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Draft Agenda Packet - 03-02-2021 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, MARCH 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 162 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 162 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 162 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) INTERVIEWS / APPOINTMENTS 1. Appointments: City Boards, Commissions and Committees - Mayoral Appointments. (City Clerk) 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 approving the donation of self-contained breathing apparatus (SCBAs) and accessories to assist the City of Tecate. (Fire) 4. Resolution of the City Council of the City of National City authorizing, 10 the City (Buyer) to utilize cooperative purchasing established through Sourcewell previously known as National Joint Powers Alliance (NJPA), consistent with Municipal Code Section 2.60.260 for cooperative purchasing, to purchase Tyler Technologies New World Computer Aided Dispatch (CAD) based on their member number 17730; and 2) the Mayor to execute the Agreement with Tyler Technologies to replace outdated current police department CAD, for a seven (7) year lease purchase agreement in the amount of $1,060,000. (Police) 4 of 162 5. Warrant Register #30 for the period of 1/20/21 through 1/26/21 in the amount of $2,266,130.76. (Finance) 6. Warrant Register #31 for the period of 1/27/21 through 2/02/21 in the amount of $1,718,495.28. (Finance) PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS 7. Public Hearing and Adoption of an Ordinance of the City Council of the City of National City to require electronic submittal of Campaign Disclosure Statements and Form 700 filings. (City Clerk) NON CONSENT RESOLUTIONS 8. Resolution of the City Council of the City of National City: 1) authorizing the filing of a Proposition 68 Statewide Park Development and Community Revitalization Program (SPP) application for the El Toyon Park Project in the amount of $4,768,724; 2) authorizing the City Manager or designee to execute the grant agreement if selected for funding; and 3) if selected for funding, approving the establishment of an Engineering Grants Fund Appropriation of $4,768,724 and corresponding revenue budget to allow for reimbursement of eligible project expenditures through the SPP for the El Toyon Park Project. (Engineering/Public Works) 9. Resolution of the City Council of the City of National City: 1) authorizing the filing of a Proposition 68 Statewide Park Development and Community Revitalization Program (SPP) application for the Kimball Park Project in the amount of $3,279,375; 2) authorizing the City Manager or designee to execute the grant agreement if selected for funding; and 3) if selected for funding, approving the establishment of an Engineering Grants Fund Appropriation of $3,279,375 and corresponding revenue budget to allow for reimbursement of eligible project expenditures through the SPP for the Kimball Park Project. (Engineering/Public Works) NEW BUSINESS 10. Time Extension Request — Tentative Subdivision Map for a 29-unit multi -unit residential project located at East 16th Street and "M" Avenue. (Applicant: Renova Properties, LLC) (Case File 2021-01 TE) (Planning) B. COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY CONSENT RESOLUTIONS - HOUSING AUTHORITY PUBLIC HEARINGS: RESOLUTIONS - HOUSING AUTHORITY NON CONSENT RESOLUTIONS - HOUSING AUTHORITY 5 of 162 NEW BUSINESS - HOUSING AUTHORITY C. REPORTS STAFF REPORTS 11. City Manager Report. (City Manager) MAYOR AND CITY COUNCIL CLOSED SESSION CLOSED SESSION REPORT ADJOURNMENT Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City - Tuesday - March 16, 2021 - 6:00 p.m. - Council Chambers - National City, California. 6 of 162 The following page(s) contain the backup material for Agenda Item: Appointments: City Boards, Commissions and Committees - Mayoral Appointments. (City Clerk) Please scroll down to view the backup material. 7 of 162 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 2, 2021 AGENDA ITEM NO. ITEM TITLE: Appointments: City Boards, Commissions and Committees - Mayoral Appointments (City Clerk) PREPARED BY: Luz Molina, City Clerk Shelley Chapel, Deputy City Clerk PHONE: (619) 336-422$, APPROVED BY: DEPARTMENT: City Clerk's Office EXPLANATION: Vacancies on multiple Boards/Commissions/Committees have been noticed in the Star News, posted on the City Hall Bulletin Boards, City Website, and City Social Media sites to advertise opening and the application acceptance period. The vacancy notice for the Library Board of Trustees was posted Monday, January 2, 2021, and all applications were due to the City Clerk's Office by the deadline of Wednesday, February 3, 2021 at 5:00 p.m. The vacancy notice for the Traffic Safety Committee was posted Tuesday, January 19, 2021, and all applications were due to the City Clerk's Office by the deadline of Wednesday, February 17, 2021 at 5:00 p.m. (See Explanation (Attachment A) for more information) FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: n/a ENVIRONMENTAL REVIEW: n/a ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Mayoral appointment with City Councilmembers confirmation. BOARD / COMMISSION RECOMMENDATION: n/a ATTACHMENTS: Attachment A — Explanation Attachment B — Applications (redacted) Attachment C — City Council Policy #107 Attachment D — Boards/Commission/Committees Reference Chart Attachment E — Boards/Commission/Committees Status Report 8 of 1621 ATTACHMENT A The City Clerk's Office began advertising and accepting applications for multiple vacancies on Mayoral appointed Boards/Commissions/Committees (BCC). In order to obtain qualified candidates, a Notice of Vacancy was advertised on the following: The City website, posted on the City Hall Bulletin Boards, and City Social Media sites to advertise openings and the application acceptance period. Deadline to submit applications to the City Clerk's Office for the vacancies listed below to be considered by the Mayor were: • Library Board of Trustees - Wednesday, February 3, 2021 at 5:00 p.m. • Traffic Safety Committee - Wednesday, February 17, 2021 at 5:00 p.m. BCC Number of Open Seats and Term expiration for that seat Appointing Member(s) Residency Electoral of Compensation Requirement City Requirement Library Board of (1) One Seat 09/30/2021 Trustees Mayor subject to Confirmation by the City Council Yes No None Traffic Safety Committee (1) One Seat 09/30/2021 Mayor subject to Confirmation by the City Council Yes No None The City Clerk's Office received applications from four (4) individuals for the two (2) vacancies: • Library Board of Trustees — (2) Paula Gapp and Coyote Moon • Traffic Safety Committee — (2) Coyote Moon, and Marisa Rosales **Please note that one of the applicants, selected multiple choices for consideration of appointment on this evening's agenda item. Library Board of Trustees - Both applicants for this position submitted applications after the Wednesday, February 3rd 5:00 p.m. deadline and are included for consideration. Applicant Coyote Moon is currently serving on this Board as an Alternate. Traffic Safety Committee — All applications were received on time. Applicant Coyote Moon is a former member of the Traffic Safety Committee who resigned her seat January 19, 2021, the seat that is currently vacant and the seat being considered. 9 of 162 ATTACHMENT B LIBRARY BOARD OF TRUSTEES 1. Paula Gapp 2. Coyote Moon 10 of 162 CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES ATTACHMENT B Community & Police Relations Commission* (CPRC) _ Library Board of Trustees _ Parks, Recreation & Senior Citizens Advisory Board _ Veterans & Military Families Advisory Committee* Port Commission '71) (C-UOy1PN Jo r rD Civil Service Committee &loa+.l430aDino Planning Commission, Public Art Committee*11 di -I Traffic Safety Committ rdpau Advisory Housing Committee* Applicants must be residents of the City of National City except for those marked by an asterisk (*). All applicants must be U.S. Citizens. Applicants for the Community and Police Relations Commission must pass a criminal background check prior to appointment. Applicants for the Advisory Housing Committee must have subject matter expertise in housing -related Issues. Name. Ii4.4.. 1a (1((P,P E-Mail: paWa . . r( ,7fyirt r f .Cznq Tel No: Horne Address: (Include City/Zip) Business Affiliation: %Lt 2'Y1JC_ Title: HI( CDMplIarlc'_-.� 1 Business Address:.)() I ) ' k..+1, (J`71.1 C, I)) Tel. No.: (i05 tfe Length of Residence in National City: g NI Os San Diego County: em .--'S California:? M DS Educational Background: N� S _ c Y ) 1. sf fl t1 ~l've_ .SfU LL11 i ve r I -fti Occupational Experience: Hy n'i (L.n L mk. rat-DeCc') Unt-a_ 1)61- �, Y i "r aat! yt L eDa.ktrul tCS ?i..F, -eal'S Professional or Technical Organization Memberships: r+r`.t, i'r CL yY1 iYl bL-r -'i f ' _ I', L-UfrY 1C1 0)- LA) CY 1I� (} rtv b1 �_ .� b -I_1± ('.Leli u t+L Lj Civic or Community Experience, Membership, or Previous Public Service Appointments: 0 ►c'. Experience or Special Knowledge Pertaining to Area of Interest: 110 Sp- t C L LL Lill YC{Cl(,, I 11/_\,f a vt )41 14) ve - (I_n 1. NAo_P eA- )4T1 p LLr1L.i L I 1 12t 1f1't./ Have you ever been convicted of a felony crime? No:XYes:_ misdemeanor crime? No: Yes: _ S L Q•s{f'.M If any convictions were expunged disclosure is not required. Convictions are not necessarily disqualifying. Please feel free to provide an explanation or information if "Yes" was marked for the above two questions. S eCGY1OYJ1It'S - 1rOt ;t1i tz. Str LLrLi✓ersI 4-Li Date: '/ /) CI? I Signature: Please feel free to provide additional information or letters of endorsement. Return completed form to: Office of the City Clerk, 1243 National City Blvd., National City, CA 91950 Thank you for your interest in serving the City of National City. Pursuant to the California Public Records Act, information on this form may be released to the public upon request. Rev. February 2020 11 of 162 CITY OF NATIONAL CI f Y APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES ATTACHMENT B _ Community & Police Relations Commission' (CPRC) �C Library Board of Trustees Parks. Recreation & Senior Citizens Advisory Board _ Veterans & Military Families Advisory Committee" Port Commission Civil Service Committee _ Planning Commission _ Public Art Committee" X Traffic Safety Committee Advisory Housing Committee` Applicants must be residents of the City of National City except for those marked by an asterisk i'). All applicants must be U.S. Citizens. r Applicants for the Community and Police Relations Commission must pass a criminal background check prior to appointment. Applicants for the Advisory Housing Committee must have subject matter expertise in housing -related issues. Name. (.0/1)+e 1\1 Ud Horne Address. (Include City/Zip) E-Mail. e C7/ Tel No: Business Affiliation: Business Address Title 1,1 /6'/(C�),n.ru.1 '6,4 Tel. No.. Length of Residence in National City. San Diego County: California: Educational Background Occupational Experience: Professional or Technical Organization Memberships Civic or Community Experience, Membership, or Previous Public Service Appointments Experience or Special Knowledge Pertaining to Area of Interest: /� a, i /)f �c C c/i fin /-(th/y tcae / /iQr,i /0/.91- to //i ct- � r� �Xi Me. Have iou ever been convicted of a felony crime? No._ Y'es._ misdemeanor ce? No. Yes If any convictions were expunged disclosure is not required. Convictions are not necessarily disqualifying. Please feel free to provide an explanation or information if "Yes' was marked for the above two questions Date. / e` /21 Signature. Please feel free to provide additional information or letters of endorsement. Return completed form to: Office of the City Clerk, 1243 National City Blvd.. National City. CA 91950 Thank you for your interest in serving the City of National City. Pursuant to the California Public Records Act, information on this form Rev February 2020 matt be released to the public noon request. _;t; ASdcdXlot rrafik Safety per Coyote Moon request via email. SC 12 of 162 ATTACHMENT B TRAFFIC SAFETY COMMITTEE 1. Coyote Moon 2. Marisa Rosales 13 of 162 CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES ATTACHMENT B Community & Police Relations Commission* (CPRC) Library Board of Trustees _ Parks. Recreation & Senior Citizens Advisory Board Veterans & Military Families Advisory Committee' Port Commission Civil Service Committee i/l7 Added X fur rrnliic Way per Planning Commission cuy111e Moon Public Art Committee' reyucxt via marl NC X Traffic Safety Committee _ Advisory Housing Committee* Applicants muss be residents of the City of National City except for those marked by an asterisk ('). All applicants must be U.S. Citizens. Applicants for the Community and Police Relations Commission must pass a criminal background check prior to appointment. Applicants for the Advisory Housing Committee must have subject matter expertise in housing -related issues. Name: Co}/;) fT /\ °c n Home Address: (include City/Zip) Business Affiliation: Business Address: E-Mail: C Tel No: Title: Tel. No: Length of Residence in National City: San Diego County' California: Educational Background Occupational Experience Professional or Technical Organization Memberships: Civic or Community Experience, Membership, or Previous Public Service Appointments Experience or Special Knowledge Pertaining to Area of Interest: / 71-h (://- eZ /7 1— /4r1/y ca/ l T Prrt41' / -f-O,t Have ou ever been convicted of a felony crime? No: Yes. misdemeanor ci ne? No:_ Yes: _ If any convictions were expunged disclosure is not required Convictions are not necessarily disqualifying. Please feel free to provide an explanation or information if "Yes" was marked for the above two questions Date. /IO`� 21 Signature: r Please feel free to provide additional information or letters of endorsement. Return completed form to. Office of the City Clerk, 1243 National City Blvd National City, CA 91950 Thank you for your interest in serving the City of National City Pursuant to the California Public Records Act. information on this form Rev. February 2020 mail be released to th oubflc aeon request. 14 of 162 Received via email 2/ 17/2021 ATTACHMENT B at8:29a.m.ti_ CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES Community & Police Relations Commission* (CPRC) Library Board of Trustees Parks, Recreation & Senior Citizens Advisory Board Veterans & Military Families Advisory Committee* Port Commission Civil Service Committee Planning Commission _ Public Art Committee* ')C Traffic Safety Committee Advisory Housing Committee" • Applicants must be residents of the City of National City except for those marked by an asterisk (•). All applicants must be U.S. Citizens. • Applicants for the Community and Police Relations Commission must pass a criminal background check prior to appointment ➢ Applicants for the Advisory Housing Committee must have subject matter expertise In housing -related Issues. Name: lit E-Mail: rn cs kc,or,1c ys, - o Home Address:1l �� i o r,..\ L ;1<y C� `� ri 5D Tel No: (Include City/Zip) ar e<off'eC.h V` . Business Affiliation:Gov nk y o c e a Title: < v t CAS ' '-t 3° 5 v ; v e-c s Oc .. r , C Nfe. • .� ( � Tel. No.: (- — O °C 35 Business Address: O t� n �. o Length of Residence In National City: (7 yc s - San Diego County: Lt 3 California: ` t Cin Educational Background: or-s V N C,C ca.\ S•k' Occupational Experience: k� ` t k4.� Co`, r, a-y o� Professional or Technical Organization Memberships: Mv. 102 c -6C‘ rr,�? '1\3 2- Civic or Community Experience, Membership, or Previous Public Service Appointments:Cc e rl I o o v�� i < Q� i 1 \-k -T.\ �)cr w a S a v �S� o aC rg- CEO4 Y 0,t2SO�+CC� C�S1�Ft \D( +�� W �` CP 't'vnoc Experience or Special Knowledge Pertaining to Area of Interest: As c kc. 0\4 o� fS�S �'S��ac m V a`\Ve. r�V�SC`�v.�C\o+ ACC: �ts,�S o.�a \ r: Have you ever been convicted of a felony crime? No:(Ys:_ misdemeanor crime? Noy Yes: If any convictions were expunged disclosure is not required. Convictions are not necessarily disqualifying. Please feel free to provide an explanation or information if "Yes" was marked for the ay07 vo questions. Date: 1l%'/Z01/ Signature: Please feel free to provide additional information or letters of endorsement. Return completed form to: Office of the City Clerk, 1243 National City Blvd., National City, CA 91950 Thank you for your interest in serving the City of National City. 0.....,.-.w, M A... n. r1A...-.r. O.d.Ir.. o..n....I. w..# ruin..... *Jo .» .... 41, IL..-... D..., c..I.., e-,n. 15 of 162 Attachment C CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Appointments to Boards, Commissions, POLICY #107 and Committees ADOPTED: June 17,1986 AMENDED: February 2, 2021 PURPOSE To establish a procedure to serve as a guide in making appointments to various City Boards, Commissions, and Committees. The City currently has the following Boards, Commissions, and Committees to which this Policy applies: Mayor's Appointments: 1. Board of Library Trustees 2. Community and Police Relations Commission 3. Housing Advisory Committee 4. Park, Recreation and Senior Citizens Advisory Committee 5. Public Art Committee 6. Sweetwater Authority 7. Traffic Safety Committee 8. Veterans and Military Families Advisory Committee City Council Appointments: 1. Civil Service Commission 2. Planning Commission 3. Port Commission POLICY Appointment Process A. Opportunity to apply. All interested individuals shall be given an opportunity to submit applications for vacancies on City Boards, Commissions, and Committees. Incumbent Appointees are not automatically re -appointed but are required to fill out an abbreviated application provided by the City Clerk, indicating their interest in continuing to serve. B. Unexpired terms. If an incumbent Appointee was appointed to fill an unexpired term and the Appointee serves for less than one year in that position. In that case, the Council may re -appoint the incumbent without considering other applicants. C. Vacancies. When vacancies occur, the following procedure shall be followed: 1. Schedule vacancy. When a term is expiring or expires, public notice of the vacancy shall be made, inviting interested individuals to submit applications for the vacancy on a form provided by the City Clerk on the City website. 16 of 162 TITLE: Appointments to Boards and Commissions POLICY #107 ADOPTED: June 17,1986 AMENDED: February 2, 2021 2. Unscheduled vacancy. An unscheduled vacancy shall be filled according to Government Code Section 54974, which generally provides as follows: Whenever an unscheduled vacancy occurs, whether due to resignation, death, termination, or other causes, a special vacancy notice shall be posted in the office of the City Clerk, the City website, outside City Hall on the Bulletin Board and City social media platforms. Not earlier than twenty (20) days before or not later than twenty (20) days after the vacancy occurs. The City Council shall not make final appointment for at least ten (10) working days after posting the notice in designated locations. The notice's posting and application period shall be thirty (30) calendar days. However, if it finds that an emergency exists, the City Council may, fill the unscheduled vacancy immediately. According to this section, a person appointed to fill the vacancy shall serve only on an interim basis until the final appointment. 3. Government Code Section 40605, and National City Municipal Code Title 16, grants the Mayor, with the City Council's approvals, the authority to make all appointments unless otherwise explicitly provided by statute. The exceptions are: 1. Civil Service Commission 2. Port Commission 3. Planning Commission The City Council fills vacancies on these bodies. D. Implementation. Implementation of Council policy for appointment to Boards, Commissions, and Committees requires the following: 1. Per Government Code Section 54972, on or before December 31 of each year, the City Council shall prepare a list of appointments of all regular and ongoing boards, commissions, and committees appointed by the City Council. The City Clerk will prepare the list of all regular and ongoing boards, commissions, and committees appointed by the Mayor or the City Council. The list shall contain, a list of all terms that will expire during the next calendar year, the incumbent appointee's name, the appointment date, the terms expiration date, and the position's necessary qualifications. It shall also include a list of all boards, commissions, and committees whose members serve at the City Council's pleasure, and the qualifications required for each position. This Local Appointments List shall be made available to the public on the City website. 2. Notice. Placement of a public notice in the adjudicated newspaper the City uses for legal noticing advertising appointivevacancies, the City website, City Hall Bulletin Board, and City social media platforms. 17 of 162 TITLE: Appointments to Boards and Commissions POLICY #107 ADOPTED: June 17,1986 AMENDED: February 2, 2021 3. Expiration of term. All appointees will receive a letter as their terms expire asking if they would like to re -apply for the position; 4. Applications. Available on the City website and in the City Clerk's Office. Submission must be before the advertised deadline for consideration for the current appointment. All applications will be retained in the City Clerk's Office for one-year from submitting an application to be considered for other vacancies on Boards, Commissions, and Committees as marked on the application. The City Clerk's Office will notify the applicant being considered for an appointment to confirm that they are still interested in volunteering. 5. A member may only serve on one (1) Board, Commission, or Committee at a time. If applying for another position on a different Board, Commission, or Committee that applicant will forfeit the prior seat, and a vacancy will occur per policy. 6. Interviews: a. Mayor Appointments: Interviews for Mayoral appointments will be conducted by the Mayor outside of the public meeting and scheduled by the Mayor's Office. b. City Council Appointments: Interviews for the three (3) Civil Service, Planning and Port Commissions who serve at the City Council's pleasure and are appointed by the City Council as a body will be interviewed in the public forum at a City Council Meeting as described below. 7. Mayoral Appointments: The Mayor will make the motion to appoint (naming the appointee) and Councilmembers may second the motion. The City Clerk will then take a roll call vote of the City Council. A majority vote of the City Council will be required for the appointment. If, the majority of the City Council choose to deny the proposed appointment, at which point the Mayor would propose an alternative candidate from the current application pool, or could choose to reopen the application period and return to City Councils with a different applicant for consideration. If Mayor Appointment is not approved by the majority of the City Council by confirmation, that applicant is removed from the pool for that seat. The Mayor will return to a future meeting with a substitute Mayoral appointment. 8. For City Council Appointments, the Interview Process is as follows: a. The City Clerk will provide an overview of the Board, 18 of 162 TITLE: Appointments to Boards and Commissions POLICY #107 ADOPTED: June 17,1986 AMENDED: February 2, 2021 Commission and Committee (s) with current vacancy, the Mayor will introduce the applicant and the two (2) questions will be asked of each applicant on behalf of the City Council. b. Each applicant is given two (2) minutes to make a brief introduction of themselves and their qualifications to the City Council. c. Mayor and City Councilmembers will ask questions of each applicant. All applicants must be asked the same questions. d. Total time per applicant is five (5) timed minutes with a few minutes for clarification. No more than ten (10) minutes total per applicant. e. All appointments and interviews before the City Council will be scheduled as needed to fill unexpected vacancies, with every effort to be made before an individual's term expires. Interviews may take place at one meeting, with appointments made at a subsequent meeting. 9. Vacancies for City Council Appointed Positions. If the vacancy is for a Council appointed position, and there is more than one (1) applicant for a given position, the voting process will proceed as follows: Once the interviews are complete, each Councilmember votes for their choice via a written ballot provided by the City Clerk. Each Councilmember shall print and sign their name on the ballot. All ballots shall be considered a public record and open to inspection by the public. The ballots are passed to the City Clerk who announces the number of votes for each candidate. If, the appointment process is conducted via a virtual meeting the process is the same except the ballot/vote process. The City Clerk's Office will provide a Vote Sheet (a piece of paper electronically) with each applicants name to be considered. The Mayor will count to three (3) and the Council will hold their vote sheet up in front of their face to make sure it is captured on the camera during live virtual meeting. The City Clerk will tally the votes and will then confirm the votes with a verbal roll call. The applicant with the most votes is appointed. If meeting is held "in person" no changes to current process will be made for votes. In the event of a tie, each Councilmember votes again until one (1) candidate has the majority vote, and is declared to be the newly appointed. 10. Re -appointment beyond two terms. Anyone wishing to be re -appointed to any Board, Commission, or Committee, and has served two or more full terms already, 19 of 162 TITLE: Appointments to Boards and Commissions POLICY #107 ADOPTED: June 17,1986 AMENDED: February 2, 2021 must be approved by a four -fifths vote of the Council., If all five members of the Council are not present or if one member abstains or recuses their vote, the four - fifths requirement would be changed to require only a simple majority. 11. Report to Council: All applications received for vacancies no matter Mayoral Appointment or City Council Appointment will be attached to the staff report to Council. All applications will have private personal information redacted (name, street numbers and name of street address, and phone number). This redacted information is in alignment with law, Under Government Code Section 6255(a) personal contact information is exempt, and has been withheld on some documents. Personal information being withheld is in the interest of the applicant and their right to privacy which outweighs the public interest of disclosure. 12. An automatic vacancy upon becoming a Non -Resident. An unscheduled vacancy automatically occurs when a resident holding an appointment position on a City Board, Committee or Commission becomes a non-resident by moving out of National City limits. When an unscheduled vacancy occurs due to a resident becoming a non-resident, the unscheduled vacancy may be filled as follows: a. A special vacancy notice shall be posted in the Office of the City Clerk and the National City Library, and in other places as directed by the City Council, not earlier than 20 days before or not later than 20 days after the vacancy occurs. Final Appointment at a City Council Meeting, shall not be made by the Appointing Authority for at least 10 working days after the posting of the notice in the City Clerk's Office. b. The Appointing Authority may appoint the former resident to a Non- Residential position if a Non -Residential position is vacant. However, the Appointing Authority may, if it finds that an emergency exist, fill the unscheduled vacancy immediately. A person appointed to fill the vacancy shall serve only on an acting basis until the final appointment is made pursuant to this section. 13. Only City Residents may be elected to Chair, and Vice -Chair positions. To be eligible to be elected as the Chairperson of a City Board, Committee or Commission, the member must be a resident of the City. Appointing Authority Related Policy References Government Code Section 40605 Government Code section 54970, et seq. National City Municipal Code Title 16 (pending) Prior Policy Amendments: May 19, 2020 20 of 162 ATTACHMENT D BOARDS/COMMISSION/COMMITTEES BOARDS, COMMISSION AND COMMITTEES (11) TOTAL MEMBERS (51+) BOARD OF LIBRARY TRUSTEE (5 Members) CIVIL SERVICE COMMISSION (5 Members) COMMUNITY AND POLICE RELATIONS COMMISSION (8 Members) PARK, RECREATION AND SENIOR CITIZENS' ADVISORY COMMITTEE (7 Members) PLANNING COMMISSION and HOUSING ADVISORY COMMITTEE (7 Members) 2 Ex Officio PORT COMMISSION (1 Member) PUBLIC ART COMMITTEE (5 Members) SWEETWATER AUTHORITY (1 Member) TRAFFIC SAFETY COMMITTEE (5 Members) VETERAN'S AND MILITARY FAMILIES ADVISORY COMMITTEE (7 Members) TERM 3 Years 5 Years 3 Years 3 Years 4 Years 3 Years 3 Years 1 Year 3 Years 4 Years RESIDENCY REQUIREMENT Yes Yes 5 Resident up to 2 Non- Resident (1) Non -Voting Member Yes Yes Yes No n/a Yes 5 Resident up to 2 Non- Resident VOTER REQUIREMENT No No No No No No No No No No MAYORAL APPOINTMENT SUBJECT TO CONFIRMATION BY THE CITY COUNCIL X X X Compensation set by Council Resolution X X X X CITY COUNCIL AS A BODY APPOINTMENT X X X COMPENSATION No No No No No No No No No No FORM 700 FILING REQUIREMENT Yes Yes Yes No Yes n/a No n/a No No MEETINGS 1 X per month 1X every other month 1X every 3 months 1X every 2 months 2X per month n/a 1X per quarter n/a 1X per month 1X per quarter REQUIRED TO REPORT TO COUNCIL ANNUALLY Yes, on or before August 31st and to the State Librarian Yes Yes Yes Yes Yes Yes Yes Yes Yes OTHER Can not be salaried employee or holds office of the City CITY COUNCIL POLICY #107 and NCMC TITLE 16 **Effective February 2, 2020 all Chair and Vice -Chairs are required to be NC Residents 21 of 162 Attachment E COMMITTEE/COMMISSION/BOARD ATTENDANCE - 2021 CIVIL SERVICE COMMISSION (5 Members) Member Position Residency Requirement Appointed Term Term Expires 1/13/2021 n/a Paul Wapnowski Chair Yes 11/20/2018 9/30/2023 Present Rafael Courtney Vice -Chair Yes 1/19/2010 9/30/2025 Present Leslie Coyote Commissioner Yes 10/18/2011 9/30/2024 Absent Fred Puhn Commissioner Yes 9/10/2012 9/30/2022 Present Lissette Rico Miramontes Commissioner Yes 1/19/2021 9/30/2024 Vacant COMMUNITY & POLICE RELATIONS COMMITTEE (8 Members) Member Position Residency Requirement Appointed Term Term Expires n/a 2/18/2021 Michael Lesley Chair Yes 10/30/2018 3/31/2023 Marianne Delatorre Vice Chair Yes 5/21/2019 3/31/2021 Zachary Francisco -Gomez Committee Member Yes 7/3/2018 3/31/2022 Candy Morales Committee Member No 11/20/2018 3/31/2021 Daniel Orth Committee Member Yes 5/7/2019 3/31/2022 Diana Plazola Committee Member Yes 2/17/2015 3/31/2021 Christine Stein Committee Member Yes 1/21/2020 3/31/2023 Daniel Long POA Representative n/a n/a n/a LIBRARY BOARD OF TRUSTEES (5 Members) Member Position Residency Requirement Appointed Term Term Expires 1/6/2021 2/3/2021 Margaret Godshalk President Yes 6/19/2018 Raymond Juarez Vice -President Yes 4/5/2016 H. Bradley Bang Member -Trustee Yes 5/7/2019 Sherry Gogue Member -Trustee Yes 12/4/2018 Cheryl Howrey-Colmenero Member -Trustee Yes 5/7/2019 Coyote Moon (Alternate) VACANCY (Cheryl Howrey Seat Member -Trustee Yes 12/17/2019 Member -Trustee Yes 9/30/2023 9/30/2023 9/30/2021 9/30/2022 9/30/2021 9/30/2021 9/30/2021 Present Present Present Present Present Present Present Present Vacant Vacant Absent Present Vacant Vacant 22 of 162 Attachment E COMMITTEE/COMMISSION/BOARD ATTENDANCE - 2021 PARK, RECREATION & SENIOR CITIZENS ADVISORY COMMITTEE (7 Members) Member Position Residency Requirement Appointed Term Term Expires 1/21/2021 2/18/2021 Nora McMains Chair Yes 9/5/2006 9/30/2022 Cancelled Cancelled Yvonne Cordoba Committee Member Yes 9/21/2004 9/30/2023 Cancelled Cancelled Florfina Arce Committee Member Yes 9/20/2016 9/30/2021 Cancelled Cancelled Joseph Crawford Committee Member Yes 12/17/2019 9/30/2022 Cancelled Cancelled Mike Richards Committee Member Yes 2/16/2021 9/30/2021 Vacant Vacant Ignacio Navarro Jr. Committee Member Yes 2/16/2021 1/1/2023 Vacant Vacant Liliana Armenta Committee Member Yes 2/16/2021 1/1/2023 Vacant Vacant PLANNING COMMISSION (7 Members) Member Position Residency Requirement Appointed Term Term Expires 1/4/2021 1/18/2021 Dolores Flores Chair Yes 6/5/2001 3/31/2021 Cancelled Cancelled Damian Alexander Roman Commissioner Yes 1/19/2021 3/31/2022 Cancelled Cancelled Maria DeLa Paz Commissioner Yes 4/2/2002 3/31/2022 Cancelled Cancelled Luis Natividad Commissioner Yes 5/7/2019 3/31/2023 Cancelled Cancelled Ricardo Sanchez Commissioner Yes 7/5/2020 9/30/2024 Cancelled Cancelled William J. Sendt Commissioner Yes 4/5/2016 3/31/2024 Cancelled Cancelled Ditas Yamane Commissioner Yes 3/3/2015 3/31/2023 Cancelled Cancelled Lorna De La Santos Ex Officio Housing Yes 12/15/2020 3/31/2022 Cancelled Cancelled Denisse Newell Ex Officio Housing Yes 12/17/2019 3/31/2023 Cancelled Cancelled Member Position Residency Requirement Appointed Term Term Expires 7/5/2021 7/19/2021 Dolores Flores Chair Yes 6/5/2001 3/31/2021 Cancelled Damian Alexander Roman Commissioner Yes 1/19/2021 3/31/2022 Cancelled Vacant Maria DeLa Paz Commissioner Yes 4/2/2002 3/31/2022 Cancelled Roberto Garcia Commissioner Yes 3/19/2013 3/31/2021 Cancelled Luis Natividad Commissioner Yes 5/7/2019 3/31/2023 Cancelled Ricardo Sanchez Commissioner Yes 7/5/2020 9/30/2024 Cancelled William J. Sendt Commissioner Yes 4/5/2016 3/31/2024 Cancelled Ditas Yamane Commissioner Yes 3/3/2015 3/31/2023 Cancelled Lorna De La Santos Ex Officio Housing Yes 12/15/2020 3/31/2022 Cancelled (Denisse Newell Ex Officio Housing Yes 12/17/2019 3/31/2023 Cancelled 23 of 162 Attachment E COMMITTEE/COMMISSION/BOARD ATTENDANCE - 2021 PORT COMMISSION (1 Member) Member Position Residency Requirement Appointed Term Term Expires Sandy Naranjo Port Commissioner Yes 12/2/2020 PUBLIC ART COMMITTEE (5 Members) Member Position Residency Requirement Appointed Term Term Expires 1/26/2021 n/a Jose "Pepe" Gonzales Committee Member No 2/16/2021 Nadia Nunez Committee Member No 2/20/2018 Jacqueline Schliapnik Committee Member No 10/20/2020 William A. Virchis Chair No 7/20/2004 Charles Reilly Committee Member No 5/2/2020 Jose A. Lopez (Alternate) Committee Member No 2/16/2021 9/30/2021 Vacant 9/30/2023 9/30/2022 9/30/2022 9/30/2021 9/30/2022 Present Present Present Present Vacant Sweetwater Authority (1 Member) Member Position Residency Requirement Appointed Term Term Expires Mona Rios Commissioner n/a 1/19/2020 12/31/2021 TRAFFIC SAFETY COMMITTEE (5 Members) Member Position Residency Requirement Appointed Term Ryan Whipple VACANCY Javier Alvarado Chair Yes 5/6/2014 Vice -Chair Yes Committee Member Yes 12/4/2018 Christopher Coyote Committee Member Yes 3/1/2011 Coyote Moon (Resigned 1/19/2021) Committee Member Yes 3/21/2017 Zachariah Trujillo Committee Member Yes 9/1/2020 Term Expires 9/30/2023 9/30/2021 9/30/2021 9/30/2022 9/30/2021 9/30/2022 1/13/2021 2/10/2021 Cancelled Cancelled Cancelled Cancelled Cancelled Cancelled 24 of 162 Attachment E COMMITTEE/COMMISSION/BOARD ATTENDANCE - 2021 VETERANS & MILITARY FAMILIES ADVISORY COMMITTEE (7 Members) Member Position Residency Requirement Appointed Term Term Expires 1/28/2021 TBD Shirely Ferrill Chair Yes 10/6/2020 9/30/2023 Present Jesse Aguilar -Perez Yes 10/6/2020 9/30/2024 Present Cheryl A. Owolabi Committee Member Yes 2/16/2021 9/30/2022 Vacant Maria Elena Hernandez Committee Member Yes 10/20/2020 9/30/2024 Present Jhoana Alvarado Committee Member Yes 10/6/2020 9/30/2021 Present Lateef Compton Committee Member No 10/6/2020 9/30/2022 Absent Armando Telles Committee Member No 10/6/2020 9/30/2023 Present HOUSING ADVISORY COMMITTEE (9 Members consisting of the Planning Commissioners and 2 Committee Members) Member Position Residency Requirement Appointed Term Denisse Newell Member Yes 12/17/2019 Lorna A. Delos Santos Member Yes 12/15/2020 Dolores Flores Commissioner/Member Yes 6/5/2001 Damian Alexander Roman Commissioner/Member Yes 1/19/2021 Maria DeLa Paz Chair Yes 4/2/2002 Luis Natividad Commissioner/Member Yes 5/7/2019 Ricardo Sanchez Vice Chair Yes 7/5/2020 William J. Sendt Commissioner/Member Yes 4/5/2016 Ditas Yamane Commissioner/Member Yes 3/3/2015 Term Expires 3/31/2023 3/31/2022 3/31/2021 3/31/2022 3/31/2022 3/31/2023 9/30/2024 3/31/2024 3/31/2023 1/26/2021 TBD Cancelled Cancelled Cancelled Cancelled Cancelled Cancelled Cancelled Cancelled Cancelled 25 of 162 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. 26 of 162 Item # 03/02/21 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) 27 of 162 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City approving the donation of self-contained breathing apparatus (SCBAs) and accessories to assist the City of Tecate. (Fire) Please scroll down to view the backup material. 28 of 162 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 2, 2021 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City approving the donation of self-contained breathing apparatus (SCBAs) and accessories to assist the City of Tecate. (Fire) PREPARED BY: Frank Parra PHONE: 619-336-4551 EXPLANATION: See attached Staff Report. DEPAR ENT: APPRO ED BY: FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: / .4? No cost to City; however, donating the SCBAs and accessories versus selling at auction impacts potential revenue of approximately $50,200. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: MIS nce STAFF RECOMMENDATION: Staff recommends the City Council approve the donation in order to assist the City of Tecate. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Staff Report 2. Municipal Code Chapter 2.42 — Disposal of Surplus City Property 3. Resolution 90 of 1 R9 1 Resolution of the City Council of the City of National City approving the donation of self-contained breathing apparatus (SCBAs) and accessories to assist the City of Tecate. (Fire) Staff Report: The City of National City would like to donate self-contained breathing apparatus (SCBAs) and accessories that have been phased out of service to the City of Tecate. The SCBAs and accessories being recommended for donation are: • 25 packs • 25 URC hoses • 52 cylinders • 45 complete masks The total estimated value for the SCBAs and accessories is $50,200. • 2 RIT systems On September 15, 2020, the City Council approved Resolution # 2020-171 that approved the purchase of MSA G1 SCBAs from the General Fund in the amount of $367,095.41 for the National City Fire Department. The National City Fire Department no longer has a need for the proposed donated SCBAs and accessories. The City of National City and the National City Fire Department would not incur any liability related to the SCBAs and accessories ownership, operation, or use. The City of Tecate, as the owner of the SCBAs and accessories, would provide all maintenance and insurance surrounding its use. Policy Requirements: According to Municipal Code Chapter 2.42 — Disposal of Surplus City Property Section 2.42.040B "Manner of Disposal", if the surplus city property which is not required for city use has been assigned an estimated market value of one thousand dollars or more by the purchasing agent, he/she shall dispose of the property: 1. Through the solicitation of sealed bids, with the award going to the highest responsive, responsible bidder. All notices shall be published by the purchasing agent in a commercially reasonable manner, using any appropriate mediums of printed or electronic commerce which, in the opinion of the purchasing agent, are reasonably likely to ensure an optimum bidding process; 2. Through participation in the San Diego County cooperative auction; 3. Through consignment of items to a vendor to sell on behalf of the city. The purchasing agent shall enter into an agreement with the vendor that has the potential of generating the most market interest and, therefor, the highest net proceeds for the city. The consignment vendor shall, at its expense, advertise the item(s) for sale, in accordance with subsection (B)(1) of this section, and shall accept offers on behalf of the city, with the city having final acceptance authority; 4. Through a negotiated agreement with another public agency, public safety organization, government agency or other nonprofit agency which may have limited funds, and an expressed need for such item(s). 1 30 of 162 The donation of the SCBAs and accessories to the City of Tecate meets requirement No. 4 as described above. Financial Statement: No cost to City; however, donating the SCBAs and accessories versus selling at auction impacts potential revenue of approximately $50,200. Staff Recommendation: Staff recommends the City Council approve the donation in order to assist the City of Tecate. 2 31 of 162 2/17/2021 National City, CA Chapter 2.42 - DISPOSAL OF SURPLUS CITY PROPERTY 2.42.010 - Definitions. A. "Surplus city property" means supplies or equipment belonging to the city which are no longer used or which have become obsolete or worn out or which are otherwise of no further use. B. "Immediate family" means the husband, wife, mother and father of both husband and wife, son, daughter, brother and sister of the employee, or any relative by blood or marriage residing in the same household. (Ord. 1673 § 1 (part), 1979) 2.42.020 - Duty to report surplus equipment and supplies. All using agencies shall submit to the purchasing agent, at such times and in such forms as prescribed, reports listing all available surplus city property. The purchasing agent shall have authority to exchange for, or trade in, such property on new supplies and equipment in accordance with this chapter. (Ord. 1673 § 1 (part), 1979) 2.42.030 - Disposal required. The purchasing agent shall determine if any surplus city property can be used by any agency of the city. If such supplies or equipment cannot be used or are unsuitable for city use, the purchasing agent shall, in the manner provided in this chapter, dispose of such supplies and equipment that cannot be exchanged for or traded in on new equipment or supplies. (Ord. 1673 § 1 (part), 1979) 2.42.040 - Manner of disposal. A. If the surplus city property which is not required for city use has been assigned an estimated market value of less than one thousand dollars by the purchasing agent, he/she may dispose of such property on the open market without advertising for bids. B. If the surplus city property which is not required for city use has been assigned an estimated market value of one thousand dollars or more by the purchasing agent, he/she shall dispose of the property: 1. Through the solicitation of sealed bids, with the award going to the highest responsive, responsible bidder. All notices shall be published by the purchasing agent in a commercially reasonable manner, using any appropriate mediums of printed or electronic commerce 32 of 162 2/17/2021 National City, CA which, in the opinion of the purchasing agent, are reasonably likely to ensure an optimum bidding process; 2. Through participation in the San Diego County cooperative auction; 3. Through consignment of items to a vendor to sell on behalf of the city. The purchasing agent shall enter into an agreement with the vendor that has the potential of generating the most market interest and, therefor, the highest net proceeds for the city. The consignment vendor shall, at its expense, advertise the item(s) for sale, in accordance with subsection (B)(1) of this section, and shall accept offers on behalf of the city, with the city having final acceptance authority; 4. Through a negotiated agreement with another public agency, public safety organization, government agency or other nonprofit agency which may have limited funds, and an expressed need for such item(s). C. The purchasing agent shall have the authority to combine any surplus city property with lost and unclaimed property for the purpose of disposal by public auction in accordance with Chapter 2.44 of this title. D. The amount received for any property sold pursuant to this chapter shall be deposited in the city's general fund. (Ord. 2284, 2006: Ord. 2044, 1992; Ord. 1673 § 1 (part), 1979) 2.42.050 - City personnel prohibited from purchasing. No city officer or employee or any member of the immediate family living in the same household of a city officer or employee shall purchase surplus city property sold in accordance with this chapter. (Ord. 1673 § 1 (part), 1979) 33 of 162 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing, 10 the City (Buyer) to utilize cooperative purchasing established through Sourcewell previously known as National Joint Powers Alliance (NJPA), consistent with Municipal Code Section 2.60.260 for cooperative purchasing, to purchase Tyler Technologies New World Computer Aided Dispatch (CAD) based on their member number 17730; and 2) the Mayor to execute the Agreement with Tyler Technologies to replace outdated current police department CAD, for a seven (7) year lease purchase agreement in the amount of $1,060,000. (Police) Please scroll down to view the backup material. 34 of 162 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: AGENDA ITEM NO.: ITEM TITLE: Resolution of the City Council of the City of National City authorizing, 10 the City (Buyer) to utilize cooperative purchasing established through Sourcewell previously known as National Joint Powers Alliance (NJPA), consistent with Municipal Code Section 2.60.260 for cooperative purchasing, to purchase Tyler Technologies New World Computer Aided Dispatch (CAD) based on their member number 17730; and 2) the Mayor to execute the Agreement with Tyler Technologies to replace outdated current police department CAD, for a seven (7) year lease purchase agreement in the amount of $1,060,000. PREPARED BY: Jose Tellez, Chief of Police DEPARTMENT: Polic PHONE: (619) 336-4511 APPROVED BY: EXPLANATION: See attached. FINANCIAL STATEMENT: APPROVED: FINANCE ACCOUNT NO. APPROVED: MIS ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION ILI FINAL ADOPTION 0 STAFF RECOMMENDATION: Approve Resolution BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation / Staff Report (Attachment "A") 2. PowerPoint Presentation — NCPD CAD (Attachment "B") 3. Amazon Web Services for Brazos (Attachment "C") 4. Capital Innovations Sample Credit Application (Attachment "D") 5. Capital Innovations Purchase Quote (Attachment "E") 6. Tyler Technologies LSA Agreement (Attachment "F") 7. Sample Master Lease Purchase Agreement (Attachment "G") 35 of 16 DATE: February 16, 2021 TO: Brad Raulston, City Manager FROM: Jose Tellez, Chief of Police SUBJECT: Resolution of the City Council of the City of National City to authorize the waiver of the bid process to purchase a Computer Aided Dispatch (CAD) product from Tyler Technologies SUMMARY: It is recommended the City Council approve the Resolution of the City Council of the City of National City to waive the bid process to purchase a Computer Aided Dispatch (CAD) system from Tyler Technologies as part of a needed technology upgrade to the Police Department's Communications Center. BACKGROUND: The current Computer Aided Dispatch (CAD) system in the Communications Center is over twenty years old. The system is TriTech, owned by Central Square, and was designed to be used primarily by Fire and Paramedics departments. Throughout the time TriTech has been used by the Police Department, police dispatchers have found it to be inefficient, difficult to navigate, and lacks the connectivity between other essential law enforcement data systems. As such, dispatchers need to run multiple systems independently and simultaneously from each other to accomplish the same task capable by modern police CAD systems. While other police departments in the county have modernized their communications systems, the National City Police Department continues to work at a disadvantage given all the features now available in new CAD systems. In lay persons' terms, a CAD system is the foundation and brains of a police department communications center. CAD is the primary system used by dispatchers to receive, document, and dispatch police officers to service calls. CAD also archives all aspects of service calls to include location, disposition, the names and IDs of officers, and those residents contacted by officers during the call. As technology advances, it is essential that police communications systems maintain pace. In recent years, the National City Police Department has experienced challenges as demands an systems connectivity and threats of ransomware cyber-attacks have increased. National City Police Department 1200 National City Boulevard, National City, CA 91950-4302 619/336-4400 Fax 619/336-4525 www.nationalcityca.gov 36 of 162 The current police CAD, TriTech, was designed for fire and paramedic applications. Over the years, maintenance and version upgrades have taken place, however, the system has not been able to keep up with modern CAD systems currently employed by other police departments. Police Dispatchers often have to create workarounds to enter or attach essential information to calls or search for archived information. TriTech lacks the configurability needed by dispatchers to reduce the time required to run multiple screens and programs simultaneously. Some of TriTech's fire / medic CAD features, which are not related to or needed for police use, cannot be disabled or removed. In short the Police Department's CAD system is antiquated, not designed for police use, is cumbersome to operate and negatively affects dispatch efficiency while handling critical calls when time or information sharing is of the essence. From the fall of 2019 through September 2020, the Police Department conducted extensive research regarding CAD manufacturers. Police personnel met with vendors, visited allied police communication centers and met with team members (dispatchers, police officers, administrative and IT support staff) to collect information regarding the various CAD systems in use by other agencies. As a result of this effort, the Tyler Technologies New World CAD stood out as the best system suited for the National City Police Department. Tyler Technologies is a mainstay, locally and nationally, in the CAD industry and in use by departments our size, specifically the El Cajon and La Mesa Police Departments. From the information gleaned from El Cajon and La Mesa, the Tyler Technologies New World CAD system is robust while remaining nimble to allow for customization to each agency's specific needs and preferences. The ability to interface with other products and the connectivity with established law enforcement data systems, provide technology currently not in place at the National City Police Department. The Tyler Technologies CAD provides the following: • Fully customizable features to improve dispatch work flow • Law Enforcement query data, on persons and property through various systems, is added to calls for service without additional steps by dispatchers • Call for Service entry screen is designed to agency preference, prioritizing information improving efficiency • Detailed map layers with Pictometry (aerial image process showing the fronts / sides of building and locations on the ground) • Officer and Vehicle GPS Tracking system • Enhanced capabilities: o Geo-fencing - useful during reverse 911, Problem Oriented Policing (POP), tracking patrol data for high crime areas that may not generate specific calls for service. o Live vehicle / officer tracking — useful during vehicle / pedestrian pursuits to enhance officer safety and to provide immediate assistance to emergency situations where communications may not be possible. 2 37 of 162 • Connectivity of map and navigation features to call screens, eliminating the need to access internet map programs • Proximity Dispatching capabilities to send the closest unit to an emergency call based on GPS • Ability to research, redact, and produce call information for various needs like Public Records Requests (PRA), crime statistics, or city reports • Interface with SPIDRTech Software allows dispatch to send information and updates to citizens who have contacted the police department for assistance. • Ability to attach metadata information through an interface feature with Taser International Inc. body worn cameras (BWC) of service call types, location, times, and case or incident numbers As mentioned, Tyler Technologies New World CAD systems are in use by other agencies in the county with additional departments considering the product. While the standardization of police CAD systems currently does not exist in San Diego County, we do have the ability to learn from each agencies' experiences with various systems and vendor customer service. The Tyler Technologies New World CAD product has received excellent reviews by the agencies that use it and was preferred by members of our police department during an interactive product demonstration, prior to the pandemic. If the contract is approved by the City Council, Tyler Technologies will develop / build the CAD software starting immediately. The anticipated go -live date for the CAD system is approximately one-year. FISCAL IMPACT: The contract with Tyler Technologies for full implementation is attached (Attachment A). Currently, the city's financial obligation for TriTech involves a recurring annual maintenance agreement. The below graph illustrates expenditures from 2017 — 2020: 38 of 162 100,000.00 90,000.00 80, 000.00 70, 000.00 60,000.00 Central Square / TriTech Annual Maintenance 77,303.95 2017 82,148.63 2018 87,574.31 2019 ❑ TriTech Annual Maintenance 92,432.70 2020 The following graph illustrates the comparison projected Annual Maintenance expenditures between Central Square and Tyler Technologies. 160,000 140,000 120,000 100,000 80,000 60,000 2022 2023 2024 2025 2026 2021 Cl TriTech 97,000 0 Tyler New World 147,798 2022 102,000 2023 I 2024 107,000 1 112,000 148,969 150,163 151,380 2025 117,000 152,622 r 2026 122,000 153,889 2027 2027 127,000 155,181 Note: TriTech maintenance costs are projected based on the average of annual increases of approximately $5,000 per year. The police department is requesting to waive the competitive formal bid requirement and requests authorization to enter into a seven (7) year contract / financing option with Tyler Technologies. The below graphic illustrates the CAD purchase and maintenance fees. The maintenance fees are recurring after conclusion of the 7 year contract / financing option. 39 of 162 160,000.00 140,000.00 120,000.00 100,000.00 80,000.00 60,000.00 40,000.00 20,000.00 0.00 YEAR 1 ❑ Financed Purchase . Annual Maintenanc Total Cost Projected Tyler New World Costs YEAR 2 YEAR 3 YEAR 4 YEAR 5 Year 1 Year 2 Year 3 Year 4 T- 89,279.86 89,279.86 89,279.86 89,279.86 2 58,519 59,689.38 60,859.76 62,030.14 147,798.86 148,969.24 150,139.62 151,310.00 Year 5 9,279.86 3,200.52 YEAR 6 YEAR 7 152,480.38 Year 6 Year 7 89,279.86 89,279.86 64,370.90 65,541.28 153,650.76 154,821.14 FUNDING: In 2020, the city paid Central Square $97,000 as the annual maintenance fee. The city will continue to pay an additional $5,000 (average) per year, based on past increases. In 2026, the projected annual maintenance cost is approximately $122,000. The projected cost difference between the annual maintenance of TriTech and the actual purchase of a new CAD system plus annual maintenance with Tyler Technologies, is approximately $50,000 in Year One and approximately $30,000 in Year Seven. The project may be funded by using General Funds in combination with revenue generated by the False Alarm Program permits and false alarm fines. ADDITIONAL INFORMATION: • Over the course of the last two years, the police department has taken steps to enhance technology, modernize existing equipment, and upgrade the work environment necessary for the dispatchers to effectively and efficiently perform the required duties of their job. The following is a list of improvements that have been completed in the Communications Center: • January 2020 — 911 Phone System Upgraded o The VESTA telephone system was upgraded to accept Text to 911 calls for service - Next Generation (NG911) 911 compliant. 5- 40 of 162 ENVIRONMENTAL IMPACT: This proposed activity has been reviewed for compliance with the California Environmental Quality Act (CEQA) found under the California Code of Regulations, Title 14, Division 6, Chapter 3, Article 20, Section 15378 and is has been determined that the activity is not a "Project" as defined under the Code because it will not result in a physical change in the environment. In addition, the activity does not constitute a "Project" within the meaning of the California Public Resources Code Section 21065 in that it has no potential cause to either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. Therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activing is not subject to CEQA. Thus, no environmental review is necessary. ATTACHMENTS: 1. PowerPoint Presentation — NCPD CAD (Attachment "B") 2. Amazon Web Services for Brazos (Attachment "C") 3. Capital Innovations Sample Credit Application (Attachment "D") 4. Capital Innovations Purchase Quote (Attachment "E") 5. Tyler Technologies LSA Agreement (Attachment "F") 6. Sample Master Lease Purchase Agreement (Attachment "G") 41 of 162 Ja6ourW sa3inaas ..Joddns aa!/od ')/ooagyso7 aagw y aa!]od fo fa!L/J 'za//al asor s1931PoIra 6111773) HOJVJSIU UTK[IV .YaLI1dLII0,1/49 a) • E a) N - CD 0 0 CD Cld a) U1 C.) H P • O g pE C 4) a) c� r -4 O p-' cu., z .cn cd ctS Q 00 m a) cd - ,—a al 1-d CD � E a) zao • too O E U) 0 a) ct o � The Communication • • a) E O U c a) a) a) tap .� O cri cA--+ 0 U1 O U CD 0 a) a) cd CD .CD creating efficiency CD E CD CD 0 addition of new cJ 43 of 162 LC' A m P Wittig {gill kill Fig i ♦ • w ♦ "r• w•. • —. ♦Mi. • "".• L • ...-. Immommen (papufJ 4u-e.z.0) -saj3N°A aptjod Joj apB.z do jQ — ogog ,zaauza1-das . oarti oJaoJ IBSSE' pure a4-els ic{ papunj icIta1urt.zd) aoualeaddh pazTuaapouz `sni qo pui suopu4sT.zonn OTuzouo.OaJ Iapouzaj uxxudsT — ogog iqnr (papunJ alul s) 4u-ellduzo° TT6DM puu TT6 o4 4Xa1, 'ap13.z do auoud TT6 3lsaA — ogog Xx nuET . K. :apnlouz sa U 2 T3 Ja4uaJ suoT4-eaTunuzuzo3 auk ap-ea. do S OU Ape Ieatolouuaa4 �u��t�TuTs ap1uz .ou piu aaTlod .4 T3 IeuoT4IN `6 T 0 g off. JoTdd • ffurzjaludsrQ !fj-nluao SIz Central Square Tyler New World Incident viewer- Incident ID I628t Master Incident Number [20210128044771 Address II124NDrexel Av a Location Name:1144NDRDO=L Apl/Ste:I— Building I LocationType:I Cross SheeLIE DMSION ST/CERVANTESAY P6ority:IP2 URGENT QV.. NATIONAL CITY Nature/Problem: ICHECKTHE WELFARE URGEt4LI .di Caller Name: ESMERAIDA•T—I U�censePlateInformation, ... Phone:I619� Extl— Plate State 1) t9e9Cesel Called From: SAME (y� CellerType:IFAMILYMEMBER 1 Snepshm r cancel EBit Call Taken:II/28)202110:2527REESE,AUDREY Duplicate Call) J BeetI21 J 9Li Additional Information I Assignments I Acaities I Call Becks Comments/Notes I Edit Log I _Times 1 Transport Info I User Dotal Attachments 1 Date I Time I Initial I CC I Comment 1/20/2021 11:33:51 AR Y (31][Ouery].Name/DOB Check I 1/28/2021 10:59:22 AR Y [30]121J ENRT TO CJ WTH ONE FOR F 1/28/2021 10:50:11 AR Y [29] 120PT 10.16 LAST OF 1/28/2021 10:98:09 AR Y [281121J 10-16 1/28/2021 10:48:00 AR Y[27] Requested Case Numher(s) issued for Incident 420210128044771Junsdicaidn NATIONAL CITY POUCE. Case Numher(s): 2100529.. 1/28/2021 10:40:55 AR Y [26]120PTCAUIIONNOTE FORI 1/28/2021 10:39:16 AR Y [26]1212 SUBJDETAINED 1/28/2021 10:38:09 AR Y [24] Secondary Location for 123J:144 N DRDXEL 1/28/2021 10:37:54 AR Y [23]123J OUT ONTHE SUBJ 149NDRD' L 1/28/2021 10:36:01 123JCRUY[22]123JCRUZAlScene at01/2B/202110:36:01.Latitude: 32 6905593333333. Longitude: -117.081349833333 1/28/2021 10:35:58 121JTECY[21] 121 J TEC Al Scene at 01/28/2021 1/28/202110:35:58,Latitude: 32.6903856666667.Longitude: -117.0820505 Nid I ® CIS adv 6elidl3m':;..:.. z,Ot72&Qo211f Call Location: Verified Location CEDAR ST/ MAYBERRY LN Additional Into 602i PASSING111F Priority 4 District2 W, (6191792-0591 Business - Non Emergency CHICO, JEAN Callers Address / Phone OAssonated Calif;'.rscesinons ve3nnee! quesSannake 1.Narretive L 2.V'enrks r;3.Peaple Ca'.' Narreive! alers Caere. dear Qualifier Venue El Cajcn Override Location Type: Intersection Call Tate,. syeager -rice Vetde Baraboo 6.Ineidenls 'e1311 nepcn G5 ',eked Cels &Logs ■9,Alerts 0 Date Entered By • Narrative 'Critical • Restriction - 01/28202111:50:15 syeager RP IS CONCERNED BECAUSE HE I5 STARTING RRE TO KEEP WARM AND COOK No • General 01/28202111A324 syeager A HOMELESS SUR/ HAS SET CAMP AT THE VERY END OF CEDAR no • General Geo - iSystem View Q;\TriTech \vISICAD\Data\SystemMapthemes\National_city 931 5x32.mxd] ® File View Search Tools Window Q 0 D to ^ I •-'k a a R Y y 40 * ,7 ki t] t© `sl ��.� •l I ® 14 C) 0 N • E Unit At Scene ~,.,.�,: f a T•.:_ D Unit At Post El Units o ❑ Incidents _ a Units at Incident a Units at Station J a Stations Lat 32'40.05`N Lon: 117'05'06"W Viewing: 1.9393 x 1.9535 Mle NARANCAAVE • •� cd Cci 0-1 • N 0 o UO a) • —I 0 1 • • • 0 0 0 to O O •CD 0 • ;-0 Cf.) •r, CLS O Cll w • a) •• —� • 0 cis L) 0 PA • `� R U Cf)H � � N I • 47 of 162 N CO 0 CO cp Fa =Ma lin Oro 041. NAM.;lb yam orn WOO p ....,-.......n... nw...,o V 01.0 68:S0 .J ozausaleo luawu6,ssv to atlfjf 666 l 0ddnS SOZel6 00sata6YJ al mo saunas amm n sl1sej -uofii.$)pom altgoiN do Qvo u uo 2u13j.T0M 1.ou saa&ojduia aoj .1-04Tuout sn1,Bls OUJL pall — maTA gam Gyp • •sasugelup .Tno ui pa xo4s pup aainap aTcp4aod .TtaLp uzoij sm.Too pa.1Tnbaa 896HV pup smaTA.zal.uI pja'd `suopu4.TD ai.aldLUoa o� s.aaTJJo ouTmone OJ iWJ 0S — sozE1g • eOLTL'4STssU paau suoppaoj scup pup plan atp uT s.TaaiJJ0 aIp. 04 uollum.ToJu1 IIL'O a pTAo.d •SauOLIdC.TL'LUS .Trio uo uot413tu.ioJui aligopv — aa.ToJplaN • :sapTnoad pjaom maN aalkL `aligojAj pTi3 GV3 LIOI Tppl3 LIT 6100 am oQ as[f 67ri pi -glom A4aAr ,rapa National City 7 Cs 'ledge & Strategic Plan 49 of 162 50 of 162 Brazos on AWS GovCloud In 2018, Tyler migrated our Brazos hosted environment to the AWS GovCloud. AWS offers a best -in -breed solution with high uptime and reliability, exceptional support, and top-notch security. This virtual network closely resembles a traditional network that operates locally in your own data center, with the benefits of using the scalable infrastructure of AWS. Hosting the Brazos Solution on AWS GovCloud offers the following benefits: • No network, hardware infrastructure, or server licensing for our customers to worry about — fEverything is covered by AWS. Plus, AWS provides continual innovation so systems hosted in the cloud are always operating in a state-of-the-art IT infrastructure. • Robust and scalable — As the system increases in size, the capacity of the database and AWS GovCloud VPC will expand with it which means we will never "outgrow" the hosted environment. • Redundant infrastructure — To minimize disruptions, AWS employs compartmentalization, with multiple constructs that provide different levels of independent, redundant components. They operate in Regions, which are isolated from each other, meaning that a disruption in one Region does not result in disruption in other Regions. Availability Zones are physically separated and isolated, and they are built with highly redundant networking to withstand local disruptions. AWS also leverages a concept known as cell -based architecture, by which resources and requests are partitioned into 'cells" that are designed to be independent of each other. This design minimizes the chance that a disruption in one cell —for example, one subset of customers —would disrupt other cells. Additionally, although the likelihood of large-scale incidents is very low, AWS is prepared to manage them should they occur. They maintain a series of incident response plans covering both common and uncommon events, and we update them regularly to incorporate lessons learned and prepare for emerging threats. The following diagram illustrates the standard redundancies of the AWS GovCloud. Sample Availability Zone Sample US Region Availability Zone A Availability Zone B Availability Zone C Soured.: Amozon Web Services 1 �i� Datacenter Datacenter i Datacenter J • ••••••• • tyler In addition to the durability of the infrastructure, AWS allows the Brazos system to dynamically add or remove computing resources depending upon demand, allowing for unlimited scalability with auto scaling and Elastic Load Balancing. While AWS Auto Scaling adjusts capacity for multiple resources, Elastic Load Balancing distributes incoming application traffic across targets such as Amazon EC2 instances and containers. This is illustrated in the diagram below. Elastic Load Balancing AZ-1 IEC2 lnstances EC2 Instances Auto Scaling Group Execute Policy Auto Scaling Source: Amazon Web Services AZ-2 Metrics Alarms 1 I I I 1.5. I I I .1 1 r 11, Amazon CloudWatch • Secure — The AWS virtual infrastructure is designed to provide optimum availability while ensuring customer security, privacy, and segregation. AW5's highly secure data centers use state-of-the-art electronic surveillance and multi -factor access control systems and maintain strict, least -privileged - based access authorizations. • Encryption — Multiple AWS Cloud services provide built-in integration with AWS Key Management Service to allow easy encryption of data. In combination with the encryption used in the Brazos itself, your data are highly secure. • CJIS Compliant c AWS complies with the FBI's CJIS standard. AWS demonstrates compliance with applicable CJIS requirements as supported by third -party assessed frameworks such as FedRAMP, which includes on -site data center audits by our FedRAMP-accredited 3PAO. All data transferred between the devices in the field and the server are performed over a TLS 1.2 connection via webservices. This includes downloads, uploads, software distribution and error reporting. All communications are compressed and then encrypted via AES. Data at rest is encrypted with PIPS 140-2 and AES 256. 2 52 of 162 • Data privacy and Ownership on AWS - Tyler manages access to ail Brazos content and user access to AWS Cloud services and resources. AWS does not access or use Brazos content for any purpose without our consent. AWS personnel do not have the ability to log into customer instances. AWS never uses customer content or derive information from it for marketing or advertising. • Audit Trail — AWS allows for continuous monitoring of all activity on our VPC, including actions taken through the AWS Management Console, AWS SDKs, command line tools, and other AWS services. This event history simplifies security analysis, resource change tracking, and troubleshooting. • Back-up and Disaster Recovery — AWS provides a set of cloud -based DR services that enable fast recovery of your IT infrastructure and data. Data are backed up to Amazon Simple Storage Service (Amazon S3) with 99.999999999% data durability. Data are transferred over a network from any location. System snapshots of all file data occur once every 4 hours and snapshots of the database once per hour. Each snapshot is a full backup of everything needed to restore all data that is being backed up. 3 •• �} tyler • Application for Equipment Lease Legal Name of Lessee (Applicant) Tax ID# Web address (if, applicable) Address City State Zip Person(s) to Contact for Clarification Regarding Project Name Name Email Title Title Fax Phone Phone Obligations / Economics Bank Qualified a NQn-Barlk Qualified ❑ Are the Applicant's obligations bank qualified (i.e., expected to issue less than $10 Million in tax-exempt financing this calendar year)? Moodv'B InveatQtti€1fViQe;___ Standard & Poor's: Fitch: Please list the Applicanfa current underlying bond rating from the rating agencies listed above (if applicable) Discuss the Applicant's economic trends (stable, positive, negative) and reasons for any variation Yes in No f Has the Applicant ever defaulted or non -appropriated on an obligation? If Yes, Please explain Demographic Information Please provide the following demographic information (please attach any applicable demographic statistics) Approx square Mlle Cities, Towns and Counties Population Increasing or Decreasing Population? If Decreginth____ Please explain Educational Applicants Only Enrollment Increasing or Decreasing Enrollment? Please also answer the above question regarding the resident city If Decreasing, _.. _ _ Please explain Elementary: _. Middle: High School: How many schools make up the district (please list the number and type of each school)? Other: THIS DOCUMENT IS NOT A COMMITMENT OR AN OFFER TO PROVIDE FINANCING 54 of 162 Essential Use Form Purchase Deacriptlon (pleats be specific and attach any applicable equipment lists or invoices available) Est. Equipment Delivery Date Are any of the Lease ProCeeda fOr reimbursement of prior purchases? If yes, has a Reimbursement Resolution been approved by the Governing Body? Yes d No 0 Is the Equipment replacing existing equipment? If Yes Please state how long you have currently used the Equipment and the reason you are replacing the Equipment What will the Applicant do With the oId equipment that is being replaced? If No Please state the reason additional equipment is needed What will the Applicant dd With the did equipment that is being replaced? Please describe In detail the foil*wing (please be specific) What wit the Equipment be used for? Describe the essential nature of the equipment financed List the specific department that Will be the primary user of the Equipment Lease Payments Yes [l NQ_0 Will the lease payments be made from Applicant's General Fund? If No. From which Special Fund Will the lease payments be made? Yes fl Nan Will any federal grant or loan mdrlies be used? If so, please describe Yes f9 No n Has the first payment been appropriated? Terms and Conditions Total Cost of Equipment Term (in years) Advance fl Arreies Q Remittance (choose dna); Advance payment Amount to Finance Annual ❑ Semi -Annual ❑ Quarterly ❑ Monthly ❑ Frequency (choose one): Equipment Delivery Date Insurance Company Name or IndiMie Self Insured Amount of Liability Insurance Amount of Property Damage Insurance The undersigned hereby eertifiee that all the information in the above Application for Equipment Lease and Essential Use Form is true, complete and correct. Applicable Signature Title Date THIS DOCUMENT IS NOT A COMMITMENT OR AN OFFER TO PROVIDE FINANCING two If? capital innovations 300 Village Drive, Suite 303 King of Prussia, PA 19406 (800) 635-3273 Toll Free (888) 810-4200 Facsimile October 29, 2020 Tax Exempt Lease Purchase Quotation prepared especially for: National City (CA) We appreciate the opportunity to provide you with a quote for Tax Exempt Municipal Financing in cOnjutiotIon with Tyler Technologies. Project Cost: $562,605.00 ODOCH1S: 5 annual payments of $122,111.72 due in arrears (2.79%) 7 annual payments of $ 89,279.86 due in arrears (2.79%) Document Fee: $495.00 Escrow Fee: $795.00 This Transaction must be designated as tax-exempt under section 103 of the Internal Revenue Cost of 1986 as amended. We can include documentation and escrow fee in financing or may be paid separately. Please contact your representative for more information. 10-year terms may not allow non -appropriation language. Leases total amount of Tax -Exempt debt to be issued in this calendar year will not exceed the $10,0011,OOOIl It. If that amount exceeds $10,000,000 please advise as that may impact pricing. This Is a proposal only and is not a commitment to finance. This proposal is subject to review and approval of execution of mutually acceptable documentation. The quotation includes a placement fee, which may be capitalized into the project cost at the discretion of the investor. Quotation based on Treasury Swaps as of October 14, 2020. Quote valid good through 11/13/2020 Please contact me at (877) 725-3100 with any questions or if you would like us to alter the structure In any way. We look forward to working with you. Thank you, smart- G. 3raw Stuart G. Brown President/CEO 877-725-3100/direct dial co.file 56 of 162 i • ••%e%tyler • technologies Exhibit D Third Party End User License Agreement REMAINDER OF PAGE INTENTIONALLY LEFT BLANK National City, CA LSA Agreement 110620.docx 28 57 of 162 END USER LI ENSE AGREEMENT RED h1AT ' ENTERPRISE LAMM ANDi RED HAT APPLICATIONS redh4 i PLEASE Pig) THIS EWC USER LICENSE AGREEMENT CAREFULLY BEFORE USING SOFTWARE FROM RED HAT. BY USING RED HAT SOFTWARE'. YOU SIGNIFY YOUR ASSENT TO AND ACCEPTANCE OF T Hi:, END USER LICENSE AGREEMENT AND ACKNOWLEDGE YOU HAVE READ AND UNDERSTAND THE TERMS. 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U.S. Commerce De b-..=:1 , :xR'art A+iministration Regulations CEAIR71, 1 +1 are net located in a prohibited destination the E.P.R. or L.S. sanctum'': --:.:.Priors iaarrently Cuba, Iran, Iraq. North Katta, ouch( and Syria, subject to Change as posted by t15- 13te% :a-,:.-' i ::' will r:c:^ + 7 'a•.exo rt or truns.'er tree Programs tb any prOflitited destinaton or persons or entiti8s on the L' = 3urealy a •erunty r P- as List or Ennty List or the U.S. dffide of Pbteln Assets control list of Specially Designated Nationals and Slaeo-, = - . - or any 1 m:l2r Lst3 maint3ih8d b.::'>' countries, tbdh@ut tile tle,tet 8ry expert license(%) or auihetrizationts): lids will not use or tr:.r,>--. ,. E Programs for use in connector. ,, • • any nuc(83r. Onemital or niorogioai weapons. missile technology. or military end -uses beta pr,r.:b t8: by an applicable a?ms embargo.: - i authorzeo by the feldvant government agency by regulation of specific license:.' 1 . el'%land and agree that if you 34a in the U,:ited :eta:a a :,rid export of titan:Stets the Programs to eligible end users. you will. • :r.; _ :+ _ red by EAR _+Pion 740.17i4t), submit semi-inn:o -eaarta 0 the tO3fiim4rce Deparnt:ent's Bure3lo of Industry and Seoul''... _ -- - _ - •- name and address f influrting muntryj. of each ir=a:'. a.v,ee; and if) untleratand that sauntries including the United States may _ . c: t pc a 'use.. or extort a' ena'yption products {Whit,n may include the Programs and the ocwiponentst and agree that you shall be responsible for compi,3n08 with any such viper/ use, or expert tastnctions Itha Hie License Agreement page T ft'83`lark.Enrerprd53 &trimx*Ba03 I80 ,''Pat ',WORM:MS +8) 31>�e/:tlTtt National City, CA LSA Agreement 1 10620.docxtyler 29 58 of 162 Thitel Patty t1t ffitiy dittnbutlr. thift flytenrat : , •••••• ' ."..111f1t n:.: : "14 NV Th4i11'nftl 414g14t1s4 SE* it4ttkliurnt4 t4 flan 1114 RtOcjtan'it: 34t ploy.o,o : : to tio, - tut:,,raol £AVAit b.t.f44. Ink lik4ntsof. t61-114 441et.t 4444'444y 114 tnird pity isotyabo pfb:yd : : • i'dhat.c.44*.ilcensesftIvrclpartyletila.ntml. If y4t, ks kve**, akai, by 1!..t• :-ab flMf.D;- proownt. rnly et4t inoall thorn. If yOu wan t4 ink1All thol lo37iy -a -a, on t11014 t1'4114f4 %)41,1911 tttunett V*. 111 iftl T1 t 1141hkt 42.1y. Inon yu 11,at 44ntatt 114 11t.tr4bt VI* : "411411y latotwar* 0ognot. 7 4#44tAL if any IsremwAs. E--)-A 4 1.414 D* :an*Iltnf.,3D1* P.D* *DfDri,-*IsDility t?* mammaing provicoo4. AII.0 no b.* Ait000. Any 4,44e4, ty,',fiftodeqty .00put* arr4mg ,octot L.ILihami rao cj4vtrfr4.7.4: by 1114 1:14,4 41 thdl. 3t2ftrt. CYf NthY Yttit aoa& tr,k lJnitod wil114011 tSg3f4 t4 Any oonliot iaw pfova,ont.T1 1-iotnt owi-1n- f trik priitt Th LJLAto:Oi k/.51 0,ovoola oy tatkAk Onvo'lbo,n of) IntkMationzl f.zi,a! Clooak. ts-tiatrea t4 *.*1 At• Wit qt-treN. *F44 I-4b *R4 nt. nu rut -tra.afge,-,4f,' KU:t12f*d ilsOferle7C: 615 PQ 'kfwe 14:a.mau yao.a& 44%4 11,4,4ot trSt.' "'Alt 512 0.43111-i or.4* rgt.wv* unAK 1:1P•bf 114* FlgittMi ftif tif1M 4fRtrPtitt 0:w.f., 4114 From avaetAINIGitt4ng ta,z,y19-04.taif4f.e: National City, CA LSA Agreement 110620.docx tiler 30 59 of 162 tyler technologies Exhibit E Professional Services 1. Project Management Services We shall act as Project Manager to assist you in implementing the Tyler Software. Project Management Services include: a) Developing an Implementation Plan; c) Providing revised Implementation Plans (if required); d) Providing monthly project status reports; and e) Facilitating project status meetings • a project review (kickoff) meeting at your location ✓ progress status meeting(s) during implementation via telephone conference or at your location; and • a project close-out meeting at your location to conclude the project. f) Consultation with other vendors or third parties, if necessary. 2. Implementation and Training Support Services Implementation and training support services have been allocated for this project as described in the Investment Summary, Avoiding or minimizing custom or modified features will aid in keeping the support costs to the amount allocated. The recommended implementation and training support services include: a) implementation of the Tyler Software; b) Training you or assisting with your training on the Tyler Software; and c) tailoring of Tyler Software by our technical staff and/or consultation with our technical staff. The project management, implementation and training support services provided by us may be performed at your premises and/or at our headquarters in Troy, Michigan (e.g., portions of project management are performed in Troy). 3. Interface and/or Fixed Installation Services We shall provide interface installation services as described in the Investment Summary. Our GIS Implementation services are to assist you in preparing the required GIS data for use with the Tyler Software. At a minimum, you will be required to provide an accurate street centerline layer and the appropriate polygon layers needed for Unit Recommendations and Run Cards in an industry standard ESRI file format (Personal National City. CA LSA Agreement 110620.docx 31 60 of 162 Geodatabase, Flle Geodatabase, Shape Files). You are responsible for having clearly defined boundaries for Police Beats, EMS Districts and Fire Quadrants. If necessary, we will assist you in creating the necessary polygon layers (Police Beats, EMS Districts and Fire Quadrants) for Unit Recommendations and Run Cards. We are not responsible for the accuracy of or any ongoing maintenance of the GIS data used within the Tyler Software. 4. Hardiw re Quality Assurance Service We shall provide Hardware Systems Assurance of your server(s). Hardware Quality Assurance Services (High Availability Environment): Hardware Systems Assurance and Software Installation: Assist with High Level System Design/Layout Validate Hardware Configuration and System Specifications Validate Network Requirements, including Windows Domain Physical Installation of our Application Servers Install Operating System and Apply Updates Install SQL Server Standard and Apply Updates Install New World Applications Software and Apply Updates Establish Base SQL Database Structure Configure System for Electronic Customer Support (i.e. NetMeeting) Tune System Performance Including Operating System and SQL Resources Provide Basic System Administrator Training and Knowledge Transfer Document Installation Process and System Configuration 5, ssige.Jwitch Operating System Assurance Service We shall provide Message Switch Operating System Assurance, which includes: a) Message Switch Operating System Assurance Services: Operating System Assurance and Software Installation Services: Install and update Red Hat Linux Operating System Build system user -ids and applicable authorizations Migrate all Message Switch data from the old server to the new server (if applicable) Verify all scripts are adjusted for new machine Migrate all source code from old machine to the new machine Compile New World Message Switch programs Assure Message Switch operation in the live environment Adjust any tables as needed during the assurance phase National City, CA LSA Agreement 110620.docx tyler 32 61 of 162 • • �..% tyler ..^ technologie.. Exhibit E Schedule 1 Data File Conversion Assistance We will provide conversion assistance to you to help convert the existing data files specified below. If additional files are identified after contract execution, estimates will be provided to you prior to us beginning work on those newly identified files. General 1, A data conversion analysis and assessment to verify the scope of effort for the project will be conducted. A revised cost estimate for the data conversion may be provided at the conclusion of the assessment. You may elect to cancel or proceed with the conversion effort based on the revised estimate. 2. This conversion effort includes data coming from one unique database or source, not multiple sources. 3. No data cleansing, consolidation of records, or editing of data will be part of the data conversion effort. Any data cleansing, removal of duplicate records, or editing must take place by you prior to providing the data to us. Our Resporlslbilitigi 1. We will create and provide you with a conversion design document for signoff prior to beginning development work on the data conversion. No conversion programming by us will commence until you approve this document. 2. We will provide the data conversion programs to convert your data from a single data source to the Tyler Software for the specified files that contain 500 or more records. 3. As provided in the approved project plan for conversions, we will schedule on -site trips to your location in order to conduct the following: a. Conversion Analysis, b. Assistance for Mapping and Testing, and c. Conversion Go -Live Implementation and Support You will be responsible for travel expenses as set forth in the Invoicing and Payment Policy. 4 We will provide you up to three (3) test iterations of converted data. One test iteration consists of: a. Running a conversion test in your test environment, National City, CA LSA Agreement 1 10620.docx 33 62 of 162 b. Your reviewing a conversion test and responding in writing to us (see Client responsibilities paragraph 3 below), c. We correct or otherwise respond to issues discovered and reported by you, d. We will conduct internal testing to verify corrections, and e. Both parties planning for the next test iteration and/or the live Implementation. 5. 'Tyler will provide warranty coverage for any conversion -procedure -related issue reported by Client to Tyler within thirty (30) days after the conversion is run in the live database. gligOt.l ospOti (llities 1. Provide a current copy of the databases to be converted in one of the following formats: a, Microsoft SQL Server database b, Microsoft Access database C. Microsoft Excel spreadsheet d. An ASCII format delimited text file, including embedded column headers and text delimiters. 2. You will respond to each test iteration in writing, on a form provided by us, either: a. Indicating acceptance that the Data Conversion Process is ready for the final conversion, or b. Indicating a list of changes that need to be applied to the Data Conversion Process for the next test iteration. Up to three (3) test iterations are provided as part of the Data Conversion Process. After the third (3r6) test Iteration, you shall pay our then -current flat fee for each additional test iteration. You will promptly review each test iteration when delivered by us. Prompt review by you will reduce the likelihood that a need for additional test iteration(s) may arise due to an extended delay between delivery of a test iteration and its review. 3. If available, provide a data dictionary (data descriptors) of the databases being converted. 4. As provided in the project plan for conversions, you will provide a dedicated resource in each application area to focus on conversion mapping and testing. This includes dedicating a support person(s) whenever our staff is on site regarding conversions. Roughly a one to one ratio exists for your commitment and our commitment. You understand that thorough and timely testing of the converted data by your personnel is a key part of a successful data conversion. 5. Yoii agree to promptly review and signoff on both the conversion design document, and on the final Conversions after appropriate review. Only one data source will be converted for each of the files described in the Investment Summary, unless otherwise noted. Nation it City, CA LSA Agreement 110620.docx ykkr 34 63 of 162 •• •••• tyler ... • technologies Exhibit E Schedule 2 Customer Requested Standard Software Enhancements and/or Custom Software 1. Definition We will provide you requested standard software enhancements and/or custom software services as discussed below. You agree to cooperate in limiting the scope of those modifications and enhancements, as described below. An analysis and assessment to verify the scope of effort for these services will be conducted. A revised estimate for the enhancements/customizations may be provided at the conclusion of the assessment. You may elect to cancel or proceed with the enhancements/customizations based on the revised estimate. Capabilities included in the initial scope: a) Custom Software/Interface(s) While we will provide reasonable consultation, you are responsible for obtaining technical contacts and/or technical specifications from the third parties involved. (1) SDLaw Warrant Lookup (2) NetRMS Call -for -Service Export (() ARJIS Call for Service Export 2. Methodology to Provide Enhancements and/or Custom Software a) Qt.ir Responsibility As part of our delivery of these services, we will: (1) Review the required features for the items set forth in paragraph 1, above, with you. (2) Prepare a Requirements Document (RD) to include: • Detailed description of the required feature • menu samples • screen samples • report samples tyler National City. CA LSA Agreement 110620.docx 35 64 of 162 (3) Conduct the programming and programming test. (4) Provide the associated in -scope training, testing and/or other support services. For an enhancement or custom software requiring over seven (7) days of services, we will utilize the design document procedure described below. For enhancements or custom software that require less than seven (7) days of services, we will use a Request for Service (RFS) procedure. Both procedures are reviewed with you at a pre -installation planning meeting. The RFS procedure utilizes a form with a narrative description and supporting documentation if applicable to define the work to be done. b) Design Development Procedure (1) (2) (3) Activity We will work with your staff in completing the RD. You agree to be reasonable and flexible in not attempting to design the modifications to be more extensive than called for in the scope (cost and schedule) of this project. We submit completed RD to you. You will review and sign off on the RD. Once you sign off on the RD, any subsequent changes must be documented along with the impact on pricing and schedule, if any. No programming will be done by us until the formal sign -off and your authorization to proceed in writing. (4) We complete programming from RD and provide the associated deliverable to you. (5) You test software modification based on RD. 3. Third Party Responsibilities Targeted Time Period To be determined To be determined To be determined To be determined To be determined a) The third -party will provide a documented API that will allow access to required data via a file transfer, web service, or TCP/IP. b) We will not be responsible for making any modification in the 3rd party software to support this Interface. c) The third -party will work with us and you to test the interface. The custom Interfaces we agree to deliver to you under this Agreement are set forth in the Investment Summary and In the Interface Control Document(s) (ICD) listed below. National City, CA LSA Agreement 1 t 0620.docx �R ,R tyler 36 65 of 162 Interface Control Document (ICD) National City, CA Interface SDLaw Warrant Lookup Direction _. _.. Query Third Party ..__ _ r .... SDLaw Record Typ¢ NA Detailed Description `Tyler Technologies will provide an interface that will allow users to query warrant data through the New World NCIC functionality. Assumptions 1. The third -party will provide a documented API that will allow access to required data via a file transfer, web service, or TCP/IP. 2. Tyler Technologies will not be responsible for making any modification in the 3rd party software to support this interface. 3, The third -party will work with Tyler Technologies and the customer to test the interface. For Inlepnal Use tartly: Practice Manager Craig Salyers Design and Development (tours 140 Deployment Hours 40 Trips Required 0 Interface NetRMS Call -for -Service Export Direction Export 7hlyd Party NetRMS Record Type Call for Service Detailed Description Tyler Technologies will provide an interface that will export call for service data from New World Public Safety to NetRMS. The transfer of data will be an automated batch process that will occur at a frequency configurable by the customer. The interface will support one transfer method and format. Data may be transmitted as a file, through a web service, as a TCP message or other agreed upon protocol. The interface will be limited to fields that exist in the New World module. No new fields will be added to the database or user screen. Assumptions 1. The third -party will provide a documented API that will allow access to required data via a file transfer, web service, or TCP/IP. 2. Tyler Technologies will not be responsible for making any modification in the 3rd party software to support this interface. 3. The third -party will work with Tyler Technologies and the customer to test the interface. Page 1 of 2 Sep 21, 2020 66 of 162 Interface Control Document Sedgwick County, KS — For Internal Use Only: Practice Manager Craig Salyers Design and .Development Hours 60 Deployment Hours 30 Trips Required 0 Interface _._ _..__. •., . ARMS Call for Service Export Direction • export Third Party ~ AIMS Record Type Call for Service Detailed Description Tyler Technologies will provide an interface that will export call for service data from New World Public Safety to ARJIS. The transfer of data will be an automated batch process that will occur at a frequency configurable by the customer. The interface will support one transfer method and format. Data may be transmitted as a file, through a web service, as a TCP message or other agreed upon protocol. The interface will be limited to fields that exist in the New World module. No new fields will be added to the database or user screen. Assumptions 1. The third -party will provide a documented API that will allow access to required data via a file transfer, web service, or TCP/IP. 2. Tyler Technologies will not be responsible for making any modification in the 3rd party software to support this interface. 3. The third -party will work with Tyler Technologies and the customer to test the interface. For Internal Use Only: Practice Manager Craig Salyers Design and Development Hours 60 Deployment Hours 30 Trips Required iy Page 2 of 2 Sep 21, 2020 67 of 162 • • .11.%• tyler • • technologies Exhibit F Additional Terms for New World Public Safety and Brazos Hosted Components We will provide you with the New World Public Safety and Brazos hosted components of Tyler Software indicated in the Investment Summary of this Agreement. The terms and conditions contained in this document only apply to our provision of those applications. Capitalized terms not otherwise defined will have the meaning assigned to such terms in your License and Services Agreement. 1. Additional Definitions. The following definitions shall apply to this Exhibit: 1.1. "Hosted Components" means the New World Public Safety and Brazos hosted components of Tyler Software identified in the Investment Summary. 1.2. "Hosting Services" means the hosting services Tyler will provide for the Hosted Components for the fees set forth in the Investment Summary. Terms and Conditions for the Hosting Services are set forth in this Exhibit F, 1.3, "SLA" means the service level agreement applicable to the Hosting Services. A copy of Tyler's current SLA is attached hereto as Schedule 1. 1.4. "Third Party Services" means the services provided by third parties, if any, identified in the Investment Summary, 2. Hosting Terms for the Hosted Components. 2.1. We will either host or engage Third Party Services in order to host the Hosted Components set forth in the Investment Summary for the fees set forth therein. You agree to pay those fees according to the terms of the Invoicing and Payment Policy. In exchange for those fees, we agree to provide the Hosting Services according to the terms and conditions set forth in this Exhibit F, and the other applicable terms of the Agreement. If you fail to pay those fees, we reserve the right to suspend delivery of the applicable Hosting Services after advance written notice to you of our intention to do so. 2.2. In our sole discretion, we may elect to migrate the Hosting Services to a replacement system (including our own) and will undertake reasonable efforts to complete such transfer during maintenance windows as set forth in the SLA. We will undertake reasonable efforts to provide you with advance written notice of any such transfer. You agree to provide all reasonable assistance and access in connection with any such transfer. In the event the Hosted Components are transferred to our data center and we provide hosting services directly to you, the terms of the SLA will also apply. 2.3. The initial term for the Hosting Services is one (1) year. Thereafter, the term will renew automatically for additional one (1) year terms, unless terminated by either party at least thirty (30) days in advance of the upcoming renewal date. 2.4. Where applicable, we will perform or cause to have performed upgrades of the applications, hardware, National City. CA L,SA Agreement 110620.docx " V{ er 38 68 of 162 and operating systems that support the Hosting Services. These upgrades are performed in commercially reasonable timeframes and in coordination with third -party releases and certifications. We will make available information on industry -standard minimum requirements and supported browsers for accessing the Hosting Services. National City, CA LSA Agreement 110620.docx tiler 39 69 of 162 • ••• •••• tyler technologR Exhibit F Schedule 1 Service Level Agreement for Hosted Components Agreement Overview This SLA outlines the information technology service levels that we will provide to you to ensure the availability of the Hosting Services that you have requested us to provide. All other support services are documented in the applicable Support Call Process. All defined terms not defined below have the meaning set forth in the Agreement. Definitions Attainment: The percentage of time a service is available during a billing cycle, with percentages rounded to the nearest whole number. Client Error Incident: Any service unavailability resulting from your applications, content or equipment, or the acts or omissions of any of your service users or third -party providers over whom we exercise no control. Downtime: Those minutes during which the applicable software products are materially unavailable for your use. Downtime does riot Include those instances in which only a Defect is present. Service Availability: The total number of minutes in a billing cycle that a given service is capable of receiving, processing, and responding to requests, excluding maintenance windows, Client Error Incidents and Force Majeure. Service Availability The Service Availability of the applicable software products is intended to be 24/7/365. We set Service Availability goals and measures whether we have met those goals by tracking Attainment. Client Responsibilities Whenever you experience Downtime, you must make a support call according to the procedures outlined in the applicable Support Call Process exhibit. You may escalate through the hosting hotline. You will receive a support incident number. Any Downtime is measured from the time we intake your support incident. To track attainment, you must document, in writing, all Downtime that you have experienced during a billing cycle, For purposes of this Service Level Agreement, billing cycle shall be based on each calendar quarter. You must deliver such documentation to Tyler within thirty (30) days of a billing cycle's end. M -tyler National City, CA LSA Agreement 110620.docx 40 70 of 162 The documentation you provide must substantiate the Downtime. It must include, for example, the support incident number(s) and the date, time and duration of the Downtime(s). Tyler responsibilities When our support team receives a call from you that a Downtime has occurred or is occurring, we will work with you to Identify the cause of the Downtime (including whether it may be the result of a Client Error Incident or Force Majeure), We will also work with you to resume normal operations. Upon timely receipt of your Downtime report, outlined above, we will compare that report to our own outage logs and support tickets to confirm that a Downtime for which Tyler was responsible indeed occurred. We will respond to your Downtime report within thirty (30) days of receipt. To the extent we have confirmed Downtime for which we are responsible, we will provide you with the relief set forth below. Client Relief When a Service Availability goal is not met due to your confirmed Downtime, we will provide you with relief that corresponds to the percentage amount by which that goal was not achieved, as set forth in the Client Relief Schedule below. Notwithstanding the above, the total amount of all relief that would be due under this SLA will not exceed 5% of the foe for any one billing cycle. Issuing of such credit does not relieve us of our obligations under the Agreement to correct the problem which created the service interruption. A correction may occur in the billing cycle following the service interruption. In that circumstance, if service levels do not meet the corresponding goal for that later billing cycle, your total credits will be doubled, with equal relief being provided in that later billing cycle, Client Relief Schedule Targeted Attainment Actual Attainment Client Relief 100% 98-99% Remedial action will be taken at no additional cost to you. 100% 95-97% Remedial action will be taken at no additional cost to you. 4% credit of fee for affected billing cycle will be posted to next billing cycle 100% <95% Remedial action will be taken at no additional cost to you. 5% credit of fee for affected billing cycle will be posted to next billing cycle You may request a report from us that documents the preceding billing cycle's Service Availability, Downtime, any National City, CA LSA Agreement 110620.docx tyler 41 71 of 162 remedial actions that have been/will be taken, and any credits that may be issued. That report is available by contacting the hosting hotline through the support portal(s). Applicability The commitments set' forth in this SLA do not apply during maintenance windows, Client Error Incidents, and Force Majeure. We perform maintenance during limited windows that are historically known to be reliably low -traffic times. If and when maintenance is predicted to occur during periods of higher traffic, we will provide advance notice of those windows and will coordinate to the greatest extent possible with you. When maintenance is scheduled to occur, we will provide approximately two (2) weeks' advance written notice to the contact information that you supply on your notification form. When emergency maintenance is scheduled, you will receive an email at that same contact point. Force Majeure You will not hold us responsible for meeting service levels outlined in this SLA to the extent any failure to do so is caused by Force Majeure. In the event of Force Majeure, we will file with you a signed request that said failure be excused. That writing will include the details and circumstances supporting our request for relief with clear and convincing evidence pursuant to this provision. You will not unreasonably withhold your acceptance of such a request. National City, CA LSA Agreement 110620.docx W" !lei" 42 72 of 162 [LESSEE] Lease Purchase Financing [Closing Date] Closing Documents 1. Master Lease Purchase Agreement — attach<.'Thr execution 2. Lease Schedule No. 1 — attached for exec' a. Equipment Description b. Payment Schedule — In er to avoid a p ial rate adjustment, all closing documents must h• returned by ^r<`•,,k. ,':;>.i<. `rfry {;`. 3. Acceptance Certificate:;jedfire use 4. Escrow Agreement:; 5. Pay Proceeds Lotter •-' 6. TaxCertifica :[ached`itlion 7. Incumbency Ctfi-of Les, attached for execution 8. A aroval of Gov iing'' i3'dy of Le ' ' — Lessee to provide to closing 9. ' i tc i7lrz •, aunse[5 i7,Lessek*Lessee to provide prior to closing �...Cry,,,•,, '�:.. .,.:�..,... 10. IRS 1 W 86 ee to ide a signed copy prior to closing orm 803 8-G — Lessee to file the original with the Lessor with proof of mailing (post -closing) — Lessee to provide prior to any escrow disbursement SO/Title application — Lessee to provide prior to any disbursement ;enholder: BciCapital, Inc. Address: 390 N. Orange Ave., Ste. 2600, Orlando, FL 32801 dor Contract — Lessee to provide fully -executed version prior to any disbursement Payment/Performance Bond — Lessee to provide original prior to any disbursement Dual -obligee: BciCapital, Inc. 73 of 162 MASTER LEASE PURCHASE AGREEMENT This Master Lease Purchase Agreement (this "Agreement"), dated as of , 2020, is made and entered into by and between BciCapital, Inc. ("Lessor"), and the , a political subdivision of the State of ("Lessee"). In consideration of the mutual covenants herein contained, the parties hereto agree as follows: 1. LEASE OF EQUIPMENT; FUNDING 1.1. Lase; Possession and Use. Lessor hereby agrees to sello, Thfer and lease to Lessee, and Lessee hereby agrees to acquire, purchase and lease from Lessor the Operty described in each Lease Schedule (defined herein) executed and delivered by Lessor and Les g on the terms and conditions set forth herein, together with all attachments, additions, aceesslong, parts, raIrs, improvements, replacements and substitutions thereto (the "Equipment"). Each Lease exefttii0tid delivered by Lessor and .Lessee pursuant to this Agreement shall constitute a *rate and indeAtelit lease anctinstallment purchase of the Equipment described therein. This Agreemenel03not a commitni4by Lessof* enter into any Lease and nothing in this Master Lease shall behconstrue ‘Tacilnipose any obli449,fi#0;n Lessor to enter into any proposed Lease. The decision wheth Lsar-tpterS"ittitg,any Lease is ‘41tin Lessor's sole discretion. As used herein, (i) "Lease Schedulet eans a Sagdule btantiatIyAfAhe form attached as Exhibit A to this Agreement, together with all addertikriders, • achment eiti1is and exhibits thereto, as the same may from time to time be amnde4, modtt or sirlemented "Lease" means a Lease Schedule each together with this Agreement erms and kailitions of which are incorporatedtherein. 1.2. Funding. Unless otherwise pro44ed Iu the apPli*le Lease Schedule, in order to provide financing to pay the costs to Alike and insta )1;k e Eqtupinent §-Of forth in the applicable Lease Schedule (the "Etuvitasa.Prio_e"), Lesscii d ssee shalt,4:ecutC0deliveiran escrow agreement relating to such Schedule in form and substanee ant with scroW gent atigactory to Lessor (an "Escrow Agreement') If all conditions setprth in Sectiott, a'i74.agn, isfied in full or waived, then Lessor will deposit or cause to be depositk..;:94ari escrow fund under Jttted Escrow Agreement, or pay to Lessee an amount (which may include tThied investment Ornings bn) equal to the Purchase Price for the Equipment to be financed under th relaced ese Schell* Funding eunnts The,,funding of the Purchase Price and the performance by Lessor of any � its obligations puat1i6 any Lease, are subject to the satisfaction or waiver of the following: Fee „ted all of the following documents, which shall be reasonably satisfactoiy, in form and substance, to evidence of insurance coverage or self-insurance as required by the Lease; (2) an opinion ofLeWe's counsel and/or bond counsel to Lessee; (3) waivers of third parties holders of interests in the real proofty.' where the Equipment will be located, as Lessor may deem necessary; (4) copies of rest:dud,* Lessee's governing body, duly authorizing the Lease and the Escrow Agreement and incumbency certificates for the person(s) executing the Lease and the Escrow Agreement; (5) such documents and certificates as Lessor may request relating to federal tax -exemption of interest payable under the Lease, including (without limitation) IRS Form 8038-G or 8038-GC and evidence of the adoption of a reimbursement resolution or other official action in the event that Lessee is to be reimbursed for expenditures that it has paid more than 60 days prior to the funding of the Purchase Price; (6) if the Purchase Price will be paid to Lessee (or vendor(s) or supplier(s) of the Equipment on behalf of Lessee), an acceptance certificate for the Equipment (substantially in the form attached as Exhibit B to this Agreement)(an "Acceptance Certificate"), and (7) such other documents and information previously identified by Lessor or otherwise reasonably requested by Lessor. 1 74 of 162 (b) Lessee has executed and delivered to Lessor the Lease Schedule, its related Payment Schedule and the related Escrow Agreement (if applicable); (e) no Event of Default shall have occurred and be continuing under any Lease; (d) no material adverse change shall have occurred in the financial condition of Lessee; (e) the Equipment is reasonably satisfactory to Lessor and is free and clear of any Liens (defined herein) ether than the respective rights of Lessor and Lessee as herein provided; and (0j all representations of Lessee in the Lease remain true, ael to and complete. 1,4, .Delivery, .Installation and Acceptance of Equipment see shall order each Equipment, shall cause the Equipment to be delivered and installed at the locations s i' ;t 1 ed q the applicable Lease Schedule and shall pay all taxes, delivery costs and installation costs, if any;?:., t lotion therewith. If the Purchase Price is deposited under an Escrow Agreement forte acquisition o<$e Equipment, such funds J.... shall be disbursed as provided therein. The insufficiency of pioeeds of any Le o pay`(lOusts of the Equipment subject thereto shall not affect Lessee'sLessee's .41j,g tions'i4 9.1. this Section , the Equipment described in such Lease Schedule is delivered, iris 1I f1 ccepfi Lessee shall pt tly execute and deliver to Lessor an Acceptance Certificate for tl :e quipme i 2. TERM 2.1. Term. The term of each Le to Leas si shall commence on the Lease Date set a°i ; forth in the applicable Lease Schedule and sl ._tef :hate ITS% ,synnent of the all Rental Payments, unless sooner terminated pursuant to t t ;Lease. 3. RENTAL PAYM131NITs 3.1, L yrnents. La , agri r h >Spay the rent payments ("Rental Payments") in the amounts and on the `'d t ach a "Payi 1e t.Date") as; pecified in the Payment Schedule attached to each Lease Schedule, A po . n o a h.Rental ent is paid as interest as specified in the Payment Schedule J1 r for each 4€t. All RAW Payme .cs all bey: ,,.,:id to Lessor, at such places as Lessor may from time to time des: de"by written ° ticet4 , I,pssee shall pay the Rental Payments with lawful money of the Unite0 tes of .America f ni treys 1ega11y available therefor. .ems The obligations of Lessee, including its obligation to pay the Rental Payments dui" ii y fTs iiu ear All constitute a current expense of Lessee for such fiscal year and shall not constitute an indebtedniits ortessee within the meaning of the Constitution and laws of the State of s==__ . (the "StatenfVE RENTAL PAYMENTS ARE TO BE MADE ONLY FROM LESSEE'S LEGALLY AVAILA:s:REVENUES APPROPRIATED ON AN ANNUAL BASIS, AND NEITHER LESSEE, THE STATM NOR ANY POLITICAL SUBDIVISION OR AGENCY THEREOF SHALL BE OBLIGATED TO PAY ANY SUMS DUE UNDER A LEASE FROM THE COMPELLED LEVY OF AD VALOREM OR OTHER TAXES EXCEPT FROM THOSE LEGALLY AVAILABLEREVENUES APPROPRIATED BY LESSEE ON AN ANNUAL BASIS. Nothing herein shall constitute a pledge by Lessee of -the full faith and credit or taxing power of the Lessee. The person or entity in charge of preparing Lessee's budget will include in the budget request for each fiscal year the Rental Payments to become due during suchfiscal year, and will use all reasonable and lawful means available to secure the appropriation of money for such fiscal year sufficient to pay all Rental Payments coming due therein. Lessor acknowledges that appropriation for Rental Payments is a governmental function which Lessee cannot 2 75 of 162 contractually eomnlit itself in advance to perform. Lessee reasonably believes that moneys in an amount sufficient to make all Rental Payments can and will lawfully be appropriated and made available to permit Lessee's continued utilization of the Equipment in the performance of its essential functions during the applicable Lease Terms, 3_3. Unconditional Rental Payments. Subject to Section 3.4 hereof: (a) Lessee's obligation to make Rental Payments and any other payments hereunder shall be absolute and unconditional; (b) Lessee shall make these payments when due and shall not withhold any of these payments pending final resolution of any disputes; (c) Lessee shall not assert any right of set-off or counterclaim against its obligation to make these payments; (d) Lessee's obligation to make Rental Payments or othepayments shall not be abated through accident„ unforeseen circumstances, failure of the Equipmentto&form as desired, damage or destruction to the E ui ment loss of possession ofthe Equipment or,o '`1escence ofthe Equipment; and q p � p,,�' (e) Lessee shall be obligated to continue to make payments required' by this Agreement reement if title to, or temporary use of, the Equipment or any part thereof shall be taken undee, rcise; '; the power of eminent domain, 3.4. lionappropriation. If during the then current aI. year of Lesse .1 ficienFunds are not appropriated to make Rental Payments required un i a asc for i ie following fig"' ''' (an "Event of Nonapproprktion"), Lessee shall be deemed not to: .ve r°e 14 +ed su ,ease for the fol pn uig fiscal year, `•,y;' rtie. .,fir:. ,.. and the .Lease shall terminate at the end of the thet urrent fig" :year, `a d esseey ball not be obligated to make Rental payments under the Lease bcYond th , Chien cur.rrnt fiscal `y' f liich funds have been appropriated, Upon an :Event of Nonappi;o` C ation, Le . sEta eturn the Iaq l nient subject to the Lease to Lessor in accordance with the requiredi :ott s= o£ Section 11 '3 Lessee shall notify Lessor in writing no later than 30 days following an Event of f\on j opriation t failure to provide such notice shall not operate to extend the Lease Term. If Lessee 'f'Ib ttrurn the'=applicable Equipment or otherwise comply with Section 11,3, the termirtt11t1?.;;,sha11 never f less 1 effectiv a but Lessee shall be responsible for the payment of damages in an adfiffi .qua1 to the Mount i e Rental Payments that would thereafter have come due if the Lease had not beh rrrt�f�E i d int ^ zhich u ;l ttributable to the number of days after which Lessee fails to coin y with Lessor, 'struoi ;for any other loss suffered by Lessor as a result of Lessee's failure to;•;;gdh actionsi'equired °Tlition, Lessor may, by written instructions to any escrow agent who is '#1d1it •oeeeds of`lh r Lease, insttuct such escrow agent to release all such proceeds and any earnings there i`: to I etf dty . Intei t other a#'unts due and pays coitditi t iroc :tir direct, of Lessee 4 .... ,:: of the Equipment (now ex „. • Lessee's obligations to pay all Rental Payments and all er each Nase and to perform and observe all covenants, agreements and olute or contingent, due or to become due or existing or hereafter arising) e hereby grants to Lessor a first priority, security interest in any and all ot!ereafter acquired) under each Lease, moneys and investments held from time to time the Escrow 1{d under each Escrow Agreement and any and all proceeds of any of the foregoing..Lessee agrees xecute and deliver to Lessor all necessary documents to evidence and perfect such security interesi~'Y' hiding, without limitation, Uniform Commercial Code financing statements and any amendments thereto and certificates of title or certificates of origin (or applications thereof) noting Lessor's interest thereon. 4. PURCHASE AND PREPAYMENT 4.1. End of Lease Term. Lessee shall have the option to purchase all of the Equipment under a Lease upon the expiration of the Lease Term and payment in full of all Rental Payments then due and all other amounts then owing under the Lease, and the payment of $1.00 to Lessor. 3 76 of 162 4.2. Optional Prepayment. Lessee shall have the option to prepay its obligations under any Lease in whole but not in part on any Payment Date as set forth in the applicable Payment Schedule , but only if and to the extent the Lease Schedule provides for such prepayment. Lessee shall give written notice to Lessor of its intention to exercise its option not less than thirty (30) days prior to the Payment Date on which the option will be exercised and shall pay to Lessor not later than such Payment Date an amount equal to all Rental Payments and any other amounts then due or past due under such Lease, including the Rental Payment due on the Payment Date on which the option shall be effective, and the applicable Prepayment Price set forth in the applicable Payment Schedule (the "Prepayment Price"). 4.3, £ ces_s..Proceeds. Lessee's obligations under a Lease shaii;.;be prepaid in part from the excess proceeds of the Lease on the terms set forth in any Escrow Agreement pursuant to which proceeds of the Lease are being held. 4.4. Release of Lessor's Interest. Upon timely receipt, it required for the purchase of the Equipment subject to any Lease pursuant td-;, in whole of any Lease pursuant to Section 4.2, such Lease ;all terminate, ail' interest in and to the Equipment shall terminate, and Lessor sh 1I eiiver to Lesse' instruments as Lessee may reasonably request to evidep he termingltion of the Le in the Equipment, without warranty by or recours 5. REPRESENTATION, WARRANTIES AND COVEN 5,1, Representations and W:';;rs representations and warranties to Lessor wt' such Lease: (a) Lessee is a slt`stical sub of the Internal Revenue Code o Constitution and laws of the State' into this Agreement:ease and the its obligations underfgs``j ument an nsactei Tease. nds, of all amounts h 4.1 or the prepayment essor's right, title and such,: l iOiments and ssor's interest 'all be deemed to make the following ease, in each case as of the Lease Date for he State within the meaning of Section 103(c) the` de"), duly organized and existing under the nder the Constitution and laws of the State to enter templated hereby and thereby, and to perform all of The ex,t9,.tion atC3ivery i .his Agreement and the Lease Schedule have been duly authori 1 by'all necessai aet Am.'ss governing body and such action is in compliance with all public adding and other 5 d federa Flaws applicable to this Agreement and the acquisition and financii eof the Bq ipnient by Lessee. (c) This Agii'.. enl'd the Lease Schedule have been duly executed and delivered by and constitute the valid and bin l g obligations of Lessee, enforceable against Lessee in accordance with their respective terms. (d) The execution, delivery and performance of this Agreement and the Lease Schedule by Lessee does not (i) violate any State or federal law or local law or ordinance, or any order, writ, injunction, decree, or regulation of any court or other governmental agency or body applicable to Lessee, or (ii) conflict with or result In the breach or violation of any term or provision of, or constitute a default under, anynote, bond, mortgage, indenture, agreement, deed of trust, lease or other obligation to which Lessee is bound. (e) There is no action, suit, proceeding, claim, inquiry or investigation, at law or in equity, before or by any court, regulatory agency, public board or body pending or, to the best of Lessee's knowledge, threatened against or affecting Lessee, challenging Lessee's authority to enter into this 4 77 of 162 Agreement or the Lease Schedule or any other action wherein an unfavorable ruling or finding would adversely affect the enforceability of this Agreement or the Lease Schedule. (f) Lessee or Lessee's governing body has appropriated and/or taken other lawful actions necessary to provide moneys sufficient to pay all Rental Payments during the current fiscal year, and such moneys will be applied in payment of all Rental Payments due and payable during such current fiscal year. (g) Lessee has an immediate need for, and expects to make immediate use of, the Equipment, which need is not temporary or expected to diminish during the applicable Lease Term. 5.2. Tax.Ccavenunts. (a) Lessee covenants and agrees that it will (i) cornpl`,and timely file an information reporting return with the Internal Revenue Service ("IRS") in accordanceth Sea"tt 149(e) of the Code; (li) not permit the Equipment to be directly or indirectly used. for a private li`u a Fuse within the meaning of Section 141 of the Code including, without limitation, � i ;. by private peis` s or entities ,pursuant to contractual arrangements which do not satisfy IRS guidelines )permitted mail went c rTtttacts, as the sanie may be amended from time to time; (iii) invest. d; reinvest keys on deposit"f tiles i escrow fund related to each Lease from time to time in a martn a°:'•`illnot .e'itm o such Lease to ;be classified as an "arbitrage bond" within the meaning of Section ' (a) of the' ` de; iv earnings in any such escrow fund to the federal gotljn .Trent if '>uired by" 148(f) of the Code and make the determOons an&Igaintai: ie records comply with all provisions and regulations a pbcable ftPf0. the interest component of the Rental Paym kls. rider eac Section 103 of the Code. ;.bate an,: i ,ount equal to excess ordance with, Section ed by the Code; and (v) hing and maintaining the excludability of rise from federal gross income pursuant to (h) If Lessor eith > ves notic , n any un, fronithe IRS; or (ii) reasonably determines, based can an opinion of independent i et Yxttsgl s ted by'1 :ssor that Lessor may not exclude the interest component of any Rental Pa en ;t llder 'ii' m federal gross income, then Lessee shall pay to Lessor, within thirtgl ,;.days after I t not see of such determination, the amount which, with respect to Rental ..PaYi i . { t y, ously paid 1 taking i o account all penalties, fines, interest and additions to tax (including all fed ral, s tc an4 local f' ;imposed on the interest component of all Rental Payments under the;.i.. s..e due through the dirt r: uch ev` n t) that are imposed on Lessor as a result of the loss of the exclusi ii 3 Will restore to: sso tfrc saum• fler tax yield on the transaction evidenced by such Lease (assuiri. tax at the highest h1 ii ginal corporate tax rate) that it would have realized had the exclusion not been 1oi Additip M;tly,,.,.Lessc ;agrees that upon the occurrence of such an event, it shall pay additional rent to Les :icy twwecii;Rental Payment due date in such amount as will maintain such after tax yield to Lessor. Lessor's t` titermWtion of the amount necessary to maintain its after-tax yieldes provided in this subsection (h) shall Iyeonclusive (absent manifest error). 6. INSURANCE; CAS ' AND CONDEMNATION 6.1. , Liability and Property Insurance. Lessee shall, at its own expense, procure and maintain continuously in effect during each Lease Term: (a) public liability insurance for death or injuries to persons, or damage to property arising out of or in any way connected to the Equipment sufficient to protect Lessor and its assigns from liability in all events, with a coverage of not less than $1,000,000 per occurrence unless specified differently in the related Lease Schedule, and (b) insurance against such hazards as Lessor may require, including, but not limited to, all-risk casualty and property insurance, in an amount equal to the greater of the full replacement cost of the Equipment or the applicable Prepayment Price. 5 78 of 162 6.2. Insurance Requirements. All insurance policies required by Section 6.1 shall be taken out and maintained with insurance companies acceptable to Lessor and shall contain a provision that thirty (30) days prior to any change in the coverage (including cancellation) the insurer must provide written notice to the insured parties. No insurance shall be subject to any co-insurance clause. Each liability insurance policy shall be endorsed to name Lessor and its assigns as an additional insured party and each casualty and property insurance policy shall be endorsed to name Lessor and its assigns as loss payee, in each case regardless of any breach of warranty or other act or omission of Lessee. Lessee may self -insure against the risks deseribed in Section 6.1 with the prior written consent of Lessor. 7. ADDITIONAL ITIONAL OBLIGATIONS 7.1. ilae. .and Maintenance of Equipment. Lessee shall, 4 s s own expense, maintain the Equipment in good condition and proper working order, and sh 1.:.'in' ake all necessary repairs and replacements to keep the Equipment in such condition. The Equipmen '' ili be usedby y Lessee only forthe purpose of performing Lessee's essential governmental functions. Lessee" ll.. 'stall, use, operate or maintain the Equipment improperly, carelessly, in violation .ony manufacture`;' uidelines or in violation of any applicable law or regulation or in a manner contrary to't .;Ai contemplated''by is Agreement. Lessee �h; shall obtain and maintain all permits and licenses necessary' the installatioit;Yaltd; Aeration of the Equipment. Lessee shall have sole responsibility to; [`t a° Land ri r the Equipmeii',xr=`:essee shall keep (or in the case of Equipment constituting motor d, l} es, h se) the yl anent at the a dress specified in the related Lease Schedule; provided that Lessee' ;.h^,change'1 locatii is ,wh.c my Equipment is kept (or housed) with thirty (30) days prior written notici ': ,esso .specifying tl1'" ess of the new location. Lessee shall provide Lessor access at aili:• onable e examine an inspect the Equipment and �A. . old Y` .. N: d...:...d.. provide Lessor with such access to the Egli: ' ^ads may oasonably necessary to perform maintenance on the Equipment in the event of failure by I.e .ee to Ii orm its obligations hereunder. If Lessor reasonably determines that Lessee is not mainiai ing + of the L ipment in accordance with this Section, Lessor may an addition to ';;; ; :a.. remedi s:11 ma .,::;:axe re(q re Lessee to enter into maintenance contracts for such Equipment in .roved 6 ,essor` d with approved providers. vssments and other charges which are assessed or eieof, dh ,mg tithe Lease Term, whether assessed against Lessee .s that may lawfully be paid in installments over a period of only aita ;nstallments as accrue during the then current fiscal year 7,2. Ia es levied against the 1J'''`' or Lessor, With I'espe„ years, Les.spe; shall be d Ii'gated of the L ; Olken) for sue � affixor i impair the ai see shall' ';all yteor any pari;t Modificatio eSso1' ally "in e xes or cliff 'Equipment. Lessee will not, without the prior written consent of Lessor, ment or device on any of the Equipment if such addition will change or e, function or use of the Equipment. 7.4. Liens. Les shall not, directly or indirectly, create, incur, assume or suffer to exist any Y.J mortgage, pledge, lielleNtle, encumbrance or other claim with respect to the Equipment (each, a "Lien"), other than the respeet'&Fights of Lessor and Lessee as herein provided. Lessee shall promptly, at its own expense, take such actions as may be necessary duly to discharge or remove any such claim if the same shall arise at any time. 7.3. Financial Information. Lessee shall deliver to Lessor (i) its annual audited financial statements within 210 days after the end of each fiscal year, (ii) its annual budget the each fiscal year promptly following approval thereof, and (iii) such other financial statements and information relating to the ability of Lessee to satisfy its obligations under this Agreement and the Lease as may be reasonably requested by Lessor from time to time. 6 79 of 162 the customary services furni agrees that (a) all Equipment w with .Lessee's specifications fromla of any Equipment no obligation with {i manufacturer or Sup representa •p, guaran parties 1bt be bindi as an iO'dad beneficiary s 9. Ris 8, TITLE; NO WARRANTIES BY LESSOR 8,1, Title. During the Lease Term, legal title to all Equipment shall be in Lessee, subject to Lessor's interests under the applicable Lease Schedule and this Agreement. Upon an Event of Default or an .Event of Nonappropriation, title shall immediately vest in Lessor, free and clear of any right, title or interest of Lessee, 8.2. pr on l Property. The Equipment is and shall at all times be and remain personal property and not fixtures, 8.3. No Warranties. LESSEE ACQUIRES AND LEASES. ;E HE EQUIPMENT UNDER EACH LEASE "AS IS." LESSEE ACKNOWLEDGES THAT LES Q'DID NOT MANUFACTURE THE EQUIPMENT UNDER ANY LEASE. LESSOR DS NOT REPRESENT THE MANUFACTURER, SUPPLIER, OWNER OR DEALER, AI f ! ;LESSW, SELECTED THE EQUIPMENT BASED UPON LESSEE'S OWN JUDGMENT. LESSOI`NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OJ MERCHANT' ; ITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE OR AS 'MOE EQUIPM ? ''S VALU ? DESIGN, CONDITION, USE, CAPACITY OR DURABILITY,.,.LESS `:%4GREES THE CAUSE, LESSOR IS NOT RESPONSIBLE FO1 A 1 ,L.ESS WILL NOT AGAINST LESSOR FOR, ANY DAMAGES, V4 THEIt St Y'1 INDIRECT INCURRED BY LESSEE IN CO;F,CTION LEASE, NEITHER THE MANUFACTU R, SUP . EMPLOYEE OR AGENT OF THE •ti;+?;,FACTI1: AGENT OR HAS ANY AUTHORITY TO? * C TOR LI For and during the Lease Term under each Lelik elspr assi product warranties, express or plied, applica to'? ;.;conneetio ;s urc .s no liability= _.... '. any man represeri y. tl::made LESS OF ANY CLAIM ►NSEQ ENTIAL, DIRECT, SPECIAL OR .., TH T S QU NT UNDER ANY '•`DEALER ;°ANY SALESPERSON, �..a PPLIER OIi: DEALER IS LESSOR'S OR OR TO BIND LESSOR IN ANY WAY. 4.tx i o Lessee any manufacturer's or Supplier's 'I.:f uipriietfl and Lessor authorizes Lessee to obtain warranies at Lessee's sole expense. Lessee d by`L spr for the benefit of the Lessee in accordance y Less (b) Lessor is not a manufacturer or dealer ;sr installation of any Equipment, (c) Lessor assumes ipplier's product warranties or guaranties, (d) no Iv of said parties is an agent of Lessor, (e) any warranty, ny manufacturer or supplier or any representative of said the Lessor shall cause the supplier to identify the Lessee &ny. 9,1, Risk of .:::. ��� A'�s.between Lessee and Lessor, Lessee bears the entire risk of loss, theft, damage or destruction of i; Equipment in whole or in part for any reason whatsoever. No loss to any Equipment shall relieve L!> a from the obligation to make any Rental Payments or to perform any other obligation under any ;i Proceeds of any insurance recovery will be applied to Lessee's obligations under this Section 9. 9.2. Notice of Loss. If a casualty occurs to any Equipment, Lessee shall immediately notify Lessor of the same and Lessee shall, unless otherwise directed by Lessor, immediately repair thesame. 9.3. Application of Proceeds. If Lessor determines that any item of Equipment has suffered a casualty loss is beyond repair, then Lessee shall either: (a) immediately replace such Equipment with similar equipment in good repair, condition and working order free and clear of any liens and deliver to Lessor a purchase order, bill of sale or other evidence of sale to Lessee covering the replacement equipment, 7 80 of 162 in which event such replacement equipment shall automatically be Equipment under the applicable Lease, or (b) on the next scheduled Payment Date, pay Lessor (i) all amounts owed by Lessee under the applicable Lease, including the Rental Payment due on such date, plus (ii) an amount equal to the applicable Prepayment Price set forth in the Payment Schedule to the applicable Lease. If Lessee is making such payment with respect to less than all of the Equipment under a Lease, then Lessor will provide Lessee with the pro rata amount of the .Prepayment Price to be paid by Lessee with respect to the such Equipment. 9.4. Claims and Expenses. Lessee shall bear the risk of loss for, shall pay directly and shall defend against any and all claims, liabilities, proceedings, actions, expenses (including reasonable attorney's fees), damages or losses arising under or related to any Equipmea ;.including, but not limited to, the possession, ownership, lease, use or operation thereof These oblig 8 of Lessee shall survive any expiration or termination of any Lease. Lessee shall not bear the risj «loss of, nor pay for, any claims, liabilities, proceedings, actions, expenses (including attorney's fees), dges or losses which arise directly from events occurring after any Equipment has been returned by Lessee%(Jesse ;i' accordance with the terms of the applicable Lease or which arise directly from the gross negli#r willful misconduct of Lessor. 10. ASSIGNMENT 10.1. Assignment by Lessor. Lessor n any Equipment or any Escrow Agreement (incl ri a assign a security interest in any Lease, its Tgipment3 thereunder), in whole or in part, to any plc any ti Any such assignee or lien holder (an "Assi``'' hail hair'' Lease and Escrow Agreement. LESSEE AO'' B t OT TO CLAIMS, ABATEMENTS, ,.SETOFFS, CC'4N7LAI SIMILAR DEFENSES WfII(fMAID•.'` Lessee in writing, any such asssactio under the applicable Lease. An as'sktmet.,rea 's Lease, its Equipm, ti,� r any Escr enforceable against' st .ly after Les: and address of eacki'''%:uc ``' sianee. assignment ;ln the f i acknow "'in writing atl. ssign'`;ahts,'i(,;and interest in`ind to any Lease, the esdigt iw fund' eund,e grand/or may grant or w Agreefit,00Pluding the escrow fund m time to tiii'li'v,+ithout Lessee's consent. of the rights of Lessor under the applicable ERT AGAINST ANY ASSIGNEE ANY 1?.ECOUPMENT OR ANY OTHER AINSAESSOR. Unless otherwise agreed by ase Lessor from any of Lessor's obligations nmenta any of Lessor's right, title or interest in a ree1#i .ncluding the Escrow Fund thereunder) shall be received written notice of assignment that discloses the name shall keep a complete and accurate record of all such with Section 149(a) of the Code. Lessee agrees to "so requested. Ass.ignmentdit Subleasing by Lessee. Neither this Agreement nor any Lease or any P'^ Slj4eased, sold, transferred, pledged or mortgaged byLessee. 11, EVENTS O1 DEFAULT;" MEld1LS 11.1. Events o a Lease shall constitut.6 atilt Defined. The occurrence of any of the following events with respect to vent of Default under the Lease: (a) Lessee's failure to pay any Rental Payment or other amount required to be paid to Lessor under the Lease within ten (10) days following the due date thereof, other than by reason of an Event of Nonappropriation; (b) Lessee fails to perform or observe any of its obligations under Section 6, 7.4 or 10.2 hereof; (e) With the exception of the above clauses (a) or (b), Lessee's failure to perform or abide by any condition, agreement or covenant with respect to the Lease for a period of thirty (30) days after written 8 81 of 162 notice by Lessor to Lessee specifying such failure and requesting that it be remedied, unless Lessor shall agree in writing to an extension of time prior to its expiration; (d) Lessee shall be in default with respect to the payment or performance of any indebtedness, liability or obligation to Lessor or any of its affiliates under any note, loan agreement, security agreement, lease, title retention or conditional sales agreement or any other instrument or agreement (including the occurrence of any Event of Default under any other Lease then held by Lessor), whether accelerated or otherwise and any applicable grace period with respect thereto has expired; (e) any statement, representation or warranty made by Leg to the Lease or in any writing delivered by Lessee pursuant thereto or in connection therewith proat any time to have been false, misleading or erroneous in any material respect as of the time when nii Qr (f) Lessee applies for or consents to the appQxntment of a rec ':,.;z � trustee, conservator or liquidator of -Lessee or of all or a substantial part of its assets t s. petition for re1I lJ is filed by..Lessee under any federal er state bankruptcy, insolvency, moratorium or sin tiaf:;law. Remedies on Default. Upon the 0„,tencd ny EY of Default.wit fl spect to a Lease, y.. Lessor shall have the right, at its option and wit13'oi;any furt=<lemantl :r;;notica:tone or more or all of the following remedies with respect to the Lease: "< (a) .Lessor, with or without tei j t ng the as may declare all Rental Payments payable j1+.; under the Lease to the end of the then-curresa year o is see to be immediately due and payable by Lessee, whereupon such Rental., Payments shabeir'ediatel Rand payable. (b) Lessor may rei{ `.: &ee to pr ptly`r I all Equipment to Lessor in the manner set forth to Section 11.3 (and Lessee' es th%t.shal rso retur'in to Equipment), or Lessor may, at its option, enter upon the premises where any : la pmeitl +1 iced and repossess such Equipment without demand, without any court oide .other proces l' law ai Stout liability for any damage occasioned by such repossession, and 1,dssor'tthereafter=dpose of he Equipment. If Lessor terminates the Lease and disposes of any or all d.-,._., e Eq emt, Lesst §fall apply the proceeds of any such disposition to pay the `; followin #1s In the fl'Io ing of k,; i)all c lits and expenses (including, but not limited to, attorneys' fees) i .i, red in securingtimg0 "ri of` quipment; (ii) all costs and expenses incurred in completing the didiOgiti011 of the Equi IX1'ent; (iii) any sales or transfer taxes incurred in the disposition of the Egtiipm ni • a y.ltental P vients payable under the Lease to the end of the then -current fiscal year of Lessee; (v)'t ` tilsfan'ding, prit pal component of Rental Payments under the Lease; and (vi) any other amounts then due under tire; Lease' Any disposition proceeds remaining after the requirements of clauses (1), (ii), (iii), (iv), (v) and (vi)s ave been met shall be paid to Lessee. No deficiency shall be allowed against Lessee, except with ..res, . .0 any unpaid Rental Payments to the end of the then -current fiscal year of Lessee and unpaid ei s`'and expenses incurred by Lessor in connection with the repossession and disposition of the Equipment. (a) By written notice to any escrow agent that is holding proceeds of the Lease under an . Escrow Agreement, Lessor may instruct such escrow agent to release all such proceeds and any earnings thereon to Lessor, such sums to be credited to payment of Lessee's obligations under the Lease; or (d) Lessor may exercise any other remedy available, at law or in equity, with respect to such Event of Default., Lessee shall pay the reasonable attorneys' fees and expenses incurred by Lessor in exercising any remedy hereunder. 9 82 of 162 11,3. Return of Equipment Release of Lessee's Interest. Upon termination of any Lease prior to the payment of all Rental Payments or the applicable Prepayment Price (whether as result of an Event of Nonappropriation or Event of Default) thereunder, Lessee shall, within ten (10) days after such termination, at its own expense: (a) perform any testing and repairs required to place the related Equipment in the condition required by Section 7; (b) if deinstallation, disassembly or crating is required, cause such Equipment to be deinstalled, disassembled and crated by an authorized manufacturer's representative or such other servioe person as is satisfactory to Lessor; (c) return such Equipment to a location in the continental United States specified by Lessor, freight and insurance prepaid by Lessee; and (d) comply with any additional return conditions specified in the Lease Schedule. Lessee shall execute and deliver to Lessor such documents as Lessor may request to evidence the passage of legal ti*11;,,and ownership to Lessor and termination of Lessee's interest in the Equipment. With respect to any provision of the Agreement requiring Les ,o return 1,11 or any portion of the Equipment to Lessor or to transfer title to all or any portion of the equO'npt tpl:ls'sor, Lessee agrees to voluntarily do so. In the event that Lessee fails or refuses to return or trans) it th uipment or title thereto voluntarily as set forth above, Lessor acknowledges that the` Bement does n d shall not create a right in. Lessor to involuntarily dispossess Lessee of title to or posse 'an of all or any" 'it Alof ttuipment. . 11 A. Late Charge. To the extent perm on any Rental Payment not paid on the date mfg.' in the applicable Lease Schedule plus 5% per annuir is less (the ''Default Rate"), from such dal% ,cable'(; ;. Lessee shall 15anessor a charge at a rat:O'gqual to tb nterest rate set forth Yum amdq?pi:ti�ied by law, whichever 11.5, No Remedy Exclusive. Ea l ; o %C%e, righti. remedies under this Agreement and each Lease is cumulative and may be enforced sti;;aratl,;or coritsrrently. No course of dealing or conduct between Lessor and Lessee shallbe effective t0bend edify or i nge any provisions of this Agreement or any Lease, No failure or d l b :e sor to in upon>; xe strict' performance of any term, covenant or agreement of the Agreement or y;I a i ;t9r to 'i ercise t ' right, power or remedy consequent upon a breath thereof; shall„constitute a wa `i' rofa : nehi rm, covenant or agreement or of any such breach, or preclude Lessor frog' rising any ' . ;right,` owe or remedy at any later time ortimes. 11.6. Costs` did At .; ' Fees. ` pn the occurrence of an Event of Default, Lessee agrees to a to 1,11 =,: , pay o:;,., :.ar reimbuit` _Lessor; adds i to all other amounts payable hereunder, all of Lessor's cots o ' iil8otion, includntg reaso aQ ,peys' fees, whether or not suit or action is filed thereon. Any such 40 shall be immedial xl line and payable upon written notice and demand given to Lessee, shall be secuied` ,-tih1s A'.rne ,ent ut i 1:.paid, and shall bear interest at the Default Rate, In the event suit or action is institut 'd:'+.`°4";'g;?;f t'iterms of this Agreement, the prevailing party shall be entitled to recover from the other party such's* aitthe court may adjudge reasonable as attorneys' fees at trial and on appeal of such suit or action or in bankruptcy proceeding, in addition to all other sums provided by law. 12. MISCBLLANEOUS� ° '�1SIONS 1 2.1. Notices. All written notices to be given under this Agreement shall be given (a) personally, (b) by (nail hi registered or certified form, with postage prepaid, or (c) by overnight courier, charges prepaid, in each case to the party entitled thereto at its address specified beneath each party's signature, or at such address as the party may provide to the other parties hereto in writing from time to time, and to any assignee at its address as it appears on the registration books maintained by Lessee. Any such notice shall be deemed to have been received 72 hours after deposit in the United States mail, 24 hours after deposit with a courier, or, if given by other means, when delivered. 10 83 of 162 12.2. Binding Effect. This Agreement and each Lease hereunder shall be binding upon and shall inure to the benefit of Lessor and Lessee and their respective successors and assigns. Specifically, as used herein the terra "Lessor" means, with respect to a Lease, any person or entity to whom Lessor has assigned its right to receive Rental Payments under such Lease. 12.3. amicability. In the event any provision of this Agreement or any Lease shall be held invalid or trnenforeeable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. 12.4. EntireAgreement; Amendments. Each Lease constitutes the;ntire agreement of the parties with respect to the subject matter thereof and supersedes all prior;: d'' contemporaneous writings, understandings, agreements, solicitation documents and representatoyexpress or implied. Each Lease may be amended or modified only by written documents duly authorize. ;gxecuted and delivered by Lessor and Lessee. 12.5. Captions. The captions or headings in this' 4 r ement are forTynyenience only and in no way define, limit or describe the scope or intent of any provisid , Articles, Secti' ns or claugg iereof. 12,6. Further _Assurances and Correetly ' t""" T` ; ts. LaaS r and Lessee agree that they will, from time to time, execute, acknowledge and deli or causdi be exeoted, ackn Medged and delivered, such supplements hereto and such further instrume >as may.easonab1y b e.,; ed to effect, confirm, establish, reestablish, continue or compl t `;the inter f L ; or in this '; C4Stiient and each Lease, to ai•- ��. i r., .yr•s. .r. consummate the transactions contemplate d% 1 reby and t1ii ;e �j'and to carry out the purposes and intentions of this Agreement and each Lease. 12.7, 0-inert-ling L his Agreen1 sff ;bp goveriiiLhy and construed in accordance with the laws of the State, 12,8. Usury. It is the inteh$;ipn of a j s hereto'°to comply with any applicable usury laws; accordingly, it is a d that, notwi ;tendin ovisions to the contrary herein or in any Lease Schedule, in no evdr;t; is Agree"t or any' ase hereunder require the payment or permit the collection of interest -i ,.an tot in the permitted,; �:sstr " when • the higst 1 that thei :plicable''#;, itd dal remains¢ e awful rate, the rest istttl1 orm t 12.9.` Waiver waive any right to trial by je of this Agreement. ure of interest or fees in excess of the maximum amount xcess i :herest or fees shall first be applied to reduce principal, and In determining whether the interest paid or payable exceeds thount ofinterest shall be spread through the applicable Lease Term so ugh such term. r.1 i1. To the extent permitted by applicable law, Lessor and Lessee hereby in any action or proceeding with respect to, in connection with or arising out 12.10. USA Patriot Act Compliance Notification. Lessor hereby notifies Lessee that pursuant to the requirements of the USA PATRIOT Act (the "Patriot Act"), it is required to obtain, verify and record information that identifies Lessee, which information includes the name and address of Lessee and other information that will allow Lessor to identify Lessor in accordance with the Patriot Act. Lessee shall, promptly upon Lessor's request, provide all documentation and other information that Lessor requests in order to comply with its ongoing obligations under applicable "know your customer" and anti -money laundering rules and regulations, including the Patriot Act. 11 84 of 162 12.11. Relationship of Fatties. Lessee acknowledges and agrees that (i) this Agreement and each Lease and the transactions related thereto is an arm's-length commercial transaction between Lessor and Lessee, (ii) in connection therewith and with the discussions, undertakings, and procedures leading up to the consummation of this transaction, Lessor is and has been acting solely as a principal and is not acting as the agent, advisor or fiduciary of Lessee, (iii) Lessor has not assumed an advisory or fiduciary responsibility in favor of Lessee with respect to the transactions contemplated hereby or the discussions, undertakings, and procedures leading thereto (regardless of whether Lessor or any affiliate thereof has provided other services or is currently providing other services to Lessee on other matters) and Lessor has no obligation to Lessee with respect to the transactions contemplated hereby except the obligations expressly set forth in this Agreement and any Lease, and (iv) Lessee has consulted its own legal, financial, and other advisors to the extent it has deemed appropriate. 12.12. filing of Leases. Lessee shall not file or sub or any portion this Agreement or any Lease, any documeilelted default, event of acceleration, termination event, waivst?�:,rt'tidificati relating to this Agreement or any Lease or any su 'lit' the foregoif Rulernaking Hoard ("MSRB") (or any successor t e' MSRB or similar"e #;„ document or portion thereof has been provided to` a�,.,,Lessor in advance for extent required by the Lessor and otherwise permitte ; ` pder appl :gable MSRB r law, if any. Lessor is not responsible far the Lessee's or disclosure obligations under any appiic::, ,ecurities law oar. 12.13. Counterparts. This Agre.,,• of counterparts, each of which shall be an`* hereto were upon the same;,' went, and iii shall not be necessary ta;; :..t:t"' < "8 ccount for laiav Lease g he same`; his Itfy's compliande`' agreement or undei'laking. ermit the filing or submission, of all his Agreement or any Lease, any terms or other similar events a.th the Municipal Securities or service) unless such rw and redaction to the :,or federal securities h any continuing ;,files may be executed in any number et as if the signatures thereto and ent and any Lease Schedules it couiYlfpart. 12.14, Electrof#i gnature r ' he parties, a that the electronic signature of a party to this Agreement and any Lease n dine € JI be as val 4 an original signature of such party and shall be effective to bin , puch part k . i i t at and s't ;. Lease Schedule(s). The parties agree that any electronic ' 0,. went ' t ittlmg this greemeYk nd any Lease Schedule) shall be deemed (i) to be "w ? ,; ; `'a "in w th " {ii)`'Y lave been - ; and (iii) to constitute a record established and tnaWar in the ordinary t dtt se of 1 mess and art'original written record when printed from electronic files. Suuh' - , er copies or `' p p.,j ;I:,. , '�l t,#i troduoed as evidence in any judicial, arbitral, mediation or administratWV "y';teeeding, will be imissibl ; , ibetween the parties to the same extent and under the same conditions as oth; iiginal busin records created and maintained in documentary form. Neither party shall contest the adifavgibility of tr. .nd accurate copies of electronically signed documents on the basis of the best evidence rii ei ; as not s tf tying the business records exception to the hearsay rule. For purposes hereof, "electronic si - na ', e' °E fls a manuallysigned original si nature that is then transmitted g �..:. � gg by electronic means; "transmit electronic means" means sent in the form of a facsimile or sent via the Internet as a "pdf ' (portable document format) or other replicating image attached to an e mail message; and, "electronically signed document" means a document transmitted by electronic means and containing, or to which there is affixed, an electronic signature. [The remainder of this page is intentionally blank. Signature page follows.] 12 85 of 162 IN WITNESS WHEREOF, Lessor has caused this Agreement to be executed in its corporate name by its duly authorized officer, and Lessee has caused this Agreement to be executed in its name by its duly authorized officer. Lessee BCICAPITAI,, INC. Lessor By: Name: Name: Title: Title: Address: Address: 390 N. Orange Ave., Suite 2600 Orlando, FL 32801 Attention: Attn: Michael Powers Senior Vice President Telephone: 1-rnall address: Telephone: (4I0) 458-5747 E-mail address: mike.powers@beicmg.com [Signature Page to Master Lease Purchase Agreement) 86 of 162 EXHIBIT A LEASE SCHEDULE NO. _ to Master Lease Purchase Agreement Dated [DATE] This Lease Schedule (this "Lease Schedule") relates to the Master Lease Purchase Agreement dated as of [DATE] (the "Agreement") between the undersigned Lessor and Lessee, together with the terms and conditions of the Agreement incorporated herein by reference, constitut .. a Lease. Unless otherwise defined herein, capitalized terms will have the same meaning ascribed t jifi in the Agreement. All terms and conditions of the Agreement are incorporated herein by referencq;, 1. E q iipnlent Description. As used in the Lease, "Equipment" mean*, Exhibit 1 attached to this Lease Schedule and all attachments, additlo improvements, replacements and substitutions therel ` 2. P. tehase...Price. The Purchase Price for the in the Escrow Fund established pursue% among Lessor, Lessee and City National 3, entail ments; Lease Term. Date of this Lease and the Lease re to this Lease Schedule as Exhibit 2. 4. ] isential Use; Curren' essential to Lessee's' r pea' provides to its citizens, (f its govern n tal or propriett will not bti:: a trade o Equipment igIttt; present need a +s foz°' tq pure, Lease ;;eurre r<ft Lease, property described in ccessions, parts, repairs, which anion it1 be deposited Agreement dated as of [DATE] as es(r!_age ti be paid by. sSee to Lessor, the Lease Set forth on the Payment Schedule attached t of Less.Lesxepresenthat (a) the use of the Equipment is icient ate econyie functioning or to the services that Lessee Yy 1. went Mil be used,;;by Lessee only for the purpose of performing ndfattcatistent with the permissible scope of its authority and rg.sineseatOky person or entity, and (c) the useful life of the pn the scat „ ull Lease Term of this Lease. Lessee has determined that a uipmetl? Inch need is not temporary or expected to diminish in the ands fo The full Lease Term: to use the Equipment; and to continue S. Cations Waif"'' ies and Covenants. Lessee hereby represents, warrants and covenants that war,ties and covenants set forth in the Agreement �ts`�'���'��i�iifs�`��xg cement are true and correct as though made on the t ate='ol' execution of this Lease Schedule. 6. Batti Qualified, see certifies that it has designated this Lease as a qualified tax-exempt obligation in'iztifldance with Section 265(b)(3) of the Code, that it has not designated more than $10,000,000 of its obligations as qualified tax-exempt obligations in accordance with such Section for the current calendar year and that it reasonably anticipates that the total amount of tax-exempt obligations to be issued by Lessee during the current calendar year will not exceed $10,000,000. 87 of 162 IN WITNESS WHEREOF, Lessor has caused this Lease Schedule to be executed in its corporate name by its dilly authorized officer, and Lessee has caused this Lease Schedule to be executed in its name by its duly authorized officer. Lessee By: Name: Title: BCICAPITAL, INC. Lessor By: Name: Title: Address: Addr* 390 N. Orange ye., Suite 2600 • .••:.. ....,-..... Attention: Orlando, FL 32.. n: Michael Po Senior Vice ent Telephone: Email address: • Telephein (410) ail ess: mk boiemg.coni 88 of 162 Exhibit 1 Equipment Description [Describe Equipment and Purchase Location of Equipment: 89 of 162 Exhibit 2 Payment Schedule Annual Rate: Pnytnent Mita Payment Amount Enterem Principal BEIlanco Prepayment Antotiat Kinoling Date] $ pug DAtcl $ $ $ $ fthw Datol $ $ $ $ _ puo Dm] $ $ $ $$ TOTALS; $ $ $ $ 90 of 162 Form of ACCEPTANCE CERTIFICATE BeiCapital, Inc, 390 N. Orange Ave., Suite 2600 Orlando, FL 32801 EXHIBIT B Re: Lease Schedule No._ dated [DATE] (the "Lease Sche,,, ") to that certain Master Lease Purchase Agreement dated as of [Date] (the "Agree tti <<t" and tQðer with the Lease Schedule, -"Lease") between BciCapital, Inc., as Les1411' as Lessee Ladies and Geatloirten: I$ the undersigned, hereby certify that I a ni: i ' cluly'i lified ;sting officer a •f essee identified below and, with respect to the above -referenced' : ,se Schell` that: 1, The Equipment subject installed, is hi good working order and is before the date hereof. 2, Attached her ,;ltrue and c the Equipment, 3. Les ,.has approp sufficient to pay allry1Paymen Lessee, Such tnoneyg<C ill be ?;plie current fiscal year, and the Ld e. has been delivered and tcl has been fully accepted by Lessee on or 4)5 of theinufacturers' and dealers' invoices for ) other lawful actions necessary to provide moneys is ',lied to`'r under the Lease during the current fiscal year of d in p :t ent of aIi''Such Rental Payments due and payable duringsuch No event' ,cps7ltlon`'`tlonstitutes, or with notice or lapse of time, or both, would constitt an Event of Defa4 (s defined in the Lease) exists at the date Lessee By: Name: Title: 91 of 162 ESCROW AGREEMENT This Escrow Agreement (this "Agreement"), dated as of , 2018, by and among BciCapital, Inc. (and any successors and permitted assigns "Lessor"), , a body corporate and politic and a political subdivision existing under the laws of the State of ("Lessee"), and City National Bank of Florida, in its capacity as escrow agent hereunder ("Escrow Agent"). Reference is made to that certain Lease Schedule No. 1 dated , 2018 to that certain Master Leaser Purchase Agreement dated as of , 2018, each between Lessor and Lessee (hereinafter collectively referred to as the "Lease"), covering the acquisition and lease of certain Equipment described therein (the ""quipment"). It is a requirement of the Lease that the Pureh e Price ($ ) be deposited into a segregated escrow account under terms satisfactory,t Y ?) ;'essor, for the purpose of fully funding the Lease, and providing a mechanism for the application of :i amounts to the purchase of and payment for the Equipment. NOW, THEREFORE, in consideration of the mutua, p omises contahiM erein and other good and valuable consideration, the receipt and sufficiency of which `' ;;5liereby acknot;ged, the ,pities hereto agree as follows: 1. Creation of Escrow Account. ac purposes stated herein, for the benefit d accordance with the terms hereof. (b) The otherwise agreed upon between (a) There is hereby,create' ;;.>.an crow fun t'v;,xi` `he known as the Escrow Account scrotr ; r qp it") to be held 1 y`''the Escrow Agent for the ee, to be held, disbursed and returned in ds in a demand deposit account or as (e) ; ;y> Unless the # tiv A` ►t z earlier terminated in accordance with the provisions of paragraph (d) bet „, c ;ants in the i o Accost ,, ha11 be disbursed by the Escrow Agent in payment of amounts described 111: ei ti ?• hereof if receipt of written instruction(s) from Lessor, as is more fully described ii1.,,Section 2 fk :0of ff` he mounts-0,sloe Escrow Account are insufficient to pay such amounts, Lessee :s 'deposit ini' #;the la ( count any funds needed to complete the acquisition of the Equipii : it; Any moneys 5tcnTaii ng in � 0 Escrow Account on or after the earlier of (i) , 201_ (" `feiin *ion late") and (ii)r) `date on which Lessee executes an Acceptance Certificate shall be applied as provi a...5u (d) T ii sci'tiw Account shall be terminated at the earliest of (i) the final distribution of amounts in the Escrow A ount or (ii) written notice given by Lessor of the occurrence of a default or termination of the Leaser 4 to to non -appropriation. (e) The Escrow Agent may act in reliance upon any writing or instrument or signature which it, in good faith, believes to be genuine and may assume the validity and accuracy of any statement or assertion contained in such a writing or instrument. The Escrow Agent shall not be liable in any manner for the sufficiency or correctness as to form, manner of execution, or validity of any instrument nor as to the identity, authority, or right of any person executing the same; and its duties hereunder shall be limited to the receipt of' such moneys, instruments or other documents received by it as the Escrow Agent, and for the disposition of the same in accordance herewith. In the event conflicting instructions as to the disposition of all or any portion of the Escrow Account are at any time given by Lessor and Lessee, the Escrow Agent shall abide by the instructions or entitlement orders given by Lessor without consent of the Lessee. 92 of 162 (� Unless the Escrow Agent is guilty of gross negligence or willful misconduct with regard to its duties hereunder, Lessee agrees to and does hereby release and indemnify the Escrow Agent and hold it harmless from any and all claims, liabilities, losses, actions, suits or proceedings at law or in equity, or any other expense, fees or charges of any character or nature, which it may incur or with which it may be threatened by reason of its acting as Escrow Agent under this agreement; and in connection therewith, does to the extent permitted by Iaw indemnify the Escrow Agent against any and all expenses; including reasonable attorneys' fees and the cost of defending any action, suit or proceeding or resisting any claim, (g) If Lessee and Lessor shall be in disagreement about the interpretation of the Lease, or about the rights and obligations, or the propriety of any action contemplated by the Escrow Agent hereunder, the Escrow Agent may, but shall not be required to, file an appropriate civil action including an interpleader action to resolve the disagreement. The Escrow Agent shall be reimbursed by Lessee for all costs in connection with such civil action, and shall be fully protected in suspending all or part of its activities under the Lease until a final judgment in such action is received. (h) The Escrow Agent may consult with counsel of its own choice and shall have full and complete authorization and protection with the opinion of such counsel. Lessee shall reimburse the Escrow Agent for all such reasonable costs and expenses. The Escrow Agent shall otherwise not be liable for any mistakes of fact or errors of judgment, or for any acts or omissions of any kind unless caused by its willful misconduct. (i) Lessee shall reimburse the Escrow Agent for all reasonable costs and expenses, including those of the Escrow Agent's attorneys, agents and employees incurred for non -routine administration of the Escrow Account and the performance of the Escrow Agent's powers and duties hereunder in connection with any Event of Default under the Lease, or in connection with any dispute between Lessor and Lessee concerning the Escrow Account. (j) The Escrow Agent or any successor may at any time resign by giving mailed notice to Lessee and Lessor of its intention to resign and of the proposed date of resignation (the "Effective Date"), which shall be a date not less than 60 days after such notice is delivered to an express carrier, charges prepaid, unless an earlier resignation date and the appointment of a successor shall have been approved by the Lessee and Lessor. After the Effective Date, the Escrow Agent shall be under no further obligation except to hold the Escrow Account in accordance with the terms of this Agreement, pending receipt of written instructions from Lessor regarding further disposition of the Escrow Account. (k) The Escrow Agent shall have no responsibilities, obligations or duties other than those expressly set forth in this Agreement and no implied duties responsibilities or obligations shall be read into this Agreement. 2. Acquisition of Equipment. (a) Acquisition Contracts. Lessee will arrange for, supervise and provide for, or cause to be supervised and provided for, the acquisition of the Equipment, with moneys available in the Escrow Account, Lessee represents the estimated costs of the Equipment are within the funds estimated to be available therefor, and Lessor makes no warranty or representation with respect thereto. Lessor shall have no liability under any of the acquisition or construction contracts. Lessee shall obtain all necessary permits and approvals, if any, for the acquisition, equipping and installation of the Equipment, and the operation and maintenance thereof. Escrow Agent shall have no duty to monitor or enforce Lessee's compliance with the foregoing covenant. 2 93 of 162 (b) Authorized Escrow Account Disbursements. It is agreed as between Lessee and Lessor that Disbursements from the Escrow Account shall be made for the purpose of paying (including the reimbursement to Lessee for advances from its own funds to accomplish the purposes hereinafter described) the cost of acquiring the Equipment. (c) Requisition Procedure. No disbursement from the Escrow Account shall be made unless and until Lessor has approved such requisition. Prior to disbursement from the Escrow Account there shall be filed with the Escrow Agent a requisition for such payment in the form of Disbursement Request attached hereto as Schedule I, stating each amount to be paid and the name of the person, firm or corporation to whom payment thereof is due and the manner of disbursement (check or wire), Each such requisition shall be signed by an authorized representative of Lessee (an "Authorized Representative") and by Lessor, and shall be subject to the following conditions, which Escrow Agent shall conclusively presume have been satisfied at such time as a requisition executed by Lessee and Lessor Is delivered to it: I, Delivery to Lessor of an executed Disbursement Request in the form attached hereto as Schedule I; and 2. Delivery to Lessor true and correct copies of invoices (and proofs of payment of such invoices, if Lessee seeks reimbursement) and bills of sale (if title to such Equipment has passed to Lessee) therefor as required by Section 1.3 of the Lease and any additional documentation reasonably requested by Lessor. WHO and Lessor agree that their execution of the form attached hereto as Schedule I and delivery of the executed form to Escrow Agent confirms that all of the requirements and conditions with respect to disbursements set forth in this Section 2 have been satisfied. 3. Deposit to Escrow Account. Upon satisfaction of the conditions specified in Section 1.3 of the Lease, Lessor will cause the Purchase Price to be deposited in the Escrow Account. Lessee agrees to pay any costs with respect to the Equipment in excess of amounts available therefor in the Escrow Account. 4. Excessive Escrow Account. Lessor shall provide Escrow Agent written instructions and a representation that one of the following conditions has been satisfied, (upon which representation Escrow Agent shall conclusively rely,) (a) the Termination Date; or (b) the date on which Lessee executes an Acceptance Certificate; or (c) upon a termination of the Escrow Account as otherwise provided herein. Upon receipt of suoh written instructions, any funds remaining in the Escrow Agreement shall be distributed by the Escrow Agent first, ten percent (10%) of the funds then remaining in the Escrow Account shall be disbursed to the Escrow Agent as its escrow agent fees ("Fees") and second, the remaining balance after deducting the Pees shall be disbursed to the Lessor and Lessor shall apply such funds to amounts owed by Lessee under the Lease. 5, Security Interest. The Escrow Agent and Lessee acknowledge and agree that the Escrow Account and all proceeds thereof are being held by Escrow Agent for disbursement or return as set forth herein. Lessee hereby grants to Lessor a first priority perfected security interest in the Escrow Account, and all proceeds thereof. 6. Control of Escrow Account. In order to perfect Lessor's security interest by means of conttroI in (1) the Escrow Account established hereunder, (ii) all funds now or hereafter credited to the Escrow Account, (iii) all of Lessee's rights in respect of the Escrow Account, and (iv) all products, proceeds 3 94 of 162 and revenues of and from any of the foregoing personal property (collectively, the "Collateral"), Lessor, Lessee and Escrow Agent further agree as follows: (a) All terms used in this Section 6 which are defined in the Commercial Code of the State of Florida ("Commercial Code") but are not otherwise defined herein shall have the meanings assigned to such terms in the Commercial Code, as in effect on the date of this Agreement. (b) Escrow Agent will comply with all entitlement orders originated by Lessor with respect to the Collateral, or any portion of the Collateral, without further consent by Lessee. (c) Provided that account investments shall be held in the name of the Escrow Agent, Escrow Agent hereby represents and warrants (a) that the records of Escrow Agent show that Lessee is the sole owner Of the Collateral, (b) that Escrow Agent has not been served with any notice of levy or received any notice of any security interest in or other claim to the Collateral, or any portion of the Collateral, other than Lessor's claim pursuant to this Agreement, and (c) that Escrow Agent is not presently obligated to accept any entitlement order from any person with respect to the Collateral, except for entitlement orders that Escrow Agent is obligated to accept from Lessor under this Agreement and entitlement orders that Escrow Agent, subject to the provisions of paragraph (e) below, is obligated to accept from Lessee. (d) Without the prior written consent of Lessor, Escrow Agent will not enter into any agreement by which Escrow Agent agrees to comply with any entitlement order of any person other than Lessor or, subject to the provisions of paragraph (e) below, Lessee, with respect to any portion or all of the Collateral. Escrow Agent shall promptly notify Lessor if any person requests Escrow Agent to enter into any such agreement or otherwise asserts or seeks to assert a lien, encumbrance or adverse claim against any portion or all of the Collateral. (e) Except as otherwise provided in this paragraph (e) and subject to Section 1(b) hereof, Lessee may affect the form of deposit account for the Collateral within the Escrow Account, but will not, without the prior written consent of Lessor, withdraw any Collateral from the Escrow Account. Escrow Agent acknowledges that Lessor reserves the right, by delivery of written notice to Escrow Agent, to prohibit Lessee from effecting any withdrawals (including interest income), transfers or exchanges of any Collateral held in the Escrow Account. Further, Escrow Agent hereby agrees to comply with any and all written instructions delivered by Lessor to Escrow Agent (once it has had a reasonable opportunity to comply therewith) and has no obligation to, and will not, investigate the reason for any action taken by Lessor, the amount of any obligations of Lessee to Lessor, the validity of any of Lessor's claims against or agreements with Lessee, the existence of any defaults under such agreements, or any other matter. (f) Lessee hereby irrevocably authorizes Escrow Agent to comply with all instructions and entitlement orders delivered by Lessor to Escrow Agent. (g) Escrow Agent will not attempt to assert control, and does not claim and will not accept any security or other interest in, any part of the Collateral, and Escrow Agent will not exercise, enforce or attempt to enforce any right of setoff against the Collateral, or otherwise charge or deduct from the Collateral any amount whatsoever. (h) Escrow Agent and Lessee hereby agree that any property held in the .Escrow Account shall be treated as a financial asset under such section of the Commercial Code as corresponds with Section 8.102 of the Uniform Commercial Code, notwithstanding any contrary provision of any other agreement to which Escrow Agent may be a party. 4 95 of 162 (i) Escrow Agent is hereby authorized and instructed, and hereby agrees, to send to Lessor at its address set forth in Section 8 below, concurrently with the sending thereof to Lessee, duplicate copies of any and all monthly Escrow Account statements or reports issued or sent to Lessee with respect to the Escrow Account. 7. Information Required Under USA PATRIOT ACT. The parties acknowledge that in order to help the United States government fight the funding of terrorism and money laundering activities, pursuant to Federal regulations that became effective on October 1, 2003 (Section 326 of the USA PATRIOT Act) all financial institutions are required to obtain, verify, record and update information that identifies each person establishing a relationship or opening an account. The parties to this Agreement agree that they will provide to the Escrow Agent such information as it may request, from time to time, in order for the Escrow Agent to satisfy the requirements of the USA PATRIOT Act, including but not limited to the name, address, tax identification number and other information that will allow it to identify the individual or entity who is establishing the relationship or opening the account and may also ask for formation documents such as articles of incorporation or other identifying documents to be provided. 8. Miscellaneous. Capitalized terms not otherwise defined herein shall have the meanings assigned to them in the Lease. This agreement may not be amended except in writing signed by all parties hereto. This agreement may be executed in one or more counterparts, each of which shall be deemed to be an original instrument and each shall have the force and effect of an original and all of which together constitute, and shall be deemed to constitute, one and the same instrument. Notices hereunder shall be made in writing and shall be deemed to have been duly given when personally delivered or when deposited in the mail, first class postage prepaid, or delivered to an express carrier, charges prepaid, or sent by facsimile with electronic confirmation, addressed to each party at its address below. Notices and other communications hereunder may be delivered or furnished by electronic mail; provided that any formal notice be attached to an email message in PDF format; and provided further that any notice or other communication sent to an e-mail address shall be deemed received upon and only upon the sender's receipt of affirmative acknowledgement or receipt from the intended recipient. For purposes hereof no acknowledgement of receipt generated on an automated basis shall be deemed sufficient for any purpose hereunder or admissible as evidence of receipt. If to Lessor: If to Lessee: BciCapital, Inc. 390 N. Orange Ave., Suite 2600 Orlando, FL 32801 Attention: Michael Powers Attention: If to Escrow Agent: City National Bank of Florida 25 West Flagler Street Miami, FL 33130 Attention: Account Services 5 96 of 162 9, This Agreement shall be governed by and construed in accordance with the laws of the State of - 10. Any bank or corporation into which the Escrow Agent may be merged or with which it may be consolidated, or any bank or corporation to whom the Escrow Agent may transfer a substantial amount of its escrow business, shall be the successor to the Escrow Agent without the execution or filing of any paper or any further act on the part of any of the parties, anything herein to the contrary notwithstanding. Any bank or corporation into which the Lessor may be merged or with which it may be consolidated, or any bank or corporation to whom the Lessor may transfer a substantial amount of its business, shall be the successor to the Lessor without the execution or filing of any paper or any further act on the part of any of the parties, anything herein to the contrary notwithstanding. 1 l., This Agreement may be amended, modified, and/or supplemented only by an instrument in writing executed by all parties hereto. [Signature Page hollows] 6 97 of 162 IN WITNESS WHEREOF, the parties have executed this Escrow Agreement as of the date first above written. BC.ICAPITAL, INC. as Lessor as Lessee By: By: Name: Name: Title: Title: CITY NATIONAL BANK OF FLORIDA as Escrow Agent Title: [Signature Page to Escrow Agreement] 98 of 162 SCHEDULE I to the Escrow Agreement FORM OF DISBURSEMENT REQUEST Re: Lease Schedule No._ dated [DATE] to that certain Master Lease Purchase Agreement dated as of [DATE], each between Lessor and Lessee (hereinafter collectively referred to as the "Lease") (Capitalized terms not otherwise defined herein shall have the meanings assigned to them in the Lease.) in accordance with the terms of the Escrow Agreement,,•,d as of [DATE] (the "Escrow Amine) nf') by and among BciCapital, Inc., as lessor (and its successdi' nd permitted assigns, "Lessor"), [LESSEE] ('`Lessee") and City National Bank of Florida, as escrow dlt escrow Agent"), the undersigned hereby requests the Escrow Agent pay the following persons thYwing amounts from the Escrow ACCOunt created under the Escrow Agreement for tht; flowing purpos Payee's Name and Address (if disbursement via wire, must include wire transfer instructions) tfHNlAY� Invoice Nuirl;>> .•:.5.`f:' :: r,:' •: .l'S- Y:hj •<: ;,;.. llar Aint ,;:;:':'.. 1:'.::Y�•�nl�.f:::� ° r;_Ru'rpose ;;;:;. •.• i:•i. i7.4 '.. (a) Each'''', stated t1 ount, (b) the sa Equiptritxidentified in the L reimburs .._. iti the foregoing table has been incurred by Lessee in the propeettarge against the Escrow Account for costs relating to the e, and (c) has not been paid (or has been paid by Lessee and Lessee requests (II) Each item Equ fpment relating to an obligation specified in the foregoing table has been delivered, installed and awiled by Lessee. Attached hereto is a true and correct copy of the invoice with respect to such oblig$ (iii) The undersigned, as authorized representative of Lessee, has no notice of any vendor's, mechanic's or tither liens or rights to liens, chattel mortgages, conditional sales contracts or security interest which should be satisfied or discharged before such payment is made. (iv) This requisition contains no item representing payment on account, or any retained percentages which Lessee is, at the date hereof, entitled to retain (except to the extent such amounts represent a reimbursement to Lessee). (v) The Equipment is insured in accordance with the Lease. 99 of 162 (vi) No Event of Default, and no event which with notice or lapse of time, or both, would become an went of Default, under the Lease has occurred and is continuing at the date hereof. (vii) The representations, warranties and covenants of Lessee set forth in the Lease are true and correct as of the date hereof, (vii) No material adverse change has occurred since the date of the execution and delivery of the Lease. Dated: [LESSEE] By: Name: Title: Disbursement of funds from the Escrow Account in accordance with the foregoing Disbursement Request hereby is authorized DCICAPITAL, INC. as Lessor tender the Lease I y: Name: Title: Schedule .I- Page 2 100 of 162 PAY PROCEEDS LETTER ,2018 BciCapital, Inc, 390 N. Orange Ave,, Suite 2600 Orlando, FL 32801 Ladies and Gentlemen: The undersigned, an authorized officer of the [LESSEE]{"Lessee"), hereby authorizes BciCapital, Inc. (".Lessor") to pay the proceeds of the financial accommodations provided to Lessee by Lessor evidenced by that certain Master Lease Purchase Agreement, dated as of 11 , 2018 and the related Lease Schedule No. 1 dated , 2018, between Lessor and Lessee, to the following account of Lessee: &count : Amount of Deposit [City National Bank of Florida] Account [LESSEE] By: Name: Title: 101 of 162 TAX CERTIFICAT, This Tax Certificate (this "Certificate") is executed and delivered as of , 2018 (the "Lease Date") by the [LESSEE] ("Lessee") in connection with that certain Master Lease Purchase Agreement dated as of,. , 2018 (the "Agreement") by and between Lessee and BeiCapital, Inc. ("Lessor") and Lease Schedule No. dated as of , 2018, between Lessee and Lessor (the "Lease Schedules," and together with the Agreement, the "Lease"). The terms capitalized herein but not defined herein shall have the meanings assigned to them in the Lease. Section 1. ,Iei,+(eneral, 1.1, This Certificate is executed for the purpose of establis Lessee as to future events regarding the financing of certain equipm ' by Lessor and leased to Lessee pursuant to and in accordance with the Lessor shall apply $ (the "Principal Amount") to Equipment and Lessee shall make Rental Payments under threrms and cond 1.2. The individual executing this CertifQgte on delegated with the responsibility of reviewing and, ll official action of Lessee adopted with respect too, 1,3, The Lease is being enter J,1;nto for of acquiring, equipping and installing thOYlpment v Lessee, which Equipment is described in th;l5chedu. on the date hereof. e reasonable expectations of he "Equipment") to be acquired se. As,,escribed in the Lease, ,v acquisition of the as set forth in the Lease. if of Lessee `i` Q et of Lessee it., pursuant to tH }?ii €t''lution or other eb has been, delivered toLessor. ;fit{?';:.. . .• .try; of providtn_%ir s for financing the cost ssential to thi °'overnrnental functions of he Principal Amount will be paid to Lessee 1,4, Lessee will d; 0: a,nd time Y 1-i1e f` ch pay 'lent schedule issued under the Lease a Form 8038 relating to such t :gg " e Inteml ReVet tie Service in accordance with Section 149(e) of the Internal Revenue Code of 1' ,.,... Section 2. No ''' n 'a¢ sgryse erti Y.t The Rental Pay 'k v 't general, e'¢: Tit fig fund (o ayi ace, 15 fund of• a (cunt will be ere or pled as security thet c toi 2.2, " :;,<.,l4ere ii deemed to be (i) issued or' pursuant to a common pl of funds as, or deem of funds as, the Lease. tR). e "Cod'e�' ue urithe Lease will be made with monies retained in Lessee's 1baccount therein). No sinking, debt service, reserve or similar ainta#1'dr"for the payment of the Rental Payments due under the Lease ei't end will be issued no obligations by or on behalf of Lessee that would be within fifteen (15) days before or after the Lease Date, (ii) issued or sold financing with the Lease and (iii) paid out of substantially the same source e substantially the same claim to be paid out of substantially the same source 2,3. Other than the Principal Amount, Lessee does not and will not have on hand any funds that are or will be restricted, segregated, legally required or otherwise intended to be used, directly or indirectly, as a substitute, replacement or separate source of financing for the Equipment. 2.4, No portion of the Principal Amount is being used by Lessee to acquire investments which produce a yield materially higher than the yield realized by Lessor from Rental Payments received under the Lease, As used in this certificate, the term "yield" means yield computed by the actuarial method using a 36Owday year and semi-annual compounding, resulting in a discount rate which, when used in computing 102 of 162 the present worth of all payments of principal and interest to be paid on an obligation, produces an amount equal to the issue price, fair market value, present value or purchase price thereof, as applicable, and is determined in all respects in accordance with Section 148 of the Code. 2.5. The Principal Amount does not exceed the amount necessary for the governmental purpose for which the Lease was entered into. Such funds are expected to be needed and fully expended for payment of the costs of acquiring, equipping and installing the Equipment. 2.6. Lessee does not expect to convey, sublease or otherwise dispose of the Equipment, in whole Of in part, at a date which is earlier than the final Payment Date under the Lease. Section 3. )isbursement of Funds: Reimbursement to Lessee. 3,1. It is contemplated that the entire Principal Amount will be used to pay the acquisition cost of Equipment to the vendors or manufacturers thereof, provided that, if applicable, a portion of the Principal Amount may be used by Lessee as reimbursement for acquisition cost payments already made by it so long as the conditions set forth in Section 3.2 below are satisfied. 3.2. Lessee shall not use any portion of the principal amount in order to be reimbursed for Equipment acquisition cost payments already made by it unless each of the following conditions have been satisfied: (a) Lessee adopted a resolution or otherwise declared its official intent in accordance with Treasury Regulation § 1.150-2 (the "Declaration of Official Intent"), wherein Lessee expressed its intent to be reimbursed from the proceeds of a borrowing for all or a portion of the oost of the Equipment, which expenditure was paid to the Vendor not earlier than sixty (60) days before Lessee adopted the Declaration of Official Intent; (b) The reimbursement being requested will be made by a written allocation before the later of eighteen (18) months after the expenditure was paid or eighteen (18) months after the items of Equipment to which such payment relates were placed in service; (e) The entire payment with respect to which reimbursement is being sought is a capital expenditure, being a cost of a type properly chargeable to a capital account under general federal income tax principles; and (d) Lessee will use any reimbursement payment for general operating expenses and not In a manner which could be construed as an artifice or device under Treasury Regulation § 1.,148.10 to avoid, in whole or in part, arbitrage yield restrictions or arbitrage rebate requirements. Section 4. fltte..and investment of Funds: Temporary Period. 4,1, Lessee has incurred or will incur, within six (6) months from the Lease Date, binding obligations to pay an amount equal to at least five percent (5%) of the Principal Amount toward the costs of the Equipment, An obligation is not binding if it is subject to contingencies within Lessee's control. The ordering and acceptance of the items of Equipment will proceed with due diligence to the date of final acceptance of the Equipment. 4,2. .An amount equal to at least eighty-five percent (85%) of the Principal Amount will be expended to pay the cost of the Equipment by the end of the three-year period commencing on the Lease Date. No portion of the Principal Amount will be used to acquire investments that do not carry out the 2 103 of 162 governmental purpose of the Lease and that have a substantially guaranteed yield in excess of the yield on the Lease. 4.3. (a) Lessee covenants and agrees that it will rebate an amount equal to excess earnings on the Principal Amount to the Internal Revenue Service if required by, and in accordance with, Section 148(f) of the Code, and make the annual determinations and maintain the records required by and otherwise comply with the regulations applicable thereto. Lessee reasonably expects to cause the Equipment to be acquired by no later than 18 months from the Lease Date. (b) Lessee will provide evidence to Lessor that the rebate amount has been calculated and paid to the Internal Revenue Service in accordance with Section 148(f) of the Code unless: (i) the entire Principal Amount is expended on the Equipment by the date that is the six-month anniversary of the Lease Date or (ii) the Principal Amount is expended on the Equipment in accordance with the following schedule: At least fifteen percent (15%) of the Principal Amount and interest earnings thereon will be applied to the cost of the Equipment within six months from the Lease Date; at least sixty percent (60%) of the Principal Amount and interest earnings thereon will be applied to the cost of the Equipment within 12 months from the Lease Date; and one hundred percent (100%) of the Principal Amount and interest earnings thereon will be applied to the cost of the Equipment by no later than 18 months from the actual Lease Date, Section S. Ai:n..Private Use: No Consumer Loan. 5,1. Lessee will not exceed the private use restrictions set forth in Section 141 of the Code. Specifically, Lessee will not permit more than 10% of the Principal Amount to be used for a Private Business Use (as defined herein) if, in addition, the payment of more than ten percent (10%) of the Principal Amount plus interest earned thereon is, directly or indirectly, secured by (i) any interest in property used or to be used for a Private Business Use or (ii) any interest payments in respect of such property or derived from any payment in respect of property or borrowed money used or to be used for a Private Business Use. In addition, if both (A) more than five percent (5%) of the Principal Amount is used as described above with respect to Private Business Use and (B) more than five percent (5%) of the Principal Amount plus interest earned thereon is secured by Private Business Use property or payments as described above, then the excess over such five percent (5%) (the "Excess Private Use Portion") will be used for a Private Business Use related to the governmental use of the Equipment. Any such Excess Private Use Portion of the Principal Amount will not exceed the portion of the Principal Amount used for the governmental use of the particular project to which such Excess .Private Use Portion is related. For purposes of this paragraph 5.1, "Private Business Use" means use of bond proceeds or bond financed -property directly or indirectly in a trade or business carried on by a natural person or in any activity carried on by a person other than a natural person, excluding, however, use by a state or local governmental unit and excluding use as a member of the general public. 5.2. No part of the Principal Amount or interest earned thereon will be used, directly or indirectly, to make or finance any loans to non -governmental entities or to any governmental agencies other than Lessee. Section 6. hist,Federal Guarantee. 6.1 a Payment of the principal or interest due under the Lease is not directly or indirectly guaranteed, in whole or in part, by the United States or an agency or instrumentality thereof. 6.2. No portion of the Principal Amount or interest earned thereon shall be (i) used in making loans the payment of principal or interest of which are to be guaranteed, in whole or in part, by the United 3 104 of 162 States or any agency or instrumentality thereof, or (ii) invested, directly or indirectly, in federally insured deposits or 4000tints if such investment would cause the financing under the Lease to be "federally guaranteed" within the meaning of Section 149(b) of the Code. Section 7. post -Issuance Compliance. 7.1 In the event an action takes place (or is anticipated to take place) that will cause the Equipment not to be used for qualified uses under Section 141 of the Code, Lessee will consult with bond counsel as soon as practicable about taking remedial action as described in Treasury Regulation Section 1.141.12. Lessee will take all actions necessary to ensure that the "nonqualified bonds" (as defined in Treasury Regulation Section 1.141-12) are properly remediated in accordance with the requirements of the Treasury Regulations. Lessee is familiar with the Internal Revenue Service's Voluntary Compliance Agreement Program pursuant to which issuers of tax-exempt debt may voluntarily resolve violations of the Code and applicable Treasury Regulations on behalf of the holders of such debt or themselves through closing agreements with the Internal Revenue Service. 7.2. Lessee will actively monitor the requirements of the Code and the Treasury Regulations (a) set forth in this certificate and confirm that such requirements are met no less than once per year; (h) related to the allocation and accounting of proceeds to capital projects and will maintain a list that specifies the allocation of proceeds of the Lease to the costs of the Equipment; and (c) related to arbitrage limitations, including yield restriction, rebate requirements and the investment of gross proceeds of the Lease. The office within Lessee that is currently responsible for such monitoring is the finance department. Section S. ,Miscellaneous. 8.1. Lessee shall keep a complete and accurate record of all owners or assignees of the Lease in form and substance satisfactory to comply with the registration requirements of Section 149(a) of the Code unless Lessor or its assignee agrees to act as Lessee's agent for such purpose. 8.. Lessee shall maintain complete and accurate records establishing the expenditure of the Principal Amount and interest earnings thereon for a period of five (5) years after payment in full under the Lease. 8. L To the best of the undersigned's knowledge, information and belief, the above expectations are reasonable and there are no other facts, estimates or circumstances that would materially change the expectations expressed herein. [Signature Page Follows] 4 105 of 162 IN WITNESS WHEREOF, this Tax Certificate has been executed on behalf of Lessee as of the Lease Date. [LESSEE] Lessee By: Print Name: Title: [Signature Page to Tar: Certificate] 106 of 162 INCUMBENCY CERTIFICATE The undersigned, the duly [elected][appointed] and acting [Secretary] [City Clerk] [County Clerk] of . ("Lessee") certifies as follows: l , The individuals identified below are the duly elected or appointed officers of Lessee holding the offices set forth opposite their respective names. 2, The individuals identified below have the authority on>?tif of Lessee to enter into that certain Master Lease Purchase Agreement dated as of [DATE] between ? entity and BCICAPITAL, INC. N Title sx;.; y.,,; •:�,,.,:.: <•Y:Y> ' rgnature IN WITNESS WITEREOF, I this certificate as of this day of Name: Title: [Board or Town Clerk] 107 of 162 [Letterhead of Counsel to Lessee] [Closing Date] BciCapital, Inc. 390 N. Orange Ave., Suite 2600 Orlando, Florida 32801 Re: Lease Schedule No. , dated Purchase Agreement, dated as of `2'y , between BciCapital, Inc., as Lessor, and [Lessee], as Lessee Ladies and Gentlemen: [I][We] have acted as counsel to [Lessee] transaction. In such capacity, [I][We] have reviewe Purchase Agreement, dated as of Inc. ("Lessor") and Lessee and an executed (the "Lease Seh xle'), b things, provides for the lease of certain pro Escrow Agreement dated City National Bank of Florida, as escrow ag h (ll execut , to Master Lease ::connection wi ll` `.<.' Iie I s Ye -referenced •" " unterpart of all., +t thi Master Lease ") , by a,u 4 beiween BciCapital, ease: ►edpi'lo. , dated Lessor an ee, which, among other e Schedule (theEquipment") and a certain Agreement"),among Lessor, Lessee, and unterpart of the ordinances or resolutions of Lessee which, among others ,hn s, authorize` psse ' rexecutds :Agreement and the Leas Schedule and (c) such other opinions, docu f * pd mattersxa, law 'if 1,]lave d fined necessary in connection with the following opinions. The Lease fie ltitl d.the t rms an visions of the Agreement incorporated therein by reference together with the Reri i ? ymeittS tet toe attached to the Lease Schedule are herein referred to collectively as the ";` se", and the se and j prow Agreement are referred to collectively as the "Transaction Docume t ]%firms capital l in this "o ] ion but not defined herein shall have the meanings assigned to them in thasi ed upon 0,0 oing, it is [my][our] opinion that: Section operatics Lessee iS.., lit < tii11t ? on of the State of [STATE] (the "State") within the meaning of (e) of the Intern Venue Code of 1986, as amended, and is duly organized, existing and der the Constitutri nd laws of the State. 2. ssee "lti t the ' pisite power and authority to lease and acquire the Equipment and to execute and deliver the Tram& ;tioii'Documents and to perform its obligations under theLease. 3. Each.) ransaction Documents has been duly authorized, executed and delivered by and on behalf of Lessee, ar d''`is a legal, valid and binding obligation of Lessee enforceable in accordance with its terms, except as enforcement thereof may be limited by bankruptcy, insolvency and other similar laws affecting the enforcement of creditors' rights generally and by general equitable principles. 4. The authorization and execution of the Transaction Documents and all other proceedings of Lessee relating to the transactions contemplated thereby have been performed in accordance with all applicable open meeting, public records, public bidding and all other laws, rules and regulations of the State. 5. The execution of the Transaction Documents and the appropriation of moneys to pay the Rental Payments coming due thereunder do not and will not result in the violation of any constitutional, 108 of 162 statutory or other limitation relating to the manner, form or amount of indebtedness which may be incurred by Lessee. 6. There is no proceeding pending or threatened in any court or before any governmental authority or arbitration board or tribunal that, if adversely determined, would adversely affect the transactions contemplated by the Transaction Documents or the security interest of Lessor or its assigns, as the case may be, in the Equipment or other collateral thereunder. This opinion may be relied upon by the addressee hereof and its successors and assignees of interests in the Transaction .Documents. 109 of 162 This form and corresponding IRS instructions for completion and filing can be found on the IRS website. Form 8038•G (Rev. September 2018) Department Of the treasury Internal Revenue Service ° ,• ,t11 ■ KepOrting Authority Information return for Tax -Exempt Governmental Bon s Under nternal Revenue Code s ction 149{e) See separate instructions. Caution: lithe issue price is under$100,000, use Form 8038-GC. Go towww.irs.gov/F8038Gforinstructionsandthelatestinformation. If Amended Return, check here 10 OMB No . 1545-0720 1 Issuer's name 2 Issuer's employer identification number (EIN) 3a Name 6f person (other than issuer) with whom the IRS may communicate about this return (see instructions) 3b Telephone number of other person shown on 3a 4 Nurriber OM street (dr P.O. box if mail is not delivered to street address) Room/suite 5 Report number (For IRS Use Only) 13r1 8 City, town, or post offiee, state, and ZIP code 7 Date of issue 8 Name 6f Issue 9 CUSIP number 10a Name and titld of officer or other employee of the issuer whom the IRS may call for more Information (see instructions) 10b Telephone number of officer or other employee shown on 10a 1 'ism• IN Type of Issue (enter the issue price). See the instructions and attach schedule. 11 Education, 12 Health and hospital 13 Transportation 14 Public Safety : 15 Environment (including sewage bonds) 16 Housing 17 Utilities 18 Other, De9cribe ® 11 12 13 14 15 16 17 18 19a If bonda are TANs or RANs, check only box 19a ® • b If bends are 13ANs, check only box 19b jf.{goe fjg �r.in the form of a lease or ingtallmant sale, rhprk hnv rI� r Beseription of Bonds. Complete for the entire issue for which this form is being toed_ (it) Nine) maturity date (b) Issue price (c) Stated redemption price at maturity (d) Weighted average maturity (e)Yield 21 .__ .__ ... $ $ years % ►:.t:'r•s !J., _Uses,of Proceeds of Bond Issue (including underwriters' discount) 22 23 24 Proceeds used for accrued interest ISSue price of entire issue (enter amount from line 21, column (b)) Prooeeds used for bond issuance costs (including underwriters' discount) 24 22 23 29 25 Proceeds used for credit enhancement 25 26 Proceeds allocated to reasonably required reserve or replacement fund 26 27 Proceeds utyedto refund prior tax-exempt bonds. Complete Part V . 27 28 Prticeede used to refund prior taxable bonds. Complete Part 6' 28 29 Total (add lines 24 through28) . 30 jVonrefunding proceed_of.the sstiel4subtract line 29 from line 23 and enter amount here) v • t' 1 r- - Fiandietinn n r+ iin r nn c r'<ur •-Jrt^ +h,.. ...,.+ ,-.-.h c,.- .l.c„�.a,...,. h....�., 30 31 Enter the remaining weighted average maturity of the tax-exempt bonds to be refunded . 32 Enter the remaining weighted average maturity of the taxable bonds to be refunded . . 33 Enter the Ia8t date on which the refunded tax-exe t bonds will be called (MM/DD/YYYY) E i 34 teftht .t te(s)the refunded bonds were issued /YYYY) For Paperwork Reduction Act Notice, see separate instructions. cal. No. 63773S years Years Form 8038-G (Rev. 9-2018) 110 of 162 tSCt36-8 (rev, 0-201 8) 49. �� ... 0,011,(4ne ius 36 Enter the 81mount of the state volume cap allocated to the issue under section 141(b)(5) 36a Enter them -wont of gross proceeds invested or to be invested in a guaranteed investment contract (G10), Bee inetr'uctions b Enter the final Maturity date of the GIC® (MM/DD/YYYY) c Enter the name Of the GIC provider 37 Pooled financings; Enter the amount of the proceeds of this issuethat are to be used to make loans cf h v�r e tal unit ` 37 38a Itiiil' 1�3BS Itsia�i madeTrom the pro eeds of another ta,c-exempt issue, check box D and ente the b Enter the data of the master pool bond (MM/DD/YYYY) o Enter the EN of the issuer of the master pool bond 1 -� gg d Enter the nerve of the issuersof the master pool bon �0 If fne i iil`er h5 s ectec tod pay is penaltyy iin lieu i8tnarbarage reoate,lch{eckaDl xsue.r exception), check box If the Issuer has Identifie a hedge, check here) D and enter the following information: 41 Name of bod €i provider, '� e of hid e Page2 35 36a c yp g r! Terrn of hedge II' 41 If the Issuer hag superintegrated the hedge, check box . ` D 43 If the Iseuer has established written procedures to ensure that all nonqualified bonds of this issue are remediated o0Oording to the requirements under the Code and Regulations (see instructions), check box . 44 If the Issuer has established written procedures to monitor the requirements of s -lotion 148, check box . . B 46a If some portion of the proceeds was used to reimburse expenditures, check here D and enter the amount of reimburffidrnant b Enter_,t11e_ 1atIthe official intent was adooted ® (MM/OD/YYYY) ollowing inforr`iation: Signature and Consent Pak Preparer Use Only Urtd€lr penalties of perjury, I declare that I have examined this return and accompanying schedules and statements, and to the best of my knowledge tifid baJief, they are true, correct, and complete. I further declare that I consent to the IRS's disclosure of the issuer's return Information, as necessary to MOM this return, to the person that I have authorized above. P1Btiature of issuers authorized represrtative 5'Y91I PrLpdI Cf S 11E1111U I[:' '(SSIyIf 3tUFC Date Tv o or mint name and title Check V i PTIN Date self-employed I Irrn8 haliie rientra Address IP I Flrm's i;IN iP 11 Phone no. Fonn 8038-G (Rev. 9-2018) 111 of 162 Note: PLEASE COMPLETE INSURANCE AGENT CONTACT INFORMATIONIN FULL. BciCapital, Inc. INSURANCE AUTHORIZATION LETTER Insurance Agency: _ Agent: Address: Email: _ Phone: Re: Lease between_... ("Lessor") and ("Lessee") The insurance coverages listed below are required to cover the interests of the named Secured Party and its Affiliates, Successors & Assigns (indicated below) in Equipment financed by and between Lessor and Lessee. You are therefore hereby authorized and instructed to provide the Secured Party and its Affiliates, Successors & Assigns the coverages described below. Evidence of insurance in the form of a Certificate is acceptable until the required formal Endorsements are issued. The Certificate(s) will not be acceptable unless all required endorsements are clearly stated. If you have any questions concerning the coverages, please notify BciCapital, Inc. at (407) 502-5918. In Description Btlx of Each Certificate Please Make This Notation: Re: all Equipment financed by and betweenand Lessor under Lease Schedule No. 1. Please forward the required Certificate(s) and Endorsements immediately to the following Secured Party: BCICAPITAL, INC. and Its affiliates, successors & assigns 390 N. Orange Ave., Suite 2600 Orlando, FL 32801 Phone: 407-502-5918 Email: susan.herman@bcicmg.com cc: alexandra.michelini@bcicmg.com Comprehensive General Liability Coverage: 1, Litrllts of at least $1,000,000.00 per occurrence for bodily injury and property damage coverage. 2, An Endorsement naming the above Secured Party and Its Affiliates, Successors & Assigns as an Additional Insured in so far as this Equipment is concerned. 3. An Endorsement giving each of the above named Secured Party and Its Affiliates, Successors & Assigns at least thirty (30) days written notice of any cancellation, reduction or alteration of coverage. All Risk Physical Damage (Property) Coverage: 1. All Risk coverage for not less than the Total Equipment Cost of $[LEASE AMOUNT]. 2. A long form endorsement naming the above named Secured Party and Its Affiliates, Successors & Assigns as "Additional Insured" and "Loss Payee" in so far as this Equipment is concerned, unless prohibited by applicable state law, An Endorsement giving the above named Secured Party and Its Affiliates, Successors & Assigns at least thirty (30) days written notice of any cancellation, reduction or alteration ofcoverage. 4. Any deductibles or self -insured retentions must be disclosed. 1 of 2 112 of 162 5. OVER -THE -ROAD VEHICLES ONLY: (i) Collision (maximum deductible): $10,000.00 or as approved by Credit. (11) Comprehensive (maximum deductible): $10,000.00 or as approved by Credit. Comprehensive Auto Liability Coverage (where applicable): a. Limits of at least $1,000,000.00 combined single limit per occurrence for bodily injury and property damage coverage. *May come from primary Auto Liability and/or Liability. b. An Endorsement naming each of the above named Secured Party and Its Assigns as an Additional Insured in so far as this Vehicle is concerned. c. An Endorsement giving each of the above named Secured Party and Its Assigns at least thirty (30) days written notice of any cancellation, reduction or alteration of coverage. Self" -insurance or captive insurance must be disclosed. Al y deductibles or self -insured retentions must be disclosed. Each Certificate issued hereunder must confirm that the Secured Party's coverage under, and interest in, the relevant policy shall not be invalidated or otherwise adversely affected by any breach by Lessee or others of any warranty, declaration, representation or condition contained in such policy. LESSEE: BY:. -. Name: Title: 2 of 2 113 of 162 The following page(s) contain the backup material for Agenda Item: Warrant Register #30 for the period of 1/20/21 through 1/26/21 in the amount of $2,266,130.76. (Finance) Please scroll down to view the backup material. 114 of 162 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 02, 2021 AGENDA ITEM NO.: ITEM TITLE: Warrant Register #30 for the period of 1/20/21 through 1/26/21 in the amount of $2,266,130.76. (Finance) PREPARED BY: Karla Apalategui, Senior Accounting Assistant DEPARTMENT: Finance PHONE: 619-336-4572 APPROVED BY: EXPLANATION: Per Government Section Code 37208, below are the payments issued for period 1/20/21 - 1/26/21. Consistent with Department of Finance's practice, listed below are all payments above $50,000. Vendor Basile Construction Inc City of San Diego South Bay Community Services Check/Wire 350977 350982 351032 Amount 646,543.95 102,938.99 97,504.62 Explanation CIP 19-43 P1 Sewer Upsize — ENG Qtrly Billing for Fire Dispatch Svcs Home Agreement / Housing Dept FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $2,266,130.76. ENVIRONMENTAL REVIEW: APPROVED: APPROVED: 4.2 This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION FINANCE MIS STAFF RECOMMENDATION: Ratify warrants totaling $2,266,130.76. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Warrant Register # 30 ii5ot162 CALIFORNIA* PAYEE ACME SAFETY & SUPPLY CORP ADVANCED AUTO BODY GROUP ALDEMCO ALL FRESH PRODUCTS AMAZON APWA AT&T AT&T BAKER ELECTRIC INC BASILE CONSTRUCTION INC BENNETT BOWEN & LIGHTHOUSE INC BOOT WORLD BRINK'S INCORPORATED CDWG CITY OF SAN DIEGO COUNTY OF SAN DIEGO COX COMMUNICATIONS CSA SAN DIEGO COUNTY CUMMINS-ALLISON CORP DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DAY WIRELESS SYSTEMS DE LAGE LANDEN ESGIL CORPORATION FIRE ETC FLEET SERVICES INC GONZALES, G GRAINGER HDR ENGINEERING, INC. HOME DEPOT CREDIT SERVICES INNOVATIVE CONSTRUCTION IPS GROUP INC KRONOS INC LASER SAVER INC LEFORT'S SMALL ENGINE REPAIR LOCAL GOVERNMENT PUBLICATIONS MAN K9 INC MEYER, GREGORY MV CHENG & ASSOCIATES INC. NATIONAL CITY MOTORCYCLES NATIONAL EMBLEM INC NEXTREQUEST OFFICE SOLUTIONS BUSINESS PACIFIC AUTO REPAIR NATIONAL Cir? att i p WARRANT REGISTER # 30 1/26/2021 DESCRIPTION CLASS 3 SAFETY APPAREL - PARKS DIVISION PARTS:FENDER, WHEEL, TIRE, MOUNT / PW FOOD / NUTRITION COVID 19 CONSUMABLES JABRA ENGAGE 75 WIRELESS HEADSET AMERICAN PUBLIC WORKS ASSOCIATION ANNUAL AT&T SBC ANNUAL PHONE SERVICE FOR FY21 AT&T SBC ANNUAL PHONE SERVICE FOR FY21 CIP 19-15 CITYWIDE SAFETY LIGHTING ENHAN CIP 19-43 P1 SEWER UPSIZE - ENG/PW 7 - REVERSABLE JACKET - HI VIZ GREEN MOP 64096 SAFETY WEARING APPAREL - PW ARMORED CAR SVCS 1/1/21-1/31/21 CYLANCE BB GUARD ADV UPG / MIS QUARTERLY BILLING FOR FIRE DISPTACH SVCS NEXTGEN REGIONAL COMMUNICATIONS SYSTEM COX DATA VIDEO SERVICES FOR FY21 CDBG AGREEMENT WITH CSA SAN DIEGO JETSCANNER LIABILITY CLAIM COST LIABILITY CLAIM COST LIABILITY CLAIM COST LIABILITY CLAIM COST LIABILITY CLAIM COST LIABILITY CLAIM COST COMPANY MAINTENANCE CONTRACT / FIRE LEASE 20 SHARP COPIERS FOR FY21 ESGIL-PROJECT / FIRE 19352-CITROSQUEEZE FS-C-005 PPE / FIRE MOP 67084 AUTO SUPPLIES - PW TUIT REIMB G GONZALES MOP 65179 GENERAL SUPPLIES - PW PROFESSIONAL SERVICES - ENG/PW GENERAL SUPPLIES FOR FY 2021 CIP 18-10 EUCLID BICYCLE & PED ENHANCE PARKING PERMIT PORTAL AND BACK OFFICE KRONOS ANNUAL MAINTENANCE AND LICENSING LASER SAVER MOP FY21 MOP 80702 GENERAL SUPPLIES - PW LEGAL PUBLICATION UPDATES/CAO MONTHLY TRAINING / LOKI LEAD / PD LIABILITY CLAIM COST FINANCE MGR CONSULTANT SVCS/DECEMBER SERVICE AND REPAIR FOR EMERGENCY SHOULDER PATCHES NEXTREQUEST INVOICES MOP 83778 OFFICE SUPPLIES / NSD SMOG CERTIFICATION / REPAIRS FOR CITY CHK NO 350968 350969 350970 350971 350972 350973 350974 350975 350976 350977 350978 350979 350980 350981 350982 350983 350984 350985 350986 350987 350988 350989 350990 350991 350992 350993 350994 350995 350996 350997 350998 350999 351000 351001 351002 351003 351004 351005 351006 351007 351008 351009 351010 351011 351012 351013 351014 351015 DATE 1/26/21 1/26/21 1/26/21 1/26/21 1/26/21 1/26/21 1/26/21 1/26/21 1/26/21 1/26/21 1/26/21 1/26/21 1/26/21 1/26/21 1/26/21 1/26/21 1/26/21 1/26/21 1/26/21 1/26/21 1/26/21 1/26/21 1/26/21 1/26/21 1/26/21 1/26/21 1/26/21 1/26/21 1/26/21 1/26/21 1/26/21 1/26/21 1/26/21 1/26/21 1/26/21 1/26/21 1/26/21 1/26/21 1/26/21 1/26/21 1/26/21 1/26/21 1/26/21 1/26/21 1/26/21 1/26/21 1/26/21 1/26/21 AMOUNT 1,005.07 3,512.20 1,536.00 960.53 703.89 250.00 11,575.07 695.36 855.00 646,543.95 582.63 125.00 324.72 4,934.85 102,938.99 9,120.00 2,163.35 4,992.87 3,447.88 13,191.05 4,375.00 3,265.90 685.17 440.00 240.00 549.00 2,939.63 648.90 579.64 358.36 3,500.00 281.67 1,256.00 572.42 36,392.00 7,115.63 142.06 217.45 97.88 143.56 1,170.64 5,000.00 4,100.00 491.02 2,670.11 15,785.33 11.08 110.00 1/2 116 of 162 CALIFORNIA* PAYEE PACIFIC REFRIGERATION INC PARTS AUTHORITY METRO LLC PENSKE FORD PRO BUILD COMPANY PROFESSIONAL SEARCH GROUP LLC PROJECT PROFESSIONALS CORP PROJECT PROFESSIONALS CORP PRUDENTIAL OVERALL SUPPLY QUESTYS SOLUTIONS RESTAURANT DEPOT, LLC RIOS, R SAM'S ALIGNMENT SAN YSIDRO HEALTH SDG&E SHARP ELECTRONICS CORPORATION SILVER & WRIGHT LLP SOUTH BAY COMMUNITY SERVICES STAPLES BUSINESS ADVANTAGE SUPERIOR READY MIX SWAGIT PRODUCTION LLC SWRCB SYSCO SAN DIEGO INC TARGET SOLUTIONS LEARNING TERMINIX INTERNATIONAL THE BUMPER GUY INC THE COUNSELING TEAM INTERNATIO THE PUN GROUP LLP U S BANK UNDERGROUND SERVICE ALERT UNITED ROTARY BRUSH CORP VERIZON WIRELESS VIDEO TRACK LLC VISTA PAINT VULCAN MATERIALS COMPANY WESTFLEX INDUSTRIAL WILLY'S ELECTRONIC SUPPLY WSP USA INC Z A P MANUFACTURING INC PAYROLL Pay period Start Date 2 12/29/2021 NATIONALCnr? att i p WARRANT REGISTER # 30 1/26/2021 DESCRIPTION PROVIDE ON -SITE COMMERCIAL MOP 75943 AUTO SUPPLIES - PW R&M CITY VEHICLES FY 2021 MOP 45707 GENERAL SUPPLIES - PW TEMP SVC / NSD CIP 19-43 P1 SEWER UPSIZING - ENG/PW CIP 19-50 LAS PALMAS POOL FACILITIY ROOF MOP 45742 LAUNDRY SERVICES - PW AGENDA TEMPLATE CHANGES HAMS FOR GIVEAWAY/MAYORS OFFICE REIMBURSEMENT FOR MONA RIOS WHEEL ALIGNMENT SERVICE FOR CITY CARES ACT CDBG-CV AGREEMENT / HOUSING GAS AND ELECTRIC UTILITIES FOR STREETS MAINTENANCE 20 SHARP COPIERS FOR FY21 PROFESSIONAL SERVICES/ CAO HOME AGREEMENT / HOUSING DEPARTMENT MOP #45704 OFFICE SUPPLIES/RISK MANAGEM DECOMPOSED GRANITE - STREET MATERIAL SWAGIT WEBCASTING FOR FY21 ANNUAL PERMIT FEE PARADISE CREEK FOOD / NUTRITION PREMIER MEMBERSHIP PLATFORM FOR TRAINING ON -SITE PEST CONTROL SERVICES PARTS - FRONT BUMPER, GRILLE, FRONT EMPLOYEE SUPPORT SERVICES COUNSELING PROGRESS BILLING #2/CITY AUDIT FOR YEAR CREDIT CARD EXPENSES/FIRE DEP UNDERGROUND SERVICE ALERT FY 2021 STREET SWEEPER REPAIRS AND MAINTENANCE VERIZON CELLULAR SERVICES FOR FY21 LIABILITY CLAIM COST MOP 68834 PAINT SUPPLIES / NSD ASPHALT, TACK, 3/8 SHEET FY 21 MOP 63850 GENERAL SUPPLIES - PW WILLY'S ELECTRONICS MOP FY21 NAT CITY BIKE MASTER PLAN - ENG/PW REMOVE AND RESHEET - TRAFFIC SIGNS STREET End Date 1/11/2021 Check Date 1/20/2021 GRAND TOTAL CHK NO DATE AMOUNT 351016 1/26/21 6,032.14 351017 1/26/21 44.70 351018 1/26/21 75.49 351019 1/26/21 2,040.94 351020 1/26/21 3,320.00 351021 1/26/21 25,375.75 351022 1/26/21 1,012.91 351023 1/26/21 1,005.74 351024 1/26/21 787.50 351025 1/26/21 1,500.00 351026 1/26/21 35.00 351027 1/26/21 200.00 351028 1/26/21 15,366.96 351029 1/26/21 31,528.86 351030 1/26/21 2,585.26 351031 1/26/21 2,231.70 351032 1/26/21 97,504.62 351033 1/26/21 74.07 351034 1/26/21 272.40 351035 1/26/21 1,920.83 351036 1/26/21 2,012.00 351037 1/26/21 2,408.45 351038 1/26/21 3,120.00 351039 1/26/21 75.00 351040 1/26/21 7,422.09 351041 1/26/21 675.00 351042 1/26/21 20,000.00 351043 1/26/21 3,497.20 351044 1/26/21 414.19 351045 1/26/21 1,047.37 351046 1/26/21 126.24 351047 1/26/21 3,264.00 351048 1/26/21 416.02 351049 1/26/21 1,194.19 351050 1/26/21 328.30 351051 1/26/21 568.06 351052 1/26/21 1,413.41 351053 1/26/21 1,149.84 AIP Total 1,144,643.09 1,121,487.67 $ 2,266,130.76 2/2 117 of 162 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. ac„ 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 2"a OF MARCH, 2021. AYES NAYS ABSENT 118 of 162 The following page(s) contain the backup material for Agenda Item: Warrant Register #31 for the period of 1/27/21 through 2/02/21 in the amount of $1,718,495.28. (Finance) Please scroll down to view the backup material. 119 of 162 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 02, 2021 AGENDA ITEM NO.: ITEM TITLE: Warrant Register #31 for the period of 1/27/21 through 2/02/21 in the amount of $1,718,495.28. (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 1/27/21 - 2/02/21. Consistent with Department of Finance's practice, listed below are all payments above $50,000. Vendor Check/Wire Amount Dick Miller Inc 351152 323,528.43 Explanation CIP 18-16 Paradise Creek Park Expansion FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $1,718,495.28. APPROVED: APPROVED: ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION FINANCE MIS STAFF RECOMMENDATION: Ratify warrants totaling $1,718,495.28. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Warrant Register # 31 120 of 162 CALIFORNIA* NATIONAL C 'V att i p WARRANT REGISTER # 31 2/2/2021 PAYEE DESCRIPTION ACEDO, I RETIREE HEALTH BENEFITS - FEB 2021 ANDERSON, E RETIREE HEALTH BENEFITS - FEB 2021 BEARD, P RETIREE HEALTH BENEFITS - FEB 2021 BECK, L RETIREE HEALTH BENEFITS - FEB 2021 BISHOP, R RETIREE HEALTH BENEFITS - FEB 2021 BOEGLER, C RETIREE HEALTH BENEFITS - FEB 2021 BULL, P RETIREE HEALTH BENEFITS - FEB 2021 CAMEON, C RETIREE HEALTH BENEFITS - FEB 2021 CARRILLO, R RETIREE HEALTH BENEFITS - FEB 2021 COLE, L RETIREE HEALTH BENEFITS - FEB 2021 COLLINSON, C RETIREE HEALTH BENEFITS - FEB 2021 CONDON, D RETIREE HEALTH BENEFITS - FEB 2021 CORDERO, E RETIREE HEALTH BENEFITS - FEB 2021 DALLA, M RETIREE HEALTH BENEFITS - FEB 2021 DANESHFAR, Z RETIREE HEALTH BENEFITS - FEB 2021 DEESE, L RETIREE HEALTH BENEFITS - FEB 2021 DESROCHERS, P RETIREE HEALTH BENEFITS - FEB 2021 DIAZ, M RETIREE HEALTH BENEFITS - FEB 2021 DILLARD, S RETIREE HEALTH BENEFITS - FEB 2021 DREDGE, J RETIREE HEALTH BENEFITS - FEB 2021 EISER III, G RETIREE HEALTH BENEFITS - FEB 2021 ESPIRITU, D RETIREE HEALTH BENEFITS - FEB 2021 ETZLER, J RETIREE HEALTH BENEFITS - FEB 2021 FABINSKI, D RETIREE HEALTH BENEFITS - FEB 2021 FERNANDEZ, R RETIREE HEALTH BENEFITS - FEB 2021 FIFIELD, K RETIREE HEALTH BENEFITS - FEB 2021 GAUT, A RETIREE HEALTH BENEFITS - FEB 2021 GELSKEY, K RETIREE HEALTH BENEFITS - FEB 2021 GIBBS JR, R RETIREE HEALTH BENEFITS - FEB 2021 GONZALES, M RETIREE HEALTH BENEFITS - FEB 2021 HANSON, E RETIREE HEALTH BENEFITS - FEB 2021 HARLAN, M RETIREE HEALTH BENEFITS - FEB 2021 HAUG, S RETIREE HEALTH BENEFITS - FEB 2021 HERNANDEZ, G RETIREE HEALTH BENEFITS - FEB 2021 HERNANDEZ, M RETIREE HEALTH BENEFITS - FEB 2021 HERNANDEZ, R RETIREE HEALTH BENEFITS - FEB 2021 HODGES, B RETIREE HEALTH BENEFITS - FEB 2021 IBARRA, J RETIREE HEALTH BENEFITS - FEB 2021 JONES, D RETIREE HEALTH BENEFITS - FEB 2021 JUNIEL, R RETIREE HEALTH BENEFITS - FEB 2021 KIMBLE, R RETIREE HEALTH BENEFITS - FEB 2021 KLOS, F RETIREE HEALTH BENEFITS - FEB 2021 LAFRENIERE, M RETIREE HEALTH BENEFITS - FEB 2021 LEACH, D RETIREE HEALTH BENEFITS - FEB 2021 LIMFUECO, M RETIREE HEALTH BENEFITS - FEB 2021 MATIENZO, M RETIREE HEALTH BENEFITS - FEB 2021 MCCABE, T RETIREE HEALTH BENEFITS - FEB 2021 MCDANIEL, P RETIREE HEALTH BENEFITS - FEB 2021 1/4 CHK NO DATE AMOUNT 351055 2/2/21 160.00 351056 2/2/21 110.00 351057 2/2/21 70.00 351058 2/2/21 140.00 351059 2/2/21 110.00 351060 2/2/21 260.00 351061 2/2/21 580.00 351062 2/2/21 400.00 351063 2/2/21 290.00 351064 2/2/21 165.00 351065 2/2/21 420.00 351066 2/2/21 280.00 351067 2/2/21 520.00 351068 2/2/21 900.00 351069 2/2/21 250.00 351070 2/2/21 660.00 351071 2/2/21 110.00 351072 2/2/21 680.00 351073 2/2/21 480.00 351074 2/2/21 250.00 351075 2/2/21 250.00 351076 2/2/21 620.00 351077 2/2/21 460.00 351078 2/2/21 220.00 351079 2/2/21 270.00 351080 2/2/21 540.00 351081 2/2/21 700.00 351082 2/2/21 115.00 351083 2/2/21 120.00 351084 2/2/21 480.00 351085 2/2/21 135.00 351086 2/2/21 500.00 351087 2/2/21 120.00 351088 2/2/21 500.00 351089 2/2/21 600.00 351090 2/2/21 400.00 351091 2/2/21 200.00 351092 2/2/21 780.00 351094 2/2/21 480.00 351095 2/2/21 50.00 351096 2/2/21 300.00 351097 2/2/21 480.00 351098 2/2/21 660.00 351099 2/2/21 600.00 351100 2/2/21 160.00 351101 2/2/21 100.00 351102 2/2/21 280.00 351103 2/2/21 290.00 121 of 162 CALIFORNIA* NATIONAL Cir? att i p WARRANT REGISTER # 31 2/2/2021 PAYEE DESCRIPTION CHK NO DATE AMOUNT MEDINA, D RETIREE HEALTH BENEFITS - FEB 2021 351104 2/2/21 105.00 MEEKS, J RETIREE HEALTH BENEFITS - FEB 2021 351105 2/2/21 460.00 MENDOZA, G RETIREE HEALTH BENEFITS - FEB 2021 351106 2/2/21 290.00 MINER, D RETIREE HEALTH BENEFITS - FEB 2021 351107 2/2/21 580.00 MORRISON, R RETIREE HEALTH BENEFITS - FEB 2021 351108 2/2/21 520.00 NAGLE, D RETIREE HEALTH BENEFITS - FEB 2021 351109 2/2/21 460.00 NOTEWARE, D RETIREE HEALTH BENEFITS - FEB 2021 351110 2/2/21 120.00 OLIVARES, G RETIREE HEALTH BENEFITS - FEB 2021 351111 2/2/21 280.00 OLIVERIA, H RETIREE HEALTH BENEFITS - FEB 2021 351112 2/2/21 360.00 PAUU JR, P RETIREE HEALTH BENEFITS - FEB 2021 351113 2/2/21 340.00 PEASE JR, D RETIREE HEALTH BENEFITS - FEB 2021 351114 2/2/21 140.00 PETERS, S RETIREE HEALTH BENEFITS - FEB 2021 351115 2/2/21 290.00 POST, R RETIREE HEALTH BENEFITS - FEB 2021 351116 2/2/21 280.00 RAY, S RETIREE HEALTH BENEFITS - FEB 2021 351117 2/2/21 190.00 ROARK, L RETIREE HEALTH BENEFITS - FEB 2021 351118 2/2/21 135.00 RODRIGUEZ, M RETIREE HEALTH BENEFITS - FEB 2021 351119 2/2/21 260.00 RUIZ, J RETIREE HEALTH BENEFITS - FEB 2021 351120 2/2/21 310.00 SANCHEZ, L RETIREE HEALTH BENEFITS - FEB 2021 351121 2/2/21 330.00 SERVATIUS, J RETIREE HEALTH BENEFITS - FEB 2021 351122 2/2/21 340.00 SHOEMAKER, M RETIREE HEALTH BENEFITS - FEB 2021 351123 2/2/21 480.00 SHORT, C RETIREE HEALTH BENEFITS - FEB 2021 351124 2/2/21 300.00 SILVA, L RETIREE HEALTH BENEFITS - FEB 2021 351125 2/2/21 580.00 SMITH, J RETIREE HEALTH BENEFITS - FEB 2021 351126 2/2/21 320.00 SMITH, M RETIREE HEALTH BENEFITS - FEB 2021 351127 2/2/21 560.00 STEWART, W RETIREE HEALTH BENEFITS - FEB 2021 351128 2/2/21 200.00 STRASEN, W RETIREE HEALTH BENEFITS - FEB 2021 351129 2/2/21 135.00 TIPTON, B RETIREE HEALTH BENEFITS - FEB 2021 351130 2/2/21 250.00 VERRY, L RETIREE HEALTH BENEFITS - FEB 2021 351131 2/2/21 280.00 VILLAGOMEZ, J RETIREE HEALTH BENEFITS - FEB 2021 351132 2/2/21 480.00 WHITE, J RETIREE HEALTH BENEFITS - FEB 2021 351133 2/2/21 230.00 YBARRA, Y RETIREE HEALTH BENEFITS - FEB 2021 351134 2/2/21 220.00 RETIREE HEALTH BENEFITS 27,070.00 CA DEPARTMENT OF TAX AND FEE ADMIN SALES TAX LIABILITY FOR PER OCT-DEC 2020 351054 1/28/21 423.00 24 HOUR ELEVATOR INC CITY WIDE ELEVATOR SERVICE AND REPAIR 351135 2/2/21 3,890.64 ACME SAFETY & SUPPLY CORP 6' CONCRETE CAR STOPS - STREETS MATERIAL 351136 2/2/21 364.97 ADVANCED AUTO BODY GROUP LABOR - BED SIDE BUMPER REPAIR AND PAINT 351137 2/2/21 1,600.00 ALDEMCO FOOD NUTRITION 351138 2/2/21 1,703.37 ALEMAN, ARTURO REFUND OF CONSTRUCTION & DEMO REPORT 351139 2/2/21 227.65 ALL FRESH PRODUCTS COVID 19 CONSUMABLES 351140 2/2/21 430.52 ARJIS FY 21 CONTRIBUTION FOR GRAFFITI TRACKER 351141 2/2/21 2,435.85 BIDDLE CONSULTING GROUP INC CRITICALL ELITE ANNUAL ONLINE SOFTWARE D 351142 2/2/21 2,995.00 BMI MUSIC PERFORMANCE AGREEMENT 351143 2/2/21 651.60 CALIFORNIA ELECTRIC SUPPLY MOP 45698 ELECTRIC SUPPLIES - PW 351144 2/2/21 58.07 CHEN RYAN ASSOCIATES INC BAYSHORE BIKEWAY SEGMENT 5 - ENG/PW 351145 2/2/21 39,259.00 CITY OF CHULA VISTA CONFINED SPACE TUITION FOR SIX FIRE DEPA 351146 2/2/21 3,750.00 CLAIMS MANAGEMENT ASSOCIATES PROFESSIONAL SERVICES 351147 2/2/21 4,000.00 COMMERCIAL AQUATIC SERVICE INC CHEMICALS - CHLORINE, ACID TABLETS, AND 351148 2/2/21 2,276.91 COUNTY OF SAN DIEGO ANNUAL RENEWAL UNIFIED PROGRAM FACILITY 351149 2/2/21 1,373.00 2/4 122 of 162 CALIFORNIA* PAYEE COUNTYWIDE MECHANICAL SYSTEMS DEPARTMENT OF JUSTICE DICK MILLER INC D-MAX ENGINEERING INC ESGIL CORPORATION FACTORY MOTOR PARTS FIRE ETC FORTEL TRAFFIC INC GRAINGER HDR ENGINEERING, INC. HILL, ELVIA HOME DEPOT CREDIT SERVICES I LOVE A CLEAN SAN DIEGO INLAND KENWORTH INC JJJ ENTERPRISES JONES, A JONES, D KANE, P LAFRENIERE, D LEAGUE OF CALIFORNIA CITIES MAZZARELLA & MAZZARELLA LLP MTS NAPA AUTO PARTS NERI LANDSCAPE ARCHITECTURE NIGH, C NV5 INC OFFICE SOLUTIONS BUSINESS O'REILLY AUTO PARTS PACIFIC REFRIGERATION INC PARTS AUTHORITY METRO LLC PENSKE FORD PERRY FORD -NATIONAL CITY LLC PRO BUILD COMPANY PROFESSIONAL SEARCH GROUP LLC PRUDENTIAL OVERALL SUPPLY R & R CONTROLS, INC RAMIREZ, 0 SAN DIEGO COUNTY RECORDER SDG&E SELECT ELECTRIC INC SHER EDLING LLP SHOEMAKER, M SILVA, L SITEONE LANDSCAPE SUPPLY LLC SMART SOURCE OF CALIFORNIA LLC SMART SOURCE OF CALIFORNIA LLC SOUTH BAY FENCE INC SOUTHERN CALIF TRUCK STOP NATIONAL Cnrr att i p WARRANT REGISTER # 31 2/2/2021 DESCRIPTION C/O 1/21/21 ADD NEW ACCT & INCREASE BY NEW EMPLOYEE FINGERPRINT TEST RESULTS - CIP 18-16 PARADISE CREEK PARK EXPANSION NC STORM WATER SERVICES 2020-2021 - ENG/PW ESGIL - PROJECT /FIRE MOP 82766. PARTS / PW PRO WARRINGTON 8 IN LEATHER BOOT / FIRE TRAFFIC SAFETY SERVICES - ENG/PW BUILDING SUPPLIES AND EQUIPMENT FY 21 PROFESSIONAL SERVICES - ENG/PW REFUND OF CONSTRUCTION & DEMOLITION GENERAL SUPPLIES FOR FY 2021 COMM SERVICES MONTH VIRTUAL CLEAN UP KIT, TURBOCHARGE ACTUATOR FIRE AND SECURITY ALARM MONITORING RETIREE HEALTH BEN - JAN 2021 FLSA HRS ANALYSIS-4850, HRS OWED TO EMP FLSA HRS ANALYSIS-4850, HRS OWED TO EMP EDUCATION REIMBURSEMENT 2021 MEMBERSHIP DUES LEAGUE OF CITIES LIABILITY CLAIM COST MTS /NSD MOP 45735 GENERAL SUPPLIES - PW KIMBALL PARK CONCEPT MASTER PLAN UPDATE - EDUCATION REIMBURSEMENT GEOTECHNICAL OBSER/TESTING- PARADISE CRK MOP 83778 OFFICE SUPPLIES / NSD MOP 75877 AUTO SUPPLIES - PW PROVIDE ON -SITE COMMERCIAL MOP 75943 AUTO SUPPLIES - PW R&M CITY VEHICLES FY 2021 GASKET, SEALANT SILICONE, FLANGED HEX MOP 45707 GENERAL SUPPLIES - PW TEMP SVC / NSD MOP 45742 LAUNDRY SERVICES - PW CITYWIDE ON -SITE ENVIRONMENTAL CONTROL TRAINING POST SUB SLI3 RECORDED DOCUMENT GAS AND ELECTRIC UTILITIES FOR STREETS CIP 19-08 FIBER OPTIC TRAFFIC SIGNAL INT PROFESSIONAL SERVICES / CAO FLSA HRS ANALYSIS-4850, HRS OWED TO EMP FLSA HRS ANALYSIS-4850, HRS OWED TO EMP MOP 69277 LANDSCAPE SUPPLIES - PW BUSINESS LICENSE DECALS FOR FY2021 MOP 63845 BUSINESS CARDS SORIANO / NSD SOUTH BAY FENCE 1 YR RENTAL MOP 45758 GENERAL AUTO SUPPLIES - PW 3/4 CHK NO 351150 351151 351152 351153 351154 351155 351156 351157 351158 351159 351160 351161 351162 351163 351164 351165 351166 351167 351168 351169 351170 351171 351172 351173 351174 351175 351176 351177 351178 351179 351180 351181 351182 351183 351184 351185 351186 351187 351188 351189 351190 351191 351192 351193 351194 351195 351196 351197 DATE 2/2/21 2/2/21 2/2/21 2/2/21 2/2/21 2/2/21 2/2/21 2/2/21 2/2/21 2/2/21 2/2/21 2/2/21 2/2/21 2/2/21 2/2/21 2/2/21 2/2/21 2/2/21 2/2/21 2/2/21 2/2/21 2/2/21 2/2/21 2/2/21 2/2/21 2/2/21 2/2/21 2/2/21 2/2/21 2/2/21 2/2/21 2/2/21 2/2/21 2/2/21 2/2/21 2/2/21 2/2/21 2/2/21 2/2/21 2/2/21 2/2/21 2/2/21 2/2/21 2/2/21 2/2/21 2/2/21 2/2/21 2/2/21 AMOUNT 9,082.50 32.00 323,528.43 49,219.76 1,125.60 22.82 603.57 30,691.75 7,369.56 917.00 98.00 1,091.62 1,200.00 301.29 720.00 60.00 1,312.80 74.26 420.00 20,252.00 725.00 132.16 43.46 960.00 293.37 635.88 18.80 5.56 1,735.12 234.21 563.42 1,451.60 576.06 5,134.00 479.01 891.00 422.70 44.00 29,670.47 24,383.81 5,400.30 576.74 1,277.53 942.17 940.60 60.85 300.00 59.15 123 of 162 CALIFORNIA* PAYEE SPEEDPRESS STAPLES BUSINESS ADVANTAGE STC TRAFFIC STILES, J SWEETWATER AUTHORITY SWRCB TAYLOR, J TERMINIX INTERNATIONAL THE STAR NEWS T-MOBILE MOBILE USA INC. T'S & SIGNS U S BANK VCA EMERGENCY ANIMAL HOSPITAL VORTEX INDUSTRIES INC VULCAN MATERIALS COMPANY WAXIE SANITARY SUPPLY WESTAIR GASES & EQUIPMENT INC WILLIAMS, G WILLY'S ELECTRONIC SUPPLY SECTION 8 HAPS NATIONALCnr? att i p WARRANT REGISTER # 31 2/2/2021 DESCRIPTION MODEL 50 CORNER ROUNDERS = 1/2" MOP 20468 PD SUPPLIES CIP 19-22 HSIP9 CITYWIDE PROT LEFT TURN EDUCATION REIMBURSEMENT WATER BILL FOR PARKS DIVISION FY 2021 SWRCB - PARADISE CREEK SCOUR MITIGATION TRAINING REIM POST SUPER TAYLR JASON ON -SITE PEST CONTROL SERVICES STAR NEWS AD#00102370 - 1/8/2021 HOUSING MOBILE HOTSPOTS FOR LITERACY LAPTOPS HAND SANITIZER- COMMUNITY SERVICE MONTH MONTHLY CREDIT CARD STATEMENT - DECEMBER STRAY ANIMAL EMERGENCY VET CARE CITYWIDE ON -SITE SERVICE & REPAIRS 3/4 IN CL 2 BASE - STREET MATERIAL MISCELLANEOUS JANITORIAL SUPPLIES, PARTS FOR STREET DEPT WELDER- WIRE / PW EDUCATION REIMBURSEMENT MOP 45763 ELECTRICAL SUPPLIES - PW Start Date 12/30/2021 End Date 1/2/2021 CHK NO DATE 351198 2/2/21 351199 2/2/21 351200 2/2/21 351201 2/2/21 351202 2/2/21 351203 2/2/21 351204 2/2/21 351205 2/2/21 351206 2/2/21 351207 2/2/21 351208 2/2/21 351209 2/2/21 351210 2/2/21 351211 2/2/21 351212 2/2/21 351213 2/2/21 351214 2/2/21 351215 2/2/21 351216 2/2/21 A/P Total AMOUNT 412.22 489.73 34,751.46 734.50 2,521.36 3,089.00 426.63 1,135.00 893.75 4,033.92 2,066.25 74.00 4,031.48 615.00 573.18 2,299.44 13.53 835.20 83.15 677,668.31 1,040,826.97 GRAND TOTAL $ 1,718,495.28 4/4 124 of 162 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. ac„ 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 2"a OF MARCH, 2021. AYES NAYS ABSENT 125 of 162 The following page(s) contain the backup material for Agenda Item: Public Hearing and Adoption of an Ordinance of the City Council of the City of National City to require electronic submittal of Campaign Disclosure Statements and Form 700 filings. (City Clerk) Please scroll down to view the backup material. 126 of 162 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 2, 2021 AGENDA ITEM NO. ITEM TITLE: Public Hearing and Adoption of an Ordinance of the City Council of the City of National City to require electronic submittal of Campaign Disclosure Statements and Form 700 filings (City Clerk) PREPARED BY: Luz Molina, City Clerk Shelley Chapel, Deputy City Clerk .I PHONE: (619) 336-4225, EXPLANATION: On February 16, 2021, the City Clerk's Office proposed Ordinance entitled, "An Ordinance of the City Council of the City of National City, California, Adding Section 2.76 to Title 2 of the National City Municipal Code "Electronic and Paperless Filing of Campaign Disclosure Statements and Statement of Economic Interest, relating to Electronic And Paperless Filing of Fair Political Practices Commission Campaign Disclosure Statements," was introduced after a Public Hearing. It is City Staffs recommendation that at your meeting on March 2, 2021, after first conducting a Public Hearing that the City Council Adopt the Ordinance. DEPARTMENT: City Clerk's Office APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: MIS (Account No. 629-403-082-281-0000 — Information Systems Maintenance Fund at a cost of $6,300 annually. ENVIRONMENTAL REVIEW: n/a ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Ordinance. BOARD / COMMISSION RECOMMENDATION: n/a ATTACHMENTS: Attachment A - Ordinance 127 of 162 ATTACHMENT A ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, ADDING SECTION 2.76 TO TITLE 2 OF THE NATIONAL CITY MUNICIPAL CODE "ELECTRONIC AND PAPERLESS FILING OF CAMPAIGN DISCLOSURE STATEMENTS AND STATEMENT OF ECONOMIC INTEREST,' RELATING TO ELECTRONIC AND PAPERLESS FILING OF FAIR POLITICAL PRACTICES COMMISSION CAMPAIGN DISCLOSURE STATEMENTS WHEREAS, California Government Code Section 84615 provides that a legislative body of a local government agency may adopt an ordinance that requires an elected officer, candidate, committee, or other person required to file statements, reports, or other documents required by Chapter 4 of the Political Reform Act to file such statements, reports, or other documents online or electronically with the Office of the City Clerk. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DOES ORDAIN AS FOLLOWS: SECTION 1: The purpose of this Ordinance is to add the option of filing Campaign Disclosure Statements by elected officials, candidates, or committees and Statements of Economic Interest electronically. The City Council enacts this Ordinance in accordance with the authority granted to cities by state law. This Ordinance is intended to supplement, and not conflict with, the Political Reform Act. SECTION 2: The City Council of the City of National City finds and determines as follows: A. That California Government Code Section 84615 provides that a legislative body of a local government agency may adopt an ordinance that requires an elected officer, candidate, or committee, required to file statements, reports or other documents required by Chapter 4 of the Political Reform Act to file such statements, reports, or other documents online or electronically with the City Clerk; B. In any instance in which the original statement is required to be filed with the Secretary of State and a copy of that statement is required to be filed with the local government agency, the Ordinance may permit, but shall not require, that the copy be filed online or electronically; C. The City Council expressly fins and determines that the City Clerk's web -based system contains multiple safeguards to protect the integrity and security of data, it will operate securely and effectively, and it will not unduly burden filers; and. Specifically; (1) the System will ensure the integrity of the data and includes safeguards against efforts to 128 of 162 ATTACHMENT B temper with, manipulate, alter, or subvert the data; (2) the System will only accept a filing in the standardized record format developed by the Secretary of State and compatible with the Secretary of State's system for receiving an online or electronic filing; and (3) the System will be available free of charge to filers and the public for viewing filings on the City's website. D. The City Clerk will operate the electronic filing system in compliance with the requirements of California Government Code Section 84615 and any other applicable laws. TITLE 2 ADMINISTRATION Section 2.76 - ELECTRONIC FILING OF CAMPAIGN DISCLOSURE STATEMENTS AND STATEMENT OF ECONOMIC INTEREST 2.76.010 — General. A. Any elected officer, candidate, committee, or other person required to file statements, reports, or other documents ("Statements") as required by Chapter 4 of the Political Reform Act (California Government Code Section 84100 et seq.) may file such Statements using the City Clerk's online system according to procedures established by the City Clerk. These procedures shall ensure that the online system complies with the requirements set forth in Section 84615 of the Government Code. From and after January 1, 2022, elected officers, candidates, and committees required to file Statements must file such Statements using the City Clerk's online system, unless exempt from the requirement to file online pursuant to Government Code Section 8461 (a) because the officer, candidate, or committee receives less than $2,000 in contributions and makes less than $2,000 in expenditures in a calendar year. B. The online filing system shall ensure the integrity of the data transmitted and shall include safeguards against efforts to tamper with, manipulate, alter, or subvert the data. C. The online filing system shall only accept a filing in the standardized record format that is developed by the California Secretary of State pursuant to Section 84602(a) (2) of the California Government Code and that is compatible with the Secretary of State's system for receiving an online or electronic filing. D. The on-line filing system shall include a procedure for filers to comply with the requirement that they sign statements and reports under penalty of perjury pursuant to Section 81004 of the Government Code. 2 129 of 162 ATTACHMENT B 2.76.020 - Procedures for Utilizing Online Filing. A. During the period commencing with the effective date of this Ordinance and ending April 2, 2021, an elected officer, candidate, or committee may choose to utilize the electronic filing system by electronically filing a Statement that is required to be filed with the City Clerk pursuant to Chapter 4 of the Political Reform Act. Once the elected officer, candidate, or committee has filed electronically, all subsequent Statements shall be filed electronically. From and after January 1, 2022, electronic filing is mandatory unless the officer, candidate, or committee is exempt as described in Section 1.05.01 0 (A). B. Any elected officer, candidate, or committee who has electronically filed a statement using the City Clerk's online system is not required to file a copy of that document in paper format with the City Clerk. C. The City Clerk shall issue an electronic confirmation that notifies the filer that the Statement was received, which notification shall include the date and the time that the Statement was received and the method by which the filer may view and print the data received by the City Clerk. The date of filing for a Statement filed on line shall be the day that it is received by the City Clerk. D. If the City Clerk's system is not capable of accepting a Statement due to technical difficulties, an elected officer, candidate, or committee shall file that Statement in paper format with the City Clerk. E. The online filing system shall enable electronic filers to complete and submit filings free of charge. 2.76.030 -Availability of Statements for Public Review; Record Retention. A. The City Clerk's system shall make all the data filed available on the City's webpage in an easily understood format that provides the greatest public access. The data shall be made available free of charge and as soon as possible after receipt. Per Fair Political Practices Commission (FPPC) Regulation 18313.6, the data made available on the City's webpage shall not contain the street name and building number, phone number, and signature block of the persons or entity representatives listed on the electronically filed forms or any bank account number required to be disclosed by the filer. The City Clerk's office shall make a complete, unredacted copy of the statement, including any street names, building numbers, phone numbers, signature block, and bank account numbers disclosed by the filer, available to any person upon request. 3 130 of 162 ATTACHMENT B B. For paper copies, fees will apply as allowed by the Fair Political Practices Commission (FPPC) and Government Code Section 81008. Copies must be provided at a charge not to exceed ten (10) cents per page. In addition, filing officers may charge a retrieval fee of up to five dollars ($5.00) per request for copies of statements that are five (5) years or older. A single request for more than one (1) report or statement is subject to one (1) retrieval fee. Copies may be provided free of charge. C. The City Clerk's Office shall maintain, for a period of at least ten (10) years commencing from the date filed, a secured, official version of each online or electronic statement which shall serve as the official version of that record for purpose of audits and any other legal purpose. 2.76.040 — Severability A. If any provision, clause, sentence or paragraph of this Chapter or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of the provisions of this Chapter which can be given effect without the invalid provision or application; accordingly, the provisions of this Chapter are hereby declared to be severable. SECTION 3: All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. SECTION 4: This Ordinance shall become effective in accordance with applicable law sixty (60) days after adoption to provide for sufficient notice and an educational period. The City Clerk is hereby authorized to use summary publication procedures pursuant to Government Code Section 36933 utilizing a newspaper of general circulation published in the City of National City. INTRODUCED AND READ at a Regular meeting of the City Council of the City of National City, California, held the 16th day of February 2021, and 4 131 of 162 ATTACHMENT B THEREAFTER, PASSED AND ADOPTED at a Regular meeting of said City Council held the day of , 2021, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Attest: Luz Molina, City Clerk Approved as to Form: Charles E. Bell, Jr. City Attorney Alejandra Sotelo-Solis, Mayor 5 132 of 162 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 filing of a Proposition 68 Statewide Park Development and Community Revitalization Program (SPP) application for the El Toyon Park Project in the amount of $4,768,724; 2) authorizing the City Manager or designee to execute the grant agreement if selected for funding; and 3) if selected for funding, approving the establishment of an Engineering Grants Fund Appropriation of $4,768,724 and corresponding revenue budget to allow for reimbursement of eligible project expenditures through the SPP for the El Toyon Park Project. (Engineering/Public Works) Please scroll down to view the backup material. 133 of 162 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 2, 2021 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City, 1) authorizing the filing of a Proposition 68 Statewide Park Development and Community Revitalization Program (SPP) application for the El Toyon Park Project in the amount of $4,768,724; 2) authorizing the City Manager or designee to execute the grant agreement if selected for funding; and 3) if selected for funding, approving the establishment of an Engineering Grants Fund Appropriation of $4,768,724 and corresponding revenue budget to allow for reimbursement of eli•ible project expenditures through the SPP for the El Toyon Park Project. PREPARED BY:Roberto Yano, City Engineer/Director of Public Works DEPARTMENT: Enginee it g/ublic Works PHONE: 619-336-4383 EXPLANATION: See attached. APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. Rev. 296 * Exp. 296-409-500-598 * APPROVED: APPROVED: ENVIRONMENTAL REVIEW: CEQA Notice of Exemption has been recorded with the County Clerk. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution to authorize the filing of the grant application. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation w/ exhibits 2. Resolution 134 of 162 Explanation Staff is requesting authorization to file a Proposition 68 Statewide Park Development and Community Revitalization Program (SPP) application for the El Toyon Park Project. The grant request is for $4,768,724. The SPP competitive grants will create new parks and new recreation opportunities in critically underserved communities across California. Eligible projects must involve either development or a combination of acquisition and development to 1) create a new park, or 2) expand an existing park, or 3) renovate and existing park. The proposed project will renovate El Toyon Park through the construction and/or renovation of: new shared use paths, shade structures, sports lighting, resurfacing the artificial turf sports field, dog park, new scoreboard, community garden, children play structure, community event area, pickleball courts, basketball courts, tennis courts, and park solar lighting. The project will also implement Low -Impact Development (LID) to improve water quality from urban runoff by installing a water quality basin with biofiltration. The Community Services Department took the lead on the extensive community outreach effort. The Department coordinated to post flyers at community centers, public library, City Hall, City's website, and City's social media accounts. The Department also mailed 136 flyers and invitations to residents surrounding the project site. Flyers were also distributed to all National City Chamber of Commerce business members, and elementary schools with assistance of the National School District. In total, six design workshops were held at El Toyon Recreation Center (4), City Hall (1), and Paradise Village (1). Meetings were held in the evenings, as well as two meetings on a Saturday morning, making it possible for a variety of youth, teens, adults and families to participate. The community input was summarized into high priority recreation features which have been incorporated into the grant application. As a part of the community outreach effort, photos of the community based planning were required. Staff captured photos and will be including them with the application. Please note a Copyright License Agreement will be included with the grant application granting the California Department of Parks and Recreation complete authority over all photos submitted. Council Resolution authorizing filing of the grant application is required. Additionally, City Council delegates the authority to the City Manager or designee to conduct all negotiations, sign and submit all documents, including, but not limited to applications, agreements, amendments, and payment requests, which may be necessary for the completion of the Grant Scope. If selected for funding, City Council approves the establishment of an Engineering Grants Fund Appropriation of $4,768,724 and corresponding revenue budget to allow for 135 of 162 reimbursement of eligible project expenditures through the SPP for the El Toyon Park Project If grant funding is awarded, staff will return to Council with a recommendation to accept the grant. There is no local match required. 136 of 162 Park Features t Construct a new 6' Wide extension to Shared Use Path Regional Trail Connection (concrete) z to' Wide Shared Use Path Regional Trail Connection (existing, no proposed improvements) 3 Renovate existing Water Quality Basin (new biofiltration planting) 4 Renovate existing Artificial Turf Sports Field (surfacing & lighting replacement) 5 Construct a new Sports Warm Up (improved turf area with fumishings) 6 Construct a new Scoreboard (LED) 7 Renovate existing Storage Building (repair and paint) 8 Renovate existing Restroom Building (paving) 9 Renovate existing Parking Lot (fence/gate, paving overlay, and landscape) to Fire Station 33 (existing, no proposed improvements) 11 Community Center (existing, no proposed improvements) 12 Outdoor Storage Area (existing, no proposed improvements) 13 Construct a new Community Garden (pervious pathways) 14 Update existing parking to create Community Event Area 15 Renovate existing Picnic Lawn (add fumishings) 16 Renovate existing Tot Lot with new ages 5-12 equipment 17 Renovate existing Restrooms (added furnishings) 18 Construct new Park Frontage Amenities (trash/recycle, benches, bike racks on park land) 19 Renovate existing Tennis Courts (resurface/stripe for Pickelball) 20 Construct new Tennis Courts (3 concrete courts/fencing/stripe for Pickelball) 21 Fruit Trees (funded separately) 22 Perimeter Tree Buffer (funded separately) 23 New Bleachers 24 Construct a new to' Wide Multi -use Path Connector (concrete) 25 Construct new Safety Lighting (solar throughout park -Typical) 26 Construct new Shade Structures/ Picnic Shelters (3 with concrete paving) 27 Construct new Security Cameras (on light poles) 28 Construct new Park Signage (park entry monuments and information) 29 Dog Park (Existing, no proposed improvements) 3o Basketball Courts (Existing, resurface and restripe) 31 Renovate existing Tot Lot with ages 2-5 equipment 27 Ir r 1. mil' 41410,0,04e tr....e4,4t, .. ,28„ irs Vr4f C>c, 0 ?.errsAlt o0 r ��:.� ,L p. El Toyon Park MASTER PLAN National City, CA I 15 February 2021 /, !(,-)\ �`- E1VA O NalNAL crry ram- A7'JV�s� 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 filing of a Proposition 68 Statewide Park Development and Community Revitalization Program (SPP) application for the Kimball Park Project in the amount of $3,279,375; 2) authorizing the City Manager or designee to execute the grant agreement if selected for funding; and 3) if selected for funding, approving the establishment of an Engineering Grants Fund Appropriation of $3,279,375 and corresponding revenue budget to allow for reimbursement of eligible project expenditures through the SPP for the Kimball Park Project. (Engineering/Public Works) Please scroll down to view the backup material. 138 of 162 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 2, 2021 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City, 1) authorizing the filing of a Proposition 68 Statewide Park Development and Community Revitalization Program (SPP) application for the Kimball Park Project in the amount of $3,279,375; 2) authorizing the City Manager or designee to execute the grant agreement if selected for funding; and 3) if selected for funding, approving the establishment of an Engineering Grants Fund Appropriation of $3,279,375 and corresponding revenue budget to allow for reimbursement of eligible project expenditures through the SPP for the Kimball Park Project. PREPARED BY:Roberto Yano, City Engineer/Director of Public Works DEPARTMENT: Engin -r��•r bli orks PHONE: 619-336-4383 EXPLANATION: See attached. APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. Rev. 296= Exp. 296-409-500-598= APPROVED: APPROVED: ENVIRONMENTAL REVIEW: CEQA Notice of Exemption has been recorded with the County Clerk. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution to authorize the filing of the grant application. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation w/ exhibits 2. Resolution 139 of 162 Explanation Staff is requesting authorization to file a Proposition 68 Statewide Park Development and Community Revitalization Program (SPP) application for the Kimball Park Project. The grant request is for $3,279,375. The SPP competitive grants will create new parks and new recreation opportunities in critically underserved communities across California. Eligible projects must involve either development or a combination of acquisition and development to 1) create a new park, or 2) expand an existing park, or 3) renovate and existing park. The proposed project will renovate Kimball Park through the improvement of the existing recreation center, shared use paths, solar lighting, dog park, existing dugouts, community garden, and basketball courts. The project will also harvest rainwater by capturing runoff from buildings. The Community Services Department took the lead on the extensive community outreach effort. The Department coordinated to post flyers at community centers, public library, City Hall, City's website, and City's social media accounts. The Department also mailed 136 flyers and invitations to residents surrounding the project site. Flyers were also distributed to all National City Chamber of Commerce business members, and elementary schools with assistance of the National School District. In total, six design workshops were held at El Toyon Recreation Center (4), City Hall (1), and Paradise Village (1). Meetings were held in the evenings, as well as two meetings on a Saturday morning, making it possible for a variety of youth, teens, adults and families to participate. The community input was summarized into high priority recreation features which have been incorporated into the grant application. As a part of the community outreach effort, photos of the community based planning were required. Staff captured photos and will be including them with the application. Please note a Copyright License Agreement will be included with the grant application granting the California Department of Parks and Recreation complete authority over all photos submitted. Council Resolution authorizing filing of the grant application is required. Additionally, City Council delegates the authority to the City Manager or designee to conduct all negotiations, sign and submit all documents, including, but not limited to applications, agreements, amendments, and payment requests, which may be necessary for the completion of the Grant Scope. if selected for funding, City Council approves the establishment of an Engineering Grants Fund Appropriation of $3,279,375 and corresponding revenue budget to allow for reimbursement of eligible project expenditures through the SPP for the Kimball Park Project. 140 of 162 If grant funding is awarded, staff will return to Council with a recommendation to accept the grant. There is no local match required. 141 of 162 •z .II i si_ li 1, w EAST I6TH STREET EASTTH STREET -' • ,/(®-) L - a 3J - o EXISTING TO REMAIN ® EXISTING WITH IMPROVEMENTS KEY 0 NEW o CONVERTED TURF TO DROUGHTTOLERANT LANDSCAPING o GATEWAY PLAZA o EXISTING TOT -LOT WITH IMPROVEMENTS o RESTROOM / STORAGE-6 PACK o RESTROOM / COMFORT STATION - 2 PACK o WAR MEMORIAL o DECORATIVE FENCING o PARADISE CREEK RESTORATION o INFILTRATION BASIN ® SPECIMEN TREE IN RAISED PLANTER m TRELUS ® NEW PARKING SPACES o TREE LINED CONCRETE PROMENADE o NEW PICNIC TABLES ® SCORE SHACK/ CONCESSION STAND ® STAIRS WITH HANDRAILS ® EXISTING ELECTRICAL ENCLOSURE ® "A"AVENUE EDUCATIONAL ART WALL ® SKATE PARK ® BLEACHERS ® DECOMPOSED GRANITE PARADISE CREEKTRAIL ® EXISTING PICNIC TABLES I® ROUNDABOUT ® EXISTING BASKETBALL COURT (RESURFACED) O KIMBALL BOWL/AMPHITHEATER ® LEED CERTIFIED RECREATION CENTER AND BRIDGE DECK ® DOG PARK (SMALL DOGS) ® DOG PARK (BIG DOGS) o NEW BASKETBALL COURT ® COMMUNITY GARDEN ® SOLAR LIGHTING (TYPICAL SYMBOL) ® RAINWATER/GREYWATER HARVESTING FROM BUILDINGS • EXISTING DUGOUTS (UPGRADED) o PARADISE TRAIL PARKWAY CONNECTION Kimball Park MASTER PLAN National City, CA 112 FEBRUARY2021 Scale: 1"= 50'-0" %\ pATll.',��. + w TV The following page(s) contain the backup material for Agenda Item: Time Extension Request — Tentative Subdivision Map for a 29-unit multi -unit residential project located at East 16th Street and "M" Avenue. (Applicant: Renova Properties, LLC) (Case File 2021-01 TE) (Planning) Please scroll down to view the backup material. 143 of 162 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 2, 2021 AGENDA ITEM NO. ITEM TITLE: Time Extension Request — Tentative Subdivision Map for a 29-unit multi -unit residential project located at East 16th Street and "M" Avenue. (Applicant: Renova Properties, LLC) (Case File 2021-01 TE) PREPARED BY: Martin Reeder, AICP PHONE: 619-336-4313 EXPLANATION: The project site is an undeveloped property at the northwest intersection of East 16th Street and "M" Avenue. The property was approved for a 29-unit condominium development in February of 2019. The original project included the closure of "M" Avenue in this location, as well as a General Plan Amendment and Zone Change to change the zoning from Small Lot Residential (RS-2) to Medium Density Multi -Unit Residential (RM-1). Atc DEPARTMENT: Comm ity D -velopment APPROVED BY: All Tentative Subdivision Maps are approved with an expiration date of two years from approval unless a time extension has been granted. No Final Map has been recorded for the approved project; therefore the Tentative Subdivision Map would have expired on February 5, 2021 if this extension had not been requested. The Subdivision Ordinance allows applicants to request up to three time extensions for a total of 36 months. The owner is requesting a three year extension of the Tentative Subdivision Map. The applicant has stated that additional time is needed to complete final engineering, develop a transplanting schedule for the habitat being displaced, and address financing changes due to COVID-19. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: That Tentative Subdivision Map 2017-04 S be extended for three years to February 5, 2024 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. City Council Resolution 2019-15 2. Overhead 3. Site Plan 4. Applicant's letter of time extension request 144 of 162 REVISED RESOLUTION NO. 2019 — 15 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A GENERAL PLAN AMENDMENT AND TENTATIVE SUBDIVISION MAP FOR THE REZONING OF PROPERTY LOCATED AT EAST 16TH STREET AND "M" AVENUE FROM SMALL LOT RESIDENTIAL (RS-2) TO MEDIUM -DENSITY MULTI -UNIT RESIDENTIAL (RM-1) IN ORDER TO CONSTRUCT A 29-UNIT RESIDENTIAL DEVELOPMENT WHEREAS, the City Council of the City of National City considered said certification at a duly advertised public hearing held on February 5, 2019, at which time the City Council considered evidence; and WHEREAS, at said public hearing the City Council considered the staff report provided for Case File No. 2017-04 GPA S, which is maintained by the City and incorporated herein by reference, along with any other evidence presented at said hearing; and WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and WHEREAS, the action hereby taken is found to be essential for the preservation of the public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the evidence presented to the City Council at the public hearing held on February 5, 2019, support the following findings: FINDING FOR APPROVAL OF THE GENERAL PLAN AMENDMENT 1 The proposed development is consistent with General Plan Land Use Policies LU-2.3, LU 4.3, and LU-7.1 because the area is vacant and prime for development. Having a comprehensive residential project in this area will contribute to the City's housing needs. The area is not homogenous in nature with regard to residential housing types — there are single-family residences on larger lots located to the west, with a mix of medium to higher -density properties to the south across East 16th Street. These lots are developed with everything from duplexes, to triplexes, to apartments. FINDINGS FOR APPROVAL OF THE TENTATIVE SUBDIVISION MAP 1. The proposed map is consistent with the National City General Plan and applicable specific plans, because the project is in compliance with all required density and zoning requirements, provides additional home ownership opportunities consistent with the General Plan and Housing Element, and meets all requirements of the Subdivision Ordinance (NCMC Title 17), including minimum lot size and dimension. There are no specific plans in the area. 2. The site is physically suitable for the proposed type of development, because the 1.7-acre property can accommodate the requested number of units within the limits for density and lot coverage established by the General Plan and Land Use Code. ATTACHMENT 1 145 of 162 Resolution No. 2019 —15 February 5, 2019 Page Two 3. The site is physically suitable for the proposed density of development, because the proposed multi -family residential development, at a density of 17 units per acre, is less than the 23 units per acre allowed in the Medium -Density Multi -Unit Residential (RM-1) zone, and the proposed inflll development increases the available housing units in the City. 4. The design of the subdivision or the proposed improvements is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife, or their habitat, because the property is surrounded by urban development and there are no bodies of water present on -site. While there is plant habitat on site in the form of native and non-native grassland, San Diego Ambrosia, and onsite drainage, the Mitigated Negative Declaration for this project provides for mitigation that will reduce potential impacts to a level of less than significance. 5. The design of the subdivision and the proposed/required improvements are not likely to cause serious public health problems, because the property is currently vacant and surrounded by existing urban development. In addition, the land use and zoning designations as proposed allow for the density requested, which has been analyzed as part of the Mitigated Negative Declaration associated with this project. 6. The design of the subdivision and the proposed/required improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision, because no such easements exist or would be affected by the proposed development. 7. The discharge of sewerage waste from the subdivision into the City of National City sewer system will not result in violation of existing requirements prescribed by the California Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Government Code Section 66474.6, because the project is required to install sewerage systems that meet current requirements for sewage disposal by the Conditions of Approval of this permit. 8. The subdivision has been considered by the Planning Commission with regard to its effect on the housing needs of the region, and these needs are balanced by the public service needs of the residents and available fiscal and environmental resources, the project will provide twenty-nine new homeownership opportunities, which is consistent with and encouraged by the City's Housing Element. 9. The design of the subdivision provides, to the extent feasible, for future passive and natural heating and cooling opportunities in the subdivision, based on consideration of local climate, topography, property configuration and other design and improvement requirements without requiring reduction in allowable density or lot coverage, because the landscape plan submitted as part of the proposal provides in excess of the required common open space area for such developments. All new construction proposed will be in compliance with the California Building Code, which takes such factors in to consideration. 2 146 of 162 Resolution No. 2019 -- 15 February 5, 2019 Page Three BE IT FURTHER RESOLVED that the application for Tentative Subdivision Map is approved subject to the following conditions: General 1. This Tentative Subdivision Map authorizes a 29-unit residential condominium project located northwest of the intersection of East 1611i Street and the former "M" Avenue right-of- way. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform to Exhibits "A" and "B", Case File No. 2017-04 GPA, ZC, S, IS, dated 6118/2018). 2. The General Plan Amendment, Zone Change, and Tentative Subdivision Map shall not become effective until the Mitigated Negative Declaration associated with the project has been certified and the Notice of Determination filed. 3. This Tentative Subdivision Map shall not become effective until the General Plan Amendment and Zone Change have been approved. 4. Before the General Plan Amendment, Zone Change, and Tentative Subdivision Map shall become effective, the applicant, and/or the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the General Plan Amendment, Zone Change, and Tentative Subdivision Map. The applicant shall also submit evidence to the satisfaction of the Planning Department that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the General Plan Amendment, Zone Change, and Tentative Subdivision Map are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the City Manager or assign prior to recordation. 5. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk. The current fee to record the Notice of Determination for a Mitigated Negative Declaration is $2,280.25, but may be subject to change. 6. Approval of the Tentative Subdivision Map expires two (2) years after adoption of the resolution of approval at 6:00 p.m. unless prior to that date a request for a time extension not exceeding three (3) years has been filed as provided by National City Municipal Code §17.04.070. Building 7. Plans submitted for improvements must comply with the current editions of the California Building, Electrical, Plumbing, Mechanical, and Fire Codes, 3 147 of 162 Resolution No. 2019 -- 15 February 5, 2019 Page Four Engineering 8. A Hydrology study (100 year flood) is required for the new project. The study should consider the proposed project area to the closest municipal storm drain collection point. The study should consider the adequacy of the existing storm drain system to convey any additional run off. All Hydrology study findings and recommendations are part of Engineering Department requirements. 9. The Priority Project Applicability checklist for the National Pollutant Discharge Elimination System (NPDES) is required to be completed and submitted to the Engineering Department. The checklist will be required when a project site is submitted for review of the City Departments. The checklist is available at the Engineering Department. If it is determined that the project is subject to the "Priority Project Permanent Storm Water BMP Requirements" and the City of National City Storm Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP) approved Standard Urban Storm Water Mitigation Plan (SUSMP) documentation will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. 10. The Best Management Practices (BMPs) for the maintenance of the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations which may require a Storm Water Pollution Prevention Plan (SWPPP) for the project. An approved SWPPP will be required prior to issuing of a construction permit. 11. All surface run-off shall be treated with an approved Standard Urban Runoff Mitigation Plan (SUSMP) Best Management Practice (BMP) for all Priority SUSMP projects. No runoff will be permitted to flow over the sidewalk. Adjacent properties shall be protected from surface run-off resulting from this development. 12. The property owner, or its successors and assigns shall be responsible for the maintenance, repair, or reconstruction of all irrigation and landscaping improvements installed within the public right-of-way. Sprinkler heads shall be adjusted so as to prevent overspray upon the public sidewalk or the street. The proposed sprinkler heads shall be installed behind the sidewalk, and the irrigation mainline upon private property only, as required by the City. The property owner or, its successors or assigns, shall be remove and relocate all irrigation items from the public right-of-way at no cost to the City, and within a reasonable time frame upon a written notification by the City Engineer. 13. Metallic identification tape shall be placed between the bottom layer of the finished surface and the top of all irrigation lines in the public right-of-way. 14. A grading and drainage plan shall be submitted showing all of the proposed and existing on -site and off -site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material run-off to the public storm 4 148 of 162 Resolution No. 2019 —15 February 5, 2019 Page Five drain system from the proposed parking lot or development shall be implemented with the design of the grading. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins and storm drains, shall be undertaken in accordance with the National Pollution Discharge Elimination System (NPDES) regulations. A private storm water treatment maintenance agreement shall be signed and recorded. A check list for preparation of the grading plan/drainage plan is available at the Engineering Department. 15. All existing and proposed curb inlet on property shall be provided with a "No Dumping" signage in accordance with the NPDES program. 16. A sewer permit will be required. The method of sewage collection and disposal shall be shown on the grading/drainage plan. Any new sewer lateral in the City right-of-way shall be 6 inch in size with a clean out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 17. Separate street and sewer plans prepared by Registered Civil Engineer, shall be submitted showing all of the existing and proposed improvements. The plans shall be in accordance with City requirements. 18. A soils engineering report shall be submitted for the Engineering Department's review, after Planning Commission approval. The report shall address the stability of all of the existing and proposed slopes on the property. It shall also address the adequacy of the building pads, the criteria for any new retaining wall design, the maximum allowable soil bearing pressure and the required pavement structural sections for the proposed streets, the parking areas, and the driveways. As a minimum, the parking lot pavement sections shall be 2 inch A.C. over 4 inch Class II aggregate base. The street pavement sections shalt be in accordance with National City modified Standard Drawing G-34. AIi soils report findings and recommendations shall be part of the Engineering Department requirements. 19. The deteriorated portions of the existing street improvements along the property frontages shall be removed and replaced. 20. The existing street improvements along the property frontage(s) shall be kept free from weed growth by the use of special weed killers, or other approved methods. 21. All existing survey monuments, including any benchmark, within the boundaries of the project shall be shown on the plans. If disturbed, a licensed land surveyor or civil engineer shall restore them after completion of the work. A Corner Record shall be filed with the County of San Diego Recorder. A copy of the documents filed shall be given to the City of National City Engineering Department as soon as filed. 22. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and any grading construction on private property. 5 149 of 162 Resolution No. 2019 —15 February 5, 2019 Page Six 23. Street improvements shall be in accordance with the City Standards. All missing street improvements shall be constructed. Abandoned driveway aprons shall be replaced with curb, gutter, and sidewalks. 24. A title report shall be submitted to the Engineering Department, after the City Council approval, for review of all existing easements and the ownership at the property. 25. All new dwellings are subject to a Transportation Development Impact Fee. This includes new homes, condos, and apartments. The current fee is $2,484 and typically increases by approximately 2% per fiscal year (July 1 to June 30). 26. Ali electrical, telephone and similar distribution service wires for the new structure(s) shall be placed underground. 27, A cost estimate for all of the proposed grading, drainage, street improvements, landscaping and retaining wall work shall be submitted with the plans. A performance bond equal to the approved cost estimate shall be posted. Three percent (3%) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment according to actual worked hours and consultant services. 28. A hydromodification plan or a letter sealed and signed by the Engineer of Work explaining why the project is exempt from hydromodification requirements shall be submitted. 29. The final parcel map shall meet all of the requirements of the Subdivision Map Act, and the City of National City Municipal Codes including certification, acknowledgement, complete boundary information, and monumentation. 30. The developer shall submit to the Fire Department a letter from Sweetwater Authority stating existing fire flow. If determined by the Fire Department that additional improvements are needed, the developer shall enter into an agreement for the water improvements with the Sweetwater Authority prior to obtaining the final map approval. 31. The developer shall bond for the monumentation, the public improvements and the on - site grading, drainage, landscaping, and other improvements through an agreement with the City prior to the approval of the final map. 32. SUSMP documentation, as necessary, must be submitted and approved. 33. The final map shall be recorded prior to issuance of any building permit. 34. All new property line survey monuments shall be set on private property, unless otherwise approved. 35. The parcel map/final map shall use the California Coordinate System for its "Basis of Bearings" and express all measured and calculated bearings in terms of the system. 6 150 of 162 Resolution No. 2019 — 15 February 5, 2019 Page Seven The angle of grid divergence from a true meridian and the north point shall appear on the map. Two measured ties from the boundary of the property to existing horizontal control stations shall be shown. 36. A formal Stopping Sight Distance evaluation for the project driveway shall be performed by a registered civil or traffic engineer consistent with American Association of State Highway and Transportation Officials (AASHTO) standards. Based on the results of the evaluation, the engineer shall provide recommendations for ingress / egress and access control to the satisfaction of the City Engineer. The owner will be required to pay for the full cost of constructing improvements that may be required as a result of the evaluation, including all costs associated with obtaining permits, plan reviews and site inspections. Plans submitted for improvements must comply with the current editions of the California Fire Code (CFC) and National Fire Protection Association (NFPA), and the current edition of the California Code of Regulations at the time of plan submittal. Fire 37. Fire apparatus access roads shall comply with the requirements of this section (CFC 2016 Edition - Section 503.1.1) and shall extend to within 150 feet of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building. Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with an approved area for turning around fire apparatus. This comment shall apply to new residential structures. 38. The required width of emergency fire apparatus access roads shall not be obstructed in any manner, including parking of vehicles. All access roads shall be no less than 20 feet wide, no less than 14 feet high and shall have an all-weather road with the ability to support 75 thousand pounds or greater. Where a fire hydrant is located on a fire apparatus road, the minimum road width shall be 26 feet. A 28 foot turning radius is required for fire department access through site. All fire department access roads shall be painted and signed to prevent parking in these required designated emergency areas. 39. Buildings or portions of buildings or facilities exceeding 30 feet in height above the lowest level of fire department vehicle access shall be provided with approved fire apparatus access roads capable of accommodating fire department aerial apparatus. Overhead utility and power lines shall not be located within the aerial fire apparatus access roadway. 40. Fire hydrants that may be located throughout the project as not to have a separation distance greater than 400 feet. Fire hydrants to be located within 400 feet of all locations which are roadway accessible (Measurement starts from nearest public fire hydrant to project). 41. The following items pertain to fire hydrants: a. Size and location, including size and number of outlets, and whether outlets are to be equipped with independent gate valves. 7 151 of 162 Resolution No. 2019 —15 February 5, 2019 Page Eight b. Fire hydrant to be of three outlet design. 42. Provide calculation confirming flow availability to meet fire flow demands and supply large diameter hose (4 inch). 43. Fire hydrants to be marked by use of blue reflective marker in the roadway. 44. Upon submittal for an underground permit, the following shall be included: • Data sheet for Back -Flows • Data sheets for Private and Commercial Hydrants • Data sheets for Post Indicator Valves Information on required fire hydrants back -flow devices, etc., can be acquired from Sweetwater Authority. All pipes and their appliances, shall meet industry/code standards for underground use. 45. Fire Sprinklers will be required for this project. 46. If entrance/exit gates are used, gates shall be equipped with Knox Box and Emergency Strobes so as to provide emergency vehicle access and egress. A Knox Key Switch shall be required in conjunction with strobe for emergency access, and shall be placed at front of property. Please contact the National City Fire Department for exact field location. 47. Should any plan corrections be required, contractor must correct the plan and re -submit to the Fire Department for approval once again prior to installation. Planning 48. Plans submitted for construction shall comply with Land Use Code requirements and design guidelines related to bulk, facade and roof articulation, scale that is sensitive to surrounding uses, balconies and porches, adequate disposal facilities, minimum amount of laundry facilities, and adequate storage space. 49. Plans submitted for construction shall include a landscape and irrigation plan in compliance with Land Use Code Chapter 18.44 (Landscaping), including Section 18.44.190, related to water efficient landscape requirements. The landscaping required by this approval shall be maintained for the life of the project. 50. If any cultural resources are found during grading or construction, work is to stop, and the lead agency and a qualified archaeologist be consulted to determine the importance of the find and its appropriate management. In the event of the accidental discovery or recognition of any human remains during construction, the applicant is required take all appropriate steps as required by relevant federal, state, and local laws. 8 152 of 162 Resolution No. 2019 — 15 February 5, 2019 Page Nine 51. All trash enclosures shall be in compliance with Municipal Code Title 7, Section 7.10.080 (Enclosures required), including the use of flame retardant materials. 52. All site and project lighting shall in compliance with Municipal Code Title 18.46 (Outdoor lighting). 53. The developer shall provide a declaration of covenants, conditions and restrictions, running with the land, clearly setting forth the privileges and responsibilities, including maintenance, payment of taxes, etc. involved in the common ownership of parking areas, walks, buildings, utilities and open spaces prior to approval of the final map. Said CC&R's shall be subject to approval as to content and form by the City Attorney. The CC&R's shall allow the City the authority but not the obligation to assume maintenance of the property and assess the full cost including overhead costs therefore as a lien against the property if said property is not adequately maintained per the agreement. The CC&R's shall include a determination that the funds provided by the maintenance provisions will be sufficient to cover all contemplated costs. 54. A corporation, association, property owners' group, or similar entity shall be formed with the right to assess all the properties which are jointly owned with interests in the common areas and facilities in the entire development to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded conditions, covenants, and restrictions approved by the City Attorney as to form and content, which shall include compulsory membership of all owners and flexibility of assessments to meet changing costs of maintenance, repairs and services. 55. Impacts to native and non-native grasslands shall be mitigated off site. Impacts to native grasslands (e.g., grasslands having at least 10% native cover) shall be mitigated at a minimum of 2: 1 and non-native grasslands be mitigated at a 1: 1 ratio. 56. There is a patch of several hundred specimens of San Diego Ambrosia (Ambrosia pumila) located at the northern end of the property. This is a high -profile sensitive species. Project conditions require mitigation in the form of salvage and transplantation. Approval of a translocation plan is required prior to initiating ground disturbing activities. The translocation plan should specify: 1) the methods used for translocation (e.g., timing of translocation, seed collection, soil retention, etc.); 2) the location and suitability of the receptor site; 3) a long-term management plan for the receptor site; and 4) a long-term funding mechanism. The translocation receptor site should have long-term conservation value, be contiguous with other large, conserved tracts of land, and be managed and protected in perpetuity. The translocation plan should be submitted for review and approval by the Department of Fish & Wildlife prior to the onset of project impacts. 57. The onsite drainage is considered as Freshwater Emergent Wetland, which qualifies as jurisdictional wetlands/waters. State and federal permitting to allow this drainage to be impacted will be required by the US Army Corps of Engineers, San Diego Regional Water Quality Control Board, and California Department of Fish and Wildlife. All required permits or related authorizations for the project related to impacting 9 153 of 162 Resolution No. 2019 -- 15 February 5, 2019 Page Ten wetlands/waters are a condition of project approval and will need to be secured prior to any development activities taking place. 58. The landscape design and planting palette shall use native plants to the greatest extent feasible in landscaped areas. The Project applicant shall not plant, seed, or otherwise introduce invasive exotic plant species to landscaped areas adjacent and/or near native habitat areas. Exotic plant species not to be used include those species listed on the California Invasive Plant Council's (Cal-IPC) invasive Plant Inventory. This list includes (but is not limited to) the following: pepper trees, pampas grass, fountain grass, ice plant, myoporum, black locust, capeweed, tree of heaven, periwinkle, sweet alyssum, English ivy, French broom, Scotch broom, and Spanish broom. 59. In order to prevent potential impacts regarding the spread of invasive species during vegetation clearing activities, prior to any such work being undertaken all new equipment introduced to the project area shall be cleaned, and all equipment shall be maintained daily. Additional techniques for minimizing the spread of invasive plant species during construction activities can be found at https://www.cal ipc.org/solutions/ prevention/. 60. The landscape plan submitted with construction documents shall include preservation and/or replanting of the existing specimens of San Diego Ambrosia, to the extent possible based on comments from the Department of Fish and Wildlife. Sweetwater Authority 61. Water service must be provided from an Authority owned water main located within the public right-of-way or an Authority owned easement. Following vacation of the undeveloped portion of "M" Avenue, all water to serve the site shall be required to be obtained from an existing 16-inch PVC water main located within the right-of-way on East 16th Street. 62. The Final Map shall be submitted to the Authority for its review and comments prior to recordation. BE IT FURTHER RESOLVED that the City Council hereby approves a General Plan Amendment and Tentative Subdivision Map for the rezoning of property located at East 16' Street and "M" Avenue from Small Lot Residential (RS-2) to Medium -Density Multi -Unit Residential (RM-1) in order to construct a 29-unit residential development. BE IT FURTHER RESOLVED that this Resolution amending the General Plan and Tentative Subdivision Map for the rezoning of property located at East 16th and "M" Avenue shall take effect thirty (30) days after its passage. [Signature Page to Follow] 10 154 of 162 Resolution No, 2019 —15 February 5, 2019 Page Eleven PASSED and ADOPTED this 5th day of Febru. �J 9 ATTEST: Michael R. Dalla CityClerk APPROVED AS TO FORM: es ttorney Alejandra',S,' o. ayor 11 155 of 162 Passed and adopted by the Council of the City of National City, California, on February 5, 2019 by the following vote, to -wit: Ayes: Councilmembers Morrison, Rios, Sotelo-Solis. Nays: Cano. Absent: None. Abstain: None. AUTHENTICATED BY: ALEJANDRA SOTELO-SOLIS Mayor of the City of National City, California MICHAEL R. DALLA City Clerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2019-15 of the City of National City, California, passed and adopted by the Council of said City on February 5, 2019. u ec Cle rk of the City of National City, California By: Deputy 12 156 of 162 2021-01 TE (2017-04 GPA, ZC, S, IS) — 16th & "M" — Overhead National Schco! 'rvices Center ATTACHMENT 2 13 157 of 162 158 of 162 Martin Reeder To: Subject: Noel Meza, Jr. RE: Resolution 2019-15 From: Noel Meza, Jr. [mailto:nmezajr@gmail.com] Sent: Monday, February 15, 2021 2:15 PM To: Martin Reeder <mreeder@nationalcityca.gov> Subject: Re: Resolution 2019-15 Hi Martin, Yes 3 years is fine. Needed for: 1. Final engineering. 2. Environmental (transplating schedule). 3. Financing. (covid had affected terms). On Mon, Feb 15, 2021, 2:08 PM Martin Reeder <mreeder@nationalcityca.gov> wrote: Good afternoon Noel, I assume you are asking for the full three year extension? Also... what is the reason for the extension (e.g. finishing up engineering work, getting permits, etc.). I need this info for the report, as the City Council will ask. Thanks, Martin Martin Reeder, AICP Principal Planner City of National City 1243 National City Boulevard National City, CA 91950 Office: (619) 336-4313 Fax: (619) 336-4321 City Hall Hours: M-Th 7a-6p ATTACHMENT 4 15 159 of 162 Please note that City Hall is currently closed to walk-in customers as a precautionary measure against coronavirus (COVID-19). We are available on a limited basis by appointment, based on individual telecommuting schedules. For additional information on the City's COVID-19 measures, please see the City website. On Wed, Jan 27, 2021, 10:20 AM Martin Reeder <mreeder@nationalcityca.gov> wrote: Good morning Noel, All well here thanks. Hope you and yours are safe and healthy. Your email is a timely request (technically requests are due at least 90 days ahead of the expiration date, but no worries). We do, however, need the extension fee, as this request needs to go to the City Council (approving body) in order for the extension request to be acted upon. Please remit payment prior to the expiration date. Thanks, Martin From: Noel Meza, Jr. [mailto:nmezajr@gmail.com] Sent: Wednesday, January 27, 2021 8:46 AM To: Martin Reeder Subject: Resolution 2019-15 Good morning Martin, How are you? How may I get an extension please? 16 160 of 162 The following page(s) contain the backup material for Agenda Item: City Manager Report. (City Manager) Please scroll down to view the backup material. 161 of 162 Item # 03/02/21 City Manager Report (City Manager) 162 of 162