phone No: 662779 - 0 STANDARD 12-JUN-2D VICTORIA BARROZA 858-505-6361 Line: 13 1 Quantity: 42 UNSPSC: 251000.0000 UOM: EACH Item #: Description: DOS - BALLISTIC DOOR PANEL Line: 14 Quantity: 42 UNSPSC: 251000.0000 UOM: EACH Item #: Description: DOS - GLASS SOLAR TINT 2ND ROW ONLY Line: 15 Quantity: 42 UOM: EACH UNSPSC: 251000.0000 Item #: Description: DOS - WAF ASSET WORKS TO SPEC Line: 16 1 Quantity: 42 UOM: EACH UNSPSC: 251000.0000 Item #: Description: DGS - ADDITIONAL AFTERMARKET PAINT Line: 17 Ship Quantity: Delivery Date: Unit Price: 4,541.00 Taxable: CA SALES TAX 42 Total Line Price: $ 205,502.96 {Including Tax) Ship Quantity: Delivery Date: Unit Price: 80.00 Taxable: CA SALES TAX 42 Total Line Price: $ 3,620.40 Inc uding Tax) Ship Quantity: Delivery Date: Unit Price: 513.00 Taxable: CA SALES TAX 42 Total Line Price: $ 23,215.82 Including Tax) Ship Quantity: Delivery Date: Unit Price: 712.00 Taxable: CA SALES TAX Page 7 or 79 42 Total Line Price: $ 32,221.56 (Including Tax) Ship Quantity: Delivery Date: 42 56 of 199 ,.9O€I iT1f.OF SAN DIEGO "; r„)i: PURCHASE ORDER CONTINUED Page : 5 of 11 P. . Ihl ,totkw,r-Flew: P.O.Type: Date: Authorized By: Phone No: Quantity: 2 UOM: EACH UNSPSC: 251000.0000 Item #: Description: DGS -AUXILIARY AIR CONDITIONING r Line: 18 1 Quantity: 40 UOM: EACH UNSPSC: 251000.0000 Item #: Description: DGS - SHERIFFS PATROL OUTFITTING PARTS I Line: 19 Quantity: 2 UNSPSC: 251000.0000 UOM: EACH Item #: Unit Price: 573.00 Taxable: CA SALES TAX STANDARD 3 12-JUN-20 VICTORIA BARBOZA B58-505-6361 Total Line Price: $ 1,234,82 (Including Tax) Ship Quantity: Delivery Date: Unit Price: 11,819.00 Taxable: CA SALES TAX Unit Price: 3,640.00 Taxable: NO TAX Description: DGS - SHERIFFS PATROL K9 OUTFITTING LABOR ! Line: 20 1 Quantity: 2 UOM: EACH UNSPSC: 251000.0000 Item #: Description: DGS - SHERIFFS PATROL K9 OUTFITTING PARTS 1 Line: 21 1 Quantity: 40 UNSPSC: 251000.0000 Description: DGS - SHERIFFS PATROL OUTFITTING LABOR UOM: EACH Item #: Unit Price: 2,940.00 Taxable: NO TAX Page 9 of 79 2 Total Line Price: $ 509,398.90 (fackudIr g Tax) Ship Quantity: Delivery Date; 40 Total Line Price: $ 7,280.00 (including Tax) Ship Quantity: Delivery Date: Unit Price; 14,537,00 Taxable: CA SALES TAX 2 Total Line Price: $ 31,327.24 (irtdudhre Tax) Ship Quantity: Delivery Date: 2 Total Line Price: $ 117,600.00 (including Tax) 57 of 199 COUNTY OF SAN f a1) GO Ct LN ;` ' r 4 r le: ':k. PURCHASE ORDER CONTINUED ^s.J17,C.)p". Page : 6 of 11 P.O. {li@S'.GBthor-Rev: 56277h -0 .; t.;. i utr:;asl;• '.:: -t.6277 P.O.Type: STANDARD • Date: 12-JUN-20 Authorized By: VICTORIA BARBOZA Phone Na: 85B-505-6361 Line: 22 Quantity: 42 UNSPSC: 251000.0000 Description: DGS - TIRE FEE UOM: EACH Item #: P Line: 23 1 Quantity: 7 UNSPSC: 251000.0000 UOM: EACH Item #: Unit Price: B.75 Taxable: NO TAX Ship Quantity: 40 Delivery Date: Total Line Price: $ 367.50 (including Tax) Ship Quantity: 42 Delivery Date: Unit Price: 33,634.00 Taxable: CA SALES TAX Description: DGS - ACQUISITIONS - SHERIFF STANDARD PATROL ECOBOOST - ADDITIONAL Line: 24 Total Line Price: $ 253,6134.45 (including Tax) Ship Quantity: 7 Delivery Date: Quantity: 7 UOM: EACH Unit Price: 512.00 UNSPSC: 251000.0000 Item #: Taxable: CA SALES TAX Description: DGS - BLIS BLIND SPOT MONITORING WITH CROSSTRAFFIC ALERT Line: 25 Quantity: 7 UNSPSC: 251000.0000 UOM: EACH Item #: Description: DGS- REVERSE SENSING I Line: 26 1 Total Line Price: $ 3,861.76 OncludIng Tax) Ship Quantity: 7 Delivery Date: Unit Price: 259.00 Taxable: CA SALES TAX Page 11 of 79 Total Line Price: $ 1,953.51 (Including Tax) Ship Quantity: 7 Delivery Date: 58 of 199 CoUN i V.OF SAN DIEGO PURCHASE ORDER CONTINUED Page :7of11 °.'',:I.•a.";• OF SAN orE ;) Quantity: 7 UOM: EACH P.O. Kl6ktnbew-Hp : 562779 - 0 .r. P.O.Type: STANDARD Date: 12-JUN-20 Authorized By: VICTORIA BARBOZA Phone No: 858-505-6361 Unit Price: 42.00 UNSPSC: 251000,0000 Item #: Taxable: CA SALES TAX Description: DGS - DAYTIME RUNNING LAMPS Line: 27 Quantity: 7 UNSPSC: 251000,0000 UOM: EACH item #: Total Line Price: $ 316.79 (Including Tax) Ship Quantity: 7 Delivery Date: Unit Price: 841.00 Taxable: CA SALES TAX Description: DOS - FRONT HEADLAMP/POLICE INTERCEPTOR HOUSING ONLY Line: 28 Quantity: 7 UOM: EACH Unit Price: 405.00 Total Line Price: $ 6,343.24 (Inr4udhg Tax) Ship Quantity: 7 Delivery Date: UNSPSC: 251000.0000 Item #: Taxable: CA SALES TAX Description: DGS - TAIL LAMP / POLICE INTERCEPTOR HOUSING ONLY Line:29 Quantity: 7 UOM: EACH Unit Price: 47.00 Total Line Price: $ 3,054.71 (IndudIng Tax) Ship Quantity: 7 Delivery Date: UNSPSC: 251000.0000 Item #: Taxable: CA SALES TAX Description: DOS - DOME LAMP RED/WHITE IN CARGO AREA Line: 30 Quantity: 7 UOM: EACH Unit Price: 315,00 UNSPSC: 251000.0000 Item #: Taxable: CA SALES TAX Description: DGS - UNDERSODY DEFLECTOR PLATE Total Line Price: $ 354.50 (including Tax) Ship Quantity: 7 Delivery Date: Page 13 of 79 Total Line Price: $ 2,375.89 (Including Tax) 59 of 199 COUNTY OF SAN DIED PURCHASE ORDER CONTINUED , t;, 1.).iel I y rs ' $,1,:: ;:; iF�".:.: P,. Number -Rev: ::s,4_iv•:l� �,:;•.; ,. �:3E P.O.Type: Date: Page :8of11 Authorized By: Phone No: Ship Quantity: Delivery Date: f Line: 31 1 Quantity: 7 UOM: EACH Unit Price: 150.00 UNSPSC: 251000.0000 item #: Taxable: CA SALES TAX Description: DOS - HIDDEN DOORLOCK PLUNGER W/REARDOOR HANDLES OPERABLE f Line:32 Quantity: 7 UOM: EACH UNSPSC: 251000.0000 Item #: Description: DGS - SPOT LAMP LED DUAL Line: 33 1 Quantity: 7 UNSPSC: 251000,0000 Description: DOS - KEYED ALIKE UOM: EACH Item if: II Line: 34 1 Quantity: 7 UNSPSC: 251000.0000 Description: DOS - BALLISTIC DOOR PANEL LEVEL IV UOM: EACH Item #: Line: 35 1 SKIM M .. 0 STANDARD 12-JUN-20 tilisrth.Fir- tev: VICTORIA BAI'26OZA 858-505-6361 7 Total Line Price: $ 1,131,38 (IndudIng Tax) Ship Quantity: Delivery Date: Unit Price: 582.00 Taxable: CA SALES TAX 7 Total Line Price: $ 4,389.74 (Including Tax) Ship Quantity: Delivery Date: Unit Price: 47.00 Taxable: CA SALES TAX 7 Total Line Price: $ 354,50 (I ncluding Tax) Ship Quantity: Delivery Date: Unit Price: 4,541,00 Taxable: CA SALES TAX Page 15 of 79 7 Total Line Price: $ 34,250,49 (In e)udfng Tax) Ship Quantity: Delivery Date: 7 60 of 199 CoUNTY OF SAN DIeGo l: R ":':gr::: ,� r,. PURCHASE ORDER CONTINUED Page : 9 of 11 P.O. Number -Rev: P.O,Type: Date: Authorized By: Phone No: 562770-0 STANDARD 12-JUN-20 ;,.,• 1.62771 td VICTORIA BARBOZA 858-505-6381 Quantity: 7 UNSPSC: 251000,0000 UOM: EACH Item #: Description: DOS - GLASS SOLAR TINT 2ND ROW ONLY Line: 36 Quantity: 7 UOM: EACH UNSPSC: 251000.0000 Item #: Description: DOS - WAF ASSET WORKS TO SPEC Line: 37 Quantity: 5 UNSPSC: 251000.0000 UOM: EACH Item #: Description: DGS - ADDITIONAL AFTERMARKET PAINT Line: 38 Quantity: 5 UOM: EACH UNSPSC: 251000.0000 Item #: Description: DOS - SHERIFFS PATROL OUTFITTING PARTS Line: 39 Quantity: 5 UNSPSC: 251000.0000 UOM; EACH Item #: Description: DOS - SHERIFFS PATROL OUTFITTING LABOR Unit Price: 80.00 Taxable: CA SALES TAX Total Line Price: $ 603.40 (including Tax) Ship Quantity: Delivery Date: Unit Price: 513.00 Taxable: CA SALES TAX 7 Total Line Price: $ 3,869.30 (Including Tax) Ship Quantity: Delivery Date: Unit Price: 712.00 Taxable: CA SALES TAX 7 Total Line Price: $ 3,835.90 (including Tax) Ship Quantity: Delivery Date: Unit Price: 11,819.00 Taxable: CA SALES TAX Unit Price: 2,940,00 Taxable: NO TAX 5 Total Line Price: $ 63,674,86 (including Tax) Ship Quantity: Delivery Date: 5 Total Line Price: $ 14,700.00 (including Tax) Page 17 of 79 61 of 199 a;.OUNitY, OF SAN mooPuric 'sE ORDER CONTINUED Page : 10 of 11 P.Q. Number -Rev: P.O.Type: Date: Authorized By: Phone No: MUM: - 9 STANDARD 12-.IU6N-20 VFCTORIA BARBOZA 858-505-8381 I Line:40 1 Quantity: 2 UOM: EACH UNSPSC: 251000.0000 Item #: Description: DGS - SHERIFFS PRISONER TRANSPORT OUTFITTING PARTS Line: 41 l Quantity: 2 UNSPSC: 251000.0000 Description: DGS - SHERIFFS PRISONER TRANSPORT OUTFITTING LABOR Ship Quantity: Delivery Date: Unit Price: 5,004.00 Taxable: CA SALES TAX UOM: EACH Item #: Line:42 Quantity: 7 UNSPSC: 251000.0000 Description: DGS - TIRE FEE UOM: EACH item #: Line: 43 I Quantity: 32 UOM: EACH UNSPSC: 251000.0000 Item #: Description: DGS - ACQUISITIONS - SHERIFF STANDARD PATROL ECOBOOST REPLACEMENT Unit Price: 1,820.00 Taxable: NO TAX Unit Price: 8.75 Taxable: NO TAX 5 Total Line Price: $ 10,783,62 (Including Tax) Ship Quantity: Delivery Date: 2 Total Line Price: $ 3,640.00 lud (Inc,lg Tax) Ship Quantity: Delivery Date: 2 Total Line Price: $ (Including Tax) Ship Quantity: Delivery Date: I Line: 44 1 Unit Price: 33,634.00 Taxable: CA SALES TAX Page 19of79 Ship Quantity: Delivery Date: 7 61.25 Total Line Price: $ 1,159,700.32 (including Tax) 32 62 of 199 1 COUNTY OF SAN DIEGO CCl.ti °" PURCHASE ORDER CONTINUED < Page : 11 of 11 .O. Number -Rev: P.O.Type: Date: Authorized By: Phone No: 562779 -0 STANDARD 12-JUN-20 VICTORIA BARBOZA 858-505.6361 Quantity: 1 UOM: EACH Unit Price: 70.00 UNSPSC: 251000.0000 Item #; Taxable: NO TAX Description: HOURLY LABOR RATE TO INSTALL ADDITIONAL PACKAGES AND EQUIPMENT Total Line Price: $ 70.00 (Including Tao Ship Quantity: Delivery Date: 1 TOTAL P.O. PRICE (Including Tax): $ 3,004,092.34 1 I ADDITIONAL INFORMATION : 1 PRICING PER RFB 10281. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN ANY VENDOR PURCHASE DOCUMENT, IN THE EVENT THERE IS A CONFLICT BETWEEN THE COUNTYS AND THE VENDORS TERMS AND CONDITIONS, THE TERMS AND CONDITIONS SET FORTH IN THIS PURCHASE ORDER SHALL GOVERN THE PARTIES RELATIONSHIP. CONTRACT CONTENTS: 1. PURCHASE ORDER 2. TERMS AND CONDITIONS 3, EXHIBIT A-1 RFB 10281 CHULA VISTA FORD SUBMISSION AND ADDENDUMS END OF ORDER } Page 21 of 79 } } 63 of 199 John M. Pellegrino Director April 17, 2020 EXHIBIT A-1 RFB 10201 CHULA MTh row) SUBMISSION AND ADDENDUMS County of an ;)tego Department of Purchasing and Contracting 5560 Overland Avenue, Sella 270, San Diego, California 92123-1204 REQUEST FOR BID (RFB) 10281 COUNTY OF SAN DIEGO DEPARTMENT OF GENERAL SERVICES FORD POLICE INTERCEPTOR UTILITY VEHICLES TELEPHONE (558)5as-aaei FA%{H5e) 7154452 The County of San Diego (County), Department of General Services has a requirement for Ford Police interceptor Utility Vehicles in accordance with the Terms & Conditions and Statement of Work within. RFB CONTENT This RFB package includes the following: Transmittal Letter to Release the RFB Section A • Cover Page (PC 600 Form) (Submit with the bid) • Representations and Certifications (Submit with the bid) • Pricing Schedule (Submit with the bid) • Designation of Subcontractors (Submit with the bid) • Contractor Award Documentation (See Section B for submittal requirements) • Bidder/Offeror DVBE Information (See Section B for submittal requirements) • DVBE "Good Faith Effort" Package (See Section B for submittal requirements) Section B Instructions for Completing and Submitting Bid and Pre -Award Survey Requirements Section C — Contract • Statement of Work • Attachment l • Attachment 2 - Photos ■ Standard Terms and Conditions BID DUE DATE Submit responses by 11:00 AM, Local Time on May 15, 2020. The County will be temporarily changing procurement processes due to the social distancing and other requirements put in place in response to the COVID-19 virus. This RFB is posted on the BuyNet site with a solicitation type of RFP, to allow for the submission of electronic bids though BuyNet. Bids submittals by electronic upload through BuyNet will be accepted for this RFB. Bids will not be accepted by personal delivery. Bid openings will be conducted through a video feed using the WebEx platform instead of in person attendance. The link for the virtual bid opening for this bid will posted at a later time via addendum. Bids for this RFB shall be submitted by electronic upload through BuyNet, in the following manner: • Offerors shall respond to the solicitation by electronic file upload to BuyNet. • Submit as PDFs with scanned signatures; or • Submit in original format (e.g. Microsoft Word with pictures of signature pages. Please use this Page 2 of 79 64 of 199 1 'iil£iIT A.'i RFB 10281 C 1ULA VISTA Ryiis C.I.5 iUkli;SION AND HUDErg:WA/2S,, - method only if unable to submit the bid in PDF form. xn'. • The County will conduct bid openings through a video feed using the WebEx platform instead of in person attendance. Bid abstracts will be posted to BuyNet after bid opening. The link for the virtual bid opening for this bid will be posted at a later time via addendum. • The County's decision about the timeliness or responsiveness of any electronically submitted bid shall be final, and the County reserves the right to waive or not waive any defect or non- conformance. Additional COVID-19 procurement information is available at: hops://www.sandiegocounty.aov/content/sdc/purchasing/COVID- 19 Updates.himl AWARD Award(s) will be made by lump sum by the County Purchasing and Contracting Department, as stated on the Pricing Schedule to the lowest responsive, responsible bidder(s) in order from lowest bid to highest, based on the total price. Unbalanced bidding will be cause for the entire bid to be rejected. The County reserves the right to perform a pre -award survey of the bidder to determine capability to perform, including but not limited to experience, references, past performance, financial stability, certification, and the submission of documentation as requested in the Pre -Award Survey (Section B, Paragraph C 6). The determination of the County as to the bidder's prospective ability to perform the contract shall be conclusive. QUESTIONS Questions and requests for clarification related to definition or interpretation of this RFB shall be submitted in writing prior to 5:00 p.m. PST on April 24, 2020. Questions must be submitted in writing by email to: Department of Purchasing and Contracting, Procurement Contracting Specialist: Victoria.Barboza(:ie,;sdcounty.ca.gov No questions will be accepted via telephone and oral explanations or instructions shall not be considered binding on behalf of the County. An addendum will be issued in response to questions, which will only be available by downloading from BuyNet. Ycca» taa 5a,i5t VICTORIA BARBOZA, Procurement Contracting Specialist Department of Purchasing and Contracting Page 24 of 79 65 of 199 RFR 10281 Cbg i DDui{.✓ 81"19"; 11:'.+ �: ,+' ;a�'...,� •} E xl1t8t"f a 9HUI..A VISTA FC7E� l llt3MISSION APl1D AI)bE UMB REQUEST FOR HID 10281 COUNTY OF SAN DIEGO DEPARTMENT OF GENERAL SERVICES FORD POLICE INTERCEPTOR UTILITY VEHICLES SECTION A _. P&C 600 FORM COUNTY OF SAN DIEGO REQUEST FOR BID THIS IS NOT AN ORDER MAIL OR DELIVER TO: DEPARTMENT OF PURCHASING AND CONTRACTING COUNTY OF SAN DIEGO. RFB NO. 102811 5560 OVERLAND AVE, STE 270 SAN DIEGO,CA 92123-1204 AWARD: WILL BE MADE TO THE LOWEST RESPONSIVE RESPONSIBLE BIDDER BASED ON: [ ] ALL OR NONE [ ] EACH LOT [X] TOTAL PRICE [ ] EACH ITEM Dale Issued: April 17, 2020 RIB Na. 10281 FOR INFORMATION, PLEASE CALL 1 Victoria Barboza, Procurement Contracting Specialist Victoria,barbozaJsdcaunty.ca.gov BID OPENING DATE: May 15, 2020_ Bids must be received at the upper left address prior to 11:00 A.M. on the date of the Bid Opening. PLEASE STATE YOUR LOWEST PRICE, F.O.B. DESTINATION AND BRAND NAME OR TRADE NAME IF APPLICABLE. (PLEASE USE TYPEWRITER OR BLACK INK) Envelope must include RFD No. 10281 DESCRIPTION THE COUNTY OF SAN DIEGO, DEPARTMENT OF GENERAL SERVICES, HAS A REQUIREMENT FOR THE MOST CURRENT MODEL YEAR FORD POLICE INTERCEPTOR UTILITY VEHICLES, IN ACCORDANCE WITH THE TERMS & CONDITIONS CONTAINED HEREIN. SEE SPECIFICATIONS AND PRICING PAGE FOR. DESCRIPTION. AWARD WILL BE MADE TO THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER. AWARD WILL BE BASED ON TOTAL PRICE. ALL PRICING OFFERED WILL BE FIRM FIXED THROUGH THE END OF FACTORY PRODUCTION, FINAL BUILD OUT DATE FOR THE AWARDED MODEL YEAR PRODUCTION. Bidder acknowledges Addendum No. I LA 2 pel 3 { ] 4 { j 5 [d SUBJECT TO ACCEPTANCE WITHIN [ ] DAYS PAYMENT TERMS NET 30 OR % day eI 1 AND ADDRESS F DDE (Ty e or print) v rs ai p-t•l v� tva V i.A Street,, city, tate, Zip Sae) It-.. . Ga �, TelephoeU41) (y'a�l„e 33(t. �1 ,Fax Number: (tit 1 NAME AND TITLE OF PERSON AUTHORIZED 1 TO SIGN OFFER: j /to,-tht H•¢ fa6 brE,AC:t it-ret . e-, A t- fi t.- r- 4-PA e, 2 OFFEfi R DATE /mil /-14 p NOTIFICATION OF AWARD (This section for County use only) ACCEPTANCE AS TO ITEM(S) NUMBERED: 1 COUNTY OE SAN DIEGO BY: 1 DATE 1 JOHN M. PELLEGRINO. Director TOTAL AMOUNT AWARD NO. NAME AND TITLE OF CONTRACTING OFFICER Page 25 of 79 66 of 199 EXHIBIT A-1 RFS 10281 CHULA VISTA FORD &OtsIlet 8li?N AND ADDENDUMS • ; .c? SECTION A - REPRESENTATIONS AND CERTIFICATIONS County of San Diego Department of Purchasing and Contracting REPRESENTATIONS AND CERTIFICATIONS The following representations and certifications are to be completed, signed and returned with the offer (the term "offer" includes a bid, proposal, quote, statement of qualifications, or any other submission to provide goods and/or services). 1. BUSINESS TYPE t}For-profit ❑ Non-profit ❑ Government 423 Are presently the target or subject of any investigation, 2. INTERLOCKING DIRECTORATE accusation or charges by any federal, state or local agency In accordance with Board of Supervisors Policy A-79, if Offeror is a or law enforcement, licensing, certification, ethics, or non-profit and will be subcontracting with a related for -profit entity compliance body; where an interlocking directorate, management or ownership 424 Are proposed for debarment by any state, local, or federal relationship exists, Offeror must list all such entity(!es) on an department or agency, attached separate sheet, and authorization must be sought from 425 if Offeror is unable to certify Sections 4.2.1, 4.2,2, 4.2.3, or Board of Supervisors. If Offeror is a non-profit and does not submit 4.2.4, it certifies that it has disclosed and attached to this such a list, Offeror certifies it has not entered into a subcontract Representations and Certifications the reason(s) it cannot relationship with a related for -profit entity. do so. The disclosure must include the Section(s), specific List Attached? Yes 0 relevant facts including dates, contracts, individuals 3. BUSINESS REPRESENTATION involved, status of actions, and any other relevant Offeror represents as a part of this offer the following information information that prevent it from making the requested regarding the ownership, operation, and control of Its business: certification(s). The County reserves the right to disqualify al. PAre you a local business with physical address within an Offeror based upon infarmationdisclosed, the County of San Diego? fief Yes 0 No Disclosure Attached? Yes ❑ 32 Are you certified by the State of California as a 5. RELATED WORK ❑ Disabled Veteran Business Enterprise(DVBE) Offeror certifies to the best of its knowledge that, other than as disclosed in an attached separate sheet, it and its proposed Certification #: subcontractors, agents, and consultants have not previously ❑ Small Business Enterprise (SBE) contracted with the County to perform work on or related to this project Certification #: (e.g. preparing related studies or recommendations, components of 13. Are you certified by the U.S. Dept Of Veterans' Affairs as. the statement of work, or plans and specifications), ❑ Veteran Owned Small Business (VOSB) Disclosure Attached? Yes 0 Certification# 6. CURRENT COST OR PRICING ❑ Service Disabled Veteran Owned Small Business Offeror certifies to the best of its knowledge that cost and/or pricing (SDVOSB) data submitted with this offer, or specifically identified by reference Certification # if actual submission of the data is impracticable, are accurate, 34 Estimated percentage of work in this offer to be performed complete, and current as of the date signed below. or fulfilled locally (within the geographic boundaries of the 7• INDEPENDENT PRICING County of San Diego) 9fi Offeror certifies that in relation to this offer: 4. DEBARMENT, SUSPENSION, AND RELATED MATTERS 7.1. The prices in this offer have been arrived at independently, 41. Offeror certifies to the best of its knowledge that neither it nor without consultation, communication, or agreement, for the any of its officers: purpose of restricting competition, as to any matter relating to 41.1. Are presently debarred, suspended, declared ineligible, such prices with other offerors, with any competitors, or with any or voluntarily excluded from covered transactions by County employee(s) or consultant(s) Involved in this or related any state, local, or federal department or agency, procurements; 412 Have within a three (3) year period preceding this 72 Unless otherwise required by law, the prices that have been agreement been convicted of or had a civil judgment quoted in this offer have not been knowingly disclosed by the rendered against them for commission of fraud or Offeror and will not knowingly be disclosed by the Offeror prior criminal offense in connection with obtaining, to opening, In the case of a bid, or prior to award, in the case of attempting to obtain, or performing a public (federal, a proposal, directly or indirectly to any other Offeror or to any state, or focal) transaction or contract under a public competitor or with any County employee(s) or consultant(s) transaction; violation of federal or state antitrust involved in this or related procurements; and statutes; or commission of embezzlement, theft, 72 No attempt has been made OF will be made by the Offeror to forgery, bribery, falsification or destruction of records, induce any other person or firm to submit or not 10 submit an making false statements, or receiving stolen property; offer for the purpose of restricting competition 42 Except as allowed for in Section 4.2.5, Offeror hereby certifies IL ADDITIONAL, DISCLOSURES 10 the best of its knowledge that neither it nor arty of its officers: Offeror shall report in writing to the County Department of Purchasing 421 Are presently indicted for or otherwise criminally or and Contracting within five business days of discovering or having civilly charged by a government entity (federal, state, or any reason to suspect any change in status as certified in the local) with the commission of any of the offenses preceding paragraphs. Upon County's request, Offeror shall provide enumerated In paragraph 4.1.2 of this certification; additional information supporting Offeror's Representations and 422 Have within a three (3) year period preceding this Certifications Offeror's obligations under this Section 8 shall continue agreement had one or more public transactions until Offeror is no longer under consideration for award of a contract, (federal, state or local) terminated for cause or default; or until termination or expiration of any resulting contract(s) CERTIFICATION The information furnished in Paragraphs 1 through 8 and in the accompanying offer is certified to be factual and correct as of the date submitted and this certification is made under penalty of perjury under the laws of the State of Califo ' Name: Jeael4fe-* eeee-.p Signature: l Title:CiPli! 6I4 4_..62— Date: 7 f siA. /474 rr• +.4•r P i.cz> Company/Organization: C..0 A_.,,,►O'rar1t 4,P( 4t F $SiK. Lit -b SUBMIT THIS FORM AS DIRECTED IN THE REQUEST FOR SOLICITATION DOCUMENTS OR WITH THE OFFER Rewsea D5-O2.2017 Page 26 of 79 67 of 199 EXH1f3I r A-1 RFS 10281 CHULA VISTA FORD SUBM 5SION AND ADDENDyMtw. REQUEST FOR BID 10281 COUNTY OF SAN DIEGO DEPARTMENT OF GENERAL SERVICES FORD POLICE INTERCEPTOR UTILITY VEHICLES SECTION A r NONDISCLOSURE INDEMNIFICATION AGREE NI ENT NONDISCLOSURE INDEMNIFICATION AGREEMENT IF OFFEROR SUBMITS EXHIBIT CONFIDENTIAL/PROPRIETARY, THE FOLLOWING NONDISCLOSURE INDEMNIFICATION AGREEMENT MUST BE COMPLETED, SIGNED AND RETURNED WITH THE OFFER This indemnification agreement ("Agreement") is made and entered into by and between the County of San Diego ("County") and Offeror Company/Organization Name: ("Offeror") with reference to the following facts: WHEREAS the County may receive a request for disclosure of Offeror's submission under the California Public Records Act, Government Code Section 6250, et seq.; and WHEREAS, Offeror has included in its submission an exhibit entitled "EXHIBIT -- CONFIDENTIAL/PROPRIETARY' containing records that Offeror has determined to constitute trade secrets or other proprietary information exempt from disclosure under the California Public Records Act; and WHEREAS the County requires defense and indemnity from Offeror for the County's ongoing non -disclosure of Offeror's EXHIBIT-CONFIDENTIAL/PROPRIETAR Y; NOW, THEREFORE, for good and valuable consideration and the mutual promises contained herein, the parties agree to the following: The above recitals are incorporated herein by this reference, 2. Except as otherwise provided herein, the County will not release Offeror's EXHIBIT- CONFIDENTIAL/PROPRIETARY based on Offeror's representation that the records contained therein are proprietary and exempt from disclosure under the California Public Records Act and/or are trade secrets as that term is defined in Government Code Section 6250, et seq. Notwithstanding the foregoing, however, the County may release Offeror's EXHIBIT-CONFIDENTIAL/PROPRIETARY in the event of any of the following: a. Offeror fails to comply with the terms and conditions of this Agreement; or b. Offeror provides the County with written notice that some or all of the records may be released; or c, A court of competent jurisdiction orders the County to release the records and the County has exhausted or waived its appeal rights, 3. To the fullest extent allowed by law, the County shall not be Liable for, and Offeror shall defend and indemnify County and its Board of Supervisors, officers, directors, employees and agents of County (collectively "County Parties"), against any and all claims, 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 (whether incurred by County attorneys or attorneys employed by County) and court costs (hereinafter collectively referred to as "Claims"), related to Offeror's EXHIBIT-CONFIDENTIAL/PROPRIETARY. 4. Offeror waives any and all claims in law or equity and hereby releases the County Parties from any and all claims, deductibles, self -insured retentions, 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, which arise out o for are in any way connected to Offeror's EXHIBIT- CONFIDENTIAL/PROPRIETARY. TO BE COMPLETED fED BY AN AUTHORIZED REPRESENTATIVE OF THE OFFEROR Offeror Company/Organization Name: C-1! Q Lint y1eri Qfai OP a 3d► tzn 64144li,.e4e Authorized Representative Name: i4 t'4, 4lirs Authorized Representative Title: � F it- A.t-)AC$fflZ , Signature: "` ' I41 MA ?,-, Date: Page 27 of 7rD 68 of 199 EXHIBIT A-1 RFE110281 CHULA VISTA FORT) StUBMISSION AND AO ENDUMS. REQUEST FOR RID 10281 COUNTY OF SAN DIEGO DEPARTMENT OF GENERA[. SERVICES FORD POLICE INTERCEPTOR UTILITY VEHICLES SECTION A PRICING SCHEDULE Line No. Description Estimated Quantity Unit of Measure Unit Price Extended Price RASE VEHICLE 1 2020 or Newer Ford Police Interceptor Utility Vehicle All -Wheel Drive 3.0L V6 Eco800st {Oriont Code ' (K8A)(99C) - Specification 2.1. and 2.1.2.1 39 EACH $ B-3r (¢'ba"- 1 '31 i 12. to / la Powertrain Warranty (5 year/100,000 miles) °,aTO 39 EACH $ $`rD 5'i0 2 2020 or Newer Ford Police Interceptor Utility Vehicle All -Wheel Drive 3.3L V6 Direct Injection Hybrid Engine (Option Code (K8A)(99W) - Specification 2.1. and 2.1.2,2 10 EACH $ .1 I q Z'ql �' " 2a Powerirain Warran 5 vear/100.000 miles), ''C'D 10 EACH $ `T O S r p. 3 Blind Spot Monitoring with Cross -Traffic Alert (Option Code = 5513/54Z) - Specification 2.2,1. 49 EACH $ a 1 t _ -- 4 Reverse Sensing (Option Code = 76R) - Specification 2.2.2. 49 EACH $':l;q - 1 �` r S Daytime Running Lamps (Option Code 942) - Specification 2.2.3. 49 EACH $ 4 2 " 2 i dS - 6 Rear View Camera (Option Code = 87R) - Specification 2.2,4. 49 EACH j I 7 Front Headlamp / Police Interceptor Housing Only (Option Code = 66A) - Specification 2.2.5. 49 EACH $ g `-i 1 " 14)) 2. CA 8 Tail Lamp / Police Interceptor Housing Only (Option Code =668)- Specification 2.2.6. 49 EACH $ %iPS- kg, $LiS w 9 Dome Lamp - Red/White in Cargo Area (Option Code = 17T) - Specification 2.2.7. 49 EACH $ 41 w .21 193 10 Pre -wiring for grille LED lights. siren and speaker (Option Code=60A)- Specification2.2.8. 1,0e.t,,.,,,. so ci,4 A 49 EACH $ +It.. 0&›A 1ae.1._vA t., A 11 Underbadv Deflector Plate (Option Code = 76D) - Specification 2.2.9. 49 EACH $ . 1, r, 1 S) 1-i. SS 12 Hidden Door -Lock Plunger w/Rear-door handles operable (Option Code = 52P) - Specification 2.2.10. 49 EACH $ / TC) 1, `j', Z 13 Spot Lamp LED Driver & Passenger (Option Code = 51 S) - Specification 2.2.11. 49 EACH *i'2.-- 2- 61 dg, ., 14 Keyed Alike - 1284x (Option Code 59B) - Specification 2.2.12. 49 EACH $ LI 7- f " .� 15 Ballistic Door Panel (Option Coder 90G) - Specification 2.2.13. 49 EACH S I-{) 5u-4 s , 7..2a) ''.(:) 9 - 16 Badge Delete (Option Code - 16D) - Specification 2.2.14. 49 EACH $ N/�- l7 Cloth Front Buckets / Cloth Rear (Color Code = FW)(96) - Specification 2.2.15. 49 EACH $ � � � 1) 18 Auxiliary Air Conditioning (Option Code = I7A) - Specification 2.2.16. 2 EACH $ ,. 7'S , j j r�6 J 19 Glass - Solar Tint 2nd Row Only (Option Code = 92R) - Specification 2.2.17. 49 EACH $ �0 • . ��� J Page 28 of 79 1 69 of 199 EXHIBIT A-1 f%FI3 10281 CHULA VISTA FORD SUBMISSION AND ADDENDUMS. REQUEST FOR BID 10281 COUNTY OF SAN DIEGO DEPARTMENT OE GENERAL SERVICES FORD POLICE INTERCEPTOR UTILITY VEHICLES SECTION A-- PRICINGSCHEDULE 20 Rear Center Seat Delete (Option Code - 85S) Specification 2,2,18, 49 EACH $ N ia— 4J a / 21 Five (5) year 100.000-mile Powertrain Care Warranty `5,f.1 49 EACH ,,-tr) S 22 WA A%.O (.� I.4 -t't) ..� P6�. `", °t EACH $ 5 i a l � `-i Additional Outfitting Enter estimated hours needed to complete projectsper Statement of Work/Specifications. $ --10 - � -1 0 27 Hourly Labor Rate to install additional packages and equipment (49 vehicles) C HOUR 28 Additional Aftermarket Paint- Specification 2.3.2. 47 EACH $ -1a- 3Zf c{ q 29 Patrol Outfitting (Parts) - Specification 3 45 EACH $ I ii $ i 4- , 5-2ol f6S.S - 30 Patrol Outfitting (Labor) - Specification 3 (45 i ,'1 D 41- 0a4s, ii, HOUR $ 10 - ' V62.,"3at> - LA67 31 K9 Outfitting (Parts) - Specification 4 2 EACH $ f,, 32 K9 Outfitting (Labor) - Specification 4 (2 vehicles) t °`�relay. so �a x HOUR $ ` 0 - .., ' 2. 33 Prisoner Transportation Outfitting (Paris) - Specification 5 2 EACH $ bhp Lf w , e> I p7 Opc� 34 Prisoner Transportation Outfitting (Labor) - Specification 5 (2 vehicles) 02 �� ��� HOUR $ 7 0 ,. 3, 4 44 e) - 35 Tire Fee 49 EACH $ 'y II' , Zi> 1-0 TOTAL - BASIS OF AWARD: 7,09,6;6n-72 below) ( j Offeror qualifies as a Preferred Vendor* (if checked, eotnplete information By selecting Yes and submitting a Preferred Vendor Adjusted Price, Offeror represents that it qual�fte� asa� �i 3 7� Preferred Vendor as described in Section 405 of the San Diego Code of Administrative Ordinances and Section 3.7 of the RFP instructions and Rules. To qualify as a Preferred Vendor, Offeror must be a Local Business that is also a Veteran Owned Business, Disabled Veteran Owned Business or Small Business. Offeror must document eligibility by satisfying both 1, and 2. below. Offeror must provide supporting documentation upon request of the County. 1. Local Business: Offeror maintains a headquarters or provides the same or similar services to those proposed from the following address(es) located within the geographic boundaries of San Diego County. o Headquarters Other location providing the same or similar services Address City -,State Zip AND 2. Offeror holds a current certification that qualifies it as a Veteran Owned Business, Disabled Veteran Owned Business or Small Business. Indicate certification(s) below. State of California Certifications: ID Small Business (SB) - Certificate # 0 Micro Business (MB) - Certificate # t=7 Small Business for the Purpose of Public Works (SB-PW) - Certificate # El Disabled Veteran Business Enterprise (DVBE) - Certificate U.S. Department of Veterans Affairs Certifications: El Veteran -Owned Small Business (VOSB)- Certificate # Page 29 of 79 } 70 of 199 1 EXHIBIT A•1 RFi3 10281 CHULA VISTA FORD SUBMISSION AND ADDENDUMS REQUEST FOR BID 10281 COUNTY OFSAN DIEGO DEPARTMENT OF GENERAL SERVICES FORD POLICE INTERCEPTOR UTILITY VEHICLES SECTION A — DESIGNATION OF SUBCONTRACTORS DESIGNATION OF SUBCONTRACTORS Set forth below is the full name and the location of the place of business of each Subcontractor whom the Bidder proposes to subcontract portions of the work. The Business Name, Address, and the Portion of the work that will be done by each subcontractor are required at the time of bid submittal. The remainder of the information shall be submitted by all bidders within two business days of bid opening by e-mail to the Procurement Contracting Officer listed as contact for this RFB. jut' Nrt SUCONTRACTORS..ARI .TO j}E,EMPLOYED SIN THE PROJECT,VITER TH 2 1�i1NEi'� PORTION OR WORK TO BE Item Description of Work % of total Business Name Address No. Contract 1 Vehicle Oulfilliue Services including: Lights, Siren, Console. PAM lions. and graphics 29"4 I ALM.a11forniu (American Emergency I'rudncts) 1 1 ! 1 1 1 3t)7.19 When (lands :Ise, Santee CA. 921)71. Vehicle Paint I v a 'c.> Of- a..1s I% 1 I V `'`A. 1 1 1 'ftct t1A t au •14-44,1..4 i)i 4TA L A �1 r9.ci 1 1 1 ! ! t r 1 1 1 1 ! 1 1 ! 1 1 1 Total % SUBCONTRACTED 311% Page 30 of 79 71 of 199 EXHIBIT A-1 RFS 10281 CHULA VISTA FORD SUBMISSION AND ADDENDUMS A. FRUCING YOUR BID L. Bid on each item separately. Prices should be stated per unit(s) specified herein. Bids that are materially unbalanced will be rejected as non -responsive. 2. All prices shall be F.O.B. destination. Bids other than F.O.B. destination shall be considered non- responsive and will be rejected. Prices shall include all freight charges. 3. Unless otherwise specified, prices bid herein should NOT include California sales/use tax or Federal excise tax. The County generally is required to pay California sales/use tax, and it should be shown as a separate item on invoices. The County is exempt from payment of Federal excise tax. It must NOT be included in invoices. 4. All prices and notations must be in ink or typewritten. No erasures permitted. Mistakes may be crossed out and corrected and must be initialed in ink by persons signing the bid. 5. Prompt payment discounts, although accepted, will not be considered in evaluation of bids to determine overall apparent low bidder. B. SUBMITTING YOUR BID 1. RFB NO. 11281 shall normally be made available on the County of San Diego's BuyNet site http://buvnet.sdcountv.ca.sov. Firms may request a hard copy from Purchasing and Contracting Clerical Section (858-505-6367). 2. Submit the following documents with your bid: • Completed PC 600; • Completed Representations and Certifications; • Completed Pricing Schedule; Each bid must be in a separate sealed envelope with bid number on the outside and must be delivered to the County Purchasing and Contracting Department, Front Desk (where it will be time stamped to indicate time of receipt), 5560 Overland Avenue, Suite 270, San Diego, CA 92123, no later than 11:00 A.M. on August 30, 2019. Bids will be publicly opened at that time. 3. CONFIDENTIAL/PROPRIETARY INFORMATION: If confidential/proprietary is contained within the submission: a. Offeror must provide a signed Nondisclosure Indemnification Agreement. b. 1t must be submitted in a separate file or document marked as EXHIBIT— CONFIDENTIAL/PROPRIETARY; and c. Responses to solicitation requirements that include the confidential/proprietary information, shall refer to the response contained within the EXHIBIT-CONFIDENTIAL/PROPRIETARY (for example: If submittal requirement #1 requires staff Social Security Numbers, the response to requirement #1 shall reflect "see response #1 contained within Exhibit- Confidential/Proprietary"). NOTE: As a Public Agency, the County of San Diego must adhere to the California Public Records Act, therefore pricing cannot be considered confidential/proprietary. 4. Failure to bid on authorized County form may be cause for rejection of bid. 5. Any bid received at the office designated in the solicitation after the exact time for receipt will be rejected as a late bid, will not be considered for award, and will be returned to the bidderunopened. 6. If you do not bid, please return the cover sheet and state reason for not bidding. 7. No oral interpretation shall be made to modify any provisions of any bid specifications. Requests for an interpretation shall be made in writing to the Contracting Officer no later than August 15, 2019 at 5:00 PM local time. 8. Any vendor who wishes to withdraw its bid must do so before County bid opening. if there are any questions or comments relative to technicalities of the bid, they must be submitted in writing to County Purchasing Director within 24 hours after bid opening. 9. Bids submitted in response to this Request for Bid must be in full conformance with the terms and conditions set forth herein. Furthermore, all specification requirements must be met unless the language of the Request for Bid states that alternate specifications/bids will be considered. ID. Written addenda to the RFB may be issued to provide clanfications or corrections. Addenda to this solicitation will be posted on the County of San Diego's BuyNet site http://buynet.sdcounty.ca.gov. It is the offeror's responsibility to check for addenda. The master copy of the solicitation posted to the website shall be considered the original. if a prospective offeror cannot download the solicitation or any document posted thereto, contact Contracts Clerical Support at 858-505-6367 and a hard copy will be mailed to you or you may pick it up at our office. 11. Samples of items, when required, must be furnished free of expense to the County, and if not destroyed by tests will, upon request, be returned at the bidder's expense. 12. All bids must show the firms legal name and be signed by an authorized officer or employee of that firm. Obligations assumed by such signature must be fulfilled. Page 31 of 79 72 of 199 EXHIBIT A-1 RFB 10281 CHULA VISTA FORD SUBMISSION AND ADDENDUMS C. FVALIIATION AND AWARD 1. Bids are subject to acceptance at any time within ninety (90) days after opening of same, unless otherwise stipulated by the County. 2. In determining the lowest bid, prompt payment discounts will not be considered. 3. Award(s) will be made by the County Purchasing and Contracting Department, as stated on the Pricing Schedule to the lowest responsive, responsible bidder(s) in order from lowest bid to highest, based on the total extended price. Unbalanced bidding will be cause for the entire bid to be rejected. The County reserves the right to waive a variation in specification if, in the opinion of the County, such variation does not matenally change the item or its performance within parameters acceptable to the County. 4. The County reserves the right to reject any or all bids and to accept or reject any item(s) thereon, or waive any informality in the bid. 5. In the event of a conflict between unit price bid and bidder's extended price, the unit price will prevail unless price is so obviously unreasonable as to indicate an error. In that event, the bid will be rejected as non -responsive for the reason of inability to determine the intended bid; provided, however, if theamount set forth as a unit price is ambiguous, unintelligible or uncertain for any cause, or is omitted, or in the case of unit basis items, is the same amount as the entry in the "total" column, then the amount set forth in the "total" column for the item shall prevail in accordance with the following: a. As to lump sum items, the amount set forth in the "total" column shall be the unit price. b. As to unit basis items, the amount set forth in the "total" column shall be divided by the estimated quantity for the item, and the price thus obtained shall be the unit price. 6. The County will conduct a pre -award survey of the apparent low bidder. This survey will be used to determine the bidders' capacity to perform under this contract. Items that may be considered include but are not limited to insurability, equipment, staffing, experience, and references. 7, Modifications, changes, or additions to the Bid Schedule may be considered an irregularity. Erasures or corrections in preparing the bids must be initialed by the person(s) signing the Bid. Alternate bids will not be considered unless called for. D. PR.QTEST PRQCEDURES 1. Any protest resulting from this procurement is to be processed as prescribed in Board of Supervisors' Policy A-97, Protest Procedures for Award of Contracts. All protests shall be in writing, be made prior to Award, and be made only by an offeror. Such protests shall clearly state the ground for the protest and the relief sought. Protests shall be filed with the County's contracting office identified in the solicitation package. 2. Whenever a contract is contemplated to be awarded to other than the low bidder in a formally advertised procurement, the low bidder shall be so notified five working days prior to award, in addition to the posting of the proposed award in a public place in the Office of the Contracting Office for the same period of time. Copies of Policy A-97 are available upon request from the Clerk of the Board, 1600 Pacific Highway, San Diego, CA 92101. 3. For purposes of clarification regarding Board of Supervisors Policy "A-97, Protest Procedures for Award of Contracts" the posting of the bid abstract is equivalent to the posting of the NOTICE OF INTENT("NOI"). E. TAX INFORMATION 1. In compliance with California Revenue and Taxation code section 1E662, if you are a non-resident of California (out-of-state invoices) who receives California source income, the County will pay California Use Tax directly to the State of California per permit no. SR FH 25-6323E4. Fifteen (15) business days prior to the first payment, new suppliers or suppliers with expired forms or forms with incorrect information, must submit new forms to the County (forms are available from the Franchise Tax Board website listed below). 2. Under certain circumstances you may be eligible for reduced or waived nonresident withholding. If you have already received a waiver or a reduced withholding response from the State of California and the response is still valid, submit the response to the County in lieu of the forms. Failure to submit the required forms will result in withholding of payments. Refer to the Franchise Tax Board websites (listed below) for tax forms and information on nonresident withholding, including waivers or reductions. The County will not give you any tax advice. It is recommended you speak with your tax adviser and/or the State ofCalifomia for guidance. Franchise Tax Board Websites: http://www.flb.ca.gov htto://www.ftb.ca.gov/individuals/WithholdinkDefinitions.shtml httn://www.ftb.ca.gov/individuals/wsc/Processini! Charms for 2010.shtml http://www.ilb.ca.gov/individuals/wsc/forms and pubiications.shtml http://www.ftb.ca.rtov/individuals/wsc/decision chart.shtml Page 32of79 73 of 199 EXHIBIT A-1 RFB 10261 CHULA VISTA FORD SUBMISSION AND ADDENDUMS Submit forms to the Auditor & Controller via fax at (858) 694-2060 or mail originals to: County of San Diego, 5530 Overland Avenue, Suite 410, San Diego, CA 92123. The P.O. Number or Contract Number (if available) and "California Revenue and Taxation Code Section 18662" must appear on fax cover sheet and/or the outside of the mailing envelope. Page 33of79 74 of 199 EXHIBIT A-1 RFB 10281 CHULA V{STA FORD SUBMISSION AND ADDENDUMS Statement of Work and Specifications 1. GENERAL 1.1. The purpose ofthis specification is to acquire a new/unused and the most current model year Ford Police Interceptor Utility Vehicles as per the following requirements. These vehicles shall be configured per the following specifications for various uses throughout San Diego County. Pricing to be for initial purchase of 49 and for additional through the end of the model year build as required by the County of San Diego. 1.2. All systems, components, parts, and materials provided by the vendor shall be new and unused, with full manufacturer's warranties in effect starting on the date of acceptance by the county. 1.3. To be considered, all bids must be made in accordance with the RFB terms and conditions, and specifications of this bid. X.Q. The hardware manufacturer and part numbers specified herein shall not be substituted without prior approval from the County of San Diego, Where a brand name has been specified, if Bidder believes an "or equal" is equivalent to the brand name shown, Bidder may substitute the "or equal" provided the "or equal" is specified by name & model number, and provides the dimension & or capacities. Submitted equivalencies will be evaluated based on their comparison to the specified brand name and part number indicated, in regard to the following: Design, Function, Performance, Quality, Availability, Warranty, and Installation Requirements. Bidders requesting use of "County approved equivalent" products should submit specifications to County of San Diego Purchasing and Contracting no less than 17J business days prior to bid opening for approval. 1.5. In the event the published literature furnished by the Bidder is at variance with the requirements of any item of this specification, the Bidder shall explain in detail, the reasons why the proposed equipment will meet this specification and not be considered an exception thereto. l .6. All pricing offered will be firm fixed through the end of factory production final build -out date for the awarded model year production. 2. BASE VEHICLE FORD UTILITY POLICE INTERCEPTOR 2.1. Vehicle Snapshot -- Pricing Sheet Line #1 - #2 2.1.1 Model: Utility Police lnterceptorAWD (KSA) 2.1.2 Engine/Transmission: 2.1.2.1 Quantity 30 3.0L V6 EcoBoost (99C) 2,1.2.1.1 Transmission 10-Speed Automatic Transmission (44U) 2.1,2,2 Quantity 10 3,3L V6 Direct -Injection Hybrid Engine System (99W) 2.1.2,2.1 Transmission 10-Speed Automatic Transmission (4413) 2,1.3 Interior Equipment Group: 500A 2.1.4 Interior color: Cloth Front Buckets/Vinyl Rear 2,2. Factory Vehicle Options — Pricing Sheet Lines # 3 - #26 *Each option priced separately* 2.2,1, Blind Spot Monitoring with Cross -Traffic Alert (Option Code = 55B) 2.2.2. Reverse Sensing (Option Code = 76R) 2.2.3. Daytime Running Lamps (Option Code = 942) 2.2.4. Rear View Camera (Option Code — 87 R) 2.2.5. Front Headlamp/Police Interceptor Housing Only (Option Code .= 66A) 2.2.6. Tail Lamp / Police Interceptor Housing Only (Option Code = 6613) 2.2.7. Dome Lamp -- Red/White in Cargo Area (Option Code = 17T) 2.2.8. Pre -wiring for grille LED lights, siren and speaker (Option Code = 60A) 2,2,9. Underbody Deflector Plate (Option Code = 76D) 2.2,10. Hidden Door -Lock Plunger w/Rear-door handles operable (Option Code - 52P) 2.2.11. Spot Lamp LED Driver & Passenger (Option Code =51 S) 2.2.12. Keyed Alike — 1284x (Option Code =59B) 2.2.13. Ballistic Door Panel (Option Code = 90G) 2.2,14, Badge Delete (Option Code = 16D) 2.2.15. Cloth Front Buckets / Cloth Rear (Color Code = FW) (96) 2,2.16. Auxiliary Air Conditioning (Option Code = 17A) 2.2.17. Glass -- Solar Tint 2nd Row Only (Option Code = 92R) 2,2.18. Rear Center Seat Delete (Option Code = 85S) 2.3. Exterior Paint Page 34 of 79 } 75 of 199 EXHIBIT A-1 RFB 10281 CHULA VISTA FORD SUBMISSION AND ADDENDUMS 2.3.1. Standard Paint Colors to be determined by County of San Diego Contracting Officer Representative at time of purchase order receipt. 2.3.2, Pricing Sheet Line #B - Additional Aftermarket Paint: The Successful bidder will be responsible for the performance or facilitation of the following: 2.3,1, 1. Preparation and Re -Paint of Passenger & Driver's Front Doors & Roof to Color Code (YZ) Ford Oxford White. 2.3,1,2. Paint to be factory equivalent in quality and warranty (Vinyl wrap not acceptable) 2,3.1.3. Successful bidders utilizing a sub -contractor for this item will need to submit the proposed sub- contractor's business name, address, and qualifications possessed to complete factory quality level painting services. 2.3.1.4. Primary Suh-Contractor: 2.4. Wireless Automated Fueling System — WAF 2.4.1. Installation of a commercially available wireless automated fueling system such as ASSETWORKS Fuel Focus (Or Approved Equivalent in Function & Compatibility) 2.4.2, System must be installed into vehicle according to manufacturer's specifications. 2.4.3. System shall be comprised of three components, a Vehicle Identification Box (VIB), Data Link Connector (DLC) adapter harness and fuel inlet antenna. 2,4.4. Vehicle Identification Box (VIB) must be the latest available model for purchase and compatibility for the year, make and model of vehicle being outfitted, 2.4.5. Data Link Connector (DLC) harness must be compatible with VIB box capabilities and compatible with year, make and model of vehicle being outfitted. 2.4.6. Fuel Inlet Antenna must be the appropriate part for the year make and model of vehicle being outfitted, Antenna must be securely adhered to the filler neck in a way that does not inhibit proper seat between fuel station filling nozzles and the vehicles' fuel inlet port. Adhesives used shall be fuel resistant to ensure proper adhesion during normal vehicle operation. 2.4.7. Electrical wires providing power, ground and communication shall be conjoined with solder and sealed using weather resistant heat shrink tubing as per manufacturer's specifications. Electrical power feed to power module during regular vehicle operation shall use; ignition/run start switched power that ensures module power is provided sufficiently for proper system operation. 2.4.8. Wiring between VIB and fuel tank nozzle ring shall be no less than 18 AWG, 3-Conductor, Shielded, with stranded bare copper conductor such as (Coleman Cable Part # 952184609) or equivalent. 2.4.9. Initial system installation shall be inspected by county personnel prior to first vehicle's delivery, to ensure proper installation and function of system. Systems that are installed outside of manufacturer's specifications, or use wiring that is below standard, shall be refused and payment on submitted invoices will be withheld until the issue is resolved. 2.4.10. The battery draw of complete vehicle after outfitting to be less than 50ma. 3. FORD UTILITY PATROI. OUTFITTING - **PRICING SHEET LINES C & D** The purpose of this specification is to outfit approximately 45 current model year Ford Utility Vehicle Interceptors 35 Interceptors with 3.OL EcoBoost engine and 10 Interceptors with 3.3L Direct Injection Hybrid engine with the following PATROL requirements. Bidders must provide a detailed quote including manufacturer part numbers and a note identifying each part when offering "County approved equivalent". Bidders requesting use of "County approved equivalent" products should submit specifications to County of San Diego Purchasing and Contracting no less than 171 business days prior to bid opening for approval. Pricing to be for initial outfitting of45 vehicles. All pricing offered will be firm fixed for the duration of one (1) year from contract award date. All systems, components, parts and materials provided by the vendor shall be new and unused, with full manufacturer's warranties in effect starting on the date of acceptance by the county. Page 35 of 79 76 of 199 EXHIBIT A-1 RFB 10281 CHULA VISTA FORD SUBMISSION AND ADDENDUMS 3.1 Emergency lights and Siren 3.1.1 Lightbar: (1) SoundOff Signal 54 or San Diego County approved equivalent LED multi -color lightbar, 54" in length, graphite color top covers and pursuit rated (2-bolt) mounting kit for 2020 Ford Utility. See lightbar build sheet for complete configuration specifications. The lightbar shall be installed on the vehicle's roof centered between the front and rear door jambs. The lightbar shall communicate with the siren controller via data connection through a cat5 cable. The comer modules on the driver side of the lightbar shall be deactivated when the driver's door is ajar to preserve the deputy's night vision when exiting and entering the vehicle, (See Attachment 1 for current example) 3.1.2 Siren Controller: (1) SoundOff Signal ETSA482RSP or San Diego County approved equivalent, nErgy 400 series remote siren and lighting controller. True dual tone 200-watt amplifier capable of producing two independent tones simultaneously. The siren amplifier and relay module shall be installed on the rear electronics tray. The siren control head shall be mounted on the vehicle's headliner so as not to obstruct drivers view of the rear-view mirror, and feature the following controls; 3.1.2.1 Aux switch 1: Left -Right -Center directional light control 3.1.2.2 Aux switch 2: LeR alley light 3.1.2.3 Aux switch 3: Take Down Lights 3.1,2.4 Aux switch 4: Right alley light 3.1.2.5 Aux switch 5: Scene light 3.1.2.6 Aux switch 6: not used 3.1,2.7 Aux switch 7: Right spot 3.1.2.8 Aux switch E: Gun release (8-second security timer function) 3.1.2.9 Standby: Places sirens in standby mode 3.1.2.10 Wail: activates dual tone Wail 3.1.2.11 Yelp: Activates dual tone Yelp 3.1.2.12 Tone: Activate Wail and Yelp 3.1.2.13 Horn: Activates Air Horn 3.1.2.14 Manual: Activates Manual siren tone 3.1.2.15 Radio Re -Broadcast: Broadcasts 2-way radio audio on PA system 3.1.2,16 Slide Switch #1: Rear lightbar, and lightbar steady red/blue LED's 3.1.2.17 Slide Switch #2: Taillight flasher, blue LED's in reverse lights, under spoiler LED's, Lift gate open LED's (only when lift gate is open) and the front of the lightbar with red/blue pattern 3.1.2.1E Slide Switch #3 Park: Grill mounted LED's and under mirror LED's 3.1.2.19 Slide Switch #3 Drive: Front headlight LEDs, headlight flasher and add white flashing LED's on lightbar. The siren will default to "Tone" and activate wail / yelp when placed in level 3 and in drive gear. 3.1.2.20 Morn ring transfer via the OEM steering wheel horn switch 3.1.2.21 The PA microphone shall be mounted on a mic clip located on the center equipment console, The PA mic will be connected to the overhead siren control panel via extension cable, (1) SoundOff Signal PSRN4MCEXT or San Diego County approved equivalent. 3.1.3 Siren Speakers: (2) SoundOff Signal ETSSIOON or San Diego County approved equivalent, 100-watt siren speakers shall be installed in the vehicle lower grill opening with the use of(2) SoundOff Signal brackets ETSS100CBKFS-B or San Diego County approved equivalent. The speakers shall be connected directly to the siren amplifier. 3.1.4 Grill LED's: (1) Red SoundOffSignal EMPS2STS3R and (1) Blue SoundofTSignal EMPS2STS3B or San Diego County approved equivalent. The LED warning lights shall be installed in the grill opening with use of (1) SoundOff Signal PMP2BKDGA.1 or San Diego County approved equivalent 90 degree mounting brackets, Each warning light will have 8-LED's. The red LED light will mount on the driver side and the blue LED will mount on the passenger side. The LED's will be connected to slide switch position #3 and flash in sync with each other. 3.1.5 Under Spoiler LED's: (1) Red/Amber LED, SoundOff Signal ENFSSS3K and (1) Blue/Amber LED, SoundOff Signal ENFSSS3M or San Diego County approved equivalent. LED warning lights shall be installed under the rear spoiler with use of (1) SoundOff Signal PMP2RS202 or San Diego County approved equivalent mounting brackets. Each warning light will have 12-LED's. The Red/Amber LED light will mount on the driver side and Pa9s 36 of 79 77 of 199 EXHIBIT A-1 RIB 10281 CHULA VISTA FORD SUBMISSION AND ADDENDUMS the blue/amber LED will mount on the passenger side. The LED's will be connected to slide switch position #2 and flash in sync with each other. 3.1.6 Exterior Under -Mirror LED's: (l) Red SoundOff Signal ENT2B3R, and (1) Blue LED, SoundOff Signal ENT2B3B or San Diego County approved equivalent. lntersector LED warning lights shall be installed under the vehicle's exterior mirrors with the use of mounting brackets (1) SoundOff Signal PMP2BKUMB3-D for the driver side and (1) PMP2BKUMB3-P or San Diego County equivalent for the passenger side to provide side waming signal. Each warning light will have 9-LED's. The red LED light will mount on the driver side and the blue LED will mount on the passenger side. The LED's will be connected to slide switch position #3 and flash in sync with each other. 3.1.7 Headlight Mounted LED's: (1) Red/white SoundOff Signal ELUC3I4010D and (l) Blue/white SoundOff Signal ELUC31-1010E or San Diego County approved equivalent, 6-LED warning lights shall be installed in the vehicles headlight housings with the Ford option 66A (Front Headlamp/Police Interceptor Housing Only). Each warning light will have 6-LED's. The red/white LED light will mount on the driver side and the blue/white LED will mount on the passenger side. The LED's will be connected to slide switch position #3 in drive and flash in sync with each other. 3.I,E Tail Light Mounted LED's: (2) Blue, SoundOffSignal ELUC3HOI11B or San Diego County approved equivalent universal undercover LED insert warning lights shall be installed in the vehicles tail light housings with the Ford option 66B (Tail Lamp / Pollee Interceptor Housing Only), The warning lights will be installed with (2) SoundOff Signal PLUCTCLI or San Diego County approved equivalent twist -lock adapters. The blue LED's will be placed in the clear reverse lens of the taillight. Each warning light will have 6-LED's. The LED's will he connected to slide switch position #2 and flash in sync with each other. 3.1.9 Lift Gate Open Mounted LED's: (2) red/blue, SoundOff Signal EMPS1 SLS3.1 or San Diego County approved equivalent, real/blue recessed mount LED warning lights shall be installed in the interior trim panel of the rear lift gate. The LED's shall be visible when the lift gate is open. The LED's will be connected to slide switch position #2 and only activated when the lift gate is open. The lights shall flash in sync with each other. 3.1.10 Headlight Flasher: (l) SoundOff Signal or San Diego County approved equivalent, solid state headlight flasher shall be installed on the vehicle's high beam headlights. The flasher will be connected to slide switch position #3 and only active when the vehicle in in a "drive" gear. 3.1.11 Taillight Flasher: (1) SoundOff Signal ETTFFUT-16 or San Diego County approved equivalent, solid state taillight flasher shall be installed on the vehicle's (2) lower brake lights. The flasher will be connected to slide switch position #2 anal the OEM brake light functions shall override any warning functions. 3.2 Center Equipment Console and Computer Mount 3.2.1 Tablet Mounting Solution: The successful vendor shall install the following components to support a Dell Tablet and Dock. The mounting solution shall be installed in preparation for the County's final installation of the monitor. The monitor mount shall provide sufficient side -to -side swivel adjustments to be viewable by passenger and driver seated locations, All dash panel cuts shall be performed in a clean and workmanlike manner to include only minimal modifications to factory trim pieces 3.2.1.1 (1) Havis C-DMM-3015-or San Diego County approved equivalent, Swing Up Device Mount for 2020 Ford Interceptor Utility Vehicle. 3.2. 1.2 (1) Havis DS-De11-612-2 or County approved equivalent, Docking Station with Dual Pass -through Antenna for Dell's Latitude 12 Rugged Tablet with Power Supply. 3.2.2 Keyboard Mounting Solution: The successful vendor shall install the following components to support a Havis Keyboard mounting solution. The mounting solution shall be installed in preparation for the County's final installation of the keyboard. 3.2.2.1 Mavis CM006331 or San Diego County approved equivalent, Side mounted articulated swing arm assembly to be installed on right rail of console and support keyboard 3.2.2.2 Havis C-MD-204 or San Diego County approved equivalent, Tilt / Swivel Motion Device 3.2.2.3 Havis C-KBM-202-or San Diego County approved equivalent, Keyboard Mounting Plate for Motorola, page 37 of 79 78 of 199 EXHIBIT A•1 RFB 10281 CHULA VISTA FORD SUBMISSION AND ADDENDIJMSS 3.2.3 Center Equipment Console: (1) Havis C-VS-1012-1NUT or San Diego County approved equivalent shall be installed between the front seats to support the installation of the radio control head and other related components. The console will support a total of 22" ofequipment faceplate mounting. I0" will be at an angle with the remaining 12" in a level horizontal section. The console will install form fitting to the vehicle's dash panel. The console will include (2) DC power ports between the angled and level faceplate sections. The OEM USB and 3.5mtn audio ports will be relocated to the passenger side of the console. The console package will include the following equipment mounting brackets, filler panels and console accessories: 3.2.3.1 Havis C-LP2-PS2 or San Diego County approved equivalent, 2" Console faceplate with (2) DC power ports and (2) rocker switch cut-outs installed in the 41 (top) position of the console. The rocker switch cutouts will be used for "black -out" and prisoner / K9 dome light. 3.2.3.2 Havis C-EB 15-HLN-1 P or San Diego County approved equivalent, Equipment mounting bracket for Motorola DEK, 1.5", installed in the #2 position of the console 3.2.3.3 Havis C-EB25-XTL- I P or San Diego County approved equivalent, Equipment mounting bracket for Motorola XTL/APX -05 remote head radio, 2.5", installed in the #3 position of the console 3.2.3.4 Havis C-FP-2 or San Diego County approved equivalent, 2" Console blank filler panel installed in the #4 position of the console. 3.2.3.5 Havis C-AP-0325 or San Diego County approved equivalent, 3" Console accessory pocket installed in the #5 Position of the console. 3.2,3,6 Havis C-FP-05 or San Diego County approved equivalent, 1/2" Console blank filler panel installed in the #6 position of the console. 3.2,3.7 Havis C-CUP2-1 or San Diego County approved equivalent, Dual internal beverage holder, approximately 4", installed in the 47 position of the console. 3.2.3.8 Havis C-MCB or San Diego County approved equivalent, Microphone mounting brackets installed on the right track rail of the console for the mounting of the radio and PA microphones 3.2.3.9 Magnetic Mic MMSU-1 or San Diego County approved equivalent, magnetic microphone mounts installed on the mounting brackets. The magnetic mounts will be used for the radio and PA microphone. (1) Adapter shall be installed on the PA mic and the (1) adapter with set screw for the radio uric shall be placed in a sealed bag and placed in the beverage holder. 3.2.3.10 Littlite L-5/12-LED or San Diego County approved equivalent, Red/White LED map light with 12" flexible neck shall be installed on the right side of the equipment console, The map light shall be wired to the fuse panel timed circuit. 3.3 Radio Communications 3.3.1 The successful vendor shall provide all required pre -cabling of radio antennas, control cables and power cables to support the final installation of the radio equipment by the County. The specifications listed below are minimum requirements and are subject to approval by Sheriff Wireless and Data Services, before the construction and delivery of the first vehicle. All cable lengths at the front center equipment console and the rear electronics tray must be sufficient to allow proper placement of components by the County. 3.3.2 E00MHz Radio Antenna: (1) Larsen NMOK I-IFUDMPL or San Diego County approved equivalent, antenna NMO mount/cable shall be installed on the roof centered left -to -right and 23" from the rear roof's edge. The antenna coaxial cabled is to be routed to the equipment mounting tray in the rear of the vehicle and labeled "Radio Antenna". (1) Larsen NMO3E800B or San Diego County approved equivalent, E06-E66MHz antenna mast shall be installed on the NMO. 3.3.3 Radio Control Head Cable: (I) Motorola HKN6169B or San Diego County approved equivalent, radio control head cable shall be routed from the front center equipment console to the rear equipment mounting tray. 3.3,4 Radio Control Head Pre -Wire: Pre -wire for the radio control head (Motorola XTL or APX -05 remote head) located in the center console must include the following circuits. A label must be affixed to the radio control head wire bundle to clearly identify the circuits. 3.3.4.1 16awg Red/Black wire printed "Radio Head" to provide constant 12V from the rear fuse panel circuit #2 3.3,4.2 16awg yellow wire printed "Radio 2" to provide ignition from an ignition sense wire. Could be the same used for the gun lock ignition wire. 3,3,4.3 16awg black wire printed "ground" to provide ground sourced from a factory ground location. 3.3.4.4 18/2 speaker wire for connection to the radio's audio output to allow the siren to perform the radio re- broadcast (RRB) feature. Page 38 of 79 79 of 199 EXHIBIT A-1 IiFi3 10281 CHULA VISTA FORD SUBMISSION AND ADDENDUMS 3.3,5 Radio Transceiver Pre -Wire: Pre -wire for the radio transceiver (Motorola XTL or APX -05 remote head) located on the rear equipment tray must include the following circuits. A label must be affixed to the radio transceiver wire bundle to clearly identify the circuits. 3.4 Data Communications 3.4.1 The successful vendor shall provide all required pre -cabling of data antennas, computer control cables and power cables to support the final installation of the computer equipment by the County. The specifications listed below are minimum requirements and are subject to approval by Sheriff Wireless and Data Services, before the construction and delivery of the first vehicle. All cable lengths at the front center equipment console and the rear electronics tray must be sufficient to allow proper placement of components by the County. 3.4,2 LTE Antenna: (1) Larsen NMOKFIFUDTNC or San Diego County approved equivalent, high frequency antenna NMO mount/cable shall he installed. The antenna coaxial cabled is to be routed to the Dell Tablet Dock in front dash of the vehicle and labeled "Laird TRA6927M3NBN-001". 3.5 Electrical System 3.5,1 General Electrical System Requirements: All wiring must remain consistent across al! Utility vehicle and configurations. The successful vendor must comply with the following specifications and requirements: 3.5.1.1 All wiring must be contained as part of a complete vehicle harness. 3.5.1.2 Wires and cables must be routed consistently in each vehicle. 3.5,1.3 Vendor to supply "as -built" vehicle documentation to include but not limited to: 3,5,1.3.1 Circuit identification 3.5. 1.3.2 Wire routing diagrams 3.5.1.3.3 Connection diagrams for all components including siren amplifiers, relays and fuse panels 3.5.1.3.4Complete documentation of all factory wire interfaces (park kill, horn, door ajar, etc.) 3.5.1.3.5 Complete documentation of all OEM fuses that have an effect of the outfitting package 3.5.1.4 All fuses, relays and spare wires must be clearly labeled as to their function. 3.5.1.5 All wire runs are to be "home runs" with no unnecessary connections in the circuits 3.5,1,6 All wiring shall be cross -linked polyolefin and meet or exceed the following specifications for resistance to heat and abrasion: 3.5.1.6.1 Chrysler specifications MS 5919 3.5.1.6.2Ford specifications M1L85-A 3.5,1.6.3 MIL -Specifications MIL-7928 3.5.1.6,4 Packard specifications M-2023 3,5.1.6.5 SAE Specifications 7928 3.5.1.6.6SAE Specifications J 1128 3.5.1.7 All wiring shall include labeled / printed wire as to identify the circuit and/or component 3.5,1.8 There shall be (4) spare circuits routed from the console to the under hood. Wires shall be capped and labeled. 3.5.1.9 There shall be (4) spare circuits routed from the console to the rear electronics tray. Wires shall be capped and labeled. 3.5.2 Warning System Fuse Panel: For the following item only, Bidder may submit specifications with bid for County Evaluation. Bidder shall provide and install a warning system fuse panel that shall house fuses for all aftemiarket components other than the radio and computer and shall be sourced from the fuse panel and power distribution center, The fuse panel must comply with the following: 3.5.2.1 The fuse panel will be installed in the rear interior trim panel storage pocket on the passenger side. 3,5.2.2 The fuse panel will include a vehicle specific mounting system to insure consistent placement on vehicle. 3,5,2.3 The panel will support (21) ATO fuses and (4) MAXI fuses 3.5.2.4 A solid-state timer will be installed on the panel and set to 30-minute time delay 3,5.2.5 The delay timer will control a Mil -Spec 300-Amp relay to distribute "timed" power to high current circuits 3.5.2,6 All wire crimp connections at the fuse panel must meet MEL-SPEC standards for pull -test. 3,5,2,7 Fuse Panel housing shall be constructed of metal and wiring shall meet SAE JOl 128 and MIL _. 858 standards, 3.5.2,8 Fuse Panel and wiring shall have a warranty no less than 5 years. Page 39 at 79 80 of 199 EXHIBIT A-1 FIFS 10281 CHULA VISTA FORD SUBMISSION AND ADDENDUM$ 3,5.3 The fuse panel will include a labeled fuse cover to identify the following circuits: 3.5.3.1 Fuse #I, Constant, 15-Amp, Headlight Flasher 3.5.3.2 Fuse #2, Constant, 10A Control Head constant power to the front center equipment console. 3.5.3.3 Fuse #3, Constant, Console Spare (CIR 3) 3.5.3.4 Fuse #4, Constant, 10-Amp, Rear Gun Lock (K9) 3.5.3.5 Fuse #5, Constant, Console Spare (C1R 5) 3,5,3,6 Fuse #6, Constant, 5-Amp, Timer 3.5.3.7 Fuse #7, Constant, 20-Amp, Tail Light Flasher 3,5.3,8 Fuse 48, Timed, 5-Amp, Black Out Switch / Relays 3,5.3,9 Fuse #9, Timed, 30-Amp, Lightbar 3.5.3.10 Fuse 410, Timed, 5-Amp, Lightbar BOB 3.5.3.11 Fuse # 11, Timed, 15A Dell Dock Lind power supply in the front center equipment console 3.5.3.12 Fuse # 12, Timed, 5-Amp, Rear Dome Light 3.5.3.13 Fuse #13, Timed, 3-Amp, Asset Works V1B 3.5.3.14 Fuse #14, Timed, 5-Amp, Prisoner/K9 Dome Light 3.5,3.15 Fuse #15, (Maxi) Constant, 40-Amp, K9 Electronics 3.5.3,16 Fuse #16, (Maxi) Constant, 20A for radio TR pack in rear equipment tray 3.5.3.17 Fuse #17, (Maxi) Timed, 50-Amp Siren (Lighting Relay Input) 3.5.3.18 Fuse # 18, (Maxi) Timed, Open 3.5.3.19 Fuse # 19, Timed, Rear Spare 3.5,3,20 Fuse 420, Timed, Rear Spare 3.5.3.21 Fuse #21, Timed, 5-Amp, Radio Control Head 3.5.3.22 Fuse #22, Timed, 20-Amp, Siren Amp 3.5.3.23 Fuse #23, Timed, 15-Amp, Power Outlets 3.5.3.24 Fuse #24, Timed, 5-Amp, Map Light 3.5,3.25 Fuse #25, Timed, Console Spare (flashlight) 3.5.3.26 Fuse #28, 15-Amp, Radio 3.5.3,27 Fuse #29, 10-Amp, Radio Control Head 3.5.3.28 Fuse #32, Open 3.5.4 Brake Light "Black -Out" System: The successful vendor will be required to install a brake light black out system to temporarily defeat the vehicle's brake and reverse Tight functions for tactical advantages. The County understands that this system is not recommended by Ford or Federal Motor Vehicle Safety Standards and accepts responsibility for the operation of the system. The system shall include a console (1) K4 SW -BRAKE or San Diego County approved equivalent mounted rocker switch to activate N.O. / N.C. relays installed to interrupt the power to the brake and reverse lamps. The OEM circuit shall utilize the N.C. (normally closed) contacts on the relay so that the brake Iight defeat will default to normal operation. The console mounted switch shall be a Carling Contoura style with a laser etched marking and legend. The switch will be momentary and must remain manually depressed for the brake lights to be in "black -out" mode. 3.5.5 Lift Gate Mounted Dome Light: (1) SoundOff Signal ECVDMLTST4G or San Diego County approved equivalent red/white LED dome Tight will be installed on the rear lift gate interior trim panel. The light will source power from the fuse panel and only be enabled when the lift gate is open. 3.5.6 Electronics Mounting Tray: (1) Havis C-TTP-INIJT-2 or San Diego County approved equivalent equipment tray will install in the rear of the vehicle above the spare tire and below the removable cargo floor. The electronics tray will hinge up to provide access to the spare tire (spare tire must remain in vehicle). The 25" W x 30" L mounting surface will provide a mounting location for the following components. Placement of all components must be approved by the County prior to vehicle construction. 3.5.6.1 Siren 3.5.6.2 RJ-45 splitter (lightbar and control panel) 3,5.6.3 Lightbar Break -Out -Box (BOB) 3.5.6.4 Relays (Lev 3 Park Kill, Lift Gate Open, Lift Gate Dome) 3.5.6.5 Motorola XTL / APX Radio transceiver 3.5,6.6 Motorola MW-810 CPU 3.5.6.7 Motorola HPD1000 3.5.6.8 Antenna duplexer Page 40 of 79 81 of 199 EXHIBIT A-1 RFB 10281 CHULA VISTA FORD SUBMISSION AND ADDENDUMS 3.6 Prisoner Transportation System 3.6.1 Front Partition: (1) Setina PK 11861T1121-TM or San Diego County approved equivalent, # 10XL front prisoner partition with center recess panel and lower extension panels, The partition will have a coated polyearbonate horizontal sliding window with a slotted polycarbonate window guard. The partition will include "XL" Extra leg room and "TM" Tall man installation kit. The side polycarbonate filler panels shall be rigid with break -away fasteners for air bag compliance, 3,6,2 Rear Partition and Transportation Seat: (1) rear cargo partition Setina 12-VS and (1) transportation seat SetinaQK05661TU20 or San Diego County approved equivalent, Full replacement prisoner transportation seat with center pull seat belts and # 12 rear partition with coated polycarbonate window. The seat shall be constructed of heavy duty, moisture and pathogen resistant TPO polymer. The center pull seat belt system must be Federal Motor Vehicle Safety Standard (FMVSS) 207/210 compliant. 3.6.3 Window Barriers: (l) Setina WK05I411I120H or San Diego County approved equivalent window barriers shall be installed on the rear driver and passenger doors. The window barriers shall be constructed of steel and feature horizontal bars for increased rear and side visibility to the driver 3.6.4 Door Panels: (1) Setina DK01001TU20 or San Diego County approved equivalent door panels shall be installed on the rear driver and passenger doors. The panels shall be constructed of heavy duty, moisture and pathogen resistant TPO polymer. The panels will install over the OEM door panels and block access to the door handle and window switch. 3,6.5 Prisoner Transportation Dome Lights: (2) SoundOff Signal ECVDMLTST4G or San Diego County approved equivalent, LED dome lights will be installed on the headliner in the prisoner compartment to provide illumination for contraband inspections and other nighttime operations. The dome lights will be controlled by (1) K4 SW-DOME2 or San Diego County approved equivalent, console mounted Carling Con toura style rocker switch with a laser etched marking and legend. 3.7 Cargo Protection 3.7.I Cargo Guard: (1) UV -CARGO -GUARD -SET or San Diego County approved equivalent shall be installed in the rear of the vehicle to provide a secure storage solution. 'The cargo guard will create a "trunk" in the utility vehicle to protect equipment from theft from a broken window, The cargo guard must comply with the following: 3.7.1.1 The cargo guard will create a shelf platform under the window beltline and extend from the rear partition to the rear lift gate and from side to side, 3.7.1.1.1 The guard must fit the contours of the vehicle interior panels with no gaps. 3.7.1.1.2 The rear edge of the guard at the lift gate, will feature a hinged door that will flip up to provide easier access to cargo stored under the guard. 3.7,1.1,3 The hinged door will have slam latches that are only accessible from under the guard's platform requiring that the rear lift gate is open to gain access to the latches. 3.7.1.1,4The guard will be constructed of heavy gauge steel and be finished with a textured powder coat finish. 3.7.1.1.5The guard must securely install in the vehicle using only factory bolt locations. 3.7. I.1.6The County must approve the final design 3.8 Weapon Mounting System 3.8.1 Partition Mounted Weapon Rack: (1) Setina GK1031 Si UHKSSCAXL or San Diego County approved equivalent dual weapon rack shall be installed on the front partition. The rack will support the secure storage of' (I) Remington 870 shotgun with pistol grip stock and (1) AR-15 style rifle with adjustable butt stock. The rack must feature an extruded aluminum back bone to allow adjustments for both weapons. All exposed hardware must be security style such as pin -in hex. 'The gun locks will he electronically released via the siren control panel button #8 (security 8-sec. tinier) and feature a #6 key over -ride. The rifle gun lock will utilize a "barrel lock" to allow compatibility with various configurations. The rack must include additional storage security to the rifle by preventing access to the take down pins, magazine release and trigger. The guard must be compatible with a 30-round magazine. Both weapons will be installed in the rack with the trigger facing towards the partition. Page 41 of 79 82 of 199 EXHIBIT A-1 RFB 10281 CHULA VISTA FORD SUBMISSION AND ADDENDUMS 3.9 Graphics Package 3.9.1 The successful vendor will be required to produce and install a complete graphics package. The vendor shall supply the County Fleet Management with a list of vehicle identification numbers (VIN) on an excel spreadsheet, and the County will identify the correct county assigned unit number. 3.9.2 The graphics package must include the following:(See Attachment 2 for current example) 3.9.2.1 (2) Sheriff Stars to be installed on the front driver and passenger doors 3.9.2.1.1 Approximate size: 20" 3.9.2.1.2Material: 3M 1080 Series 3.9.2.1.3 Color: S120, Satin White Aluminum 3.9.2.1.4Laminate: 3M Envision 8548 Gloss 3.9.2.1.5 Expected Durability: 7-9 Years 3.9.2.2 (2) "SHERIFF" graphics to be installed on the front driver and passenger doors 3.9.2.2.lApproximate size: 2.25" x 23" 3.9.2.2.2Material: 3M 1080 Series 3.9.2.2.3Color: S 120, Satin White Aluminum 3.9.2.2.4Laminate: 3M Envision 8548 Gloss 3.9.2.2.5 Expected Durability: 7-9 Years 3.9.2.3 (1) "SHERIFF" graphics to be installed on the rear lift gate 3.9.2.3.1 Approximate size: 2.25" x 23" 3.9.2.3.2Material: 3M 1080 Series 3.9.2.3.3 Color: S 120, Satin White Aluminum 3.9.2.3.4Laminate: 3M Envision 8548 Gloss 3.9.2.3.5 Expected Durability: 7-9 Years 3.9.2.4 (2) "KEEPING THE PEACE SINCE 1850" graphics to be installed on the front driver and passenger fenders 3.9.2.4.1 Approximate size: 2" x 35" 3,9.2.4.2Material: 3M 1080 Series 3.9.2.4.3Color: S120, Satin White Aluminum 3.9.2.4.4Laminate: 3M Envision 8548 Gloss 3.9.2.4.5 Expected Durability: 7-9 Years 3.9.2.5 (1) 5-Digit vehicle number to be installed on the hood 3.9.2.5.1 Approximate size: 2" Tall 3.9.2.5.2Material: 3M 1080 Series 3.9.2.5.3 Color: S I20, Satin White Aluminum 3.9.2.5.4Laminate: 3M Envision 8548 Gloss 3.9.2.5.5 Expected Durability: 7-9 Years 3.9.2.6 (1) 5-Digit vehicle number to be installed on the rear lift gate 3.9.2.6.1 Approximate size: 2" Tall 3.9.2.6.2Material: 3M 1080 Series 3.9.2.6.3Color: S120, Satin White Aluminum 3.9.2.6.4Laminate: 3M Envision 8548 Gloss 3.9.2.6.5Expected Durability: 7-9 Years 3.9.2.7 (1) 3-Digit vehicle number to be installed on the roof 3.9.2.7.1 Approximate size: 20" Tall 3.9,2.7.2Material: 3M 1080 Series 3.9.2.7.3Color: G12 Gloss Black 3.9.2.7.4Laminate: 3M Envision 8548 Gloss 3.9.2.7.5 Expected Durability: 5 Years Page 42 of 79 83 of 199 EXHIBIT Al-RFB 10281 CHULA VISTA FORD SUBMISSION AND ADDENDUMS 3.9.2,8 (1) Underline to be installed under roof numbers 3.9.2,8. I Approximate size: 4" x 43" 3,9.2.8.2Material: 3M 1080 Series 3.9.2.8.3Color: GI2 Gloss Black 3,9,2,8.4Laminate: 3M Envision 8548 Gloss 3.9.2.8.5 Expected Durability: 5 Years 4. FORD UTILITY K9 OUTFITTING SPECIFICATIONS - **PRICING SHEET LINES E & F** The purpose of this specification is to outfit approximately two (2) current model year Ford Utility Vehicle Interceptors equipped with the 3.0L Ecoboost engine and auxiliary air conditioning (Option Code =17A) with the following K9 requirements. Bidders must provide a detailed quote including manufacturer part numbers and a note identifying each part when offering "County approved equivalent". Bidders requesting use of "County approved equivalent" products should submit specifications to County of San Diego Purchasing and Contracting no less than [7] business days prior to close of bid for approval, Pricing to be for initial outfitting of 2 vehicles. All pricing offered will be firm fixed for the duration of one (1) year from contract award date. All systems, components, parts and materials provided by the vendor shall be new and unused, with full manufacturer's warranties in effect starting on the date of acceptance by the county. 4,1 Emergency lights and Siren 4.1.1 Lightbar: (1) SoundOlfSignal ENFLB-54 or San Diego County approved equivalent, nForce LED multi -color Lightbar, 54" length, graphite color top covers and pursuit rated (2-bolt) mounting kit for 2020 Ford Utility. See lightbar build sheet for complete configuration specifications. The Lightbar shall be installed on the vehicle's roof centered between the front and rear door jambs, The lightbar shall communicate with the siren controller via data connection through a cat5 cable. The corner modules on the driver side of the lightbar shall be deactivated when the driver's door is ajar to preserve the deputy's night vision when exiting and entering the vehicle. 4.1.2 Siren Controller: (1) SoundOff Signal ETSA482RSP or San Diego County approved equivalent, nErgy 400 series remote siren and lighting controller. True dual tone 200-watt amplifier capable of producing two independent tones simultaneously. The siren amplifier and relay module shall be installed on the rear electronics tray. The siren control head shall be mounted on the vehicle's headliner and feature the following controls: 4.1.2,1 Aux switch l: Left -Right -Center directional light control 4.1,2.2 Aux switch 2: Left alley light 4.1.2,3 Aux switch 3: Take Down Lights 4,1.2,4 Aux switch 4: Right alley light 4.1.2.5 Aux switch 5: Scene light 4.1.2.6 Aux switch 6: not used 4.1.2.7 Aux switch 7: Right spot 4.1.2.8 Aux switch 8: Gun release (8-second security timer function) 4.1.2.9 Standby: Places sirens in standby mode 4.1.2,10 Wail: activates dual tone Wail 4,1.2.11 Yelp: Activates dual tone Yelp 4.1,2,12 Tone: Activate Wail and Yelp 4.1.2.13 Horn: Activates Air Horn 4.1.2.14 Manual: Activates Manual siren tone 4.1.2.15 Radio Re -Broadcast: Broadcasts 2-way radio audio on PA system 4.1.2.16 Slide Switch 41: Rear lightbar, and lightbar steady red/blue LED's 4,1,2.17 Slide Switch #2: Taillight flasher, blue LED's in reverse lights, under spoiler LED's, Litt gale open LED's (only when lift gate is open) and the front of the lightbar with red/blue pattern 4.1.2.18 Slide Switch #3 Park: Grill mounted LED's and under mirror LED's 4.1,119 Slide Switch #3 Drive: Front headlight LED's, headlight flasher and add white flashing LED's on lightbar. The siren will default to "Tone" and activate wail / yelp when placed in level 3 and ni drive gear. 4.1.2.20 Horn ring transfer via the OEM steering wheel horn switch Page 43 of 79 84 of 199 EXHIBITA-1 RFB 10281 CHULA VISTA FORD SUBMISSION ANDADDENDUMS 4.1,2,2 1 The PA microphone shall be mounted on a mic clip located on the center equipment console. The PA mic will be connected to the overhead siren control panel via extension cable, (1) SoundOff Signal PSRN4MCEXT or San Diego County approved equivalent. 4,1.3 Siren Speakers: (2) SoundOff Signal ETSS I OON or San Diego County approved equivalent, 1 00-watt siren speakers shall be installed in the vehicle lower grill opening with the use of(2) SoundOff Signal ETSS100CBKFS-B or San Diego County approved equivalent. The speakers shall be connected directly to the siren amplifier. 4.1.4 Grill LED's: (1) red SoundOff Signal EMPS2STS3R and (1) blue SoundOff Signal EMPS2STS3B or San Diego County approved equivalent. LED warning lights shall be installed in the grill opening with use of (1) SoundOff Signal PMP2BKDGAJ brackets or San Diego County approved equivalent 90 degree mounting brackets. Each warning light will have 8-LED's, The red LED light will mount en the driver side and the blue LED will mount on the passenger side. The LED's will be connected to slide switch position #3 and flash in sync with each other, 4.1.5 Under Spoiler LED's: (1) red/amber SoundOff Signal ENFSSS3K and (1) blue/amber SoundOff Signal ENFSSS3M or San Diego County approved equivalent, LED warning lights shall be installed under the rear spoiler with use of (1) SoundOff Signal PMP2RS202 or San Diego County approved equivalent mounting brackets. Each warning light will have I2-LED's, The Red/Amber LED light will mount on the driver side and the blue/amber LED will mount on the passenger side. The LED's will be connected to slide switch position #2 and flash in sync with each other. 4.1,6 Exterior Under -Mirror LED's: (1) SoundOff Signal ENT2l33R and (1) SoundOff Signet ENT2B3B or San Diego County approved equivalent, lntersector LED warning lights shall be installed under the vehicle's exterior mirrors with the use of mounting brackets (1) SoundOff Signal PMP2BKUMB3-D for the driver side and (1) PMP213KUMB3-P for the passenger side to provide side warning signal. Each warning light will have 9-LED's. The red LED light will mount on the driver side and the blue LED will mount on the passenger side. The LED's will be connected to slide switch position #3 and flash in sync with each other. 4,1.7 Headlight Mounted LED's: (1) red/white SoundOff Signal ELUC31.1010D and (1) blue/white SoundOff Signal ELUC3H010E or San Diego County approved equivalent. The 6-LED warning lights shall be installed in the vehicle's headlight housings with the Ford option 66A, Each warning light will have 6-LED's. The red/white LED light will mount on the driver side and the blue/white LED will mount on the passenger side, The LED's will be connected to slide switch position #3 in drive and flash in sync with each other. 4.1.8 Taillight Mounted LED's: (2) blue SoundOff Signal ELUC3H01OB or San Diego County approved equivalent, universal undercover LED insert warning lights shall be installed in the vehicles tail light housings with the Ford option 66B. The warning lights will be installed with (2) SoundOff Signal PLUCTCLI or San Diego County approved equivalent twist -lock adapters. The blue LED's will be placed in the clear reverse lens of the taillight. Each warning Tight will have 6-LED's. The LED's will be connected to slide switch position #2 and flash in sync with each other. 4.1.9 Lift Gate Open Mounted LED's: (2) red/blue SoundOff Signal EMPSISLS3J or San Diego County approved equivalent, red/blue recessed mount LED warning lights shall be installed in the interior trim panel of the rear lift gate. The LED's shall be visible when the lift gate is open. The LED's will be connected to slide switch position #2 and only activated when the lift gate is open. The lights shall flash in sync with each other, 4,1.10 Headlight Flasher: (1) SoundOff Signal ETHFFUT-16 or San Diego County approved equivalent, solid state headlight flasher shall be installed on the vehicle's high beam headlights. The flasher will be connected to slide switch position #3 and only active when the vehicle in in a "drive" gear. 4.1,11 Taillight Flasher: (1) SoundOff Signal ETHFFUT-16 or San Diego County approved equivalent, solid state taillight flasher shall be installed on the vehicle's (2) lower brake lights. The flasher will be connected to slide switch position #2 and the OEM brake light functions shall ore -ride any warning functions. 4.2 Center Equipment Console and Computer Mount Page 44 of 79 85 of 199 EXHIBIT A-1 RFB 10281 CHULA VISTA FORD SUBMISSION AND ADDENDUMS 4.2.4 4.2.5 Keyboard Mounting Solution: The successful vendor shall install the following components to support a Havis Keyboard mounting solution. The mounting solution shall be installed in preparation for the County's final installation of the keyboard. 4.2.6 Havis CM006331 or San Diego County approved equivalent, Side mounted articulated swing arm assembly to be installed on right rail of console and support keyboard 4.2.7 Havis C-MD-204 or San Diego County approved equivalent, Tilt / Swivel Motion Device 4.2.8 Havis C-KBM-202 or San Diego County approved equivalent, Keyboard Mounting Plate for Motorola. 4.2.9 4.2.10 Center Equipment Console: (1) Havis C-VS-1012-1NUT or San Diego County approved equivalent shall be installed between the front seats to support the installation of the radio control head and other related components. The console will support a total of 22" of equipment faceplate mounting, 10" will be at an angle with the remaining 12" in a level horizontal section. The console will install form fitting to the vehicle's dash panel. The console will include (2) DC power ports between the angled and level faceplate sections. The OEM USE) and 3.5mm audio ports will be relocated to the passenger side of the console. The console package will include the following equipment mounting brackets, filler panels and console accessories: 4.2.11 Havis C-LP2-PS2 or San Diego County approved equivalent, 2" Console faceplate with (2) DC power ports and (2) rocker switch cut-outs installed in the #1 (top) position of the console. The rocker switch cutouts will be used for "black -out" and prisoner / K9 dome light. 4.2.12 Havis C-EBI5-HLN-1P or San Diego County approved equivalent, Equipment mounting bracket for Motorola DEK, 1.5", installed in the #2 position of the console 4.2.13 Havis C-EB25-XTL-1 P or San Diego County approved equivalent, Equipment mounting bracket for Motorola XTL/APX -05 remote head radio, 2,5", installed in the #3 position of the console 4.2.14 Havis C-FP-2 or San Diego County approved equivalent, 2" Console blank filler panel installed in the #4 position of the console. 4.2.15 Havis C-AP-0325 or San Diego County approved equivalent, 3" Console accessory pocket installed in the #5 Position of the console. 4.2.16 Havis C-FP-05 or San Diego County approved equivalent, 1/2" Console blank filler panel installed in the #6 position of the console. 4.2.17 Havis C-CUP2-1 or San Diego County approved equivalent, Dual internal beverage holder, approximately 4", installed in the #7 position of the console. 4.2.18 Havis C-MCB or San Diego County approved equivalent, Microphone mounting brackets installed on the right track rail of the console for the mounting of the radio and PA microphones 4.2.19 Magnetic Mic MMSU-1 or San Diego County approved equivalent, magnetic microphone mounts installed on the mounting brackets. The magnetic mounts will be used for the radio and PA microphone. (1) Adapter shall be installed on the PA mic and the (1) adapter with set screw for the radio mic shall be placed in a sealed bag and placed in the beverage holder. 4.2.20 Littlite L-5/12-LED or San Diego County approved equivalent, Red/White LED map light with 12" flexible neck shall be installed on the right side of the equipment console. The map light shall be wired to the fuse panel timed circuit 4.2.1 Tablet Mounting Solution: The successful vendor shall install the following components to support a Dell Tablet and Dock. The mounting solution shall be installed in preparation for the County's final installation of the monitor. The monitor mount shall provide sufficient side -to -side swivel adjustments to be viewable by passenger and driver seated locations. All dash panel cuts shall be performed in a clean and workmanlike manner to include only minimal modifications to factory trim pieces 4.2.2 (1) Havis C-DMM-3015 or San Diego County approved equivalent, Swing Up Device Mount for 2020 Ford Interceptor Utility Vehicle. 4.2.3 (1) Havis DS-Dell-612-2 or County approved equivalent, Docking Station with Dual Pass -through Antenna for Dell's Latitude 12 Rugged Tablet with Power Supply. 4.3 Radio Communications 4.3.1 The successful vendor shall provide all required pre -cabling of radio antennas, control cables and power cables to support the final installation of the radio equipment by the County. The specifications listed below are minimum requirements and are subject to approval by Sheriff Wireless and Data Services, before the construction and delivery of the first vehicle. A11 cable lengths at the front center equipment console and the rear electronics tray must be sufficient to allow proper placement of components by the County. 4,3.2 800MHz Radio Antenna: (I) Larsen NMOKHFUDMPL or San Diego County approved equivalent, antenna NMO mount/cable shall be installed on the roof centered left -to -right and 23" from the rear roof's edge. The Page 45 of 79 86 of 199 EXHIBIT A-1 RFB 10281 CHULA VISTA FORD SUBMISSION AND ADDENDUMS antenna coaxial cabled is to be routed to the equipment mounting tray in the rear of the vehicle and labeled "Radio Antenna". (I) Larsen NMO3E800B or San Diego County approved equivalent, 806-866MHz antenna mast shall be installed on the NMO, 4.3.3 Radio Control Head Cable: (1) Motorola HKN6169B or San Diego County approved equivalent, radio control head cable shall be routed from the front center equipment console to the rear equipment mounting tray. 4.3.4 Radio Control Head Pre -Wire: Pre -wire for the radio control head (Motorola XTL or APX -05 remote head) located in the center console must include the following circuits. A label must be affixed to the radio control head wire bundle to clearly identify the circuits, 4,3,5 16awg Red/Black wire printed "Radio Head" to provide constant 12V from the rear fuse panel circuit #2 4.3.6 16awg yellow wire printed "Radio 2" to provide ignition from an ignition sense wire. Could be the same used for the gun lock ignition wire. 4.3.7 16awg black wire printed "ground" to provide ground sourced from a factory ground location, 4,3.8 18/2 speaker wire for connection to the radio's audio output to allow the siren to perform the radio re -broadcast (RRB) feature, 4.3.9 Radio Transceiver Pre -Wire: Pre -wire for the radio transceiver (Motorola XTL or APX -05 remote head) located on the rear equipment tray must include the following circuits. A label must be affixed to the radio transceiver wire bundle to clearly identify the circuits. 4.4 Data Communications 4.4.1 The successful vendor shall provide all required pre -cabling of data antennas, computer control cables and power cables to support the final installation of the computer equipment by the County. The specifications listed below are minimum requirements and are subject to approval by Sheriff Wireless and Data Services, before the construction and delivery of the first vehicle. All cable lengths at the front center equipment console and the rear electronics tray must be sufficient to allow proper placement of components by the County. 4.4.2 LTE Antenna: (1) Larsen NMOKHI'UDTNC or San Diego County approved equivalent, high frequency antenna NMO mount/cable shall be installed. The antenna coaxial cabled is to be routed to the Dell Tablet Dock in front dash of the vehicle and labeled "Laird TRA6927M3NBN-SI 1", 4,5 Electrical System 4.5.1 General Electrical System Requirements: All wiring must remain consistent across all Utility vehicle and configurations. Thesuccessfinl vendor must comply with the following specifications and requirements: 4.5.1.1 All wiring must be contained as part of a complete vehicle harness. 4.5.1.2 Wires and cables must be routed consistently in each vehicle. 4.5.1,3 Vendor to supply "as -built" vehicle documentation to include but not limited to: 4,5,1.3.1 Circuit identification 4.5.1.3.2 Wire routing diagrams 4.5.1,3.3Connection diagrams for all components including siren amplifiers, relays and fuse panels 4.5.1.3.4Complete documentation of all factory wire interfaces (park kill, horn, door ajar, etc.) 4.5.1.3,5Complete documentation of all OEM fuses that have an effect of the outfitting package 4.5.1.4 All fuses, relays and spare wires must be clearly labeled as to their function. 4.5.1.5 All wire runs are to be "home runs" with no unnecessary connections in the circuits 4.5.1.6 All wiring shall be cross -linked polyolefin and meet or exceed the fallowing specifications for resistance to heat and abrasion: 4.5.1.6.1 Chrysler specifications MS 5919 4,5.1.6.2Ford specifications M1L85-A 4,5.1.6.3M1L-Specifications M1L-7928 4.5.1.6.4Packard specifications M-2023 4.5.1,6.5 SAE Specifications 7928 4.5,1,6.6SAE Specifications 11 128 4.5.1.7 All wiring shall include labeled / printed wire as to identify the circuit and/or component 4.5.1.8 There shall be (4) spare circuits routed from the console to the under hood. Wires shall be capped and labeled. Page 46 of 79 87 of 199 EXHI$ITA-1 RFB 10281 CHULA VISTA FORD SUBMISSION AND ADDENDUMS 4.5.1.9 There shall be (4) spare circuits routed from the console to the rear electronics tray. Wires shall be capped and labeled. 4,5.2 Warning System Fuse Panel: For the following item only, Bidder may submit specifications with bid for County evaluation. Bidder shall provide and install a warning system fuse panel that shall house fuses for all aftermarket components other than the radio and computer and shall be sourced from the fuse panel and power distribution center. The fuse panel must comply with the following: 4,5,2.1 The fuse panel will be installed in the rear interior trim panel storage pocket on the passenger side, 4,5.2,2 The fuse panel will include a vehicle specific mounting system to insure consistent placement on vehicle. 4.5.2.3 The panel will support (21) ATO fuses and (4) MAXI fuses 4,5.2.4 A solid-state timer will be installed on the panel and set to 30-minute time delay 4.5.2.5 The delay timer will control a Mil -Spec 300-Amp relay to distribute "timed" power to high current circuits. 4.5.2.6 All wire crimp connections at the fuse panel must meet MIL -SPEC standards for pull -test. 4.5.2.7 Fuse Panel housing shall be constructed of metal and wiring shall meet SAE J-1128 and MIL - 85B standards. 4.5.2.8 Fuse panel and wiring shall have a warranty no less than 5 years. 4.5.3 The fuse panel will include a labeled fuse cover to identify the following circuits: 4.5.3.1 Fuse 41, Constant, 15-Amp, Headlight Flasher 4.5.3.2 Fuse #2, Constant, 10A Control Head constant power to the front center equipment console. 4.5.3.3 Fuse #3, Constant, Console Spare (CIR 3) 4.5.3.4 Fuse 44, Constant, 10-Amp, Rear Gun Lock (K9) 4.5.3.5 Fuse 115, Constant, Console Spare (CIR 5) 4.5,3,6 Fuse 46, Constant, 5-Amp, Timer 4.5.3.7 Fuse 47, Constant, 20-Amp, Tail Light Flasher 4.5.3.8 Fuse #8, Timed, 5,-Amp, Black Out Switch / Relays 4.5.3,9 Fuse #9, Timed, 30-Amp, Lightbar 4.5.3.10 Fuse 410, Timed, 5-Amp, Lightbar BOB 4.5.3,11 Fuse # 11, Timed, 15A Dell Dock Lind power supply in the front center equipment console 4,5.3,12 Fuse #12, Timed, 5-Amp, Rear Dome Light 4.5.3.13 Fuse 413, Timed, 3-Amp, Asset Works V1 B 4.5.3,14 Fuse # 14, Timed, 5-Amp, Prisoner/K9 Dome Light 4.5.3.15 Fuse #15, (Maxi) Constant, 40-Amp, K9 Electronics 4.5.3.16 Fuse if 16, (Maxi) Constant, 20A for radio TR pack in rear equipment tray 4,5.3.17 Fuse 417, (Maxi) Timed, 50-Amp Siren (Lighting Relay Input) 4.5.3.18 Fuse 1118, (Maxi) Timed, Open 4.5.3.19 Fuse # 19, Timed, Rear Spare 4.5.3.20 Fuse 420, 'Timed, Rear Spare 4.5.3,21 Fuse #21, Timed, 5-Amp, Radio Control Head 4.5.3.22 Fuse #22, Timed, 20-Amp, Siren Amp 4.5.3.23 Fuse #23, Timed, 15-Amp, Power Outlets 4.5.3.24 Fuse #24, Timed, 5-Amp, Map Light 4,5.3.25 Fuse #25, Timed, Console Spare (flashlight) 4,5.3.26 Fuse 428, 15-Amp, Radio 4,5.3.27 Fuse 429, 10-Amp, Radio Control Head 4.5.3.28 Fuse #32, Open 4.5.4 Brake Light "Black -Out" System: The successful vendor will be required to install a brake light black out system to temporarily defeat the vehicle's brake and reverse light functions for tactical advantages. The County understands that this system is not recommended by Ford or Federal Motor Vehicle Safety Standards and accepts responsibility for the operation of the system. The system shall include a console (1) K4 SW -BRAKE or San Diego County approved equivalent mounted rocker switch to activate N.O. / N.C. relays installed to interrupt the power to the brake and reverse lamps. The OEM circuit shall utilize the N.C. (normally closed) contacts on the relay so that the brake light defeat will default to normal operation, The console mounted switch shall be a Carling Contoura style with a laser etched marking and legend. The switch will be momentary and must remain manually depressed for the brake lights to be in "black -out" mode. 4.5.5 Page 47 of 79 88 of 199 EXHIBIT A-1 RFB 10281 CHULA VISTA FORD SUBMISSION AND ADDENDUM 4.5.6 Lift Gate Mounted Dome Light: (1) SoundOffSignal ECVDMLTST4G or San Diego County approved equivalent red/white LED dome light will be installed on the rear lift gate interior trim panel. The light will source power from the fuse panel and only be enabled when the lift gate is open. 4.5.7 4.5.8 Electronics Mounting Tray: (1) Havis C-TTP-1NUT-2 or San Diego County approved equivalent equipment tray will install in the rear of the vehicle above the spare tire and below the removable cargo floor. The electronics tray will hinge up to provide access to the spare tire (spare tire must remain in vehicle). The 25" W x 30" L mounting surface will provide a mounting location for the following components, Placement of all components must be approved by the County prior to vehicle construction. 4.5.9 Siren 4.5.10 RJ-45 splitter (lightbar and control panel) 4,5.11 Lightbar Break -Out -Box (BOB) 4.5.12 Relays (Lev 3 Park Kill, Lift Gate Open, Lift Gate Dome) 4.5.13 Motorola XTL / APX Radio transceiver 4.5.14 Motorola MW-810 CPU 4.5,15 Motorola HPD1000 4.5.16 Antenna duplexer 4.6 K9 Transportation System 4.6.1 K9 Transportation Kennel: (1) Havis K9-F28 or San Diego County approved equivalent will be installed as per the manufacturer's instructions. The kennel shall meet the following specifications: 4.6.1.1 Unique white powder coat finish 4.6,1.2 Fabricated from heavy-duty aluminum for long-lasting durability 4.6.1.3 Aluminum fold -down interior window guards and door panels 4.6.1.4 Front sliding door 4,6.1.5 Kennel dimensions: 45" deep by 65" wide by 40" high 4.6.1.6 Side entry openings are 24" wide x 37" high 4,6.1,7 Front entry door opening 13.5" wide x 30.25" high 4.6.1.8 Measurement from top of K9 floor to ground = 22,75" 4,6.1.9 Rear cargo space behind K9 unit to rear door sill is 44" wide x 32" long at 14" high. 4.6.1.10 K9 window guards include a .281" x 1.75" obround slotted -hole pattern to minimize the possibility of fingers accidently being put into the K9 compartment. 4.6.2 K9 Cooling Fan: (1) Havis K9-A-104 or San Diego County approved equivalent, 10" cooling fan will be installed on the driver side kennel window guard with the use of (1) Havis K9-A-108 or San Diego County approved equivalent fan adapter bracket. The fan capable of 666 CFM will blow air into the kennel when activated by the heat alert system. 4.6.3 K9 Transportation Dome Lights: (1) red/white LED dome light will be flush mounted kennel roof. The dome lights will be controlled by (1) K4 SW-DOME3 or San Diego County approved equivalent console mounted Carling Contoura style rocker switch with a laser etched marking and legend. The switch will provide "Red - Off -White" control of the tight. 4.6.4 K9 Deployment and Heat Alert System: (1) Ray Allen F3 or San Diego County approved equivalent will be installed in the vehicle for K9 door deployment and heat alert. The heads -up display (HUD) will mount on the dash panel close to the driver's A -pillar. The control pod (POD) will install in the center console to provide easy access far service and/or fuse replacement. There will be (2) temperature sensors installed with (I) sensor in the upper corner of each B-pillar. The antenna will be installed on the roof behind the lightbar and will require (1) Larsen NMOKHFUD or San Diego County approved equivalent antenna NMO mount/cable and (1) RF ind, R/FRP3000-IC or San Diego County approved equivalent reverse polarity SMA connector, The gas spring will need that is included with the F3 must be replaced with a (1) 9416KI 125 and (2) 9416K74 or San Diego County approved equivalent, 22.36" extended length / 40 pound gas spring for proper geometry to allow the K9 door to fully open. The ball socket ends on the gas spring must be metal and not plastic. An additional vendor fabricated bracket will be required to secure the OEM door latch cable and connect it to the release solenoid. A 0717148 or San Diego County approved equivalent spring will be installed in the OEM latch cable to allow proper door latching when the solenoid is at rest. 4.6.5 The K9 deployment and heat alert system shall meet the following specifications: Page 48 of 79 } 89 of 199 EXHIBIT A.1 RFB 10281 CHULA VISTA FORD SUBMISSION AND ADDENDUMS 4.6.5.1 One -button remote deployment (recessed for safety, no accidental deployments) 4.6,5.2 Beep (optional) and vibration feedback to remote pager when deployment button is pressed 4.6.5.3 Short vehicle horn burst for deployment acknowledgment 4,6.5.4 System unlocks, unlatches, pushes and holds open vehicle door when deployed 4.6.5.5 Park/Neutral input disables deployment system when vehicle is in gear 4.6.5.6 Durable 40 lb. Unlatch Solenoid 4.6.5.7 Adjustable unlock timing to maximize deployment speed and vehicle compatibility 4.6.5.8 User selectable features in the event of a heat alert include temperature threshold setting, temperature unit setting (degrees F or C), window roll -down (left, right, both or none), alarm made (horns, lights, both or none) 4.6,5.9 Automatically turns on fan at high-speed during alert 4.6.5.10 Stall detection capability by monitoring vehicle battery voltage 4.6.5.11 System uses Dual Temperature Sensors to measure alert temperature, eliminating false alerts due to isolated hot spots 4.6,5.12 Over 7/10-mile line of sight deployment and alert range 4.6,5.13 Bi-directional communication between Pager and Control Pod allows far display of real-time temperature and system status information 4.6.5,14 Advanced lithium polymer rechargeable battery with Smart Charger (included) that stops charging when full, improving battery life 4.6.5,15 Spread Spectrum RF technology ensuring high signal strength and no interference 4.6.5.16 Individually encoded allowing for multiple systems to operate in the same area 4.6,5.17 Manual override control of variable fan speed 4.6.6 Safe Stop / Ignition Security System: (1) Pro- Gard SafeStop SSI$12 or San Diego County approved equivalent ignition security system shall be installed to allow engine idle (air conditioning) with the key removed from the ignition system and the shift lock engaged. System will provide isolated outputs to prevent release of weapons from rack when the key is not in the ignition switch. The engine will shut off if the brake pedal is depressed. 4.6.7 Window Tint: Additional window tint shall be applied to all windows with exception to the windshield for solar energy and ultra -violet rejection. 4.6.7.1 Front driver and passenger: 4,6.7.1.1 American Standard Excel 88 Series 4.6.7.1.288% light transmission 4,6.7.1,320% solar energy rejection 4.6.7.1,499%U/V rejection 4,6.7.2 All windows behind B-Pillar: 4.6.7,2.1 SunTek Carbon 18 Series 4.6.7,2.2 18% Tight transmission 4.6.7.2.344% solar energy rejection 4.6.7.2,499% UN rejection 4.7 Cargo Protection 4.7.1 Cargo Guard: (1) UV-CARGO-GUARD-K9 or San Diego County approved equivalent shall be installed in the rear of the vehicle to provide a secure storage solution, The cargo guard will create a "trunk" in the utility vehicle to protect equipment from theft from a broken window, The cargo guard must comply with the following: 4.7.2 The cargo guard will create a shelf platform under the window beltline and extend from the rear partition/kennel to the rear lift gate and from side to side. 4,7.3 The guard must fit the contours of the vehicle interior panels with no gaps. 4.7.4 The rear edge of the guard at the lift gate, will feature a hinged door that will flip up to provide easier access to cargo stored under the guard. 4.7.5 The hinged door will have slam latches that are only accessible from under the guard's platform requiring that the rear lift gate is open to gain access to the latches. 4.7.6 The guard will be constructed of heavy gauge steel and be finished with a textured powder coat finish. 4.7.7 The guard must securely install in the vehicle using only factory bolt locations. 4.7.8 The County must approve the final design Page 49of79 1 90 of 199 EXHIBIT A-1 RFB 10281 CHULA VISTA FORD SUBMISSION AND ADDENDUMs 4.8 Weapon Mounting Systems 4.8,1 Kennel Mounted Weapon Rack: (1) Enforcer Equipment GR 1-K9-AR or San Diego County approved equivalent weapon rack shall be installed horizontally on the top of the K9 kennel, The rack will support the secure storage of (1) AR-15 style rifle with adjustable butt stock. The gun locks will be electronically released via the siren control panel button #8 (security 8-see. timer) and feature a #6 key over -ride. The rifle gun lock will utilize a "barrel lock" to allow compatibility with various configurations. The rack most provide additional storage security to the rifle by preventing access to the take down pins and be compatible with a 30-round magazine. 4.8.2 Rear Mounted Weapon Rack: (1) Enforcer Equipment GRI-UN1V-870 or San Diego County approved equivalent weapon rack shall be installed under the rear cargo cover, The rack will support the secure storage of (1) Remington 870 shotgun with pistol grip stock. The rack must feature an extruded aluminum back bone to allow adjustments. All exposed hardware must be security style such as pin -in hex. The gun locks will be electronically released via a remote switch connected to an Able2 25.4802 or San Diego County approved equivalent timer and feature a #6 key over -ride. 4.9 Graphics Package 4.9.1 The successful vendor will be required to produce and install a complete graphics package. The vendor shall supply the County Fleet Management with a list of vehicle identification numbers (VIN) on an excel spreadsheet, and the County will identify the correct county assigned unit number. 4.9.2 The graphics package must include the following: 4.9.2,1 (2) Sheriff Stars to be installed on the front driver and passenger doors 4.9.2.1,1 Approximate size: 20" 4.9,2,1.2 Material: 3M 1080 Series 4.9.2. 1.3 Color: S 120, Satin White Aluminum 4.9.2.1.4 Laminate: 3M Envision 8548 Gloss 4.9.2,1.5Expected Durability: 7-9 Years 4.9.2.2 (2) "SHERIFF" graphics to be installed on the front driver and passenger doors 4.9.2.2.1 Approximate size: 2.25" x 23" 4.9.2.2.2Material; 3M 1080 Series 4.9.2.2.3Color: S120, Satin White Aluminum 4.9.2.2.4Laminate: 3M Envision 8548 Gloss 4.9.2.2.5Expected Durability: 7-9 Years 4.9,2.3 (1) "SHERIFF" graphics to be installed on the rear lift gate 4.9.2.3.1 Approximate size: 2.25" x 23" 4.9.2.3.2Material: 3M 1080 Series 4.9.2.3.3Color: S120, Satin White Aluminum 4.9.2.3.4Laminate: 3M Envision 8548 Gloss 4.9.2.3.5Expected Durability: 7-9 Years 4.9,2.4 (2) "KEEPING THE PEACE SINC E 1850" graphics to be installed on the front driver and passenger fenders 4.9.2,4.1 Approximate size: 2" x 35" 4.9.2.4.2Material: 3M 1080 Series 4.9.2.4.3 Color: S 120, Satin White Aluminum 4.9.2.4.4Laminate: 3M Envision 8548 Gloss 4.9,2,4.5 Expected Durability: 7-9 Years 4.9.2.5 (1) 5-Digit vehicle number to be installed on the hood 4.9.2.5.1 Approximate size: 2" Tall 4.9.2.5.2Material: 3M 1080 Series Page50of79 } 91 of 199 EXHIBIT A-1 RFB 10281 CHUtA VISTA FORD SUBMISSION AND ADDENDUMS 4,9.2,5.3Color: S120, Satin White Aluminum 4.9.2.5.4Larninate: 3M Envision 854E Gloss 4.9.2.5.5Expected Durability: 7-9 Years 4.9.2.6 (1) 5-Digit vehicle number to be installed on the rear lift gate 4.9.2.6.1 Approximate size: 2" Tall 4.9.2.6.2Material: 3M 1084 Series 4.9.2,6.3Color: S121, Satin White Aluminum 4.9,2,6.4Laminate: 3M Envision 8548 Gloss 4.9.2.6.5Expected Durability: 7-9 Years 4.9.2.7 (1) 3-Digit vehicle number to be installers on the roof 4.9.2.7.1 Approximate size: 20" Tall 4.9.2.7.2Material: 3M 1180 Series 4.9,2.7.3Color: G12 Gloss Black 4.9.2.7.4Laminate: 3M Envision a548 Gloss 4.9.2.7.5Expected Durability: 5 Years 4.9.2,8 (1) Underline to be installed under roof numbers 4.9.2.8.1 Approximate size: 4" x 43" 4.9.2.8.2Material: 3M 1080 Series 4,9.2.8,3 Color: G12 Gloss Black 4.9.2.8.4Laminate: 3M Envision 8548 Gloss 4.9,2.8.5Expected Durability: 5 Years 5 FORD UTU.,ITY PRISONER TRANSPORTATION OUTFITTING SPECIFICATIONS - **PRICING SHEET LINES 11 & J** The purpose of this specification is to outfit approximately two (2) current model year Ford Utility Vehicle Interceptors equipped with a 3.11L EcoBoost engine with the following PRISONER TRANSPORT requirements. Bidders must provide a detailed quote including manufacturer part numbers and a note identifying each part when offering "County approved equivalent". Bidders requesting use of "County approved equivalent" products should submit specifications to County of San Diego Purchasing and Contracting no less than [7] business days prior to bid opening for approval. Pricing to be for initial outfitting of 2 vehicles. All pricing offered will be firm fixed for the duration of one (1) year from contract award date. All systems, components, parts and materials provided by the vendor shall be new and unused, with full manufacturer's warranties in effect starting on the date of acceptance by the county. 5,1 Center Equipment Console 5.1.1 Center Equipment Console: (I) Havis C-VS-11112-INUT or San Diego County approved equivalent shall be installed between the front seats to support the installation of the radio control head and other related components, The console will support a total of 22" of equipment faceplate mounting. 10" will be at an angle with the remaining 12" in a level horizontal section. The console will install form fitting to the vehicle's dash panel. The console will include (2) DC power ports between the angled and level faceplate sections. The OEM USB and 3.5mm audio ports will be relocated to the side of the console. The console package will include the following equipment mounting brackets, filler panels and console accessories: 5.1,1.1 Havis C-LP2-PS2 or San Diego County approved equivalent, 2" Console faceplate with (2) DC power ports and (2) rocker switch cut-outs installed in the #1 (top) position of the console. The rocker switch cutouts will be used for prisoner dame light. 5.1.1.2 Havis C-EBIS-HLN-1P or San Diego County approved equivalent, Equipment mounting bracket for Motorola DEK, 1.5", installed in the #2 position of the console 5.1.1.3 Havis C-EB25-XTL-1 P or San Diego County approved equivalent, Equipment mounting bracket for Motorola XTL/APX -115 remote head radio, 2.5", installed in the #3 position of the console Page 51 of 79 92 of 199 EXHIBIT A-1 RFB 10281 CHULA VISTA FORD SUBMISSION AND ADDENDUMS 5.1.1.4 Havis C-FP-2 or San Diego County approved equivalent, 2" Console blank filler panel installed in the #4 position of the console. 5.1.1.5 Havis C-AP-0325 or San Diego County approved equivalent, 3" Console accessory pocket installed in the #5 Position of the console. 5.1.1.6 Havis C-FP-05 or San Diego County approved equivalent, l/2" Console blank filler panel installed in the #6 position of the console. 5.1.1.7 Havis C-CUP2-1 or San Diego County approved equivalent, Dual internal beverage holder, 4", installed in the #7 position of the console, 5.1.1.E Custom manufactured 4.5" console faceplate to support the flush mounting of a Motorola radio speaker. The speaker faceplate will be installed in the #8 position of the console. 5.1.1.9 Havis C-MCB or San Diego County approved equivalent, Microphone mounting brackets installed on the right track rail of the console for the mounting of the radio and PA microphones 5.1.1.10 Magnetic Mic MMSU-1 or San Diego County approved equivalent, magnetic microphone mounts installed on the mounting brackets, The magnetic mounts will be used for the radio and PA microphone. (1) Adapter shall be installed on the PA mic and the (I) adapter with set screw for the radio mic shall be placed In a sealed bag and placed in the beverage holder. 5.1.1.11 Littlite L-5/I2-LED or San Diego County approved equivalent, Red/White LED map Tight with 12" flexible neck shall be installed on the right side of the equipment console. The map light shall be wired to the fuse panel timed circuit 5.2 Radio Communications 5.2.1 The successful vendor shall provide all required pre -cabling of radio antennas, control cables and power cables to support the final installation of the radio equipment by the County. The specifications listed below are minimum requirements and are subject to approval by Sheriff Wireless and Data Services, before the construction and delivery of the vehicles. All cable lengths at the front center equipment console and the rear electronics tray must be sufficient to allow proper placement of components by the County. 5.2.2 800MHz Radio Antenna: (1) Larsen NMOKNOCONN or San Diego County approved equivalent antenna NMO mount/cable shall be installed on the roof centered left -to -right and 49" from the rear roof's edge. The antenna coaxial cabled is to be routed to the equipment mounting tray in the rear of the vehicle and labeled "Radio Antenna". (I) Larsen NMO3E800B or San Diego County approved equivalent 806-866MHz antenna mast shall he installed on the NMO. 5.2.3 Radio Control Head Cable: (1) Motorola HKN6169B or San Diego County approved equivalent radio control head cable shall be routed from the front center equipment console to the rear equipment mounting tray. 5.2.4 Radio Control Head Pre -Wire: Pre -wire for the radio control head (Motorola XTL or APX -05 remote head) located in the center console must include the following circuits. A label must be affixed to the radio control head wire bundle to clearly identify the circuits. 5.2.4.1 16awg Red/Black wire printed "Radio Head" to provide constant 12V from the under -hood fuse panel circuit #29 5.2.4.2 I6awg yellow wire printed "Radio 2" to provide timed 12V from the rear mounted fuse panel circuit #21 5.2.4.3 16awg black wire printed "ground" to provide ground sourced from a factory ground location. 5.2,4.4 18/2 speaker wire for connection to the radio's audio output to allow the siren to perform the radio re -broadcast (RRB) feature. 5.2.5 Radio Transceiver Pre -Wire: Pre -wire for the radio transceiver (Motorola XTL or APX -05 remote head) located on the rear equipment tray must include the following circuits. A label must be affixed to the radio transceiver wire bundle to clearly identify the circuits. 5.2.5.1 10awg Red wire printed "Radio Power" to provide constant 12V from the under -hood fuse panel circuit #28 5.2.5,2 10awg black wire printed "ground" to provide ground sourced from a factory ground location. 5.3 Electrical System Page 52 of 79 93 of 199 EXHIBITA•1 RFB 10281 CHULA VISTA FORD SUBMISSION AND ADDENDUMS 5.3,1 General Electrical System Requirements: All wiring must remain consistent across all Utility vehicle and configurations. The successful vendor must comply with the following specifications and requirements: 5.3.1.1 All wiring must be contained as part of a complete vehicle harness. 5.3,1.2 Wires and cables must be routed consistently in each vehicle. 5.3.1.3 Vendor to supply "as -built" vehicle documentation to include but not limited to: 5.3.1.3.1 Circuit identification 5.3.1,3.2 Wire routing diagrams 5.3,1.3,3 Connection diagrams for all components including siren amplifiers, relays and fuse panels 5.3.1.3.4 Complete documentation of all factory wire interfaces (park kill, horn, door ajar, etc,) 5.3,1,3.5 Complete documentation of all OEM fuses that have an effect of the outfitting package 5.3.1.4 All fuses, relays and spare wires must be clearly labeled as to their function. 5.3.1.5 All wire runs are to be "home runs" with no unnecessary connections in the circuits 5.3.1.6 All wiring shall be cross -linked polyolefin and meet or exceed the following specifications for resistance to heat and abrasion: 5.3.1.6,1 Chrysler specifications MS 5919 5.3.1.6.2 For specifications MI L85-A 5.3.1.6,3 MIL -Specifications MIL-7928 5,3.1.6,4 Packard specifications M-2023 5.3.1.6.5 SAE Specifications 7928 5.3.1.6.6 SAE Specifications 11 128 5.3.1.6.7 All wiring shall include labeled /printed wire as to identify the circuit and/or component 5,3.1.6,8 There shall be (4) spare circuits routed from the console to the under hood. Wires shall be capped and labeled. 5,3.1.6.9 There shall be (4) spare circuits routed from the console to the rear electronics tray. Wires shall be capped and labeled. 5.3.2 Radio and Computer Fuse Panel: For the following item only, Bidder may submit specifications with bid for County evaluation, Bidder shall provide and install a Radio & Computer Fuse Panel that houses all fuses for the radio and computer components that shall be connected to an under hood mounted panel assembly. The vehicle specific fuse panel will mount to the passenger side fender. The fuse panel shall be cabled to a 150-Amp breaker mounted on the driver side core support. The battery side of the breaker shall be cabled directly to the vehicle battery. The fuse panel will include a labeled fuse cover to identify the following circuits: 5.3,2.1 Fuse #26, 20-Amp, HPDI000 Modem (pre -wire) 5.3,2,2 Fuse #27, 5-Amp, HPD1000 Turn -On (pre -wire) 5,3.2.3 Fuse #28, 15-Amp, Radio 5.3.2,4 Fuse #29, ID -Amp, Radio Control Head 5.3.2.5 Fuse #30, 15-Amp, MW-810 Monitor (pre -wire) 5.3.2.6 Fuse #31, 15-Amp, MW-8 10 CPU (pre -wire) 5.3.2.7 Fuse 032, Open 5.3.3 Lift Gate Mounted Dome Light: (1) SoundOff Signal ECUDMLTST4G or San Diego County approved equivalent red/white LED dome light will be installed on the rear lift gate interior trim panel, 5.3.4 Electronics Mounting Tray: (1) Havis C-TTP-1NUT-2 or San Diego County approved equivalent equipment tray will install in the rear of the vehicle above the spare tire and below the removable cargo floor. The electronics tray will hinge up to provide access to the spare tire (spare tire must remain in vehicle). The 25" W x 30" L mounting surface will provide a mounting location for the following components. Placement of all components must be approved by the County prior to vehicle construction. 5.3.5 Motorola XTL / APX Radio transceiver 5.4 Prisoner Transportation System 5.4.1 Front Partition: (1) Setina PK11861TU20-TM or San Diego County approved equivalent #10XL front prisoner partition with center recess panel and lower extension panels. The partition will have a coated polycarbonate horizontal sliding window with a slotted polycarbonate window guard. The partition Page 53 of 79 94 of 199 EXHIBIT A.1 RFB 10281 CHULA VISTA FORD SUBMISSION AND ADDENDUMS will include "XL" Extra leg room and "TM" Tall man installation kit. The side polycarbonate filler panels shall be rigid with break -away fasteners for air bag compliance. 5.4,2 Rear Partition anal Transportation Seat: (l) rear cargo partition Setina 12-VS and (1) transport seat Setina QK05661TU20 or San Diego County approved equivalent, bull replacement prisoner transportation seat with center pull seat belts and 412 rear partition with coated polycarbonate window. The seat shall be constructed of heavy duty, moisture and pathogen resistant TPO polymer. The center pull seat belt system must be Federal Motor Vehicle Safety Standard (FMVSS) 207/210 compliant. 5.4.3 Window Barriers: (1) Setina WK05141TU2011 or San Diego County approved equivalent window barriers shall be installed on the rear driver and passenger doors. The window barriers shall be constructed of steel and feature horizontal bars for increased rear and side visibility to the driver 5.4.4 Door Panels: (1) Setina DK01001TU20 or San Diego County approved equivalent door panels shall be installed on the rear driver and passenger doors. The panels shall be constructed of heavy duty, moisture and pathogen resistant TPO polymer. The panels will install over the OEM door panels and block access to the door handle and window switch. 5.4.5 Prisoner Transportation Dome Lights: (2) SoundOffSignal ECDMLTST4G or San Diego County approved equivalent, LED dome lights will be installed on the headliner in the prisoner compartment to provide illumination for contraband inspections and other nighttime operations, The dome lights will be controlled by (1) K4 SW-DOME2 or San Diego County approved equivalent console mounted Carling Con toura style rocker switch with a laser etched marking and legend. 5,5 Cargo Protection 5.5.1 Cargo Guard: (1) UV -CARGO -GUARD -SET or San Diego County approved equivalent shall be installed in the rear of the vehicle to provide a secure storage solution. The cargo guard will create a "trunk" in the utility vehicle to protect equipment from theft from a broken window. The cargo guard must comply with the following: 5.5.1,1 The cargo guard will create a shelf platform under the window beltline and extend from the rear partition to the rear lift gate and from side to side. 5.5.1.2 The guard must fit the contours of the vehicle interior panels with no gaps. 5.5.1.3 The rear edge of the guard at the lift gate will feature a hinged door that will flip up to provide easier access to cargo stored under the guard. 5.5.1.4 The hinged door will have slam latches that are only accessible from under the guard's platform requiring that the rear lift gate is open to gain access to the latches. 5.5.1.5 The guard will be constructed of heavy gauge steel and be finished with a textured powder coat finish. 5.5.1.6 The guard must securely install in the vehicle using only factory bolt locations. 5.5.1.7 The County must approve the final design 5.6 Weapon Mounting System 5,6.1 Partition Mounted Weapon Rack: (1)Setina GK1031S1UHKSSCAXL or San Diego County approved equivalent dual weapon rack shall be installed on the front partition. The rack will support the secure storage of (1) Remington 870 shotgun with pistol grip stock and (1) AR-15 style rifle with adjustable butt stock. The rack must feature an extruded aluminum back bone to allow adjustments for both weapons. All exposed hardware must be security style such as pin -in hex. The gun locks will be electronically released via (2) under -dash remote switches connected to an Able2 25,4802 or San Diego County approved equivalent timer and feature a lt6 key over -ride. The rifle gun lock will utilize a "barrel lock" to allow compatibility with various configurations. The rack must include (1) Enforcer Equipment AR -TOP -GUARD or San Diego County approved equivalent to provide additional storage security to the rifle by preventing access to the take down pins, magazine release and trigger. The guard must be compatible with a 30-round magazine. Both weapons will be installed in the rack with the trigger facing towards the partition. 6 STANDARDS AND REQUIREMENTS Page 54 of 79 95 of 199 EXHIBIT A-1 RFF310281 CHULA VISTA FORD SUBMISSION AND ADDENDUMS 6. 1 The successful bidder shall be responsible to deliver all completed vehicles as specified and equipped in this specification 6.2 The successful bidder shall identify the local area service provider and/or warranty repair center responsible for all equipment repair identified in this specification, Service centers must be accessible within a 1 hour driving window under normal traffic conditions from any starting point within the geographical area of San Diego County. This local area service provider shall be capable of providing warranty repairs and parts replacement, product support and service. 6.3 The successful bidder shall verify that the successful bidder or sub -contractor, whomever is providing this outfitting installation utilizes certified Emergency Vehicle Technicians that are certified as Law Enforcement Vehicle Installers (L-l), and that the sub -contractor has a history of manufacturing, outfitting, supporting, and servicing of aftermarket Law Enforcement vehicle equipment consisted of but not limited to 6.3,1 Emergency lights and siren 6.3.2 Center consoles 6.3.3 Trunk trays 6.3.4 Weapon management and security storage systems, 6.3.5 Wiring harnesses, power distribution and management systems 6.4 The successful bidder shall ensure that the primary sub -contractor shall be the only sub -contractor performing the outfitting services and no other subcontracting work shall be permitted by the successful bidder or the primary successful bidder without prior written approval of the County of San Diego Fleet Management. 6.5 Primary Sub -Contractor: 6.6 All equipment and components shall be new, assembled, installed, and fully functional as indicated by the specifications and shall be factory standard unless otherwise specified. 6.7 All substitutions must be listed as exceptions for evaluation. San Diego County representatives shall be the sole judges if the substitution is acceptable as an equivalent. 6.8 Successful bidder will outfit one vehicle which will be submitted for inspection and approval before the remainders of the vehicles are started. 6.9 The successful bidder shall produce no less than 20 outfitted vehicles per this specification per month starting after the first vehicle is approved by the County of San Diego Fleet Management. 6.10 The successful bidder is responsible for the delivery of all vehicles to the County of San Diego. 6.11 Vehicles delivered to the County must not include any modifications to or additions of equipment that are not specifically requested by the County as part of its specifications, Vehicles which have had modifications or alterations to the manufacturer's wiring or body structure through the installation of such devices may, at the County's sole discretion, be rejected as not meeting specifications. In such cases, the County shall determine whether repairs to the vehicle to eliminate the alteration shall be acceptable to correct the specification deficiency, or if replacement of the vehicle is required. 7 DOCUMENTATION 7.1 Each vehicle shall include a laminated "quick reference" card showing the lighting control keypad functions 7.2 Vendor must create and deliver detailed reference documents with component locations, any maintenance or diagnostic charts if applicable, and electrical diagrams with appropriate system identification 7.3 The reference documents, illustrations, and diagrams shall include, but not he limited to the following systems and items: 7.3.1 Emergency light and siren system Page 55 of 79 96 of 199 EXHIBIT A•1 RFD 10281 CHULA VISTA FORD SUBMISSION AND ADDENDUMS 7.3.2 Wiring harness 7.3.3 Any system added by vendor 7.3.4 Item specified during meeting 7.3.5 wire size and color 7.3.6 Diagram must show location of fuses 7.4 Provide reference documents, illustrations, diagrams in a hard copy and binder format 7.5 Reference documents, illustrations, and diagrams shall be provided in a digital format and shall include the same information as in number three of the Rear Console Section Warnings and safety precautions shall be identified clearly in the reference documents and diagrams. 7.6 Reference documents and diagrams shall be specifically created for the current production, and shall contain the following: 7.6.1.1 Job and or Production number 7.6,1.2 Table of contents 7.6.1.3 Parts section sorted in alphabetical order 7.6,1,4 Parts section in functional groups reflecting a major system, component, or assembly 7.6,15 Part numbers with full descriptions 8 WARRANTY 8.1 All Warranty repair services should be available by the warranty repair center responsible for all equipment repair identified in this specification, Service centers must be accessible within a I hour driving window under normal traffic conditions from any starting point within the geographical area of San Diego County. This local area service provider shall be capable of providing warranty repairs and parts replacement, product support and service with certified Law Enforcement Emergency Vehicle Technicians (L-1). 8.2 Up fitting Craftsmanship Warranty: 5 Years Unlimited Mileage 8.3 All wiring must be covered for (5) five years from the time of delivery 9 DELIVERY AND DEMONSTRATION 9.1 The successful bidder shall be responsible for the delivery of each completed vehicle to the County of San Diego's specified location. Location shall be specified by Contracting Officer Representative at time of delivery scheduling for each vehicle. 9.2 Delivery dates shall not exceed 188 days from receipt of purchase order. 9.3 On initial delivery of the first vehicle, the successful bidder shall supply a qualified representative to demonstrate the vehicle and provide initial instruction to representatives of the County of San Diego regarding the operation, care, and maintenance of the vehicle and equipment supplied at the County of San Diego's location. 9.4 Vehicle to be delivered with no less than tank of gas. Vehicles not meeting this requirement will not be accepted and payment on submitted invoices will be withheld until delivery requirements have been met. 9.5 All vehicles shall be delivered with current and valid California "Exempt" registration with license plates installed and registration cards provided al time of delivery unless otherwise previously requested by the County prior to the vehicle's scheduled delivery. Ownership information and department of motor vehicle registration information shall be provided by the County of San Diego prior to first vehicle delivery, 9,6 Deliveries are by appointment only & shall only occur between the hours of $:01am and 2:10pm PST, Monday - Friday. (Excluding County observed Holidays) Deliveries shall be limited in quantity to no more than twenty (21) vehicles per week. Page 56 of 79 97 of 199 EXHIBIT A•1 RFB 10281 CHULA VISTA FORD SUBMISSION AND ADDENDUMS 9.7 Vehicle delivery shall be coordinated with Fleet Management during normal business hours. All deliveries are to be made to: County of San Diego 5610 Overland Ave. San Diego, California 92123 Page 57 of 79 98 of 199 EXHIBIT A•1 RFB 10281 CHULA VISTA FORD SUBMISSION AND ADDENDUMS San Diego County Sheriff, 2015 Ford Utility nForce Exterior Lightbar Configuration Customizalton Ordering Information: Exterior Ughtbar Vehicle Type 117 Ford Utility Quantity lightbarLeegths 0 42" ® 48" 0 541 :) 24" 0 36" 0 60' 0 72" Wee Exit Side 0 Driver ® Passenger Mounting 5tylePursuit Fixed Freight Hook at PNFLBF23 Alleys ®Yes ONo l 48" Lightbar Front: Top Row = LED Count Middle Row = LED Color Driver Side (trent) LED Count LED Color Programmable Option (back) LED COUNT LED Color Programmable Option •D24 L • Third Row = Programmable Option D12 S09 D12 D12 509 EW R/W RED R/W 8/W BLUE BJW 11 12 13 14 15 16 \.3L32 33 34 35 36 1512 FJA D12 R/A D12 R/A D12 B/A D12 B/A D12 B/A D24 B/w D24 Passenger Side (troetl LED Court LED Color Programmable Option {back) LED COUNT JAI LED Color Programmable Option Lightbar Back: Top Row = LED Count Middle Row = LED Color Third Row = Programmable Option Page 58 of 79 99 of 199 EXHIBIT A-1 RFB 10281 CHULA VISTA FORD SUBMISSION AND ADDENDUMS Page 59 of 79 100 of 199 EXHIBIT A-1 RFB 10281 CHUTA VISTA FORD SUBMISSION AND ADDENDUMS Page 60 of 79 101 of 199 EXHIBIT A-1 RFB 10281 CHULA VISTA FORD SUBMISSION AND ADDENDUMS Page 61 of 79 102 of 199 EXHIBIT A-1 RFB 10281 CHULA VISTA FORD SUBMISSION AND ADDENDUMS Page62of79 103 of 199 EXHIBIT A-1 RFB 10281 CHUtA VISTA FORD SUBMISSION AND ADDENDUMS 1. DEFINITIONS "County" shall mean The County of San Diego, California "Offeror" shall mean any person, firm, partnership, or corporation submitting a proposal to County in response to this solicitation. "Contractor" shall mean the offeror whose proposal is accepted by County and who has entered into an agreement with County to provide the equipment and services described herein. "Vendor" shall mean the same as contractor. 2. DISABLED VETERANS BUSINESS ENTERPRISE PARTICIPATION ENCOURAGED (Rev. 11/97) County Board of Supervisor's policies B-53 and B-39 A encourages the participation of small and Disabled Veterans Business Enterprises (DVBE) in County procurement. Section A of this solicitation (Representations & Certifications) contains a description of the County's requirements to qualify as an (DVBE). Perspective (DVBE) bidders/offerors are encouraged to contact the Contracting Office representative listed on the face of this Request for Bid (RFB) or Request for Proposal (RFP) for information concerning the County's procurement procedures. 3. ASSIGNMENT OF RIGHTS, TITLE AND INTEREST In submitting a bid to a public purchasing body, the vendor offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 1 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the vendor. 4. CAL OSHA As applicable, all items furnished under this bid shall meet or exceed the standards established by the California Occupational Safety and Health Act of 1973 and current amendments thereto, provided the end use of the item is for the purpose for which the item is intended, 5. FORMAL BIDS In the event this bid results in a purchase order, terms and conditions of this bid are incorporated herein and form a part of the purchase order. In the even of any conflict or inconsistency between the terms of the formal bid or award, the terns of this formal bid shall control. 6. DELIVERY Time is of the essence, and the purchase order is subject to termination for failure to deliver on time. The acceptance by buyer of late performance with or without objection or reservation shall not waive the right to claim damage for such breach nor constitute a waiver of the requirements for the timely performance of any obligation remaining to be performed by the vendor. 7. INSPECTION All items or services are subject to final inspection and acceptance at designation by the County. Such final inspection shall be made within a reasonable time after delivery. 8. TERMINATION FOR DEFAULT The County may, by written notice of default to the vendor, terminate any resulting order in whole or in part should the vendor fail to make satisfactory progress, fail to deliver within time specified therein or fail to deliver in strict conformance to specifications and requirements set forth therein, In the event of such termination, the County reserves the right to purchase or obtain the supplies or services elsewhere, and the defaulting vendor shall be liable for the difference between the prices set forth in the terminated order and the actual cost thereof to the County. The prevailing market price shall be considered the fair repurchase price. Page 63 of 79 104 of 199 EXHIBIT A•1 RFB 10281 CHULA VISTA FORD SUBMISSION AND ADDENDUMS 8.1, lf, after notice of termination of this contract under the provisions of this clause, it is determined for any reason that the Contractor was not in default under this provisions of this clause, the rights and obligations of the parties shall, if the contract contains a clause providing for termination for convenience of the County, be the same as if the notice of termination had been issued pursuant to such clause. 8.2. The rights and remedies of County provided in this article shall not be exclusive and are in addition to any other rights and remedies provided by law or under resulting order. 9. TERMINATION FOR CONVENIENCE The County may, by written notice stating the extent and effective date, terminate any resulting order for convenience in whole or in part, at any time. The County shall pay the vendor as full compensation for performance until such termination; 9.1. The unit or pro rata price for the delivered and accepted portion. 9.2. A reasonable amount, as costs of termination, not otherwise recoverable from other sources by the vendor as approved by the County, with respect to the undelivered or unaccepted portion of the order, provided compensation hereunder shall in no event exceed the total price. 9.3. In no event shall the County be liable for any loss of profits on the resulting order or portion thereof so terminated. 9.4. The rights and remedies of County provided in this article shall not be exclusive and are in addition to any other rights and remedies provided by law or under resulting order. 10. TITLE Title to the material and supplies purchased shall pass directly from vendor to County at the F.O.B. point shown, subject to the right of County to reject upon inspection. 11. VARIATIONS IN SPECIFICATIONS The County reserves the right to waive a variation in specification if, in the opinion of the County, such variation does not materially change the item or its performance within parameters acceptable to the County. 12. HAZARDOUS SUBSTANCES (July 2008) if any product being delivered or supplied to the County under this contract/purchase order is listed in the Hazardous Substances List of the Regulations of the Director of Industrial Relations with the California Occupational Safely and Health Standards Board, or if the product presents a physical or health hazard as defined in the California Code of Regulations, General Industry Safety Order, Section 5194 (T8CCR), Hazard Communication, then the contractor must include a Material Safety Data Sheet (MSDS) with delivery, or shipment. Each MSDS must reference the contract/purchase order number, and identify the "Ship To Address". All shipments and containers must comply with the labeling requirements of Title 49, Code of Federal Regulations by identifying the hazardous substance, name and address of manufacturer, and appropriate hazard warning regarding potential physical safety and health hazard. (County of San Diego Administrative Manual, 0300-02, Hazard Communication Program). No product which is manufactured with fully halogenated chlorofluorocarbons (CFC) shall be delivered or supplied, or used on a job site in performance of this contract/purchase order unless specifically described in the stated requirements of this contract/purchase order or otherwise explicitly authorized by the County Director, Purchasing and Contracting. 13. PROHIBITED CONTRACTS Section 67 of the San Diego County Administrative Code provides that the County shall not contract with, and shall reject any bid or proposal submitted by the person or entities specified below, unless the Board of Supervisors finds that special circumstances exist which justify the approval of such contract: 13.1. Persons employed by the County or of public agencies for which the Board of Supervisors is the governing body; 13.2. Profit -making firms or businesses in which employees described in sub -section (a) of code serve as officers, principals, Page 64 of 79 105 of 199 EXHIBIT A•1 RFB 10281 CHULA VISTA FORD SUBMISSION AND ADDENDUMS partners, or major shareholders; 13.3. Persons who, within the immediately preceding twelve (12) months came within the provisions of the above sub -section and who (1) were employed in positions of substantial responsibility in the area of service to be performed by the contract, or (2) participated in any way in developing the contract or its service specifications; and 13.4. Profit -making firms or businesses in which the former employees described in sub -section 16.3 of code serve as officers, principals, partners, or major shareholders. With the affixing of a signature to your response to this solicitation, offeror certifies that the above provisions of the Code have been complied with, and that any exception will cause any ensuing contract to be invalid. 14. ESTIMATED OUANTITIES (March 1993) The Estimated Quantities in Section "A", Pricing Schedule, are provided solely for evaluation of bids. They represent approximate anticipated use based on historical consumption. If the County's actual requirements do not result in orders in the quantities described as "estimated" in the Schedule, that fact shall not constitute the basis for price adjustment. [5. AVAILABILITY OF FUNDING The County's obligation for payment of any contract beyond the current fiscal year end is contingent upon the availability of funding from which payment can be made. No legal liability on the part of the County shall arise for payment beyond June 39 of the calendar year unless funds are made available for such performance. 16. INSPECTION OF SERVICE/MATERIALS/SUPPLIES 16.1. All performance (which includes services, materials, supplies and equipment furnished or utilized in the performance of this contract, and workmanship in the performance of services) shall be subject to inspection and test by the County at all times during the term of the contract. The Contractor shall provide adequate cooperation to any inspector assigned by the County to permit the inspector to determine the Contractor's conformity with these specifications and the adequacy of the services being contractually provided. All inspection by the County shall be made in such a manner as not to unduly interfere with Contractor performance. 16.2. If any services performed hereunder are not in conformity with the specifications and requirements of this contract, the County shall have the right to require the Contractor to perform the services in conformity with said specifications and requirements at no additional increase in total contract amount. When the services to be performed are of such nature that the difference cannot be corrected, the County shall have the right to (1) require the Contractor immediately to take all necessary steps to ensure future performance of the services in conformity with requirements of the contract, and (2) reduce the contract price to reflect the reduced value of the services performed. In the event the Contractor fails to perform the services promptly or to take necessary steps to ensure future performance of the service in conformity with the specif- ications and requirements of the contract, the County shall have the right to either (1) by contract or to otherwise have the services performed in conformity with the contract specifications and charge to the Contractor any cost occasioned to the County that is directly related to the performance of such services, or (2) terminate this contract for default as provided in the Termination clause. 17. DUTY TO INQUIRE Should an Offeror find discrepancies in or omissions from the solicitation, plans, specifications or other documents, or should the Offeror be in doubt as to their meaning, the Offeror shall at once notify the Contracting Officer/Procurement Specialist in writing. If the point in question is not clearly and fully set forth, a written addendum will be issued and posted on the County's web site "BUYNET." It is the Offerors responsibility to periodically check the Web site for such addenda. The County will not be responsible for any oral instructions nor for any written materials provided by any County personnel that are not also posted on the BuyNet web site. 18. DISPUTES 18.1. Except as otherwise provided in this contract, any dispute concerning a question of fact arising under this contract which is not disposed of by agreement shall be decided by the Contracting Officer who shall furnish the decision to the Contractor in writing. The decision of the Contracting Officer shall be final and conclusive unless determined by the court of competent jurisdiction to have been fraudulent or capricious, or arbitrary, or so grossly erroneous as necessarily to imply Page 65 of 79 106 of 199 EXHIBIT A-1 RFB 10281 CHULA VISTA FORD SUBMISSION AND ADDENDUMS bad faith. The Contractor shall proceed diligently with the performance of the contract pending the Contracting Officer's decision. 18.2. The "Disputes" clause does not preclude consideration of legal questions in connection with decisions provided for in paragraph (A) above, Nothing in this contract shall be construed as making final the decision of any administrative official, representative, or board on a question of law. 19. CHANCES The Contracting Officer may at any time, by written order, make changes within the general scope of this contract, in the definition of services to be performed, and the time (i.e., hours of the day, days of the week, etc.) and place of performance thereof. If any such change causes an increase or decrease in the cost of, or the time required for the performance of any part of the work under this contract, whether changed or not changed by any such order, an equitable adjustment shall be made in the contract price or delivery schedule, or both, and the contract shall be modified in writing accordingly. Any claim by the Contractor for adjustment under this clause must be asserted within 30 days from the date of receipt by the Contractor of the notification of change; provided however, that the Contracting Officer, if be decides that the facts justify such action, may receive and act upon any such claim asserted at any time prior to final payment under this contract. Where the cost of property made obsolete or excess as a result of a change is included in the Contractor's claim for adjustment, the Contracting Officer shall have the right to prescribe the manner of disposition of such property. Failure to agree to any adjustment shall be a dispute concerning a question of fact within the meaning of the clause of this contract entitled "Disputes". However, nothing in this clause shall excuse the Contractor from proceeding with the contract as changed. 20. ASSIGNABILITY The Contractor shall not assign any interest in this contract, and shall not transfer any interest in the same (whether by assignment or novation), without the prior written consent of the County thereto; provided however, that claims for money due or to become due to the Contractor from the County under this contract may be assigned without such approval. Notice of any such assignment or transfer shall be furnished promptly to the County. 21. INDEMNITY County shall not be liable for, and Vendor shall defend and indemnify County and the employees and agents of County collectively, "County Parties") against any and all claims, demands, liability, judgments, awards, fines, mechanics' liens or other liens, labor disputes, losses, damages, expenses, changes or costs of any kind or character, including attorneys' fees and court costs (hereinafter collectively referred to as "Claims"), related to or arising out of this purchase order, and arising either directly or indirectly from any act, error, omission or negligence of Vendor or its contractors, licensees, agents, servants or employees, including Claims caused by the concurrent negligent act, error or omission of County Parties. However, Vendor shall have no obligation to defend or indemnify County Parties against Claims (1) to the extent they arise from the active concurrent negligence of County Parties, or (ii) caused by the sole negligence or willful misconduct of County Parties. 22. CONDUCT OF CONTRACTOR 22.1. The Contractor agrees to inform the County of all the Contractor's interests, if any, which are or which the Contractor believes to be incompatible with any interests of the County. 22,2. The Contractor shall not, under circumstances which might reasonably be interpreted as an attempt to influence the recipient in the conduct of his duties, accept any gratuity or special favor from individuals or organizations with whom the Contractor is doing business or proposing to do business, in accomplishing the work under the contract. 22.3. The Contractor shall not use for personal gain or make other improper use of privileged information which is acquired in connection with his employment. In this connection, the term "privileged information" includes, but is not limited to, unpublished information relating to technological and scientific development; medical, personnel, or security records of the individuals; anticipated materials requirements or pricing actions; and knowledge of selections of contractors or subcontractors in advance of official announcement. 22.4. The Contractor or employees thereof shall not offer gifts, gratuity, favors, entertainment directly or indirectly to County employees. 23. DISALLOWANCE Page 66 of 79 107 of 199 EXHIBIT A-1 RFB 10281 CHULA VISTA FORD SUBMISSION AND ADDENDUMS In the event the Contractor receives payment far services under this contract which is later disallowed by the County, the Contractor shall promptly refund the disallowed amount to the County an request, or at its option, the County may offset the amount disallowed from any payment due to the Contractor under any contract with the County. GOVERNING LAW This contract shall be construed and interpreted according to the laws of the State of California. 24. AUDIT AND INSPECTION OF RECORDS 24.1. General. The County shall have the audit and inspection rights described in this section. 24.2. Cost or pricing data, if the Contractor submitted cost or pricing data in connection with the pricing of this contract or any change or modification thereto, unless such pricing was based on adequate price competition, established catalog or market prices of commercial items sold in substantial quantities of the general public, or prices set by law or regulation, the Contracting Officer or his representatives who are employees of the County or its agent shall have the right to examine all books, records, documents and other data of the Contractor related to the negotiation pricing or performance of such contract, change or modification, for the purpose of evaluating the accuracy, completeness and currency of the cost or pricing data submitted. 24.3. Availability. The materials described above shall be made available at the office of the Contractor, at all reasonable times, for inspection, audit or reproduction, until the expiration of 3 years from the date of final payment under this contract, or by (1) and (2) below: 24.3.1. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for a period of three years from the date of any resulting final settlement. 24.3,2. Records which relate to appeals under the "Disputes" clause of this contract, or litigation or the settlement of claims arising out of the performance of this contract, shall be made available until such appeals, litigation, or claims have been disposed of, or three years after contract completion, whichever is longer. 24.4. The Contractor shall insert a clause containing all the provisions of this entire clause in all subcontracts hereunder except altered as necessary for proper identification of the contracting parties and the contracting officer under the County's prime contract. 25. PATENT AND COPYRIGHT INFRINGEMENT The contractor shall report to the contracting officer, promptly and in reasonable written detail, each notice or claim of patent or copyright infringement based on the performance of this contract of which the contractor has knowledge, 26. CONTRACTOR REPRESENTATION Unless the contractor expressly states otherwise in his proposal, where functional requirements are expressly stated as part of the requirements of this solicitation, the contractor, by responding, represents that in its opinion the system proposed is capable of meeting those requirements. In the event of any inconsistency between the functional specifications and the detailed specifications contained in the solicitation, the former will control. 27. WARRANTY Contractor agrees that the equipment, supplies or services to be furnished shall be covered by the moat favorable commercial warranties the contractor gives to any customer for the same or substantially similar equipment, supplies or services and that the rights and remedies so provided are in addition to and do not limit any rights afforded to County, 2E. INSURANCE Before commencement of the work, contractor shall submit Certificates of Insurance evidencing that contractor has obtained for the period of the contract, from generally recognized responsible insurer, insurance in the following forms of coverage and minimum amounts specified: Page 67 of 79 108 of 199 EXHIBITA•1 Fift310281 CHULA VISTA FORD SUBMISSION AND ADDENDUMS 28.1. A policy of Worker's Compensation in statutory amounts. 2E.2, Commercial General Liability insurance written on an "occurrence" basis and in an amount of not less than $1,000,000 each occurrence. 28.3. Automobile Liability Insurance covering owned, non -owned and hired automobiles in an amount not less than $1,000,000 combined single limit. 28.4. The policies (except for Workers' Compensation) shall name the County of San Diego as additional insured. 2E,5. Each policy of insurance shall contain the following clause: IT is agreed that these policies shall not be cancelled nor the coverage reduced until thirty (30) days after the COR shall have received written notice of such cancellation or reduction. The notice shall be deemed effective the date delivered to said COR, as evidenced by properly validated return receipt." 28.6. The County of San Diego shall retain the right at any time to review the coverage, form and amount of insurance required herein and may require contractor to obtain insurance sufficient in coverage, form and amount to provide adequate protection against the kind and extent of risk which exist at the time a change in insurance is required. County requirement shall be reasonable. 29. PERMITS, NOTICES, FEES AND LAWS The contractor shall, at contractor's expense, obtain all necessary permits and licenses, give all necessary notices, pay all fees required by law, and comply with all laws, ordinances, rules and regulations relating to work and to the preservation of the public health and safety. 30. AIR, WATER POLLUTION CONTROL, SAFETY AND HEALTH Contractor shall comply with all air pollution control, water pollution, Safety and Health Ordinances and statutes which apply to the work performed pursuant to this contract, including any requirements specified in state government codes. 31. FINDINGS CONFIDENTIAL Any reports, information, data, etc., given to or prepared or assembled by the Contractor under this Agreement which the County requests to he kept as confidential shall not be made available to any individual or organization by the Contractor without the prior written approval of the County. 32. 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. All reports, data and other materials prepared under this Agreement shall be the property of the County upon completion of this Agreement. 33. NOTICE Any notice or notices 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, return receipt requested, to the addresses set forth herein. 34, PRODUCT IDENTIFICATION AND LABELING Each package shall be identified with manufacturer's label, which shall conform to the requirements of the Fair Packaging and Labeling Act and Section 12604 of the California Business and Professions Code, 35. DRUG & ALCOHOL FREE WORKPLACE The County of San Diego, in recognition of individual rights to work in a safe, healthful and productive work place, has adopted a Page 68 at 79 109 of 199 EXHIBIT A.1 RFB 10281 CHULA VISTA FORD SUBMISSION AND ADDENDUMS requirement for a drug and alcohol free work place, County of San Diego Drug and Alcohol Use Policy C-25. This policy provides that all County employed Contractors and Contractor employees shall assist in meeting this requirement. 35.1. As a material condition of this agreement, the Contractor agrees that the Contractor and the Contractor employees, while performing service for the County, on County property, or while using County equipment: 35.1.1. Shall not be in any way impaired because of being under the influence of alcohol or a drug. 35,2. Shall not possess an open container of alcohol or consume alcohol or possess or be under the influence of an illegal drug. 35.2.1. Shall not sell, offer, or provide alcohol or a drug to another person. 35.2.2. Shall not be applicable to a Contractor or Contractor employee who, as part of the performance of nortnal job duties and responsibilities prescribes or administers medically prescribed drugs. 35.3. The Contractor shall inform all employees that are performing service for the County on County property or using County equipment, of the County objective of a safe, healthful and productive work place and the prohibition of drug or alcohol use or impairment from same while performing such service for the County. 35.4. The County may Terminate for Default or Breach this Agreement and any other Agreement the Contractor has with the County, if the Contractor, or Contractor employees are determined by the Contracting Officer not to be in compliance with the above. 36. ORDERING A purchase order for the County requirements will be sent to the successful bidder. The vendor shall complete delivery of items ordered to destinations set forth in the purchase order. Each purchase order shipment shall be accompanied by a priced invoice itemizing all material. Partial shipments are acceptable. 37. ORDERING WITH BLANKET PURCHASE AGREEMENT A blanket purchase agreement for the estimated requirements will be sent to the successful bidder. This will authorize the acceptance of releases from designated County departments for their requirements. The vendor shall complete delivery of items ordered to destinations set forth in the release. Each release shipment shall be accompanied by a priced invoice itemizing all material. Partial shipments are not acceptable when ordered by release. 38. INVOICES All deliveries must be accompanied by invoices or delivery tickets. A copy of each invoice or delivery ticket must be signed by the individual accepting delivery. Invoices shall include item, description, quantity, delivery point, price, terms, purchase order number, release number (if applicable to a blanket purchase agreement) and any data relative to the shipment. Original invoices shall be mailed to the County address as specified in the purchase order or blanket purchase agreement release. Discounts will be calculated flour receipt of merchandise or invoice, whichever is later. 39. PAYMENTS AND INVOICES The County is precluded from making payments prior to receipt of service or supplies (advance payments). The County will accept invoice for progress payments and if approved reimburse the Contractor up to 90% of the value of goods received. invoice subject to following: Original invoices will be submitted monthly, or at the completion of each phase or task, or at contract completion to the address specified in the purchase order or blanket purchase agreement release. 39.1. A copy of the invoice shall be submitted to the Contracting Officer's Representative (COR). 39.2. The invoice must specify items and deliverables for all items described in the "Statement of Work". 39.3. Payment shall be Net 30 Days from receipt and approval of invoice unless otherwise stated. Discounts will be calculated Page 69of79 110 of 199 EXHIBIT A.1 RFB 10281 CHULA VISTA FORD SUBMISSION AND ADDENDUMS from receipt of merchandise or invoice, whichever is later. 40. ACCEPTANCE OF COUNTY CREDIT CARD FOR PAYMENT 40.1, Orders may be paid using the County of San Diego credit card (VISA). 40.2. For your bid to be considered responsive, you must accept County of San Diego credit card for payment. 40.3. Pricing remains the same whether paid by credit card or check. 41. PRICE ADJUSTMENT, MANUFACTURER'S INCREASES 41.1. Manufacturer's general price increases to the trade or Industry may be passed on to the County only under the following conditions, and only if specifically authorized in the Award resulting from a Request for Bid (RFB). 41.1.1. Prices bid must be firm for the first six (6) months of the blanket agreement. 41.1.2. After the initial six (6) month period, price adjustments will be allowed for each line item. 41.1.3. Manufacturer's general price increase to the trade or industry is above five (5) percent and below thirty (30) percent. 41.1.4. All price increases or notices must be in writing from the vendor and the manufacturer and must be submitted to the Department of Purchasing and Contracting. The documentation from the manufacturer must include the item name, percent increase and date of price increase. The County reserves the right to NOT accept a requested price increase and to cancel the balance of the award. 41.2. If any price increase is authorized, it shall not apply to any order placed before the date on which the County authorizes the price increase nor shall it apply to any order placed within five (5) business days of the date on which the County authorizes the price increase. 41.3. Price adjustments will not be retroactive. 41.4. Pricing resulting from authorized price adjustments must be firm for the next six (6) months. 42. FLAMMABILITY AND TOXICITY Materials furnished under this order must meet or exceed minimum California State Fire Marshal's standard for flammability and toxicity for institutional fabrics. Vendor shall provide evidence of California Marshal's test results and approval number. 93. RECYCLED PRODUCTS SOLICITED 43.1. The County Board of Supervisors' Policy 8-67, Recycled Products Procurement, prescribes a County program to utilize products made with recycled materials, reusable products, and products designed to be recycled, to the maximum practical extent. The County, therefore, encourages suppliers to offer such products in response to the County's requirements or as an alternate for testing or review by the County with the attainable goal of future purchases of the recycled or recyclable product(s). 43.2. Established Guidelines for Recycled Content Products: Recycled Content Products are eligible for a five percent (5%) price preference when offered as an alternative to non -recycled products. The percentage preference shall be based on the lowest bid or price quoted by the supplier or suppliers offering non -recycled products. To be designated as a recycled content product, the product's material content shall be certified by the manufacturer to conform to postconsumer content standards as listed in EITHER the current Comprehensive Procurement Guidelines (CPG) website of the United States Environmental Protection Agency (EPA): httn://www.epa.gov/epg/prgducts.htm OR as listed in the current California Recycled Content Product Directory website: Page 70 of 79 111 of 199 EXHIBITA-1 RFB 10281 CHULA VISTA FORD SUBMISSION AND ADDENDUMS Itttp:llwww.ciwmb.ca.Rov/RCP/SABRC.asp,using whichever listing that requires the higher percentage of post consumer content. 43.3. Vendors/Suppliers offering recycled content products shall provide a current manufacturer's verifiable certification for the specific product provided, that specifically describes the nature of and percentages of recycled product content using the California Recycled Content Certification Form (CIWMB 74) which is available on the State of California website: httlr://www.ciwmb.ca. gov/Buv Recvc(ed/StateAaencv/Forms/CI W M BS74.doc 44. BRAND NAME OR EOUAL 44.1. If items called for in this Request for Bids have been identified in the schedule by a "brand name or equal" description; such identification is intended to be descriptive, but not restrictive, an is to indicate the quality and characteristics of products (including products of the brand name manufacturer other than the one described by the brand name) will be considered for award if such products are determined by the County to meet fully the salient characteristic requirements listed in the request. 44.2. Unless the bidder clearly indicates in the bid that an "or equal" product is being offered, bid shall be considered as offering the brand name product specified. 44.3. If the bidder proposes to furnish an "equal product, the brand name, if any, of the product to be furnished shall be inserted in the space provided in the Request for Bids, or such product shall be clearly identified in the bid. The evaluation of the bids and the determination as to equality of the product offered shall be the responsibility of the County and will be based upon the information furnished by the bidder, or identified in the bid as well as other information reasonably available to the Purchasing Activity, CAUTION TO BIDDERS: The Purchasing Activity is not responsible for locating or securing any information which is not identified in the bid and reasonably available to the Purchasing Activity. Accordingly, to insure that sufficient information is available, the bidder must furnish, as part of the bid, all descriptive material (such as cuts, illustrations, drawings, or other information) necessary for the Purchasing Activity to (1) determine whether the product offered meets the salient characteristic requirements of the Request for Bids, and (11) establish exactly what the bidder proposes to furnish and what the County is binding itself to purchase by making an award. The information furnished may include specific references to inforration previously furnished or to information otherwise available to the Purchasing Activity. 44.4. If the bidder proposes to modify a product so as to make it conform to the requirements of the Request for Bids, he shall (1) include in the bid a clear description of such modifications and (11) clearly mark any descriptive to show the proposed modifications. 44.5. Modifications proposed after bid opening to make a product conform to a brand name product referenced in the Request for Bids will not be considered. 45. CONTRACT PROGRESS MEETING The Contracting Officer's Representative (COR) and other County Personnel, as appropriate, will meet periodically with the Contractor to review the contract performance. At these meetings the COR will appraise the Contractor of how the County views the Contractor's performance and the Contractor will appraise the County of problems, if any, being experienced. The Contractor will also notify the Contracting Officer (in writing) of any work being performed, if any, that the Contractor considers to be over and above the requirements of the contracts. Appropriate action shall be taken to resolve outstanding issues. The minutes of these meetings will be reduced to writing and signed by the COR and the Contractor. Should the Contractor not concur with minutes, the Contractor will set out in writing any area of disagreement, Appropriate action will be taken to resolve any areas of disagreement. 46. INDEPENDENT CONTRACTOR The Contractor is, for all purposes arising out of this contract, an independent Contractor and shall not be deemed an employee of the County. It is expressly understood and agreed that the Contractor shall in no event, as a result of this contract, be entitled to any benefits to which County employees are entitled, including but not limited to overtime, any retirement benefits, worker's compensation benefits, and injury leave or other leave benefits. Page 71 of 79 112 of 199 EXHIBIT A•1 RFB 10281 CHUTA VISTA FORD SUBMISSION AND ADDENDUMS 47. SUBCONTRACT FOR WORK OR SERVICES (July 2008) No contract shall be made by the Contractor with any party for furnishing any of the work or services herein contained without the prior written approval of the Contracting Officer's Representative (COR); but this provision shall not require the approval of contracts of employment between the Contractor and personnel assigned for services thereunder, or for parties named in proposal and agreed to any resulting contract. Contractors are further reminded that it is the County's policy to encourage the participation of small and Disabled Veterans Business Enterprises. This includes: ensuring that, if available, small and Disabled Veterans Business Enterprise firms are solicited, where feasible dividing the requirement into smaller units for the purpose of greater participation, and establishing delivery and payment schedules which will facilitate participation by small and Disabled Veterans Business Enterprises. 4tt. INTEREST OF CONTRACTOR The Contractor covenants that it presently has no interest, including but not limited, to other projects or independent contracts, and shall not acquire any such interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this contract. The Contractor further covenants that in the performance of this contract, no person having any such interest shall be employed or retained by it under this contract, 49. PERFORMANCE AND PAYMENT BONDS The successful contractor will provide to the County a Performance Bond in a sum equal to one hundred percent and a Payment Bond in a sum equal to fifty percent of the contract with surety satisfactory to the County, within ten (10) working days after notice is received from the County that the contract has been awarded to him, The cost of providing the bond shall be considered as included in the price for the various item(s) and no additional compensation will be allowed therefor. If the contractor fails to provide the bonds within the time specified, the County may, at its option, determine that the contractor is in default and terminate the contract in accordance with the clause of the contract entitled "TERMINATION". 50. ADDITIONAL BOND SECURITY If any surety upon any bond furnished in connection with this contract becomes unacceptable to the County or if any such surety fails to furnish reports as his financial conditions from time to time as requested by the County or if the contract price is increased to such an extent that the penal sum of any bond becomes inadequate in the opinion of the Contracting Officer, the Contractor shall promptly fiimish such additional security as may be required from time to time to protect the interests of the County and of persons supplying labor or materials in the prosecution of the work contemplated by this contract. 51. LICENSING Attention is directed to the provisions of Chapter 9 of Division 3 of the Business and Professions Code concerning the licensing of contractors. All offerors and contractors shall be licensed, if required, in accordance with the laws of this state and any offeror or contractor not so licensed is subject to the penalties imposed by such laws. 52. DAMAGES FOR DELAY AND TIME EXTENSION 52.1. if the Contractor refuses or fails to prosecute the work, or any separable part thereof, with such diligence as will ensure its completion within the time specified in this contract, or any extension thereof, or fails to complete said work within such time, the County will be entitled to the resulting damages caused by the delay. Damages will be the cost to the County incurred as a result of continuing the current level and type of service over that cost that would be incurred had the contract segments been completed by the time frame stipulated and any other damages suffered by the County. 52,2, The Contractor's right to proceed shall not be terminated nor the Contractor charged with resulting damage if: 52,2.I. The delay in the completion of the work arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including but not restricted to acts of the public enemy, acts of the County in either its sovereign or contracting capacity, acts of another contractor in the County, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, unusually severed weather, or delays of subcontractors or suppliers arising from unforeseeable causes beyond the control and without the fault or negligence of both the Contractor and such subcontractors or suppliers, and Page 72 of 79 113 of 199 EXHIBITA•1 RFB 10281 CHULA VISTA FORD SUBMISSION AND ADDENDUMS 52.2.2. The Contractor, within 10 days from the beginning of any such delay (unless the Contracting Officer grants a further period of time before the date of final payment under the contract), notifies the Contracting Officer in writing of the causes of delay in (1) above The Contracting Officer shall ascertain the facts and the extent of the delay and extend the time for completing the work when, in his judgment, the findings of fact justify such an extension, and his findings of fact shall be final and conclusive on the parties subject only to appeal as provided in the clause of this contract entitled, "DISPUTES". 52.3. The rights and remedies of the County provided in this clause are in addition to any other rights and remedies provided by law or under this contract. 52,4. As used in paragraph (2.1) of this clause, the terms, "subcontractors or suppliers" means subcontractors or suppliers at any tier. 53. ANNUAL PRICE ADJUSTMENTS (This clause shall be effective only if specifically authorized in the Award resulting from a Request for Bid (RF13). The unit price paid for services under this contract shall each year after the first twelve (12) months be subject to an annual adjustment either up or down, on the contract anniversary date. Any annual adjustments, if approved, shall be effective for the unit prices to be paid for the succeeding 12-month period. 53.1. Any annual adjustments, if approved, shall be effective for the unit price to be paid for the succeeding 12-month period. For the purpose of such adjustments, the "index" referred to shall mean the "Consumers Price Index for All Urban Consumers, San Diego Metropolitan Area, ALL ITEMS, 1967=100" as prepared and released by the United States Department of Labor, Bureau of Labor Statistics. The last published index prior to the bid opening date for this contract shall be established as the "base index". 53.2. If during the term of this contract or any extension thereof, the "index" shall increase or decrease so as to vary more than five percent (5%) above or below the "base index" as provided herein, the unit price as set forth by the Contractor in the bid schedule or as last annually revised may be adjusted by the percentage of the increase/decrease. In no case shall any adjustment be made more frequently than at twelve (12) month intervals, or for an increment of Tess than five percent (5%). 54, PERSONNEL ASSIGNMENT AND REASSIGNMENT 54.1. Resumes of individuals who will be assigned to the project will be furnished. All such personnel will be assigned to the project in the event of contract award. 54.2. A proiect manager will be assigned, (if more than one individual is assigned) as the individual responsible for the overall performance of any resulting contract and will be directly responsible for responding to the Contracting Officer's Representative (COR) at all times during the term of this contract. 54.3. No reassignments of personnel will be allowed without full resume submittal, justification therefor and approval by the Contracting Officer's Representative (COR). 55. RICIIT TO ACQUIRE EQUIPMENT AND SERVICES Nothing in this agreement shall prohibit the County from acquiring the same type or equivalent equipment and/or service from other sources, when deemed by the County to be in its best interest. 56. SEVERABILITY Should any part of this agreement be held to be invalid by a court of competent jurisdiction, the remainder of the agreement shall be considered as the whole agreement and be binding on the contracting parties. 57. LIMITATION OF FUTURE CONTRACTS 57.1. It is agreed by the parties to the contract that the Contractor will be restricted in its future contracting with the County to Page 73 of 79 114 of 199 EXHIBIT A-1 RFI3 10281 CHULA VISTA FORD SUBMISSION AND ADDENDUMS the manner described below. Except as specifically provided in this clause, the Contractor shall be free to compete for business on an equal basis with other companies. 57.2. If the Contractor, under the terms of the contract, or through the performance of tasks pursuant to this contract, is required to develop specifications or statements of work and such specifications or statements of work are to be incorporated into a solicitation, the Contractor shall be ineligible to perform the work described within that solicitation as a prime or subcontractor under an ensuing County contract. It is further agreed, however, that the county will not as additional work or by change, unilaterally require the contractor to prepare such specifications or statements of work under this contract. 57.3. To the extent that the work under this contract requires access to proprietary, business confidential or financial data of other companies, and as long as such data remains proprietary or confidential, the Contractor shall protect such data from unauthorized use and disclosure and agrees not to use it to compete with such companies, 58. PREVAILING WAGES The Contractor shall be in compliance with all provisions of the California Labor Code in its most current form. The information presented below lists some of the provisions of the code and is not meant to be exhaustive. offerors are cautioned that the Code is subject to change and that they, and not the County, are responsible for responding to these changes. HOURS OF WORK: Eight hours of labor shall constitute a legal day's work and forty (41) hours of labor during any calendar week shall constitute a legal week's work upon all work done under this contract. Provided, however, work performed by employees of the contractor in excess of 8 hours per day, and 44 hours per week, shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day, and 4i hours per week, at not less than 1-1/2 times the basic rate of pay. WAGE RATE: In accordance with Section 1771 of the California LaborCode, the Director of the Department of Industrial Relations of the State of California has determined the general prevailing rate for holiday and overtime work in accordance with the standards set forth in Section 1773 of the Labor Code. The County Board of Supervisors has obtained from the Director of the State Department of Industrial Relations the general prevailing rate of per them wages and general prevailing rate for holiday and overtime work for the locality in which this contract is to be performed for each craft, classification or type of worker needed to execute the contract. Said determination, known as "General Prevailing Wage Determination," is on file and is available in the Office of the Clerk of the Board of Supervisors, I611 Pacific Highway, San Diego, CA 92141. Rates may also be obtained by calling the State DM, at {619) 237-7334. Not less than these rates shall be paid to all workers employed on the project. Not less than the general rate of per diem wages, and not less than the general prevailing rate of per diem for holiday and overtime work as determined by the Director of the Department of Industrial Relations shall be paid to all workers employed on the project. The holidays upon which such rates shall be paid shall be all holidays recognized in the collective bargaining agreement applicable to the particular craft, classification or type of worker employed on the project. Per diem wages shall be deemed to include employer payments for health and welfare, pensions, vacation, travel time, and subsistence pay as provided for in Section 1773.E of the Labor Code, apprenticeship of other training programs authorized by Section 3193 of the Labor Code, and similar purposes. Pursuant of Section 1773,2 of the Labor Code {Chapter 8976, Statutes of 1974), the general prevailing wage rates of the Department of Industrial Relations, State of California, shall be posted by the contractor in a prominent place at the site of the work. TRAVEL ANI) SUBSISTENCE PAYMENTS: As required by Section 1773.1, per diem wages as determined by the Director of the Department of Industrial Relations shall be deemed to include payments for travel time, an subsistence pay as provided for the Section 1773.8 of the Labor Code. Travel payments, in addition to travel time payment under Section 1773.1, if any, as such travel payments are defined in applicable collective bargaining agreements filed in accordance with Section 1773.8 of the Labor Cole, shall be paid by the contractor or sub -contractor as required by said Section 1773.8. APPRENTICES: 1 Page 74 of 79 115 of 199 .v.....`....a a��a_. n[s'��av�S:.a EXHIBIT A.1 RFB 10281 CHULA VISTA FORD SUBMISSION AND ADDENDUMS Pursuant to Sections 1777.5 and 1777.6 of the Labor Code and in accordance with regulations of the California Apprenticeship Council and local apprenticeship standards for the trade, registered apprentices may be employed in the prosecution of the work. Contractor is advised to review the provisions of Section 1777,7 of the Labor Code relating to noncompliance with Section 1777.5 of the Labor Code. 59. PAYROLL RECORDS The contractor's attention is directed to the following provisions of Labor Code Section 1776 (Stats, 1987, Ch, 1249). The contractor shall be responsible for the compliance with these provisions by his subcontractors. 59,1. Each contractor and subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed by him or her in connection with the public work. 59.2. The payroll records enumerated under subdivision 63.1 shall be certified and shall be available for inspection at all reasonable hours at the principal office of the contractor on the following basis: 59.2.1. A certified copy of an employee's payroll record shall be made available for inspection or furnished to such employee or his or her authorized representative on request. 59,2,2. A certified copy of all payroll records enumerated in subdivision 63,1 shall be made available for inspection or furnished upon request to a representative of the body awarding the contract, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. 59.2.3. A certified copy of all payroll records enumerated in subdivision 63.1 shall be made available upon request to the public for inspection or copies thereof made; provided, however, that a request by the public shall be made through either the body awarding the contract, the Division of Apprenticeship Standards, or the division of Labor Standards Enforcement. The public shall not be given access to such records at the principal office of the contractor. 59.3. Each contractor shall file a certified copy of the records enumerated in subdivision 63.1 with the entity that requested such records within ten (10) days after receipt of a written request. 59,4. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the awarding body, the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual's name, address and social security number. The name and address of the contractor awarded or performing the contract shall not be marked or obliterated. 59.5. The contractor shall inform the body awarding the contract of the location of the records enumerated under subdivision 63.1, including the street address, city and county, and shall, within five (5) working days, provide a notice of a change of location and address. 59,6. In the event of noncompliance with the requirements of this section, the contractor shall have ten (10) days in which to comply subsequent to receipt of written notice specifying in what respects such contractor must comply with this section, Should noncompliance still be evident after such ten-day period, the contractor shall, as a penalty to the State or political subdivision on whose behalf the contract is made or awarded, forfeit twenty-five dollars for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated, Upon the request of the Division of Apprenticeship Standards or Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. 60, SUBCONTRACTING The following definitions and requirements shall apply to any subcontract, supplier and equipment rental agreements entered into by the prime contractor relating to this project. 60,1. Definitions Page 75 of 79 116 of 199 EXHIBIT A•1 RFB 10281 CHULA VISTA FORD SUBMISSION AND ADDENDUMS "Subcontractor" a person, firm or corporation supplying labor and materials or equipment, or labor only, for work at the project for and under separate contract or agreement with, the Contractor. Each subcontractor shall be properly licensed by the State of California to perform the work contemplated to be performer) under his direction. "Owner -Operator", a person who has legal or equitable title to his equipment and operates the equipment themselves on work at the project; operates only that equipment to which he/she has legal or equitable title, has no employees (except where necessary to assist in operating the equipment) and has only one piece of equipment at the project at any one time. For the purpose of this contract, owner -operators are considered to be employees of the Contractor or the subcontractor which engaged their services. "Incorporated Owner -Operator", a corporation which owns, operates, and maintains one or more items of equipment and rents out the equipment, operated and maintained, for the work at the project. For the purpose of this contract, an incorporated owner -operator is considered to be a rental firm. "Equipment Rental Firm", a person (other than owner -operator), firm or corporation which rents out equipment, operated and maintained, for work at the project. For the purpose of this contract, an equipment rental firm is considered to be a subcontractor with regard to labor provision only. "Supplier", a person, firm or corporation which furnishes materials and supplies to the project from a commercial or industrial source. "Labor Provisions", any requirement regarding wage rates, hours of work, travel and subsistence payments, records, apprentices, safety and health, affirmative action requirements and equal employment opportunity, as set forth in the contract documents, or as required by law, rules and regulations. 60.2. Requirements All workers under this contract shall come under the applicable labor provisions. Workers include, but are not limited to, employees of the Contractor, subcontractors and their employees, equipment rental firm employees, and owner -operators. Workers do not include employees of suppliers solely involved in transporting materials and supplies to or from the location of the project. The Contractor shall notify the Project Manager of the name and address of each equipment rental firm which the Contractor has employed work at the project. Such notice shall be given not later than one working day after the equipment rental film has begun work at the project. The Contractor shall notify the Project Manager of the name and address of each equipment rental firm which the Contractor has employed work at the project. Such notice shall be given not later than one working day after the equipment rental firm has begun work at the project. The Contractor shall bind, by written agreement, each equipment rental firm employed on the project to the conditions of the contract with the County regarding labor provisions. Where the contract provides that the Contractor shall perform with his own organization contract work amounting to not less than 50 percent of the original total contract price, the following items will be considered; "His own organization" shall be construed to include only workers employed and paid directly by the prime contractor and equipment owned or rented by him, with or without operators. The contract amount upon which the 50percent requirement is computed includes the cost of materials and manufactured products which are to be purchased or produced by the Contractor under the contract provisions. If the Contractor shall subcontract any of the work under this contract, Contractor shall be fully responsible to County for the acts Page 76 of 79 } 117 of 199 EXHIBITA-1 RFB 10281 CHULA VISTA FORD SUBMISSION AND ADDFNDUMS or omissions of his subcontractor and of the persons either directly or indirectly employed by his subcontractor and County. Contractor shall bind every subcontractor (and every subcontractor of a subcontractor) by the terms of this contrary in the subcontract in question and approved in writing by the Director. Page 77 of 79 ) 1 118 of 199 JOHN M. PELLEGRINO DIRECTOR April 21, 2020 EXHIBIT A-1 RFB 10281 CHULA VISTA FORD SUBMISSION AND ADDENDUMS (Cruxxntu .af 5an reju DEPARTMENT OF PURCHASING AND CONTRACTING 5560 OVERLAND AVENUE, SUITE 270, SAN DIEGO, CALIFORNIA 92123-1204 Phone (858) 505-6367 Fax (858) 715.6452 ADDENDUM No. 1 POLICE INTERCEPTOR VEHICLES — RFB 10281 Allen R. Hunsberger Assistant Director Addendum No. 1 forms a part of the contract documents and changes the original documents only in the manner and to the extent stated. CHANGES: 1. The Zink for the virtual bid opening for this bid is: https://sdcountyca.webex.com/sdcountyca/i.nhp?MTID=m65947719b39c7733d1 db 174f89fdf5be QUESTIONS AND ANSWERS: Q: Would you be open to a fleet management company participating in your RFB for the 49 Ford Police Interceptors? A: Yes. If the interested fleet management company is authorized to sell new vehicles as a dealer and is able to abide by all the requirements in this solicitation, the company may participate in this solicitation. If you have any questions, please contact Victoria Barboza, Procurement Contracting Specialist at (858) 505-6410, or by email at Victoria.Barboza@sdcounty.ca.gov. Page 78 of 79 119 of 199 JOHN M. PELLEGRINO DIRECTOR May 14, 2020 EXHIBIT A.1 RFB 10281 CHULA VISTA FORD SUBMISSION AND ADDENDUMS Cruaxntu of ,San piegn DEPARTMENT OF PURCHASING AND CONTRACTING 5560 OVERLAND AVENUE, SUITE 270, SAN DIEGO, CALIFORNIA 92123-1204 Phone (858) 505.6387 Fax (858) 715.6452 ADDENDUM No. 2 Allen R. Hunsberger Assla.ant Director FORTY NINE (49) FORD POLICE INTERCEPTOR UTILITY VEHICLES — RFB 10281 Addendum No. 2 forms a part of the contract documents and changes the original documents only in the manner and to the extent stated. CLARIFICATIONS 1. In person delivery of bids will not be accepted per COVID-19 instructions on page 1 and 2 of the RFH. Only electronic uploads on BuyNet will be accepted. 2. The following language is removed from the bid: "Each bid must be in a separate sealed envelope with bid number on the outside and must be delivered to the County Purchasing and Contracting Department, Front Desk (where it will be time stamped to indicate time of receipt), 5560 Overland Avenue, Suite 270, San Diego, CA 92123, no later than 11:00 A.M. on August 30, 2019. Bids will be publicly opened at that time." If you have any questions, please contact Victoria Barboza, Procurement Contracting Specialist at (858) 505-6410, or by email at victoria.barboza@sdcounty.ca.gov. Page 79 (179 } 120 of 199 COUNTY OF SAN DIEGO — DEPARTMENT OF PURCHASING AND CONTRACTING CONTRACT NO. 562779 AMENDMENT NO. 1 CV AUTOMOTIVE GROUP INC("Contractor`) and the County of San Diego ("County") enter into this amendment ("Amendment") to amend the above -referenced contract ("Contract") as described herein. Title of Contract: Ford Police Interceptor Utility Vehicles Amendment Ef active Date: Date signed by the Department of Purchasing and Contractink Description of Contract Change(s): I. Contract Terms and Work: The contract terms and work are changed as follows: 1.1. Headlamps order and installation is cancelled. (Lines 6 and 27 in PO 562779) 1.2. Ballistic panels brand is changed from DEW to ANGEL ARMOR (Lines 13 and 34 in PO 562779) 1.3. Additional labor required for ballistic door panel change. 2. Compensation: The contract compensation is decreased by $99,078 for a new contract value of52,699,279.75. 2.1. Total reduction for cancellation of headlamps is S41,209. 2.2. Ballistic panels price is reduced from 54,541 to S3,I50 fora total reduction of S68,159. 2.3. Additional labor for ballistic door panel change at 5210 per vehicle for a price increase of S 10,290. 3. Term of Agreement: The period of performance remains unchanged. Alt other terms and conditions of the Contract shall remain in effect. IN WITNESS WHEREOF, County and Contractor have executed this Amendment effective as of the date set forth above. This Amendment is not valid unless signed by Contractor and the County Department of Purchasing and Contracting. CONTRACTOR: 4� t_ %t By: Title: 0-4 c — tit,tnt Date: irJ COUNTY: Department Review and Recommended Approval: By: LEO ARD ROSE, Chief Departmental OperntTons Fleet Date: D6r-/rJ - 2.0 2-0 APPROVED: By: -� �•,� JOHN M. PELLEGRINO, Director Department of Purchasing and Contracting Date: 57/4 e AC. s� 5/2/2017 v4 CONTRACT" a 562779 AMENDMENT 4 121 of 199 The following page(s) contain the backup material for Agenda Item: Warrant Register #25 for the period of 12/16/20 through 12/22/20 in the amount of $552,952.55. (Finance) Please scroll down to view the backup material. 122 of 199 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 2, 2021 AGENDA ITEM NO.: ITEM TITLE: Warrant Register #25 for the period of 12/16/20 through 12/22/20 in the amount of $552,952.55. (Finance) PREPARED BY: Karla Apalategui, Senior Accounting Assistant DEPARTMENT: Finance PHONE: 619-336-4572 EXPLANATION: APPROVED BY: Per Government Section Code 37208, below are the payments issued for period 12/16/20 - 12/22/20. Consistent with Department of Finance's practice, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation Public Emp Ret System Public Emp Ret System 121620 262,559.70 121720 263,650.53 Service Period 11/3/20-11/16/20 Service Period 11 /17/20-11 /30/20 FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $552,952.55. APPROVED: FINANCE APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION STAFF RECOMMENDATION: Ratify warrants totaling $552,952.55. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Warrant Register # 25 123 of 199 1 if _`4+ CALIFORNI N,, . ,' .ON LPL � ZNCORPORAT WARRANT REGISTER # 25 12/22/2020 PAYEE DESCRIPTION CHK NO DATE AMOUNT WIRED PAYMENTS ARCO BUSINESS SOLUTIONS PUBLIC EMP RETIREMENT SYSTEM PUBLIC EMP RETIREMENT SYSTEM NO WARRANTS PROCESSED FOR WEEK 25 A/P Total 0.00 CITYWIDE FUEL CHGS 11/01/20-11/30/2020 18108 12/17/20 26,742.32 SERVICE PERIOD 11/03/2020-11/16/2020 121620 12/16/20 262,559.70 SERVICE PERIOD 11/17/20-11/30/2020 121720 12/17/20 263,650.53 GRAND TOTAL $ 552,952.55 1/1 124 of 199 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. PHILLIP DAVIS, FINANCE BRAD RAULSTON, CITY MANAGER FINANCE COMMITTEE ALEJANDRA SOTELO-SOLIS, MAYOR -CHAIRWOMAN JOSE RODRIGUEZ, VICE -MAYOR MARCUS BUSH, COUNCIL MEMBER RONALD J. MORRISON, COUNCIL MEMBER MONA RIOS, COUNCIL MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 2nd OF FEBRUARY, 2021. AYES NAYS ABSENT 125 of 199 The following page(s) contain the backup material for Agenda Item: Warrant Register #26 for the period of 12/23/20 through 12/29/20 in the amount of $1,113,274.01. (Finance) Please scroll down to view the backup material. 126 of 199 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 2, 2021 AGENDA ITEM NO.: ITEM TITLE: Warrant Register #26 for the period of 12/23/20 through 12/29/20 in the amount of $1,113,274.01. (Finance) PREPARED BY: Karla Apalategui, Senior Accounting Assistant DEPARTMENT: Finance PHONE: 619-336-4572 EXPLANATION: APPROVED BY: Per Government Section Code 37208, below are the payments issued for period 12/23/20 - 12/29/20. Consistent with Department of Finance's practice, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation No Payments over $50,000 for this period FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $1,113,274.01. APPROVED: FINANCE APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION STAFF RECOMMENDATION: Ratify warrants totaling $1,113,274.01. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Warrant Register # 26 127 of 199 1 if _` + CALIFORNI, ZNCORFORAT WARRANT REGISTER # 26 12/29/2020 PAYEE DESCRIPTION CHK NO DATE AMOUNT NO WARRANTS PROCESSED FOR WEEK 26 PAYROLL Pay period Start Date End Date Check Date 26 12/1/2020 12/14/2020 12/23/2020 A/P Total 0.00 1,113,274.01 GRAND TOTAL $ 1,113,274.01 1/1 128 of 199 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. PHILLIP DAVIS, FINANCE BRAD RAULSTON, CITY MANAGER FINANCE COMMITTEE ALEJANDRA SOTELO-SOLIS, MAYOR -CHAIRWOMAN JOSE RODRIGUEZ, VICE -MAYOR MARCUS BUSH, COUNCIL MEMBER RONALD J. MORRISON, COUNCIL MEMBER MONA RIOS, COUNCIL MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 2nd OF FEBRUARY, 2021. AYES NAYS ABSENT 129 of 199 The following page(s) contain the backup material for Agenda Item: Warrant Register #27 for the period of 12/30/20 through 1/05/21 in the amount of $1,334,676.58. (Finance) Please scroll down to view the backup material. 130 of 199 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 2, 2021 AGENDA ITEM NO.: ITEM TITLE: Warrant Register #27 for the period of 12/30/20 through 1/05/21 in the amount of $1,334,676.58. (Finance) PREPARED BY: Karla Apalategui, Senior Accounting Assistant DEPARTMENT: Finance PHONE: 619-336-4572 EXPLANATION: APPROVED BY: Per Government Section Code 37208, below are the payments issued for period 12/30/20 - 1/05/21. Consistent with Department of Finance's practice, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation SDG&E 350757 55,630.16 Gas and Electric Utilities / PW FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $1,334,676.58. APPROVED: FINANCE APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION STAFF RECOMMENDATION: Ratify warrants totaling $1,334,676.58. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Warrant Register # 27 131 of 199 _`4+ CALIFORNI N,, .,'.ONAL � ZNCORPORAT WARRANT REGISTER # 27 1/5/2021 PAYEE DESCRIPTION ACEDO, I RETIREE HEALTH BENEFITS - JAN 2021 ANDERSON, E RETIREE HEALTH BENEFITS - JAN 2021 BEARD, P RETIREE HEALTH BENEFITS - JAN 2021 BECK, L RETIREE HEALTH BENEFITS - JAN 2021 BISHOP, R RETIREE HEALTH BENEFITS - JAN 2021 BOEGLER, C RETIREE HEALTH BENEFITS - JAN 2021 BULL, P RETIREE HEALTH BENEFITS - JAN 2021 CAMEON, C RETIREE HEALTH BENEFITS - JAN 2021 CARRILLO, R RETIREE HEALTH BENEFITS - JAN 2021 COLE, L RETIREE HEALTH BENEFITS - JAN 2021 COLLINSON, C RETIREE HEALTH BENEFITS - JAN 2021 CONDON, D RETIREE HEALTH BENEFITS - JAN 2021 CORDERO, E RETIREE HEALTH BENEFITS - JAN 2021 DALLA, M RETIREE HEALTH BENEFITS - JAN 2021 DANESHFAR, Z RETIREE HEALTH BENEFITS - JAN 2021 DEESE, L RETIREE HEALTH BENEFITS - JAN 2021 DESROCHERS, P RETIREE HEALTH BENEFITS - JAN 2021 DIAZ, M RETIREE HEALTH BENEFITS - JAN 2021 DILLARD, S RETIREE HEALTH BENEFITS - JAN 2021 DREDGE, J RETIREE HEALTH BENEFITS - JAN 2021 EISER III, G RETIREE HEALTH BENEFITS - JAN 2021 ESPIRITU, D RETIREE HEALTH BENEFITS - JAN 2021 ETZLER, J RETIREE HEALTH BENEFITS - JAN 2021 FABINSKI, D RETIREE HEALTH BENEFITS - JAN 2021 FERNANDEZ, R RETIREE HEALTH BENEFITS - JAN 2021 FIFIELD, K RETIREE HEALTH BENEFITS - JAN 2021 GAUT, A RETIREE HEALTH BENEFITS - JAN 2021 GELSKEY, K RETIREE HEALTH BENEFITS - JAN 2021 GIBBS JR, R RETIREE HEALTH BENEFITS - JAN 2021 GONZALES, M RETIREE HEALTH BENEFITS - JAN 2021 HANSON, E RETIREE HEALTH BENEFITS - JAN 2021 HARLAN, M RETIREE HEALTH BENEFITS - JAN 2021 HAUG, S RETIREE HEALTH BENEFITS - JAN 2021 HERNANDEZ, G RETIREE HEALTH BENEFITS - JAN 2021 HERNANDEZ, M RETIREE HEALTH BENEFITS - JAN 2021 HERNANDEZ, R RETIREE HEALTH BENEFITS - JAN 2021 HODGES, B RETIREE HEALTH BENEFITS - JAN 2021 IBARRA, J RETIREE HEALTH BENEFITS - JAN 2021 JONES, D RETIREE HEALTH BENEFITS - JAN 2021 JUNIEL, R RETIREE HEALTH BENEFITS - JAN 2021 KIMBLE, R RETIREE HEALTH BENEFITS - JAN 2021 KLOS, F RETIREE HEALTH BENEFITS - JAN 2021 LAFRENIERE, M RETIREE HEALTH BENEFITS - JAN 2021 LEACH, D RETIREE HEALTH BENEFITS - JAN 2021 LIMFUECO, M RETIREE HEALTH BENEFITS - JAN 2021 MATIENZO, M RETIREE HEALTH BENEFITS - JAN 2021 MCCABE, T RETIREE HEALTH BENEFITS - JAN 2021 MCDANIEL, P RETIREE HEALTH BENEFITS - JAN 2021 1/5 CHK NO DATE AMOUNT 350587 1/5/21 160.00 350588 1/5/21 110.00 350589 1/5/21 70.00 350590 1/5/21 140.00 350591 1/5/21 110.00 350592 1/5/21 260.00 350593 1/5/21 580.00 350594 1/5/21 400.00 350595 1/5/21 290.00 350596 1/5/21 165.00 350597 1/5/21 420.00 350598 1/5/21 280.00 350599 1/5/21 520.00 350600 1/5/21 900.00 350601 1/5/21 250.00 350602 1/5/21 660.00 350603 1/5/21 110.00 350604 1/5/21 680.00 350605 1/5/21 480.00 350606 1/5/21 250.00 350607 1/5/21 250.00 350608 1/5/21 620.00 350609 1/5/21 460.00 350610 1/5/21 220.00 350611 1/5/21 270.00 350612 1/5/21 540.00 350613 1/5/21 700.00 350614 1/5/21 115.00 350615 1/5/21 120.00 350616 1/5/21 480.00 350617 1/5/21 135.00 350618 1/5/21 500.00 350619 1/5/21 120.00 350620 1/5/21 500.00 350621 1/5/21 600.00 350622 1/5/21 400.00 350623 1/5/21 200.00 350624 1/5/21 780.00 350625 1/5/21 480.00 350626 1/5/21 50.00 350627 1/5/21 300.00 350628 1/5/21 480.00 350629 1/5/21 660.00 350630 1/5/21 600.00 350631 1/5/21 160.00 350632 1/5/21 100.00 350633 1/5/21 280.00 350634 1/5/21 290.00 132 of 199 ACME SAFETY & SUPPLY CORP 8 - CLASS 3 REF HOODED SWEAT SHIRTS ADDICTION MEDICINE DOT DRUG & ALCOHOL TESTING PROGRAM 2021 ALDEMCO FOOD NUTRITION ALL FRESH PRODUCTS COVID 19 CONSUMABLES ANDERSON JR, S CITATION REFUND - AUG 2020 ANDERSON, S TRAINING REIMB INTR INTRRG STEVENS ANGELO'S TOWING AND RECOVERY TOW SERVICE FOR NCPD BALLARDO, D TRAINING REIMB RADAR BALLARDO BASTIDA, J TRAINING ADV LDG RPT WRTNG BASTIDA BICKMORE ACTUARIAL GEN LIABILITY INS & WC CLAIM COST BOOT WORLD MOP 64096 SAFETY WEARING APPAREL - PW BRIONES RANGEL, JOSE CITATION REFUNDS - AUG 2020 BROADWAY AUTO GLASS OFF -SITE WINDOW TINT, REPAIR CALIFORNIA ASSOCIATION OF CODE CACEO WEBINAR SORIANO / NSD CALIFORNIA DIESEL COMPLIANCE DPF SERVICE STAGE I PNEUMATIC CALIFORNIA PARK ASSOCIATION CPRS ELYANA DELGADO MEMBERSHIP 2/5 _` + CALIFORNI N,, .,'.ONAL Grrivc ZNCORFORAT WARRANT REGISTER # 27 1/5/2021 PAYEE DESCRIPTION CHK NO DATE AMOUNT MEDINA, D RETIREE HEALTH BENEFITS - JAN 2021 350635 1/5/21 105.00 MEEKS, J RETIREE HEALTH BENEFITS - JAN 2021 350636 1/5/21 460.00 MENDOZA, G RETIREE HEALTH BENEFITS - JAN 2021 350637 1/5/21 290.00 MINER, D RETIREE HEALTH BENEFITS - JAN 2021 350638 1/5/21 580.00 MORRISON, R RETIREE HEALTH BENEFITS - JAN 2021 350639 1/5/21 520.00 NAGLE, D RETIREE HEALTH BENEFITS - JAN 2021 350640 1/5/21 460.00 NOTEWARE, D RETIREE HEALTH BENEFITS - JAN 2021 350641 1/5/21 120.00 OLIVARES, G RETIREE HEALTH BENEFITS - JAN 2021 350642 1/5/21 280.00 OLIVERIA, H RETIREE HEALTH BENEFITS - JAN 2021 350643 1/5/21 360.00 PAUU JR, P RETIREE HEALTH BENEFITS - JAN 2021 350644 1/5/21 340.00 PEASE JR, D RETIREE HEALTH BENEFITS - JAN 2021 350645 1/5/21 140.00 PETERS, S RETIREE HEALTH BENEFITS - JAN 2021 350646 1/5/21 290.00 POST, R RETIREE HEALTH BENEFITS - JAN 2021 350647 1/5/21 280.00 RAY, S RETIREE HEALTH BENEFITS - JAN 2021 350648 1/5/21 190.00 ROARK, L RETIREE HEALTH BENEFITS - JAN 2021 350649 1/5/21 135.00 RODRIGUEZ, M RETIREE HEALTH BENEFITS - JAN 2021 350650 1/5/21 260.00 RUIZ, J RETIREE HEALTH BENEFITS - JAN 2021 350651 1/5/21 310.00 SANCHEZ, L RETIREE HEALTH BENEFITS - JAN 2021 350652 1/5/21 330.00 SERVATIUS, J RETIREE HEALTH BENEFITS - JAN 2021 350653 1/5/21 340.00 SHOEMAKER, M RETIREE HEALTH BENEFITS - JAN 2021 350654 1/5/21 480.00 SHORT, C RETIREE HEALTH BENEFITS - JAN 2021 350655 1/5/21 300.00 SILVA, L RETIREE HEALTH BENEFITS - JAN 2021 350656 1/5/21 580.00 SMITH, J RETIREE HEALTH BENEFITS - JAN 2021 350657 1/5/21 320.00 SMITH, M RETIREE HEALTH BENEFITS - JAN 2021 350658 1/5/21 560.00 STEWART, W RETIREE HEALTH BENEFITS - JAN 2021 350659 1/5/21 200.00 STRASEN, W RETIREE HEALTH BENEFITS - JAN 2021 350660 1/5/21 135.00 TIPTON, B RETIREE HEALTH BENEFITS - JAN 2021 350661 1/5/21 250.00 VERRY, L RETIREE HEALTH BENEFITS - JAN 2021 350662 1/5/21 280.00 VILLAGOMEZ, J RETIREE HEALTH BENEFITS - JAN 2021 350663 1/5/21 480.00 WHITE, J RETIREE HEALTH BENEFITS - JAN 2021 350664 1/5/21 230.00 YBARRA, Y RETIREE HEALTH BENEFITS - JAN 2021 350665 1/5/21 220.00 RETIREE HEALTH DEPARTMENT 27,070.00 350666 1/5/21 628.31 350667 1/5/21 1,350.00 350668 1/5/21 4,386.72 350669 1/5/21 1,341.00 350670 1/5/21 10.00 350671 1/5/21 59.55 350672 1/5/21 180.00 350673 1/5/21 24.00 350674 1/5/21 114.18 350675 1/5/21 4,500.00 350676 1/5/21 242.44 350677 1/5/21 10.00 350678 1/5/21 272.40 350679 1/5/21 75.00 350680 1/5/21 335.00 350681 1/5/21 145.00 133 of 199 PAYEE CALIFORNIA PARK ASSOCIATION CALIFORNIA PUBLIC CANNON, JAMES CHAPEL, S CITY OF LEMON GROVE CLAIMS MANAGEMENT ASSOCIATES CLF WAREHOUSE INC CODDINGTON LOCK AND SECURITY COMMERCIAL AQUATIC SERVICE INC CONCENTRA MEDICAL CENTERS CUMMING CHEVROLET DANIELS TIRE SERVICE DAVIS, D DIAZ, E DISCOUNT SPECIALTY CHEMICALS D-MAX ENGINEERING INC DOUGHERTY, J ERGOSTOP INC. EXPRESS PIPE AND SUPPLY FACTORY MOTOR PARTS FITCHHORN, K GARCIA, ANGELINA GARCIA, LORRAINE GENERAL BEAD GERONIMO, ENRIQUE GONZALES, MANUEL GONZALEZ, MARIA HAAKER EQUIPMENT COMPANY HAMEL, K HEDGEPETH JR, LARRY HERRERA GARCIA, JUAN HOME DEPOT CREDIT SERVICES JANI-KING OF CALIFORNIA INC JJJ ENTERPRISES KREPPS, B LOPEZ, GORDON LOZANO, M LUJAN JR, T MABRY, CHARLES MASON'S SAW MAZZARELLA & MAZZARELLA LLP METEAU JR, R MEYERS, NAVE, RIBACK, SILVER MIRAMAR BOBCAT INC MORENO, ROSA LINDA MYERS & SONS HI -WAY SAFETY INC NAN MCKAY AND ASSOCIATES INC NATIONAL CITY CAR WASH `+ CALIFRN�, N,, .,'.ONaL eirivc ZNCORPORAT WARRANT REGISTER # 27 1/5/2021 DESCRIPTION CPRS JUANITA CASTANEDA MEMBERSHIP CPPA HEARING OFFICER MOATS / NSD CITATION REFUNDS - AUG 2020 REIMBURSEMENT/CHAPEL/CONFERENCE TRAINING LIABILITY CLAIM COST PROFESSIONAL SERVICES MOP 80331 AUTO SUPPLIES - PW CITYWIDE ON -SITE ELECTRONIC DOOR CHEMICALS - CHLORINE, ACID TABLETS PRE -EMPLOYMENT PHYSICAL MOP 45751 AUTO SUPPLEIS - PW TIRES FOR CITY FLEET FOR FY 2021 TRAINING REIM INTR INTERRG DAVIS / PD EDUCATION REIMBURSEMENT CONCENTRATE DEGREASER T&A90184 COURTYARDS AT KIMBALL TRAINING ADV POST SUB ICI HOMCD SOMA SUPPORT TALL THORACIC BACK CHAIR 10- ZURN E-Z FLUSH SENSOR OPRTD BATTERY MOP 82766 AUTO SUPPLIES - PW TRAINING ADV POST SUB FTO CITATION REFUNDS - AUG 2020 CITATION REFUND - AUG 2020 556-104-01-00 317 NATIONAL CITY BLVD CITATION REFUND - AUG 2020 CITATION REFUND - AUG 2020 CITATION REFUNDS - AUG 2020 QCD HUB ADAPTOR FOR CAMERA EDUCATION REIMBURSEMENT CITATION REFUNDS - AUG 2020 LICENSE REIMBURSEMENT 1-1/8 RTHMR M18 FUEL SDS COVID-19 JANITORIAL CLEANING SERIVCES FIRE AND SECURITY ALARM MONITORING EDUCATION REIMBURSEMENT CITATION REFUNDS - AUG 2020 TRAINING REIM RADR LOZANO LICENSE REIMBURSEMENT CITATION REFUNDS - AUG 2020 MOP 45729 EQUIPMENT SUPPLIES AND REPAIR LIABILITY CLAIM COST 2021SCPMA-HR MEMBERSHIP LEGAL SERVICES KIT CAMERA REAR CITATION REFUND - AUG 2020 100743, FLAG VINYL 181N ORANGE WOOD PAY FOR ANNUAL REVISIONS TO MB FOR SECTION 8 CARWASH SERVICES FOR FLEET FY 2021 3/5 CHK NO 350682 350683 350684 350685 350686 350687 350688 350689 350690 350691 350692 350693 350694 350695 350696 350697 350698 350699 350700 350701 350702 350703 350704 350705 350706 350707 350708 350709 350710 350711 350712 350713 350714 350715 350716 350717 350718 350719 350720 350721 350722 350723 350724 350725 350726 350727 350728 350729 DATE 1/5/21 1/5/21 1/5/21 1/5/21 1/5/21 1/5/21 1/5/21 1/5/21 1/5/21 1/5/21 1/5/21 1/5/21 1/5/21 1/5/21 1/5/21 1/5/21 1/5/21 1/5/21 1/5/21 1/5/21 1/5/21 1/5/21 1/5/21 1/5/21 1/5/21 1/5/21 1/5/21 1/5/21 1/5/21 1/5/21 1/5/21 1/5/21 1/5/21 1/5/21 1/5/21 1/5/21 1/5/21 1/5/21 1/5/21 1/5/21 1/5/21 1/5/21 1/5/21 1/5/21 1/5/21 1/5/21 1/5/21 1/5/21 AMOUNT 145.00 175.00 10.00 150.00 1,094.56 7,200.00 138.42 1,761.04 2,380.21 80.00 23.74 7,671.83 59.55 379.92 361.63 703.19 1,701.00 961.02 2,021.34 88.69 780.00 10.00 10.00 1,748.59 10.00 45.00 10.00 533.30 436.35 90.00 82.00 433.91 12,218.92 450.00 300.00 10.00 24.00 86.50 230.00 293.33 375.00 50.00 10,180.59 801.51 10.00 476.91 257.52 340.00 134 of 199 PAYEE NORIEGA, CARLOS OFFICE SOLUTIONS BUSINESS O'REILLY AUTO PARTS OROPEZA, LILIA OSUNA, KARLA PACIFIC AUTO REPAIR PACIFIC REFRIGERATION INC PACIFIC STATES PETROLEUM INC PARTS AUTHORITY METRO LLC PENSKE FORD POWERSTRIDE BATTERY CO INC PRO BUILD COMPANY PROFESSIONAL SEARCH GROUP LLC PRUDENTIAL OVERALL SUPPLY RAMIREZ, MARTHA RAYO, RENE RIO HONDO COLLEGE RMG COMMUNICATIONS RODRIGUEZ, MARIS RUIZ SILVA, HECTOR RUSSELL, CALVIN SAM'S ALIGNMENT SAN DIEGO MIRAMAR COLLEGE SAN DIEGO PLASTICS INC SANDOVAL, JUAN SANDOVAL, VICTOR SDG&E SEGAL, M SHARP REES STEALY MED GROUP SITEONE LANDSCAPE SUPPLY LLC SMART SOURCE OF CALIFORNIA LLC SNAP -ON INDUSTRIAL SOSA, P SOUTH COAST EMERGENCY SOUTHERN CALIF TRUCK STOP SOUTHWEST LEASING & SALES SOUTHWEST SIGNAL SERVICE STAPLES BUSINESS ADVANTAGE STEVENS, C SWEETWATER AUTHORITY SYSCO SAN DIEGO INC TAYLOR, J TELECOM LAW FIRM P C TERMINIX INTERNATIONAL THOMSON REUTERS WEST TODD PIPE & SUPPLY LLC TOPETE, MARY TRILLO, JEOVANNA `+ CALIFRN�,r N,, .,'.ONaL eirivc ZNCORPORAT WARRANT REGISTER # 27 1/5/2021 DESCRIPTION CITATION REFUNDS - AUG 2020 MOP 83778 OFFICE SUPPLIES / NSD MOP 75877 AUTO SUPPLIES - PW CITATION REFUND - AUG 2020 CITATION REFUNDS - AUG 2020 SMOG CERTIFICATION / REPAIRS FOR CITY PROVIDE ON -SITE COMMERCIAL HYDRAULIC OIL & ENGINE OIL MOP 75943 AUTO SUPPLIES - PW R&M CITY VEHICLES FY 2021 MOP 67839 GENERAL SUPPLIES - PW MOP 45707 GENERAL SUPPLIES - PW TEMP SVC / NSD MOP 45742 LAUNDRY SERVICES - PW CITATION REFUNDS - AUG 2020 CITATION REFUNDS - AUG 2020 TRAINING TUITION SUPERVISORY RMG COMMUNICATIONS PROJECT MANAGEMENT CITATION REFUNDS - AUG 2020 CITATION REFUNDS - AUG 2020 CITATION REFUNDS - AUG 2020 WHEEL ALIGNMENT SERVICE FOR CITY TRAINING TUITION ROT SHANAHAN / PD PVCX SHEET KOMALU STD WHITE/BLACK 3MM CITATION REFUNDS - AUG 2020 CITATION REFUNDS - AUG 2020 GAS AND ELECTRIC UTILITIES / PW TRAINING POST ADV SUB ICI HOMICIDE PRE -EMPLOYMENT PHYSICALS MOP 69277 LANDSCAPE SUPPLIES - PW BUSINESS CARDS OLSON / NSD PROLINK EDGE TRADE TRAN NON-FSS-EEHD TRAINING REIM INTR INTRROG / PD AUTO CHARGE 1200 REMOTE MOP 45758 GENERAL AUTO SUPPLIES - PW LIABILITY CLAIM COST STREET LIGHTING REPAIRS / PW OFFICE SUPPLIES ICAO TRAINING REIMBUR FIREARMS / PD WATER BILL FOR FACILITIES FY 2021 FOOD / NUTRITION TRAINING REIMB FOR POST PLAN 4 PROFESSIONAL SERVICES / CAO ON -SITE PEST CONTROL SERVICES LEGAL PUBLICATION UPDATES/CAO AMTC AEF-300 AUTOMATIC FAUCET CITATION REFUNDS - AUG 2020 CITATION REFUNDS - AUG 2020 4/5 CHK NO 350730 350731 350732 350733 350734 350735 350736 350737 350738 350739 350740 350741 350742 350743 350744 350745 350747 350748 350749 350750 350751 350752 350753 350754 350755 350756 350757 350758 350759 350760 350761 350762 350763 350764 350765 350766 350767 350768 350769 350770 350771 350772 350773 350774 350775 350776 350777 350778 DATE 1/5/21 1/5/21 1/5/21 1/5/21 1/5/21 1/5/21 1/5/21 1/5/21 1/5/21 1/5/21 1/5/21 1/5/21 1/5/21 1/5/21 1/5/21 1/5/21 1/5/21 1/5/21 1/5/21 1/5/21 1/5/21 1/5/21 1/5/21 1/5/21 1/5/21 1/5/21 1/5/21 1/5/21 1/5/21 1/5/21 1/5/21 1/5/21 1/5/21 1/5/21 1/5/21 1/5/21 1/5/21 1/5/21 1/5/21 1/5/21 1/5/21 1/5/21 1/5/21 1/5/21 1/5/21 1/5/21 1/5/21 1/5/21 AMOUNT 10.00 45.87 566.82 36.00 20.00 1,100.00 1,612.36 1,210.15 1,274.82 1,433.40 92.76 536.35 3,680.00 1,033.64 10.00 70.00 228.00 1,625.00 25.00 10.00 10.00 291.00 23.00 913.50 10.00 10.00 55,630.16 1,701.00 914.00 1,301.65 86.95 3,756.10 59.55 1,888.04 18.54 860.00 23,920.83 147.39 354.07 30,181.05 2,257.59 59.55 1,944.00 4,055.00 1,656.35 36,403.74 10.00 10.00 135 of 199 PAYEE T'S & SIGNS U S BANK UNITED ROTARY BRUSH CORP VALLEY INDUSTRIAL SPECIALTIES VELARDE, ROBERTO VIORA, B VORTEX INDUSTRIES INC VULCAN MATERIALS COMPANY WAXIE SANITARY SUPPLY WETMORES WILLY'S ELECTRONIC SUPPLY SECTION 8 HAPS _`4+ CALIFORNI N,, .,'.ONAL Cirirc ZNCORFORAT WARRANT REGISTER # 27 1/5/2021 DESCRIPTION BANNER- MIKE DALLA'S RETIREMENT TRAINING CREDT CARD PD STREET SWEEPER REPAIRS AND MAINTENANCE MOP 46453 BUILDING SUPPLIES - PW CITATION REFUNDS - AUG 2020 EDUCATION REIMBURSEMENT CITYWIDE ON -SITE SERVICE & REPAIRS ASPHALT, TACK, 3/8 SHEET FY 21 MISCELLANEOUS JANITORIAL SUPPLIES MOP 80333 AUTO SUPPLIES - PW MOP 45763 ELECTRIC SUPPLIES - PW Start Date 12/30/2020 End Date 1/5/2021 GRAND TOTAL CHK NO DATE AMOUNT 350779 1/5/21 146.81 350780 1/5/21 2,544.33 350781 1/5/21 848.22 350782 1/5/21 91.12 350783 1/5/21 10.00 350784 1/5/21 765.65 350785 1/5/21 4,265.48 350786 1/5/21 556.88 350787 1/5/21 3,141.30 350788 1/5/21 17.68 350789 1/5/21 225.74 A/P Total 293,849.61 1,040,826.97 $ 1,334,676.58 5/5 136 of 199 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. PHILLIP DAVIS, FINANCE BRAD RAULSTON, CITY MANAGER FINANCE COMMITTEE ALEJANDRA SOTELO-SOLIS, MAYOR -CHAIRWOMAN JOSE RODRIGUEZ, VICE -MAYOR MARCUS BUSH, COUNCIL MEMBER RONALD J. MORRISON, COUNCIL MEMBER MONA RIOS, COUNCIL MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 2nd OF FEBRUARY, 2021. AYES NAYS ABSENT 137 of 199 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City: (1) approving an Affordable Housing Density Bonus Agreement with Kimball Apai tinents, LLC, a California limited liability company, restricting the rent and occupancy of five (5) units to moderate income households in exchange for one density bonus concession pursuant to California Government Code Sections 65915 — 65918 for the development of 52 housing units located at 1126 E 8th Street in National City; and (2) approving a Subordination and Intercreditor Agreement with Citizens Business Bank subordinating said Affordable Housing Density Bonus Agreement. (Housing Authority) Please scroll down to view the backup material. 138 of 199 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 2, 2021 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City (1) approving an Affordable Housing Density Bonus Agreement with Kimball Apartments, LLC, a California limited liability company, restricting the rent and occupancy of five (5) units to moderate income households in exchange for one density bonus concession pursuant to California Government Code Sections 65915 — 65918 for the development of 52 housing units located at 1126 E 8th Street in National City; and (2) approving a Subordination and Intercreditor Agreement with Citizens Business Bank subordinating said Affordable Housing Density Bonus Agreement. PREPARED BY: Greg Rose, Property Agent DEPARTMENT: PHONE: 619-336-4266 APPROVED BY: EXPLANATION: Kimball Apartments, LLC, a California limited liability company (Developer) is developing the property located at 1126 E 8th Street. Current zoning allows for the construction of 52 units by right. The Developer will restrict the rent and occupancy of five (5) units to a moderate income household (below 120% of area median income) in exchange for a reduction in parking from 86 spaces to 67 spaces, mandated by California Government Code Sections 65915 — 65918. The Affordable Density Housing Bonus Agreement ("Agreement") will serve to memorialize the Developer's obligation to provide the five (5) affordable units and the restriction of the affordable units by the recordation of this agreement assuring affordability for a total of fifty-five (55) years. A Performance Deed of Trust will also be recorded to secure the Agreement on the property. The Subordination Agreement establishes the City of National City as a Junior Lienholder. See Background Report for information on the Density Bonus Law. rity FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: APPROVED: APPROVED: Finance MIS The Density Bonus Agreement is not considered a project as defined by the California Environmental Quality Act (CEQA), and is therefore not subject to CEQA ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Background Report and Site Plan 2. Affordable Housing Density Bonus Agreement 3. Performance Deed of Trust 4. Subordination Agreement 5. Resolution 139 of 199 Attachment No. 1 BACKGROUND REPORT California's Density Bonus Law is a mechanism which allows developers to obtain more favorable local development requirements in exchange for offering to build or donate land for affordable or senior units. The Density Bonus Law (found in California Government Code Sections 65915 — 65918) provides developers with powerful tools to encourage the development of affordable and senior housing, including up to a 50% increase in project densities, depending on the amount of affordable housing provided. The Density Bonus Law is about more than the density bonus itself, however. It is actually a larger package of incentives intended to help make the development of affordable and senior housing economically feasible. Other tools include reduced parking requirements, and incentives and concessions such as reduced setback and minimum square footage requirements. Often these other tools are even more helpful to project economics than the density bonus itself, particularly the special parking benefits. Sometimes these incentives are sufficient to make the project pencil out, but for other projects financial assistance is necessary to make the project feasible. In determining whether a development project would benefit from becoming a density bonus project, developers also need to be aware that: • The Density Bonus is a state mandate. A developer who meets the requirements of the state law is entitled to receive the density bonus and other benefits as a matter of right. As with any state mandate, some local governments will resist complying with the state requirement. But many local governments favor the density bonus as a helpful tool to cut through their own land use requirements and local political issues. • Use of a density bonus may be particularly helpful in those jurisdictions that impose inclusionary housing requirements for new developments. • Special development bonuses are available for developers of commercial projects who partner with affordable housing developers to provide onsite or offsite affordable housing. Special bonuses are also available for condominium conversion projects and projects that include child care facilities. • The Legislature has recently added density bonuses for housing developments for foster youth, disabled veterans, homeless persons and college students. Cities and counties are required to grant a density bonus and other incentives or concessions to housing projects which contain one of the following: • At least 5% of the housing units are restricted to very low income residents. • At least 10% of the housing units are restricted to lower income residents. • At least 10% of the housing units in a for -sale common interest development are restricted to moderate income residents. • At least 10% of the housing units are for transitional foster youth, disabled veterans or homeless persons, with rents restricted at the very low income level. • At least 20% of the housing units are for low income college students in housing dedicated for full-time students at accredited colleges. • The project donates at least one acre of land to the city or county for very low income units, and the land has the appropriate general plan designation, zoning, permits and approvals, and access to public facilities needed for such housing. 140 of 199 Attachment No. 1 • The project is a senior citizen housing development (no affordable units required). • The project is a mobile home park age -restricted to senior citizens (no affordable units required). Affordable rental units must be restricted by an agreement which sets maximum incomes and rents for those units. As of January 1, 2015, the income and rent restrictions must remain in place for a 55 year term for very low or lower income units. Rents must be restricted as follows: • For very low income units, rents may not exceed 30% x 50% of the area median income for a household size suitable for the unit. • For lower income units, rents may not exceed 30% x 60% of the area median income for a household size suitable for the unit. • Area median income is determined annually by regulation of the California Department of Housing and Community Development, based upon median income regulations adopted by the U.S. Department of Housing and Urban Development. • Rents must include a reasonable utility allowance. • Household size appropriate to the unit means 1 for a studio unit, 2 for a one bedroom unit, 3 for a two bedroom unit, 4 for a three bedroom unit, etc. In many cases, achieving a reduction in parking requirements may be more valuable than the additional permitted units. The Density Bonus Law is often used by developers to obtain more housing than the local jurisdiction would ordinarily permit, it can also be a helpful land use tool. The density bonus can provide a useful mechanism for increasing allowable density without requiring local officials to approve general plan amendments and zoning changes. A project that satisfies the requirements of the Density Bonus Law often can obtain the necessary land use approvals through the award of the density bonus units and requested concessions and incentives, without having to amend the underlying land use requirements. Although there is no specific density bonus exemption from the California Environmental Quality Act, many density bonus projects are likely candidates for urban infill and affordable housing exemptions from CEQA. One commonly invoked exemption is the Class 32 urban infill exemption found in CEQA Guidelines Section 15332. That exemption is available if the project is consistent with applicable general plan designation and zoning, the site is five acres or less and surrounded by urban uses, is not habitat for endangered, rare or threatened species, does not have any significant effects relating to traffic, noise, air quality or water quality, and is adequately served by utilities and public services. Other exemptions are available for high density housing projects near major transit stops (CEQA Guidelines Section 15195) and affordable housing projects of up to 100 units (CEQA Guidelines Section 15194). The site plans for the apartment project at 1126 E 8th Street start on the following page. 141 of 199 GENERAL NOTES 1. PROVIDE BUILDING ADDRESS NUMBERS, VISIBLE AND LEGIBLE FROM THE STREET OR ROAD FRONTING THE PROPERTY PER FHPS POLICY P-00-6 (UFC 901.4.4) 2. ALL UNUSED WATER SERVICES SHALL BE KILLED AND NEW WATER SERVICES INSTALLED (AS REQUIRED) OUTSIDE OF ANY VEHICULAR USE AREAS OR DRIVEWAY 3. ALL PROPOSED PUBLIC WATER FACILITIES, INCLUDING SERVICES AND METERS, MUST BE DESIGNED AND CONSTRUCTED IN ACCORDANCE WITH ESTABLISHED CRITERIA IN THE MOST CURRENT ADDITION OF THE CITY OF SAN DIEGO REGULATIONS, STANDARDS AND PRACTICES, THERETO. 4. ACCESS TO EXISTING COMMON AREA POOL WILL NOT BE PROVIDED TO TENANTS IN THE PROPOSED BUILDING. 5. BOTH THE GARAGE AND BUILDING ABOVE WILL BE FIRE-SPRINKLERED. 6. ALL PROPERTY LINES, EASEMENTS AND BUILDINGS, BOTH EXISTING AND PROPOSED, ARE SHOWN ON THIS SITE PLAN. FOR CLEARITY EXCISTING HOUSE TO BE DEMOLISHED SHOWN ON SHEET A0.7. KEYNOTE 01 PUBLIC RIGHT OF WAY 02 ACCESSIBLE COMPLIANT PEDESTRIAN CURB CUT WALKWAY, REF 8/0.2 03 ACCESSIBLE COMPLIANT WALKWAY 04 TOW AWAY SIGN (FOR ACCESSIBLE PARKING) AT ENTRANCE TO GARAGE RAMP, REF DETAIL 1/A0.3 05 ACCESSIBLE COMPLIANT PARKING STALLS, REF 4/A0.3 06 ACCESSIBILITY PARKING SIGN TYPICAL AT ACCESSIBLE PARKING STALL, REF DETAIL 3/A0.3 07 ASSIGNED ACCESSIBLE PARKING SPACES 08 ASSIGNED PARKING SPACE 09 EXISTING PRIVATE OVERHEAD AND/OR UNDERGROUND LIGHT, ELECTRICAL, TELCO & CABLE UTILITIES TO BE REMOVED. SERVICE SHUTOFFS FROM SAN DIEGO GAS & ELECTRIC, SDC AND COX CONNECTION REQUIRED PRIOR TO ANY DEMOLITION WORK. EXISTING UTILITIES TO BE CAPPED OR REMOVED WITHIN PROJECT PROPERTY BOUNDARY 10 EXISTING OFF -SITE PUBLIC UNITIES & SIGNAGE TO BE PROTECTED IN PLACE. IT IS THE RESPONSIBILITY OF THE CONTRACTOR TO REPAIR ANY DAMAGE TO EXISTING ON -SITE AND/OR OFFSITE PUBLIC UTILITIES & SIGNAGE EASEMENT NOTES: THE FOLLOWING IS A LIST OF EASEMENT EXCEPTIONS TO COVERAGE AS LISTED IN THE ABOVE REFERENCED PRELIMINARY REPORT. SURVEY RELATED ITEMS THAT CAN BE PLOTTED ARE SHOWN HEREON. THE EFFECT OF AGREEMENTS, ASSESSMENTS, COVENANTS & CONDITIONS & RESTRICTIONS, FINANCING STATEMENTS, LEASES, LIENS, PERMITS, RESOLUTIONS, TAXES, OR WAIVERS THAT APPEAR IN SAID REPORT THAT ARE NOT SURVEY RELATED ARE NOT INCLUDED IN THIS LIST. 7. AN EASEMENT TO KIMBALL BROTHERS WATER COMPANY FOR THE CONSTRUCTION AND MAINTENANCE OF FLUMES, CANALS, OR AQUEDUCTS, RECORDED OCTOBER 14, 1869 IN BOOK 7, PAGE 124 OF DEEDS. THE INTEREST OF SAID GRANTEE HAS SINCE PASSED AND NOW VESTS OF RECORD IN THE CALIFORNIA WATER & TELEPHONE COMPANY, A CORPORATION. THE LOCATION OF THE EASEMENT CANNOT BE DETERMINED FROM RECORD INFORMATION. 11. AN EASEMENT TO ESTATE OF IDA E. WALLACE HOGARTY, DECEASED FOR PUBLIC ROAD AND INCIDENTAL PURPOSES, RECORDED JULY 22, 1932 AS BOOK 144, PAGE 135 OF OFFICIAL RECORDS. THE LOCATION OF SAID THE EASEMENT CANNOT BE DETERMINED FROM RECORD INFORMATION. 12. AN EASEMENT TO CHARLOTTE O. MEIER, TESTAMENTARY TRUSTEE UNDER THE WILL OF IDA E. WALLACE HOGARTY, FORMERLY IDA E. WALLACE, DECEASED FOR STREET AND INCIDENTAL PURPOSES, RECORDED OCTOBER 08, 1935 AS BOOK 441, PAGE 199 OF OFFICIAL RECORDS. THE LOCATION OF THE EASEMENT CANNOT BE DETERMINED FROM RECORD INFORMATION. 13. AN EASEMENT TO THE CITY OF NATIONAL CITY FOR RIGHT OF WAY TO CONSTRUCT, RECONSTRUCT, MAINTAIN, OPERATE, AND REPAIR STREET, TOGETHER WITH RIGHT OF INGRESS/EGRESS AND INCIDENTAL PURPOSES, RECORDED NOVEMBER 21, 1983 AS INSTRUMENT NO. 83-422278 OF OFFICIAL RECORDS. 21. RIGHTS OF PUBLIC USE FOR STREET PURPOSES AS DISCLOSED IN VARIOUS INSTRUMENTS OF RECORD, ONE OF WHICH RECORD JANUARY 20, 1925 IN BOOK 1074, PAGE 19, OF OFFICIAL RECORDS. 22. AN EASEMENT TO NELLIE F. HAMILTON FOR WATER PIPE AND INCIDENTAL PURPOSES, RECORDED JULY 16, 1946 AS INSTRUMENT NO. 75236 OF OFFICIAL RECORDS. THE LOCATION OF THE EASEMENT IS LOCATED WITHIN "L" STREET AND THEREFORE DOES NOT AFFECT THE SUBJECT PROPERTY. 1/7/2021 9:23:25 AM SEE EASEMENT NOTE W5=50'-07/8" WATER BACKFLOW AND METERS SEE CIVIL PLAN FIRE HYDRANT SEE CIVIL PLAN FIRE SERVICE SEE CIVIL PLAN 504 cox VALT PLANTER PLRA CERALDINE N [RING TRUST (02-07-'. 833 K A NATONAL CITY, CA 9'9.' APN:55 51C-49 EXISTING BUILDING NOT INCLUDED STA3INS4Y RAQuEL 1101-09 E 9L4 ST NATIONAL CITY, CA 9195f. _- 510-48 EXISTING BUILDING NOT INCLUDED PLANTER EXISTING BUILDING NOT INCLUDED IT 41'36' 4 4 18' EAST 9TH STREET Site Plan EAST 8TH STREET 158' - 9 3/4" PLANTER L4= 197' - 9 1/4' FAI CALC. ON GRADE PARKING SEE CIVIL PLAN FOR SLOPE DETAILS W3= 198' - 4 1/8" FAI CALC. EXISTING BUILDING NOT INCLUDED PLANTER CB SEE CIVIL PLAN CLASS 1 STANDPIPE COX VALT EXISTING DRIVEWAY TO BE REPAVES WITH AC PAVING EXISTING BUILDING NOT INCLUDED PLANTER EXISTING BUILDING NOT INCLUDED EXISTING BUILDING NOT INCLUDED 78' - 0 1 /2" SIDEWALK 142 of 199 PLANTER PLANTER 6' - 1 3/4" 15' - 0" t i COX VALT . 65.43 -e00 M PLANTER L2= 81' - 5 7/8" FAI CALC. b l b l b k 4G EXISTING BUILDING NOT INCLUDED R4RPIETLAL L0 1134-40 E 9TH 5T (ATONAL CITY, CA 9'P APN_556-510-5- EXISTING BUILDING NOT INCLUDED NEW POLE W1 =60 -45/8" FAI CALL. SEWER LATERAL PER CIVIL IE SEE CIVIL PLAN • Attaphment No. JOB # 2020-01 AUGUSTO ANGELUCCI ARCHITECT AIA 9865 MESA RIM ROAD SUITE 215 SAN DIEGO, CA 92021 PH: (858) 450-0866 FAX: (858) 450-0866 0, n A iec *�¢ No C3 ' bX15/31/21 9TH Of CA\\(� THE KIMBALL STUDIOS 1110 E 8th STREET NATIONAL CITY, CA 91950 REVISIONS No. Date Revision Description SHEET NAME SITE SIMPLIFIED PLAN SHEET NUMBER --A1 .1 STUDIO REMODEL SUBMITTAL 10-20-2020 Site Plan Attaphment No. c (E) TRASH (E) ELEV (E) STAIR-1 IL (E) LOBBY (E) OFFICE ee a D BATI- • -1 STUDIO S1 7 r - L CORRIDOR (E) STORAGE (E) LIVING & DINING a —4 4 1 1 L r L BATH-1 L BATH-1 ®A�\\\\\\\T\\\\\\\\\\\ m STUDIO S3 STUDIO S4 --i LE 7117 BATH-1 (E) GYM STUDIO S5 ra LJ _yyatevvv5.vv v� - --IT 1G 2G 3G (E) LIVING & DINING a (E) LIVING & DINING T � T (E) LIVING DINING f_ La LJ 9 B1-LEVEL - STUDIO ADDITIONS BG Copy 1 1/8" = 1'-0" 1 /� (ES JOB # 2020-01 AUGUSTO ANGELUCCI ARCHITECT AIA 9865 MESA RIM ROAD SUITE 215 SAN DIEGO, CA 92021 PH: (858) 450-0866 FAX: (858) 450-0866 ,F, A '. No,552;2 NX55/ J21 9T )- 0» c THE KIMBALL STUDIOS 1110 E 8th STREET NATIONAL CITY, CA 91950 REVISIONS No. Date Revision Description SHEET NAME B1 PLAN LEVEL SHEET NUMBER --A1 .2 STUDIO REMODEL SUBMITTAL 10-20-2020 143 of 199 Site Plan Attaphment No. a co 0 N O N (E) LOBBY (E) OFFICE V�V BATH-1 a (E) LOBBY STUDIO S1 (E) STORAGE DW P I REF 1 I 1 STOVE f (E) TRASH 1 (E) CORRIDOR (E) ELEV P REF 1I1I (E) STAIR-1 L a A STOVE -A5.1 STUDIO S2 O BATH-1 H 0 0 0 . . \ \\\\\\\\\\\\\\\\\\\\\\\\\ -1-DW STOVE -REF— a b DW STOVE P REF STUDIO S3 N t- BATH-1 W/D" BATH-1 m P STOVE r _ DW-11_I REF Ic I L J STUDIO S4 /D BATH-1 STUDIO S5 B1-LEVEL- ENLARGED PLAN BG Copy 1 1/4" = 1'-0" 1 JOB # 2020-01 AUGUSTO ANGELUCCI ARCHITECT AIA 9865 MESA RIM ROAD SUITE 215 SAN DIEGO, CA 92021 PH: (858) 450-0866 FAX: (858) 450-0866 (1,, n A i'c *�¢ Nod bX1 v 1/21 9T� - Of CA\\(� THE KIMBALL STUDIOS 1110 E 8th STREET NATIONAL CITY, CA 91950 REVISIONS No. Date Revision Description SHEET NAME ENLARGED B1 PLAN LEVEL SHEET NUMBER --AI .3 STUDIO REMODEL SUBMITTAL 10-20-2020 144 of 199 Attachment No. 2 No Fees per Government Code 6103 ] RECORDING REQUESTED BY: ] National City Housing Authority ] ] WHEN RECORDED MAIL TO: National City Housing Authority Attention: Executive Director 1243 National City Boulevard National City, CA 91950 AFFORDABLE HOUSING DENSITY BONUS AGREEMENT (1126 East 8th Street -Kimball Studios) THIS AFFORDABLE HOUSING DENSITY BONUS AGREEMENT ("Agreement") is dated as of the day of , 2021, by and between the City of National City ("City"), and Kimball Apartments, LLC, a California limited liability company ("Developer"). WHEREAS, Developer is the owner of that certain real property generally located at 1126 East 8th Street, in the City of National City, County of San Diego, more particularly described in Exhibit "A" attached hereto ("Property"); and WHEREAS, Developer has applied to the City for a density bonus pursuant to Government Code section 65915, and Sections 18.48.030, et seq. of the National City Municipal Code, provided, however, the Developer has independently and of its own free will chosen not to increase the density of the Development to be built at the Property. Rather, the Developer is electing to only take the one (1) deviation, incentive or concession (as defined in Government Code Section 65915 and Sections 18.48.040 of the National City Municipal Code) in exchange for providing the Affordable Units, as defined below; and WHEREAS, Developer proposes to develop a total of fifty-two (52) housing units on the Property ("Development") and restrict the rent and occupancy of five (5) of those residential dwelling units ("Affordable Units") to moderate -income households in exchange for the one (1) deviation, incentive or concession; and WHEREAS, This Agreement will serve to memorialize Developer's obligation to provide the five (5) Affordable Units, the time frame for the construction and occupancy of the Affordable Units and the restriction of the Affordable Units by the recordation of this Agreement assuring affordability for a total of fifty-five (55) years measured from the issuance of final inspection approval for the Development. NOW, THEREFORE, in consideration of the foregoing and of the mutual terms and covenants hereinafter set forth and other good and valuable consideration, the City and Developer agree as follows: 1 145 of 199 Attachment No. 2 1. Acknowledgement of Incentives. Developer acknowledges and agrees that, the Development is entitled to and is receiving one (1) deviation, incentive or concession pursuant to and in accordance with Government Code 65915. 2. Developer Covenants. Pursuant to and in consideration of the Density Bonus and the additional incentives and concessions, Developer hereby agrees and covenants on behalf of itself and its successors and assigns, and each successor in interest to the Property, that at all times during the term of this Agreement five (5) studio residential dwelling units on the Property shall be rented and occupied as the Affordable Units as set forth in this Agreement. As used herein the term "Affordable Units" shall refer to the five (5) residential dwelling units on the Property which are held available strictly in accordance with the terms and conditions set forth in this Agreement. 3. Affordability Restrictions. (a) Area Median Income. As used herein, "Area Median Income" shall mean the area median income, as adjusted for family size, for San Diego County, established periodically by the California Department of Housing and Community Development ("HCD") and published in the California Code of Regulations. In the event HCD ceases to publish an established Area Median Income as aforesaid, the City may, in its sole discretion, use any other reasonably comparable method of computing Area Median Income. (b) Occupancy Restrictions. During the term of this Agreement, each Affordable Unit shall be occupied by a household whose income does not exceed the moderate limits applicable to San Diego County, adjusted for household size, as published annually by HCD, earning at or below one hundred twenty percent (120%) of the Area Median Income. (c) Rent Amount. During the term of this Agreement, the monthly rental rate for each Affordable Unit (which shall include a utility allowance based on the utility allowance schedules published annually by the National City Housing Authority) shall not exceed 1 / 12 of thirty percent (30%) of one hundred twenty percent (120%) of the Area Median Income, as adjusted for assumed household size and utilities as published by HUD and the State of California. The imputed household size for each Affordable Unit shall be equal to the number of bedrooms in the unit plus one. For example, the rent for studio Affordable Units shall be calculated using one hundred twenty percent (120%) of the Area Median Income for a 1-person household. 4. Restrictions. The following restrictions shall also be applicable to the Affordable Units: (a) No Relationship With Developer. No Affordable Unit shall be occupied or leased to Developer or any relative (by blood or marriage) of Developer or any person employed by Developer or of any individuals who are members, principals, executives, directors, partners or shareholders of Developer or in any entity having an ownership in Developer or in the Property. (b) No Full -Time Students. No Affordable Unit shall be occupied or leased to any household comprised exclusively of persons who are full-time students, unless such persons are eligible to file a joint federal income tax return and all such persons reside in the Affordable Unit. 2 146 of 199 Attachment No. 2 The term "full-time student" shall be defined as any person who will be or has been a full-time student during five calendar months of the calendar year in question at an educational institution (other than a correspondence school) with regular faculty and students. (c) No Student Dependents. Notwithstanding the provisions of section 4(b), no Affordable Unit shall be occupied or leased to any student dependent as defined in the U.S. Internal Revenue Code, unless the taxpayer (upon whom the student in question is dependent) resides in the same unit. (d) No Owners of Real Property. No Affordable Unit shall be occupied or leased to any person or any household comprised of one or more persons who own real property. (e) Liquid Asset Limitation. No Affordable Unit shall be occupied or leased to any person or household holding, directly or indirectly, liquid assets whose aggregate value exceeds, at the time of determination of eligibility, one hundred twenty percent (120%) of the then -current annual Area Median Income. As used herein, the term "liquid assets" refers to cash and assets which are readily convertible to cash within a reasonable period, including but not limited to savings and checking accounts, certificates of deposit of any term, marketable securities, money market and similar accounts, mutual fund shares, and insurance policy cash values. The term "liquid assets" shall not include retirement funds which are not readily accessible or which cannot be accessed by the tenant without the tenant incurring a penalty. (f) Income of Co -Tenants. The income of all co -tenants and/or occupants shall be taken into account in determining whether a tenant or prospective tenant meets the requirements of this Agreement. (g) Eligible Tenants - Increased Income. If as a result of the annual recertification procedure described in Section 7 below any household which was previously determined to be eligible to occupy an Affordable Unit is determined to be ineligible as a result of increased income or assets, the City will provide written notification thereof, and Developer shall have one hundred eighty days (180) from the date of notification to take all reasonable steps to pursue eviction of the ineligible household. If Developer fails to act within the one hundred eighty day (180) period, the City shall require payment of a fee by Developer, provided that no fee shall be payable so long as Developer is diligently pursuing eviction of the ineligible household by appropriate proceedings. Under this fee requirement, the ineligible tenant residing in the Affordable Unit shall pay the full market rate rent, and Developer shall pay the difference between the affordable rent and the full market rate rent, as determined by the City, to the City. The period of fee payment shall in no event exceed a period of six (6) months, at which time Developer's failure to provide such Affordable Unit to a household eligible hereunder shall constitute a material default under this Agreement. 5. Term. Pursuant to Government Code Section 65915, this Agreement shall be effective on the date of its recordation and shall remain in force until the date that is fifty-five (55) years from the date of issuance of final inspection approval of the Development by the City. 3 147 of 199 Attachment No. 2 6. Deed of Trust. (a) Execution and Recordation. Developer shall, concurrently with the execution of this Agreement, execute, acknowledge and record a deed of trust on the Property ensuring timely performance of the obligations set forth in this Agreement ("Deed of Trust"). The Deed of Trust shall be subordinated to the construction deed(s) of trust and/or permanent financing in favor of institutional lenders, as approved by the City Manager. The subordination shall be upon such terms and conditions and for such periods of time as the City Manager may approve to protect the provision of affordable housing as required by this Agreement. The City shall reconvey the Deed of Trust following the expiration of the term of this Agreement. (b) Foreclosure on the Property. In the event of a foreclosure on the Property which eliminates the Deed of Trust, the new owner, upon five (5) days written notice from the City, shall: (i) execute, acknowledge and deliver to the City an assignment and assumption of this Agreement in a form as approved by the City, in its reasonable discretion, for recordation; (ii) execute, acknowledge and deliver to the City a deed of trust, in a form as approved by the City, in its reasonable discretion, to be recorded against the Property, in a lien priority immediately junior to the assignment and assumption of this Agreement which will secure the performance of this Agreement; and (iii) reimburse the City for all of its attorneys' fees and costs in connection with the foregoing, including all costs, attorneys' fees, and expert witnesses fees incurred by the City in obtaining compliance by the new owner, including those incurred in litigation, if any. 7. Verification of Eligibility. No Affordable Unit shall be rented to a prospective tenant or occupied by any person unless and until the City, through its designated staff, has verified that the prospective tenant or occupant is eligible and that affordable rents will be charged in accordance with the criteria set forth in this Agreement; provided, however, that should City fail to approve or disapprove a prospective tenant within ten (10) days of a request by Developer, such prospective tenant shall be deemed approved. Developer and/or its successor in interest shall ensure that all eligibility and rent criteria are met during the term of the Agreement. Annually, on the anniversary of the initial certification of compliance, as determined by the City, during the term of this Agreement, Developer or its successor in interest shall certify to the City that the Affordable Units are being occupied by eligible tenants. Said certification shall be on forms acceptable to the City. 8. Maintenance Standards. During the term of this Agreement, Developer shall maintain the Affordable Units and the Property in a condition that satisfies the more stringent of (a) the requirements of the applicable local codes or (b) the United States Department of Housing and Urban Development's Uniform Physical Conditions Standards. The City shall have the right to inspect the Affordable Units and the Property prior to initial occupancy and periodically during the term of this Agreement, upon three business days' notice to Developer. The City shall have the right to disclose results of those inspections to the appropriate enforcement authorities. Any deficiencies in the physical condition of the Affordable Units shall be corrected by Developer at Developer's expense within thirty (30) days of the identification of such deficiency by the City and delivery of written notice of the same to Developer. Failure to maintain the unit(s) and the Property in compliance with this section shall constitute a breach of this Agreement and subject the Developer to damages as set forth in Section 13 of this Agreement. 4 148 of 199 Attachment No. 2 9. Interpretation and Construction. If any provision of this Agreement or the application thereof to any person or circumstance is found to be invalid, the remainder of the provisions of this Agreement and the application of such provisions to persons or circumstances, other than those as to which it is found to be invalid, shall not be affected thereby. Nothing contained herein shall be deemed compliance with or waiver of any provision of law or conditions of approval except as expressly stated herein. 10. Design, Construction and Occupancy Schedule for the Affordable Unit. The Affordable Units shall receive final inspection approval no later than the date that the market -rate units receive final inspection and approval. Time is of the essence in the occupancy of the Affordable Units. The City Manager may, in his or her sole discretion, extend one or more time deadlines for performance as referenced in this Agreement for good cause. 11. Indemnity. Developer agrees to indemnify, defend and hold harmless the City, the National City Housing Authority, and any and all of their respective councilmembers, commissioners, members, officers, agents, servants and employees (the "Indemnitees") from and against all claims, liens, claims of lien, losses, damages, costs, and expenses, whether direct or indirect, arising in any way from this Agreement, including the construction, sale, rental or operation of the Development, the Property and/or any of the units, or from the default by Developer in the performance of its obligations under this Agreement; provided, however, that Developer shall not be required to indemnify, defend or hold harmless any of the Indemnitees from claims, losses, damages, costs and expenses related to the sole negligence or willful misconduct of the Indemnitees. 12. Agreement Binding on Successors. The terms, covenants and conditions of this Agreement shall apply to, and shall bind the parties hereto and any successors or assignees. Developer shall not sell, transfer or otherwise dispose of the Property, any portion thereof, or any interest therein unless the proposed transferee shall have executed and delivered to the City an express written assumption of all of Developer's obligations under this Agreement, on a form reasonably acceptable to the City. Upon assignment and assumption by a successor entity, as approved by the City, Developer shall be released from all prospective liability and responsibility under the terms of this Agreement. Developer agrees that all of its obligations hereunder shall constitute covenants, which shall run with the land and shall be binding upon the Property and upon every person having any interest therein at any time and from time to time during the term of this Agreement. Further, Developer agrees that, if a court of competent jurisdiction determines that the obligations set forth herein do not qualify as covenants running with the land, they shall be enforced as equitable servitudes. Any sale or conveyance of the Property shall be made subject to this Agreement. 13. Damages; Enforcement; Remedies; Security. (a) Standing; Equitable Remedies; Remedies Cumulative. Developer expressly agrees and declares that the City shall be the proper party to, and shall have standing to, initiate and pursue any and all actions or proceedings, at law or in equity, to enforce the provisions hereof and/or to recover damages for any event that is expressly stated to be a material default hereunder and which event remains uncured following sixty (60) days' written notice to Developer from the City (or up 5 149 of 199 Attachment No. 2 to one hundred twenty (120) days after notice, if actions to correct the material default have been timely initiated and are, in the reasonable opinion of the City, being diligently pursued), notwithstanding the fact that such damages or the detriment arising from such a material default that remains uncured as aforesaid may have actually been suffered by some other person or by the public at large. Further, Developer expressly agrees that injunctive relief and specific performance are proper pre-trial and/or post -trial remedies hereunder to assure compliance with this Agreement. Nothing in this Section and no recovery by the City shall restrict or limit the rights or remedies of persons or entities other than the City, against Developer in connection with the same or related acts by Developer, provided that Developer shall not be subject to duplicate awards or recoveries. The remedies set forth in this Section are cumulative and not mutually exclusive, except to the extent that their award is specifically determined to be duplicative by final order of a court of competent jurisdiction. Further, the award of damages hereunder shall not bar the exercise of police power or other governmental powers, or the pursuit of criminal, civil or administrative penalties by the City in connection with any material default under this Agreement that remains uncured as aforesaid. Developer acknowledges that a material default under this Agreement that remains uncured may constitute a violation of state law. (b) Remedies At Law For Breach Of Rental Restrictions. In the event of any material default under the provisions hereof that remains uncured following thirty (30) days written notice to Developer from the City (or up to one hundred sixty (60) days after notice, if actions to correct the material default have been timely initiated and are, in the reasonable opinion of the City, being diligently pursued) regarding restrictions on rental of the Affordable Units, at the sole option of the City, the City shall be entitled to the following remedies at law to the extent they are not duplicative, the election of which shall not be required and may be revoked and/or modified until immediately prior to entry of judgment: (1) Damages For Specific Breach. The City shall be entitled to recover compensatory damages, at its sole option in the event of a material uncured default under the terms of this Agreement. If the material uncured default in question involves the violation of Section 13(b) above, the amount of such compensatory damages shall be the product of multiplying (A) the number of months that the material uncured default in question has continued until the time of trial or cure, whichever occurs first, by (B) the result of subtracting (i) the rents properly chargeable hereunder for the Affordable Units at issue (ii) the rents actually collected by Developer for the Affordable Units at issue for the months in question, as reasonably determined by the City. Developer and the City agree that it would be extremely difficult or impracticable to ascertain the precise amount of actual damages accruing to the City as a result of such a material uncured default and that the foregoing formula is a fair and reasonable method of approximating such damages. The City shall be entitled to seek and to recover damages in separate actions for successive, separate breaches, which may occur during the term of this Agreement. Further, interest shall accrue on the amount of such damages from the date of the expiration of Developer's cure period for the material uncured breach in question at the rate of ten percent (10%) per annum or the maximum rate then allowed by law, whichever is less. Nothing in this section shall preclude the award of exemplary damages as allowed by law. (2) Acceleration and Liquidation of Future Performance. At the sole option of the City, if any material default by Developer in the performance of its obligations under this 6 150 of 199 Attachment No. 2 Agreement remains uncured for more than ninety (90) days after written notice to Developer by the City specifying such breach in reasonable detail (or such longer period of time, not to exceed six (6) months, as may reasonably be required for Developer to cure such breach exercising reasonable diligence), Developer's obligation to perform hereunder may be accelerated by the City and declared immediately due through the payment of a liquidated sum. Developer and the City agree that it would be extremely difficult and impractical to predict the precise cost to the City of (i) locating rental units equivalent to the Affordable Units, (ii) procuring such units (through purchase, lease or subsidies) at the rent discounts contemplated herein, (iii) performing the substantial administrative activities associated with replacing the Affordable Units, and (iv) inflation. Therefore, Developer and the City agree that, in the event of a material default hereunder by Developer that remains uncured as aforesaid, and upon written notice from the City to Developer that the City has elected to exercise its option to accelerate and liquidate Developer's performance hereunder in accordance with the provisions of this Section 13(b)(2), Developer shall pay, and the City shall be entitled to receive, within thirty (30) days of the City's delivery of such written notice, in complete liquidation of the City's future monetary damages and Developer's future obligations under this Agreement, a lump sum payment equal to: (A) the aggregate of the mathematical differences between the monthly rent for a "Comparable Market Rate Unit" (as determined by the City, using statistical data for units of the same size and location at the time of the breach) and the monthly rent allowable hereunder for the Affordable Units, at the date of delivery of the aforesaid written notice of election to accelerate, multiplied by (B) the number of months remaining in the term of this Agreement, from and after the date of delivery of the aforesaid written notice of election to accelerate. Developer and the City agree that acceleration is a fair and reasonable remedy for non-compliance hereunder, and that the foregoing formula represents a fair and reasonable method of approximating and liquidating the future monetary obligations of Developer to the City hereunder for purposes of any such optional acceleration by the City. Further, such liquidated amount shall automatically commence to bear interest at the rate of ten percent (10%) per annum or the maximum rate then allowed by law, whichever is less, from and after the date that the City delivers to Developer the aforesaid written notice of the City's election to accelerate Developer's performance hereunder, until paid. Further, if Developer breaches this Section 13(b)(2), the City shall be entitled to receive all reasonable attorneys' fees, costs of suit, title insurance charges, foreclosure costs and other out-of-pocket expenses reasonably incurred in recovering such liquidated amount. 14. Monitoring Fees. Developer shall pay to the City, each year during the term of this Agreement, an annual monitoring fee, as determined by the City in schedules promulgated by the City from time to time. Failure to timely pay such fees shall constitute a material default under this Agreement. 15. General Provisions. (a) Waiver. No provision of this Agreement, or breach of any provision, can be waived except in writing. The waiver by any party of any breach or violation of any term, covenant or condition of this Agreement or of any provisions, ordinance or law, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance or law or any subsequent breach or violation of the same or of any other term, covenant, condition, ordinance or law. 7 151 of 199 Attachment No. 2 (b) Costs and Attorneys' Fees. The prevailing party in any action brought to enforce the terms of this Agreement or arising out of this Agreement may recover its reasonable costs and witness, expert and attorney's fees expended in connection with such an action from the other party. (c) Recordation. This Agreement shall be recorded in the Office of the County Recorder of the County of San Diego senior to all monetary liens. City shall not be obligated to issues permits prior to such delivery and recordation of this Agreement. (d) Integration. The undersigned, and each of them, acknowledge and represent that no promise or inducement not expressed in this Agreement has been made in connection with this Agreement. This Agreement contains the entire agreement and understanding between the parties as to its subject matter. (e) Ownership of the Property. Developer represents and warrants that it is the owner of the Property and has full authority to execute this Agreement. (f) Counterparts. This Agreement may be executed in any number of counterparts and, as so executed, the counterparts shall constitute one and the same Agreement. The parties agree that each such counterpart is an original and shall be binding upon all the parties, even though all of the parties are not signatories to the same counterpart. (g) Notices. All notices given pursuant to this Agreement shall be in writing and sent to the party at its address appearing below (a) by certified or registered U.S. mail, return receipt requested, (b) overnight by a nationally recognized overnight courier such as UPS Overnight or FedEx, or (c) by personal delivery. All notices shall be effective upon receipt (or refusal to accept delivery). These addresses may be changed by any party by written notice to all other parties. If to City: If to Developer: City of National City Attention: City Manager 1243 National City Boulevard National City, CA 91950 Kimball Apartments, LLC 9865 Mesa Rim Road, Suite 215 San Diego, CA 92121 (h) Exhibits and Recitals Incorporated. All exhibits referred to in this Agreement are hereby incorporated in this Agreement by this reference, regardless of whether or not the exhibits are actually attached to this Agreement. The Recitals to this Agreement are hereby incorporated in this Agreement by this reference. (i) Further Assurances. If Developer does not receive all of the necessary permits and approvals to construct the Project, Developer and the City agree that this Agreement and the density bonus granted herein shall be null and void and of no further force and effect and Developer and the City agree to take all reasonable steps and to execute and cause to be recorded all 8 152 of 199 Attachment No. 2 documents reasonably necessary to remove this Agreement and the Deed of Trust from the record chain of title to the Property. 16. Risk of Market Conditions. Developer shall bear sole responsibility for developing, constructing and marketing the units covered by this Agreement, pursuant to the approvals that the City has issued for the Development and the requirements contained in this Agreement. The City shall have no obligation to amend this Agreement, and the Developer shall reimburse the City for administrative costs associated with any modification of this Agreement that shall require the approval of the City Council of National City. 17. Signature Authority. All individuals signing this Agreement for a party which is a corporation, limited liability company, partnership or other legal entity, or signing under a power of attorney, or as a trustee, guardian, conservator, or in any other legal capacity, covenant to the other party hereto that he or she has the necessary capacity and authority to act for, sign and bind the respective entity or principal on whose behalf he or she is signing. CITY: City of National City By: Brad Raulston, City Manager APPROVED AS TO FORM: By: Charles Bell Jr., City Attorney [SIGNATURES CONTINUED ON FOLLOWING PAGE] 9 153 of 199 Attachment No. 2 DEVELOPER: Kimball Apartments, LLC, a California limited liability company By: Luigi Angelucci, Member 10 154 of 199 Attachment No. 2 ACKNOWLEDGMENT 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 San Diego On , 2021, before me, , notary public, 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. I 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. Signature (Seal) 11 155 of 199 Attachment No. 2 ACKNOWLEDGMENT 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 San Diego ) ) ) On , 2021, before me, , notary public, 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. I 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. Signature (Seal) 12 156 of 199 Attachment No. 2 EXHIBIT "A" Legal Description of the Property That certain real property located in the City of National City, County of San Diego, State of California more particularly described as follows: Parcel 1: All that portion of the Easterly half of 20 acres Lot 1, in quarter Section 132 of Rancho De La Nacion, in the City of National City, County of San Diego, State of California, according to map thereof No. 166, filed in the Office of the County Recorder of San Diego County, described as follows: Commencing at the Northeasterly corner of said Lot 1; thence South 19° East along the Easterly line of said Lot, 40 feet to the Southerly line of 8th Street, thence South 71° West, along said Southerly line of 8th Street, 170 feet to the Northeasterly corner of parcel of land conveyed to S.M. Mann, by deed dated February 12, 1943 and recorded in Book 1470, Page 60 of Official Records and the true point of beginning; thence South 19° East, along the Easterly line of land so conveyed 130 feet; thence South 71° West, 80 feet; thence North 19° West, parallel with said Easterly line 130 feet to said Southerly line of 8th Street; thence North 71° East, along said Southerly line 80 feet to the true point of beginning. Parcel 2: All that portion of the Easterly half of 20 acres Lot 1 in quarter Section 132 of Rancho De La Nacion, in the City of National City, County of San Diego, State of California, according to map thereof No. 166, filed in the Office of the County Recorder of San Diego County, described as follows: Commencing at the Northeasterly corner of said Lot 1, thence South 19° East along the Easterly line of said Lot, 40 feet to the Southerly line of 8th Street; thence South 71° West, along said Southerly line of 8th Street, 170 feet to the Northeasterly corner of parcel of land conveyed to S.M. Mann, by deed dated February 12, 1943 and recorded in Book 1470, Page 60 of Official Records; thence South 19° East along the Easterly line of land so conveyed 130 feet; thence South 71° West, 80 feet to the true point of beginning; thence continuing South 71° West, 60 feet to the Easterly line of the Westerly 10 feet of the Easterly 320 feet of said 20 acre Lot 1; thence North 19° West, along said Easterly line, 130 feet to said Southerly line of 8th Street, thence North 71° East, along said Southerly line of 8th Street, 60 feet to a line bearing North 19° West, from the true point of beginning; thence South 19° East, along said line, 130 feet to said true point of beginning. Parcel 3: That portion of the East half of 20 acre Lot 1 in quarter Section 132 of Rancho De La Nacion, in the City of National City, County of San Diego, State of California, according to map thereof No. 166, filed in the Office of the County Recorder of San Diego County, May 11, 1869, described as follows: 13 157 of 199 Attachment No. 2 Commencing at the Northeast corner of said 20 acre Lot 1; thence along the Easterly line of said 20 acre Lot 1 South 19°00'00" West, 40.00 feet to the Southerly line of Eighth Street as shown on said Map No. 166; thence along said Southerly line South 71°00'00" West, 95.00 feet to the Northwest corner of land described in deed to Walter C. Daily, et al, recorded June 7, 1961 as File No. 97523, being the true point of beginning; thence continuing along the Southerly line of said Eighth Street, South 71°00'00" West, 75.00 feet to the Westerly line of land described in deed to Bruce A. Stafford, et al, recorded June 1, 1981 as File No. 81-169674; thence along the Westerly line of said Stafford's land South 19°00'00" East 185.86 East; South 26°00'00" West, 84.85 feet; and South 19°00'00" East, 4.14 feet to an angle point in the boundary of land described in deed to Rachel Pietila, et al, recorded April 9, 1970 as File No. 67124; thence along the boundary of said Pietila's land North 71 °00'00" East to a line which is parallel with and 10.00 feet Southeasterly of the Northwesterly line of land described in deed to John M. Stafford et ux, recorded June 29, 1939 in Book 927, Page 5 of Official Records; thence along said line North 26°00'00" East, 84.85 feet; and North 19°00'00" West, 55.00 feet to the Westerly prolongation of the Southerly line of said Daily's land; thence along said prolongation North 71 °00'00" East, 65.00 feet to the Southwest corner of said Daily's land; thence along the Westerly line of said Daily's land North 19°00'00" West, 135.00 feet to the true point of beginning. Parcel 4: That portion of the Easterly half of 20 acre Lot 1 in quarter Section 132 of Rancho De La Nacion, in the City of National City, County of San Diego, State of California, according to map thereof No. 166, filed in the Office of the County Recorder of said San Diego County, May 11, 1869, described as follows: Commencing at the Northeasterly corner of said 20 acre Lot 1, being a point in the center line of Eighth Street; thence along the Easterly line of said lot South 19° East, 40.0 feet to the true point of beginning; thence continuing along Easterly line South 19° East, 135.00 feet; thence South 71° West, 95.00 feet; thence North 19° West, parallel with the Easterly line of said lot, 135.0 feet to the Southerly line of said Eighth Street; thence along said Southerly line, North 71° East, 95.0 feet to the true point of beginning. Excepting therefrom the Easterly 30.0 feet thereof. Assessor's Parcel Number: 556-510-63 14 158 of 199 Attachment No. 3 No Fees per Government Code 6103 Recording Requested By: National City Housing Authority When Recorded Mail To: National City Housing Authority Attention: Executive Director 1243 National City Boulevard National City, CA 91950 PERFORMANCE DEED OF TRUST (1126 East 8th Street -Kimball Studios) THIS DEED OF TRUST is dated as of the day of , 2021, between Kimball Apartments, LLC, a California limited liability company ("Trustor"), whose address is 9865 Mesa Rim Road, Suite 215, San Diego, California 92121, Orange Coast Title Company ("Trustee"), and the City of National City ("Beneficiary"), whose address is 1243 National City Boulevard, National City, California 91950. TRUSTOR HEREBY irrevocably grants, transfers, and assigns to Trustee, in trust, with power of sale, all that property in the City of National City, County of San Diego, State of California, described as ("Property"): (See Legal Description - Exhibit "A") FOR THE PURPOSE OF SECURING: (1) The timely performance of the Affordable Housing Density Bonus Agreement of even date herewith ("Agreement"), between the Beneficiary and the Trustor, and any renewals, extensions, modifications or amendments to the Agreement by the Trustor and each and every covenant set forth herein; and (2) The performance of each agreement contained in this Deed of Trust. A. TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR AGREES: 1. Defense of Security. To appear in and defend any action or proceeding purporting to affect the security of this Deed of Trust or the rights or powers of Beneficiary or Trustee; and to pay all costs and expenses, including cost of evidence of title and attorneys' fees in a reasonable sum, in any such action or proceeding in which Beneficiary or Trustee may appear, and in any suit brought by Beneficiary to foreclose on this Deed of Trust. 1 159 of 199 Attachment No. 3 2. Payment of Liens and Taxes. To pay, when due, all taxes and assessments affecting the Property, including assessments on appurtenant water stock, all encumbrances, charges, and liens, with interest, on the Property or any part of the Property, which appear to be prior or superior to this Deed of Trust, and all costs, fees, and expenses of this Deed of Trust. If Trustor fails to make any payment or to do any act as provided in this Deed of Trust, then Beneficiary or Trustee may (but is not obligated to) make the payment or do the act in the required manner and to the extent deemed necessary by Beneficiary or Trustee to protect the security of this Deed of Trust. The performance by Beneficiary or Trustee of such an act shall not require notice to or demand upon Trustor and shall not release Trustor from any obligation under this Deed of Trust. Beneficiary or Trustee shall also have the following related rights and powers: to enter upon the Property for the foregoing purposes; to appear in and defend any action or proceeding purporting to affect the security of this Deed of Trust or the rights or powers of Beneficiary or Trustee; to pay, purchase, contest, or compromise any encumbrance, charge, or lien that in the judgment of either appears to be prior or superior to this Deed of Trust; to employ counsel; and to pay necessary expenses and costs, including attorneys' fees. 3. Reimbursement of Costs. To pay immediately and without demand all sums expended by Beneficiary or Trustee pursuant to this Deed of Trust, with interest from date of expenditure at the amount allowed by law in effect at the date of this Deed of Trust, and to pay any reasonable amount demanded by Beneficiary (up to the maximum allowed by law at the time of the demand) for any statement regarding the obligation secured by this Deed of Trust. 4. Use. That it will not permit or suffer the use of any of the Property for any purpose other than the use for which the same was intended at the time this Deed of Trust was executed. 5. Incorporation of Agreement. That the Agreement is incorporated herein by reference and made a part of this Deed of Trust. 6. Performance of Other Obligations. To perform, in a timely manner, each agreement and covenant by and between Trustor on any and all notes, loans and deeds of trust that are senior and/or junior to this Deed of Trust. A default in any of these obligations, beyond any applicable cure period, shall constitute a default under this Deed of Trust. B. THE PARTIES AGREE THAT: 7. Waiver of Late Payments. By accepting payment of any sum secured by this Deed of Trust after its due date, Beneficiary does not waive its right either to require prompt payment when due of all other sums so secured or to declare default for failure to pay any indebtedness secured by this Deed of Trust. 2 160 of 199 Attachment No. 3 8. Full Reconveyance. Upon expiration of the term of the Agreement and written request of Beneficiary, and payment of Trustee's fees and charges, Trustee shall reconvey, without warranty, the Property then subject to this Deed of Trust. The recitals in the reconveyance shall be conclusive proof of the truthfulness of the recitals. The grantee in the reconveyance may be described as "the person or persons legally entitled thereto." 9. Assignment of Rents. As additional security, Trustor hereby gives to and confers upon Beneficiary the right, power, and authority during the continuance of this Deed of Trust, to collect the rents, issues, and profits of the Property, but reserves the right, prior to any default by Trustor in payment of any indebtedness secured by this Deed of Trust or in the performance of any agreement under this Deed of Trust, to collect and retain these rents, issues, and profits as they become due and payable. Upon any such default beyond any applicable cure period, Beneficiary may, without notice and without regard to the adequacy of the security for the indebtedness secured by this Deed of Trust, either personally or by agent or court -appointed receiver, do the following: enter upon and take possession of the Property or any part of the Property; sue for or otherwise collect all rents, issues, and profits, including those past due and unpaid; and apply these rents, issues, and profits, less costs and expenses of operation and collection (including reasonable attorneys' fees), upon any indebtedness secured by this Deed of Trust, in any order determined by Beneficiary. The exercise of the foregoing rights by Beneficiary shall not cure or waive any default or notice of default under this Deed of Trust or invalidate any act done pursuant to such a notice. 10. Default and Foreclosure. Upon default under the Agreement, subject to any applicable notice and cure rights contained in the Agreement, or in the performance of any obligation under this Deed of Trust beyond any applicable cure period, Beneficiary may declare all obligations secured by this Deed of Trust immediately due and payable by delivering to Trustee a written declaration of default and demand for sale and a written notice of default and election to sell the Property. Trustee shall cause the notice of default and election to sell to be recorded. After the required time period has lapsed following the recordation of the notice of default, and after notice of sale has been given as required by law, Trustee, without demand on Trustor, shall sell the Property at the time and place specified in the notice of sale, either as a whole or in separate parcels, and in any order determined by Trustee, at public auction to the highest bidder for cash in lawful money of the United States, payable at the time of sale. Trustee may postpone sale of all or any portion of the Property by public announcement at the time and place of sale, and from time to time thereafter may postpone the sale by public announcement at the time fixed by the preceding postponement. Trustee shall deliver to the purchaser at the auction its deed conveying the Property sold, but without any covenant or warranty, express or implied. The recital in the deed of any matter or fact shall be conclusive proof of the truthfulness of the recital. Any person, including Trustor, Trustee, or Beneficiary, may purchase at the sale. After deducting all costs, fees, and expenses of Trustee and Beneficiary under this paragraph, including costs of procuring evidence of title incurred in connection with sale, Trustee shall apply the proceeds of sale to payment of: all sums expended under the terms of this Deed of Trust, not then repaid, with accrued interest at the amount allowed by law in effect at the date of this Deed of Trust; all other sums then secured by this Deed of Trust; and the remainder, if any, to the person or persons legally entitled to the remaining proceeds. 3 161 of 199 Attachment No. 3 11. Due on Sale or Further Encumbrance. Trustor shall not sell, transfer or otherwise dispose of the real property described in this deed of trust, or any portion thereof, or any interest therein unless the proposed transferee shall have executed and delivered to the Beneficiary an express written assumption of all of Trustor's obligations hereunder this deed of trust, on a form reasonably acceptable to the Beneficiary. Consent to one transaction of this type will not constitute a waiver of the right to acquire consent to future or successive transactions. 12. General Provisions. This Deed of Trust applies to, inures to the benefit of, and binds all parties to this Deed of Trust and their heirs, legatees, devisees, administrators, executors, successors, and assigns. The term `Beneficiary" shall mean the City of National City, and its successors and assigns. In this Deed of Trust, whenever the context so requires, the masculine gender includes the feminine and/or neuter, and the singular number includes the plural. 13. Substitution of Trustees. Beneficiary, or any successor in ownership of any obligations secured by this Deed of Trust, may from time to time, by written instrument, substitute a successor or successors to any Trustee named in or acting under this Deed of Trust. The substitution instrument shall contain the name of the original Trustor, Trustee, and Beneficiary under this Deed of Trust, the book and page where this Deed is recorded, and the name and address of the new Trustee. When executed by Beneficiary and duly acknowledged and recorded in the office of the recorder of the county or counties where the Property is situated, the substitution instrument shall be conclusive proof of proper substitution of the successor Trustee or Trustees. Any successor Trustee or Trustees shall, without conveyance from the Trustee predecessor, succeed to all its title, estate, rights, powers, and duties. 14. Cumulative Powers and Remedies. The powers and remedies conferred in this Deed of Trust are concurrent and cumulative to all other rights and remedies provided in this Deed of Trust or given by law. These powers and remedies may be exercised singly, successively, or together, and as often as deemed necessary. 15. Conclusiveness of Recitals. The recitals contained in any reconveyance, trustee's deed, or any other instrument executed by the Trustee from time to time under the authority of this Deed of Trust or in the exercise of its powers or the performance of its duties under this Deed of Trust, shall be conclusive evidence of their truth, whether stated as specific and particular facts, or in general statements or conclusions absent manifest error. Further, the recitals shall be binding and conclusive upon the Trustor, its heirs, executors, administrators, successors, and assigns, and all other persons. 16. Attorneys' Fees. If any action is brought for the foreclosure of this Deed of Trust or for the enforcement of any provision of this Deed of Trust (whether or not suit is filed), Trustor agrees to pay all costs and expenses of Beneficiary and Trustee, including reasonable attorneys' fees; and these sums shall be secured by this Deed of Trust. The prevailing party in any litigation, including but not limited to arbitration, writ petitions, complaints, and/or actions for declaratory relief, brought to enforce, interpret or reform the provisions of this Deed of Trust shall be entitled to reasonable attorneys' and experts' fees, costs and out-of-pocket expenses (whether or not considered recoverable "costs" under applicable statute) incurred in such litigation. 4 162 of 199 Attachment No. 3 17. Request for Notices of Default and Sale. In accordance with Section 2924b of the California Civil Code, request is hereby made that a copy of any Notice of Default and a copy of any Notice of Sale under that Deed of Trust executed by the Trustor concerning this Property be mailed to: City of National City Attention: Executive Director 1243 National City Boulevard National City, CA 91950 NOTICE: A copy of any notice of default and of any notice of sale will be sent only to the address contained in this recorded request. If your address changes, a new request must be recorded. 18. Inspections. Trustor shall permit Beneficiary and its agents or representatives, to inspect the Property at any and all reasonable times, upon 48 hours advance notice to Trustor. Inspections shall be conducted so as not to interfere with the tenants' use and enjoyment of the Property. 19. Hazardous Materials Defined. For purposes of this Deed of Trust, "Hazardous Materials" means and includes any flammable, explosive, or radioactive materials or hazardous, toxic or dangerous wastes, substances or related materials or any other chemicals, materials or substances, exposure to which is prohibited, limited or regulated by any federal, state, county, regional or local authority or which, even if not so regulated, may or could pose a hazard to the health and safety of the occupants of the Property or of property adjacent to the Property, including, but not limited to, asbestos, PCBs, petroleum products and byproducts, substances defined or listed as "hazardous substances" or "toxic substances" or similarly identified in, pursuant to, or for purposes of, the California Solid Waste Management, Resource Recovery and Recycling Act (California Government Code Section 66700 et seq.), the Comprehensive Environmental Response, Compensation, and Liability Act, as amended (42 U.S.C. Section 9601, et seq.), the Hazardous Materials Transportation Act (49 U.S.C. Section 1801, et seq.), the Resource Conservation and Recovery act (42 U.S.C. Section 6901, et seq.), Section 25117 or Section 25316 of the California Health & Safety Code; and any so-called "Superfund" or "Superlien" law, or any other federal, state or local statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to or imposing liability or standards of conduct concerning any hazardous, toxic or dangerous waste, substance or material; or any substances or mixture regulated under the Toxic Substance Control Act of 1976, as now or hereafter amended (15 U.S.C. Section 2601 et seq.); and any "toxic pollutant" under the Clean Water Act, as now or hereafter amended (33 U.S.C. Section 1251 et seq.); and any hazardous air pollutant under the Clean Air Act, as now or hereafter amended (42 U.S.C. Section 7901 et seq.). Notwithstanding the above, the term "Hazardous Materials" shall not include small amounts of chemicals, cleaning agents and the like commonly employed in routine household uses in a manner typical of occupants in other similar residential properties provided they are used in compliance with applicable laws. The term "Hazardous Materials Laws" means any federal, state or local law, code, statute, ordinance, rule, regulation, rule of common law or guideline relating to Hazardous Materials now or hereafter enacted or promulgated (collectively, and including, without limitation, any such laws which require notice of the use, 5 163 of 199 Attachment No. 3 presence, storage, generation, disposal or release of any Hazardous Materials to be provided to any party). 20. Trustor's Hazardous Materials Representations and Warranties and Indemnity. In addition to the general and specific representations, covenants and warranties set forth in the Deed of Trust or otherwise, Trustor represents, covenants and warrants, with respect to Hazardous Materials, as follows: (a) Neither Trustor nor, to the best knowledge of Trustor, any other person, has ever caused or permitted any Hazardous Materials to be manufactured, placed, held, located or disposed of on, under or at the Property or any part thereof, and neither the Property nor any part thereof, or any property adjacent thereto, has ever been used (whether by the Trustor or, to the best knowledge of the Trustor, by any other person) as a manufacturing site, dump site or storage site (whether permanent or temporary) for any Hazardous Materials; (b) Trustor hereby agrees to indemnify Beneficiary, its officers, employees, contractors and agents, and hold Beneficiary, its officers, employees, contractors and agents harmless from and against any and all losses, liabilities, damages, injuries, costs, expenses and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against Beneficiary, its officers, employees, contractors and agents for, with respect to, or as a direct or indirect result of, the presence or use, generation, storage, release, threatened release or disposal of Hazardous Materials on or under the Property or the escape, seepage, leakage, spillage, discharge, emission or release of any Hazardous Materials from the Property (including, without limitation, any losses, liabilities, damages, injuries, costs, expenses or claims asserted or arising under CERCLA, any so-called "Superfund" or "Superlien" law, or any other federal, state or local statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to or imposing liability or standards of conduct concerning any Hazardous Materials) regardless of whether or not caused by or within the control of Trustor, except to the extent arising as a result of the negligence or willful misconduct of Beneficiary. (c) Trustor has not received any notice of (i) the happening of any event involving the use, spillage, discharge, or cleanup of any Hazardous Materials ("Hazardous Discharge") affecting Trustor or the Property or (ii) any complaint, order, citation or notice with regard to air emissions, water discharges, noise emissions or any other environmental, health or safety matter affecting Trustor or the Property ("Environmental Complaint") from any person or entity, including, without limitation, the United States Environmental Protection Agency ("EPA"). If Trustor receives any such notice after the date hereof, then Trustor will give, within seven (7) business days thereafter, oral and written notice of same to Beneficiary. (d) Without limitation of Beneficiary's rights under this Deed of Trust, Beneficiary shall have the right, but not the obligation, to enter onto the Property or to take such other actions as it deems necessary or advisable to clean up, remove, resolve or minimize the impact of, or otherwise deal with, any such Hazardous Materials or Environmental Complaint upon its receipt of any notice from any person or entity, including without limitation, the EPA, asserting the existence of any Hazardous Materials or an Environmental Complaint on or pertaining to the Property which, if true, could result in an order, suit or other action against Trustor affecting any 6 164 of 199 Attachment No. 3 part of the Property by any governmental agency or otherwise which, in the sole opinion of Beneficiary, could jeopardize its security under this Deed of Trust. All reasonable costs and expenses incurred by Beneficiary in the exercise of any such rights shall be secured by this Deed of Trust and shall be payable by Trustor upon demand together with interest thereon at a rate equal to the highest rate payable by law. (e) The foregoing representation, covenants, indemnities and warranties shall be continuing and shall be true and correct for the period from the date hereof to the release of this Deed of Trust (whether by satisfaction of the obligations secured hereby or foreclosure or action in lieu thereof), and these representations, covenants, indemnities and warranties shall survive such release. 21. Authority to Sign. All individuals signing this Deed of Trust for a party which is a corporation, limited liability company, partnership or other legal entity, or signing under a power of attorney, or as a trustee, guardian, conservator, or in any other legal capacity, covenant to the Beneficiary that they have the necessary capacity and authority to act for, sign and bind the respective entity or principal on whose behalf they are signing. 22. Agreement to Cooperate With Lenders. Beneficiary recognizes that the Property will serve as security for other obligations of Trustor, from time -to -time, and Beneficiary agrees to cooperate with Trustor to with respect to the grant of any such security. Without limiting the generality of the foregoing, upon Trustor's request, Beneficiary agrees to: (i) provide an estoppel certificate to another lender of Trustor, (ii) enter into an agreement to provide for any notices that are given to Trustor by Beneficiary will also be given to another lender (and that such lender will have the right to cure), and (iii) to enter into an agreement with another lender, to provide reasonable assurances to such lender as such lender may require in order to lend to Trustor, provided such assurances do not materially impact Beneficiary's rights hereunder. TRUSTOR: Kimball Apartments, LLC, a California limited liability company By: Luigi Angelucci, Member 7 165 of 199 Attachment No. 3 ACKNOWLEDGMENT 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 San Diego On , 2021, before me, , notary public, 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. I 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. Signature (Seal) 8 166 of 199 Attachment No. 3 Exhibit "A" Legal Description That certain real property located in the City of National City, County of San Diego, State of California more particularly described as follows: Parcel 1: All that portion of the Easterly half of 20 acres Lot 1, in quarter Section 132 of Rancho De La Nacion, in the City of National City, County of San Diego, State of California, according to map thereof No. 166, filed in the Office of the County Recorder of San Diego County, described as follows: Commencing at the Northeasterly corner of said Lot 1; thence South 19° East along the Easterly line of said Lot, 40 feet to the Southerly line of 8th Street, thence South 71° West, along said Southerly line of 8th Street, 170 feet to the Northeasterly corner of parcel of land conveyed to S.M. Mann, by deed dated February 12, 1943 and recorded in Book 1470, Page 60 of Official Records and the true point of beginning; thence South 19° East, along the Easterly line of land so conveyed 130 feet; thence South 71° West, 80 feet; thence North 19° West, parallel with said Easterly line 130 feet to said Southerly line of 8th Street; thence North 71° East, along said Southerly line 80 feet to the true point of beginning. Parcel 2: All that portion of the Easterly half of 20 acres Lot 1 in quarter Section 132 of Rancho De La Nacion, in the City of National City, County of San Diego, State of California, according to map thereof No. 166, filed in the Office of the County Recorder of San Diego County, described as follows: Commencing at the Northeasterly corner of said Lot 1, thence South 19° East along the Easterly line of said Lot, 40 feet to the Southerly line of 8th Street; thence South 71° West, along said Southerly line of 8th Street, 170 feet to the Northeasterly corner of parcel of land conveyed to S.M. Mann, by deed dated February 12, 1943 and recorded in Book 1470, Page 60 of Official Records; thence South 19° East along the Easterly line of land so conveyed 130 feet; thence South 71° West, 80 feet to the true point of beginning; thence continuing South 71° West, 60 feet to the Easterly line of the Westerly 10 feet of the Easterly 320 feet of said 20 acre Lot 1; thence North 19° West, along said Easterly line, 130 feet to said Southerly line of 8th Street, thence North 71° East, along said Southerly line of 8th Street, 60 feet to a line bearing North 19° West, from the true point of beginning; thence South 19° East, along said line, 130 feet to said true point of beginning. Parcel 3: That portion of the East half of 20 acre Lot 1 in quarter Section 132 of Rancho De La Nacion, in the City of National City, County of San Diego, State of California, according to map thereof No. 166, filed in the Office of the County Recorder of San Diego County, May 11, 1869, described as follows: 9 167 of 199 Attachment No. 3 Commencing at the Northeast corner of said 20 acre Lot 1; thence along the Easterly line of said 20 acre Lot 1 South 19°00'00" West, 40.00 feet to the Southerly line of Eighth Street as shown on said Map No. 166; thence along said Southerly line South 71°00'00" West, 95.00 feet to the Northwest corner of land described in deed to Walter C. Daily, et al, recorded June 7, 1961 as File No. 97523, being the true point of beginning; thence continuing along the Southerly line of said Eighth Street, South 71°00'00" West, 75.00 feet to the Westerly line of land described in deed to Bruce A. Stafford, et al, recorded June 1, 1981 as File No. 81-169674; thence along the Westerly line of said Stafford's land South 19°00'00" East 185.86 East; South 26°00'00" West, 84.85 feet; and South 19°00'00" East, 4.14 feet to an angle point in the boundary of land described in deed to Rachel Pietila, et al, recorded April 9, 1970 as File No. 67124; thence along the boundary of said Pietila's land North 71 °00'00" East to a line which is parallel with and 10.00 feet Southeasterly of the Northwesterly line of land described in deed to John M. Stafford et ux, recorded June 29, 1939 in Book 927, Page 5 of Official Records; thence along said line North 26°00'00" East, 84.85 feet; and North 19°00'00" West, 55.00 feet to the Westerly prolongation of the Southerly line of said Daily's land; thence along said prolongation North 71 °00'00" East, 65.00 feet to the Southwest corner of said Daily's land; thence along the Westerly line of said Daily's land North 19°00'00" West, 135.00 feet to the true point of beginning. Parcel 4: That portion of the Easterly half of 20 acre Lot 1 in quarter Section 132 of Rancho De La Nacion, in the City of National City, County of San Diego, State of California, according to map thereof No. 166, filed in the Office of the County Recorder of said San Diego County, May 11, 1869, described as follows: Commencing at the Northeasterly corner of said 20 acre Lot 1, being a point in the center line of Eighth Street; thence along the Easterly line of said lot South 19° East, 40.0 feet to the true point of beginning; thence continuing along Easterly line South 19° East, 135.00 feet; thence South 71° West, 95.00 feet; thence North 19° West, parallel with the Easterly line of said lot, 135.0 feet to the Southerly line of said Eighth Street; thence along said Southerly line, North 71° East, 95.0 feet to the true point of beginning. Excepting therefrom the Easterly 30.0 feet thereof. Assessor's Parcel Number: 556-510-63 10 168 of 199 Attachment No. 4 No Fees per Government Code 6103 Recording Requested By: When Recorded Mail To: National City Housing Authority Attention: Executive Director 1243 National City Boulevard National City, CA 91950 SUBORDINATION AGREEMENT (1126 East 8th Street -Kimball Studios) THIS SUBORDINATION AGREEMENT ("Subordination Agreement") is dated as of the _ day of , 2021, by the City of National City ("City"), Kimball Apartments, LLC, a California limited liability company ("Borrower") and Citizens Business Bank ("Lender"). RECITALS A. Borrower is the owner of certain real property generally located at 1126 East 8th Street, in the City of National City, County of San Diego, California ("Property"), as more particularly described in: (i) that certain Deed of Trust made by Borrower in favor of Lender, dated as of November 15, 2019, and recorded in the Office of the Recorder of the County of San Diego, State of California on November 22, 2019, as Instrument No. 2019-0544029 ("Lender Deed of Trust"); (ii) that certain Assignment of Rents made by Borrower in favor of Lender, dated as of November 15, 2019, and recorded in the Office of the Recorder of the County of San Diego, State of California on November 22, 2019, as Instrument No. 2019-0544030 ("Assignment of Rents"); (iii) that certain Hazardous Substances Certificate and Indemnity Agreement made by Borrower in favor of Lender, dated as of November 15, 2019, and recorded in the Office of the Recorder of the County of San Diego, State of California on November 22, 2019, as Instrument No. 2019- 0544031 ("Indemnity Agreement"); and (iv) that certain Financing Statement in favor of Lender recorded in the Office of the Recorder of the County of San Diego, State of California on November 22, 2019, as Instrument No. 2019-0544032 ("Financing Statement"). The Lender Deed of Trust, Assignment of Rents, Indemnity Agreement and Financing Statement shall be referred to collectively herein as the "Lender Security Instruments." B. Concurrently with recordation of this Subordination Agreement, Borrower is causing the following to be recorded against the Property in the Office of the Recorder of the County of San Diego, State of California: (i) an Affordable Housing Density Bonus Agreement ("Density Bonus Agreement") by and between the City and Borrower; and (ii) a Deed of Trust ("City Deed of Trust") executed by the Borrower in favor of the City. 1 169 of 199 Attachment No. 4 C. City, Lender and Borrower all agree and desire to execute this Subordination Agreement to memorialize their understanding and agreement with regard to the respective priorities of each of the above -referenced documents. It is the intention of the parties that the Density Bonus Agreement shall unconditionally be and remain at all times a lien, claim and charge on the Property prior and superior to the Lender Security Instruments and that the Lender Security Instruments shall unconditionally be and remain at all times liens, claims and charges on the Property prior and superior to the City Deed of Trust. NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the City, Lender and Borrower hereby agree as follows: AGREEMENT 1. Subordination of the Lender Security Instruments to the Density Bonus Agreement. The Lender Security Instruments, together with all rights and privileges of Lender and Borrower thereunder, are hereby irrevocably and unconditionally made subordinate to and subject to the Density Bonus Agreement and the Density Bonus Agreement is and will remain at all times, a lien, claim and charge on the Property prior and superior to the Lender Security Instruments and to all rights and privileges of Lender and Borrower thereunder; provided, however, that a violation of the Density Bonus Agreement shall not defeat, render invalid or limit the Lender Security Instruments. 2. Subordination of the City Deed of Trust to the Lender Security Instruments. The City Deed of Trust, together with all rights and privileges of the City and Borrower thereunder, are hereby irrevocably and unconditionally made subordinate to and subject to the Lender Security Instruments and the Lender Security Instruments will remain at all times liens, claims and charges on the Property prior and superior to the City Deed of Trust and all rights and privileges of the City and Borrower thereunder. 3. Notices. City, Lender and Borrower agree to give to each other copies of all notices of events of default under their respective documents. All notices given under this Subordination Agreement shall be in writing and sent to the party at its address appearing below (a) by certified or registered U.S. mail, return receipt requested, (b) overnight by a nationally recognized overnight courier such as UPS Overnight or FedEx, or (c) by personal delivery. All notices shall be effective upon receipt (or refusal to accept delivery). These addresses may be changed by any party by written notice to all other parties. If to the City: If to Borrower: City of National City Attention: City Manager 1243 National City Boulevard National City, CA 91950 Kimball Apartments, LLC 9865 Mesa Rim Road, Suite 215 San Diego, CA 92121 2 170 of 199 Attachment No. 4 If to Lender: Citizens Business Bank 610 West Ash Street, Suite 1100 San Diego, CA 92101 4. Whole Agreement; Binding Effect. This Subordination Agreement is the whole and only agreement with regard to the priority of the lien, claim and charge of the Density Bonus Agreement, the Lender Security Instruments and the City Deed of Trust. This Subordination Agreement is binding on and inures to the benefit of the legal representatives, heirs, successors and assigns of the parties. 5. Attorney's Fees. If any party to this Subordination Agreement brings an action to interpret or enforce its rights under this Subordination Agreement, the prevailing party will be entitled to recover its costs and reasonable attorney's fees as awarded in the action. 6. Governing Law. This Subordination Agreement is governed by, and shall be construed in accordance with, the laws of the State of California. 7. Counterparts. This Subordination Agreement may be executed in counterparts, and all counterparts constitute but one and the same document. 8. Signatures. All individuals signing this Subordination Agreement for a party which is a corporation, limited liability company, partnership or other legal entity, or signing under a power of attorney, or as a trustee, guardian, conservator, or in any other legal capacity, covenant to one another that they have the necessary capacity and authority to act for, sign and bind the respective entity or principal on whose behalf they are signing. IN WITNESS WHEREOF, the parties have executed this Subordination Agreement as of the date first set forth above and agree to be bound hereby. LENDER: Citizens Business Bank By: Print Name: Its: [SIGNATURES CONTINUED ON FOLLOWING PAGE] 3 171 of 199 Attachment No. 4 BORROWER: Kimball Apartments, LLC, a California limited liability company By: Luigi Angelucci, Member [SIGNATURES CONTINUED ON FOLLOWING PAGE] 4 172 of 199 Attachment No. 4 CITY: City of National City By: Brad Raulston, City Manager APPROVED AS TO FORM: By: Charles Bell Jr., City Attorney _5 173 of 199 Attachment No. 4 ACKNOWLEDGMENT 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 San Diego On , 2021, before me, , notary public, 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. I 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. Signature (Seal) 6 174 of 199 Attachment No. 4 ACKNOWLEDGMENT 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 San Diego ) ) ) On , 2021, before me, , notary public, 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. I 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. Signature (Seal) 7 175 of 199 Attachment No. 4 ACKNOWLEDGMENT 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 San Diego On , 2021, before me, , notary public, 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. I 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. Signature (Seal) 8 176 of 199 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 Power Your Drive for Parks Public Electric Vehicle Charging Program Participation Agreement with San Diego Gas & Electric Company (SDG&E) for the installation of six Electric Vehicle Charging Stations, associated equipment and infrastructure, at Las Palmas Park (located at 1810 E. 22nd Street) to be used by the public, at their own expense, as part of SDG&E's "Power Your Drive for Parks" Program, and 2) granting and authorizing the recordation of an easement on parcel No. 561-360-35-00 to SDG&E for the installation of electric vehicle charging station infrastructure. (Engineering/Public Works) Please scroll down to view the backup material. 177 of 199 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING February 2, 2021 AGENDA ITEM ITEM TITLE: Resolution of the City Council of the City of National City 1) authorizing the Mayor to execute a Power Your Drive for Parks Public Electric Vehicle Charging Program Participation Agreement with San Diego Gas & Electric Company (SDG&E) for the installation of six Electric Vehicle Charging Stations, associated equipment and infrastructure, at Las Palmas Park (located at 1810 E. 22nd Street) to be used by the public, at their own expense, as part of SDG&E's "Power Your Drive for Parks" Program, and 2) granting and authorizing the recordation of an easement on parcel No. 561-360-35-00 to SDG&E for the installation of electric vehicle charging station infrastructure. PREPARED BY: Jose Lopez, Deputy City Engi PHONE: 619-336-4312 EXPLANATION: See attached. DEPARTMENT: Engi �erin9 aPublic Works APPROVED BY: �/ FINANCIAL STATEMENT: APPROVED: FINANCE ACCOUNT NO. APPROVED: MIS SDG&E will install EV Charging Stations, associated equipment and infrastructure at no cost to the City. All users with Power Your Drive accounts will be billed separately by SDG&E for charging their personal vehicles. ENVIRONMENTAL A CEQA Notice of Exemption will be filed with the San Diego County Recorder's Office. ORDINANCE: INTRODUCTION FINAL ADOPTION STAFF RECOMMENDATION: Adopt Resolution authorizing the Mayor to execute a Power Your Drive for Parks Public Electric Vehicle Charging Program Participation Agreement, and granting and authorizing the recordation of an easement on parcel No. 561- 360-35-00 to SDG&E. BOARD / COMMISSION N/A ATTACHMENTS 1. Preliminary Design Exhibits 2. Power Your Drive for Parks Public Electric Vehicle Charging Program Participation Agreement 3. Easement 4. Resolution 178 of 19� EXPLANATION In a continued effort to reduce greenhouse gas emissions (GHGs) and air pollution, SDG&E has adopted a new program, Power Your Drive for Parks Public EV Charging Program, that will bring 66 EV chargers installed at approximately 10 sites in disadvantaged communities throughout the County of San Diego. The two types of chargers that will be installed include: Level 2 (208-240 volt) chargers that can provide up to 10-20 miles of range per hour of charging and DC fast chargers (480 volt) that can provide about 50-60 miles per hour of charging. These chargers will accommodate existing EV drivers and encourage EV adoption. The Program criteria is a follows: disadvantaged communities, site must include an appropriate location to deploy the charging equipment in a cost-effective manner, comply with ADA standards, and agree to program terms & conditions. City staff submitted an application to install EV Charging infrastructure at the two top priority parks that were selected by the City's management team: Kimball Park, and Las Palmas Park. After a site walk -though between City staff and SDG&E at both parks, and the application review by SDG&E, Las Palmas Park (located at 1810 E. 22nd Street) was elected as one of the ten parks in the County to receive EV Charging infrastructure as a part of the Program. The installation will include six Electric Vehicle (EV) Charging Stations (four Level 2, and two DC Fast Chargers), associated equipment and infrastructure to be used by the public, at their own expense, as part of the Program. Users will simply sign up for the Power Your Drive application, enter their billing information and then swipe their phone or key fob to begin charging. SDG&E will install the EV Charging Stations, associated equipment and infrastructure, at no cost to the City. The City is not obligated to perform any inspection or maintenance of installed electric vehicle supply equipment (EVSE). The City will notify SDG&E in cases of vandalism, damaged or non-functioning equipment. In general, the program provides: no cost design, installation and operation of SDG&E infrastructure and EV charging equipment at no cost to the City for a period of eight years. At the end of the eight year term of the agreement, the City may have the option to purchase EVSE at fair market value, subject to regulatory approval, or the California Public Utilities Commission (CPUC) may extend the term of the Program, at which point an amendment may be executed. The City will also have the option to opt -out at the end of the term, if so desired. Staff recommends the City Council adopt the resolution authorizing the Mayor to execute a Power Your Drive for Parks Public Electric Vehicle Charging Program Participation Agreement, and granting and authorizing the recordation of an easement on parcel No. 561-360-35-00 to SDG&E. This project directly supports National City's Strategic Plan, General Plan and Climate Action Plan goals of pursuing green initiatives and building a sustainable city. 179 of 199 8320001 2 - LAS PALMAS PARK CITY OF NATIONAL CITY .N► 11 VICINITY MAP NO SCALE TBj 1310-82 SHEET INDEX SHEET 1: COVER PACE ANC ONE LINE SHIFT 2: SKETCH APPLICANT APPROVAL APPROVAL OF THE SYSTEM DESIGN AS IT APPEARS ON THIS PRELIMINARY DRAWING(S). A Certifies that the location of faai5es to be owned and operated by SOME are acceptable mM are not In oonflwt with App6cant'e Planned Improvement 8. Aolbo. s. SOME bs Plaalled dU the prepervNan at Rad da l:m(e), dlminp(e). and/or cast(.). Any further web ?mend by MIME In 6a proceeded of fide project rill be at the Applieant'e opens. IT: 1. There are charges to the Ayetern doused by the Applicant or the Applicant's authorized reRxeswrtolhn 2 There b a &viatica fr r n the TN/deata bad Information epeclfed on 61. Approved Lead Study which will necwdb0e dedgn and/or emMratlon longed. 3. TM project Is cancelled after contra* nago6aOme have been completed by Applicant and 1HANy. APPtJCANT APPROVAL — Plow et at or Typ 7111E APPLICANT SIGIINIE DATE Copyright 2003 San Diego Ga. d: EMaei. Company. All right* mooned. Removal of thbi oog,ight notice without pwn4Nbn le not perrMRted under low. ONE LINE DIAGRAM NO SCALE CIRCUIT.15 EAA15 S i1 21020 PRO v0T A00RES5191a E 21N05T NATIONAL CITY CAB150 INS: 2/0 J AL 30CN 16' EX.3425 45-455 INS:1-300 HNS D235513 CaS n J AL ]0C NS: 3425 45-455 1-150 FIBS 0238399 .5 a;J AL ]aCN G6a REFERENCE STRUCTURE PI 5605 STRUCTURE COORDINATES [LOC 1] 02355123 N 32.668237. W-117.08379T NOTES 01RE PIftP05E OF NM MORI( ORDER IS TO INSTNJ- 6 NEW EV C116RGEIS FOR LAS PALMS PNM. IN NIDRION TO THE CHARGES ONE FEW TRANS OAE11 AND TWO 200A METERS TALL RE NSTNJED. BCIUDOFF: ELECTRIC SW{) -BY INEMW MITRED FOR ALL WORK AROUND MERGED FACILTIES. ETNL QUESTIONS HEATED TO SERVICE TRBNCH SHOULD BE ORECIED TO DIE APPROPRIATE FTEID CONSTRUCTION AMER. aND SCALE 0 NTS cm/ 2 Wareing Oar Bela, Yoe ay 1-800-227-2600 ro TS 0 Z_ i7 r 0n S 08 0� 0 CO co W N O 0* WI O O 0_ W W W 4 m 3 1 -4m 2 0 0 z En OS EY dl O N a 8 180 of 199 83 2000 1 2 - LAS PALMAS PARK CITY OF NATIONAL CITY AND PLAZA W0000 VICINITY MAP NO SCALE 1S¢ 1310-82 SITE DETAIL SCALE: 1: 10' Call 2 Warldi9 Gaya Before yw Olyf 1-800-227-2600 2003 Son Diego Gan 4d ENatrla Compaal'. All right* naarvad. of No copyright notice PrIUwdt penr4dgon 1d not pwmttGd and. Ira. r INS: DC FAST CHARGER INS: DC FAST CHARGER 200A LOAD STATION 3PH, 4W, 200A 27 /480V UAM108 I NS1- 112" 1-68 INS:14" INS: 2/0 J AL 30CN 16' INS: L2 DUAL CHARGER INS: L2 DUAL CHARGER INS: L2 DUAL CHARGER INS: L2 DUAL CHARGER NEW KVA XX KVA CONNECTED KVA XX KVA XX% NS:1 -1 1/2" 4-#8 1-#8 INS: 13' INS:3-350, 13/0600V 19' INS: 1-3" INS: 3-350, 1-3f0600V 19' INS: 1 -1 1/2" 4-#6 1-#8 INS: 1-1 12" 4-56 1-#8 INS:1 -1 1/2" 4-#6 1 -#8 —'NS:1-112" 4-06 1-#8 EX. 3425 PAD TO REMAIN REM:1-150 HNS 45-455 INS: 1.300 HNS 13235513 INS:3425 45-456 1-150 HES 0238399 aRr rnr�r aND SCALE 0 15' 200A LOAD STATION 3PH, 4W, 200A, 120208V MLENK2 O Z 0 r m n 2 i P ro Md 5 Wg 0 0T 0 w w N rn 0 w do N 0 w .. 9 m --1m 0 cn 0 Z n N N 1 OQ 181 of 199 EDGESDG&E Power Your Drive for Parks Public EV Charging Program Participation Agreement S,,,,i,r, This CUSTOMER PARTICIPATION AGREEMENT ("Agreement") is by and between SAN DIEGO GAS & ELECTRIC COMPANY, a California corporation ("SDG&E") and City of National City ("Program Participant"). SDG&E and Program Participant are referred to individually as a "Party" and collectively as the "Parties." RECITALS A. In support of California's goal to reach 1.5 million zero -emission vehicles by 2025 and infrastructure to support more than 5 million zero -emission vehicles by 2030, Program Participant will permit, and SDG&E will own, install, operate and maintain electric vehicle charging stations at qualifying and selected Park & Beaches as part of SDG&E's Power Your Drive for Parks Public EV Charging Program ("Program") and as approved by the California Public Utilities Commission (CPUC). B. In general, the Program provides: no cost design, installation and operation of SDG&E infrastructure and EV Charging Equipment at no cost to Program Participant for a period of eight (8) years. SDG&E agrees to facilitate billing to EV Drivers using EVSPs as more fully described in Section 1.1 below. C. Purusant to AB 1083, Program Participant and SDG&E are entering into this Agreement for participation in the Program; and for installation and operation of public EV charging infrastructure at Las Palmas Park, 1810 E 22nd St, National City, CA 91950 ("Facility"). AGREEMENT NOW, THEREFORE, the Parties mutually agree as follows: 1.0 GENERAL PROGRAM PARTICIPATION REQUIREMENTS: To participate in the Program, Program Participant agrees to comply with the following requirements: 1.1 Have dedicated parking for the electric vehicles; 1.2 Execute and deliver an SDG&E approved easement which shall be recorded in the office of the County Recorder for the County of San Diego. 1.3 Cooperate with SDG&E to ensure the Facility meets applicable accessibility requirements of the Americans with Disabilities Act (ADA); 1.4 Notify SDG&E in cases of vandalism, damaged or non-functioning equipment. Program Participant is not obligated to perform any inspection or maintenance of installed EVSE; 1.5 Submit Owner Authorized Agent (OAA) Form. OAA approves SDG&E to act as Program Participant's agent as it relates to obtaining any required permits for the installation of the EV infrastructure (Exhibit A) and; 1.6 Support data collection efforts as part of this Program. 2.0 DEFINITIONS ADA: Americans with Disabilities Act. Disadvantaged Community: Communities identified by census tract as being in the top quartile within SDG&E service territory as scored by the Ca1EPA Enviroscreen tool and as approved per SDG&E Advice Letter 2876-E, Submittal of Definition of Disadvantaged Communities for Electric Vehicle -Grid Integration (VGI) Pilot Program Pursuant to Commission Decision 16-01-045. Easement: A real property instrument hereto grant right of way for SDG&E to construct, maintain; operate -and -repair -any S-D4 & E-owned-infrastructure. 1 182 of 199 SDGE SDG&E Power Your Drive for Parks Public EV Charging Program mmow Participation Agreement s,- �„e,. Effective Date: The date that this Agreement is dually signed and executed. EV: Electric Vehicle. EV Driver: An EV operator who parks at and uses the EVSE at the Facility. EVSE: Electric Vehicle Supply Equipment. All equipment needed to charge an EV including the EV charging station, switches, fuses, meters and other associated equipment. EVSP: Electric Vehicle Service Provider. The third party selected by SDG&E to providing charging and billing services to EV Drivers. Facility: The premises where the EV infrastructure will be located. Grantor: The fee simple owner of the real property where the Facility is to be located pursuant to the Easement. Implementers: SDG&E, its contractors, vendors, representatives, or other persons or entities responsible for implementing the Program on behalf of SDG&E. Intellectual Property Rights: All trade secrets, patents and patent applications, trademarks (whether registered or unregistered and including any goodwill acquired in such trade marks), services marks, trade names, internet domain names, copyrights (including rights in computer software), moral rights, database rights, design rights, rights in know-how, rights in inventions (whether patentable or not) including, but not limited to, any and all renewals or extensions thereof, and all other proprietary rights (whether registered or unregistered, and any application for the foregoing), and all other equivalent or similar rights which may subsist anywhere in the world, including, but not limited to, any and all renewals or extensions thereof. In Service Date: The date that Project is energized and project commissioning complete. Job or Project: The installation of the approved EVSE at the Facility identified above. Power Your Fleet for Parks Public EV Charging Program (or Program): All facets of the Power Your Fleet for Parks Public EV Charging Program. Program Participant: The SDG&E Customer that enters into this Agreement. Rate: The billing rate for use of charging at a Facility. Removal Cost: EVSE removal costs which are the sum of (a) SDG&E's full cost and expense to remove the EVSE, (b) an amount equal to the portion of the undepreciated cost of the EVSE remaining at the time of removal, (c) the portion of the undepreciated amount of the installation costs remaining at the time of removal. SDG&E: San Diego Gas & Electric Company. 3.0 RIGHT TO ACCESS 3.1 Design and Installation: Program Participant shall provide SDG&E and its Implementers access to the project location for purposes of design and installation of the EVSE. SDG&E and its Implementers shall make reasonable accommodations to minimize all impacts to Program Participant operations 2 183 of 199 ff SDG&E Power Your Drive for Parks Public EV Charging Program SDGE Participation Agreement 3.2 Operation of Facility: Program Participant shall provide SDG&E and its Implementers reasonable access to the Facility at all times. A "Srtit pra I rurrgy ;min? 4.0 EASEMENT REQUIREMENTS Program Participant executes and shall deliver the Easement within 60 days of presentation by SDG&E. If Easement is not approved by SDG&E, Program Participant forfeits Program eligibility. 5.0 INSTALLATION OF EQUIPMENT SDG&E and its Implementers will design and construct the infrastructure in compliance with the terms of this Agreement, as well as all applicable local, state and federal laws and regulatory requirements. For reference, a preliminary layout of proposed infrastructure is illustrated in Exhibit B: Preliminary Site Plan. Design layout is coordinated at the site walk, where both SDG&E and Program Participant provide input. Final design will be emailed to Program Participant for approval. Program Participant shall have six (6) EV Charging Stations, four (4) Level 2 and two (2) DC Fast Chargers. 6.0 AMERICANS WITH DISABILITES ACT (ADA) REQUIREMENTS Program Participant acknowledges that electric vehicle charging infrastructure is required to comply with ADA, if applicable, and California Building Standards, which may impact parking layouts and design. 7.0 ELECTRIC VEHICLE SERVICE PROVIDER (EVSP) 7.1 EVSP: SDG&E shall select an EVSP to provide charging and payment services to EV Drivers. 7.2 Additional EVSP Services: Separate and apart from this Agreement, the EVSP may offer and provide any additional or complementary services, as long as these services do not directly interfere with the objectives of the Program. Specifically, such services may not include activities, agreements, arrangements, policies or procedures that inhibit the ability of the EV Drivers to respond to the pricing signal of the EV Rate. The costs of any additional EVSP services willbe borne by Program Participant. 8.0 RELOCATIONS 8.1 Removal: Except as otherwise provided herein or in the Easement, at any time during the Term of this Agreement, should Program Participant require removal of the EVSE or parts thereof, other than those specifically contemplated herein, Program Participant shall bear full Removal Cost of all infrastructure installed pursuant to this Agreement, including utility owned infrastructure. Program Participant requesting removals shall be responsible for costs as identified in the Removal Cost Schedule: Removal Cost Schedule Year Program Participant Percentage Responsibility 1 88% 2 75% 3 63% 3 184 of 199 SDG&E Power Your Drive for Parks Public EV Charging Program Participation Agreement 5 38% 6 25% 7 13% 8 0% SE wnipra [nergr ii11111y 8.2 Relocations: Except as otherwise provided herein or in the Easement, at any time during the course of this Agreement or the duration of the Easement, whichever is longer, should Program Participant require relocation of the infrastructure installed pursuant to this Agreement including Utility owned infrastructure or parts thereof, such relocation shall be by mutual agreement of the Parties. Should SDG&E approve relocation of such infrastructure, such relocation shall be at sole expense of Program Participant regardless of whether Utility owned or Program Participant owned, and in accordance with any Program requirements, laws, regulations, or other applicable jurisdictional requirements in effect at the time of relocation. Additionally, at SDG&E's discretion, upon a relocation, Program Participant shall either amend the Easement to include the legal description of the new location or enter into a new Easement with SDG&E. 9.0 RATE EV Drivers will be charged the EV-TOU Rate, and the EVSP will manage the EV Driver's payment. 10.0 DATA COLLECTION & USE Program Participant shall support the data collection requirements of the Program. Data collection requirements will conform with the requirements of the CPUC. Program Participant consents to the use and disclosure, by SDG&E, its agents and representatives of data gathered as part of the Program for use in regulatory reporting, industry forums, case studies or other similar activities. 11.0 CONTACT INFORMATION Facility contact persons for Program Participant shall be as follows: 11.1 Designated Program Participant Contact Person for Operations Primary - Name: Job Title: Agency: Address: Email: Phone: Back-up - Name: Job Title: Agency: Address: Email: Phone: 11.2 Designated SDG&E Contact Person for Operations Primary - Name: Joe Bielawski Job Title: Project Manager, Operations Agency: SDG&E Address: 8306 Century Park Court, CP 42F, San Diego, CA 92123 4 185 of 199 SDGi SDG&E Power Your Drive for Parks Public EV Charging Program Participation Agreement A ci Semj„h, I „e,g,. ,,,,,,;v Email: Jbielawl(a,sdge.com Phone: (858) 276-9980 Back-up - Name: Job Title: Agency: Address: Email: Phone: Anthony Aguirre Project Manger, Power Your Drive for Parks SDG&E 8306 Century Park Court, CP 42F, San Diego, CA 92123 aaguirre@sdge.com (619) 416-2311 12.0 COMPENSATION Except as otherwise provided in this Agreement, under no conditions shall Program Participant receive compensation of any kind, either by cash, in -kind services, or otherwise, for any duties or requirements provided for in this Agreement or for participation in any way as part of the Program, including but not limited to: • Easement; • Use of data for lawful purposes; • Loss of activity during construction or maintenance activities, or • Any other inconvenience or loss, without limitation, related to participation. 13.0 CONFIDENTIALITY During the term of this Agreement, Program Participant may be provided with information of a confidential nature ("Confidential Information") by SDG&E or its Implementers. Throughout and after the duration of this Agreement, Program Participant shall hold all Confidential Information in strict confidence. Without SDG&E's prior written approval, Program Participant shall not use, disclose, reproduce, distribute, or otherwise misappropriate any Confidential Information, nor shall Program Participant take any action that may cause, or fail to take any action necessary to prevent causing, any Confidential Information to lose its character as Confidential Information. 13.1 Duty of Confidentiality. Throughout and after the duration of this Agreement, Program Participant shall hold all Confidential Information in strict confidence. Without SDG&E's prior written approval, Program Participant shall not use, disclose, reproduce, distribute, or otherwise misappropriate any Confidential Information, nor shall Program Participant take any action that may cause, or fail to take any action necessary to prevent causing, any Confidential Information to lose its character as Confidential information. 13.2 Return of Materials. Upon the termination or conclusion of this Agreement for any reason, or upon earlier request by SDG&E, its Implementers or other designated representatives, Program Participant shall promptly erase and destroy or otherwise return all Confidential Information and other documents or data that contain Confidential Information. 13.3 Customer Information. Program Participant acknowledges and agrees that all information Program Participant collects or obtains from SDG&E, its Implementers or other designated representatives with regard to EV Drivers, including but not limited to names, addresses, telephone numbers, account numbers, utility bill data, energy usage, demographics, financial data, or any other personal information ("Customer Information"), shall be deemed Confidential Information. 5 186 of 199 SDG&E Power Your Drive for Parks Public EV Charging Program Participation Agreement A ti('I tipIit the gY utility 13.4. Data Security. Program Participant will establish and diligently maintain safeguards and security practices to protect against the destruction, loss, or disclosure of any Confidential Information in its custody or possession. If Program Participant discovers a breach of security, it shall immediately notify SDG&E (use Contact Information included in Section 11.2) and use its best efforts to mitigate the breach and prevent any disclosure or loss of Confidential Information. Notwithstanding the foregoing, SDG&E understands that Program Participant is a public entity and subject to federal, state and local regulation governing public records, including the California Public Records Act. SDG&E understands and agrees that Program Participant shall comply with all such regulations, including the disclosure of Confidential Information, if legally required. 14.0 INTELLECTUAL PROPERTY Nothing in this Agreement or the Parties' performance of it is intended to or shall be deemed to convey any Intellectual Property Rights to Program Participant. All Intellectual Property Rights relating to the Program are expressly reserved to SDG&E, its Implementers or other designated representatives and their respective licensors. 15.0 WAIVER No provision of this Agreement may be waived unless agreed to by SDG&E and Program Participant in writing. SDG&E's or Program Participant' failure to insist upon strict performance of any provision of the Agreement, or to exercise any right based upon a breach thereof, or the acceptance of any performance during such a breach, shall not constitute a waiver of any right under this Agreement. 16.0 DISPUTE RESOLUTION 16.1 Meet and Confer: In the event of a dispute relating to this Agreement, Program Participant and SDG&E, its Implementers or other designated representatives shall make a good faith effort to resolve the dispute by negotiation between representatives with decision -making power, who, to the extent possible, shall not have had substantive involvement in the matters of the dispute. 16.2 Arbitration: In the event the Parties fail to resolve by negotiation any dispute arising out of or relating to this Agreement, such dispute shall be resolved by binding arbitration administered by JAMS (formerly known as Judicial Arbitration and Mediation Services) under its then current rules. The arbitration shall be conducted in San Diego County, California. The Parties hereby irrevocably waive any right to have such disputes tried before a jury. If either Party refuses or fails to participate in arbitration after receiving notice, then the arbitrator shall make an award based on the evidence presented to him or her. The arbitrator shall award the prevailing Party its fees and costs. Any arbitration award shall be final and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction. In no event may arbitration be demanded on any claim after the applicable statute of limitation for commencing litigation has expired. 17.0 GOVERNING LAW This Agreement shall be governed by the laws of the State of California, excluding its conflict of laws rules. The exclusive venue for any litigation arising from or relating to this Agreement shall be in San Diego County, California. 18.0 PROGRAM PARTICIPANT REPRESENTATIONS Program Participant represents it is an independent entity from SDG&E, its affiliates, contractors, vendors, representatives, designees and nothing herein shall be construed as creating any agency, partnership, or other form of -joint enterprise between Program Participant and SllG&1:, its 6 187 of 199 SDG&E Power Your Drive for Parks Public EV Charging Program imo Participation Agreement ac.15)Sempra rnergv lit,l„Y affiliates, contractors, vendors, representatives or designees nor create any obligations or responsibilities on their behalf except as otherwise provide herein, nor make any representations of any kind to this effect. Program Participant represents that it is the fee title owner and has the ability to grant the Easement. 19.0 THIRD PARTY BENEFICIARIES This Agreement and any related documents are solely between the Parties and no third parties are intended beneficiaries. 20.0 SEVERABILITY If any provision under this Agreement or its application to any person or circumstance is held invalid by any court of lawful jurisdiction, such invalidity shall not affect other provisions of the Agreement which can be given effect without the invalid provision. 21.0 MARKETING & BRANDING (SDG&E BRAND or EVSP BRAND) 22.1 Disclaimer: All marketing, advertising or promotional materials which reference SDG&E, its Implementers or other designated representatives or the Program itself, shall include a disclaimer which shall state that Program Participant is not an agent or affiliate of any and all of SDG&E, its Implementers or other designated representatives. 22.2 Logos/ Trademarks: Program Participant shall not use the logos, trademarks or service marks of SDG&E, its Implementers or other designated representatives in any of Program Participant's marketing, advertising, or promotional materials without express written approval from SDG&E, its Implementers or other designated representatives as appropriate. 22.3 Signage: Neither SDG&E nor its Implementers or other designated representatives or the Program itself shall be allowed to erect signage or other marketing materials on Program Participant property without prior express approval. 22.4 Marketing Materials: SDG&E must pre -approve all Program marketing materials. 22.5 Endorsements: Program Participant shall not state or imply endorsement on the part of SDG&E, its contractors or other designated representatives or the Program. 22.6 Right to Review Materials: SDG&E, its contractors or other designated representatives reserves the right to review and approve any and all advertising, marketing, or promotional copy or materials developed or used by the Program Participant which references the Program Participant's participation in this Agreement or the Program, financing and other SDG&E programs or those of the contractors or other designated representatives. At its sole discretion, SDG&E, its contractors or other designated representatives may require the Program Participant to submit such copy and materials for pre -approval. Approval shall be granted, unless SDG&E, its contractors or other designated representatives, in its sole discretion, determines that the copy or materials are misleading, in error, or fail to meet the requirements of this Agreement. The Program Participant agrees to remove from circulation or otherwise discontinue the use of any such materials. 22.0 CHANGES SDG&E, its Implementers or other designated representatives may initiate changes to the Program as circumstances dictate. SDG&E, its Implementers or other designated representatives will make every effort to provide at least 30 calendar days written notice of changes that affect Program activities. In the event S-DG&TEiTs Implementers or other designated representatives materially 7 188 of 199 SDG&E Power Your Drive for Parks Public EV Charging Program `S ■AGE Participation Agreement d tier„i,r, r„erv.., change the Program to the detriment of Program Participant, Program Participant may terminate this Agreement or rescind the Easement upon 30 days written notice to SDG&E, subject to the terms of this Agreement. Design Changes, Program Participant acknowledges and agrees that any Infrastructure installed by SDG&E may vary from the Conceptual Design, if, in SDG&E's sole discretion, actual Site conditions or municipal requirements dictate such changes. Program Participant may be responsible for incremental costs associated with changes to design requested by Program Participant for convenience after acceptance of design. 23.0 TERMINATION AND TRANSFER 23.1 Term: This Agreement shall be in effect from the Effective Date ("Effective Date") through a period of eight (8) years from the In -Service Date ("In -Service Date"), unless the parties agree in writing to cancel or extend the Term ("Term"). 23.2 SDG&E Right to Terminate: SDG&E may terminate, or for any duration suspend, this Agreement and Program Participant's participation in the Program, or operation of the infrastructure, with or without cause, at any time, and for any reason, such reasons may include but are not limited to: • Failure to provide or maintain terms of the Easement • Breach of Agreement in whole or in part • Permitting issues • Exceptional installation costs • Environmental concerns • Program no longer authorized by the CPUC • Any other reason(s) not in Program or ratepayers' best interest 23.3 Termination: Program Participant may terminate this Agreement upon thirty (30) days notice should SDG&E materially breach any material term of this Agreement or fail to perform any material its obligations hereunder, after notice and a reasonable opportunity to cure. Should a sale of property or other circumstance result in Program Participant losing ability to perform its obligations per this Agreement, Program Participant shall immediately notify SDG&E in writing and without delay within ten (10) days of Program Participant knowledge of such a possibility and notwithstanding anything to the contrary contained herein, this Agreement shall terminate. Notwithstanding anything contained in this Agreement, if Program Participant terminates the Agreement for any reason other than an SDG&E material breach prior to the eight (8) year period, Program Participant will be responsible for the Removal Cost as calculated pursuant to the Removal Cost Schedule in Section 8.1. If after signing this Agreement, Program Participant withdraws from the Program prior to the site being activated, then SDG&E reserves the right to recover all fees and costs incurred by it and its Implementers after the Effective Date including, but not limited to, design cost, site walk costs, etc. 23.4 Transfer of Agreement: Under no circumstance may this Agreement or parts thereof be assigned, transferred or otherwise conveyed without prior reasonable written approval of the other Party. 24.0 OPTION TO PURCHASE EVSE At the end of the eight (8) year tern of this Agreement, Program Participants may have the option 8 189 of 199 .SDGE SDG&E Power Your Drive for Parks Public EV Charging Program Participation Agreement AYJ `w!IIjlld I'll('Tg\ ulydy to purchase EVSE located at: Las Palmas Park. 1810 E 22nd St, National City. CA 91950, SDG&E may sell EVSE to Program Participant at fair market value, subject to regulatory approval. Program Participant must notify SDG&E in writing of its interest to purchase EVSE within thirty (30) days of completing the eight (8) year period term of this Agreement. 25.0 NOTICES Any notice provided under this Agreement shall be sent via certified U.S. Mail, signature required. Notice is deemed effective on the third day after it is deposited in the U.S. Mail. Notice pursuant to this Agreement shall be sent to: 25.1 Program Participant: Primary - Name: Job Title: Agency: Address: Email: Phone: Back-up - Name: Job Title: Agency: Address: Email: Phone: 25.2 SDG&E: Primary - Name: Job Title: Agency: Address: Email: Phone: Back-up - Name: Job Title: Agency: Address: Email: Phone: Anthony Aguirre Project Manager, Power Your Drive for Parks SDG&E 8306 Century Park Court, CP 42F, San Diego, CA 92123 aaguirre@sdge.com (619) 416-2311 Chris Farretta Clean Trasnportation Programs Manager SDG&E 8306 Century Park Court, CP 42F, San Diego, CA 92123 cfarreta@sdge.com (858) 547-3091 26.0 AUTHORITY The undersigned represents and warrants that it has the requisite power, legal authority and capacity to enter into this Agreement and to perform each and every obligation required of Program Participant under this Agreement. 9 190 of 199 SDG&E Power Your Drive for Parks Public EV Charging Program Participation Agreement A - Selllpra Inergy 111111y 27.0 MISCELLANEOUS This Agreement, including the Exhibits attached hereto and all items incorporated herein by reference and any written modification shall represent the entire and integrated agreement between the Parties hereto regarding the subject matter of this Agreement and shall constitute the exclusive statement of the terms of the Parties' agreement, and shall supersede any and all prior negotiations, representations or agreements, written or oral, express or implied, that relate in any way to the subject matter of this Agreement or written modification. If any provision of this Agreement is in any way deemed unenforceable, then the remainder of this Agreement and the application of such term or provision to persons or circumstances other than those to which it is held unenforceable, shall not be affected, and each term and provision shall be enforceable to the fullest extent permitted by law. At any time either Party is aware of, any ambiguity in, or conflict between or within this document, said Party shall immediately bring such ambiguity to the attention of the other Party or its designated representative for clarification and resolution. 28.0 ACKNOWLEDGEMENT Program Participant represents and warrants that it has the requisite power, legal authority and capacity to enter into this Agreement and to perform each and every obligation required of Program Participant under this Agreement. In addition, the undersigned warrants and represents that the person signing this Agreement on the Party's behalf has and shall have all requisite power and legal authority to bind the Party on whose behalf he/she is signing to the Party's obligations under this Agreement. Program Participant acknowledges that it has provided all required information and documentation truthfully and accurately. This Agreement shall become effective as of the Effective Date. PROG RAM PARTICIPANT SAN DIEGO GAS & ELECTRIC By: By: Signature Signature Date: Date: Printed Name and Title Printed Name and Title Name of Agency 10 191 of 199 MG;SDG&E Power Your Drive for Parks Public EV Charging Program aim& Participation Agreement Date: Site ID#: Site Name: EXIBIT A: Owner Authorized Agent Form A ( Sell lI)1.1 I Ilrf C;\ utility Owner Authorized Agent Form I, , hereby authorize San Diego Gas & Electric to act as my agent in all documents / forms as it relates to obtaining Agency permits for the installation of AB 1082/AB 1083 EV charging infrastructure at the property listed below. SITE HOST TO COMPLETE Property Address: Las Palmas Park, 1810 E 22nd St, National City, CA 91950 Agent Name, Address & Telephone Number: Anthony Aguirre, Project Manager SDG&E 8306 Century Park Court, CP 42F, San Diego, CA 92123 aaguirre a sdge.com, (619) 416-2311 Property Owner Name, Address, & Telephone Number: Signature: Date: 11 192 of 199 SDGEfi, SDG&E Power Your Drive for Parks Public EV Charging Program away Participation Agreement EXHIBIT B: Preliminary Site Plan A A riipra rnergy utimy• / - / ‘`-'1=1 12 193 of 199 Recording Requested by San Diego Gas & Electric Company When recorded, mail to: San Diego Gas & Electric Company 8690 Balboa Avenue San Diego, CA 92123-1569 Attn: Real Estate Records — CPA01 Project No.: 3-333203 Notif. No.: 3-333260 A.P.N.: 561-360-35 SR No.: 457398 RW 372055 SPACE ABOVE FOR RECORDER'S USE Transfer Tax None SAN DIEGO GAS & ELECTRIC COMPANY EASEMENT CITY OF NATIONAL CITY (Grantor), grants to SAN DIEGO GAS & ELECTRIC COMPANY, a corporation (Grantee), an easement and right of way in, upon, over, under and across the lands hereinafter described, to erect, construct, change the size of, improve, reconstruct, relocate, repair, maintain and use facilities consisting of: 1. Underground facilities, together with aboveground structures consisting of, but not limited to, pad -mounted electrical equipment, and electric vehicle charging stations ("EV Stations"), and appurtenances for the transmission and distribution of electricity to the Facilities. 2. Communication facilities and appurtenances, which can include Supervisory Control and Data Acquisition ("SCADA"). The above facilities will be installed at such locations and elevations upon, along, over and under the hereinafter described easement as Grantee may now or hereafter deem convenient or necessary. Grantee also has the right of ingress and egress, to, from and along this easement in, upon, over and across the hereinafter described lands. Grantee further has the right, but not the duty to clear and keep this easement clear from explosives, buildings, structures and materials. The property in which this easement and right of way is hereby granted is situated in the County of San Diego, State of California described as follows: That portion of Quarter Sections 127, 128, and 134 of Rancho De La Nacion, according jo Map thereof 166, filed in the Office of the County recorder of said County of San Diego, said portion is more particularly described in Resolution No. 6280, filed at the City of National City, City Clerk, passed and adopted on November 3, 1954. T:landServices: NonRecords: NewBusiness: Rev. -l- 810236S 194 of 199 The easement in the aforesaid property shall be those strips of land, including all of the area lying between the exterior sidelines, which sidelines shall be three (3) feet, measured at right angles, on each exterior side of each and every utility facility installed within said property on or before December 31, 2021. In order to provide adequate working space for Grantee, Grantor shall not erect, place or construct, nor permit to be erected, placed or constructed any building or other structure, deposit any materials, plant any trees and/or shrubs or change ground elevation within eight (8) feet of the front of the door or hinged opening of any above ground Facility (other than the EV Station) and within three (3) feet of the EV Station installed within this easement. Grantor shall provide at all times, a delineated space surrounding each EV Station, so that EV Station may be accessed and used by an electric vehicle for charging. SDG&E shall stencil, in paint, the ground of such stall with the letters "EV Charging Only". SDG&E shall mark a minimum of two and up to half of these spaces with a sign that states: "No parking except for electric vehicle charging". All signage proposed for this project shall conform to City Wide Sign Regulations and be administered by the Sign Code Administration Division of the Planning Department, where applicable. Upon Grantor and Grantee's mutual agreement, at both parties' sole discretion, Grantee will (i) remove Grantee's facilities from the Easement within a reasonable period of time, and (ii) upon Grantor's request, furnish Grantor a good and sufficient quitclaim of the Easement; provided, that Grantee shall have such time as is necessary to obtain any and all agency or jurisdictional requirements and approvals necessary for such removal and quitclaim, including but not limited to any approval from the California Public Utilities Commission as may be required. Grantor grants to Grantee the right to erect and maintain on Grantor's property immediately adjacent to this easement retaining walls and/or protective barricades as may be necessary for Grantee's purposes. Grantor shall not erect, place or construct, nor permit to be erected, placed or constructed, any building or other structure, plant any tree, drill or dig any well, within this easement. Grantor shall not increase or decrease the ground surface elevations within this easement after installation of Grantee's facilities, without prior written consent of Grantee, which consent shall not unreasonably be withheld. Grantee shall have the right but not the duty, to trim or remove trees and brush along or adjacent to this easement and remove roots from within this easement whenever Grantee deems it necessary. Said right shall not relieve Grantor of the duty as owner to trim or remove trees and brush to prevent danger or hazard to property or persons. CONDUITS CARRY HIGH VOLTAGE ELECTRICAL CONDUCTORS, therefore Grantor shall not make or allow any excavation or fill to be made within this easement WITHOUT FIRST NOTIFYING SAN DIEGO GAS & ELECTRIC COMPANY BY CALLING (619) 696-2000, and OBTAINING PERMIS SION. The legal description for this easement was prepared by San Diego Gas & Electric Company pursuant to Section 8730 of the Business and Professions Code, State of California. T.•landServices: NonRecords.'New Business: Rev. - 2- 8l0 195 of 199 This easement shall be binding upon and inure to the benefit of successors, heirs, executors, administrators, permittees, licensees, agents or assigns of Grantor and Grantee. IN WITNESS WHEREOF, Grantor executed this instrument this day of , 20 CITY OF NATIONAL CITY By: Name: Title: PRINT NAME Drawn: BCorbilla Checked: ME Date: 11/13/2020 Site No: 83200012 Site Name: National City - Las Palmas Park T IcIndServices: NonRecords: NewBusiness: Rev, -3- 8102= rs 196 of 199 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 (name, title of officer) 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. I 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. (Signature of Notary Public) (Notary Seal) T:landServices: NonRecords: NewBusiness: -4- 8/0236S Rev. 197 of 199 The following page(s) contain the backup material for Agenda Item: City Manager Report. (City Manager) Please scroll down to view the backup material. 198 of 199 Item # 02/02/21 City Manager Report (City Manager) 199 of 199