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HomeMy WebLinkAboutDraft Agenda Packet - 04-20-2021 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, APRIL 20, 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: There are multiple ways you can make sure your opinions are heard and considered by our City Council as outlined below: Submit your public comment prior to the meeting: To submit a comment in writing, email PublicComment(c�nationalcityca.gov, provide the agenda item number and title of the item in the subject line of your email. Public comments or testimony is limited to up to three (3) minutes. If the comment is not related to a specific agenda item, 1 of 278 indicate General Public Comment in the subject line. All email comments received by 4:00 p.m. on the day of the meeting will be read into the record at the City Council meeting, emailed to the City Councilmembers, and retained as part of the official record. All comments will be available on the City website within 48 hours following the meeting. Register online and participate in live public comment during the meeting: To provide live public comment during the meeting, you must pre -register on the City's website at https://www.nationalcityca.qov/publiccomment by 4:00 p.m. on the day of the regular meeting to join the City Council Meeting. ***Please note that you do not need to pre -register to watch the meeting online, but you must pre -register if you wish to speak. Once registered, you will receive an email with a link from Zoom to join the live meeting. You can participate by phone or by computer. Please allow yourself time to log into Zoom before the start of the meeting to ensure you do not encounter any last-minute technical difficulties. ***Please note that members of the public will not be shown on video; they will be able to watch and listen and speak when called upon. Public microphones will be muted until it is your turn to comment. Each speaker is allowed up to three (3) minutes to address the City Council. Please be aware that the Mayor may limit the comments' length due to the number of persons wishing to speak or if comments become repetitious or unrelated. All comments are subject to the same rules as would otherwise govern speaker comments at the meeting. Speakers are asked to be respectful and courteous. Please address your comments to the City Council as a whole and avoid personal attacks against members of the public, City Council, and city staff. Questions about public comment or City Council protocols? Please contact the City Clerk's Office at (619) 336-4228 or via email at Clerk(a�nationalcityca.gov. INTERPRETATION SERVICES: To use the Zoom interpretation feature you must first Pre -Register on Zoom. Once logged into Zoom to use the interpretation feature, please scroll to the bottom of the Zoom screen (where the meeting controls are), click on the interpretation icon (world), and select English as your language. If you are joining using the Zoom mobile app (cell phone, tablet, etc.), please press the ellipsis (...), then Interpretation, and then choose your language. 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. 2 of 278 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 pandemic global y se han manifestado emergencias locales y estatales que resultan en la suspension de ciertas !eyes 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 publicos, 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.gov. COMENTARIOS PUBLICOS: Hay varias formas en las que puede asegurarse de que sus opiniones sean escuchadas y consideradas por nuestro Concejo Municipal como se describe a continuacion: Envie su comentario publico antes de la sesion: Para enviar un comentario por escrito, envie un correo electronico a PublicComment@nationalcityca.gov, Por favor, indique el numero del tema del programa y el titulo del tema en la linea de asunto de su correo electronico. Los comentarios o testimonios publicos estan limitados a tres (3) minutos. Si el comentario no esta relacionado con un tema especifico del programa, indique Comentario publico general en la linea de asunto. Todos los comentarios recibidos por correo electronico antes de las 4:00 p.m. del dia de la reunion seran leidos en el registro en la reunion del Concejo Municipal, enviados por correo electronico a los Concejales de la Ciudad, y retenidos como parte del registro oficial. Todos los comentarios estara disponible en el sitio web de la ciudad dentro de las 48 horas posteriores a la reunion. 3 of 278 Registrese en linea y participe en los comentarios publicos en vivo durante la sesion: Para proporcionar comentarios publicos en vivo durante la sesion, debe registrarse previamente en el sitio web del Ayuntamiento en https://www.nationalcityca.qov/publiccomment antes de las 4:00 p.m. del dia de la junta ordinaria para incorporarse a la sesion del Concejo Municipal. ***Tenga presente que no necesita registrarse previamente para ver la sesion en linea, pero debe registrarse previamente si desea hablar. Una vez registrado, recibira un correo electronico con un enlace de Zoom para integrarse a la sesion en vivo. Puede participar por telefono o por computadora. Tomese el tiempo necesario para iniciar la reunion en Zoom antes del inicio de la sesion para asegurarse de no encontrar dificultades tecnicas de ultimo momento. ***Tenga presente que las personas del publico no se mostraran en video; podran observar, escuchar y hablar cuando se les solicite. Los microfonos publicos se silenciaran hasta que sea su turno de comentar. Cada orador tiene hasta tres (3) minutos para dirigirse al Concejo Municipal. Tenga en cuenta que la Alcaldesa puede limitar la extension de los comentarios debido a la cantidad de personas que deseen hablar o si los comentarios se vuelven repetitivos o no relacionados. Todos los comentarios estan sujetos a las mismas reglas que de otro modo regirian los comentarios de los oradores en la sesion. Se pide a los oradores que sean respetuosos y corteses. Dirija sus comentarios al Concejo Municipal en su conjunto y evite ataques personales contra personas del publico, el Concejo Municipal y el personal del Ayuntamiento. 4Preguntas sobre comentarios publicos o protocolos del Concejo Municipal? Comuniquese con la Oficina de la Secretaria del Ayuntamiento al telefono (619) 336-4228, o por correo electronico a Clerk a(�nationalcityca.gov. SERVICIO DE INTERPRETACION: Para utilizar la funcion de interpretacion zoom primero debe registrarse previamente en el sitio web de Zoom. Una vez que haya iniciado sesion en zoom para utilizar la funcion de interpretacion, favor de desplazarse a la parte inferior de la pantalla de Zoom (donde aparecen los controles). Naga clic en el icono de interpretacion (globo terraqueo), y seleccione "Spanish" (espanol). Si esta utilizando la aplicacion movil de Zoom (celular, tableta, etc.), presione los puntos suspensivos (...), luego "interpretation" y luego el idioma. AGENDA ESCRITA: Con contadas excepciones, el Organ() Electo puede tomar medidas unicamente sobre los temas que aparecen en la 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 la 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 la aprobacion de una sola mocion del Concejo Municipal. Antes de la aprobacion, cualquier tema puede eliminarse de la parte de 4 of 278 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 la Oficina del Secretario del Ayuntamiento para solicitar una modificacion o adaptacion de acceso relativa a la discapacidad. Notificar 24 horas antes de la sesion permitira al Ayuntamiento hacer arreglos razonables para garantizar la accesibilidad a esta junta. 5 of 278 OPEN TO THE PUBLIC A. CITY COUNCIL CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE TO THE FLAG PUBLIC COMMENTS (THREE -MINUTE TIME LIMIT) PROCLAMATIONS AND CERTIFICATES 1. Earthquake Preparedness Month Proclamation. AWARDS AND RECOGNITIONS PRESENTATIONS (FIVE-MINUTE TIME LIMIT) INTERVIEWS / APPOINTMENTS 2. Appointments City Boards, Commissions and Committees — City Council Appointment. (City Clerk) REGIONAL BOARDS AND COMMITTEE REPORTS (FIVE-MINUTE TIME LIMIT) CONSENT CALENDAR 3. 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) 4. 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) 5. Resolution of the City Council of the City of National City approving authorizing the sale of one surplus police motorcycle to the San Diego State University Police Department in compliance with City Council Policy and National City Municipal Code. (Police) 6. Resolution of the City Council of the City of National City approving the one (1) year ratified Agreement and Authorizing the Mayor to Execute the ratified 6 of 278 Agreement with the Sweetwater Union High School District for partial funding of the School Resource Officer Program for FY 2021. The City of National City will be reimbursed $105,000 for FY 2021. (Police) 7. Resolution of the City Council of the City of National City: 1) accepting the work performed by Portillo Concrete Inc. for the Palm Avenue Road Rehabilitation Project, CIP No. 19-05; 2) approving the final contract amount of $1,006,975.46; 3) ratifying the release of retention in the amount of $25,318.36; and 4) authorizing the Mayor to sign the Notice of Completion for the project. (Engineering/Public Works) 8. Resolution of the City Council of the City of National City: 1) accepting the work performed by PAL General Engineering Inc. for the E. 16th Street Road Rehabilitation Project, CIP No. 19-38; 2) approving the final contract amount of $180,275.60; 3) ratifying the release of retention in the amount of $9,013.78; and 4) authorizing the Mayor to sign the Notice of Completion for the project. (Engineering/Public Works) 9. Resolution of the City Council of the City of National City: 1) accepting the work performed by Next Stage Engineering for the City Hall Ceiling Replacement project, CIP No. 19-53; 2) approving the final contract amount of $461,746.46; 3) ratifying the release of retention in the amount of $20,090.00; and 4) authorizing the Mayor to sign the Notice of Completion for the project. (Engineering/Public Works) 10. Resolution of the City Council of the City of National City: 1) approving the following projects proposed to receive funding from the Road Maintenance and Rehabilitation Account (RMRA) through the Local Streets and Roads Funding Program as required by Senate Bill 1, the Road Repair and Accountability Act of 2017: A) National City Blvd Street Resurfacing, B) E. Plaza Blvd Street Resurfacing, C) E. 16th Street Resurfacing, and D) Mann Avenue Street Resurfacing; and 2) authorizing the establishment of a Gas Tax Fund appropriation of $1,217,771 for Fiscal Year 2021 and corresponding revenue budget for receipt of RMRA funds. (Engineering/Public Works) 11. Resolution of the City Council of the City of National City, waiving the formal bid process pursuant to National City Municipal Code Section 2.60.260 and Section 2.60.220, regarding cooperative purchasing and open market procedure respectively, and authorizing the purchasing and accessorizing of one (1) new 2021 Ford AWD Police Interceptor K8A PEG 500A in an amount not -to -exceed $63,360.25, due to a traffic collision that damaged a National City Police Department Patrol Vehicle beyond repair. (Engineering /Public Works) 12. Resolution of the City Council of the City of National City, waiving the formal bid process pursuant to National City Municipal Code Section 2.60.260 and 7 of 278 Section 2.60.220, regarding cooperative purchasing and open market procedure respectively, and authorizing the purchasing and accessorizing of one (1) new 2021 Ford AWD Police Interceptor K8A PEG 500A in an amount not -to -exceed $67,111.33, due to a traffic collision that damaged a National City Police Department K-9 Vehicle beyond repair. (Engineering /Public Works) 13. Investment transactions for the month ended February 28, 2021. (Finance) 14. Warrant Register #36 for the period of 3/03/21 through 3/09/21 in the amount of $1,764,948.49. (Finance) 15. Warrant Register #37 for the period of 3/10/21 through 3/16/21 in the amount of $407,421.46. (Finance) PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS 16. Public Hearing and Adoption of a Resolution of the City Council of the City of National City authorizing the Mayor to execute an Amendment to the Lease and Operating Agreement between the City of National City and American Golf Corporation to increase green fees effective April 20, 2021. (Community Services) 17. Public Hearing and Adoption of a Resolution of the City Council of the City of National City amending the previously adopted Transportation Development Impact Fee (TDIF) schedule and annual adjustment to the TDIF, pursuant to National City Municipal Code Section 4.52.100 and consistent with Government Code Section 66017, approving an adjustment to the TDIF of 2 percent, as required by the San Diego Association of Governments (SANDAG) for receipt of TransNet local street improvement revenues, resulting in the TDIF increasing from $2,584 per new residential dwelling unit to $2,636 per unit beginning July 1, 2021. (Engineering/Public Works) NON CONSENT RESOLUTIONS 18. Resolution of the City Council of the City of National City approving the acceptance of the High -Speed Broadband in California Libraries Grant Year 6 from State Library in the amount of $135,645.71 to cover the equipment costs associated with high-speed networking upgrade at the National City Public Library. (IT/Library) 19. Resolution of the City Council of the City of National City: 1) authorizing the appropriation of $650,551.50 for Phase II — Implementation phase of Paradise Creek Mitigation at Kimball Way project, reimbursable through the Hazard Mitigation Grant Program approved by the Federal Emergency Management Agency (FEMA); 2) establishing corresponding revenue and expenditure accounts; and 3) committing to providing a local match of $216,850.50. (Engineering/Public Works) 8 of 278 20. Resolution of the City Council of the City of National City expressing support of the Protecting the Right to Organize (PRO) Act (HR. 842). (City Manager) NEW BUSINESS 21. Consider authorizing a letter of support to the Port of San Diego in support of the Maritime Clean Air Strategy Discussion Draft. (Community Development) B. COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY CONSENT RESOLUTIONS - HOUSING AUTHORITY PUBLIC HEARINGS: RESOLUTIONS - HOUSING AUTHORITY NON CONSENT RESOLUTIONS - HOUSING AUTHORITY NEW BUSINESS - HOUSING AUTHORITY C. REPORTS STAFF REPORTS 22. Urban Area Security Initiative. (Fire) 23. Speeding and Racing Groups. (Police) 24. HOPE Improvements for Federal Funding. (Engineering/Public Works) 25. 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 - May 4, 2021 - 6:00 p.m. - Council Chambers - National City, California. 9 of 278 The following page(s) contain the backup material for Agenda Item: Earthquake Preparedness Month Proclamation. Please scroll down to view the backup material. 10 of 278 Item # 04/20/21 Earthquake Preparedness Month Proclamation 11 of 278 The following page(s) contain the backup material for Agenda Item: Appointments City Boards, Commissions and Committees — City Council Appointment. (City Clerk) Please scroll down to view the backup material. 12 of 278 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 20, 2021 AGENDA ITEM NO. ITEM TITLE: Appointments: City Boards, Commissions and Committees — City Council Appointment (City Clerk) PREPARED BY: Luz Molina, City Clerk Shelley Chapel, Deputy City Clerk PHONE: (619) 336-4225 DEPARTMENT: City Clerk's Office APPROVED BY: Skeeeew (,bayee EXPLANATION: Vacancy on the Planning Commission was 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 Planning Commission was posted Wednesday, February 25, 2021, and all applications were due to the City Clerk's Office by the deadline of Wednesday, March 17, 2021 at 5:00 p.m. (See Explanation (Attachment A) for more information) FINANCIAL STATEMENT: ACCOUNT NO. n/a ENVIRONMENTAL REVIEW: n/a ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Conduct interviews and City Council appointment of new Commissioner. 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 13 of 278 ATTACHMENT A The City Clerk's Office began advertising and accepting applications for Vacancies on Planning Commission, a City Council appointed Boards/Commissions/Committees (BCC) on February 25, 2021. 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 to be considered for vacancies was Wednesday, March 17, 2021 at 5:00 p.m. All applications were received before the deadline. BCC Number of Open Seats Appointing Residency Electoral of Compensation and Term expiration for Member(s) Requirement City that seat Requirement Planning Commission (1) One Seat 03/31/2025 City Council Yes No None The City Clerk's Office received applications from four (4) individuals for the one (1) vacancy. This vacancy is as a result of the current Commissioner Term ending on March 31, 2021. One (1) Incumbent member is included with the applications to be considered. City Council Policy #107 (A) states, "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." An email was sent to all incumbents with an invitation including the abbreviated application for consideration. Per National City Municipal Code Section 16.06 — Planning Commission: The members of the Planning Commission shall be residents, but need not be electors of the City. Compensation shall be determined periodically by resolution of the City Council. The Planning Commissioners currently receive a stipend of $100 per meeting attended. All four (4) of the applicants are residents of City of National City. 1. Dolores Flores — Incumbent 2. William Phillips Sr. 3. Claudia E. Valenzuela 4. Sonya Flores PLANNING COMMISSION (7 Members) Member Position Residency Requiremen t Appointe d Term Expires Meetings for January — February 2021 3/1/202 1 3/15/202 1 4/5/2021 Maria DeLa Paz Chair Yes 4/2/2002 3/31/2022 Cancelled Present Present Cancelle d Ricardo Sanchez Vice -Chair Yes 7/5/2020 9/30/2024 Cancelled Absent Present Cancelle d Damian Alexander Roman Commissione r Yes 1/19/2021 3/31/2022 Cancelled Present Present Cancelle d Dolores Flores Commissione r Yes 6/5/2001 3/31/2021 Cancelled Present Present Cancelle d Luis Natividad Commissione r Yes 5/7/2019 3/31/2023 Cancelled Present Present Cancelle d William J. Sendt Commissione r Yes 4/5/2016 3/31/2024 Cancelled Present Present Cancelle d Ditas Yamane Commissione r Yes 3/3/2015 3/31/2023 Cancelled Present Present Cans d 14 of 278 15 of 278 ATTACHMENT B CALIFORNIA NATIONAL CITY INCORPORATED BOARDS, COMMISSIONS, AND COMMITTEES STATEMENT OF INTENT ! REQUEST FOR RE -APPOINTMENT The City Council will soon consider appointments and re -appointments to various Boards and Committees. Please check the box below that best indicates your desire or intent, sign and return to the City Clerk's Office. 1 I respectfully request to be re -appointed to the Planning Commission/Housing Advisory Committee. ❑ I do not desire to be re -appointed. Dolores Flores Signature Date Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 619-336-4226 www.naticnalcityca.gov 16 of 278 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 ATTACHMENT B 4.-;(..:1EiVED 1A NI 5 2021 Civil Service Committee ice of the City Cleric X Planning Commission, of National city Public Art Committee* Traffic Safety Committee Advisory Housing Committee* Applicants must be residents of the City of National City except for those marked by an asterisk (*j. 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. I Name: \li ti r t7 l 1 , �.. --riR E-Mail:kAl 1-4 Pcft,.7 9 CrY►Z A it Cr-t• f� Home Address: 111111111111. Tel No: IMIIMIIMIM (Include City/Zip) Business Affiliation: ,//k Business Address: Title: Tel. No.: Length of Residence in National City: S j y r2 San Diego County: Y California: ?t;> Educational Background: .Si L r« Occupational Experience: _5'6 t~ ;r t- ` V - LZ (,); s .0 1 � LA GJ Ls ,f�' %= 1a Nil ,`ems T" - LrL/L L e,r-Ti t� Professional or Technical Organization Memberships: FBI R J? C, Civic or Community Experience, Membership, or Previous Public Service Appointments: C t - '4i C y t t t.. 0 fa,.r Experience or Special Knowledge Pertaining to Area of Interest: ('c K, ,,-, y f'j (aJ G&I, L� i‹-s . I 4411 s c- cv t J f2 s ra c x. r T Have you ever been convicted of a felony crime? No:4 Yes:_ misdemeanor crime? No: V 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: 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 may be released to the public upon request. 1 17 of 278 ATTACHMENT B William H. Phillips Sr National City, CA 9195o whp4o3(ogmail.com January 5, 2021 Dear Ms Mayor and City Council: I am qualified and well suited to serve the residents of the City of National City. I have lived in National City since 1974. I have raised my family in this community and my family members either live or are employed in National City. My family and I have enjoyed participating in many civic events. I have always promoted National City in my dealings with officials and employees of other municipalities. During my time in National City 1 have owned and operated several businesses employing many people and supporting our community. I have also enjoyed a career as a National City Police Officer. As a police officer and city employee, I served the residents of our community with compassion, empathy and a strong desire to leave things better than I found them. [ have served the community by being active in The Kiwanis Club of Sweetwater, National City Host Lions Club, American Cancer Society Relay for Life, StarPal, Stein Family Farm, and NCPD Explorers. I served as a non- voting commissioner on the CPRC from its inception until my retirement in 2019. My neighbor and 1 were instrumental in building awareness and ultimately the upgrading and beautification of Butterfly Park. This was achieved with grant funds and community volunteers at no cost to the city. 18 of 278 ATTACHMENT B I am retired and able to devote the time needed to serve on the Planning Commission. My careers as well as my role as a taxpayer in National City have made me uniquely suited to serve on the Planning Commission. If appointed, I will work to render determinations and make recommendations to the City Council on a variety of land use matters, including changes to the City's General Plan, Specific Plans and Land Use Code. I will also strive to provide unbiased discretionary reviews of land use matters such as Conditional Use Permits, Variances, and Subdivisions. I have always believed our community needs more sustainable affordable housing. As a member of the Planning Commission, I will also serve on the Housing Advisory Committee, which provides input on housing related matters such as the Housing Element. Respectfully, Bill Phillips 19 of 278 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 ATTACHMENT B RECEIVED JAhN 3 2021 Civil Service Committee Plannin Commiss of the City Clerk g of National City Public Art Committee* Traffic Safety Committee Advisory Housing Committee* 'v Applicants must be residents of the City of National City except for those marked by an asterisk M. 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: CIC1MGtiCk - Jo ev1l-Vetck E-Mail: m )ctek91(1()5rnu`l. tern Home Address: (Include City/Zip) Business Affiliation: S D G ` Tel No: 1_ VWIoltC �i (s lvlaw er' Business Address: g )74 CeAkvv/ �GtYK Ct S .p .) Cal 9217- Tel. No.: S58-539- 9533 Length of Residence in National City: 20 VL San Diego County: ` California: 'yq Educational Background: CA Il f tWV1i6, W es rr Sc[ 0`I {S 116Chi UtntveTsT 84' Srknve6 3aLVe(or of Avi-3 j Poli-hcaj Screwce j SP�;us Occupational Experience: See v We. pt,n d ? i o Title: Professional or Technical Organization Memberships: SeCYe ►eAAV f S D PoY+TatiAli tombsik$ih 2005 Pre bzi± Civic or Community Experience, Membership, or Previous Public Service Appointments: Experience or Special Knowledge Pertaining to Area of Interest:J. have av% iA144tit mat ex peotirtce l 1n tNttUSi'`iiCAWeLVrAen.1 -cook 614'3 i-h, 'f,25vt n f7 pYD Ce Sr Co-Aim/wit-AL/ OACcaCi Have you ever been convicted of a felony crime? No: \ Yes:_ misdemeanor crime? No\/ Yes: C643 'f''`4.,, 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: ia�a r boao Signature: Please feel free to provide additiona i r i n or e ers o en orsement. 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 20 of 278 ATTACHMENT B Claudia E. Valenzuela National Ci CA 9I950 claudia.e.valenzuela@icloud.com, PROFESSIONAL EXPERIENCE SAN DIEGO GAS & ELECTRIC COMPANY (SDG&E), San Diego, CA 2006 — Present Portfolio & Project Management, Public Affairs Manager (2019 present) • Serve as a strategic advisor to Sempra Energy's California utilities to support gas and electric capital project teams with conununity relations, crisis management, regulatory filings, company charitable partnerships, and other operational initiatives by providing communications and outreach strategies for successful implementation of projects and programs. • Create, develop and maintain relationships with internal executive management teams, external stakeholders, government agencies, and elected officials related to company issues, projects and goals. • Identify, negotiate, and implement solutions for disputes related to SDC&E infrastructure projects and customer complaints to preserve positive relationships with customers and public agencies. Local Government Affairs, Public Affairs Manager (2006-2019) • Developed political strategy and directed target messaging to elected officials, municipal staff, and external stakeholders on often controversial topics, such as wildfire cost recovery, General Rate Case, and major construction projects. • Served as an External Affairs Strategic Lead as part of SDG&E's First Responders team and Emergency Operations Center workforce during local and regional emergencies, i.e., 2007 wildfires and other weather or utility infrastructure related emergencies. • Worked cross -functionally with SDG&E external facing departments including: media relations; community relations; emergency management; construction services; customer services; regulatory affairs; legal affairs and risk management; and business services to execute communication strategies and customer outreach. • Improved communications and developed trust with City of San Diego and County of San Diego by holding quarterly meetings to discuss and manage issues between SDG&1? and the agencies' management teams. • Participated in community and business organizations by serving on external boards and committees on behalf of SDG&E. • Previously supported SDG&E media relations team by providing on air interviews in Spanish for local television and radio news programming on SDG&E programs and services. CALIFORNIA STATE ASSEMBLY — 78TH DISTRICT, Lemon Grove, CA 2003 — 2006 Assembly Member Shirley Horton, Chief of Staff' • Managed and led Sacramento Capitol and District Office operations and managed stag of twelve employees in a rich and culturally diverse community incorporated by the following cities and communities; City of San Diego's 41h, 7th and 9th Council Districts; City of Lemon Grove; City of Chula Vista, and unincorporated communities of Bonita, Spring Valley and Rancho San Diego. • Developed and executed constituent communication strategies and prornoted Assembly Member's legislative agenda by creating, planning and hosting community events throughout the district and across San Diego County. • Created district focused regional advisory councils to provide direct community interaction and diverse dialogue between Assembly Member, constituents, and community stakeholders. • Represented Assembly Member on her behalf with media outlets, interested stakeholders, constituents and agencies during ceremonies, public hearings, community council meetings, community events, and other official duties. 21 of 278 ATTACHMENT B TOM SHEPARD & ASSOCIATES, San Diego, CA 2001— 2003 Public Policy Strategies, Inc. — Senior Account Executive • Developed and executed communication strategies for Public Policy Strategies, Inc. (a Tom Shepard & Associates public affairs division) clients throughout San Diego, California, Texas, and Oldahorna, with a special assignment to manage executive teams from two Fortune 500 energy companies on an international energy development project. • Managed community outreach and research in Rosarito and Tijuana, Mexico for a proposed Liquefied Natural Gas (LNG) terminal project in Baja California, Mexico. • Organized community events, educational trips and materials related to LNG terminal operations, safety and economic impacts for elected officials and community leaders from Baja California and San Diego, including an educational trip for those leaders to the Washington, DC area. SAN DIEGO PADRES BASEBALL CLUB, San Diego, CA 1995.2001 Public Affairs & Community Relations Department, Public Affairs Manager • Directed a team of forty game -day personnel and independent contractors who provided media relations, community relations, and government affairs support. • Planned and executed pre -game ceremonies and in -game entertainment, including managing the Pad Squad, photographers, entertainers, and other fan experiences during 81 regular season games, and special promotional series and post -season games — including the first -ever Major League Baseball games in Mexico and Hawaii, 1996 Playoffs, and the 1998 World Series. • Created and executed public relations and community events throughout San Diego and Tijuana promoting baseball club, including planning and event coordination of implosion of SDG&E building downtown. • Managed community outreach and grassroots education for regional stakeholders and elected officials on ballot measure (Proposition C) for new Downtown ballpark. • Organized stakeholders to attend community and city council meetings, community rallies, and press conferences advocating support for ballpark ballot measure. • Supported Executive Vice President of Public Affairs in creating in-house Television Production department and producing programming for club's regional cable provider promoting Padres' community relations activities throughout the region, EDUCATION CALIFORNIA WESTERN SCHOOL OF LAW, San Diego, CA Juris Doctor, January 2018 Area Concentration: Labor and Employment Law UNIVERSITY OF SAN DIEGO, San Diego, CA Bachelor of Arts, May 1999 Political Science and Spanish SKILLS AND SPECIAL TRAINING • Federal Emergency Management Agency (FEMA) Incident Command System Emergency Management Workforce Certificate • LEAD San Diego IMPACT Class of 2012 • Fluent in Spanish 22 of 278 ATTACHMENT B Claudia Valenzuela is a Public Affairs Manager for San Diego Gas & Electric (SDG&E). During her fifteen years at SDG&E, Valenzuela has managed government affairs and public outreach efforts throughout SDG&E's service territory on various utility and municipal infrastructure projects. Valenzuela has more than twenty-five years of experience working in public affairs, community relations, and government relations in San Diego and Baja California, Mexico. Prior to joining SDG&E, she worked as Chief of Staff for a local State Assembly Member; as Senior Account Executive for a San Diego public affairs firm; and as a Public Affairs Manager for the San Diego Padres Baseball Club. in her role at SDG&E, Valenzuela serves on the boards of several civic and business organizations throughout the region, including as Secretary of the San Diego Port Tenants Association, a position she has held for ten years. Valenzuela was born and raised in San Diego. She holds a Bachelor of Arts in Political Science and Spanish from the University of San Diego, and a Juris Doctorate from California Western School of Law. 23 of 278 Received via email CITY OF NATIONAL CITY February 1, 2021 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* 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: E-Mail: C C 1 IY1 2 S (�G'` L •CC Y) Home Address: - CAPeckci S TeI o: (Include City/Zip) Business Affiliation: i"C./L-11--ce- £ 6.1/ L,, , 'v Title: iR4 J Y Business Address: 12 q G ' ) 44S 4 ( iv C - No.: . A-t`"2""- 5767 Length of Residence in National City: j 4-tire an Diego County: t-t/C California. C/L L Educational Background: % (?f7vt_r4[. G{,(1 %- S . Occupational Experience: r a Q 2 / 7 U/1l� Cc4h12.�1�«u- �ut;4>i- Professional or Technical Organization Memberships: eaft.-e.i(-- c j r X7 /� q"7&'? ,jc < Jt4v14-€-(')ec/ GJ/ I— ;S L S Gcn� ��-e-,lo C. � Civic or Community Experience, Membership, or Previous Public Service Appointments: Experience or Special Knowledge Pertaining to Area of Interest: cS a. i Q %emu-c cy ' f (AAA! 5 /3-1.0 - .0 b/44 / S ( r Have you ever been convicted of a felony crime? No:)i' Yes: misdemeanor crime? of 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: Signatur Please feel tree 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 may be released to the public upon request. 24 of 278 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. 25 of 278 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. 26 of 278 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, 27 of 278 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, 28 of 278 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 29 of 278 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 30 of 278 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. 31 of 278 Item # 04/20/21 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) 32 of 278 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. 33 of 278 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 20, 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 DEPARTMENT: PHONE: 619-336-4551 APPROVED BY: EXPLANATION: See attached Staff Report. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: No cost to City; however, donating the SCBAs and accessories versus selling at auction impacts potential revenue of approximately $2,500. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Staff recommends the City Council approve the donation in order to assist the City of Tecate. BOARD / COMMISSION RECOMMENDATION: Finance MIS ATTACHMENTS: 1. Staff Report 2. Municipal Code Chapter 2.42 — Disposal of Surplus City Property 3. Resolution 34 of 278 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 $2,500. • 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 35 of 278 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 $2,500. Staff Recommendation: Staff recommends the City Council approve the donation in order to assist the City of Tecate. 2 36 of 278 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 37 of 278 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) 38 of 278 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City approving authorizing the sale of one surplus police motorcycle to the San Diego State University Police Department in compliance with City Council Policy and National City Municipal Code. (Police) Please scroll down to view the backup material. 39 of 278 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 20, 2021 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City approving authorizing the sale of one surplus police motorcycle to the San Diego State University Police Department in compliance with City Council Policy and National City Municipal Code. PREPARED BY: Captain Graham Young DEPARTMENT: Poli«Departrp6nt PHONE: (619) 336-4514 APPROVED BY: EXPLANATION: The National City Police Department received a request from and allied agency, the San Diego State University Police Department (SDSUPD), to purchase one surplus Police Motorcycle for $8,000. The sale of the surplus police motorcycle would comply In accordance with National City Council Policy 115, "Donation of Surplus City Property and Police Department Unclaimed Personal Property', agencies requesting surplus equipment must be organizations as defined in the policy, in addition to National City Municipal Code 2.42.040(B)(4), "Disposal of Surplus City Property" the San Diego State University Police Department meets this requirement. FINANCIAL STATEMENT: ACCOUNT NO. No cost to City ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: STAFF RECOMMENDATION: Approve Resolution. BOARD l COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Staff Report 2. National City Council Policy 115, and Municipal Code Chapter 2.42.040B 40 of 278 111ALIFORNIA4( NATIONAL_..CITY O ? IN� CORRPOORATED NATIONAL CITY POLICE DEPARTMENT STAFF REPORT DATE: February 1, 2021 SUBJECT: Sale of 2011 Honda ST1300 Police Motorcycle to the San Diego State University Police Department. Staff Report The National City Police Department has received a request from the San Diego State University Police Department (SDSU PD) to purchase a surplus police motorcycle. a 2011 Honda ST1300 for $8,000 . The National City Police Department currently has three running 2011 Hondas. SDSU PD currently uses this type of motorcycle and has requested to purchase one of our motorcycles. NCPD is transitioning to the BMW motorcycle and our fleet of four (4) Hondas will be rotated out as this transition continues. Normally as vehicles are rotated out of service they are sent to auction and generally sold below market value. Were we to sell these bikes at auction, costly man hours would need to be spent removing all the related police equipment from these bikes. Additionally the equipment removed, Rifle rack, citation holder, police lighting, police radio and associated bracketry would not be reused or sold as the Honda police motorcycle is no longer being produced. These items would eventually be destroyed or donated. The stripped down motorcycle would then be auctioned off and the city would most likely receive pennies on the dollar. SDSU PD is in dire need of one, possibly two of these bikes. They have agreed to pay eight thousand dollars for one motorcycle and they fully understand the motorcycle would be sold "AS IS." This sale would be a benefit to both agencies. SDSU PD would be getting a motorcycle that they could put in service almost immediately and NCPD would receive eight thousand dollars that could be put in to a reserve account to help purchase a new motorcycle for the traffic division helping to reduce the budget burden of the purchase of a new motorcycle. The Kelly Blue Book value of a similar used civilian version of the Honda is between three and four thousand dollars. Auction prices are often half of the blue book value. 1200 National City Boulevard National City, CA 91950 (619) 336-4512/Fax (619) 336-4525 41 of 278 \ 1 1 / / , CALIFORNIA . NA'i'I O NAL CJT'y (L� 311TCOAP OiL ATED Background The National City Police Department Traffic Division currently has four (4) 2011 Honda ST1300 Police Motorcycles. These motorcycles all have between 40 to 90 thousand miles on them. All have had expensive repairs done to them that include but are not limited to new motors, new transmissions, cooling systems repairs, suspension repairs, tires, lighting etc. These repairs are becoming costly due to the age of these motorcycles. The Kelley blue book value for each motorcycle is between 3 to 4 thousand dollars. This value is for a civilian version. The police version is less valuable since it is used as a work instrument and has more wear than a civilian version. Earlier this year we were fortunate to be able to receive two new BMW Police Motorcycles that would replace two of the older Hondas. Currently the Traffic division has three motor officers but it is slated for four officers. In an ideal world this means that five (5) motorcycles are needed. Four for the officers and one spare/extra in the event of a breakdown or accident. The sale of one of our Honda motorcycles to the SDSU PD would reduce the budget burden of the purchase of a third BMW motorcycle for the traffic division. Policy Requirements: In accordance with National City Council Policy 115, "Donation of Surplus City Property and Police Department Unclaimed Personal Property" (attached), agencies requesting surplus equipment must be organizations as defined in the policy, in addition to National City Municipal Code 2.42.040(B)(4), "Disposal of Surplus City Property"(attached - the San Diego State University Police Department meets this requirement. According to Municipal Code Chapter 2.42.040B, any item with a value exceeding $1,000 must be disposed: 1. Through the solicitation of sealed bids in a local newspaper; 2. Through participation in the San Diego County cooperative auction; 3. Through consignment to a vendor to sell on the City's behalf; 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). 1200 National City Boulevard National City, CA 91950 (619) 336-4512/Fax (619) 336-4525 42 of 278 EALIFORNIA`s�� NATIONAL CITY P4coRPonATED The donation/sale of a surplus police vehicle to the San Diego State University Police Department meets requirement No. 4 as described above. Staff Recommendation: The City of National City has an excellent working relationship with the San Diego State University Police Department and we have been very fortunate to have work in conjunction with SDSU PD in enforcement operation within our City. Staff recommends the Council approve the donation in order to assist San Diego State University Police Department fulfill its mission of providing its students at San Diego State University with a safe traffic environment. Financial Statement: No cost to City, however donating the vehicle versus selling at auction impacts potential revenue source. CURRENT AGREEMENT None IMPACT Net gain of eight thousand dollars to be to offset costs for the purchase of a new BMW police motorcycle for the National City Police Department. 1200 National City Boulevard National City, CA 91950 (619) 336-4512/Fax (619) 336-4525 43 of 278 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Donation of Surplus City Property and POLICY #115 Police Dept. Unclaimed Personal Property ADOPTED: June 17, 2003 AMENDED: October 8, 2013 Purpose To establish a policy for donating surplus City property, and Police Department unclaimed personal property to local, non-profit 501(c)(3) organizations, and/or other municipal agencies. Definitions • Municipal Agencies: publiclgovernment agencies, and Sister Cities. • Local Non -Profit 501(c)(3) Organizations: As defined by the IRS: non-profit 501(c)(3) organizations "must be organized and operated exclusively for exempt purposes set forth in section 501(c)(3), and none of its earnings may inure to any private shareholder or individual. In addition, it may not be an action organization, i.e., it may not attempt to influence legislation as a substantial part of its activities and it may not participate in any campaign activity for or against political candidates? Organizations are "commonly referred to as charitable organizations". In order to be considered "local", the organization must have a physical address within the City limits, and a valid National City Business License. The organization must be able to show proof of `local' and `non-profit' 501(c)(3) status, • Surplus City Property: is defined by Municipal Code 2.42 as "supplies or equipment belonging to the City which are no longer used or which have become obsolete or wom out or which are otherwise of no further use." o Police Department Unclaimed Personal Property: is defined in Municipal Code Chapter 2.44 as "goods or chattels which are no longer possessed by their lawful owner and for which demand by right has not been asserted by such lawful owner." After a specified retention period, the Police Department may release items for distribution or disposal in accordance with Code. 1 44 of 278 TITLE: Donation of Surplus City Property and POLICY #115 Police Dept. Unclaimed Personal Property ADOPTED: June 17, 2003 AMENDED: October 8, 2013 • "Request for Donation" form: available from the City's Intranet or the Finance Department/Purchasing Division. This form provides documentation of the agency and donation, and includes a Release of Liability. Policy The City Council may authorize the donation of surplus City property, or Police Department unclaimed personal property, to municipal agencies or local, non-profit 5010)(3) organizations as defined above, consistent with Municipal Code section 2.42.040 (B)(4). The City Council may also direct the City Manager to conduct a "donation event" (see below) in the event that multiple agencies are requesting the same items. Surplus City Property: Per Municipal Code Chapter 2.42, surplus City property must Post be offered to all City Departments, before it can be disposed of in any way. Only items with avalue of under S1000 may be donated. Police Department Unclaimed Personal Property: Per Municipal Code Chapter 2.44: "If after the expiration of the applicable retention period, the city manager or his/her authorized designee determines any unclaimed property in the possession of the police department is needed for public use, such property shall be retained by the city." Once it becomes City property, the City may dispose of it in accordance to Municipal Code. Liabjlity Issues: To reduce liability, City forces will not be involved in the loading, distribution or delivery of donated items. The recipient must provide their own labor force, loading equipment and vehicles, and they must pick the iteln(s) up from wherever it is being stored. The recipient must submit a signed "Donation Request" Form which includes a Release of Liability. Gift of Public Funds: if the non-profit 501(c)(3) is a local organization, then assisting them will also assist the National City residents they serve, and the donation will benefit the community. 2 45 of 278 TITLE: Donation of Surplus City Property and POLICY #115 Police Dept. Unclaimed Personal Property ADOPTED: June 17, 2003 AMENDED: October 8, 2013 Procedures Municipal agencies and local, non-profit 501(c)(3) organizations may request donations by submitting the "Request for Donation" form to the Finance Department/Purchasing Division. The Purchasing Division will obtain City Council approval. The Finance Departinent/Purchasing Division will: • notify the City Council prior to sending anything to auction, to allow them the opportunity to consider donation instead • seek Council approval for all donation requests • develop a lottery system in the event that multiple agencies request the same item • coordinate the donation process and paperwork • provide details regarding the type of property that is available, upon request • upon approval by the City Council, make the property available to the requesting agency • verify local, non-profit 501(c)(3) status via physical proof, and website registries such as: www.guidestar.com • confirm valid business license for local non-profit 501(c)(3) agencies • ensure completion of a "Request for Donation" form and signatures • document the donation • ensure that City property tags, and other sensitive City information (hard drives, etc) have been removed from the property • notify the Finance Department to remove applicable items from the City's Fixed Asset Inventory. Related Policy References Municipal Code Chapter 2.42 Municipal Code Chapter 2.44 IRS Code 501(c)(3) Donation Request Forms are available from the Purchasing Division of the Finance Department Prior Policy Amendments April 20, 2004 3 46 of 278 2/1/2021 Chapter 2.42 - DISPOSAL OF SURPLUS CITY PROPERTY I Code of Ordinances I National City. CA I Munloode library Code of Ordinances Q < 2.36.010 - Designated. Chapter 2.44 - UNCLAIMED PROPERTY 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. Lj (Ord. 1673 § 1 (part), 1979) 47 of 278 21112021 Chapter 2.42 - DISPOSAL OF SURPLUS CRY PROPERTY I Code of Ordinances I National City. CAI Municode Library = a • 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 eiectronli 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 wit/ subsection (B)(1) of this section, and shall accept offers on behalf of the dty, 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) < 2.36.010 - Designated. Chapter 2.44 - UNCLAIMED PROir 48 of 278 UNIVERSITY POLICE DEPARTMENT Memorandum TO: City of National City FROM: Ronald Broussard, Lieutenant DATE: March 16, 2021 SUBJECT: Purchase of Police Motorcycle To Whom It May Concern: The San Diego State University Police Department (SDSU PD) has requested to purchase a 2011 Honda 1300 ST police motorcycle from the National City Police Department (NCPD) motorcycle VIN# JH@SC517BK700143. The price of this purchase is to be eight thousand dollars ($8000.00). This letter will serve as a notice of the intent to purchase the above -listed equipment. Respectfully Submitted, I- - Ronald Broussard Investigations, Traffic Motors (). "Commitment to Safety and Service" 49 of 278 3/12/2021 Select a 2011 Honda ST1300PA Trade In Value & Retail Pricing I Kelley Blue Book Home > Motorcycles > Honda > ST1300PA > 2011 > Price Your2011 Honda ST1300PAValues Trade -In Value Typical Listing Price $4,520 In Good Condition with typical mileage When purchasing from a dealer Standard engine specs: 4-Cylinders, 4-Stroke, 1261 cc View Options Shop for Your Next Motorcycle Pn ,ered by Autotrader �01' Shop for a Car or Truck Sedan SUV Luxury Truck Hybrid Hatchback Recommended For You GEIC® Electric Wagon Crossover Van/Minivan Coupe Convertible Advertisement Get Started Save on Motorcycle Insurance https:// wvw.kbb.corn/motorcycles/honde/st1300pa/2011/?pricetype=retail 50 of 278 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City approving the one (1) year ratified Agreement and Authorizing the Mayor to Execute the ratified Agreement with the Sweetwater Union High School District for partial funding of the School Resource Officer Program for FY 2021. The City of National City will be reimbursed $105,000 for FY 2021. (Police) Please scroll down to view the backup material. 51 of 278 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 20, 2021 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City approving the one (1) year ratified Agreement and Authorizing the Mayor to Execute the ratified Agreement with the Sweetwater Union High School District for partial funding of the School Resource Officer Program for FY 20 1. The City of National City will be reimbursed $105,000 for FY 2021. PREPARED BY: Alejandro Hernandez, Captain DEPARTMENT: Polio PHONE: (619) 336-4519 APPROVED BY: EXPLANATION: The National City Police Department currently assigns two police officers as School Resource Officers (SROs). SROs provide specialized campus security and general law enforcement services to the Sweetwater Union High School District and the National School District. The salaries and benefits for these SROs are funded by a joint agreement between the City of National City and the Sweetwater Union High School District. The proposed Agreement with the Sweetwater Union High School District would be retroactive to July 1, 2020 and extend through June 30, 2021. Approval and ratification agreement would allow the City of National City to continue sharing the costs of the School Resource Officer Program with the Sweetwater Union High School District. Upon approval and ratification of this item, the City of National City will be reimbursed $105,000 for FY2021 and would be paid S105,000 for FY2021. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: Revenue: 001-11108-3467 FY21 $105,000 Expenditure: 001-411-108-` ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: finance MIS STAFF RECOMMENDATION: Approve the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: • Agreement between the City of National City and the Sweetwater Union High School District Exhibit "A" Scope of Services 52 of 278 AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND SWEETWATER UNION HIGH SCHOOL DISTRICT TIIIS AGREEMENT is entered into on this July 1, 2020, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and the SWEETWATER UNION HIGH SCHOOL DISTRICT, a public entity and school district (hereinafter the "DISTRICT"). RECITALS WHEREAS, the CITY and DISTRICT (collectively referred to as the "Parties") desires to provide a safe, secure, and orderly teaching and learning environment for all students and staff within Sweetwater Union High School District and the City of National City by protecting life and property. WHEREAS, the Parties have decided to undertake responsibilities and expectations to achieve mutual goals and objectives to protect the teaching and learning environment. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement will become effective on July 1, 2020. The duration of this Agreement is for the period of July 1, 2020 through June 30, 2021. Completion dates or time durations for specific portions of the project are set forth in Exhibit "A". This Agreement may be extended by mutual agreement upon the same terms and conditions for an additional one (1) year term. The Parties may exercise up to one (1), one-year extension. Any extension of this Agreement must be approved in writing by the Chief of Police, and on behalf of the DISTRICT by Chief Financial Officer Dr. Jenny Salkeld. 2. SCOPE OF SERVICES. The CITY and the DISTRICT agree to perform the services set forth as attached in the SCOPE OF SERVICES, attached as "Exhibit A" hereto, in accordance with all terms and conditions contained herein. To the extent that there are any inconsistencies between the Agreement and "Exhibit A", this Agreement controls. 3. PROJECT COORDINATION AND SUPERVISION. The Community Services Sergeant hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The DISTRICT hereby assigns the Chief of Educational Equity to provide supervision and have overall responsibility for the progress and execution of this Agreement for the DISTRICT. 4. COMPENSATION AND PAYMENT. The total compensation from the DISTRICT to the CITY shall be the flat fee of one -hundred -five -thousand dollars ($105,000) for the period of July 1, 2020 through June 30, 2021 ., upon invoicing, following execution of the Agreement and ratification by the Board of Trustees. 53 of 278 5. ACCEPTABILITY OF WORK. Either party may request an informal meeting to discuss any concern regarding compliance with the Roles and Responsibilities listed in Exhibit "A". Parties agree to conduct such meeting no later than 10 working days after the request. 6. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint ventures with one another. Neither the DISTRICT nor the DISTRICT'S employees are employees of the CITY, and are not entitled to any of the rights, benefits, or privileges of the CITY'S employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. Neither this Agreement nor any interest herein may be assigned by the DISTRICT without the prior written consent of the CITY. 7. CONTROL. Neither the DISTRICT nor its officers, agents, or employees shall have any control over the conduct of the CITY or any of the CITY'S employees, except as herein set forth, and the CITY or the CITY' S agents, servants, or employees are not in any manner agents, servants, or employees of the DISTRICT, it being understood that the CITY its agents, servants, and employees are as to the DISTRICT wholly independent, and that the CITY'S obligations to the DISTRICT are solely such as are prescribed by this Agreement. 8. COMPLIANCE WITH APPLICABLE LAW. The CITY AND DISTRICT, in the performance of the services to be provided herein, shall comply with all applicable state and federal statutes and regulations, and all applicable ordinances, rules, and regulations of the CITY whether now in force or subsequently enacted. Similarly, the CITY shall commit to complying the DISTRICT board policies regarding confidentiality, FERPA, and not sharing information obtained from the DISTRICT with Department of Homeland Security unless required by law or a court of competent jurisdiction. 9. LICENSES, PERMITS, ETC. The CITY and DISTRICT represent and covenant that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CITY and DISTRICT represent and covenant that the DISTRICT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CITY or DISTRICT to practice its profession. 10. STANDARD OF CARE. The CITY and DISTRICT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CITY'S and DISTRICT'S trade or profession currently practicing under similar conditions and in similar locations. 11. NON-DISCRIMINATION PROVISIONS. The Parties shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The Parties will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical Page 2 of 11 City of National City and Sweetwater Union HSD 54 of 278 handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Parties agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY or DISTRICT setting forth the provisions of this non-discrimination clause. 12. CONFIDENTIAL INFORMATION. The Parties may from time to time communicate between or amongst each other, or be in possession of, certain confidential information. Parties agree to comply with all student confidentiality requirements, including the Family Educational Rights and Privacy Act (FERPA) and related California law. Such confidential information shall not be disclosed unless required by federal, state or local law. Upon receipt of any request for confidential information by a third party, the Parties agree to advise each other of such request and their subsequent response to such request. The Parties are each subject to the Public Records Act and this provision is not intended to impede or impair the requirements or obligations under that Act. 13. NO INDEPENDENT BASIS FOR LIABILITY. Nothing herein shall create, by this or other understanding between the parties, an independent basis for liability of the CITY to either the DISTRICT or to a third party for failing to respond or for responding to a call for police services in a dilatory or negligent manner. The CITY'S liability, if any it may have, shall be that as determined by law without regard to the existence of this Agreement. 14. INDEMNIFICATION AND HOLD HARMLESS. The CITY and DISTRICT agrees to defend, indemnify and hold harmless the other party, its officers, officials, agents, employees, and volunteers against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the other party's performance or other obligations under this Agreement; provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the other party, its agents, officers, employees or volunteers. Parties will cooperate reasonably in the defense of any action, and both parties shall employ competent counsel, reasonably acceptable to the other party. The indemnity, defense, and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement. 15. WORKERS' COMPENSATION. The Parties shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar State or federal acts or laws applicable; and shall indemnify, and hold harmless the other party and its officers, employees, and volunteers from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the other party or its officers, employees, or volunteers, for or on account of any liability under any of Page 3 of 11 City o&National City and Sweetwater Union HSD 55 of 278 said acts which may be incurred by reason of any work to be performed by the other party under this Agreement. 16. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. 17. TERMINATION. A. This Agreement may be terminated with or without cause by either Party. Termination without cause shall be effective only upon 60-day's written notice to either Party. During said 60-day period the CITY shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by either Party for cause in the event of a material breach of this Agreement, misrepresentation by either Party in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the Agreement. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to either Party as provided for herein. 18. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: Chief of Police National City Police Department City of National City 1243 National City Boulevard National City, CA 91950-4397 To DISTRICT: Chief Financial Officer Page 4 of 11 City of National City and Sweetwater Union IISD 56 of 278 Sweetwater Union High School District 1130 Fifth Avenue Chula Vista, CA. 91911-2896 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 19. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state, or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. To the extent any exhibits, schedules, or provisions thereof conflict or are inconsistent with the terms and conditions contained in this Agreement, the terms and conditions of this Agreement shall control. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Assignment. & Assumption of Rights. DISTRICT shall not assign this Agreement, in whole or in part, to any other party without first obtaining the written consent of CITY. H. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. I. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. J. Audit. If this Agreement exceeds ten -thousand dollars ($10,000), the parties shall be subject to the examination and audit of the State Auditor for a period of three (3) years after final payment under the Agreement, per Government Code Section 8546.7. K. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the Page 5of11 City of National City and Sweetwater Union HSD 57 of 278 parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. L. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. M. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IEND OF AGREEMENT — SIGNATURES APPEAR ON NEXT PAGE] Page 6 of 11 City of National City and Sweetwater Union I-1 S D 58 of 278 IN WITNESS WIIEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY SWEETWATER UNION HIGH SCHOOL DISTRICT By: By: Alejandra Sotelo-Solis, Mayor Jenny Salkeld Chief Financial Officer Date Ratified by City Date Ratified by Governing Council: Board: APPROVED AS TO FORM: Charles E. Bell, Jr. City Attorney By: Jennifer Carbuccia General Counsel By: Page 7 of 11 City of National City and Sweetwater Union HSD 59 of 278 EXHIBIT A SCOPE OF SERVICES MISSION STATEMENT: It is the mission of the Sweetwater Union High School District in concert with the National City Police Department to provide a safe, secure, orderly teaching and learning environment for all students and staff within the Sweetwater Union High School District and the City of National City by protecting life and property. Ensuring the safety of students and staff on school campuses in National City is a priority to the school administration and the Police Department. Campus security will be increased by the presence of police officers who will interact with the students in both a positive and proactive manner. Police officers on campus will help improve relations between the Police Department and the youth of the community. Police officer availability shall be determined at the sole discretion of the Chief of Police of the National City Police Department. As a result, the Sweetwater Union High School District and the City of National City Police Department agree to undertake the following responsibilities and expectations to achieve these mutual objectives. A. SCHOOL DISTRICT'S ROLE AND RESPONSIBILITY 1. Ensure student welfare portal to portal; 2. Develop procedures to handle campus safety issues; 3. Develop emergency response procedures; 4. Develop a School Safety Plan; 5. Work with CITY to select any new School Resource Officer being assigned to DISTRICT; 6. Establish and follow procedures for referring School Resource Officer involvement; and 7. Cooperate with and support in a proactive manner with the City of National City Police Department School Resource Officers efforts to work with students, school personnel, parents and the community. B. SCHOOL RESOURCE OFFICERS' ROLE AND RESPONSIBILITY 1. To provide prevention/intervention by: Page 8 of 11 City of National City and Sweetwater Union HSD 60 of 278 a. Providing a visible uniform police officer presence on the campuses of the Sweetwater Union High School District located in National City. b. Developing classroom and faculty presentations related to the youth and the law when requested. c. Hold at least one (1) jointly -planned DISTRICT student forum regarding the role of school policing, including review of relevant DISTRICT impact data as agreed to by the parties. d. Hold at least two (2) jointly -planned DISTRICT community forums regarding community policing and safety, including review of relevant school and community impact data as agreed to by the parties. e. Attending parent conferences/meetings as available f Attending Student Attendance Review Board (S.A.R.B.) meetings as available. g. Scheduling security activities as needed. h. Respond to all law enforcement related matters as they occur during regular school hours when available. i. Attend various sporting events and school activities as needed for proactive enforcement and interaction. Any overtime that is required for any events, activities, meetings, etc., will be paid for by the DISTRICT per the MOU j. Documenting all incidents of crime as per Department regulations. k. Assisting with developing and revising school security procedures and emergency response drills. 1. Assisting the school's safety committee in developing the School Safety Plan. m. Comply with all student confidentiality requirements, including the Family Educational Rights and Privacy Act and related California law. n. Treat all individuals with fairness, respect and dignity in equally enforcing the laws and providing equal service to the public, regardless of immigration status, race, ethnicity, gender, religious beliefs or any other protected class. o. Not enforce immigration laws. p. Not gather, share or distribute any information related to any student's (or student's family members) immigration status for the purposes of immigration enforcement. 2. To continue to work with: a. Community agencies; and b. Parent/teacher groups as needed throughout the affected schools. Page 9 of 11 City o&National City and Sweetwater Union FISD 61 of 278 3. Liaison with National City Police Department personnel who are investigating criminal cases/reports or criminal activity within the affected schools. 4. Continue to work with school staff and District personnel in matters of mutual concern such as: a. Education and Training b. Prevention and intervention in the areas of alcohol and drug use on campus c. Safety of students and staff on campus d. Gang -related violence and crime e. Campus intrusion, and loss and/or damage to property 5. Follow all Police Department Policies (DOP) regarding role, responsibility and officer conduct. C. SPAN OF CONTROL/JURISDICTION: Prevention, education, training and proactive activities will take place at Sweetwater High School, Granger Junior High School and National City Middle School located in the City of National City. D. RESOURCE: Resource and local management will be coordinated at: Chief Financial Officer Sweetwater Union High School District 1130 Fifth Avenue Chula Vista, CA. 91911-2896 Chief of Police National City Police Department 1200 National City Boulevard National City, CA. 91950 E. COST: One (1) officer will be funded jointly by the National City School District and the Sweetwater Union High School District and one (1) officer will be funded by the City of National City (Police Department). The Sweetwater Union High School District will contribute to this effort as set forth in Section 4 of this Agreement. If the Agreement is canceled as herein permitted, the CITY shall return forthwith to the DISTRICT, the portion of such payment allocable to the period of the term subsequent to the effective date of cancellation. The total compensation from the DISTRICT to the CITY shall be the flat fee of one - hundred -five -thousand dollars ($105,000) for the period of July 1, 2020 through June 30, 2021, upon invoicing, following execution of the agreement and ratification by the Board Page 10 of 11 City of National City and Sweetwater Union HSD 62 of 278 of Trustees. The Agreement may be extended by mutual agreement upon the same terms and conditions. The Parties may exercise up to one (1), one-year term extension. Any extension of this Agreement must be approved in writing by the Chief of Police, and on behalf of the DISTRICT by Chief Financial Officer Dr. Jenny Salkeld. Page 11 of 11 City of National City and Sweetwater Union HSD 63 of 278 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City: 1) accepting the work performed by Portillo Concrete Inc. for the Palm Avenue Road Rehabilitation Project, CIP No. 19-05; 2) approving the final contract amount of $1,006,975.46; 3) ratifying the release of retention in the amount of $25,318.36; and 4) authorizing the Mayor to sign the Notice of Completion for the project. (Engineering/Public Works) Please scroll down to view the backup material. 64 of 278 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 20, 2021 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City, 1) accepting the work performed by Portillo Concrete Inc. for the Palm Avenue Road Rehabilitation Project, CIP No. 19-05; 2) approving the final contract amount of $1,006,975.46; 3) ratifying the release of retention in the amount of $25,318.36; and 4) authorizing the Mayor to sign the Notice of Completion for the project. PREPARED BY: Luca Zappiello, Assistant Engineer - Civil DEPARTMENT: Engine 'i Public ► orks PHONE: 619-336-4360 EXPLANATION: See attached. FINANCIAL STATEMENT: ACCOUNT NO. .)-', APPROVED BY: APPROVED: APPROVED: MIS This project has been completed. No further financial statements or appropriations are required. ENVIRONMENTAL REVIEW: Caltrans Determination of Categorical Exclusion under 23 CFR 771.117(c): activity (c)(3), approved June 4, 2019. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt Resolution accepting the work performed by Portillo Concrete Inc. for the Palm Avenue Road Rehabilitation Project, CIP No. 19-05 and approving the final contract amount of $1,006,975.46. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Notice of Completion 3. Final Contract Balance Report 4. Resolution 65 of 278 EXPLANATION The Palm Avenue Road Rehabilitation project provided a 2" grind and overlay on 1.1 miles of Palm Avenue from Division Street to E. 18th Street within the existing right --of way, and upgraded ADA ramps to the current standard within the project limits, as well as addressed damaged cross gutter, and curb and gutter. The project also improved pedestrian crossings through the installation of accessibility enhancements at the following intersections: 1) Palm Avenue & E. 1st Street 2) Palm Avenue & E. 14th Street 3) Palm Avenue & E. 7th Street 4) Laurel Avenue & E. 1st Street 5) Norton Avenue & E. 1st Street On November 7, 2019, the bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors. On November 14, 2019 and November 18, 2019, the bid solicitation was advertised in local newspapers. On December 2, 2019, nine (9) bids were received by the 2:00 p.m. deadline. PortiFlo Construction Inc. was the apparent lowest bidder with a total bid amount of $1,040,000,00. Upon review of all documents submitted, Portillo Construction's bid was deemed responsive, and they were the lowest responsible bidder qualified to perform the work as described in the project specifications. On January 21, 2020, the City Council adopted Resolution No. 2020-10, awarding the contract to PAL General Engineering Inc., in an amount not to exceed $1,040,000.00. The Notice to Proceed with construction was issued on January 22, 2020. Construction started on February 11, 2020 and was completed on December 16, 2020. The change orders issued for this project are detailed in the Final Contract Balance Report (see attachment). The change orders increased the contract amount by $29,901.60. However, the line -item adjustments resulted in a decrease of $62,926,14 for a net decrease of the final contract amount of $33,024.54, This resulted in approximately 0.5% contract decrease for a final contract balance of $1,006,975.46. As result of the satisfactory completion of the project, staff recommends that City Council, 1) accept the work performed by Portillo Construction Inc. for the Palm Avenue Road Rehabilitation project, CIP No. 19-05; 2) approve the final contract amount of $1,006,975,46; 3) ratify the release of retention in the amount of $25,318.36; and 4) authorize the Mayor to sign the Notice of Completion for the project. The Notice of Completion will be filed with the San Diego County Recorder's Office. 66 of 278 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: NAME: CITY OF NATIONAL CITY ADDRESS: 243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950 NOTICE OF COMPLETION CALIFORNIA CIVIL CODE SECTION 3093 NOTICE IS HEREBY GIVEN of the completion on December 16, 2020 of the: Palm Avenue Road Rehabilitation project, CIF No. 19-05 Work of improvement or portion of work of improvement under construction or alteration. 1243 National City Blvd National City CA 91950 Street Address City State Zip Code The undersigned owns the following interest or estate in said property: Owner in fee Nature of the interest or estate of owner (mortgagor, lessee, etc.) Said work of improvement was performed on the property pursuant to a contract with Portillo Concrete, Inc. Name of Original Contractor The following work and material were supplied: Labor provided: General Laborer. Materials: concrete, asphalt, traffic control supplies. Equipment: concrete equipment, paving equipment General statement of kind of labor, services, equipment or materials The names and addresses of co -owners are: N/A Dated: April 20, 2021; Joint tenants, tenants in common, or other owners Signature of Owner City of National City, 1243 National City Blvd., National City, CA 91950 I, the undersigned, say: I have read the foregoing Notice of Completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the forgoing is true and correct. Executed on April 20, 2021 at, National City, California. Signature: Alejandra Sotelo-Solis, MAYOR Noc09-05 67 of 278 CALIFORNIA -* NATIONAL GU ( ^ram a e v "-- (NCORPORATED FINAL CONTRACT BALANCE DATE: April 5, 2021 PROJECT: Palm Ave. Road Rehabilitation FY 19-20 CIP No. 19-05 TO: Portillo Concrete, Inc. 3527 Citrus St. Lemon Grove, CA 91945 ORIGINAL CONTRACT AMOUNT: START DATE: COMPLETION DATE: ORIGINAL CONTRACT LENGTH: EXTENTION OF WORK DAYS: WORKING DAYS SUSPENDED: TOTAL CONTRACT TIME: DESCRIPTION: $1,040,000.00 February 11, 2020 December 16, 2020 80 Working Days 5 Working Days 137 Working Days 222 Working Days The Final Contract Balance reports final line -item amounts and summarizes all change orders to produce a final contract amount. CHANGE ORDERS AND LINE -ITEM ADJUSTMENTS: Change Order #1 directed the contractor to work around an encountered an unknown retaining wall foundation at 14th and Palm which created a delay on the site. The staked elevations would not work and the crew was required to remove and reset forms to revised elevations as -built in the field. This Change Order total amount was $ 1,668.00. Change Order #2 directed the contractor to substitute the natural grey concrete with a broom finish originally specified for use in the pedestrian passageway median on 1st and Palm with a beige random stone stamped concrete to match other medians throughout the city. This Change Order total amount was $ 3,000.00. Change Order #3 directed the contractor to install vehicle detection loops and conduit on 16th at Palm per the Palm Ave. and 16th vehicle detection loops plan provided by STC. This Change Order total amount was $ 9,811.20. 68 of 278 FINAL CONTRACT BALANCE Palm Avenue Road Rehabilitation project — CIP 19-05 Change Order #4 directed the contractor to install a new 2" advanced loop conduit from the existing advance loop pull box to the DLC splice box along with installing a new DLC. The Change Order total amount was $ 15,422.40. All Change Orders listed above increased the total contract amount by $29,901.60. Line -item adjustments per the attached FINAL BILLING STATEMENT resulted in a decrease of $ 62,926.14. CONTRACT ADJUSTMENT: As a result of the above change orders and line -item adjustments, the contract price is adjusted as follows: 1. The contract price with change order and line items is adjusted to $1,006,975.46. 2. As a result of the satisfactory completion of said project, a final retention amount of $25,318.36 is set for invoice processing and payment upon the receipt of signatures and City Council's ratification of this agreement and the Notice of Completion. This document and its purpose to balance payment shall be considered full compensation for furnishing and installing the materials, labor, tools and equipment, profit, overhead, and all incidentals for performing the work described above. Portillo Concrete, Inc. will not be entitled to damages or additional payment for delays as described in the 2018 edition of the Standard Specifications for Public Works Construction, Section 6-6.3, for performing the work as described above. 69 of 278 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City: 1) accepting the work performed by PAL General Engineering Inc. for the E. 16th Street Road Rehabilitation Project, CIP No. 19-38; 2) approving the final contract amount of $180,275.60; 3) ratifying the release of retention in the amount of $9,013.78; and 4) authorizing the Mayor to sign the Notice of Completion for the project. (Engineering/Public Works) Please scroll down to view the backup material. 70 of 278 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 20, 2021 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City, 1) accepting the work performed by PAL General Engineering Inc. for the E. 16th Street Road Rehabilitation Project, CIP No. 19-38; 2) approving the final contract amount of $180,275.60; 3) ratifying the release of retention in the amount of $9,013.78; and 4) authorizing the Mayor to sign the Notice of Completion for the project. PREPARED BY: Luca Zappiello, Assistant Engineer - Civil DEPARTMENT: Engin- -ri r ./Public Works PHONE: 619-336-4360 EXPLANATION: See attached. APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: finance MIS This project has been completed. No further financial statements or appropriations are required. ENVIRONMENTAL REVIEW: A CEQA Notice of Exemption was filed with the County Recorder's Office December 17, 2020. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt a Resolution accepting the work performed by PAL General Engineering Inc. for the E. 16th Street Road Rehabilitation Project, CIP No. 19-38 and approving the final contract amount of $180,275.60. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Notice of Completion 3. Final Contract Balance Report 4. Resolution I/1 OT Lf 1 EXPLANATION The E. 16th Street Road Rehabilitation project provided a 2" grind and overlay on 0.4 miles of E. 16th Street from ' N" Avenue to Interstate-805 within the existing right -of way, and upgraded ADA ramps to the current standard within the project limits, as well as addressed damaged cross gutters, curbs and gutters. The project also improved pedestrian crossings through the installation of accessibility enhancements at the following intersections: 1) E. 16th Street & E. Sheryl Lane 2) E. 16th Street & "Q" Avenue On November 27, 2019, the bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors. On December 3, 2019 and December 9, 2019, the bid solicitation was advertised in local newspapers. On December 17, 2019, six (6) bids were received by the 11:00 a.m. deadline. PAL General Engineering Inc. was the apparent lowest bidder with a total bid amount of $198,832.00. Upon review of all documents submitted, PAL General Engineering's bid was deemed responsive, and they were the lowest responsible bidder qualified to perform the work as described in the project specifications. On February 4, 2020, the City Council adopted Resolution No. 2020-16, awarding the contract to PAL General Engineering Inc., in an amount not to exceed $198,832.00. The Notice to Proceed with construction was issued on April 27, 2020. Construction started on May 11, 2020 and was completed on June 18, 2020. There was only one change order issued for this project, resulting in a credit to the City in the amount of $2,500.00. Line item adjustments resulted in a decrease of $16,056.40, for a net decrease of $18,556.40 to the contract. This results in a 9.3% contract decrease for a final contract balance of $180,275.60. As result of satisfactory completion of the project, staff recommends that City Council, 1) accept the work performed by PAL General Engineering Inc. for the E. 16th Street Road Rehabilitation project, CIP No. 19-38; 2) approve the final contract amount of $180,275.60; 3) ratify the release of retention in the amount of $9,013.78; and 4) authorize the Mayor to sign the Notice of Completion for the project. The Notice of Completion will be filed with the San Diego County Recorder's Office. 72 of 278 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: NAME: CrfY OF NATIONAL CITY ADDRESS: 243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950 NOTICE OF COMPLETION CALIFORNIA CIVIL CODE SECTION 3093 NOTICE IS HEREBY GIVEN of the completion on June 18, 2020 of the: E. 16th Street Road Rehabilitation project. CIP No. 19-38 Work of improvement or portion of work of improvement under construction or alteration. 1243 National City Blvd National City CA 91950 Street Address City State Zip Code The undersigned owns the following interest or estate in said property: Owner in fee Nature of the interest or estate of owner (mortgagor, lessee, etc.) Said work of improvement was performed on the property pursuant to a contract with PAL General Engineering, Inc. Name of Original Contractor The following work and material were supplied: Labor provided: General Laborer. Materials: concrete, asphalt, traffic control supplies. Equipment: concrete equipment, paving equipment General statement of kind of labor, services, equipment or materials The names and addresses of co -owners are: N/A Dated: April 20, 2021; Joint tenants, tenants in common, or other owners Signature of Owner City of National City, 1243 National City Blvd., National City, CA 91950 I, the undersigned, say: I have read the foregoing Notice of Completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of petjury that the forgoing is true and correct. Executed on April 20, 2021 at, National City, California. Signature: Alejandra Sotelo-Solis, MAYOR NrnA9.05 73 of 278 CALIFORNIA NATIONAL Gl r _ INCORPORATED FINAL CONTRACT BALANCE DATE: April 5, 2021 PROJECT: E. 16th Street Road Rehabilitation FY 19-20 & 20/21 CIP No. 19-38 TO: PAL General Engineering Inc. 10675 Treena St. San Diego, CA 92131 ORIGINAL CONTRACT AMOUNT: START DATE: COMPLETION DATE: ORIGINAL CONTRACT LENGTH: EXTENTION OF WORK DAYS: WORKING DAYS SUSPENDED: TOTAL CONTRACT TIME: DESCRIPTION: $198,832.00 May 11, 2020 June 18, 2020 20 Working Days 0 Working Days 10 Working Days 19 Working Days The Final Contract Balance reports final line item amounts and summarizes all change orders to produce a final contract amount. CHANGE ORDERS AND LINE ITEM ADJUSTMENTS: Change Order #1 provided a credit to the City and an extended warranty for Asphalt used that was not previously approved. This Change Order total amount was -$ 2,500.00. All Change Orders listed above decreased the total contract amount by $2,500.00. Line item adjustments per the attached FINAL BILLING STATEMENT resulted in a decrease of $16,056.40. CONTRACT ADJUSTMENT: As a result of the above change orders and line item adjustments, the contract price is adjusted as follows: 1. The contract price with change order and line items is adjusted to $180,275.60. 74 of 278 FINAL CONTRACT BALANCE E. 16th Road Rehabilitation Project Specification No. 19-38 2. As a result of the satisfactory completion of said project, a retention amount of $9,013.78 is set for invoice processing and payment upon the receipt of signatures and City Council's ratification of this agreement and the Notice of Completion. This document and its purpose to balance payment shall be considered full compensation for furnishing and installing the materials, labor, tools and equipment, profit, overhead, and all incidentals for performing the work described above. PAL General Engineering Inc. will not be entitled to damages or additional payment for delays as described in the 2018 edition of the Standard Specifications for Public Works Construction, Section 6-6.3, for performing the work as described above. 75 of 278 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City: 1) accepting the work performed by Next Stage Engineering for the City Hall Ceiling Replacement project, CIP No. 19-53; 2) approving the final contract amount of $461,746.46; 3) ratifying the release of retention in the amount of $20,090.00; and 4) authorizing the Mayor to sign the Notice of Completion for the project. (Engineering/Public Works) Please scroll down to view the backup material. 76 of 278 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 20, 2021 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City, 1) accepting the work performed by Next Stage Engineering for the City Hall Ceiling Replacement project, CIP No. 19-53; 2) approving the final contract amount of $461,746.46; 3) ratifying the release of retention in the amount of $20,090.00; and 4) authorizing the Mayor to sign the Notice of Completion for the project. PREPARED BY: Luca 7appielln Assistant Engineer - Cavil DEPARTMENT• EnQi :-r. • 'Ub1ic Works . APPROVED BY: PHONE: 619-336-4312 EXPLANATION: See attached. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: MIS This project has been completed. No further financial statements or appropriations are required. ENVIRONMENTAL REVIEW: Categorical Exemption under CEQA Guidelines. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt a Resolution accepting the work performed by Next Stage Engineering for the City Hall Ceiling Replacement project, CIP No. 19-53 and approving the final contract amount of $461,746.46. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Notice of Completion 3. Final Contract Balance Report 4. Resolution 77 of 278 EXPLANATION The. City Hall Ceiling Replacement Project will consist of the removal and replacement of the existing ceiling grid and tiles on the 2nd, 1st, and basement floors of City Hall. The project will also provide new updated light fixtures, HVAC registers and fire suppression sprinkler modifications as necessary, to tie into the new ceiling system. On December 5, 2019, the bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors. On December 9, 2019 and December 11, 2019, the bid solicitation was advertised in local newspapers. On December 19, 2019, two (2) bids were received by the 10:00 a.m. deadline. Next Stage Engineering was the apparent lowest bidder with a total bid amount of $401,800. Upon review of all documents submitted, Next Stage Engineering's bid was deemed responsive, and they are the lowest responsible bidder qualified to perform the work as described in the project specifications. On January 21, 2020, the City Council adopted Resolution No. 2020-04, awarding the contract to Next Stage Engineering, in an amount not to exceed $401,800.00. The Notice to Proceed with construction was issued on February 3, 2020. Construction started on February 17, 2020 and was completed on April 16, 2020. However, after completion of construction, the project was unable to be closed out since Next Stage Engineering took several months to complete the administrative paperwork. The change orders issued for this project are detailed in the Final Contract Balance Report (see attachment). The change orders increased the contract by $59,946.46. This resulted in a 14.9% contract increase for a final contract balance of $461,746.46. As result of satisfactory completion of the project, staff recommends that City Council, 1) accept the work performed by Next Stage Engineering for the City Hall Ceiling Replacement project, CIP No. 19-53; 2) approve the final contract amount of $461,746.46; 3) ratify the release of retention in the amount of $20,090.00; and 4) authorize the Mayor to sign the Notice of Completion for the project. The Notice of Completion will be filed with the San Diego County Recorder's Office. 78 of 278 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: NAME: CITY OF NATIONAL CITY ADDRESS: 243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950 NOTICE OF COMPLETION CALIFORNIA CIVIL CODE SECTION 3093 NOTICE IS HEREBY GIVEN of the completion on April 16, 2020 of the: City Hall Ceiling Replacement project, CIP No. 19-53 Work of improvement or portion of work of improvement under construction or alteration. 1243 National City Blvd National City CA 91950 Street Address City State Zip Code The undersigned owns the following interest or estate in said property: Owner in fee Nature of the interest or estate of owner (mortgagor, lessee, etc.) Said work of improvement was performed on the property pursuant to a contract with Next Stage Engineering Name of Original Contractor The following work and material were supplied: Labor provided: ceiling tile installers, fire watch. Materials: ceiling tiles General statement of kind of labor, services, equipment or materials The names and addresses of co -owners are: N/A Dated: April 20, 2021; Joint tenants, tenants in common, or other owners Signature of Owner City of National City, 1243 National City Blvd., National City, CA 91950 I, the undersigned, say: I have read the foregoing Notice of Completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the forgoing is true and correct. Executed on April 20, 2021 at, National City, California. Signature: Alejandro Sotelo-Solis, MAYOR Noc0A05 79 of 278 CALIFORNIA �+ NATIONAL Orr NCORPORATF%D FINAL CONTRACT BALANCE DATE: April 5, 2021 PROJECT: City Hall Ceiling Replacement FY 19-20 CIP No. 19-53 TO: Next Stage Engineering 516 W Shaw Avenue, Suite 200 Fresno, CA 93704 ORIGINAL CONTRACT AMOUNT: START DATE: COMPLETION DATE: ORIGINAL CONTRACT LENGTH: EXTENTION OF WORK DAYS: WORKING DAYS SUSPENDED: TOTAL CONTRACT TIME: DESCRIPTION: $401,800.00 February 17, 2020 April 16, 2020 30 Calendar Days 21 Working Days 10 Working Days 44 Working Days The Final Contract Balance reports final line -item amounts and summarizes all change orders to produce a final contract amount. CHANGE ORDERS AND LINE -ITEM ADJUSTMENTS: Change Order #1 requesting an additional 1,450 sq ft of ceiling tiles from the original scope of work. This Change Order total amount was $ 12,205.00. Change Order #2 for installation of cable hook and materials in the basement, first and second floors. This Change Order total amount was $ 13,380.00. Change Order #3 to hire a subcontractor with contractor license C-16 in order to bring the fire suppression system back to code, replacing 15-30 fire sprinkler heads and test/certification of the system. This Change Order total amount was $ 17,753.00. Change Order #4 for additional 7 days of fire watch. This Change Order total amount was $ 12,013.96. Change Order #5 for the installation of wall vertical bracing at the basement floor in order to meet the minimum Building Code requirement. This Change Order total amount was $ 1,000.00. 80 of 278 FINAL CONTRACT BALANCE City Hall Ceiling Replacement—CIP 19-53 Change Order #6 to add an additional day of fire watch and repair the door at the basement floor in order to meet the Fire Code. This Change Order total amount was $ 3,594.50. All Change Orders listed above increased the total contract amount by $59,946.46. CONTRACT ADJUSTMENT: As a result of the above change orders and line -item adjustments, the contract price is adjusted as follows: 1. The contract price with change order and line items is adjusted to $461,746.46. 2. As a result of the satisfactory completion of said project, a final retention amount of $20,090.00 is set for invoice processing and payment upon the receipt of signatures and City Council's ratification of this agreement and the Notice of Completion. This document and its purpose to balance payment shall be considered full compensation for furnishing and installing the materials, labor, tools and equipment, profit, overhead, and all incidentals for performing the work described above. Next Stage Engineering will not be entitled to damages or additional payment for delays as described in the 2018 edition of the Standard Specifications for Public Works Construction, Section 6-6.3, for performing the work as described above. 81 of 278 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City: 1) approving the following projects proposed to receive funding from the Road Maintenance and Rehabilitation Account (RMRA) through the Local Streets and Roads Funding Program as required by Senate Bill 1, the Road Repair and Accountability Act of 2017: A) National City Blvd Street Resurfacing, B) E. Plaza Blvd Street Resurfacing, C) E. 16th Street Resurfacing, and D) Mann Avenue Street Resurfacing; and 2) authorizing the establishment of a Gas Tax Fund appropriation of $1,217,771 for Fiscal Year 2021 and corresponding revenue budget for receipt of RMRA funds. (Engineering/Public Works) Please scroll down to view the backup material. 82 of 278 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: !April 20, 20211 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City, 1) approving the following projects proposed to receive funding from the Road Maintenance and Rehabilitation Account (RMRA) through the Local Streets and Roads Funding Program as required by Senate Bill 1, the Road Repair and Accountability Act of 2017: A) National City Blvd Street Resurfacing, B) E. Plaza Blvd Street Resurfacing, C) E. 16th Street Resurfacing, and D) Mann Avenue Street Resurfacing; and 2) authorizing the establishment of a Gas Tax Fund appropriation of $1,217,771 for Fiscal Year 2021 and corresponding revenue budget for receipt of RMRA funds. PREPARED BY: Jose Lopez, D PHONE: 619-336-4312 EXPLANATION: See attached. ity Engineer DEPARTMENT: lEngi APPROVED BY: P blic Works FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. I APPROVED: Revenue Account: 109-00000-3416 (Gas Tax, SHC Sec 2030 RMRA) - $1,217,771 Expenditure Account: 109-409-500-498-6035 (Street Resurfacing) - $1,217,771 ENVIRONMENTAL REVIEW: A Categorical Exemption will be filed prior to starting construction. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: !Adopt Resolution approving a list of projects proposed to receive funding from the RMRA, and establishing budget appropriations and corresponding revenue budget. BOARD / COMMISSION RECOMMENDATION: Nlf ATTACHMENTS: 1. Explanation wl attachments 2. Resolution 83 of 2781 Explawtation On April 28, 2017, Governor Brown signed State Senate Bill (SB) 1 (Beall, Chapter 5, Statutes of 2017), which is known as the Road Repair and Accountability Act of 2017. To address basic road maintenance, rehabilitation and critical safety needs on both the state highway and local streets and road system, SB 1: increases per gallon fuel excise taxes; increases diesel fuel sales taxes and vehicle registration fees; and provides for inflationary adjustments to tax rates in future years. On November 1, 2017, the State Controller (Controller) began the process of depositing various portions of this new funding into the newly created Road Maintenance and Rehabilitation Account (RMRA). A percentage of this new RMRA funding is apportioned by formula to eligible cities and counties pursuant to Streets and Highways Code (SHC) Section 2032(h) for basic road maintenance, rehabilitation, and critical safety projects on the local streets and roads system. The State Department of Finance has published revised revenue projections for cities and counties. National City is eligible to receive up to $1,217,771 in RMRA funds for FY 2022 (see attached revenue projections). SB 1 emphasizes the importance of accountability and transparency in the delivery of California's transportation programs. Therefore, in order to be eligible for RMRA funding, statute requires cities and counties to provide basic annual RMRA project reporting to the California Transportation Commission (Commission). SHC Section 2032.5(a) articulates the general intent of the legislation that recipients of RMRA funding be held accountable for the efficient investment of public funds to maintain local streets and roads and are accountable to the people through performance goals that are tracked and reported. Pursuant to SHC Section 2030(a), the objective of the Local Streets and Roads Program is to address deferred maintenance on the local streets and roads system through the prioritization and delivery of basic road maintenance and rehabilitation projects as well as critical safety projects. Cities and counties receiving RMRA funds must comply with all relevant federal and state laws, regulations, policies, and procedures. The main requirements for the program are codified in SHC Sections 2034, 2036, 2037, and 2038 and include the following: • Prior to receiving an apportionment of RMRA funds from the Controller in a fiscal year, a city or county must submit to the Commission a list of projects proposed to be funded with these funds. All projects proposed to receive funding must be included in a city or county budget that is adopted by the applicable city council or county board of supervisors at a regular public meeting [SHC 2034(a)(1)]. • The list of projects must include a description and the location of each proposed project, a proposed schedule for the project's completion, and the estimated useful life of the improvement [SHC 2034(a)(1)}. • The project list does not limit the flexibility of an eligible city or county to fund projects in accordance with local needs and priorities so long as the projects are consistent with RMRA priorities as outlined in SHC 2030(b) [SHC 2034(a)(1)]. • The Commission will report to the Controller the cities and counties that have submitted a list of projects as described in SHC 2034(a)(1) and that are therefore 84 of 278 eligible to receive an apportionment of RMRA funds for the applicable fiscal year [SHC 2.034(a)(2)]. • The Controller, upon receipt of the report from the Commission, shall apportion RMRA funds to eligible cities and counties pursuant to SHC 2032(h) [SHC 2034(a)(2)]. • For each fiscal year in which RMRA funds are received and expended, cities and counties must submit documentation to the Commission that includes a description and location of each completed project, the amount of funds expended on the project, the completion date, and the estimated useful life of the improvement [SHC 2034(b)]. • A city or county receiving an apportionment of RMRA funds is required to sustain a maintenance of effort (MOE) by spending at least the annual average of its general fund expenditures during the 2009-10, 2010-11, and 2011-12 fiscal years for street, road, and highway purposes from the city's or county's general fund [SHC 2036]. • A city or county may spend its apportionment of RMRA funds on transportation priorities other than priorities outlined in SHC 2030(b) if the city or county's average Pavement Condition Index (PCI) meets or exceeds 80 [SHC 2037]. • By July 1, 2023, cities and counties receiving RMRA funds must follow guidelines developed by the California Workforce Development Board (Board) that address participation and investment in, or partnership with, new or existing pre apprenticeship training programs [SHC 2038]. In order to comply with the requirements for receipt and use of RMRA funds, staff recommends the following City Council actions: 1) Approve the following project proposed to receive funding from the RMRA, as required by SB 1: i. National City Blvd Street Resurfacing — provide pavement rehabilitation, grind and overlay on National City Blvd between W. 33rd Street and 16' Street (estimated construction completion by June 30, 2022 with useful life of 10 to 15 years); ii. E. Plaza Blvd Street Resurfacing — provide pavement rehabilitation, grind and overlay on E. Plaza Blvd between "D" Avenue and "N" Avenue (estimated construction completion by June 30, 2022 with useful life of 10 to 15 years); iii. E. 16" Street Resurfacing — provide pavement rehabilitation, grind and overlay on E. 16" Street between "D" Avenue and Highland Avenue (estimated construction completion by June 30, 2022 with useful life of 10 to 15 years); iv. Mann Avenue Street Resurfacing — provide pavement rehabilitation, grind and overlay on Mann Avenue between Beta Street and Alpha Street (estimated construction completion by June 30, 2022 with useful life of 10 to 15 years); 2) Authorize the establishment of a Gas Tax Fund appropriation of $1,217,771 for Fiscal Year 2022 and corresponding revenue budget for receipt of RMRA funds. 85 of 278 Local Streets and Roads - Projected Revenues Estimated January 2021 2020-21 Hwy Users Tax Account Road Mntnc Rehab Acct TOTAL SAN DIEGO COUNTY CARLSBAD 2,685,698 2,056,589 4,742,287 CHULA VISTA 6,305,193 4,843,595 11,148,788 CORONADO 582,193 440,742 1,022,935 DEL MAR 108,959 79,432 188,392 EL CAJON 2,461,302 1,883,804 4,345,106 ENCINITAS 1,481,467 1,131,257 2,612,723 ESCONDIDO 3,554,776 2,725,777 6,280,553 IMPERIAL BEACH 646,952 489,836 1,136,789 LA MESA 1,421,903 1,085,392 2,507,295 LEMON GROVE 641,390 485,553 1,126,943 NATIONAL CITY 1,456,366 1,111,929 2,568,296 OCEANSIDE 4,140,727 3,176,959 7,317,686 POWAY 1,178,548 898,010 2,076,558 SAN DIEGO 32,948,875 25,351,499 58,300,374 SAN MARCOS 2,292,162 1,755,491 4,047,653 SANTEE 1,366,001 1,042,348 2,408 349 SO NA BEACH 330,720 248,648 579,368 VISTA 2,378,515 1,820,058 4,198,573 County of San Diego 62,069,339 42,774,115 104,843,454 Total Cities & County: San Diego 128,051,087 93,401,036 221,452,123 SAN FRANCISCO COUNTY SAN FRANCISCO - City Allocation 19,361,972 15,773,508 35,135,480 SAN FRANCISCO - County .. „ n.,.,.,........, ......,... ...... Allocation 12,271,231 8,303,388 20,574,619 Total San Francisco 31,633,203 24,076,896 55,710,099 SAN JOAQUIN COUNTY ESCALON 184,813 138,574 323,387 LATH ................_......,.....,.,................,.,.................._....,..............,.........,.,,,,,.,,.......,.,.,.,.,........,..........,., . ROP 581,459 445,007 1,026,467 LODI 1,577,440 1,218,381 2,795,821 MANTECA 1,932,985 1,495,154 3,428,139 RIPON 389,654 296,475 686,129 STOCKTON 7,268,519 5,646,646 12,915,165 TRACY 2,139,746 1,656,107 3,795,853 County of San Joaquin 16,815,889 12,951,196 29,767,085 Total Cities & County: San Joaquin 30,890,505 23,847,541 54,738,046 January 2021 r1l26 CaiiForni CityFivtavlce.covv. Page 15 of 21 2021-22 Hwy Users Tax Account Road Mntnc Rehab Acct TOTAL 2,955,545 2,252,350 6,940,725 5,304,644 640,023 482,695 119,382 86,993 2,708,478 2,063,118 1,629,900 1,238,938 3,912,427 2,985,236 711,224 ......................,.536,463 1,564,318 1,188,708 705,100 531,772 1,602,264 1,217,771 4,557,579 3,479,365 1,296,377 983,489 36,275,266 27,764,640 2,522,502 1,922,592 1,502,768 1,141,566 363,345 272,316 2,617,327 1,993,304 68,278,488 46,845,668 140, 903, 037 102,291,629 5,207,895 12,245,369 1,122,719 206,375 4,771,596 2,868,838 6,897,664 1,247,687 2,753,026 1,236,872 2,820,035 8,036,944 2,279,866 64,039,907 4,445,093 2,644,334 635,662 4,610,631 115,124,156 243,194,666 21,338,779 17,274,946 13,482, 586...,........_...9, 093, 765 34,821,365 26,368,711 38,613,725 22 576,351 61,190,076 202,838 151,765 354,602 639,342 487,366 1,126,708 1,735,915 1,334,355 3,070,271 2,127,460 1,637,474 3,764,934 428,217 324,696 752,913 8,002,982 6,184,136 14,187,118 2,355,157 1,813,747 4,168,904 18,518,534 14,183,985 32,702,519 34,010,445 26,117,523 60,127,968 86 of 278 RESOLUTION NO. 2021-XX RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY 1) APPROVING THE FOLLOWING PROJECTS FOR FISCAL YEAR 2021-22 PROPOSED TO RECEIVE FUNDING FROM THE ROAD MAINTENANCE AND REHABILITATION ACCOUNT (RMRA) THROUGH THE LOCAL STREETS AND ROADS FUNDING PROGRAM AS REQUIRED BY SENATE BILL 1, THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017: A) NATIONAL CITY BLVD STREET RESURFACING, B) E. PLAZA BLVD STREET RESURFACING, C) E. 16TH STREET RESURFACING, AND D) MANN AVENUE STREET RESURFACING; 2) AUTHORIZING THE ESTABLISHMENT OF A GAS TAX FUND APPROPRIATION OF $1,217,771 FOR FISCAL YEAR 2022 AND CORRESPONDING REVENUE BUDGET FOR RECEIPT OF RMRA FUNDS WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi -modal transportation funding shortfalls statewide; and WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project's completion, and the estimated useful life of the improvement; and WHEREAS, the City, will receive an estimated $1,217,771 in RMRA funding in Fiscal Year 2021-22 from SB 1; and WHEREAS, this is the 5th year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and WHEREAS, the City prioritizes projects based on health and safety benefits, input from the community, project costs, schedule and available funding, and consistency with long-range planning documents and policies; and WHEREAS, the list of projects proposed to receive funding from the RMRA were developed based on this criteria to ensure revenues are being used on high -priority and cost- effective projects that meet the community's priorities for transportation investment; and 87 of 278 WHEREAS, revenues received from the RMRA will greatly assist the City in increasing the overall quality and sustainability of our transportation system for the benefit of the public; and WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate nearly 2 miles of streets, throughout the City this year and a number of similar projects into the future; and WHEREAS, the 2018 California Statewide Local Streets and Roads Needs Assessment found that the City's streets and roads are in an "at -risk" condition and this revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into a "good" condition; and WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting -edge technology, materials and practices, will have significant positive co -benefits statewide. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City approves the following list of projects proposed to receive funding from the RMRA, as required by SB 1: 1. The foregoing recitals are true and correct. 2. The following list of newly proposed projects will be funded in -part or solely with Fiscal Year 2021-22 Road Maintenance and Rehabilitation Account revenues: 1) National City Blvd Street Resurfacing — provide pavement rehabilitation, grind and overlay on National City Blvd between W. 33rd Street and 16th Street (estimated construction completion by June 30, 2022 with useful life of 10 to 15 years); 2) E. Plaza Blvd Street Resurfacing — provide pavement rehabilitation, grind and overlay on E. Plaza Blvd between "D" Avenue and "N" Avenue (estimated construction completion by June 30, 2022 with useful life of 10 to 15 years); 3) E. 16th Street Resurfacing — provide pavement rehabilitation, grind and overlay on E. 16th Street between "D" Avenue and Highland Avenue (estimated construction completion by June 30, 2022 with useful life of 10 to 15 years); 4) Mann Avenue Street Resurfacing — provide pavement rehabilitation, grind and overlay on Mann Avenue between Beta Street and Alpha Street (estimated construction completion by June 30, 2022 with useful life of 10 to 15 years); 88 of 278 PASSED and ADOPTED this 20st day of April, 2021. Alejandro Sotelo-Solis, Mayor ATTEST: Luz Molina, City Clerk APPROVED AS TO FORM: Charles Bell, Jr. City Attorney 89 of 278 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City, waiving the formal bid process pursuant to National City Municipal Code Section 2.60.260 and Section 2.60.220, regarding cooperative purchasing and open market procedure respectively, and authorizing the purchasing and accessorizing of one (1) new 2021 Ford AWD Police Interceptor K8A PEG 500A in an amount not -to -exceed $63,360.25, due to a traffic collision that damaged a National City Police Department Patrol Vehicle beyond repair. (Engineering /Public Works) Please scroll down to view the backup material. 90 of 278 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 20, 2021 AGENDA ITEM NO.: ITEM TITLE: Resolution of the City Council of the City of National City, waiving the formal bid process pursuant to National City Municipal Code Section 2.60.260 and Section 2.60.220, regarding cooperative purchasing and open market procedure respectively, and authorizing the purchasing and accessorizing of one (1) new 2021 Ford AWD Police Interceptor K8A PEG 500A in an amount not -to -exceed $63,360.25, due to a traffic collision that damaged a National City Police Depart en t Patrol Vehicle beyond repair. � PHONE: 619-336-4318 APPROVED BY: EXPLANATION: See staff report. PREPARED BY: Tirza Gonzales, Management Analyst il D PARTMENT: Engin Iic Works FINANCIAL STATEMENT: APPROVED: /�f�///1 / FINANCE ACCOUNT NO. APPROVED: MIS 644-00000-3636 (Refunds and Reimbursements) - $53,060.25 644-411-000-511-0000 (Equipment Replacement Reserve) - $63,360.25 ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION n FINAL ADOPTION STAFF RECOMMENDATION: Adopt the resolution awarding the purchase and of one (1) new 2021 Ford Police Interceptor SUV with build -out and accessories. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Explanation 2. Quotes 3. Sole Source Letter 4. Resolution 1 Q 1 of 9 7 8 Explanation: On January 12, 2021, a marked National City Police Department 2015 Ford Explorer Interceptor (Patrol Vehicle) was involved in a traffic collision. The City's Risk Management Department (Risk) and Prism, the City's insurance carrier, collectively determined that the damages to this vehicle were greater than the vehicle's actual cash value. Risk tendered a claim for the replacement costs associated with the purchase and installation of specialized additions to the marked police unit, less the salvage and deductible. The 2015 Ford Explorer Interceptor will be replaced with a 2021 Ford Explorer Interceptor, as well as replacement build -out and accessories. The following is an itemization as to the calculation of the net reimbursement claim: 2021 Ford Police Patrol Interceptor $ 40,476.35 AEP Patrol Build out $ 22,245.56 SpeedPro Imaging decals ($319.17 each side) $ 638.34 Sub -total $ 63,360.25 Salvage (to retain damaged vehicle for recoverable components) $ (300.00) Deductible $ (10,000.00) Net claim $ 53,060.25 The City's coverage provides for the totaled vehicle's replacement costs. The responsible party's insurance company's obligation will be to reimburse the City for the vehicle's actual cash value and a portion of the city's deductible, an amount of which has yet to be determined. As to the immediate need to replace the National City Police Department K-9 Vehicle, staff desires to purchase one (1) new 2021 Ford AWD Police Interceptor K8A PEG 500A SUV, as well as the replacement build -out and accessories. Consistent with Section 2.60.260 of the National City Municipal Code (NCMC) regarding cooperative purchasing, there is an opportunity to piggyback onto the County of San Diego's Purchase Order 562779-0 with Ford of Chula Vista to allow for the purchase of one (1) Ford AWD Police Interceptor K8A PEG 500A SUV. Piggybacking allows the City to take advantage of competitively bid pricing. NCMC Section 2.60.260 provides authority to the purchasing agent to join with other public jurisdictions to take advantage of cooperative purchasing opportunities, including but not limited to any federal, state or local agency pricing program or structure that is determined by the purchasing agent to allow a procurement that is in the best interests of the City. The purchasing agent may buy directly from a vendor at a price established 92 of 278 through competitive bidding by another public agency whose procedures have been determined by the purchasing agent to be in substantial compliance with the City's procurement procedures, irrespective of the contracting limits of that jurisdiction or agency, even if the City had not initially joined with that public agency in the cooperative purchase. National City's staff has confirmed that the County of San Diego's Purchase Order 562779-0 with Ford of Chula Vista was competitively bid conducted via Buy Net, the County of San Diego's designated Purchasing Venue, and that the procurement procedures are in substantial compliance with those of National City. Staff also confirmed by efforts made through additional purchasing channels, including Sourcewell (formerly "National Powers Joint Alliance") and National City Mile of Cars, that the County of San Diego's Purchase Order was the most cost-effective option. Also, consistent with Section 2.60.220 of the NCMC, regarding open market purchasing procedures, allows for sole source procurement of the replacement build -out with sole source vendor, American Emergency Products (AEP) (see attached sole source letter), and for the replacement decal accessories to be purchased through SpeedPro Imaging, as the amounts of this additional accessory is less than informal bid limits. Therefore, staff recommends adoption of a resolution waiving the formal bid process pursuant to National City Municipal Code Section 2.60.260 and Section 2.60.220, regarding cooperative purchasing and open market procedure respectively, and authorizing the purchasing and accessorizing of one (1) new 2021 Ford Police Interceptor in an amount not -to -exceed $63,360.25. The total not -to -exceed amount of $63,360.25 will be offset by the net claim amount of $53,060.25. 93 of 278 Ford of Chula Vista 560 Auto Park Dr ChulaVista, Ca 91911 John Morshead Master Certified Commercial Fleet Manager (619)656-3311 Mobile (619)206-1033 To: City of National City Attn: Ruben Huerta 2100 Hoover Avenue City: National City Phone: (619) 496-6118 E-mail: Rhuerta@nationalcityca.gov State: CA Date: 19 March 2021 Deal/Invoice: TBD RFQ: 2021 K8A Interceptor Unit Price 2 of 2 Zip: 91950 QTY Unit Price Total 1 Ea '21 Ford AWD Police Interceptor K8A PEG 500A $36,389.00 VIN; 1FM5K8AC-MNA ,et.seq. 1 Ea Tu-Tone Paint Scheme COSD YZ Roof & Front Doors $795.00 Applied to Standards acceptable to SD County Sheriffs Dept. 1 Ea CA Sales Tax @ 8.75% $3,253.60 1 Ea Ca Tire Fee @ $1.75 per Tire $8.75 1 Ea Ca Electronic Filing Fee State Mandated to dealers @ 1/1/20 $30.00 1 Ea Estimated CA DMV EXEMPT Noted: Requested Exterior Color Code UM Agate Black FOB No Freight to be Charged Optional 3.01 Eco-Boost V6 Total Due: $40,476.35 I Terms: Net 30 Ford of Chula Vista 560 Auto Park Dr Chula Vista, Ca 91911 (619)656-2500 Primary E-mail: Ford Of Ch Vista Designated Signer Wire Instructions: Chase Bank CV Automotive Group Inc DBA Ford of Chula Vista Routing #: 322271627 Acct #: 371980662 94 of 278 Quotation AEP California 10729 Wheatlands Ave. Suite C Santee, CA92071 Phone: (619) 596-1925 Fax: (619) 596-1909 Sold To: National City Police Department, City of Attn: Greg Seward 1200 National City Blvd National City, CA 91950-6530 Ship To: Date Feb 9, 2021 Page 1 Order Number QTE0029068 AEP Santee Reference '21 Patrol Utiltly Replacement PO Number Customer No. NAT11101 Salesperson PT Order Date Feb 9, 2021 Ship Via Terms NET30 Year Make Model Color State Contract # 2021 Ford Utility NA Qty. Ord. 1.00 1.00 1.00 Item / Vendor Part Number SIRE00563 / ENGKTSL001 VACC01881 / ENGLNK002 LBAR03275 / EMPLB00214-035 Description Agency Contact: Greg Seward 619-336-4538 Fleet Contact: Ruben Huerta 619-336-4588 ***mPower 55" Lightbar and bluePRINT Silver Package"** bluePRINT Silver, Central, 200watt Amp, 2 Spks, 1 Node, CP bluePRINT Link OBD2 Module, Multi FORD/ PI Uility SoundOff mPower 55" Exterior Lightbar for 2020+ Ford Utility -10 YEAR warranty against tense fading -California Steady Red -Front Facing Dual Color (R.fW driver, BIN Pass.) -Rear Facing Dual Color -LED Alley / Scene Lighting -Rear "brake with Warn" function Unit Price 1,291.0000 270.0000 1,998.0000 ax Y Y Y Extended Price 1,291.00 270.00 1,998.00 Quotation continued on next page ... 95 of 278 Quotation AEP California 10729 WheatlandsAve. Suite C Santee, CA 92071 Phone: (619) 596-1925 Fax: (619) 596-1909 Sold To: National City Police Department, City of Attn: Greg Seward 1200 National City Blvd National City, CA 91950-6530 Ship To: Date Page Feb 9, 2021 2 Order Number QTE0029068 AEP Santee Reference '21 Patrol Utiltiy Replacement PO Number Customer No. NAT11101 Salesperson PT Order Date Feb 9, 2021 Ship Via Terms N ET30 Year Make Model Color State Contract if 2021 Ford Utility NA Qty. Ord. 1.00 1.00 1.00 2,00 4.00 1.00 1.00 item / Vendor Part Number BKRT00091 / S249-3200 LEDS03676 / ELUC3H010D LEDS03657 / ELUC3H010E LEDS03674 / ELUC3H019B LEDS02981 / PLUCTCLI LEDS02941 / ENT3B3D LED502942 / ENT3B3E Description -Hook Mount Kit for 2020 Ford Utility -EOS Quote ID# QE48847, Line 1 Under Hood Remote Node Mounting Bracket, 2020 Ford Utility ***Emergency Lighting*** Universal Under Cover LED Insert, 5-Wire, RedlWhite (Driver side headlight assemble) Universal Under Cover LED Insert, 5-Wire, Blue/White (Passenger side headlight assemble) Universal Under Cover LED Insert, 5-Wire, Blue (Rear tail lights) Twist -In UC LED Collar Kit Intersector Surface Mount LED Warning Light, RedNVhite (Exterior under mirror LED, driver side) Intersector Surface Mount LED Warning Light, Blue/White (Exterior under mirror LED, passenger side) Unit Price 45.0000 66.5000 66.5000 66.5000 2.5000 149.0000 149.0000 Tax Y Y Y Y Y Y Y Extended Price 45,00 66.50 66.50 133.00 10.00 149.00 149.00 Quotation continued on next page ... 96 of 278 Quotation AEP California 10729 Wheatlands Ave. Suite C Santee, CA 92071 Phone: (619) 596-1925 Fax: (619) 596-1909 Sold To: National City Police Department, City of Attn: Greg Seward 1200 National City Blvd National City, CA 91950-6530 Ship To: Date Page Feb 9, 2021 3 Order Number QTE0029068 AEP Santee Reference '21 Patrol Utiltiy Replacement PO Number Customer No. NAT11101 Salesperson PT Order Date Feb 9, 2021 Ship Via Terms N ET30 Year Make Model Color State Contract # 2021 Ford Utility NA Qty. Ord. 2,00 1,00 1.00 2.00 1.00 1.00 1.00 1.00 1.00 Item / Vendor Part Number BKRT00113 / PMP213KUMB4 LEDS033B6 / EMPS2STS4D LEDS03387 / EMPS2STS4E LEDS03567 / PMP2WSSSB LEDS03811 / EMPS1SLS1R LEDS03810 / EMPS1 SLS1 B LEDS02941 / ENT3B3D LEDS02942 / ENT3B3E LEDS03192 / ENFRMS3(D) Description Under Mirror Bracket, mPower/Intersector, 20i- Utility, Each mPower Fascia LED, Stud Mount, 12-LED, Red/White (Rear 1/4 window LED, driver side facing) mPower Fascia LED, Stud Mount, 12-LED, Blue/White (Rear 114 window LED, passenger side facing) 4'mPower 25-90 degree Glass Mount/Shroud, Black Qtr Glass Mount mPower 3" Stud Mount, 4-LED, Red (Liftgate open LED, driver side) mPower 3" Stud Mount, 4-LED, Blue (Liftgate open LED, passenger side) ***2020 Utility Push Bumper with Front Lighting*** Intersector Surface Mount LED Warning Light, Red/White Intersector Surface Mount LED Warning Light, Blue/White nForce LED, D12, Red/White, Replacement Module Unit Price 16,0000 98,0000 98.0000 7.5000 60,0000 60.0000 149.0000 149.0000 78,5000 Tax Y Y Y Y Y Y Y Y Y Extended Price 32.00 98.00 98,00 15.00 60.00 60.00 149.00 149.00 78.50 Quotation continued on next page ... 97 of 278 Quotation AEP California 10729 Wheatlands Ave. Suite C Santee, CA 92071 Phone: (619) 596-1925 Fax: (619) 596-1909 Sold To: National City Police Department, City of Attn: Greg Seward 1200 National City Blvd National City, CA91950-6530 Ship To: Date Page Feb 9, 2021 4 Order Number QTE0029068 AEP Santee Reference '21 Patrol Utiltiy Replacement PO Number Customer No. NAT11101 Salesperson PT Order Date Feb 9, 2021 Ship Via Terms N ET30 Year 2021 Ford Make Model Utility Color NA State Contract # Qty. Ord. 1.00 1.00 2.00 1.00 1.00 1.00 1,00 1.00 Item 1 Vendor Part Number LEDS03193 / ENFRMS3(E) BUMP00722 / BK00531TU20AEPi LEDS03504 / EMPS2STS5RBW BKRT00074 / PMP2RS101 PATC00261 / PP-PF2-BP-001-A PAT000262 / PP-UF2-BP-001-A PATC00263 / PP-BUI-SO-001-A iNST05636 / 2122 Description nForce LED, D12, Blue/White, Replacement Module PB450-LR Push Bumper, SoundOff nForce/Intersec, 2020 Utility "**2020 Utility Rear Lighting Option*** mPower Fascia LED, Stud Mount, 18-LED, Red/Blue/White (Mounts under rear spoiler) (Will flash Red/Blue warning, provide brake with warn function and add additional rear scene lighting with reverse.) Under Spoiler mPower Bracket, 1-Module, 2020 Utility "**Base Electrical System / Theft Prevention*"* Patrol Power Plug-n-Play Wire Harness, Utility, BP, Primary Patrol Power Plug-n-Play Wire Harness, Utility, BP, Und Hood Patrol Power Plug-n-Play Wire Harness, Universal, Bumper Cat5 Cable, 3', Blue, Exterior BOB to SplitterlCentraf Unit Price 78.5000 399.0000 108,5000 31.5000 1,196.2500 186.7500 71.2500 1.7500 Tax Y Y Y Y Y Y Y Y Extended Price 78.50 399.00 217.00 31.50 1,196.25 186.75 71.25 1.75 Quotation continued on next page ... 98 of 278 Quotation AEP California 10729 Wheatlands Ave. Suite G Santee, CA 92071 Phone: (619) 596-1925 Fax: (619) 596-1909 Sold To: National City Police Department, City of Attn: Greg Seward 1200 National City Blvd National City, CA 91950-6530 Ship To: Date Page Feb 9, 2021 5 Order Number QTE0029068 AEP Santee Reference '21 Patrol Utiltiv Replacement PO Number Customer No. NAT11101 Salesperson PT Order Date Ship Via Feb 9, 2021 Terms NET30 Year 2021 Ford Make Model Utility Color NA State Contract # Qty. Ord. 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1,00 Item 1 Vendor Part Number INST05624 / 3711 BKRT00092 / PIU20-EQUIP-001 BKRT00093 / PIU20-RADIO-KIT VACC01714 / AEP-SW-IDLE. VACC00342 / 13-100 VACC01453 / AEP-LABEL-CARD DOME00005 / ECVDMLTALOO CONS01599 / 7170-0735-01 FACE00546 / 7160-0321 FACE00578 / 14619 Description Cat5 Cable, 3', Pink, 480 Siren Amp to Central Electronics Mounting Plate SOS, DRV 1/4 Panel, 20+ Utility Radio T/R Mounting Bracket, OEM Cubby Pocket, 20+ Utility Switch, Idle Security, Off -On Toggle Switch, Off -On, SPST.. Switch Label Plaque, "Cargo Dome, Door -Off" LED Dome Light, Red/Wht,Universal (Rear Lift Gate) * *Center Equipment Console*** 20+ Ford Utility Console 10"/4.5", w/Cup Holder/Arm Rest FP- Motorola APX -05 Remote Mount Radio, 3" PL 2013-05-15 FP- Sound Off nErgy 400 Remote Siren, 3.5" Unit Price 1.7500 105.0000 40.0000 12.0000 8.0000 6.0000 52.0000 465.0000 0,0000 0.0000 Tax Y Y Y Y Y Y Y Y N N Extended Price 1.75 105,00 40.00 12.00 8.00 6.00 52.00 465.00 0.00 0.00 Quotation continued on next page ... 99 of 278 Quotation AEP California 10729 Wheatlands Ave. Suite C Santee, CA 92071 Phone: (619) 596-1925 Fax: (619) 596-1909 Sold To: National City Police Department, City of Attn: Greg Seward 1200 National City Blvd National Clty, CA 91950-6530 Ship To: Date Page Feb 9, 2021 6 Order Number QTE0029068 AEP Santee Reference '21 Patrol Utility Replacement PO Number Customer No. NAT11101 Salesperson PT Order Date Feb 9, 2021 Ship Via Terms NET30 Year Make Model Color State Contract # 2021 Ford Utility NA Qty. Ord. 1.00 1,00 2.00 1.00 1.00 1,00 1.00 1.00 1.00 1.00 Item 1 Vendor Part Number FACE00606 / 7160-0459 FACE00799 / C-PS-3 CONS01276 / MMBP-25 VACC01101 / 11010 VACC01102 / 11011 VACC01539 / 11019 DOME00005 / ECVDMLTALOO VACCO2277 / PP-BOM-PIU COMP01803 / DS-PAN-1112-2 COMP01749 / KBA-BLTX-UCNNF Description FP- Motorola DEK (1-PC), 2' FP- (3) Contura Switch Cut -Outs, 1,5" Magnetic Microphone Mount DC Power Port (Install on Passenger Side of Console) DC Power Port Cap Dual USB 2,4A Charger for Contura SW Cut -Out LED Dome Light, Red/White, Universal ***Brake Kill System*** Patrol Power Black -Out Module w/ Ford PIU Harness "**Computer Mount (Panasonic CF-33 wl Keyboard)*** CF33 Laptop/ Tablet Docking Station, Dual RF w/ Power Supply TG3 Mobile Keyboard w/ Touch Pad, USB Coiled Cord Unit Price 0.0000 18,0000 38.0000 5,0000 0.5000 18.0000 52.0000 350.0000 1,299.0000 228.0000 Tax N Y Y Y Y Y Y Y Y Y Extended Price 0.00 18.00 76.00 5.00 0.50 18.00 52.00 350.00 1,299.00 228.00 Quotation continued on next page ... 100 of 278 Quotation AEP California 10729 WheatlandsAve, Suite C Santee, CA 92071 Phone: (619) 596-1925 Fax: (619) 596-1909 Sold To: National City Police Department, City of Attn: Greg Seward 1200 National City Blvd National City, CA 91950-6530 Ship To: Date Page Feb 9, 2021 7 Order Number QTE0029068 AEP Santee Reference '21 Patrol Utiltiy Replacement PO Number Customer No. NAT11101 Salesperson PT Order Date Feb 9, 2021 Ship Via Terms N ET30 Year 2021 Ford Make Model Utility Color NA State Contract # Qty. Ord. 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Item / Vendor Part Number CONS01677 / 7160-1346 CONS01468 / 7160-0872 CONS01634 / 7160-1216-09 COMP01598 / 7160-0857 ANTE00968 / GP-IN2236 ANTE00792 / AFGB-832 ANTE00782 / C23F-5M PRIS01937 / PK1186ITU20-TM PRIS01938 / 0K05661TU20 PRIS01939 / WK0514ITU20H Description On Dash Computer Mount Offset Bracket Mongoose XLE 9" Keyboard Motion Attachment Keyboard Tray, Low Profile, Quick Release ***Radio and Data Antenna*** GPSB Sharkee Antenna kit, Celf w/ TNC, GPS w1TNC (Opt Whip) Antenna Whip (Sharkee), 760-876 MHz Radio Antenna Extension Cable, 16', Mini -UHF (MPL) ***Prisoner Transport*** 10XL C2 Partition, Recessed, Poly Sliding, TM, 2020 Utility Transport Seat w/Poly Partition, Center Belts, 2020 Utility Window Barriers, Steel Horizontal Bars, 2020 Utility Unit Price 275,0000 26.0000 332.0000 120.0000 198.0000 26.0000 15,0000 775.0000 1,198,0000 205.0000 Tax Y Y Y Y Y Y Y Y Y Y Extended Price 275.00 26.00 332.00 120.00 198.00 26.00 15.00 775.00 1,198.00 205.00 Quotation continued on next page ... 101 of 278 Quotation AEP California 10729 Wheatlands Ave. Suite C Santee, CA 92071 Phone: (619) 596-1925 Fax: (619) 596-1909 Sold To: National City Police Department, City of Attn: Greg Seward 1200 National City Blvd National City, CA 91950-6530 Ship To: Date Feb 9, 2021 Page 8 Order Number QTE0029068 AEP Santee Reference '21 Patrol Utiltly Replacement PO Number Customer No. NAT11101 Salesperson PT Order Date Feb 9, 2021 Ship Via Terms N ET30 Year 2021 Ford Make Model Utility Color NA State Contract # Qty. Ord. 1.00 1.00 1.00 2.00 1.00 1.00 1.00 1.00 2.00 1.00 Item (Vendor Part Number PRIS02211 / QK0491ITU20 VACCO2527 / PP9640 PRIS02036 / FRD200001-0 DOME00045 / ECVDMLTST4G VACC01450 / AEP-SW-DOME1 GUNM00509 / GR2-PAR-UNIV-87 GUNM00513 / AR-TDP-GUARD STOR00817 / PIU20-CARGO-K11 DOME00045 / ECVDMLTST4G UTIL01516 / 25614 Description TPO Floor Pan Floor Pan VDRAIN Latch/Window Switch BlockOff Kit, Rear Doors, 20+ PI Utility Universal Interior Cargo LED Dome Light, 6"x3", Gray Switch, Rear Dome Light, On -Off -On ***Front Weapon Mount*** Dual Gun Rack, Univ. Partition Mount, 870 / AR15 with BLM AR-15 Takedown Pin Guard ***Rear Cargo Storage System*** Cargo Guard w/ Hinged EZ Access, 2020 Utility wlSetina 12VS Universal Interior Cargo LED Dome Light, 6"x3", Gray (Install under cargo guard) Fire Extinguisher, 5lb ABC Dry Chem Unit Price 198.0000 32,0000 50.0000 24.0000 15.0000 448.0000 160.0000 660.0000 24.0000 50.0000 Tax Y Y Y Y Y Y Y Y Y Y Extended Price 198.00 32.00 50,00 48.00 15.00 448.00 160.00 660.00 48.00 50.00 Quotation continued on next page ... 102 of 278 Quotation AEP California 10729 Wheatlands Ave. Suite C Santee, CA 92071 Phone: (619) 596-1925 Fax: (619) 596-1909 Sold To: National City Police Department, City of Attn: Greg Seward 1200 National City Blvd National City, CA 91950-6530 Ship To: Date Page Feb 9, 2021 9 Order Number QTE0029068 AEP Santee Reference '21 Patrol Utiltiy Replacement PO Number Customer No. NAT11101 Salesperson PT Order Date Feb 9, 2021 Ship Via Terms NET30 Year 2021 Ford Make Model Utility Color NA State Contract # Qty. Ord. 1.00 1.00 1.00 1.00 46.00 1.00 Item /Vendor Part Number VACC01552 / 862 VACCO2117 / AngArm-00339 VACCO2118 / AngArm-00340 GRAP90001 / Graphics LABO90001 / AEP INSTALL SHOP90006 / Shop Supplies Description - Mounted On Cargo Cover, Passenger side Heavy Duty Fire Extinguisher Mounting Bracket, Rubber Straps ***Ballistic Door Panels*** Avail Ballistic Door Panel, Level IPA, Driver 2020 Utility Avail Ballistic Door Panel, Level IIIA, Pass, 2020 Utility ***Graphics*** National City PD Patrol Graphics Package ***Installation/ Freight*** Installation Labor Services EVT-Certified Technician Labor Installation Materials / Shop Supplies ***Parts Freight/Shipping*** Freight / Shipping ***Customer Supplied Equipment*** Unit Price 50,0000 879.0000 879,0000 450.0000 70.0000 125.0000 Tax Y Y Y Y Y Y N Extended Price 50.00 879.00 879.00 450.00 3,220.00 125.00 150.00 Quotation continued on next page ... 103 of 278 Quotation AEP California 10729 Wheatlands Ave. Suite C Santee, CA92071 Phone: (619) 596-1925 Fax: (619) 596-1909 Sold To: National City Police Department, City of Attn: Greg Seward 1200 National City Blvd National City, CA 91950-6530 Ship To: Date Page Feb 9, 2021 10 Order Number QTE0029068 AEP Santee Reference '21 Patrol Utiltiv Replacement PO Number Customer No. NAf 11101 Salesperson PT Order Date Feb 9, 2021 Ship Via Terms NET30 Year Make Model Color State Contract # 2021 Ford Utility NA Qty. Ord. Item ! Vendor Part Number Description Unit Price Tax Extended Price 1.00 INST05685 / CSM -Motorola APX 6500 Remote Radio Kit 0.0000 N 0.00 Thank you for the opportunity to earn your business Parts 16,647.75 Terms & Conditions: Labor / Services 3,670.00 • Estimates valid for 60 days Trans 1 Trip 1 Fee 0.00 • Orders will be invoiced upon notification of completion • Returns subject to 25% restocking fee. No returns on special Shipping 150.00 order items. Order Discount 0.00 • Credit Card payments accepted for payments of orders/invoicing totaling $10,000 or fess only. Subtotal 20,467.75 SIGNATURE (not required if POfcontract is issued) Total sales tax 1,777.81 Total order 22,245.56 104 of 278 r�d p.,,, 6354 Riverdale street �%// San Diego, CA 92120 Imaging (619) 677-3634 Great. eig.Griphics. Created Date: 3/2/2021 ESTI MATE EST-20433 Payment Terms: Net 30 DESCRIPTION: 2021 Police Interceptor Ford - Vin: Bill To: City Of National City 1243 National City Boulevard National City, CA 91950 US Pickup At: SpeedPro Imaging -Mission Valley 6354 Riverdale street San Diego, CA 92120 US Requested By: Ruben Huerta Email: rhuerta@nationalcityca.gov NO. 1 Salesperson: House SpeedPro Imaging -Mission Valley Entered By: Jessica Alarcon Product Summary Police 2021 Ford Explorer - Vehicle Vinyl to approved mock up, install included QTY UNIT PRICE AMOUNT This estimate is valid for two weeks. Changes, additions and deletions to the estimate may result in additional charges. The estimate is based on print -ready files. Design is available at an hourly rate. Sales tax will be added to the invoice unless a Sales Tax Exemption Certificate is on file. Acceptance of the estimate authorizes SpeedPro Imaging to initiate production. Generally, a deposit of 50% is also required. All amounts are due upon delivery of the products unless other arrangements have been formally agreed upon. Manufacturer Warranties covering adhesion and durability of the adhesive films may exist. However, SpeedPro does not guarantee adhesion of films to substrates not provided by SpeedPro and is not responsible for unusual wear and tear due to external forces such as power washing or car wash systems. ....ESTIMATE ONLY.... $307.00 $307.00 Grand Total: S319.17 Any changes to this estimate will result in price changes. Completion will vary based on the date you place your order! Please let us know if you have a specific due date. Generated On: 3/2/2021 4:43 PM 105 of 278 LfIATROIL POWER, March 25, 2020 National City Police Department Greg Seward, Lieutenant 1200 National City Blvd, National City, CA 91950 SONCELL NORTH AMERICA A PU LI I. SA FIET P C014P,\NT RE: Supporting Sole Source Information for Patrol Power Customized "Plug and Play" Wiring Harness Systems Dear Lt. Seward: This letter is to follow up on our previous meeting, and provide additional supporting technical specifications to the customized wire harness solutions for your in-house police vehicle fleet upfitting service. Here are a few answers to questions that may be asked by your procurement department. What is it?: Patrol Power customized and NCPD proprietary plug -and -play wire harness systems for police vehicles. Why do you need to acquire these goods or services?: The use of a complete harness system will greatly improve vehicle installation turn -around times, system reliability and consistency. Additionally the wire harness systems include complete documentation packages for ease of service. Below are a few of the benefits implementing a Patrol Power plug -and -play harness will provide to the Fleet Operations: • Improve vehicle installation turn -around times by an estimated 8-10 hours per vehicle. • Improve installation consistence as vehicles will not be "individually" wired • Improve installation quality • Provide a repeatable process for fleet consistence regardless of a changing technician workforce • Provide an electrical foundation for upcoming technology • Provide complete electrical schematics for ease of service • Provide a centralized fuse module with power management to preserve battery life How will it be used?: The plug and play harness will be used and installed in all vehicle new vehicle builds. A variation of the harness can be utilized to retrofit vehicles already in service. Were alternative goods or services evaluated?: The wiring systems in police vehicles are customized and designed for agency specific applications. No "off -the -shelf" products are available for evaluation. 10729 Wheatlands Ave. Suite C Santee CA 92071 619-596-1925 (Office) 619-997-6213 (Mobile) u patrick.trampus@aep-na.com Patrol-Power.com 106 of 278 LP47ROLPOWERJ- SONCELL NORTH AMERICA A PI' RLIC SAFETY ( OMPAN T Why can only this vendor provide these goods or services?: Patrol Power has been serving the public safety industry since 2002, and is the industry leader in complete vehicle electrical systems. National City Fleet operations has reached out to other companies claiming to produce similar products, with no meeting follow-up or design process. Patrol Power has designed a complete plug -and -play wire harness system compatible with NCPD's police vehicles. Patrol Power is the only company who has produced an NCPD specific solution. What would be the impact if this sole source / goods or services, is not approved?: If this sole source is not approved, it will have a negative impact on the fleet operations' ability to provide quality vehicles in a timely matter. Below are a few of the negative effects: • Increased vehicle turn -around time and build costs. (estimated at 8-10 hours) • Increased vehicle downtime with future repairs. Additional technical specifications and requirements: 1. The wire harness system must be complete and all encompassing by including all of the required emergency response equipment wiring in the harness loom. No additional wires will be required to complete the circuits and connections. a. This includes all ground circuits, power distribution and interconnect circuits. b. The only allowable exception will be for data cables and RF co -axial cables such as radios control heads, radio antenna, radar antennas, and computer data antennas. 2. All wiring must be automotive cross-link polyethylene (XLPE) type wire with GXL thin wall insulation. TXL extra thin wall insulation may not be used in any Underhood environment, as it does not satisfy Ford Motor Company's requirements. All wiring must meet of exceed the following specifications: a. SAEJ1128-GXL b. Temperature range of: -60deg F to 257deg F c. Stranded bare copper d. All wiring must be color coded and function printed. No repeats in wire identification will be permitted. e. Wires of the same primary color, but with different function must be identified with a colored stripe / tracer, in addition to the function printing. 3. All wiring bundles within the vehicle will be taped with anti -abrasion cloth tape to minimize bundle diameter and provide a flexible yet tightly bundled harness. The use of protective split - loom conduit will be utilized where appropriate to avoid wire chaffing. 4. All wiring located in the vehicle's Underhood must be protected with nylon corrugated split - loom. The loom must meet or exceed the following specifications: a. Nylon material meeting Delphi Packard M-2170 and ASTM D4066 specifications b. Temperature range of: -40deg F to 257deg F 10729 Wheatlands Ave Suite C Santee CA 92071 t. 619-596-1925 (Office) patrick.trampus@aep-na.com 619-997-6213 (Mobile) patrol-Power.com 107 of 278 PATROL POWER, SONCELL NORTH AMERICA A PUBLIC SAFETY COMPANY 5. A matching OEM automotive connector must be pre -installed on any harness breakout which is to connect to an existing OEM connector. This includes but is not limited to the following: a. GM's "6J3" upfitter connector located at the center dash b. GM's "Speaker" pass through connector located near the starting battery. c. GM's Horn interface located with the upfitter harness d. GM's passenger side spot light 6. Automotive connectors must be pre -installed on any harness breakout which is to connect to a component commonly removed for vehicle service. This includes but is not limited to the following: a. Vehicle push bumper mounted warning lights b. Push bumper mounted scene /Off -Road light c. Siren speaker(s) d. Fog mounted / lower air damn mounted LED's e. Rear lift gate trim panel mounted LED's (dome light / lift gate open LED's) f. Rear side % window LED's if mounted to interior trim panel 7. All automotive connectors must be of premium quality and construction. All terminal crimps must be performed with the appropriate factory tooling. Any open cavity in a connector body must be sealed with an appropriate blank circuit plug. With exception to the matching mating connectors for OEM components and aftermarket emergency component, the following are the only acceptable connectors for use within the harness: a. Molex MX150 Sealed connector system i. Tested to IEC IP6K7 and IP6K9K standards ii, SAE USCAR-2 iii. Environmentally sealed iv. Temperature range of: -40deg F to 257deg F v. 22-amps per circuit b. Molex ML-XT Series i. Tested to IEC IP68 and IP69K standards ii. SAE J2030 iii. Temperature range of: -67deg F to 257deg F iv. 13-amps per circuit c. Amphenol AT Series i. Tested to IEC IP69K standards ii. RoHS compliant iii. Temperature range of: -67deg F to 257deg F iv. 13-amps per circuit 8. A matching OEM automotive connector must be pre -installed on any harness breakout which is to connect to an aftermarket emergency component. Not required for components with "flying leads" such as mPower LED's. This includes but is not limited to the following: 10729 Wheatlands Ave Suite C Santee CA 92071 619-596-1925 (Office) patrick.trampus@aep-na.com 619-997-6213 (Mobile) Patrol-Power.com 108 of 278 LPATROL POWERTM� a. bluePRINT central controller b. bluePRINT 480 amp / relay module c. bluePRINT remote node d. Console switches e. SoundOff 6" round dome lights LIMBO (DOT:a SONCELL NORTH AMERICA A PUBLIC SAFETY co?I rANY 9. The harness shall be constructed as to completely eliminate unnecessary wire splices. Splices shall only be permitted when splitting a circuit or connecting to a component with a non- removeable wire pigtail. 10. A master disconnect circuit breaker shall be installed on the sole main power input cable. The breakers shall serve as a master disconnect for all aftermarket equipment. The breaker shall mount to the vehicle with use of a vehicle specific bracket to insure consistent placement. 11. The main power input cable shall be electrically connected to the auxiliary battery (if equipped) 12. The harness must include a centralized fuse / power distribution module. The module must be fully weatherized if installed in a location susceptible to environmental intrusions and/or excessive temperatures. 13. The power distribution module must include a serviceable / removeable relay capable of at least 70-amps of current. The relay is to be controlled via the SoundOff bluePRINT system for time, voltage and load sheading capibility. The relay's output shall provide a switched 12V to selectable fused circuits within the power distribution module. I hope that you have found this document useful. Please contact me should you have any questions and my team and I will be happy to assist. Best regards, tau �� Patrick Trampus, Area Sales Manager 10729 Wheatlands Ave Suite C Santee CA 92071 t 619-596-1925 (office) 619-997-9620 (Mobile) patrick.trampus@aep-na.com Patrol-Power.com 109 of 278 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City, waiving the formal bid process pursuant to National City Municipal Code Section 2.60.260 and Section 2.60.220, regarding cooperative purchasing and open market procedure respectively, and authorizing the purchasing and accessorizing of one (1) new 2021 Ford AWD Police Interceptor K8A PEG 500A in an amount not -to -exceed $67,111.33, due to a traffic collision that damaged a National City Police Department K-9 Vehicle beyond repair. (Engineering /Public Works) Please scroll down to view the backup material. 110 of 278 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 20, 2021 AGENDA ITEM NO.: ITEM TITLE: Resolution of the City Council of the City of National City, waiving the formal bid process pursuant to National City Municipal Code Section 2.60.260 and Section 2.60.220, regarding cooperative purchasing and open market procedure respectively, and authorizing the purchasing and accessorizing of one (1) new 2021 Ford AWD Police Interceptor K8A PEG 500A in an amount not -to -exceed $67,111.33, due to a traffic collision that damaged a National City Police Department K-9 Vehicle beyond repair. PREPARED BY: Tirza Gonzales, Management Analyst II 'DEPARTMENT: Engi PHONE: 619-336-4318 APPROVED BY: EXPLANATION: See staff report. ublic Works FINANCIAL STATEMENT: APPROVED: FINANCE ACCOUNT NO. APPROVED: MIS 644-00000-3636 (Refunds and Reimbursements) - $56,811.33 and any additional offset amount received by the responsible party at claim settlement. 644-411-000-511-0000 (Equipment Replacement Reserve) - $67,111.33 ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION STAFF RECOMMENDATION: Adopt the resolution awarding the purchase and of one (1) new 2021 Ford Police Interceptor SUV with build -out and accessories. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Explanation 2. Quotes 3. Sole Source Letter 4. Resolution 111 of 27 8 Explanation: On January 23, 2021, a marked National City Police Department 2015 Ford Explorer Interceptor (K-9 Patrol Vehicle) was involved in a traffic collision. The City's Risk Management Department (Risk) and Prism, the City's insurance carrier, collectively determined that the damages to this vehicle were greater than the vehicle's actual cash value. Risk tendered a claim for the replacement costs associated with the purchase and installation of specialized additions to the marked police unit, less the salvage and deductible. The 2015 Ford Explorer Interceptor will be replaced with a 2021 Ford Explorer Interceptor, as well as replacement build -out and accessories. The following is an itemization as to the calculation of the net reimbursement claim: 2021 Ford Police K-9 Interceptor $ 40,476.35 AEP K-9 Build out $ 25,548.26 True Customs tint shop $ 448.38 SpeedPro Imaging decals ($319.17 each side) $ 638.34 Sub -total $ 67,111.33 Salvage (to retain damaged vehicle for recoverable components) $ (300.00) Deductible $ (10,000.00) Net claim $ 56,811.33 The City's coverage provides for the totaled vehicle's replacement costs. The responsible party's insurance company's obligation will be to reimburse the City for the vehicle's actual cash value and a portion of the city's deductible, an amount of which has yet to be determined. As to the immediate need to replace the National City Police Department K-9 Vehicle, staff desires to purchase one (1) new 2021 Ford AWD Police Interceptor K8A PEG 500A SUV, as well as the replacement build -out and accessories. Consistent with Section 2.60.260 of the National City Municipal Code (NCMC) regarding cooperative purchasing, there is an opportunity to piggyback onto the County of San Diego's Purchase Order 562779-0 with Ford of Chula Vista to allow for the purchase of one (1) Ford AWD Police Interceptor K8A PEG 500A SUV. Piggybacking allows the City to take advantage of competitively bid pricing. NCMC Section 2.60.260 provides authority to the purchasing agent to join with other public jurisdictions to take advantage of cooperative purchasing opportunities, including but not limited to any federal, state or local agency pricing program or structure that is 112 of 278 determined by the purchasing agent to allow a procurement that is in the best interests of the City. The purchasing agent may buy directly from a vendor at a price established through competitive bidding by another public agency whose procedures have been determined by the purchasing agent to be in substantial compliance with the City's procurement procedures, irrespective of the contracting limits of that jurisdiction or agency, even if the City had not initially joined with that public agency in the cooperative purchase. National City's staff has confirmed that the County of San Diego's Purchase Order 562779-0 with Ford of Chula Vista was competitively bid conducted via Buy Net, the County of San Diego's designated Purchasing Venue, and that the procurement procedures are in substantial compliance with those of National City. Staff also confirmed by efforts made through additional purchasing channels, including Sourcewell (formerly "National Powers Joint Alliance") and National City Mile of Cars, that the County of San Diego's Purchase Order was the most cost-effective option. Also, consistent with Section 2.60.220 of the NCMC, regarding open market purchasing procedures, allows for sole source procurement of the replacement build -out with sole source vendor, American Emergency Products (AEP) (see attached sole source letter), and for the replacement accessories of tint and decals to be purchased through True Custom and SpeedPro Imaging respectively, as the amounts of these additional accessories are less than informal bid limits. Therefore, staff recommends adoption of a resolution waiving the formal bid process pursuant to National City Municipal Code Section 2.60.260 and Section 2.60.220, regarding cooperative purchasing and open market procedure respectively, and authorizing the purchasing and accessorizing of one (1) new 2021 Ford Police Interceptor in an amount not -to -exceed $67,111.33. The total not -to -exceed amount of $67,111.13 will be offset by the net claim amount of $56,811.33. An additional offset amount may be received by the responsible party at claim settlement. 113 of 278 Ford of Chula Vista 560 Auto Park Dr ChulaVista, Ca 91911 John Morshead Master Certified Commercial Fleet Manager (619)656-3311 Mobile (619)206-1033 To: City of National City Attn: Ruben Huerta 2100 Hoover Avenue City: National City Phone: (619) 496-6118 E-mail: Rhuerta@nationalcityca.gov State: CA Date: 19 March 2021 Deal/Invoice: TBD RFQ: 2021 KSA Interceptor Unit Price 1 of 2 Zip: 91950 QTY Unit Price Total 1 Ea '21 Ford AWD Police Interceptor K8A PEG 500A $36,389.00 VIN; 1FM5K8AC-MNA ,et.seq. 1 Ea Tu-Tone Paint Scheme COSD YZ Roof & Front Doors $795.00 Applied to Standards acceptable to SD County Sheriffs Dept. 1 Ea CA Sales Tax @ 8.75% $3,253.60 1 Ea Ca Tire Fee @ $1.75 per Tire $8.75 1 Ea Ca Electronic Filing Fee State Mandated to dealers @ 1/1/20 $30.00 1 Ea Estimated CA DMV EXEMPT Noted: Requested Exterior Color Code UM Agate Black FOB No Freight to be Charged Optional 3.0L Eco-Boost V6 Total Due: $40,476.35 Terms: Net 30 Ford of Chula Vista 560 Auto Park Dr Chula Vista, Ca 91911 (619)656-2500 Primary E-mail: Ford Of CJula Vista John Mgr.. •`°,Cit of Na oval City Designated Signer Wire Instructions: Chase Bank CV Automotive Group Inc DBA Ford of Chula Vista Routing #: 322271627 Acct #: 371980662 114 of 278 Quotation AEP California 10729 Wheatlands Ave. Suite C Santee, CA 92071 Phone: (619) 596-1925 Fax: (619) 596-1909 Sold To: National City Police Department, City of Attn: Greg Seward 1200 National City Blvd National City, CA 91950-6530 Ship To: Date Page Feb 9, 2021 1 Order Number QTE0029067 AEP Santee Reference '21 Patrol Utility K9 Replacement PO Number Customer No. NAT11101 Salesperson PT Order Date Ship Via Feb 9, 2021 Terms NET30 Year 2021 Ford Make Model Utiltiy Color NA State Contract # Qty. Ord. 1.00 1.00 1.00 Item !Vendor Part Number SIRE00563 / ENGKTSL001 VACC01881 / ENGLNK002 LBAR03275 / EMPLB00214-035 Description Agency Contact: Greg Seward 619-336-4538 Fleet Contact Ruben Huerta 619-336-4588 ***mPower 55" Lightbar and bluePRINT Silver Package*"* bluePRINT Silver, Central, 200watt Amp, 2 Spks, 1 Node, CP bluePRINT Link OBD2 Module, Multi FORD/ PI Uillty SoundOff mPower 55" Exterior Lightbar for 2020+ Ford Utility -10 YEAR warranty against sense fading -Dual Color Corner Modules (RAN driver, B/W Pass.) -California Steady Red -Front Facing Dual Color (R/W driver, B/W Pass.) -Rear Facing Dual Color -LED Alley / Scene Lighting Unit Price 1,291,0000 270.0000 1,998.0000 Tax Y Y Y Extended Price 1,291.00 270.00 1,998,00 Quotation continued on next page ... 115 of 278 Quotation AEP California 10729 Wheatlands Ave. Suite C Santee, CA 92071 Phone: (619) 596-1925 Fax: (619) 596-1909 Sold To: National City Police Department, City of Attn: Greg Seward 1200 National City Blvd National City, CA 91950-6530 Ship To: Date Page Feb 9, 2021 2 Order Number QTE0029067 AEP Santee Reference '21 Patrol Utility K9 Replacement PO Number Customer No. NAT11101 Salesperson PT Order Date Feb 9, 2021 Ship Via Terms NET30 Year Make Model Color State Contract# 2021 Ford Utiltiy NA Qty. Ord. 1.00 1.00 1.00 2.00 4.00 1.00 Item / Vendor Part Number BKRT00091 / S249-3200 LEDS03676 / ELUC3H019D LEDS03657 / ELUC3H010E LEDS03674 / ELUC3H010B LEDS02981 / PLUCTCL1 LEDS02941 / ENT3B3D Description -Rear "brake with Warn" function -Hook Mount Kit for 2020 Ford Utility -EDS Quote ID# QE48847, Line 1 Under Hood Remote Node Mounting Bracket, 2020 Ford Utility ***Emergency Lighting*** Universal Under Cover LED Insert, 5-Wire, Red/White - Driver Side Headlight Housing Universal Under Cover LED Insert, 5-Wire, Blue/White - Passenger Side Headlight Housing Universal Under Cover LED Insert, 5-Wire, Blue - Rear Brake Light Housing Twist -In L/C LED Collar Kit Intersector Surface Mount LED Warning Light, Red/White - Exterior Under Mirror LED, Driver Side Unit Price 45.0000 66.5000 66.5000 66.5000 2.5000 149.0000 Tax Y Y Y Y Y Y Extended Price 45.00 66.50 66.50 133.00 10.00 149.00 Quotation continued on next page ... 116 of 278 Quotation AEP California 10729 Wheatlands Ave. Suite C Santee, CA92071 Phone: (619) 596-1925 Fax: (619) 596-1909 Sold To: National City Police Department, City of Attn: Greg Seward 1200 National City Blvd National City, CA 91950-6530 Ship To: Date Feb 9, 2021 Page 3 Order Number QTE0029067 AEP Santee Reference '21 Patrol Utility K9 Replacement PO Number Customer No. NAT11101 Salesperson PT Order Date Feb 9, 2021 Ship Via Terms NET30 Year Make Model Color State Contract # 2021 Ford Utiltty NA Qty. Ord. 1.00 2.00 1.00 1.00 2.00 1.00 1,00 1.00 Item /Vendor Part Number LEDS02942 / ENT3B3E BKRT00113 / PMP2BKUMB4 LEDS03386 / EMPS2STS4D LEDS03387 / EMPS2STS4E LEDS03567 / PMP2WSSSB LEDS03811 / EMPSISLS1R LEDS03810 / EMPSISLSIB LEDS02941 / ENT3B3D Description Intersector Surface Mount LED Warning Light, Blue/White - Exterior Under Mirror LED, Passenger Side Under Mirror Bracket, mPower/Intersector, 20+ Utility, Each mPower Fascia LED, Stud Mount, 12-LED, Red/White - Rear 1/4 window LED, driver side facing mPower Fascia LED, Stud Mount, 12-LED, Blue/White - Rear 1/4 window LED, Passenger Side 4" mPower 25-90 degree Glass Mount/Shroud, Black - Brackets Rear 1/4 window LED's mPower3" Stud Mount, 4-LED, Red - Liftgate Open LED, Driver Side mPower 3" Stud Mount, 4-LED, Blue - Liftgate Open LED, Passenger Side ***2020 Utility Push Bumper with Front Lighting*** Intersector Surface Mount LED Warning Light, RedNVhite Unit Price 149,0000 16.0000 98.0000 98.0000 7.5000 60,0000 60.0000 149,0000 Tax Y Y Y Y Y Y Y Y Extended Price 149.00 32.00 98.00 98.00 15.00 60.00 60.00 149.00 Quotation continued on next page ... 117 of 278 Quotation AEP California 10729 Wheatlands Ave, Suite C Santee, CA 92071 Phone: (619) 596-1925 Fax: (619) 596-1909 Sold To: National City Police Department, City of Attn: Greg Seward 1200 National City Blvd National City, CA 91950-6530 Ship To: Date Page Feb 9, 2021 4 Order Number QTE0029067 AEP Santee Reference "21 Patrol Utility K9 Replacement PO Number Customer No. NAT11101 Salesperson PT Order Date Feb 9, 2021 Ship Via Terms NET30 Year Make Model Color State Contract # 2021 Ford Utiltiy NA Qty. Ord. 1.00 1.00 1,00 1.00 2.00 1.00 1.00 1.00 Item / Vendor Part Number LEDS02942 / ENT3B3E LEDS03192 / ENFRMS3(D) LEDS03193 / ENFRMS3(E) BUMP00722 / BK00531TU20AER LEDS03504 / EMPS2STS5RBW BKRT00074 / PMP2RS101 PATC00261 / PP-PF2-BP-001-A PATC00262 / PP-UF2-BP-001-A Description Intersector Surface Mount LED Warning Light, Blue/White nForce LED, D12, Red/White, Replacement Module nForce LED, D12, Blue/White, Replacement Module PB450-LR Push Bumper, SoundOff nForce/Intersec, 2020 Utility ***2020 Utility Rear Lighting Option*** mPower Fascia LED, Stud Mount, 18-LED, Red/Blue/White (Mounts under rear spoiler) (Will flash Red/Blue warning, provide brake with warn function and add additional rear scene lighting with reverse.) Under Spoiler mPower Bracket, 1-Module, 2020 Utility **Base Electrical System / Theft Prevention*** Patrol Power Plug-n-Play Wire Harness, Utility, BP, Primary Patrol Power Plug-n-Play Wire Harness, Utility, BP, Und Hood Unit Price 149,0000 78,5000 78.5000 399,0000 108.5000 31.5000 1,196,2500 186.7500 Tax Y Y Y Y Y Y Y Y Extended Price 149.00 78.50 78.50 399.00 217.00 31,50 1,196.25 186,75 Quotation continued on next page ... 118 of 278 Quotation AEP California 10729 Wheatlands Ave. Suite C Santee, CA 92071 Phone: (619) 596-1925 Fax: (619) 596-1909 Sold To: National City Police Department, City of Attn: Greg Seward 1200 National City Blvd National City, CA 91950-6530 Ship To: Date Feb 9, 2021 Page 5 Order Number QTE0029067 AEP Santee Reference '21 Patrol Utility K9 Replacement PO Number Customer No, NAT11101 Salesperson PT Order Date Feb 9, 2021 Ship Via Terms NET30 Year Make Model Color State Contract # 2021 Ford Utiltiy NA Qty. Ord. 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Item / Vendor Part Number PATC00263 / PP-BUI-SO-001-A INST05636 / 2122 INST05624 / 3711 BKRT00092 / PIU20-EQUIP-001 BKRT00093 / PIU2O-RADIO-KIT VACC01714 / AEP-SW-IDLE VACC00342 / 13-100 VACC01453 / AEP-LABEL-CARC DOME00005 / ECVDMLTALOO CONS01599 / 7170-0735-01 FACE00546 / 7160-0321 Description Patrol Power Plug-n-Play Wire Harness, Universal, Bumper Cat5 Cable, 3', Blue, Exterior BOB to Splitter/Central Cat5 Cable, 3', Pink, 480 Siren Amp to Central Electronics Mounting Plate SOS, DRV 1/4 Panel, 20+ Utility Radio T/R Mounting Bracket, OEM Cubby Pocket, 20+ Utility Switch, Idle Security, Off -On Toggle Switch, Off -On, SPST.. Switch Label Plaque, "Cargo Dome, Door -Off' LED Dome Light, Red/Wht,Universal (Rear Lift Gate) ***Center Equipment Console*** 20+ Ford Utility Console 1014.5", w/Cup Holder/Arm Rest FP- Motorola APX -05 Remote Mount Radio, 3" Unit Price 71.2500 1.7500 1.7500 105.0000 40.0000 12.0000 8.0000 6.0000 52.0000 465.0000 0.0000 Tax Y Y Y Y Y Y Y Y Y Y N Extended Price 71.25 1.75 1,75 105.00 40.00 12.00 8.00 6.00 52.00 465.00 0.00 Quotation continued on next page ... 119 of 278 Quotation AEP California 10729 Wheatlands Ave. Suite C Santee, CA 92071 Phone: (619) 596-1925 Fax: (619) 596-1909 Sold To: National City Police Department, City of Attn: Greg Seward 1200 National City Blvd National City, CA 91950-6530 Ship To: Date Page Feb 9, 2021 6 Order Number QTE0029087 AEP Santee Reference '21 Patrol Utility K9 Replacement PO Number j Customer No. NAT11101 Salesperson PT Order Date Feb 9, 2021 Ship Via Terms N ET30 Year Make Model Color State Contract # 2021 Ford Utiltiy NA Qty. Ord. 1.00 1.00 1.00 2.00 1.00 1,00 1.00 1.00 1.00 Item / Vendor Part Number FACE00578 / 14619 FACE00606 / 7160-0459 FACE00799 / C-PS-3 CONS01276 / MMBP-25 VACC01101 / 11010 VACC01102 / 11011 VACC01539 / 11019 DOME00005 / ECVDMLTAl-00 VACCO2277 / PP-BOM-PIU Description P L. 2013-05-15 FP- Sound Off nErgy400 Remote Siren, 3.5" FP- Motorola DEK (1-PC), 2" FP- (3) Contura Switch Cut -Outs, 1.5" Magnetic Microphone Mount DC Power Port (Install on Passenger Side of Console) DC Power Port Cap Dual USB 2.4A Charger for Contura SW Cut -Out LED Dome Light, Red/White, Universal - Front Passenger Compartment Dome ***Brake Kill System*** Patrol Power Black -Out Module w/ Ford PIU Harness ***Computer Mount (Panaconic CF-33 w/ Keyboard)*** Unit Price 0.0000 0.0000 23.0000 38.0000 5.0000 0.5000 18.0000 52,0000 350.0000 Tax N N Y Y Y Y Y Y Y Extended Price 0.00 0.00 23.00 76.00 5.00 0.50 18.00 52.00 350,00 Quotation continued on next page ... 120 of 278 Quotation AEP California 10729 Wheatlands Ave. Suite C Santee, CA 92071 Phone: (619) 596-1925 Fax; (619) 596-1909 Sold To: National City Police Department, City of Attn: Greg Seward 1200 National City Blvd National City, CA 91950-6530 Ship To: Date Page Feb 9, 2021 7 Order Number QTE0029067 AEP Santee Reference '21 Patrol Utility K9 Replacement PO Number Customer No. NAT11101 Salesperson PT Order Date Feb 9, 2021 Ship Via Terms NET30 Year 2021 Ford Make Model Uti Itiy Color NA State Contract 0 Qty. Ord. 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Item / Vendor Part Number COMP01803 / DS-PAN-1112-2 COMP01749 / KBA-BLTX-UCNNF CONS01677 / 7160-1346 CONS01468 / 7160-0872 CONS01634 / 7160-1216-09 COMP01598 / 7160-0857 ANTE00968 / GP-1N2236 ANTE00792 / AFGB-832 ANTE00782 J C23F-5M K9AD00509 / K9-F28-1-B Description CF33 Laptop/ Tablet Docking Station, Dual RF w/ Power Supply TG3 Mobile Keyboard w/ Touch Pad, USB Coiled Cord On Dash Computer Mount Offset Bracket Mongoose XLE 9" Motion Attachment Keyboard Tray, Low Profile, Quick Release ***Radio and Data Antenna*** GPSB Sharkee Antenna kit, Cell w! TNC, GPS w/TNC (Opt Whip) Antenna Whip (Sharkee), 760-876 MHz Radio Antenna Extension Cable, 16', Mini -UHF (MPL) "*K9 Transport and Deployment System*** 2020 Ford Utility K9 Transport System, Black Unit Price 1,299.0000 228.0000 275.0000 26.0000 332.0000 120.0000 198.0000 26,0000 15.0000 2,395.0000 Tax Y Y Y Y Y Y Y Y Y Y Extended Price 1,299.00 228.00 275.00 26.00 332.00 120.00 198.00 26.00 15.00 2,395.00 Quotation continued on next page ... 121 of 278 Quotation AEP California 10729 Wheatlands Ave, Suite C Santee, CA 92071 Phone: (619) 596-1925 Fax: (619) 596-1909 Sold To: National City Police Department, City of Attn: Greg Seward 1200 National City Blvd National City, CA 91950-6530 Ship To: Date Feb 9, 2021 Page 8 Order Number QTE0029067 AEP Santee Reference '21 Patrol Utility K9 Replacement PO Number Customer No. NAT11101 Salesperson PT Order Date Feb 9, 2021 Ship Via Terms N ET30 Year 2021 Ford Make Utilti Model Color NA State Contract # Qty, Ord. 1.00 1.00 1.00 1.00 1.00 2.00 1.00 1.00 1.00 1.00 1.00 Item !Vendor Part Number K9AD00518 / K9-A-110-B K9AD00418 / WG1007335 K9AD00347 / SUM-G4901S K9AD00492 / K9A13145 K9AD00029 / F3 UTIL01075 / 9416K74 VACCO2296 / 9416K2-60 UTIL01654 / 0717148 K9AD00363 / AEP-UV-K9-BKT VACC01450 / AEP-SW-DOME! TINT90001 / Window Tint Description Headliner Protection Inserts, Black Havis K9 Kennel Window Guard Fan Adapter 10" Electric Cooling Fan, Push/Pull, 666 CFM K9 No -Spill Water Bowl Assembly K9 Deployment and Heat Alert System wlPager 10 mm Steel Ball Socket for M6 Thread Gas Spring with Thread Gas Spring for K9 Door on 2020+ Utility wl Havis, 22.36" 601 Spring for K9 Door Solenoid of Ford SUV Door Latch Cable Bracket for K9 Release Switch, Rear Dome Light, On -Off -On Window Tint Solar Control: Front Windows: 35% Unit Price 160.0000 39.0000 85.0000 39.0000 1,299.0000 3.5000 34,0000 8.0000 12.0000 12.0000 295.0000 Tax Y Y Y Y Y Y Y Y Y Y Y Extended Price 160.00 39,00 85.00 39.00 1,299.00 7.00 34.00 8.00 12.00 12.00 295.00 Quotation continued on next page ... 122 of 278 Quotation AEP California 10729 Wheatlands Ave. Suite C Santee, CA92071 Phone: (619) 596-1925 Fax: (619)596-1909 Sold To: National City Police Department, City of Attn: Greg Seward 1200 National City Blvd National City, CA 91950-6530 Ship To: Date Page Feb 9, 2021 9 Order Number QTE0029067 AEP Santee Reference '21 Patrol Utility K9 Replacement PO Number Customer No. NAT11101 Salesperson PT Order Date Feb 9, 2021 Ship Via Terms N ET30 Year 2021 Ford Make Model Utiltiy 1 Color NA State Contract f Qty. Ord. 1.00 1.00 1.00 1.00 1.00 1,00 1.00 Item / Vendor Part Number GUNM00690 / GR2-K9-UNIV-870, GUNM00513 / AR-TDP-GUARD VACCO2123 / TK08411TU20 BKRT00117 / PIU20-BXK9ADPT UTIL01516 / 25614 VACC01552 / 862 DOME00005 / ECVDMLTAL00 Description Rear Side Doors/Rear Cargo: 5% LIMO ***Front Weapon Mount*** Dual Gun Rack, K9 Vertical Mount, 870 / AR15 with BLM AR-15 Takedown Pin Guard **"Rear Cargo Storage System*** Setina 2 Drawer, Sliding, Top Combo Lock, Elevated, 2020 PIU Brackets for Setina Strong Box w/ Havis K9 Kennel, 20+ PIU Fire Extinguisher, 5Ib ABC Dry Chem Heavy Duty Fire Extinguisher Mounting Bracket, Rubber Straps LED Dome Light, Red/White, Universal (Cargo Headliner) ***Ballistic Door Panels**" Unit Price 448.0000 160.0000 1,248.0000 150,0000 50.0000 50.0000 52.0000 Tax Y Y Y Y Y Y Y Extended Price 448,00 160.00 1,248.00 150.00 50.00 50.00 52.00 Quotation continued on next page ... 123 of 278 Quotation AEP California 10729 WheatlandsAve, Suite C Santee, CA 92071 Phone: (619) 596-1925 Fax: (619) 596-1909 Sold To: National City Police Department, City of Attn: Greg Seward 1200 National City Blvd National City, CA 91950-6530 Ship To: Date Page Feb 9, 2021 10 Order Number QTE0029067 AEP Santee Reference '21 Patrol Utility K9 Replacement PO Number Customer No. NAT11101 Salesperson PT Order Date Feb 9, 2021 Ship Via Terms NET30 Year 2021 Ford Make Model Utiltiy Color NA State Contract # Qty. Ord. 1.00 1,00 1.00 1.00 50.00 1.00 1.00 Item ! Vendor Part Number VACCO2117 / AngArm-00339 VACCO2118 / AngArm-00340 GRAP90001 / Graphics GRAP90014 / Graphics LAB090001 / AEP INSTALL SHOP90006 / Shop Supplies INST05685 / CSM Description Avail Ballistic Door Panel, Level IIIA, Driver 2020 Utility Avail Ballistic Door Panel, Level IIIA, Pass. 2020 Utility ***Graphics*** National City PD Patrol Graphics Package Add K9 Specific ***Installation/ Freight*** Installation Labor Services EVT-Certified Technician Labor Installation Materials / Shop Supplies ***Parts FreightlShipping*** Freight / Shipping ***Customer Supplied Equipment*** -Motorola APX 6500 Remote Radio Kit Unit Price 879,0000 879.0000 450.0000 100.0000 70.0000 125.0000 0.0000 Tax Y Y Y Y Y Y N N Extended Price 879.00 879.00 450,00 100.00 3,500.00 125.00 200.00 0.00 Thank you for the opportunity to earn your business Parts 19,358.75 Terms & Conditions: Labor 1 Services 3,950.00 • Estimates valid for 60 days Trans / Trip / Fee 0.00 • Orders will be invoiced upon notification of completion • Returns subject to 25% restocking fee, No returns on special Shipping pp g 200.00 order items. Order Discount 0.00 • Credit Card payments accepted for payments of orders/invoicing totaling $10,000 or less only. Subtotal 23,508.75 SIGNATURE (not required if PO/contract is issued) Total sales tax 2,039.51 Total order 25,548.26 124 of 278 NAME: KJ-YtOA3A-t/ LL-ry E-Mail: TRUE CUSTOMS 1316 NATIONAL CITY BLVD NATIONAL CITY, CA, 91950 www.sdtruecustoms.com Phone# (619)434-8772 Fax:(619)434-8781 sales@sdtruecustoms.com BAR : ARD00287061 PHONE ([`) L45`t_ 1lL4v SALES REP: INVOICE: MAKE MODEL YEAR MILEAGE UC. PLATE r-cre-i) DESCRIPTION OF WORK: Sublet To: QTY/ CONDITION LABOR HRS COST PRICE r, , I-1 r co-cp LI 5-c --- V&-Ac L a-n.-?cc I'') 7 . . EST1?:LT€ CONDITION* N= New 11 U=Used /1 R= Refurbish /1 D= Damage DEPOSIT: BALANCE: I\ t I SUBTOTAL I \SUB TOTAL r SALES PARTS LABOR TAX 75c,x? `-7 (. 50 Additional Cost: Authorize B e ' y R vFso Estimate: 7--1 , Description: TOTAL (?LL/8 �G uthorize gy: P!t - Date Time: PAYMENT TERMS: CASH DEBIT C.0 Finance Paypal I hereby authorize the repair work to be done along with the necessary materials. You and your employees may operate vehicle for the purpose of testing, inspection or delivery at my own risk. An express mechanic's lien is acknowledged on vehicle to secure the amount of repairs thereto. You will not be held responsible for loss or damage to vehicle or articles left in the vehicle in case of fire, theft, accidents or any other cause beyond your control. A $45.00 PER DAY storage fee will be a charge for any car left over 3 day after completion. Alt sales are final! There are no retums or refunds. No refunds or returns on special orders or cancellation on any financing. Any Item left aver 14 days becomes the property of true Customs. In an event of return with manager's approval, there will be a 35% restocking fee. All refunds will be mailed via US mail within 14 days of retum item. Any wheels and tires left at True Customs after 3 days will be sent for recycling there are no exceptions. Warranty will be under Manufacturer's specifications unless stated in writing on the purchase order referenced above; NO WARRANTY On used merchandise or refunds No Warranty on product provided by customer or any other than True Customs on parts and labor. 1 authorize True Customs to do a multi point service inspection on my vehicle at no additional charge if necessary. Signature AUTHORF7F11 RY• COMPLETION CERTIFICATE: GUARANTEE OF PAYMENT: I HAVE INSPEt,1 tli MY VEHICLE AND AM SATISFIED THAT THIS SHOP HAS COMPLETED THE SERVICES ON THE REPAIR ORDER REFERENCED ABOVE. I HAVE ALSO RECEIVED A COPY OF THIS REPAIR ORDER X DATE: I AGREE THAT IF ANY OBLIGATIONS FOR REPAIRS, PARTS OR OTHER MATERIALS IS NOT PAID WHEN DUE OR IF SUIT BROUGHT FOR PAYMENT ON THIS CHECK OR ANY REPAIR HERETO. I SHALL PAY ALL REASONABLE COST OF COLLECTION INCLUDING ATTORNEY FEES, COURT rrisTs INTEREST AND ALL OTHER MONIES PROVIDED BY LAW. X 125 of 278 6354 Riverdale street San Diego, CA 92120 (619) 677-3634 Great. Big. GropA:cs. Created Date: 3/2/2021 ESTI MATE EST-20433 Payment Terms: Net 30 DESCRIPTION: 2021 Police Interceptor Ford - Vin: Bill To: City Of National City 1243 National City Boulevard National City, CA 91950 US Pickup At: SpeedPro Imaging -Mission Valley 6354 Riverdale street San Diego, CA 92120 US Requested By: Ruben Huerta Salesperson: House SpeedPro Imaging -Mission Valley Email: rhuerta@nationalcityca.gov Entered By: Jessica Alarcon NO. Product Summary QTY UNIT PRICE AMOUNT 1 Police 2021 Ford Explorer - Vehicle Vinyl to approved mock up, install included $307.00 $307.00 This estimate is valid for two weeks. Changes, additions and deletions to the estimate may result in additional charges. The estimate is based on print -ready files. Design is available at an hourly rate. Sales tax will be added to the invoice unless a Sales Tax Exemption Certificate is on file. Acceptance of the estimate authorizes SpeedPro Imaging to initiate production. Generally, a deposit of 50% is also required. All amounts are due upon delivery of the products unless other arrangements have been formally agreed upon. Manufacturer Warranties covering adhesion and durability of the adhesive films may exist. However, SpeedPro does not guarantee adhesion of films to substrates not provided by SpeedPro and is not responsible for unusual wear and tear due to external forces such as power washing or car wash systems. ....ESTIMATE ONLY.... Subtotal: Taxes: $307.00 $12.17 Grand Total: $319.17 Any changes to this estimate will result in price changes. Completion will vary based on the date you place your order! Please let us know if you have a specific due date. Generated On: 3/2/2021 4:43 PM 126 of 278 LFDATROL POW : March 25, 2020 National City Police Department Greg Seward, Lieutenant 1200 National City Blvd, National City, CA 91950 DIEENEMEcapmpi SONCELL NORTH AMERICA A rl: III IC S,I r1 V V\1rA.1 RE: Supporting Sole Source Information for Patrol Power Customized "Plug and Play" Wiring Harness Systems Dear Lt. Seward: This letter is to follow up on our previous meeting, and provide additional supporting technical specifications to the customized wire harness solutions for your in-house police vehicle fleet upfitting service. Here are a few answers to questions that may be asked by your procurement department. What is it?: Patrol Power customized and NCPD proprietary plug -and -play wire harness systems for police vehicles. Why do you need to acquire these goods or services?: The use of a complete harness system will greatly improve vehicle installation turn -around times, system reliability and consistency. Additionally the wire harness systems include complete documentation packages for ease of service. Below are a few of the benefits implementing a Patrol Power plug -and -play harness will provide to the Fleet Operations: • Improve vehicle installation turn -around times by an estimated 8-10 hours per vehicle. • Improve installation consistence as vehicles will not be "individually" wired • Improve installation quality • Provide a repeatable process for fleet consistence regardless of a changing technician workforce • Provide an electrical foundation for upcoming technology • Provide complete electrical schematics for ease of service • Provide a centralized fuse module with power management to preserve battery life How will it be used?: The plug and play harness will be used and installed in all vehicle new vehicle builds. A variation of the harness can be utilized to retrofit vehicles already in service. Were alternative goods or services evaluated?: The wiring systems in police vehicles are customized and designed for agency specific applications. No "off -the -shelf" products are available for evaluation. 10729 Wheatlands Ave. Suite C Santee CA 92071 619-596-1925 (Office) patrick.trampus@aep-na.com 619-997-6213 (Mobile) Patrol-Power.com 127 of 278 LPATROL POWER- SONCELL NORTH AMERICA n PUBL L SAFETY cuMP. SY Why can only this vendor provide these goods or services?: Patrol Power has been serving the public safety industry since 2002, and is the industry leader in complete vehicle electrical systems. National City Fleet operations has reached out to other companies claiming to produce similar products, with no meeting follow-up or design process. Patrol Power has designed a complete plug -and -play wire harness system compatible with NCPD's police vehicles. Patrol Power is the only company who has produced an NCPD specific solution. mom What would be the impact if this sole source / goods or services, is not approved?: If this sole source is not approved, it will have a negative impact on the fleet operations' ability to provide quality vehicles in a timely matter. Below are a few of the negative effects: • Increased vehicle turn -around time and build costs. (estimated at 8-10 hours) • Increased vehicle downtime with future repairs. Additional technical specifications and requirements: 1. The wire harness system must be complete and all encompassing by including all of the required emergency response equipment wiring in the harness loom. No additional wires will be required to complete the circuits and connections. a. This includes all ground circuits, power distribution and interconnect circuits. b. The only allowable exception will be for data cables and RF co -axial cables such as radios control heads, radio antenna, radar antennas, and computer data antennas. 2. All wiring must be automotive cross-link polyethylene (XLPE) type wire with GXL thin wall insulation. TXL extra thin wall insulation may not be used in any Underhood environment, as it does not satisfy Ford Motor Company's requirements. All wiring must meet of exceed the following specifications: a. SAE J1128-GXL b. Temperature range of: -60deg F to 257deg F c. Stranded bare copper d. All wiring must be color coded and function printed. No repeats in wire identification will be permitted. e. Wires of the same primary color, but with different function must be identified with a colored stripe / tracer, in addition to the function printing. 3. All wiring bundles within the vehicle will be taped with anti -abrasion cloth tape to minimize bundle diameter and provide a flexible yet tightly bundled harness. The use of protective split - loom conduit will be utilized where appropriate to avoid wire chaffing. 4. All wiring located in the vehicle's Underhood must be protected with nylon corrugated split - loom. The loom must meet or exceed the following specifications: a. Nylon material meeting Delphi Packard M-2170 and ASTM D4066 specifications b. Temperature range of: -40deg F to 257deg F 10729 Wheatlands Ave Suite C Santee CA 92071 t. 619-596-1925 (Office) patrick.trampus@aep-na.com 619-997-6213 (Mobile) Patrol-Power.com 128 of 278 PATROL POWER k› SONCELL NORTH AMERICA A r!: 11 1. I c SAFETY COMPANY 5. A matching OEM automotive connector must be pre -installed on any harness breakout which is to connect to an existing OEM connector. This includes but is not limited to the following: a. GM's "6J3" upfitter connector located at the center dash b. GM's "Speaker" pass through connector located near the starting battery. c. GM's Horn interface located with the upfitter harness d. GM's passenger side spot light 6. Automotive connectors must be pre -installed on any harness breakout which is to connect to a component commonly removed for vehicle service. This includes but is not limited to the following: a. Vehicle push bumper mounted warning lights b. Push bumper mounted scene /Off -Road light c. Siren speaker(s) d. Fog mounted / lower air damn mounted LED's e. Rear lift gate trim panel mounted LED's (dome Tight / lift gate open LED's) f. Rear side % window LED's if mounted to interior trim panel 7. All automotive connectors must be of premium quality and construction. All terminal crimps must be performed with the appropriate factory tooling. Any open cavity in a connector body must be sealed with an appropriate blank circuit plug. With exception to the matching mating connectors for OEM components and aftermarket emergency component, the following are the only acceptable connectors for use within the harness: a. Molex MX150 Sealed connector system i. Tested to IEC IP6K7 and IP6K9K standards ii. SAE USCAR-2 iii. Environmentally sealed iv. Temperature range of: -40deg F to 257deg F v. 22-amps per circuit b. Molex ML-XT Series i. Tested to IEC IP68 and IP69K standards ii. SAE J2030 iii. Temperature range of: -67deg F to 257deg F iv. 13-amps per circuit c. Amphenol AT Series i. Tested to IEC IP69K standards ii. RoHS compliant iii. Temperature range of: -67deg F to 257deg F iv. 13-amps per circuit 8. A matching OEM automotive connector must be pre -installed on any harness breakout which is to connect to an aftermarket emergency component. Not required for components with "flying leads" such as mPower LED's. This includes but is not limited to the following: 10729 Wheatlands Ave Suite C Santee CA 92071 t 619-596-1925 (Office) 619-997-6213 (Mobile) ridr patrick.trampus@aep-na.com Patrol-Power.com 129 of 278 PATROL POWER a. bluePRINT central controller b. bluePRINT 480 amp / relay module c. bluePRINT remote node d. Console switches e. SoundOff 6" round dome lights 4>0 SONCELL NORTH AMERICA PU BIL If SAFETY COMPANY 9. The harness shall be constructed as to completely eliminate unnecessary wire splices. Splices shall only be permitted when splitting a circuit or connecting to a component with a non- removeable wire pigtail. 10. A master disconnect circuit breaker shall be installed on the sole main power input cable. The breakers shall serve as a master disconnect for all aftermarket equipment. The breaker shall mount to the vehicle with use of a vehicle specific bracket to insure consistent placement. 11. The main power input cable shall be electrically connected to the auxiliary battery (if equipped) 12. The harness must include a centralized fuse / power distribution module. The module must be fully weatherized if installed in a location susceptible to environmental intrusions and/or excessive temperatures. 13. The power distribution module must include a serviceable / removeable relay capable of at least 70-amps of current. The relay is to be controlled via the SoundOff bluePRINT system for time, voltage and load sheading capibility. The relay's output shall provide a switched 12V to selectable fused circuits within the power distribution module. I hope that you have found this document useful. Please contact me should you have any questions and my team and I will be happy to assist. Best regards, Patrick Trampus, Area Sales Manager 10729 Wheatlands Ave Suite C Santee CA 92071 t 619-596-1925 (Office) 619-997-9620 (Mobile) patrick.trampus@aep-na.com Patrol-Power.com 130 of 278 The following page(s) contain the backup material for Agenda Item: Investment transactions for the month ended February 28, 2021. (Finance) Please scroll down to view the backup material. 131 of 278 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 20, 2021 AGENDA ITEM NO.: ITEM TITLE: Investment transactions for the month ended February 28, 2021. PREPARED BY: R.ay. at4€441, DEPARTMENT: Finance IcC�e ,�o�aena PHONE: 619-336-4346 APPROVED BY: EXPLANATION: In accordance with California Government Code Section 53646 and Section XIIA of the City of National City's investment policy, a monthly report shall be submitted to the legislative body accounting for transactions made during the reporting period. The attached listing reflects investment transactions of the City of National City's investment portfolio for the month ending February 28, 2021. FINANCIAL STATEMENT: ACCOUNT NO. NA APPROVED: APPROVED: ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION FINANCE MIS STAFF RECOMMENDATION: Accept and file the Investment Transaction Ledger for the month ended February 28, 2021. BOARD / COMMISSION RECOMMENDATION: NA ATTACHMENTS: Investment Transaction Ledger 132 of 278 City of National City Consolidated Account#10218 Transaction Ledger As of February 28, 2021 CM Transaction Type Settlement Date CUSIP Quantity Security Description Acq/Disp Price Yield Amount Interest Pur/Sold Total Amount Gain/Loss ACQUISITIONS Purchase 02/02/2021 60934N807 4.40 Federated Investors Govt Oblig Fund Inst. 1.000 0.01% 4.40 0.00 4.40 0.00 Purchase 02/04/2021 60934N807 276,883.83 Federated Investors Govt Oblig Fund Inst. 1.000 0.01% 276,883.83 0.00 276,883.83 0.00 Purchase 02/07/2021 60934N807 5,200.00 Federated Investors Govt Oblig Fund Inst. 1.000 0.01% 5,200.00 0.00 5,200.00 0.00 Purchase 02/08/2021 89240BAC2 290,000.00 Toyota Auto Receivables Owners 2021- A A3 0.26% Due 5/15/2025 99.981 0.27% 289,946.18 0.00 289,946.18 0.00 Purchase 02/12/2021 60934N807 4,687.50 Federated Investors Govt Oblig Fund Inst. 1.000 0.01% 4,687.50 0.00 4,687.50 0.00 Purchase 02/16/2021 60934N807 600,000.00 Federated Investors Govt Oblig Fund Inst. 1.000 0.01% 600,000.00 0.00 600,000.00 0.00 Purchase 02/16/2021 60934N807 7,125.00 Federated Investors Govt Oblig Fund Inst. 1.000 0.01% 7,125.00 0.00 7,125.00 0.00 Purchase 02/16/2021 60934N807 148.33 Federated Investors Govt Oblig Fund Inst. 1.000 0.01% 148.33 0.00 148.33 0.00 Purchase 02/16/2021 60934N807 211.79 Federated Investors Govt Oblig Fund Inst. 1.000 0.01% 211.79 0.00 211.79 0.00 Purchase 02/16/2021 60934N807 31.88 Federated Investors Govt Oblig Fund Inst. 1.000 0.01% 31.88 0.00 31.88 0.00 Purchase Purchase Purchase Purchase Purchase Purchase 02/16/2021 60934N807 02/16/2021 60934N807 02/16/2021 60934N807 155.83 Federated Investors Govt Oblig Fund Inst. 579.00 Federated Investors Govt Oblig Fund Inst. 56.83 Federated Investors Govt Oblig Fund Inst. 02/16/2021 60934N807 02/16/2021 60934N807 1.000 0.01% 155.83 0.00 155.83 0.00 29.17 Federated Investors Govt Oblig Fund Inst. 332.00 Federated Investors Govt Oblig Fund Inst. 02/16/2021 60934N807 15,916.11 Federated Investors Govt Oblig Fund Inst. 1.000 0.01% 579.00 0.00 579.00 0.00 1.000 0.01% 56.83 1.000 0.01% 1.000 0.01% 29.17 332.00 1.000 0.01% 15,916.11 0.00 0.00 0.00 0.00 56.83 0.00 29.17 332.00 15,916.11 0.00 0.00 0.00 Chandler Asset Management - CONFIDENTIAL Page 9 Execution Time: 3/31/2021 133 of 278 City of National City Consolidated Account#10218 Transaction Ledger As of February 28, 2021 CM Transaction Type Settlement Date CUSIP Quantity Security Description Acq/Disp Price Yield Amount Interest Pur/Sold Total Amount Gain/Loss ACQUISITIONS Purchase 02/17/2021 60934N807 2,750.00 Federated Investors Govt Oblig Fund Inst. 1.000 0.01% 2,750.00 0.00 2,750.00 0.00 Purchase 02/18/2021 60934N807 215,000.00 Federated Investors Govt Oblig Fund Inst. 1.000 0.01% 215,000.00 0.00 215,000.00 0.00 Purchase 02/18/2021 60934N807 1,478.13 Federated Investors Govt Oblig Fund Inst. 1.000 0.01% 1,478.13 0.00 1,478.13 0.00 Purchase 02/18/2021 60934N807 77.08 Federated Investors Govt Oblig Fund Inst. 1.000 0.01% 77.08 0.00 77.08 0.00 Purchase 02/18/2021 60934N807 9,653.65 Federated Investors Govt Oblig Fund Inst. 1.000 0.01% 9,653.65 0.00 9,653.65 0.00 Purchase 02/22/2021 60934N807 93.92 Federated Investors Govt Oblig Fund Inst. 1.000 0.01% 93.92 0.00 93.92 0.00 Purchase Purchase 02/22/2021 60934N807 02/24/2021 43813GAC5 13,364.73 Federated Investors Govt Oblig Fund Inst. 80,000.00 Honda Auto Receivables Trust 2021-1 A3 0.27% Due 4/21/2025 1.000 0.01% 13, 364.73 0.00 99.998 0.27% 79,998.54 0.00 13,364.73 79,998.54 0.00 0.00 Purchase 02/24/2021 60934N807 1,143.75 Federated Investors Govt Oblig Fund Inst. 1.000 0.01% 1,143.75 0.00 1,143.75 0.00 Purchase 02/26/2021 912828ZT0 675,000.00 US Treasury Note 0.25% Due 5/31/2025 98.535 0.60% 665,112.30 407.97 665,520.27 0.00 Purchase 02/28/2021 60934N807 8,156.25 Federated Investors Govt Oblig Fund Inst. 1.000 0.01% 8,156.25 0.00 8,156.25 0.00 Subtotal 2,208,079.18 2,198,136.20 407.97 2,198,544.17 0.00 Security 02/08/2021 60934N807 Contribution 15,388.65 Federated Investors Govt Oblig Fund Inst. 1.000 15,388.65 0.00 15,388.65 0.00 Security 02/25/2021 90LAIF$00 Contribution 5,500,000.00 Local Agency Investment Fund State Pool 1.000 5,500,000.00 0.00 5,500,000.00 0.00 Security Contribution 02/28/2021 90SDCP$00 143,000.00 County of San Diego Pooled Investment 1.000 Pool 143,000.00 0.00 143,000.00 0.00 Subtotal 5,658,388.65 5,658,388.65 0.00 5,658,388.65 0.00 Chandler Asset Management - CONFIDENTIAL Page 10 Execution Time: 3/31/2021 134 of 278 City of National City Consolidated Account#10218 Transaction Ledger As of February 28, 2021 CM Transaction Settlement Type Date CUSIP Quantity Security Description c Price Aq/Disp Yield Amount Interest Pur/Sold Total Amount Gain/Loss ACQUISITIONS Short Sale 02/08/2021 60934N807 -289,946.18 Federated Investors Govt Oblig Fund Inst. 1.000 -289,946.18 0.00-289,946.18 0.00 Subtotal -289,946.18 -289,946.18 0.00 -289,946.18 0.00 TOTAL ACQUISITIONS 7,576,521.65 7,566,578.67 407.97 7,566,986.64 0.00 DISPOSITIONS Closing 02/08/2021 60934N807 -289,946.18 Federated Investors Govt Oblig Fund 1.000 Purchase Inst. -289,946.18 0.00 -289,946.18 0.00 Subtotal -289,946.18 -289,946.18 0.00 -289,946.18 0.00 Sale 02/04/2021 3130A7CV5 275,000.00 FHLB Note 1.375% Due 2/18/2021 100.051 0.06% 275,140.25 1,743.58 276,883.83 -398.75 Sale 02/08/2021 60934N807 289,946.18 Federated Investors Govt Oblig Fund 1.000 0.01% 289,946.18 0.00 289,946.18 0.00 Inst. Sale 02/24/2021 60934N807 79,998.54 Federated Investors Govt Oblig Fund 1.000 0.01% 79,998.54 0.00 79,998.54 0.00 Inst. Sale 02/26/2021 60934N807 665,520.27 Federated Investors Govt Oblig Fund 1.000 0.01% 665,520.27 0.00 665,520.27 0.00 Inst. Subtotal 1,310,464.99 1,310,605.24 1,743.58 1,312,348.82 -398.75 Paydown 02/16/2021 43815NAC8 0.00 Honda Auto Receivables Trust 2019-3 100.000 0.00 148.33 148.33 0.00 A3 1.78% Due 8/15/2023 Paydown 02/16/2021 477870AC3 0.00 John Deere Owner Trust 2019-B A3 100.000 0.00 211.79 211.79 0.00 2.21% Due 12/15/2023 Paydown 02/16/2021 47787NAC3 0.00 John Deere Owner Trust 2020-B A3 100.000 0.00 31.88 31.88 0.00 0.51% Due 11/15/2024 Paydown 02/16/2021 47789KAC7 0.00 John Deere Owner Trust 2020-A A3 100.000 0.00 155.83 155.83 0.00 1.1% Due 8/15/2024 Chandler Asset Management - CONFIDENTIAL Page 11 Execution Time: 3/31/2021 135 of 278 City of National City Consolidated Account#10218 Transaction Ledger As of February 28, 2021 CM Transaction Settlement Type Date CUSIP Quantity Security Description c Price Aq/Disp Yield Amount Interest Pur/Sold Total Amount Gain/Loss DISPOSITIONS Paydown 02/16/2021 65479JAD5 Paydown 02/16/2021 89232HAC9 0.00 Nissan Auto Receivables Owner 2019-C 100.000 A3 1.93% Due 7/15/2024 0.00 579.00 579.00 0.00 0.00 Toyota Auto Receivable Own 2020-A A3 100.000 1.66% Due 5/15/2024 0.00 332.00 332.00 0.00 Paydown 02/16/2021 89236XAC0 0.00 Toyota Auto Receivables 2020-D A3 100.000 0.00 29.17 29.17 0.00 0.35% Due 1/15/2025 Paydown 02/16/2021 89237VAB5 0.00 Toyota Auto Receivables Trust 2020-C 100.000 0.00 56.83 56.83 0.00 A3 0.44% Due 10/15/2024 Paydown 02/16/2021 89238KAD4 15,871.18 Toyota Auto Receivables Trust 2017-D 100.000 15,871.18 44.93 15,916.11 44.01 A3 1.93% Due 1/18/2022 Paydown 02/18/2021 43813KAC6 0.00 Honda Auto Receivables Trust 2020-3 100.000 0.00 77.08 77.08 0.00 A3 0.37% Due 10/18/2024 Paydown 02/18/2021 43814UAG4 9,516.68 Honda Auto Receivables Trust 2018-2 100.000 9,516.68 136.97 9,653.65 0.21 A3 3.01% Due 5/18/2022 Paydown 02/22/2021 43813RAC1 0.00 Honda Auto Receivables 2020-1 A3 100.000 0.00 93.92 93.92 0.00 1.61% Due 4/22/2024 Paydown 02/22/2021 43815HAC1 13,114.03 Honda Auto Receivables Trust 2018-3 100.000 13,114.03 250.70 13,364.73 1.80 A3 2.95% Due 8/22/2022 Subtotal 38,501.89 38,501.89 2,148.43 40,650.32 46.02 Maturity 02/16/2021 3137EAEL9 600,000.00 FHLMC Note 2.375% Due 2/16/2021 Maturity 02/18/2021 3130A7CV5 215,000.00 FHLB Note 1.375% Due 2/18/2021 100.000 100.000 600,000.00 0.00 215,000.00 0.00 600,000.00 1,932.00 215,000.00 -421.40 Subtotal 815,000.00 815,000.00 0.00 815,000.00 1,510.60 Security Withdrawal 02/04/2021 60934N807 2,326.30 Federated Investors Govt Oblig Fund 1.000 Inst. 2,326.30 0.00 2,326.30 0.00 Chandler Asset Management - CONFIDENTIAL Page 12 Execution Time: 3/31/2021 136 of 278 City of National City Consolidated Account#10218 Transaction Ledger As of February 28, 2021 CM Transaction Type Settlement Date CUSIP Quantity Security Description c Price Aq/Disp Yield Amount Interest Pur/Sold Total Amount Gain/Loss DISPOSITIONS Security 02/08/2021 60934N807 Withdrawal 15,388.65 Federated Investors Govt Oblig Fund Inst. 1.000 15,388.65 0.00 15,388.65 0.00 Subtotal 17,714.95 17,714.95 0.00 17,714.95 0.00 TOTAL DISPOSITIONS 1,891,735.65 1,891,875.90 3,892.01 1,895,767.91 1,157.87 OTHER TRANSACTIONS Interest Interest Interest Interest 02/07/2021 06406RAA5 02/12/2021 3137EAEPO 02/16/2021 3137EAEL9 02/17/2021 3135G0N82 Interest Interest 02/18/2021 3130A7CV5 02/24/2021 3137EAEV7 400,000.00 Bank of NY Mellon Corp Callable Note Cont 1/7/2022 2.6% Due 2/7/2022 625,000.00 FHLMC Note 1.5% Due 2/12/2025 600,000.00 FHLMC Note 2.375% Due 2/16/2021 440,000.00 FNMA Note 1.25% Due 8/17/2021 215,000.00 900,000.00 FHLMC Note 0.25% Due 8/24/2023 FHLB Note 1.375% Due 2/18/2021 0.000 0.000 0.000 0.000 0.000 5,200.00 4,687.50 7,125.00 2,750.00 0.00 0.00 0.00 0.00 1,478.13 0.00 5,200.00 0.00 4,687.50 0.00 7,125.00 0.00 2,750.00 0.00 1,478.13 0.00 0.000 1,143.75 0.00 1,143.75 0.00 Interest 02/28/2021 912828L24 450,000.00 US Treasury Note 1.875% Due 8/31/2022 0.000 4,218.75 0.00 4,218.75 0.00 Interest 02/28/2021 912828ZA1 700,000.00 US Treasury Note 1.125% Due 2/28/2022 0.000 3,937.50 0.00 3,937.50 0.00 Subtotal 4,330,000.00 30,540.63 0.00 30,540.63 0.00 Chandler Asset Management - CONFIDENTIAL Page 13 Execution Time: 3/31/2021 137 of 278 City of National City Consolidated Account#10218 Transaction Ledger As of February 28, 2021 CM Transaction Settlement Type Date CUSIP Quantity Security Description c Price Aq/Disp Yield Amount Interest Pur/Sold Total Amount Gain/Loss OTHER TRANSACTIONS Dividend 02/02/2021 60934N807 33,789.65 Federated Investors Govt Oblig Fund Inst. 0.000 4.40 0.00 4.40 0.00 Subtotal 33,789.65 4.40 0.00 4.40 0.00 TOTAL OTHER TRANSACTIONS 4,363,789.65 30,545.03 0.00 30,545.03 0.00 Chandler Asset Management - CONFIDENTIAL Page 14 Execution Time: 3/31/2021 138 of 278 The following page(s) contain the backup material for Agenda Item: Warrant Register #36 for the period of 3/03/21 through 3/09/21 in the amount of $1,764,948.49. (Finance) Please scroll down to view the backup material. 139 of 278 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 20, 2021 AGENDA ITEM NO.: ITEM TITLE: Warrant Register #36 for the period of 3/03/21 through 3/09/21 in the amount of $1,764,948.49. (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 3/03/21 - 3/09/21. Consistent with Department of Finance's practice, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation Kaiser Foundation HP 351660 196,019.88 Grp 104220-0002 February 2021 Kaiser Foundation HP 351661 181,711.05 Grp 104220-0002 January 2021 FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $1,764,948.49. APPROVED: APPROVED: /47 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 $1,764,948.49. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Warrant Register # 36 140 of 278 PAYEE AETNA BEHAVIORAL HEALTH AIRGAS USA LLC ALDEMCO ALL FRESH PRODUCTS AMAZON APTUS COURT REPORTING, LLC BRUTE FORCE TRAINING BUREAU VERITAS N AMERICA INC CAPF CAPF CALIFORNIA LAW ENFORCEMENT CALIFORNIA LAW ENFORCEMENT CANON SOLUTIONS AMERICA INC. CHARLES PALUMBO CLEAN HARBORS ENVIRONMENTAL COUNTY OF SAN DIEGO COX COMMUNICATIONS DAY WIRELESS SYSTEMS (20) DELTA DENTAL DELTA DENTAL DELTA DENTAL INSURANCE CO DEPARTMENT OF TOXIC SUBSTANCES DIAZ, E D-MAX ENGINEERING INC ESGIL CORPORATION FACTORY MOTOR PARTS FIRE ETC GRAINGER GRANICUS HEALTH NET INC HEALTH NET INC HINDERLITER DE LLAMAS HOME DEPOT CREDIT SERVICES HUERTA JR, R KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KALANKIEWICZ, C KRONOS INC LASER SAVER INC LATTMAN, DAVID i CALIFORNIA+�__ -M'I.O1!11-.. L toV. n aaa DICORPQRjAT8D WARRANT REGISTER # 36 3/9/2021 DESCRIPTION EMPLOYEE ASSISTANCE PROGRAM - MARCH MOP 45714 GENERAL SUPPLIES - PW FOOD NUTRITION CONSUMABLES COVID 19 PANEL ROOM DIVIDER FOR PD - ENG/PW LIABILITY CLAIM COST ATHLETE SANDBAG KIT- FF RED 25-75LBS INSPECTION SERVICES - BUREAU VERITAS MARCH 2021 - FIRE LTD FEBRUARY 2021 - FIRE LTD MARCH 2021-PD LTD FEBRUARY 2021 - PD LTD PLOTWAVE 345 PRINTER MAINTENANCE TRAINING ADV SUB FIREARMS INSCTR HOUSEHOLD HAZARDOUS WASTE - ENG/PW SDREGIONAL STORMWATER COPERMITEE - ENG/PW COX DATA VIDEO SERVICES FOR FY21 COMPANY MAINTENANCE CONTRACT / FIRE 05-0908600000 MARCH 2021 GRP 05-0908601002 MARCH 2021 GRP 05-7029600000 MAR 2021 NC PUBLIC WORKS YARD PROJECT CODE 401294 EDUCATION REIMBURSEMENT T&A 90214 - ENG/PW ESGIL - PLAN REVIEW SERVICES MOP 82766 AUTO SUPPLIES - PW FIRE HELMETS FOR NEW HIRES / FIRE MOP 65179, BATTERIES /FIRE WEBSITE REDESIGN SERVICES GRP 57135A - JANUARY 2021 GRP #57135A - FEBRUARY 2021 AUDIT SVCS/CONTRACT SVCS FOR PERIOD Q3/2020 GENERAL SUPPLIES FOR FY 2021 REIMBURSEMENT - POWERTRAIN CONTROL MODULE GRP 104220-0002-FEBRUARY 2021 GRP 104220-0002 - JANUARY 2021 GRP 104220-01, 06, 07 - JANUARY 2021 GRP 104220-01,06,07 - FEBRUARY 2021 GRP 104220-0005 - FEBRUARY 2021 GRP 104220-03, 09 - JANUARY 2021 GRP 104220-03, 09 - FEBRUARY 2021 GRP 104220-7002 - FEBRUARY 2021 GRP 104220-7002 - JANUARY 2021 TRAINING POST ADV SUB ACT SHTR WORKFORCE TELESTAFF- LASERSAVER MOP FY21 RETIREE INS OVERPMNT REFUND-FEB 2021 / L CHK NO 351626 351627 351628 351629 351630 351631 351632 351633 351634 351635 351636 351637 351638 351639 351640 351641 351642 351643 351644 351645 351646 351647 351648 351649 351650 351651 351652 351653 351654 351655 351656 351657 351658 351659 351660 351661 351662 351663 351664 351665 351666 351667 351668 351669 351670 351671 351672 DATE 3/9/21 3/9/21 3/9/21 3/9/21 3/9/21 3/9/21 3/9/21 3/9/21 3/9/21 3/9/21 3/9/21 3/9/21 3/9/21 3/9/21 3/9/21 3/9/21 3/9/21 3/9/21 3/9/21 3/9/21 3/9/21 3/9/21 3/9/21 3/9/21 3/9/21 3/9/21 3/9/21 3/9/21 3/9/21 3/9/21 3/9/21 3/9/21 3/9/21 3/9/21 3/9/21 3/9/21 3/9/21 3/9/21 3/9/21 3/9/21 3/9/21 3/9/21 3/9/21 3/9/21 3/9/21 3/9/21 3/9/21 AMOUNT 973.76 173.26 3,463.86 1,249.62 64.16 1,149.51 1,019.66 39,048.58 1,003.00 1,003.00 2,058.00 2,058.00 15.28 691.00 4,322.33 2,718.00 174.00 549.00 15,878.55 134.71 2,421.54 7,514.47 767.36 9,134.30 27,438.40 42.20 2,229.38 48.23 7,883.03 3,756.45 3,756.45 18,006.57 397.57 81.15 196,019.88 181,711.06 20,445.28 25,045.29 7,089.24 6,797.28 6,433.84 621.04 591.62 512.00 107.47 392.21 347.14 1/2 141 of 278 PAYEE LOPEZ, TERESA YOLANDA LORONA, E MINUTEMAN PRESS NATIONAL CITY MOTORCYCLES NATIONAL TRAINING CONCEPTS NBS OFFICE SOLUTIONS BUSINESS OPTUM PARTS AUTHORITY METRO LLC PERRY FORD PRO BUILD COMPANY PROFESSIONAL SEARCH GROUP LLC PRUDENTIAL OVERALL SUPPLY RELIANCE STANDARD RMG COMMUNICATIONS ROBERTS, MARK SAM'S ALIGNMENT SAN DIEGO HYDRAULICS SAN DIEGO UNION TRIBUNE SASI SCANNING SERVICE CORPORATION SHARP ELECTRONICS CORPORATION SITEONE LANDSCAPE SUPPLY LLC SOLARPLACARD INC SOUTHERN CALIF TRUCK STOP STAPLES BUSINESS ADVANTAGE STOUT, Z SWEETWATER AUTHORITY SWRCB SYSCO SAN DIEGO INC TACTICAL FIREARMS TRAINING THE STAR NEWS T'S & SIGNS UNDERGROUND SERVICE ALERT UNITED ROTARY BRUSH CORP VERIZON WIRELESS VISION SERVICE PLAN WETMORES WILLY'S ELECTRONIC SUPPLY WSP USA INC PAYROLL Pay period Start Date 5 2/9/2021 CALIFORNIA NATIoNAL ''_ 1' j ?AICORPQRAT8D WARRANT REGISTER # 36 3/9/2021 DESCRIPTION CITY COUNCIL MEETING AGENDA TEMPLATE SPA REFUND MED INS ERROR ADJ/ LORONA PRINTING OF ADOPTED BUDGET BOOK FOR FY21 SERVICE AND REPAIR FOR EMERGENCY TRAINING TUITION ACT SHTR KALA LANDSCAPE MAINTENANCE DISTRICT ADMIN FEE MOP/FINANCE/TONER GRP HB1966 - OCT, NOV & DEC 2020 MOP 75943 AUTO SUPPLIES - PW MOP 45703 AUTO SUPPLIES - PW MOP 45707 GENERAL SUPPLIES - PW TEMP SVC / NSD UNIFORM CLEANING SERVICES DEC-2020 / VAI826233, VCI801146 & VG1808 RMG COMMUNICATIONS ROBERTS/SEVERANCE AGREEMENT PAYMENT WHEEL ALIGNMENT SERVICE FOR CITY MOP 85005 AUTO SUPPLIES - PW ADVERTISING - SWEETWATER ROAD SAFETY ENH CARD CHGS/TRUST ACCTING/OPEN ENROLLMENT/ SCANNING OF BUILDING PLANS & PERMITS MAINTENANCE 20 SHARP COPIERS FOR FY21 MOP 69277 LANDSCAPE SUPPLIES - PW RECRUIT ACCOUNTABILITY TAGS / FIRE MOP 45758 GENERAL AUTO SUPPLIES - PW STAPLES OFFICE SUPPLIES - MOP 45704 EDUCATION REIMBURSEMENT WATER BILL FOR PARKS DIVISION FY 2021 SWRCB ANNUAL PERMIT FEES FOR CITY HALL FOOD NUTRITION TRAINING TUITION FIRARM PALUMB PUBLIC NOTICING - STAR NEWS COMMUNITY SERVICES SUPPLIES UNDERGROUND SERVICE ALERT FY 2021 STREET SWEEPER REPAIRS AND MAINTENANCE VERIZON CELLULAR SERVICES FOR FY21 FEB 2021 - VISION SVC PLAN MOP 80333 AUTO SUPPLIES - PW WILLYS ELECTRONICS MOP FY21 PLANNING SERVICES - SB2 GRANT - WSP End Date 2/22/2021 Check Date 3/3/2021 CHK NO DATE AMOUNT 351673 3/9/21 91.00 351674 3/9/21 875.25 351675 3/9/21 1,332.62 351676 3/9/21 1,335.60 351677 3/9/21 512.00 351678 3/9/21 1,829.51 351679 3/9/21 192.99 351680 3/9/21 58.50 351681 3/9/21 314.00 351682 3/9/21 250.00 351683 3/9/21 568.45 351684 3/9/21 3,740.00 351685 3/9/21 742.21 351686 3/9/21 3,953.50 351687 3/9/21 975.00 351688 3/9/21 4,948.85 351689 3/9/21 701.00 351690 3/9/21 310.18 351691 3/9/21 573.24 351692 3/9/21 287.10 351693 3/9/21 6,052.62 351694 3/9/21 2,718.82 351695 3/9/21 14.44 351696 3/9/21 33.11 351697 3/9/21 280.22 351698 3/9/21 400.19 351699 3/9/21 252.00 351700 3/9/21 2,295.66 351701 3/9/21 22,475.00 351702 3/9/21 4,929.33 351703 3/9/21 625.00 351704 3/9/21 105.06 351705 3/9/21 12,277.89 351706 3/9/21 429.10 351707 3/9/21 593.52 351708 3/9/21 8,407.76 351709 3/9/21 757.01 351710 3/9/21 80.72 351711 3/9/21 82.80 351712 3/9/21 24,979.76 A/P Total 718,718.74 1,046,229.75 2/2 GRAND TOTAL $1,764,948.49 142 of 278 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. PHILLIP DAVIS, FINANCE BRAD RAULSTON, CITY MANAGER FINANCE COMMITTEE ALEJANDRA SOTELO-SOLIS, MAYOR -CHAIRWOMAN JOSE RODRIGUEZ, VICE -MAYOR MARCUS BUSH, COUNCIL MEMBER RONALD J. MORRISON, COUNCIL MEMBER MONA RIOS, COUNCIL MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 20tl OF APRIL, 2021. AYES NAYS ABSENT 143 of 278 The following page(s) contain the backup material for Agenda Item: Warrant Register #37 for the period of 3/10/21 through 3/16/21 in the amount of $407,421.46. (Finance) Please scroll down to view the backup material. 144 of 278 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 20, 2021 AGENDA ITEM NO.: ITEM TITLE: Warrant Register #37 for the period of 3/10/21 through 3/16/21 in the amount of $407,421.46. (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 3/10/21 - 3/16/21. Consistent with Department of Finance's practice, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation City of Chula Vista 351718 108,024.00 Oct/Nov/Dec Animal Shelter Charges / PD Exos Comminuty Services 351758 80,316.31 Pool Management Fee / Oct Invoice FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $407,421.46. 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 $407,421.46. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Warrant Register # 37 145 of 278 CALIFORNIA+�__ PAYEE ZALDIVAR, JAQUELINE AT&T AT&T B & H PHOTO & ELECTRONICS CORP CDWG CITY OF CHULA VISTA COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO COX COMMUNICATIONS COX COMMUNICATIONS CRUZ, J DE LAGE LANDEN DEPT OF JUSTICE DFM ASSOCIATES EDD GOVCONNECTION INC GOVCONNECTION INC HOME DEPOT CREDIT SERVICES IRON MOUNTAIN NATIONAL EMBLEM INC PROFESSIONAL SEARCH GROUP LLC SAN DIEGO POLICE EQUIPMENT STARTECH COMPUTERS SYMBOLARTS, LLC TELLEZ, J THE STAR NEWS TRANS-LANG VERIZON WIRELESS WEST PAYMENT CENTER ACME SAFETY & SUPPLY CORP AEP CALIFORNIA LLC ALDEMCO ALL FRESH PRODUCTS ALLSTAR FIRE EQUIPMENT INC ALTA LANGUAGE SERVICES INC ARJIS ASSI SECURITY INC BOCKS AWARDS INC CIRCULATE SAN DIEGO CLF WAREHOUSE INC COMMERCIAL AQUATIC SERVICE INC COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO DEPT OF JUSTICE DIVISION 8 INCORPORATED EXOS COMMUNITY SERVICES LLC GLOCK PROFESSIONAL, INC GRAINGER JAMES DEUBIG CONSTRUCTION INC JANI-KING OF CALIFORNIA INC NATIONAL CI?? ?ATCORPQRAT813 . WARRANT REGISTER # 37 3/16/2021 DESCRIPTION HOUSING RELOCATION / NSD AT&T SBC ANNUAL PHONE SERVICE FOR FY21 AT&T SBC ANNUAL PHONE SERVICE FOR FY21 NIKON CAMERA / PD NIMBLE STORAGE RENEWAL OCT/NOV/DEC ANIMAL SHELTER CHARGES / PD NEXTGEN REGIONAL COMMUNICATIONS SYSTEM MAIL SERVICES FOR NOV 2020 COX DATA VIDEO SERVICES FOR FY21 COX DATA VIDEO SERVICES FOR FY21 TUIT REIMB J. CRUZ LEASE 20 SHARP COPIERS FOR FY21. DOJ FINGERPRINTING 2021 CALIFORNIA ELECTIONS CODE EMPLOYMENT DEV APPLE IPAD AIR 10.5", 256GB, WIFI APPLE IPAD AIR 10.5", 256GB, CHRISTMAS LIGHTS SUPPLIES FROM SDGE RECORD MANAGEMENT AND STORAGE FOR FY21 CANCER AWARENESS PATCHES TEMPORARY EMPLOYEE - CITY CLERK'S OFFICE VESTSPORTELLI / PD COMPUTER ACCESSORIES BADGE WALLETS REIMB TELLEZ INT ASSN OF CHIEFS LEGAL NOTICE - EXECUTED SUMMONS - BONDS LANGUAGE SERVICES: INTERPRETATION - CC M VERIZON CELLULAR SERVICES FOR FY21 INVESTIGATIONS 4 CLASS 3 REF HOODED SWEATSHIRTS PB450-AEP PUSH BUMPER, LIGHT READY FOOD NUTRITION CONSUMABLES COVID 19 STRUCTURAL FIREFIGHTING GLOVES /FIRE EMPLOYEE BILINGUAL TESTING ARJIS PHONE USE PROVIDE SECURITY SERVICES AND REPAIRS MEDALS - LIFE SAVING COURAGE VALOR CIRCULATE SAN DIEGO WILL ESTABLISH A MOP 80331 AUTO SUPPLIES - PW CHEMICALS - CHLORINE, ACID TABLETS / PW PERMIT RENEWAL MAIL PROCESSING SERVICES DOJ FINGERPRINTING CITY WIDE ONSITE GLASS AND WINDOW POOL MANAGEMENT FEE / OCTOBER INVOICE TRAINING TUITION GLCK STEVENS MOP 65179 GENERAL SUPPLIES - PW REFUND OF CONSTRUCTION & DEMO DEPOSIT COVID-19 JANITORIAL CLEANING SERIVCES 1/2 CHK NO 351625 351713 351714 351715 351716 351718 351719 351720 351721 351722 351723 351724 351725 351726 351727 351728 351729 351730 351731 351732 351733 351734 351735 351736 351737 351738 351739 351740 351741 351742 351743 351744 351745 351746 351747 351748 351749 351750 351751 351752 351753 351754 351755 351756 351757 351758 351759 351760 351761 351762 DATE 3/10/21 3/11/21 3/11/21 3/11/21 3/11/21 3/11/21 3/11/21 3/11/21 3/11/21 3/11/21 3/11/21 3/11/21 3/11/21 3/11/21 3/11/21 3/11/21 3/11/21 3/11/21 3/11/21 3/11/21 3/11/21 3/11/21 3/11/21 3/11/21 3/11/21 3/11/21 3/11/21 3/11/21 3/11/21 3/16/21 3/16/21 3/16/21 3/16/21 3/16/21 3/16/21 3/16/21 3/16/21 3/16/21 3/16/21 3/16/21 3/16/21 3/16/21 3/16/21 3/16/21 3/16/21 3/16/21 3/16/21 3/16/21 3/16/21 3/16/21 AMOUNT 3,320.00 10,611.99 694.56 7,152.83 19,809.91 108,024.00 9,464.70 3,724.03 2,076.45 86.90 1,083.60 2,939.63 96.00 59.81 177.00 4,025.10 1,290.90 990.04 511.70 768.20 2,319.14 4,453.32 325.18 128.75 190.00 1,552.32 1,025.00 126.24 620.80 215.32 432.83 3,118.69 819.79 1,012.19 66.00 23,699.09 835.00 2,674.79 3,802.50 449.78 1,560.96 445.50 2,006.56 96.00 844.00 80,316.31 250.00 83.00 146 of 278 CALIFO RNIA F__ PAYEE JJJ ENTERPRISES KD 18TH LLC LANGUAGE LINE SERVICES LASER SAVER INC LEXIPOL LLC LIEBERT CASSIDY WHITMORE MAINTEX INC MATTHEW BENDER & COMP INC MC CLURE JR, S NATIONAL CITY CAR WASH NATIONAL CITY ELECTRIC NATIONAL CITY TROPHY OFFICE SOLUTIONS BUSINESS OGMA GROUP, INCORPORATED OMNI EQUIPMENT SOLUTIONS INC PARTS AUTHORITY METRO LLC PERRY FORD POWERSTRIDE BATTERY CO INC PRO BUILD COMPANY PRUDENTIAL OVERALL SUPPLY RAMIREZ, 0 RED TRUCK FIRE & SAFETY CO RIVERSIDE SHERIFF'S DEPT SAN DIEGO MIRAMAR COLLEGE SEAPORT MEAT COMPANY SHER EDLING LLP SITEONE LANDSCAPE SUPPLY LLC SOUTHERN CALIF TRUCK STOP STAPLES BUSINESS ADVANTAGE SUPERIOR READY MIX SWEETWATER AUTHORITY SYSCO SAN DIEGO INC TERMINIX INTERNATIONAL TERRA BELLA NURSERY INC THE COUNSELING TEAM THE SHERWIN WILLIAMS CO THOMSON REUTERS T'S & SIGNS U S BANK UNDERGROUND SERVICE ALERT VISTA PAINT YOUNG, G NATIONAL CI?? ?ATCORPQRAT813 . WARRANT REGISTER # 37 3/16/2021 DESCRIPTION FIRE AND SECURITY ALARM MONITORING REFUND OF CONSTRUCTION & DEMO DEPOSIT LANGUAGE LINE SERVICES MOP 04840 TONER PD OCT 20 - SEPT 21 PERSONNEL MATTER CITYWIDE JANITORIAL SUPPLIES / PW LEGAL PUBLICATION UPDATES/CAO TRAINING REIM SCHL RSR MCCLURE CARWASH SERVICES FOR FLEET FY 2021 CITYWIDE ON -SITE ELECTRICAL MOP 66556 OFFICE SUPPLIES - PW MLK COMM SRVCS DUPLICATING PRINTING PAPER TRANSLATION FOR COVID 19 ROUNDTABLE RANGE SUPPLIES MOP 75943 AUTO SUPPLIES - PW MOP 45703 AUTO SUPPLIES - PW MOP 67839 GENERAL SUPPLIES - PW MOP 45707 GENERAL SUPPLIES - PW MOP 45742 LAUNDRY SERVICES - PW TRAINING REIM SLI 2 RAMIRZ CITYWIDE, ON -SITE FIRE EXTINGUISHER TRAINING DISPATCH IBARRA TRAINING TUITION 123RD ACADEMY FOOD NUTRITION PROFESSIONAL SERVICES / CAO MOP 69277 LANDSCAPE SUPPLIES - PW MOP 45758 GENERAL AUTO SUPPLIES - PW MOP 20468 SUPPLIES PD CONCRETE FOR FY 2021 WATER BILL FOR FACILITIES FY 2021 FOOD NUTRITION ON -SITE PEST CONTROL SERVICES 40 - HELIANTHUS CALIFORNIUCUS POA EMPLOYEE SUPPORT SERVICES MOP 77816 PAINTING SUPPLIES - PW CCRT 19 PUBLIC SAFETY / FIRE EL TOYON LAMINATED POSTER DECALS CREDIT CARD EXPENSES/ COMMUNITY SERVICES UNDERGROUND SERVICE ALERT FY 2021 MOP 68834 GENERAL SUPPLIES - PW REIMB: YOUNG 2 DAY PROMO WORKSHOP CHK NO DATE AMOUNT 351763 3/16/21 5,136.55 351764 3/16/21 1,038.45 351765 3/16/21 152.22 351766 3/16/21 452.13 351767 3/16/21 19,220.00 351768 3/16/21 5,017.00 351769 3/16/21 327.78 351770 3/16/21 1,453.74 351771 3/16/21 192.03 351772 3/16/21 360.00 351773 3/16/21 14,685.00 351774 3/16/21 206.09 351775 3/16/21 243.99 351776 3/16/21 240.00 351777 3/16/21 183.55 351778 3/16/21 654.37 351779 3/16/21 125.00 351780 3/16/21 97.03 351781 3/16/21 641.11 351782 3/16/21 440.54 351783 3/16/21 178.78 351784 3/16/21 2,180.02 351785 3/16/21 369.00 351786 3/16/21 2,346.00 351787 3/16/21 2,192.98 351788 3/16/21 15,784.72 351789 3/16/21 445.36 351790 3/16/21 216.32 351791 3/16/21 1,093.49 351792 3/16/21 730.86 351793 3/16/21 7,938.54 351794 3/16/21 1,795.76 351795 3/16/21 1,135.00 351796 3/16/21 978.91 351797 3/16/21 1,600.00 351798 3/16/21 89.41 351799 3/16/21 303.41 351800 3/16/21 48.94 351801 3/16/21 40.00 351802 3/16/21 155.43 351803 3/16/21 466.54 351804 3/16/21 261.25 A/P Total 407,421.26 2/2 GRAND TOTAL $ 407,421.26 147 of 278 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. PHILLIP DAVIS, FINANCE BRAD RAULSTON, CITY MANAGER FINANCE COMMITTEE ALEJANDRA SOTELO-SOLIS, MAYOR -CHAIRWOMAN JOSE RODRIGUEZ, VICE -MAYOR MARCUS BUSH, COUNCIL MEMBER RONALD J. MORRISON, COUNCIL MEMBER MONA RIOS, COUNCIL MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 20tl OF APRIL, 2021. AYES NAYS ABSENT 148 of 278 The following page(s) contain the backup material for Agenda Item: Public Hearing and Adoption of a Resolution of the City Council of the City of National City authorizing the Mayor to execute an Amendment to the Lease and Operating Agreement between the City of National City and American Golf Corporation to increase green fees effective April 20, 2021. (Community Services) Please scroll down to view the backup material. 149 of 278 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 20, 2021 AGENDA ITEM NO.: ITEM TITLE: Public hearing and adoption of a resolution of the City Council of the City of National City authorizing the Mayor to execute an Amendment to the Lease and Operating Agreement between the City of National City and American Golf Corporation to increase green fees effective April 20, 2021. PREPARED BY: Audrey Denham DEPARTMENT. o munity Se es PHONE: 619-336-4243 APPROVED B EXPLANATION: In May 1984, the City entered into an Agreement with American Golf Corporation (AGC) for the operation of the National City Golf Course. Per the Agreement, fees charged to patrons will be comparable to competing Southern California public golf courses. In addition, changes in fees require City Council approval. AGC has submitted a request to increase green fees to become effective April 20, 2021. AGC has included a competitive market analysis, including green fees from the Chula Vista Golf Course, Bonita Golf Course, Enagic Golf Club at Eastlake, and Balboa Park 9 Hole Golf Course. AGC is requesting the fee increase to cover increased costs associated with minimum wage, utilities, and food and beverage. AGC estimates the increase in green fees will bring in an additional $10,000 in revenue to the City. The last fee increase was approved by City Council in August 2006, which included an increase to non-resident green fees and an increase in golf cart fees for all users. At the time, resident green fees remained the same on weekdays and were reduced by $1 on the weekends. FINANCIAL STATEMENT: APPROVED: /, FINANCE ACCOUNT NO. APPROVED: MIS 001-41000-3317 (Rental - Las Palmas Golf Course) - $10,000 ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION n FINAL ADOPTION STAFF RECOMMENDATION: Adopt the resolution of the City Council of the City of National City authorizing the Mayor to execute an Amendment to the Lease and Operating Agreement between the City of National City and American Golf Corporation to increase green fees effective April 20, 2021. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Amendment and insurance 2. AGC letter and market analysis 3. Resolution 150 of 278 c:A%IFO N a: .v:a IlNC,ORppItATF:� AMENDMENT TO THE LEASE AND OPERATING AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND AMERICAN GOLF CORPORATION This Amendment ("Amendment") to the Lease and Operating Agreement by and between the City of National City and American Golf Corporation ("Agreement"), is entered into this 20th day of April, 2021, by and between the City of National City (the "Landlord") and American Golf Corporation, a California corporation ("Tenant"). RECITALS WHEREAS, the Landlord and Tenant, previously entered into the Agreement entitled "Lease and Operating Agreement for Las Palmas Municipal Golf Course between the City of National City and American Golf Corporation" dated May 3, 1984, and said Agreement was subsequently amended on various dates; with the last amendment occurring on August 6, 2006; WHEREAS, in the Agreement the Landlord engages the Tenant to operate the real property commonly known as the National City Golf Course, located at 1439 Sweetwater Road, National City, California (the "Premises") as a public golf course, driving range, club house, restaurant and bar, provide golf lessons, and a golf pro shop; WHEREAS, Article 10.2, establishes all fees charged to patrons at the Premises will be comparable to competing Southern California public golf courses for similar goods and services; and WHEREAS, Article 10.4, further agrees that changes in green fees, prices, or policies will first require the approval of Landlord; NOW THEREFORE, the Landlord and Tenant agree as follows: 1. Article 10.2 of the Agreement is hereby amended, effective April 20, 2021, to read as follows: A. Tenant and Landlord agree that green fees and cart fees will be as follows: Weekday Walling Weekday Riding Weekend/Holiday Walking Weekend/Holiday Riding Adult (ages 18-60) $17 $29 $22 $34 Adult Resident (ages 18- 60) $15 $27 $20 $32 151 of 278 Senior (ages 60 and older) $15 $27 $20 $32 Senior Resident (ages 60 and older) $11 $23 $19 $31 Junior (ages 7-17) $10 $22 $15 $27 Active Military $15 $27 $20 $32 Twilight (after 3 p.m.) $12 $24 $17 $29 Replay Rate (day of play) $12 $24 $17 $29 Driving Range Small Bucket (35 golf balls) $7 Medium Bucket (70 golf balls) $13 Large Bucket (105 golf balls) $17 For purposes of this Section 1, "seniors" shall mean all persons 60 years old or older and "juniors" shallmean all persons 17 years old or younger. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to the Agreement on the date and year first above written. CITY OF NATIONAL CITY AMERICAN GOLF CORPORATION, A CALIFORNIA CORPORATION (Corporation — signatures of two corporate officers required) By: By: Alejandra Sotelo-Solis, Mayor (Name) (Print) APPROVED AS TO FORM: By: .07g4, fill -ES -sip 6 A-1-- (Title) Jennifer K. Gilman By: XIX Deputy City Attorney (Name) (Print) % 11 GL Itf\ ( Jv\ / u 1J (Title) Amendment Page 2 of 2 City of National City and April 2021 American Golf Corporation 152 of 278 A�Rb . CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 0712812020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER{S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, . IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the poiicy(ies) must have ADDITIONAL INSURED provisions or be endorsed. if SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER MARSH USA, INC. 99 HIGH STREET BOSTON, MA 02110 Attn: RealEstate,CertRequest@marsh.com CN102575767-STND-GAWUL-20-21 CONTACT NAME: (AtCN. o Est)FAX No): ADDRESS: INSURER(S) AFFORDING COVERAGE NAICI INSURER A : Endurance American insurance Company 10641 INSURED American Golf Corporation 909 North Pacific Coast Highway, Suite 650 El Segundo, CA 90245 INSURER B : Sompo America Insurance Company 11126 INSURER C : N/A NIA INSURER D: INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: NYC-010830791-03 REVISION NUMBER: 2 THIS 1S TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADM INSO SUER WVD POLICY NUMBER POLICY EFF (MM!DD!YYYY) POLICY EXP IMM/DD(YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY X GGR10011534903 07/27/2020 07/27/2021 - EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ 50,000 X SIR applies per policy terms & MED EXP (Any one person) $ EXCLUDED conditions PERSONAL &ADVINJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES EC7 PER: X LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS -COMP/OP AGG $ 2,000,000 $ B AUTOMOBILE X LIABILITY ANY AUTO OWNED SCHEDULED AUTOS NON -OWNED AUTOS ONLY X ADVS1093P0 • 07/27/2020 - 07/27/2021 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Pident er accident) $ PROPERTY DAMAGE (Per accident) $ UMBRELLA LIAB EXCESS LIAB O OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION§ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNERIEXECUTIVE YIN OFFICER!MEMBEREXCLUDED? II t (Mandatory In NH) if yes, describe under DESCRIPTION OF OPERATIONS below N 1 A X WCDS107OS0 07/27/2020 07/27/2021 X PER i STATUTE 1 OTH- ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS! LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) Re: National City Golf Course; 1439 Sweetwater Road, National city, CA 91950 The City of National City, Its officials, agents, emptoyees and volunteers are Included as Addilional Insured (except workers' compensation) where required by the written contract. Waiver of Subrogation applies in favor of the Additional Insureds where required by the written contract. CERTIFICATE HOLDER CANCELLATION City of National City cio Risk Manager 1243 National city Blvd. - National city, CA 91950 • 1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Manashl Mukherjee .Lqi wv.r k.L die a e, ACORD 25 (2016(03) 01988-20116 ACORD CORPORATION. All rights The ACORD name and logo are registered marks of ACORD 153 of 278 POLICY NUMBER: GGR10011534903 COMMERCIAL GENERAL LIABILITY CG20260413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Any person or organization that you are obligated pursuant to a written contract or agreement executed prior to a Toss to provide such insurance as is afforded by this policy. Information required to complete this Schedule, if not shown above, will be shown in the Declarations A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is Tess. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 26 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 154 of 278 This Endorsement Changes the Policy. Please Read It Carefully. COMMERCIAL AUTOMOBILE ENHANCEMENT This endorsement modifies coverage provided under the following: BUSINESS AUTO COVERAGE FORM 1. BROADENED INSURED COVERAGE Under Section II — COVERED AUTOS LIABILITY COVERAGE, the following changes are made: A. BROAD NAMED INSURED The following is added to A. Coverage, paragraph 1. Who Is An Insured: d. Any legally incorporated entity of which you own more than 50% of the voting stock on the effective date of this coverage part is an insured. B. ADDITIONAL INSUREDS -- BY CONTRACT, AGREEMENT OR PERMIT The following is added to A. Coverage, paragraph 1. Who Is An Insured: e. Any person or organization, not otherwise identified as an "insured" in this coverage or by endorsement to this coverage, that you are required by written contract, written agreement or written permit to name as an "insured". However, such person or organization is an "insured" only: (1) With respect to the operation, maintenance or use of a covered "auto"; and (2) For "bodily injury" or "property damage" caused by an "accident" which takes place after: (a) You executed the written contract or written agreement; or (b) The permit has been issued to you. The insurance provided under item B. above applies on a primary basis if that is required by the written contract, written agreement or written permit. Coverage under this provision is limited to the minimum limits of liability stipulated in that written contract, written agreement or written permit or the amount of Toss not to exceed the Limit of Liability shown in the Declarations, whichever is less. C. EMPLOYEES AS INSUREDS The following is added to A. Coverage, paragraph 1. Who Is An Insured: f. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. D. FELLOW EMPLOYEE COVERAGE B. Exclusions, paragraph 5. Fellow Employee is deleted and replaced with the following: SCA 01 002 (0718) Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page 1 of 4 155 of 278 "Bodily injury" to: a. Any fellow "employee" of the "insured" arising out of and in the course of the fellow "employee's" employment or while performing duties related to the conduct of your business; or b. The spouse, child, parent, brother or sister of that fellow "employee" as a consequence of Paragraph a. above. However, we will cover "bodily injury" caused by your "employee" to his or her fellow "employee" if the "bodily injury" results from the use of a covered "auto". 2. ADDITIONAL SUPPLEMENTARY PAYMENTS Section II — COVERED AUTOS LIABILITY COVERAGE, A. Coverage, paragraph 2.a. Coverage Extensions, Supplementary Payments, items (2) and (4) are deleted and replaced by the following: (2) Up to $5000 for the cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. 3. KNOWLEDGE AND NOTICE OF OCCURRENCE Section. IV - BUSINESS AUTO CONDITIONS, A. Loss Conditions, paragraph 2. Duties In The Event Of Accident, Claim, Suit Or Loss, item a. is deleted and replaced by the following and item d. is added: a. In the event of an "accident", claim, "suit" or "loss" you must give us or our authorized representative prompt notice of the "accident" or "loss" when the "accident", claim, "suit" or "loss" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership or joint venture; (3) An "executive officer" or director if you are an organization other than a partnership, joint venture or limited liability company; (4) A member, if you are a limited liability company; (5) A trustee if you are a trust; or (6) An "employee" designated by you to give us such a notice. This notice should include: (1) How, when and where the "accident" or "loss" occurred; (2) The "insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. d. Your rights afforded under this policy will not be prejudiced if you fail to give us notice of an "accident", claim, "suit" or "loss", solely due to your reasonable and documented belief that the "bodily injury" or "property damage" is not covered under this policy. SCA 01 002 (0718) Includes copyrighted material of Insurance Services Office, Inc. with its permission, Page 2 of 4 156 of 278 4. WAIVER OF SUBROGATION The following is added to Section IV - BUSINESS AUTO CONDITIONS, A. Loss Conditions, paragraph 5. Transfer of Rights of Recovery Against Other To Us: If the insured has waived those rights prior to the "accident" or "loss", our rights are waived also. 5. UNINTENTIONAL ERRORS AND OMISSIONS The following is added to Section IV - BUSINESS AUTO CONDITIONS, B. General Conditions, paragraph 2. Concealment, Misrepresentation Or Fraud: We will not disclaim coverage under this Coverage Part if you fail to disclose all hazards existing as of the inception date of the policy, provided such failure is not intentional and you report the failure to us as soon as practicable after its discovery. However, we reserve the right to charge additional premium for any such hazard. 6. BROADENED PHYSICAL DAMAGE COVERAGE Under Section III — PHYSICAL DAMAGE COVERAGE, the following changes are made: A. WAIVER OF DEDUCTIBLE — GLASS REPAIR The following is added to D. Deductible: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. B. ADDITIONAL TRANSPORTATION EXPENSES A. Coverage, 4. Coverage Extensions, paragraph a. Transportation Expenses is deleted and replaced by the following: We will pay up to $50 per day to a maximum of $1500 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes Of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". C. ADDITIONAL LOSS OF USE EXPENSES A. Coverage, 4. Coverage Extensions, paragraph b. Loss Of Use Expenses is deleted and replaced by the following: For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental contract or agreement. We will pay for loss of use expenses if caused by: (1) Other than collision only if the Declarations indicates that Comprehensive Coverage is provided for any covered "auto"; (2) Specified Causes of Loss only if the Declarations indicates that Specified Causes of Loss Coverage is provided for any covered "auto"; or (3) Collision only if the Declarations indicates that Collision Coverage is provided for any covered "auto". SCA 01 002 (0718) Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page 3 of 4 157 of 278 However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $1500. D. COST TO RECOVER STOLEN AUTO The following is added to A. Coverage, 4, Coverage Extensions. We will pay reasonable and necessary expenses incurred by you to return a stolen, covered "auto" from the place where it is recovered to its usual garaging place. The most we will pay for such expenses is $1000. This Coverage Extension does not apply if your business is selling, servicing or repairing "autos". E. PERSONAL EFFECTS COVERAGE The following is added to A. Coverage, 4. Coverage Extensions. In the event of a total theft of a covered "auto", we will pay for personal effects owned by an "insured" and in or on the covered "auto" at the time of "loss", The most we will pay for such personal effects is $500 per "loss". No deductibles apply to this Personal Effects Coverage. F. AIRBAGS — ACCIDENTAL DISCHARGE COVERAGE The following is added to R. Exclusions, paragraph 3. This exclusion does not apply to the accidental or unintended discharge of an airbag. The most we will pay for such "loss" is $1000. This coverage is excess over any other collectible insurance or warranty. G. VEHICLE WRAP COVERAGE The following is added to A. Coverage, 4. Coverage Extensions. In the event of a total "loss" to a covered "auto" and in addition to the actual cash value of the covered "auto", we will pay up to $1000 to repair or replace vehicle wraps displayed on the "auto" at the time of "loss". The most we will pay under the Vehicle Wrap Coverage is $5000 for any one "loss", regardless of the number of covered "autos" deemed a total "loss". For the purpose of this coverage, vehicle wraps are full color, graphic images printed on vinyl film and attached to an "auto". 7. ADDITIONAL DEFINITIONS The following is added to Section V— DEFINITIONS: "Executive Officer" means a person holding any of the officer positions created by your charter, constitution, by-laws or any similar governing document. This endorsement forms a part of Policy Number: ADVS1093P0 Effective Date: 07—.27-2020 Insured: AMERICAN GOLF CORPORATION SCA 01 002 (0718) Includes copyrighted material of Insurance Services Office, Inc. with its permission, Page 4of4 158 of 278 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84) POLICY NUMBER: WCDS107OS0 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule PARTIES WITH WHOM THE INSURED HAS ENTERED INTO A WRITTEN WAIVER AGREEMENT PRIOR TO THE DATE OF LOSS. ***THIS ENDORSEMENT DOES NOT APPLY TO NEW JERSEY*** DATE OF ISSUE: 08-11-20 © 1983 National Council on Compensation Insurance. 159 of 278 American Golf. February 1, 2021 Audrey Denham Acting Director of Community Services Community Services Department City of National City Dear Ms. Denham, As per our Lease with the City of Nation City (Section 10.4): Tenant further agrees that changes in green fees, prices for policies will first require the approval of Landlord, which approval shall not be unreasonably withheld, American Golf Corporation is submitting this request to increase green fee and cart fees at National City Golf Course. We are requesting that these new rates take effect on February 15th, 2021. Since our last rate increase in 2006, National City Golf Course has been and will continue to be faced with a variety of operational cost increases included but not limited to food and beverage inventory, minimum wage, health care benefits as well as water and other utilities. Since National City Golf Course has not taken a rate increase in over 15 years, we are requesting that the rates be more in comparison with the surrounding areas in Southern California for 9 hole facilities. • Minimum wage increase - $200,00+ over the past 10 years • Overall utilities and Other Expenses increase - $50,000+ over the past 10 years • Food and Beverage costs have increased 2-4% annually since 2006 - $20,000+ The Players Club player development program continues to be a great success in the City, with over 800 members currently guests are really taking advantage of the savings that come with the membership. Attached is the spreadsheet that has been used in the past to show in depth detail on the current and proposed rates as well as comparisons with the courses that "compete" for our players. If you have any questions, please feel free to contact me anytime with questions. Sincerely, ga/if 1,eatev- Gary Johnson Regional Manager American Golf Corporation 160 of 278 Competitive Market Analysis, National City Golf Course Thursday, March 11, 2021 18 And 9-Hole Rates Course Weekday Weekend Chula Vista Golf Course Weekday Weekend Rack Rate $27 Walk, $42 Ride $39 Walk, $54 Ride Resident Rate - Must Purchase An Annual Resident Card For$20 $22 Walk, $37 Ride $31 Walk, $46 Ride 9-Hole Rate (Back Nine)- Before 7:30am Only $13 Walk, $23 Ride $18 Walk, $28 Ride 9-Hole Resident Rate (Back Nine). Before 7:3Oam Only $11 Walk, $21 Ride $15 Walk, $25 Ride Senior Rote (Over 62 Years Old). Must BeA Resident And Purchase An Annual Resident Card For $20 $15 Walk, $30 Ride No Senior Rates Twilight Rate - Starts at 1:00pm $19 Walk, $34 Ride $21 Walk, $36 Ride Twilight Resident Rate - Starts at 1:0Opm $15 Walk, $30 Ride $19 Walk, $34 Ride Super Twilight Rate - Starts at 3:0Opm $13 Walk, $23 Ride $16 Walk, $26 Ride Super Twilight Resident Rate - Starts at 3:00pm $10 Walk, $20 Ride $13 Walk, $23 Ride Junior Rate $13 Walk, $28 Ride $16 Walk, $31 Ride Replay Rate $10 Walk, $20 Ride $15 Walk, $25 Ride Bonita Golf Course Weekday Weekend Rack Rote $34 Walk, $48 Ride $48 Walk, $62 Ride 9-Hole Rate (Back Nine)- Before 7:30am Only $21 Walking Only $26 Walking Only Twilight Rate - Starts at 1:00pm $25 Walk, $39 Ride $30 Walk, $44 Ride Junior Rate $15 Walk, $29 Ride $15 Walk, $29 Ride Replay Rate $25 Walk, $39 Ride $30 Walk, $44 Ride "Seasonal"Super Twilight Rate - Summer Months After 5:OOpm - Did Not Have In 2020 and No Plans To In 2021 Comparable to 9 Hole Rate Comparable to 9 Hole Rate Enagk Golf Club Weekday Weekend Rack Rate $100, Includes Cart $125, Includes Cart Resident Rate $55 : M-Thur, $65 : Fri, Includes Cart $75 Incudes Cart 9-Hole Rate (Back Nine) - From 7:00am to 7:4Oam Only - Includes Breakfast Sandwich or Burrito $30 : M-Thur, $35 : Fri, Includes Cart $40 Includes Cart Senior Rate (Over 60 Years Old)- Includes Breakfast Sandwich or Burrito $55 : M-Thur Only, Includes Cart No Senior Rate Twilight Rack Rate - Starts at 3:oopm $55, Includes Cart $65, Includes Cart Twilight Resident Rate - Starts at 3:0Opm $45, Includes Cart $50, Includes Cart Junior Rate - Walking -15 Years Old and Younger With Paying Adult $15 : M-Thur, $20 : Fri $20 Replay Rate $25 : M-Thur, $30 : Fri, Includes Cart $30, Includes Cart No Super Twilight Rate Balboa Golf Course 9-Hole Weekday Weekend Rack Rate $20 Walk, $32 Ride $25 Walk, $37 Ride ResidentRate- Must Purchase An Annual Resident Card For$25 $15 Walk, $27 Ride $20 Walk, $32 Ride No Twilght, Junior or Replay Rates National City Golf Course Weekday Weekend National City Golf Course Weekday Weekend CURRENT RATES PROPOSED RATES Rack Rote $12 Walk, $20 Ride $15 Walk, $23 Ride Rock Rate $17 Walk, $29 Ride $22 Walk, $34 Ride Resident Rate $10 Walk, $18 Ride $13 Walk, $21 Ride Resident Rate $15 Walk, $27 Ride $20 Walk, $32 Ride Early Bird Rate - Before 8:000m $9 Walk, $17 Ride $15 Waik, $23 Ride Early Bird - Before 8:00am N/A N/A Senior (Over 60 Years Old) and Military Rate $10 Walk, $18 Ride $11 Walk, $19 Ride Senior and Military Rate $15 Walk, $27 Ride $20 Walk, $32 Ride Senior Resident Rate $7 Walk, $15 Ride $8 Walk, $16 Ride Senior Resident Rate $11 Walk, $23 Ride $19 Walk, $31 Ride Junior Rate $7 Walk, $15 Ride $8 Walk, $16 Ride Junior Rote $10 Walk, $22 Ride $15 Walk, $27 Ride Twilight Rate - Starts at 3:0Opm $9 Walk, $17 Ride $11 Waik, $19 Ride Twilight Rote - Starts at 3:O0pm $12 Walk, $24 Ride $17 Walk, $29 Ride Replay Rate $8 Walk, $12 Ride $8 Walk, $12 Ride Replay Rote $12 Walk, $24 Ride $17 Walk, $29 Ride Proposed - DRIVING RANGE PRICING Bucket Pricing Small $7.00 Approx. 35 Balls Medium $13.00 Approx. 70 Balls Large $17.00 Approx. 105 Balls Current - DRIVING RANGE PRICING Bucket Pricing Small $7.00 Approx. 35 Balls Medium $12.00 Approx. 70 Balls Large $15.00 Approx. 105 Balls 161 of 278 The following page(s) contain the backup material for Agenda Item: Public Hearing and Adoption of a Resolution of the City Council of the City of National City amending the previously adopted Transportation Development Impact Fee (TDIF) schedule and annual adjustment to the TDIF, pursuant to National City Municipal Code Section 4.52.100 and consistent with Government Code Section 66017, approving an adjustment to the TDIF of 2 percent, as required by the San Diego Association of Governments (SANDAG) for receipt of TransNet local street improvement revenues, resulting in the TDIF increasing from $2,584 per new residential dwelling unit to $2,636 per unit beginning July 1, 2021. (Engineering/Public Works) Please scroll down to view the backup material. 162 of 278 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 20, 2021 AGENDA ITEM NO. ITEM TITLE: Public Hearing and Adoption of a Resolution of the City Council of the City of National City amending the previously adopted Transportation Development Impact Fee (TDIF) schedule and annual adjustment to the TDIF, pursuant to National City Municipal Code Section 4.52.100 and consistent with Government Code Section 66017, approving an adjustment to the TDIF of 2 percent, as required by the San Diego Association of Governments (SANDAG) for receipt of TransNet local street improvement revenues, resulting in the TDIF increasing from $2,584 per ne y residential dwelling unit to $2,636 per unit beginning July 1, 2021. PREPARED BY: Jose Lope PHONE: 619-336-4312 EXPLANATION: See attached. puty City Engineer DEPARTMENT: Enering/Public Works APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS Funds will be deposited into the following TDIF Revenue Accounts: 326-00000-3162 and 326-00000-3163 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Hold Public Hearing and adopt Resolution increasing the TDIF from $2,584 per new residential dwelling unit to $2,636 per unit beginning July 1, 2021. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Public Hearing Notice 3. Resolution 163 of 2781 Explanation In November 2004, San Diego County voters approved local Proposition A extending the TransNet 1/2 cent sales tax to fund the region's transportation system for 40 years. As part of Proposition A and the TransNet Extension Ordinance, the Regional Transportation Congestion Improvement Program (RTCIP) was created to ensure that new development directly invests in the region's transportation system to offset the negative impacts of growth on congestion and mobility. One of the requirements of the RTCIP was that by July 1, 2008, each local agency must contribute $2,000 from exactions imposed on the private sector for each new residence constructed within each jurisdiction. Failure to do so would result in an agency's loss of TransNet funding for improvement of local streets, Cities have the authority to impose impact fees under the Mitigation Fee Act contained in California Government Code sections 66000 through 66025. Therefore, on April 1, 2008, to satisfy the requirements of the TransNet RTCIP for receipt and expenditure of TransNet funds, City Council adopted Ordinance No. 2008 -2310 amending Title 4 of the National City Municipal Code by adding Chapter 4.52 "Establishing and Approving a Transportation Development Impact Fee for Capital Improvement Projects Necessary to Maintain Acceptable Levels of Traffic and Transportation Service Within the City". The TransNet Extension Ordinance requires that the RTCIP transportation mitigation fee charged by local jurisdictions be adjusted every year on July 1 in order to maintain the purchasing power of the program for improvements to the Regional Arterial System. On February 26, 2021, the SANDAG Board of Directors approved a 2 percent adjustment to the RTCIP, raising the minimum fee from $2,584 per new residential dwelling unit to $2,636 per unit beginning July 1, 2021. The following table summarizes the adjusted Transportation Development Impact Fee (TDIF) schedule for new residential development, which will go into effect on July 1, 2021, if adopted by City Council. The TDIF shall be collected prior to the issuance of any building permit for new residential development in the City of National City. A copy of the City's Transportation Impact Fee Program Report is available at the Office of the City Engineer. Residential Land Use Fee Single-family $ 2,636 per dwelling unit Multi -family $ 2,636 per dwelling unit 164 of 278 CITY OF NATIONAL CITY CITY COUNCIL NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of National City will hold a Public Hearing after the hour of 6:00 p.m., Tuesday, April 20, 2021, via live webcast from the City Council Chambers, Civic Center, 1243 National City Blvd., National City, CA., to consider: AMENDING THE PREVIOUSLY ADOPTED TRANSPORTATION DEVELOPMENT IMPACT FEE (TDIF) SCHEDULE AND ANNUAL ADJUSTMENT TO THE TDIF, PURSUANT TO NATIONAL CITY MUNICIPAL CODE SECTION 4.52.100 AND CONSISTENT WITH GOVERNMENT CODE SECTION 66017, APPROVING AN ADJUSTMENT TO THE TDIF OF 2 PERCENT AS REQUIRED BY THE SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) FOR RECEIPT OF TRANSNET LOCAL STREET IMPROVEMENT REVENUES, RESULTING IN THE TDIF INCREASING FROM $2,584 PER NEW RESIDENTIAL DWELLING UNIT TO $2,636 PER UNIT BEGINNING JULY 1, 2021. Due to the COVID-19 pandemic, City Council meetings remain via teleconference to ensure the safety of city residents, employees and the communities we serve. Anyone interested in this Public Hearing may view the live webcast of the City Council Meeting on the City's website at https://www.nationalcityca.govlwebcast. If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the undersigned, or to the City Council at, or prior to, the public hearing. Anyone interested in submitting public comments may visit https:flwww.nationalcityca.gov/government/city-clerklpublic-comments to view the procedures. Shelley Chapel, MMC Deputy City Clerk Published in the Star News on Friday, April 9, 2021. 165 of 278 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City approving the acceptance of the High -Speed Broadband in California Libraries Grant Year 6 from State Library in the amount of $135,645.71 to cover the equipment costs associated with high-speed networking upgrade at the National City Public Library. (IT/Library) Please scroll down to view the backup material. 166 of 278 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 20, 2021 AGENDA ITEM NO. ITEM TITLE: - Resolution of the City Council of the City of National City approving the acceptance of the High -Speed Broadband in California Libraries Grant Year 6 from the State Library in the amount of $135,645.71 jrant period covering July 2019 to ending June 2022 for equipment costs associated with high-speed ietworking upgrade at the National City Public Library. (IT/Library) PREPARED BY: John Saour / Minh Duong PHONE: 4270 / 5882 EXPLANATION: The High -Speed Broadband in California Libraries project aims at bringing high-speed broadband to all California public libraries by connecting them to CaIREN, a high -capacity 3,800-mile fiber-optic based network designed to meet the unique requirements of over 20 million users, including the vast majority Df K-20 students together with educators, researchers, and others working in California's public -serving nstitutions. DEPARTMENT: IT / l_ rary APPROVED BY: (,�( Most of the equipment costs associated with high-speed networking (e.g. firewalls, routers, WiFi access points) as well as fiber/microwave construction and network consulting are very expensive. Recognizing this, the State Library has a grant program - $5M in total at this time — to help cover much Df the costs associated with connecting libraries to CaIREN so that they can provide high-speed Internet ro communities that may not otherwise have the financial resources to access such high-speed Internet. FINANCIAL STATEMENT: APPROVED: _ ' 1¢` .- , Finance ACCOUNT NO. $135,645.71 APPROVED: 4,9 S 629-00000-3636-Ca lifa Award Year 6 629-403-082-502-0000 — Califa Award Year 6 ENVIRONMENTAL REVIEW: ORDINANCE: • INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION:. Adopt the resolution. BOARD l COMMISSION RECOMMENDATION: • Approved by the Library Board of Trustees on April 7, 2021. ATTACHMENTS: 1. Resolution. 2. State Library's Award Letter. 3. Staff Report. 167 of 278 CA,LIFORNIA NATIONAL Clry -- lNCOR,PORA,TED Staff Report April 20, 2021 AGENDA ITEM Resolution of the City Council of the City of National City approving the acceptance of the High -Speed Broadband in California Libraries Grant Year 6 from State Library in the amount of $135,645.71 to cover the equipment costs associated with high-speed networking upgrade at the National City Public Library. (IT/Library). BACKGROUND The broadband project has been rolled out in two phases: Phase One In March 2015, National City Public Library joined other California public libraries to participate in the implementation phase of the High -Speed Broadband in California Libraries Project also named the "Lighting Up California Libraries" Initiative. This initiative, spearheaded by the State Library through an appropriation approved by Governor Brown, allowed public libraries to join the Corporation for Education Network Initiatives in California (CENIC), use its high speed broadband fiber network CaIREN (California Research and Education Network), and get improved Internet connectivity at significantly lower prices. CaIREN is high -capacity 3,800-mile fiber- optic -based network designed to meet the unique requirements of over 20 million users, including the vast majority of K-20 students together with educators, researchers, and others working in California's vital public -serving institutions. This is the same network that links the University of California, the state university system, community colleges, and public school districts. 168 of 278 Phase Two Beginning April 2019, the program has expanded opportunities for qualified/eligible public libraries to apply for funding in the following areas: • First year connection costs • Equipment to support connections • Consulting costs related to configuration and installation of equipment • Construction costs related to expansion of necessary infrastructure to make connections • Construction costs related to required upgrades of inside wiring and other facilities to make connections viable • Technical network training for librarians Califa Group, the largest library network in California with a consortium of more than 230 public, academic, schools, and special libraries, currently serves as the administrative and fiscal agent for the broadband project, providing assistance to California public libraries connected to or in the process of connecting to CENIC's CaIREN network. Califa also pays for the CENIC "backbone fee", which comes out to a few million dollars per year with funds provided by the State Library. However, California public libraries are not assessed any of the costs associated with this "backbone access" fee. They only have to pay the so-called "last mile" circuit costs to connect themselves to CENIC's CaIREN network. AWARD March 19, 2021, a grant in the amount of $135,645.71 has been awarded to National City Public Library to cover the costs of networking -and/or -connectivity -specific equipment associated with upgrading the library's current Internet bandwidth from 1Gbps to 10Gbps. The grant is effective for the period beginning July 2019 to ending June 2022. See Proposed Budget for Grant -Eligible Project Costs attached. PROJECT SCOPE The broadband upgrade, combined with the new hardware equipment that specifically accommodate increased Internet speed will allow the Library to fully accommodate the current social lifestyle by: • Offering better support for individual and group online learning; • Introducing library new services and programs; • Providing better and quicker Internet connectivity; • Circumventing bottleneck problems during peak hour use even when streaming heavy data videos and online meetings; • Accommodating patron's multiple mobile devices use in the library; • Expanding Wi-Fi coverage to beyond the library building to include the entire parking lot adjacent to the library. Access to the library's Wi-Fi will be available to library visitors beyond library's operating hours and 24/7. The funds provided by the grant will be used to purchase the following hardware: 169 of 278 ISP 10GB Indoor Wifi - APs DMZ Switches 3850's FortiGate 601E- HA mode Core/Distribution Layer Switches Nexus 9300 � - J Outdoor Wifi - APs Proposed Project Timeline Virtual Servers hosted on the VMware Hvoervisor 1) Domain Controllers * Identity & secure network access (Active Directory) * Core Network Services: DHCP, DNS, NTP 2) FortiAnalysier — Log collector for the Fortigate firewall 3) Cybrariansystem — Manage internet access on public workstations — login timer, etc. 4) Deep Freeze server —maintains safe/consistent image on public workstations 5) 3M/Bibliotheca Server 6) Print Server (includes patron use) VMware Hypervisor Computers, Printers , Copiers ...etc Phase 1— Install and configure the outdoor wireless to expand the coverage service to include the parking lot adjacent to the library. Estimated completion date of phase one: August 2021. 170 of 278 ➢ Phase 2 - Design, install, and configure the core network infrastructure to support the 10 GB bandwidth, including firewalls, switches, wireless controller, uninterruptible Power Supply and Access control IPS/IDS/ Web content filtering. Estimated completion date of phase 2: November 2021. ➢ Phase 3 - Design, install, and configure the servers and storage infrastructure that will be hosting virtual servers, core network services, identity, secure network access, data security, and backup system. Estimated completion date of phase 3: March 2022. ➢ Phase 4 — Migrate all the data from the old environment to the new one and install and configure monitoring tools, backup system, log analyzer, and set up a disaster recovery plan for business continuity. Estimated completion date of phase 4: June 2022. 171 of 278 la STATE LIBRARY March 19, 2021 Minh Duong, City Librarian National City Public Library 1401 National City Blvd. National City, CA 91950-4401 Re: High -Speed Broadband in California Libraries Grant — Year 6 Dear Ms. Duong, This letter constitutes State Library approval of the grant application by the National City Public Library in the following amount(s) for the above -named project: Technology and Hardware funding: $135,645.71 Total award of $135,645.71 The grant is effective immediately for the period beginning July 2019 and ending June 2022. Congratulations on being among the public libraries in California to benefit from this program! Please work with Christian DeLay, Broadband Project Manager for Califa, who is the administrative and fiscal agent forthis project. You may contact him atcdelay@califa.org. You should expect payment of this grant in whole from Califa. Periodic narrative and fiscal reports will be required and forms and instructions will follow shortly. The reports should include how funds were expended and a summary of the progress made in fulfillinggrant requirements. Respectfully yours, Greg Lucas California State Librarian Cc: Paula MacKinnon, Executive Director, Califa Christian DeLay, Broadband Project Manager, Califa Library — Courts Building P.O. Box 942837 Sacramento, CA 94237-0001 916-323-9759 csl-adm@library.ca.gov www.library.ca.gov 172 of 278 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 appropriation of $650,551.50 for Phase II — Implementation phase of Paradise Creek Mitigation at Kimball Way project, reimbursable through the Hazard Mitigation Grant Program approved by the Federal Emergency Management Agency (FEMA); 2) establishing corresponding revenue and expenditure accounts; and 3) committing to providing a local match of $216,850.50. (Engineering/Public Works) Please scroll down to view the backup material. 173 of 278 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 20, 2021 AGENDA ITEM NO.: ITEM TITLE: Resolution of the City Council of the City of National City, 1) authorizing the appropriation of $650,551.50 for Phase II — Implementation phase of Paradise Creek Mitigation at Kimball Way project, reimbursable through the Hazard Mitigation Grant Program approved by the Federal Emergency Management Agency (FEMA); 2) establishing corresponding revenue and expenditure accounts; and 3) committing to providing a local match of $216,850.50. PREPARED BY: Luca Zappiello, Assi PHONE: 619-336-4360 EXPLANATION: See attached explanation. t Engineer - Civil DEPARTMENT: Engin ,�' • ; d Public Works APPROVED BY: FINANCIAL STATEMENT: APPROVED: FINANCE ACCOUNT NO. Revenue Account: 296-06198-3498 - $650,551.50 Expenditure Account: 296-409-500-598-6198 (Paradise Creek Mitigation Project at Kimball Way) — $650,551.50 Local Match: 001-409-500-598-7049 (Drainage Improvements) — $216,850.50 (funds available through prior City Council appropriations) APPROVED: MIS ENVIRONMENTAL REVIEW: CEQA/NEPA and all required environmental permits where completed as part of Phase I. ORDINANCE: INTRODUCTION FINAL ADOPTION STAFF RECOMMENDATION: Adopt a Resolution authorizing the appropriation of $650,551.50 for Phase II — Implementation phase for the Paradise Creek Mitigation at Kimball Way project, reimbursable through the Hazard Mitigation Grant Program approved by FEMA; establishing corresponding revenue and expenditure accounts; and committing to providing a local match of $216,850.50. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation w/ Exhibit 2. Grant Award Letter w/ Approval Supplemental Funds 3. Updated Grant Subaward Information Sheet Notification Letter 4. Resolution 174 of 278 Explanation On November 1, 2017, the Engineering and Public Works Department submitted a project proposal for a California Governor's Office of Emergency Services (CaIOES) grant to improve Paradise Creek between Highland Avenue and Kimball Way. The proposed project will provide water quality and flood control features through the revegetation of the 340 linear foot section of the channel, removing and replacing the failing retaining wall located on the south side of the channel, repairing and stabilizing the slopes with Articulated Concrete Blocks, installing new steel bar screens at the inlets and outlets and a new perimeter wrought iron fence to prevent unauthorized access. On March 19, 2019, staff was notified from CalOES that the City of National City had been awarded Federal funding for Phase 1 of the project in the amount of $143,685.00, which requires a local match of $47,895.00, resulting in a total project cost of $191,580.00. Phase 1 included a field survey, geotechnical analysis; stream modeling, environmental review and engineering design and permits. On June 18, 2019, the City Council authorized the appropriation of grant funding for the Phase 1 of the project. Phase 1 of the project was completed on July 19, 2020. On September 8, 2020, staff was notified by CalOES that the City of National City had been awarded Federal funding for Phase 2 - Implementation phase of the project in an amount of $456,296.25, which requires a local match of $152,098.75, resulting in a Phase 2 cost of $608,395.00. However, on November 2, 2020, staff requested additional funds from CaIOES for this phase of the project since the awarded funding was not sufficient to complete the proposed improvements. On February 25, 2021, staff was notified by CalOES that the requested additional funding for Phase 2, implementation phase, of the project was approved in amount of $194,255.25, with a corresponding local match of $64,751.75. The updated project cost incorporating the additional funds is $650,551.50 in federal grant funds, and a local match of $216,850.50, for a total Phase 2 cost of $867,402.00. Additionally, on February 25, 2021, staff also received approval for a time extension establishing the new performance period end date as February 18, 2022. Staff is requesting authorization to establish an Engineering Grants Fund appropriation of $650,551.50 and corresponding revenue and expenditure budgets to allow for reimbursement of eligible project expenditures through the California Governor's Office of Emergency Services (Ca1OES) for the Project. The required local match of $216,850.50 is available through prior City Council appropriations. 175 of 278 VICINITY MAP SCALE: 1" = 20.000 FT LEGEND: PROJECT BOUNDARY PROJECT STAGING AREA PROJECT COORDINATES ID LATITUDE LONGITUDE PC1 32.673004° -117.099533° PC2 32.672766° -117.099238* PC3 32.672531° -117.098800* PC4 32.673132° -117.098928° PC5 32.673491° -117.098294° PC6 32.673645° -117.098357* PC7 32.673490° -117.096897° PROJECT LOCATION MAP SCALE: 1" = 20.01 0 50' 100' 200' 400' 600' 1" = 200' ATTACHMENT A: VICINITY AND PROJECT LOCATION MAPS - CALIFORNIA - NATIONAL C1Ty NATIONAL CITY, CALIFORNIA PARADISE CREEK AT HIGHLAND 176 of 278 SURVEYOR: SAMPO ENGINEERING. 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ROM TANGENT aT C10'aC.<.1B n(M' i.GC 1995 OA RS•YSCBT 22Y6i MAP 14ETE 00eaa'S9ID• MAO' e59' 39A' DECINIUTM OMESPONSIBLE C HARGE aRR tDlt1MCI mSVIRW Tma TOntOR0/g2=�Pf6apaRw rs"D vaa r' pan[ai . .A ignTIONf On, R'A6TGR116ALMMEA304 PARADISE CREEP( MITIGATION PROJECT AT KIMBAU. WAY IMPROVOOTT{ANAN N:RORIE CITY OF NATIONAL CITY EHEET cp... 19-35 11500- 4 -D 177 of 278 U.S. Department of Homeland Security Region IX 1111 Broadway, Suite 1200 Oakland, CA 94607-4052 FEMA August 20, 2020 Mark S. Ghilarducci Governor's Authorized Representative California Governor's Office of Emergency Services 3650 Schriever Ave. Mather, California 95655 Reference: Approval of Phase Two Construction HMGP-4308-227-31R, FIPS Code #073-50398 City of National City Paradise Creek Improvements at Highland Avenue (Phase 2) Supplement #43 Dear Mr. Ghilarducci: We have approved Phase Two funding for the above -referenced Hazard Mitigation Grant Program (HMGP) project from the City of National City (Subrecipient). In our letter, dated March 19, 2019, we approved a Phase One for the Subrecipient to prepare information for FEMA's continued reviews of programmatic eligibility and Environmental Planning and Historic Preservation (EHP) compliance. Upon receiving the Phase One submittals, we determined the project is eligible for the Phase Two construction funding. The approved Phase Two total cost is $608,395.00, and as shown in the enclosed Supplement #43 Obligation Report, we awarded a 75 percent Federal Share of $456,296.25. The local match is $152,098.75. These funds are now available in Smartlink for eligible reimbursements. The total project cost estimate is $799,975, and a summary of approved funding is as follows: Phase One, Supplement #19 Phase Two, Supplement #43 Estimated Total Project Cost 75% Federal Share 25% Match $143,685.00 $47,895.00 $456,296.25 $152,098.75 $599,981.25 $199,993.75 Total Cost $191,580.00 $608,395.00 $799,975.00 www.fema.gov 178 of 278 August 20, 2020 Page 2 This approval of construction funding is subject to the following: 1. Budget Changes - Changes are permitted within the approved budget for unanticipated and limited adjustments; however, cost overruns require FEMA's prior approval. Overruns shall continue to meet cost share and eligibility requirements, and new BCA may be required. No close-out of the Phase One is necessary. Any Phase One cost underruns shall be applied to the Phase Two construction or de -obligated. Please refer to the Guidance, Part VI.D.3. 2. Scope of Work (SOW) — The propose mitigation is to improve a section of Paradise Creek east of Kimball Way. The existing concrete side slopes and channel bed would be removed, and regraded, reinforced, and recompacted with fill. The creek bed will be lined with open cell articulated concrete blocks and revegetated. 3. The Fiscal Year 2015 Hazard Mitigation Assistance Guidance (Guidance) is a definitive policy document to be treated as an official position on HMGP-4308-DR-CA matters. 4. Project Activity Completion Date — The project schedule in the application identified that all work will be completed in 12 months or by August 20, 2021. Please be advised that all federal funds may be de -obligated for work that is not completed within schedule, and for which no extension is approved. 5. National Environmental Policy Act (NEPA) - EHP determined the SOW is Categorically Excluded (CE or CATEX) from the need to prepare either an environmental assessment or environmental impact statement. Please inform the Subrecipient that conditions during construction exist in the enclosed Record of Environmental Consideration (REC), and noncompliance may place the project in jeopardy of a termination. 6. This award is subject to the enclosed Standard Hazard Mitigation Grant Program Conditions, amended February 2005. Federal funds may be de -obligated for work that does not comply with the Guidance and these conditions. 179 of 278 August 20, 2020 Page 3 If you have any questions or need further assistance, please contact me, or your staff may contact Aaron Lim, Hazard Mitigation Assistance Specialist, at aaron.lim@fema.dhs.gov or at (510) 627-7036. Sincerely, for Juliette Hayes Director Mitigation Division FEMA Region IX Enclosures (4): NEMIS Supplement #43 (Amendment #1) NEMIS Project Management Report REC_HMGP_4308-227-31R (Phase 2) Standard FIMGP Conditions cc: Monika Saputra, Cal OES Robin Shepard, Cal OES Andrew Gillings, Cal OES Whitney Braziel, Cal OES Digitally signed by ROBERT P MCCORD Date: 2020.08.20 11:55:29 -07'00' 180 of 278 GAVIN NEWSOM GOVERNOR February 25, 2021 Frank Parra Director of Emergency Services National City, City of 1243 National City Boulevard National City, CA 91950-7251 cal OES GOVERNOR'S OFFICE OF EMERGENCY SERVICES Subject: Notification of Approval of Supplemental Funds Hazard Mitigation Grant Program FEMA-4308-DR-CA, Project #PJ0227, FIPS #073-50398, Supplement #54 Dear Mr. Parra: MARK S. GHILARDUCCI DIRECTOR The California Governor's Office of Emergency Services (Cal OES) has received the enclosed supplement from the Federal Emergency Management Agency (FEMA) approving $194,255.25 in additional funds for this grant subaward. A copy of FEMA's letter is enclosed for your records. Payments will be made on a reimbursement basis using the Hazard Mitigation Reimbursement Request form. A ten percent (10%) retention will be withheld from all reimbursement payments and will be released as part of the grant subaward closeout process. Please note that the submitted DUNS Number for this project must maintain an active registration in the SAM.gov (System for Award Management) database for the duration of this grant subaward. Please read the enclosed supplement. In accordance with Title 44 Code of Federal Regulations, Part 206.440, if you disagree with FEMA's obligated amount or scope of work listed in the supplement, you can appeal. All appeals must be in writing and received by Cal OES within 60 days from the receipt of this letter. If you have any questions or need assistance, please contact the Recovery Financial Processing Unit at (916) 845-8110. Recovery Financial Processing Unit Enclosures c: Applicant's File 3650 SCHRIEVER AVENUE • MATHER, CA 95655 RECOVERY FINANCIAL PROCESSING UNIT (916) 845-8110 181 of 278 February 22, 2021 Mark S. Ghilarducci Governor's Authorized Representative Governor's California Office of Emergency Services 3650 Schriever Avenue Mather, California 95655 U.S. Department of Homeland Security 1111 Broadway, Suite 1200 Oakland, CA 94607.4052 FEMA RECEIVED FEB 23 2021 730066 FINANCIAL PROCESSING UNIT Reference: Approval Additional Funding Request HMGP-4308-227-31R, City of National City Paradise Creek Improvements at Highland Avenue Mitigation Project Supplement #54 Obligation Report Dear Mr. Ghilardueci: We have reviewed and approved the request for additional funding for the above -referenced Hazard Mitigation Grant Program (HMGP) project subapplication. The total funding awarded for this project is shown in the table below. The $194,255.25 federal share additional funding is now available in Smartlink for eligible disbursements. Federal Share Phase One, Supplement #19 $143,685.00 Phase Two, Supplement #43 $456,296.25 Budget Increase, Supplement #XX $194,255.25 Total Project Cost $794,236.50 Local Match $47,895.00 $152,098.75 $64,751.75 $264,745.50 Total Cost $191,580.00 $608,395.00 $259,007.00 $1,058,982.00 Please advise the Subrecipient that federal funds may be de -obligated for work that is not completed by February 18, 2022, and for which no time extension is approved. If you have any questions, please contact Aaron Lim, Hazard Mitigation Assistance Specialist, at (510) 627-7036 or aaron.lim@fema.dhs.gov. Enclosures (2): NEMIS Obligation Report NEMIS Project Management Report cc: Andrew Gillings, Cal OES Michele Telfer, Cal OES Robin Shepard, Cal OES Monika Saputra, Cal OES Sincerely, Digitally signed by r( } ROBERT P MCCORQ t / Date: 2021.02.23 08:54:18 for-08'00' Kathryn Lipiecki Director Mitigation Division FEMA Region IX www.feina.gov 182 of 278 02/22/2021 16:18 Disaster FEMA Amendment No • Project No No 4308 31 •R 2 Subrecipient: National City Subrecipient FIPS Code: 073-50398 FEDERAL EMERGENCY MANAGEMENT AGENCY HAZARD MITIGATION GRANTS PROGRAM Obligation Report w! Signatures State Action Application ID No 227 Supplemental No State 3 54 CA HMGP-OB-02 Recipient Statewide Project Title ; National City - Paradise Creek Improvements at Highland Avenue Total Amount Total Amount Total Amount Previously Allocated Previously Obligated Pending Obligation $794,236.50�A�__.__..-.� $794,236.50 �..�.� $0.00 Project Project Amount RecipientAdmin Est SubrecipientAdmin Est Total Amount Available for New Obligation $0.00 Total Obligation IFMIS Date IFMIS Status FY $194,255.25 L Comments $0.00 Date: 02/22/2021 User Id: SSCOTT39 $0.00 $194,256.25 02/23/2021 Accept 2021 Comment: Approved funding for 4308-227-31 R, San Diego County, National City, Paradise Creek Improvements at Highland Avenue for $194,255.25. Authorization Preparer Name: STEVEN SCOTT HMO Authorization Name: AARON LIM Ple(„v_i Authorizing Official Signature Preparation Date: 02/22/2021 HMO Authorization Date: 02/22/2021 Digitally signed by ROBERT P MCCORD Date: 2021.02.23 11:08:45-08'00' Authorizing Official Title Authorizing Official Signature Authorizing Official Title Authorization Date Authorization Date Page 1 of 1 183 of 278 02/22/2021 FEDERAL EMERGENCY MANAGEMENT AGENCY 4:19 PM HAZARD MITIGATION GRANT PROGRAM Project Management Report Disaster FEMA Amendment App ID State Recipient Number Project Number Number 4308 31-R 2 227 CA Statewide Subrecipient: National City FIPS Code: 073.50398 Project Title : National City - Paradise Creek Improvements at Highland Avenue HMGP-AP-01 Mitigation Project Description Amendment Status : Approved Approval Status: Approved Project Title : National City - Paradise Creek Improvements at Highland Avenue Recipient : Statewide Subreclplent : National City Recipient County Name : San Diego Subrecipient County Name : San Diego Recipient County Code : 73 Subrecipient County Code : 73 Recipient Place Name : National City Subrecipient Place Name: National City Recipient Place Code : 0 Subrecipient Place Code : 50398 Project Closeout Date : 00/00/0000 Work Schedule Status Amend # Description TlmeFrame Due Date Revised Date Completion Date 1 Design & Permits 3.7 Months 00/00/0000 00/00/0000 00/00/0000 0 Design & Permits 3.7 Months 00/00/0000 00/00/0000 00/00/0000 2 Design & Permits 3.7 Months 00/00/0000 00/00/0000 00/00/0000 0 Construction 5.3 Months 0D/00/0000 00/00/0000 00/00/0000 1 Construction 5.3 Months 00/00/0000 00/00/0000 00/00/0000 2 Construction 5.3 Months 00/00/0000 00/00/0000 00/00/0000 0 Project Closeout 3 Months 00/00/0000 00/00/0000 00/00/0000 1 Project Closeout 3 Months 00/00/0000 00/00/0000 00/00/0000 2 Project Closeout 3 Months 00/00/0000 00/00/0000 00/00/0000 Approved Amounts Total Approved Federal Net Eligible Share Percent $1,058,982.00 75.000000000 Total Approved Federal Share Amount $794,236.50 Non -Federal Share Percent 25.00000000 Allocations ES/DFSC ES/DFSC Allocation IFMIS IFMIS Submission Support Amend Proj Alloc Amount Number Status Date Date FY Req ID Number Fed Share 8 A 03/15/2019 03/14/2019 2019 2800551 3 I $143,685.00 26 A 08/19/2020 08/19/2020 2020 2918479 16 I $456,296.251 I $0.0I 37 A 02/22/2021 02/22/2021 2021 3231134 7 1 $194,255.251 I $O.00 I Recipient Admin Amount $0.00 Total Approved Non -Fed Share Amount $264,745.50 Subrecipient Total Admin Amount Alloc Amount Total $794,236.501 Obligations Action IFMIS IFMIS Submission SFS SFS Suppl Nr Status Date FY Support Amend Nr Date Po.a In Al. mhor 1 A 03115/20'03/15/2019 2019 2844037 0 19 2 A 08/19/20;08119/2020 2020 3048645 1 43 $o.00l r KOl $D.J $0.0011 $0.0011 Project Obligated Recipient Subrecipient Amt - Fed Share Admin Admin Amount $143,685.00 $456,296. $143,685.00 $456,296.2 J $194,255.2 J $794,236.501 Total Obligated Amount $D.Do11 $0.0 $0.00 $143,685.001 $0.001 $456,296.251 Page 1 of 2 184 of 278 02/22/2021 4:19 PM Disaster Number 4308 Subrecipient: FEMA Project Number 31 -R National City FIPS Code: 073-50396 FEDERAL EMERGENCY MANAGEMENT AGENCY HAZARD MITIGATION GRANT PROGRAM Project Management Report Amendment App ID State Number 2 227 CA Recipient Statewide Project Title : National City - Paradise Creek Improvements at Highland Avenue HMGP-AP-01 Obligations Action IFMIS IFMIS Submission Nr Status Date Date 3 A 02/23/2M02/22/2021 FY SFS SFS Suppl Support Amend Nr Do.,. in Al. imF.cv 2021 3400922 2 54 Total Project Obligated Recipient Amt - Fed Share Admin $194,255.20 $794,236.50 $0.001 $0.001 Subrecipient Admin Amount $0.00I 1 $0.00I 1 Total Obligated Amount $194,255,25 $794,236.50 Page 2 of 2 185 of 278 GAVIN NEWSOM GOVERNOR February 25, 2021 Frank Parra Director of Emergency Services National City, City of 1243 National City Boulevard National City, CA 91950-7251 cat OES GOVERNOR'S OFFICE OF EMERGENCY SERVICES Subject: Updated Grant Subaward Information Sheet Notification Hazard Mitigation Grant Program FEMA-4308-DR-CA, Project #PJ0227, FIPS #073-50398 Dear Mr. Parra: MARK S. GHILARDUCCI DIRECTOR In compliance with 2 CFR Ch. II §200.331, the California Governor's Office of Emergency Services (Cal OES) is sending you an updated Supplemental Grant Subaward Information sheet to reflect recent changes to information regarding your subaward. This document has the following revision(s): • A new performance period end date. The new end date for this project is February 18, 2022. • A new approved project funding amount. $794,236.50 is now the approved funding amount for this project due to an additional obligation in the amount of $194,255.25. Please review the enclosed document to verify its accuracy. For further assistance, please contact the Recovery Financial Processing Unit at (916) 845-8110. Recovery Financial Processing Unit Enclosures: Supplemental Grant Subaward Information Sheet c: Applicant's File Ii NIAms. (.• 3650 SCHRIEVER AVENUE • MATHER, CA 95655 RECOVERY FINANCIAL PROCESSING UNIT (916) 845-81 10 186 of 278 California Governor's Office of Emergency Services SUPPLEMENTAL GRANT SUBAWARD INFORMATION The California Governor's Office of Emergency Services (Cal OES), makes a Grant Subaward of funds set forth to the following: Cal OES Contact Information Section: Governor's Office of Emergency Services Mark S. Ghilarducci, Director 3650 Schriever Avenue Mather, CA 95655 (916) 845-8506 phone • (916) 845-8511 fax 1. Subrecipient: National City, City of 2. Implementing Agency: Cal OES Use only Cal OES # 073-50398-00 FIPS # 073-50398 VS # No longer required Subaward # DR4308-PJ0227 PCA 82884 Federal Award Dates From: 2/1 /17 To: 10/31/24 3. Implementing Agency Address: City of National City 1243 National City Boulevard la. DUNS#: 2a. DUNS#: National City CA 91950-7251 072494073 4. Location of Project: City of National City 5. Federal Award Identification Number Street City FEMA-4308-DR-CA 6. Performance Period: 7. Indirect Cost Rate: ❑✓ N/A; ❑ 10% de minimis; ❑ Federally Approved ICR City San Diego County 3/15/2019 tO Zip+4 91950-7251 Zip+4 2/18/2022 Supp No. A. Federal Share B. Non -Federal Share C. Admin Cost D. CDAA (STATE) E. Total Project Cost Fed / Non Fed Percentage 8 19 $143,685.00 $47,895.00 $0.00 $191,580.00 75/25% 9 43 $456,296.25 $152,098.75 $0.00 $608,395.00 10 54 $194,255.25 $64,751.75 $0.00 $259,007.00 11 $0.00 12. TOTALS $794,236.501 $264,745.50 $0.00 12 E Total Project Cost $1,058,982.00 13. Federal Awarding Agency Section Federal Program Fund / CFDA # Federal Awarding Agency Total Federal Award Amount 1 otai Local Assistance Amount Hazard Mitigation Grant Program / 97.039 U.S. Department of Homeland Security, Federal Emergency Management Agency $1,058,982.00 N/A 14. Primary Authorized Agent: Name: Frank Parra 15. Federal Employer ID Number: 95-6000749 Telephone: (619) 336-4551 (area code) Title: Director of Emergency Services FAX: (619) 336-4562 Email: FparraAnationalcityca.gov (area code) Mailing Address: 1243 National City Boulevard Payment Mailing Address: National City CA 91950-7251 Street 1243 National City Boulevard City National City CA Zip+4 91950-7251 City Zip+4 16. Project Description Section: Paradise Creek Improvements at Highland Avenue 17. Research & Development Section: • Is this Subaward a Research & Development grant? Yes ❑ No 2 Supplemental Grant Subaward Information - Cal OES 2-101 a Revise 187 of 278 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City expressing support of the Protecting the Right to Organize (PRO) Act (HR. 842). (City Manager) Please scroll down to view the backup material. 188 of 278 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 20, 2021 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City expressing support of the Protecting the Right to Organize (PRO) Act (HR. 842). PREPARED BY: Tony Winney, Assistant City Manager DEPARTMENT: City Manager's Office PHONE: (619) 336-4240 APPROVED BY: EXPLANATION: At the City Council meeting on April 6, 2021, the City Council asked staff to return with additional information on HR 842, also known as the Protecting the Right to Organize Act, as introduced to the US Congress. Please see attached analysis of the bill. FINANCIAL STATEMENT: ACCOUNT NO. No Fiscal Impact. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: STAFF RECOMMENDATION: No staff recommendation. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Exhibit A — Explanation Exhibit B — Text of HR 842 Protecting the Right to Organize Act Exhibit C — City Council Policy #301 - Legislative and Judicial Platform Finance MIS 189 of 278 Exhibit A Explanation and Background: Expressing support of the Protecting the Right to Organize (PRO) Act (HR. 842) Summary At the City Council meeting on April 6, 2021, the City Council asked staff to return with additional information on HR 842, also known as the Protecting the Right to Organize Act, as introduced to the US Congress. The bill was introduced on February 2, 2021 and was passed by the US House of Representatives on March 9, 2021. If the Act passes in the Senate, it would impact both unionized and non -unionized workplaces. The National League of Cities has not taken a position on this bill. City Legislative Platform The City of National City's Legislative Platform as outlined in City Council Policy #301 states the following regarding Employee Relations. "The City supports efforts that provide the City with necessary resources and authority to establish appropriate working conditions and benefits to its employees. This includes preserving and enhancing equal employment opportunities for all people seeking employment, and opposing efforts that remove the local decision making authority in employee issues. The City is supportive of efforts that result in improved public and private sector labor management relations and opposes efforts that impose state mandates. The City supports efforts to prevent abuses within the compensation system, which in turn results in increased costs to the municipality." It is important to note that while local governments are not subject to the National Labor Relations Act which is amended by the bill, it may have the potential to remove local decision making authority in employee issues and impose state mandates that would be influenced by the passage of the bill and through associated case law. City Council approval is required on those issues which do not fall directly within the parameters of the legislative and judicial platform, such as this bill. Bill Summary Below is the summary of the bill as provided by the Congressional Research Service (CRS) of the Library of Congress, which works exclusively for the United States Congress, providing policy and legal analysis to committees and Members of both the House and Senate, regardless of party affiliation. CRS provides Congress with analysis that is authoritative, confidential, objective, and non -partisan. 190 of 278 Protecting the Right to Organize Act of 2021: this bill expands various labor protections related to employees' rights to organize and collectively bargain in the workplace. Among other things, it (1) revises the definitions of employee, supervisor, and employer to broaden the scope of individuals covered by the fair labor standards; (2) permits labor organizations to encourage participation of union members in strikes initiated by employees represented by a different labor organization (i.e., secondary strikes); and (3) prohibits employers from bringing claims against unions that conduct such secondary strikes. The bill also allows collective bargaining agreements to require all employees represented by the bargaining unit to contribute fees to the labor organization for the cost of such representation, notwithstanding a state law to the contrary; and expands unfair labor practices to include prohibitions against replacement of, or discrimination against, workers who participate in strikes. The bill makes it an unfair labor practice to require or coerce employees to attend employer meetings designed to discourage union membership and prohibits employers from entering into agreements with employees under which employees waive the right to pursue or a join collective or class-action litigation. The bill further prohibits employers from taking adverse actions against an employee, including employees with management responsibilities, in response to that employee participating in protected activities related to the enforcement of the prohibitions against unfair labor practices (i.e., whistleblower protections). Such protected activities include • providing information about a potential violation to an enforcement agency, • participating in an enforcement proceeding, • initiating a proceeding concerning an alleged violation or assisting in such a proceeding, or • refusing to participate in an activity the employee reasonably believes is a violation of labor laws. Finally, the bill addresses the procedures for union representation elections, provides employees with the ability to vote in such elections remotely by telephone or the internet, modifies the protections against unfair labor practices that result in serious economic harm, and establishes penalties and permits injunctive relief against entities that fail to comply with National Labor Relations Board orders. 191 of 278 IIB 117TH CONGRESS 1-1 • R. 842 1ST SESSION IN THE SENATE OF THE UNITED STATES MARCH 11, 2021 Received; read twice and referred to the Committee on Health, Education, Labor, and Pensions AN ACT To amend the National Labor Relations Act, the Labor Management Relations Act, 1947, and the Labor -Man- agement Reporting and Disclosure Act of 1959, and for other purposes. 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 192 of 278 1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 2 (a) SHORT TITLE. —This Act may be cited as the 3 "Protecting the Right to Organize Act of 2021". 4 (b) TABLE OF CONTENTS. —The table of contents for 5 this Act is as follows: Sec. 1. Short title; table of contents. TITLE I —AMENDMENTS TO THE NATIONAL LABOR RELATIONS ACT Sec. 101. Definitions. Sec. 102. Reports. Sec. 103. Appointment. Sec. 104. Unfair labor practices. Sec. 105. Representatives and elections. Sec. 106. Damages for unfair labor practices. Sec. 107. Enforcing compliance with orders of the board. Sec. 108. Injunctions against unfair labor practices involving discharge or other serious economic harm. Sec. 109. Penalties. Sec. 110. Limitations on the right to strike. Sec. 111. Fair share agreements permitted. TITLE II —AMENDMENTS TO THE LABOR MANAGEMENT RELA- TIONS ACT, 1947 AND THE LABOR-MANAGEMENT REPORTING AND DISCLOSURE ACT OF 1959 Sec. 201. Conforming amendments to the Labor Management Relations Act, 1947. Sec. 202. Amendments to the Labor -Management Reporting and Disclosure Act of 1959. TITLE IH—OTHER MATTERS Sec. 301. Electronic voting in Union elections. Sec. 302. GAO report on sectoral bargaining. Sec. 303. Severability. Sec. 304. Authorization of appropriations. Sec. 305. Rule of Construction. Sec. 306. Rule of Construction. Sec. 307. Rule of Construction. Sec. 308. Rule of Construction. Sec. 309. GAO Report. HR 842 RFS 193 of 278 1 TITLE I -AMENDMENTS TO THE 2 NATIONAL LABOR RELATIONS 3 ACT 4 SEC. 101. DEFINITIONS. 5 (a) JOINT EMPLOYER. —Section 2(2) of the National 6 Labor Relations Act (29 U.S.C. 152(2)) is amended by 7 adding at the end the following: "Two or more persons 8 shall be employers with respect to an employee if each 9 such person codetermines or shares control over the em- 10 ployee's essential terms and conditions of employment. In 11 determining whether such control exists, the Board or a 12 court of competent jurisdiction shall consider as relevant 13 direct control and indirect control over such terms and 14 conditions, reserved authority to control such terms and 15 conditions, and control over such terms and conditions ex- 16 ercised by a person in fact: Provided, That nothing herein 17 precludes a finding that indirect or reserved control stand- 18 ing alone can be sufficient given specific facts and cir- 19 cumstances.". 20 (b) EMPLOYEE. —Section 2(3) of the National Labor 21 Relations Act (29 U.S.C. 152(3)) is amended by adding 22 at the end the following: "An individual performing any 23 service shall be considered an employee (except as pro- 24 vided in the previous sentence) and not an independent 25 contractor, unless— HR 842 RFS 194 of 278 4 1 "(A) the individual is free from control and 2 direction in connection with the performance of 3 the service, both under the contract for the per- 4 formance of service and in fact; 5 "(B) the service is performed outside the 6 usual course of the business of the employer; 7 and 8 "(C) the individual is customarily engaged 9 in an independently established trade, occupa- 10 tion, profession, or business of the same nature 11 as that involved in the service performed.". 12 (c) SUPERVISOR. —Section 2(11) of the National 13 Labor Relations Act (29 U.S.C. 152(11)) is amended- 14 (1) by inserting "and for a majority of the indi- 15 vidual's worktime" after "interest of the employer"; 16 (2) by striking "assign,"; and 17 (3) by striking "or responsibly to direct them,". 18 SEC. 102. REPORTS. 19 Section 3(c) of the National Labor Relations Act is 20 amended- 21 (1) by striking "The Board" and inserting "(1) 22 The Board"; and 23 (2) by adding at the end the following: 24 "(2) Effective January 1, 2023, section 3003 of the 25 Federal Reports Elimination and Sunset Act of 1995 HR 842 RFS 195 of 278 5 1 (Public Law 166-44; 31 U.S.C. 1113 note) shall not apply 2 with respect to reports required under this subsection. 3 "(3) Each report issued under this subsection shall- 4 "(A) include no less detail than reports issued by the 5 Board prior to the termination of such reports under sec- 6 tion 3003 of the Federal Reports Elimination and Sunset 7 Act of 1995 (Public Law 166-44; 31 U.S.C. 1113 note); 8 "(B) list each case in which the Designated Agency 9 Ethics Official provided advice regarding whether a Mem- 10 ber should be recused from participating in a case or rule- 11 making; and 12 "(C) list each case in which the Designated Agency 13 Ethics Official determined that a Member should be 14 recused from participating in a case or rulemaking.". 15 SEC. 103. APPOINTMENT. 16 Section 4(a) of the National Labor Relations Act (29 17 U.S.C. 154(a)) is amended by striking ", or for economic 18 analysis". 19 SEC. 104. UNFAIR LABOR PRACTICES. 20 Section 8 of the National Labor Relations Act (29 21 U.S.C. 158) is amended- 22 (1) in subsection (a)- 23 (A) in paragraph (5), by striking the pe- 24 riod and inserting ";"; and 25 (B) by adding at the end the following: HR 842 RFS 196 of 278 6 1 "(6) to promise, threaten, or take any action- 2 "(A) to permanently replace an employee 3 who participates in a strike as defined by sec- 4 tion 501(2) of the Labor Management Rela- 5 tions Act, 1947 (29 U.S.C. 142(2)); 6 "(B) to discriminate against an employee 7 who is working or has unconditionally offered to 8 return to work for the employer because the 9 employee supported or participated in such a 10 strike; or 11 "(C) to lockout, suspend, or otherwise 12 withold employment from employees in order to 13 influence the position of such employees or the 14 representative of such employees in collective 15 bargaining prior to a strike; and 16 "(7) to communicate or misrepresent to an em- 17 ployee under section 2(3) that such employee is ex- 18 eluded from the definition of employee under section 19 2(3)."; 20 (2) in subsection (b)- 21 (A) by striking paragraphs (4) and (7); 22 (B) by redesignating paragraphs (5) and 23 (6) as paragraphs (4) and (5), respectively; HR 842 RFS 197 of 278 7 1 (C) in paragraph (4), as so redesignated, 2 by striking "affected;" and inserting "affected; 3 and"; and 4 (D) in paragraph (5), as so redesignated, 5 by striking "; and" and inserting a period; 6 (3) in subsection (c), by striking the period at 7 the end and inserting the following: ": Provided, 8 That it shall be an unfair labor practice under sub- 9 section (a) (1) for any employer to require or coerce 10 an employee to attend or participate in such employ- 11 er's campaign activities unrelated to the employee's 12 job duties, including activities that are subject to the 13 requirements under section 203(b) of the Labor- 14 Management Reporting and Disclosure Act of 1959 15 (29 U.S.C. 433(b))."; 16 (4) in subsection (d)- 17 (A) by redesignating paragraphs (1) 18 through (4) as subparagraphs (A) through (D), 19 respectively; 20 (B) by striking "For the purposes of this 21 section" and inserting "(1) For purposes of this 22 section"; 23 (C) by inserting "and to maintain current 24 wages, hours, and terms and conditions of em- HR 842 RFS 198 of 278 8 1 ployment pending an agreement" after "arising 2 thereunder"; 3 (D) by inserting ": Provided, That an em- 4 ployer's duty to collectively bargain shall con- 5 tinue absent decertification of the labor organi- 6 zation following an election conducted pursuant 7 to section 9" after "making of a concession:"; 8 (E) by inserting `further" before ", That 9 where there is in effect"; 10 (F) by striking "The duties imposed" and 11 inserting "(2) The duties imposed"; 12 (G) by striking "by paragraphs (2), (3), 13 and (4)" and inserting "by subparagraphs (B), 14 (C), and (D) of paragraph (1)"; 15 (H) by striking "section 8(d)(1)" and in- 16 serting "paragraph (1) (A)"; 17 (I) by striking "section 8(d)(3)" and in- 18 serting "paragraph (1)(C)" in each place it ap- 19 pears; 20 (J) by striking "section 8(d)(4)" and in- 21 serting "paragraph (1)(D)"; and 22 (K) by adding at the end the following: 23 "(3) Whenever collective bargaining is for the pur- 24 pose of establishing an initial collective bargaining agree- HR 842 RFS 199 of 278 9 1 ment following certification or recognition of a labor orga- 2 nization, the following shall apply: 3 "(A) Not later than 10 days after receiving a 4 written request for collective bargaining from an in- 5 dividual or labor organization that has been newly 6 recognized or certified as a representative as defined 7 in section 9(a), or within such further period as the 8 parties agree upon, the parties shall meet and com- 9 mence to bargain collectively and shall make every 10 reasonable effort to conclude and sign a collective 11 bargaining agreement. 12 "(B) If after the expiration of the 90-day pe- 13 riod beginning on the date on which bargaining is 14 commenced, or such additional period as the parties 15 may agree upon, the parties have failed to reach an 16 agreement, either party may notify the Federal Me- 17 diation and Conciliation Service of the existence of 18 a dispute and request mediation. Whenever such a 19 request is received, it shall be the duty of the Service 20 promptly to put itself in communication with the 21 parties and to use its best efforts, by mediation and 22 conciliation, to bring them to agreement. 23 "(C) If after the expiration of the 30-day period 24 beginning on the date on which the request for me- 25 diation is made under subparagraph (B), or such ad- HR 842 RFS 200 of 278 10 1 ditional period as the parties may agree upon, the 2 Service is not able to bring the parties to agreement 3 by conciliation, the Service shall refer the dispute to 4 a tripartite arbitration panel established in accord- 5 ance with such regulations as may be prescribed by 6 the Service, with one member selected by the labor 7 organization, one member selected by the employer, 8 and one neutral member mutually agreed to by the 9 parties. The labor organization and employer must 10 each select the members of the tripartite arbitration 11 panel within 14 days of the Service's referral; if the 12 labor organization or employer fail to do so, the 13 Service shall designate any members not selected by 14 the labor organization or the employer. A majority 15 of the tripartite arbitration panel shall render a deci- 16 sion settling the dispute as soon as practicable and 17 not later than within 120 clays, absent extraordinary 18 circumstances or by agreement or permission of the 19 parties, and such decision shall be binding upon the 20 parties for a period of 2 years, unless amended dur- 21 ing such period by written consent of the parties. 22 Such decision shall be based on- 23 "(i) the employer's financial status and 24 prospects; HR 842 RFS 201 of 278 1 2 3 4 5 6 7 8 9 10 11 "(ii) the size and type of the employer's operations and business; "(iii) the employees' cost of living; "(iv) the employees' ability to sustain themselves, their families, and their dependents on the wages and benefits they earn from the employer; and "(v) the wages and benefits other employ- ers in the same business provide their employ- ees."; 11 (5) by amending subsection (e) to read as fol- 12 lows: 13 "(e) Notwithstanding chapter 1 of title 9, United 14 States Code (commonly known as the `Federal Arbitration 15 Act'), or any other provision of law, it shall be an unfair 16 labor practice under subsection (a)(1) for any employer- 17 "(1) to enter into or attempt to enforce any 18 agreement, express or implied, whereby prior to a 19 dispute to which the agreement applies, an employee 20 undertakes or promises not to pursue, bring, join, 21 litigate, or support any kind of joint, class, or collec- 22 tive claim arising from or relating to the employ- 23 ment of such employee in any forum that, but for 24 such agreement, is of competent jurisdiction; HR 842 RFS 202 of 278 12 1 "(2) to coerce an employee into undertaking or 2 promising not to pursue, bring, join, litigate, or sup- 3 port any kind of joint, class, or collective claim aris- 4 ing from or relating to the employment of such em- 5 ployee; or 6 "(3) to retaliate or threaten to retaliate against 7 an employee for refusing to undertake or promise 8 not to pursue, bring, join, litigate, or support any 9 kind of joint, class, or collective claim arising from 10 or relating to the employment of such employee: 11 Provided, That any agreement that violates this sub- 12 section or results from a violation of this subsection 13 shall be to such extent unenforceable and void: Pro- 14 vided further, That this subsection shall not apply to 15 any agreement embodied in or expressly permitted 16 by a contract between an employer and a labor orga- 17 nization."; 18 (6) in subsection (g), by striking "clause (B) of 19 the last sentence of section 8(d) of this Act" and in- 20 serting "subsection (d)(2)(B)"; and 21 (7) by adding at the end the following: 22 "(h)(1) The Board shall promulgate regulations re- 23 quiring each employer to post and maintain, in con- 24 spicuous places where notices to employees and applicants 25 for employment are customarily posted both physically and HR 842 RFS 203 of 278 13 1 electronically, a notice setting forth the rights and protec- 2 tions afforded employees under this Act. The Board shall 3 make available to the public the form and text of such 4 notice. The Board shall promulgate regulations requiring 5 employers to notify each new employee of the information 6 contained in the notice described in the preceding two sen- 7 tences and to ensure that such notice is provided to em- 8 ployees in a language spoken by such employees. 9 "(2) Whenever the Board directs an election under 10 section 9(c) or approves an election agreement, the em- 11 plover of employees in the bargaining unit shall, not later 12 than 2 business days after the Board directs such election 13 or approves such election agreement, provide a voter list 14 to a labor organization that has petitioned to represent 15 such employees. Such voter list shall include the names 16 of all employees in the bargaining unit and such employ- 17 ees' home addresses, work locations, shifts, job classifica- 18 tions, and, if available to the employer, personal landline 19 and mobile telephone numbers, and work and personal 20 email addresses; the voter list must be provided in a 21 searchable electronic format generally approved by the 22 Board unless the employer certifies that the employer does 23 not possess the capacity to produce the list in the required 24 form. Not later than 9 months after the date of enactment 25 of the Protecting the Right to Organize Act of 2021, the HR 842 RFS 204 of 278 14 1 Board shall promulgate regulations implementing the re- 2 quirements of this paragraph. 3 "(i) The rights of an employee under section 7 in- 4 elude the right to use electronic communication devices 5 and systems (including computers, laptops, tablets, inter- 6 net access, email, cellular telephones, or other company 7 equipment) of the employer of such employee to engage 8 in activities protected under section 7 if such employer has 9 given such employee access to such devices and systems 10 in the course of the work of such employee, absent a com- 11 pelting business rationale for denying or limiting such 12 use.". 13 SEC. 105. REPRESENTATIVES AND ELECTIONS. 14 Section 9 of the National Labor Relations Act (29 15 U.S.C. 159) is amended- 16 (1) in subsection (c)- 17 (A) by amending paragraph (1) to read as 18 follows: 19 "(1) Whenever a petition shall have been filed, in ac- 20 cordance with such regulations as may be prescribed by 21 the Board, by an employee or group of employees or any 22 individual or labor organization acting in their behalf al- 23 leging that a substantial number of employees (i) wish to 24 be represented for collective bargaining and that their em- 25 ployer declines to recognize their representative as the rep- HR 842 RFS 205 of 278 15 1 resentative defined in section 9(a), or (ii) assert that the 2 individual or labor organization, which has been certified 3 or is being recognized by their employer as the bargaining 4 representative, is no longer a representative as defined in 5 section 9(a), the Board shall investigate such petition and 6 if it has reasonable cause to believe that a question of rep- 7 resentation affecting commerce exists shall provide for an 8 appropriate hearing upon due notice. Such hearing may 9 be conducted by an officer or employee of the regional of- 10 five, who shall not make any recommendations with re- 11 spect thereto. If the Board finds upon the record of such 12 hearing that such a question of representation exists, it 13 shall direct an election by secret ballot and shall certify 14 the results thereof. The Board shall find the labor organi- 15 zation's proposed unit to be appropriate if the employees 16 in the proposed unit share a community of interest, and 17 if the employees outside the unit do not share an over- 18 whelming community of interest with employees inside. At 19 the request of the labor organization, the Board shall di- 20 rect that the election be conducted through certified mail, 21 electronically, at the work location, or at a location other 22 than one owned or controlled by the employer. No em- 23 plover shall have standing as a party or to intervene in 24 any representation proceeding under this section."; HR 842 RFS 206 of 278 16 1 (B) in paragraph (3), by striking "an eco- 2 nomic strike who are not entitled to reinstate- 3 ment" and inserting "a strike"; 4 (C) by redesignating paragraphs (4) and 5 (5) as paragraphs (6) and (7), respectively; 6 (D) by inserting after paragraph (3) the 7 following: 8 "(4) If the Board finds that, in an election under 9 paragraph (1), a majority of the valid votes cast in a unit 10 appropriate for purposes of collective bargaining have been 11 cast in favor of representation by the labor organization, 12 the Board shall certify the labor organization as the rep- 13 resentative of the employees in such unit and shall issue 14 an order requiring the employer of such employees to col- 15 lectively bargain with the labor organization in accordance 16 with section 8(d). This order shall be deemed an order 17 under section 10(c) of this Act, without need for a deter- 18 urination of an unfair labor practice. 19 "(5)(A) If the Board finds that, in an election under 20 paragraph (1), a majority of the valid votes cast in a unit 21 appropriate for purposes of collective bargaining have not 22 been cast in favor of representation by the labor organiza- 23 tion, the Board shall certify the results of the election, 24 subject to subparagraphs (B) and (C). HR 842 RFS 207 of 278 17 1 "(B) In any case in which a majority of the valid 2 votes cast in a unit appropriate for purposes of collective 3 bargaining have not been cast in favor of representation 4 by the labor organization and the Board determines, fol- 5 lowing a post -election hearing, that the employer has com- 6 milted a violation of this Act or otherwise interfered with 7 a fair election, and the employer has not demonstrated 8 that the violation or other interference is unlikely to have 9 affected the outcome of the election, the Board shall, with- 10 out ordering a new election, set aside the election and cer- 11 tify the labor organization as the representative of the em- 12 ployees in such unit and issue an order requiring the em- 13 ployer to bargain with the labor organization in accord- 14 ance with section 8(d) if, at any time during the period 15 beginning 1 year preceding the date of the commencement 16 of the election and ending on the date upon which the 17 Board makes the determination of a violation or other in- 18 terference, a majority of the employees in the bargaining 19 unit have signed authorizations designating the labor or- 20 ganization as their collective bargaining representative. 21 "(C) In any case where the Board determines that 22 an election under this paragraph should be set aside, the 23 Board shall direct a new election with appropriate addi- 24 tional safeguards necessary to ensure a fair election proc- HR 842 RFS 208 of 278 18 1 ess, except in cases where the Board issues a bargaining 2 order under subparagraph (B)."; and 3 (E) by inserting after paragraph (7), as so 4 redesignated, the following: 5 "(8) Except under extraordinary circumstances- 6 "(A) a pre -election hearing under this sub- 7 section shall begin not later than 8 days after a no- 8 tice of such hearing is served on the labor organiza- 9 tion and shall continue from day to day until com- 10 pleted; 11 "(B) a regional director shall transmit the no- 12 tice of election at the same time as the direction of 13 election, and shall transmit such notice and such di- 14 rection electronically (including transmission by 15 email or facsimile) or by overnight mail if electronic 16 transmission is unavailable; 17 "(C) not later than 2 days after the service of 18 the notice of hearing, the employer shall- 19 "(i) post the Notice of Petition for Elec- 20 tion in conspicuous places, including all places 21 where notices to employees are customarily 22 posted; 23 "(ii) if the employer customarily commu- 24 nicates with employees electronically, distribute 25 such Notice electronically; and HR 842 RFS 209 of 278 19 1 "(iii) maintain such posting until the peti- 2 tion is dismissed or withdrawn or the Notice of 3 Petition for Election is replaced by the Notice 4 of Election; 5 "(D) regional directors shall schedule elections 6 for the earliest date practicable, but not later than 7 the 20th business day after the direction of election; 8 and 9 "(E) a post -election hearing under this sub- 10 section shall begin not later than 14 days after the 11 filing of objections, if any."; 12 (2) in subsection (d), by striking "(e) or" and 13 inserting "(d) or"; and 14 (3) by adding at the end the following: 15 "(f) The Board shall dismiss any petition for an elec- 16 tion with respect to a bargaining unit or any subdivision 17 if, during the 12-month period ending on the date on 18 which the petition is filed- 19 "(1) the employer has recognized a labor orga- 20 nization without an election and in accordance with 21 this Act; 22 "(2) the labor organization and employer en- 23 gaged in their first bargaining session following the 24 issuance of a bargaining order by the Board; or HR 842 RFS 210 of 278 20 1 "(3) the labor organization and successor em- 2 ployer engaged in their first bargaining session fol- 3 lowing a succession. 4 "(g) The Board shall dismiss any petition for an elec- 5 tion with respect to a bargaining unit or any subdivision 6 if there is in effect a lawful written collective bargaining 7 agreement between the employer and an exclusive rep- 8 resentative covering any employees in the unit specified 9 in the petition, unless the petition is filed- 10 "(1) on or after the date that is 3 years after 11 the date on which the collective bargaining agree- 12 ment took effect; or 13 "(2) during the 30-day period beginning on the 14 date that is 90 days before the date that is 3 years 15 after the date on which the collective bargaining 16 agreement took effect. 17 "(h) The Board shall suspend the processing of any 18 petition for an election with respect to a bargaining unit 19 or any subdivision if a labor organization files an unfair 20 labor practice charge alleging a violation of section 8(a) 21 and requesting the suspension of a pending petition until 22 the unlawful conduct, if any, is remedied or the charge 23 is dismissed unless the Board determines that employees 24 can, under the circumstances, exercise free choice in an HR 842 RFS 211 of 278 21 1 election despite the unlawful conduct alleged in the 2 charge.". 3 SEC. 106. DAMAGES FOR UNFAIR LABOR PRACTICES. 4 Section 10(c) of the National Labor Relations Act 5 (29 U.S.C. 160(c)) is amended by striking "suffered by 6 him" and inserting "suffered by such employee: Provided 7 further, That if the Board finds that an employer has dis- 8 criminated against an employee in violation of paragraph 9 (3) or (4) of section 8(a) or has committed a violation 10 of section 8(a) that results in the discharge of an employee 11 or other serious economic harm to an employee, the Board 12 shall award the employee back pay without any reduction 13 (including any reduction based on the employee's interim 14 earnings or failure to earn interim earnings), front pay 15 (when appropriate), consequential damages, and an addi- 16 tional amount as liquidated damages equal to two times 17 the amount of damages awarded: Provided further, no re- 18 lief under this subsection shall be denied on the basis that 19 the employee is, or was during the time of relevant em- 20 ployment or during the back pay period, an unauthorized 21 alien as defined in section 274A(h)(3) of the Iimnigration 22 and Nationality Act (8 U.S.C. 1324a(h)(3)) or any other 23 provision of Federal law relating to the unlawful employ- 24 went of aliens". HR 842 RFS 212 of 278 22 1 SEC. 107. ENFORCING COMPLIANCE WITH ORDERS OF THE 2 BOARD. 3 (a) IN GENERAL. —Section 10 of the National Labor 4 Relations Act (29 U.S.C. 160) is further amended- 5 (1) by striking subsection (e); 6 (2) by redesignating subsection (d) as sub- 7 section (e); 8 (3) by inserting after subsection (c) the fol- 9 lowing: 10 "(d)(1) Each order of the Board shall take effect 11 upon issuance of such order, unless otherwise directed by 12 the Board, and shall remain in effect unless modified by 13 the Board or unless a court of competent jurisdiction 14 issues a superseding order. 15 "(2) Any person who fails or neglects to obey an 16 order of the Board shall forfeit and pay to the Board a 17 civil penalty of not more than $10,000 for each violation, 18 which shall accrue to the United States and may be recov- 19 ered in a civil action brought by the Board to the district 20 court of the United States in which the unfair labor prac- 21 tice or other subject of the order occurred, or in which 22 such person or entity resides or transacts business. No ac- 23 tion by the Board under this paragraph may be made until 24 30 days following the issuance of an order. Each separate 25 violation of such an order shall be a separate offense, ex- 26 cept that, in the case of a violation in which a person fails HR 842 RFS 213 of 278 23 1 to obey or neglects to obey a final order of the Board, 2 each day such failure or neglect continues shall be deemed 3 a separate offense. 4 "(3) If, after having provided a person or entity with 5 notice and an opportunity to be heard regarding a civil 6 action under subparagraph (2) for the enforcement of an 7 order, the court determines that the order was regularly 8 made and duly served, and that the person or entity is 9 in disobedience of the same, the court shall enforce obedi- 10 ence to such order by an injunction or other proper proc- 11 ess, mandatory or otherwise, to- 12 "(A) restrain such person or entity or the offi- 13 cers, agents, or representatives of such person or en- 14 tity, from further disobedience to such order; or 15 "(B) enjoin such person or entity, officers, 16 agents, or representatives to obedience to the 17 same."; 18 (4) in subsection (f)- 19 (A) by striking "proceed in the same man- 20 ner as in the case of an application by the 21 Board under subsection (e) of this section," and 22 inserting "proceed as provided under paragraph 23 (2) of this subsection"; 24 (B) by striking "Any" and inserting the 25 following: HR 842 RFS 214 of 278 24 1 "(1) Within 30 days of the issuance of an 2 order, any"; and 3 (C) by adding at the end the following: 4 "(2) No objection that has not been urged before the 5 Board, its member, agent, or agency shall be considered 6 by a court, unless the failure or neglect to urge such objec- 7 tion shall be excused because of extraordinary cir- 8 cumstances. The findings of the Board with respect to 9 questions of fact if supported by substantial evidence on 10 the record considered as a whole shall be conclusive. If 11 either party shall apply to the court for leave to adduce 12 additional evidence and shall show to the satisfaction of 13 the court that such additional evidence is material and 14 that there were reasonable grounds for the failure to ad- 15 duce such evidence in the hearing before the Board, its 16 member, agent, or agency, the court may order such addi- 17 tional evidence to be taken before the Board, its member, 18 agent, or agency, and to be made a part of the record. 19 The Board may modify its findings as to the facts, or 20 make new findings, by reason of additional evidence so 21 taken and filed, and it shall file such modified or new find- 22 ings, which findings with respect to questions of fact if 23 supported by substantial evidence on the record considered 24 as a whole shall be conclusive, and shall file its rec- 25 ommendations, if any, for the modification or setting aside HR 842 RFS 215 of 278 25 1 of its original order. Upon the filing of the record with 2 it the jurisdiction of the court shall be exclusive and its 3 judgment and decree shall be final, except that the same 4 shall be subject to review by the appropriate United States 5 court of appeals if application was made to the district 6 court, and by the Supreme Court of the United States 7 upon writ of certiorari or certification as provided in sec- 8 tion 1254 of title 28, United States Code."; and 9 (5) in subsection (g), by striking "subsection 10 (e) or (f) of this section" and inserting "subsection 11 (d) or (f)". 12 (b) CONFORMING AMENDMENT. —Section 18 of the 13 National Labor Relations Act (29 U.S.C. 168) is amended 14 by striking " section 10(e) or (f)" and inserting "sub- 15 section (d) or (f) of section 10". 16 SEC. 108. INJUNCTIONS AGAINST UNFAIR LABOR PRAC- 17 TICES INVOLVING DISCHARGE OR OTHER SE- 18 RIOUS ECONOMIC HARM. 19 Section 10 of the National Labor Relations Act (29 20 U.S.C. 160) is amended- 21 (1) in subsection (j )- 22 (A) by striking "The Board" and inserting 23 "(1) The Board"; and 24 (B) by adding at the end the following: HR 842 RFS 216 of 278 26 1 "(2) Notwithstanding subsection (m), whenever it is 2 charged that an employer has engaged in an unfair labor 3 practice within the meaning of paragraph (1), (3) or (4) 4 of section 8(a) that significantly interferes with, restrains, 5 or coerces employees in the exercise of the rights guaran- 6 teed under section 7, or involves discharge or other serious 7 economic harm to an employee, the preliminary investiga- 8 tion of such charge shall be made forthwith and given pri- 9 ority over all other cases except cases of like character 10 in the office where it is filed or to which it is referred. 11 If, after such investigation, the officer or regional attorney 12 to whom the matter may be referred has reasonable cause 13 to believe such charge is true and that a complaint should 14 issue, such officer or attorney shall bring a petition for 15 appropriate temporary relief or restraining order as set 16 forth in paragraph (1) . The district court shall grant the 17 relief requested unless the court concludes that there is 18 no reasonable likelihood that the Board will succeed on 19 the merits of the Board's claim."; and 20 (2) by repealing subsections (k) and (1). 21 SEC. 109. PENALTIES. 22 (a) IN GENERAL. —Section 12 of the National Labor 23 Relations Act (29 U.S.C. 162) is amended- 24 (1) by striking "SEC. 12. Any person" and in- 25 serting the following: HR 842 RFS 217 of 278 27 1 "SEC. 12. PENALTIES. 2 "(a) VIOLATIONS FOR INTERFERENCE WITH 3 BOARD. Any person"; and 4 (2) by adding at the end the following: 5 "(b) VIOLATIONS FOR POSTING REQUIREMENTS AND 6 VOTER LIST. —If the Board, or any agent or agency des- 7 ignated by the Board for such purposes, determines that 8 an employer has violated section 8(h) or regulations issued 9 thereunder, the Board shall- 10 "(1) state the findings of fact supporting such 11 determination; 12 "(2) issue and cause to be served on such em- 13 ployer an order requiring that such employer comply 14 with section 8(h) or regulations issued thereunder; 15 and 16 "(3) impose a civil penalty in an amount deter- 17 mined appropriate by the Board, except that in no 18 case shall the amount of such penalty exceed $500 19 for each such violation. 20 "(c) CIVIL PENALTIES FOR VIOLATIONS.- 21 "(1) IN GENERAL. Any employer who commits 22 an unfair labor practice within the meaning of sec- 23 tion 8(a) shall, in addition to any remedy ordered by 24 the Board, be subject to a civil penalty in an amount 25 not to exceed $50,000 for each violation, except 26 that, with respect to an unfair labor practice within HR 842 RFS 218 of 278 28 1 the meaning of paragraph (3) or (4) of section 8(a) 2 or a violation of section 8(a) that results in the dis- 3 charge of an employee or other serious economic 4 harm to an employee, the Board shall double the 5 amount of such penalty, to an amount not to exceed 6 $100,000, in any case where the employer has with- 7 in the preceding 5 years committed another such 8 violation. 9 "(2) CONSIDERATIONS. —In determining the 10 amount of any civil penalty under this subsection, 11 the Board shall consider- 12 "(A) the gravity of the unfair labor prac- 13 tice; 14 "(B) the impact of the unfair labor prac- 15 tice on the charging party, on other persons 16 seeking to exercise rights guaranteed by this 17 Act, and on the public interest; and 18 "(C) the gross income of the employer. 19 "(3) DIRECTOR AND OFFICER LIABILITY. —If 20 the Board determines, based on the particular facts 21 and circumstances presented, that a director or offi- 22 cer's personal liability is warranted, a civil penalty 23 for a violation described in this subsection may also 24 be assessed against any director or officer of the em- 25 ployer who directed or committed the violation, had HR 842 RFS 219 of 278 29 1 established a policy that led to such a violation, or 2 had actual or constructive knowledge of and the au- 3 thority to prevent the violation and failed to prevent 4 the violation. 5 "(d) RIGHT TO CIVIL ACTION.- 6 "(1) IN GENERAL. Any person who is injured 7 by reason of a violation of paragraph (1), (3), or (4) 8 of section 8(a) may, after 60 days following the fil- 9 ing of a charge with the Board alleging an unfair 10 labor practice, bring a civil action in the appropriate 11 district court of the United States against the em- 12 ployer within 90 days after the expiration of the 60- 13 day period or the date the Board notifies the person 14 that no complaint shall issue, whichever occurs ear- 15 lier, provided that the Board has not filed a petition 16 under section 10 (j) of this Act prior to the expira- 17 tion of the 60-day period. No relief under this sub- 18 section shall be denied on the basis that the em- 19 ployee is, or was during the time of relevant employ- 20 ment or during the back pay period, an unauthor- 21 ized alien as defined in section 274A(h)(3) of the 22 Immigration and Nationality Act (8 U.S.C. 23 1324a(h)(3)) or any other provision of Federal law 24 relating to the unlawful employment of aliens. HR 842 RFS 220 of 278 30 1 "(2) AVAILABLE RELIEF. —Relief granted in an 2 action under paragraph (1) may include- 3 "(A) back pay without any reduction, in- 4 eluding any reduction based on the employee's 5 interim earnings or failure to earn interim earn- 6 ings; 7 "(B) front pay (when appropriate); 8 "(C) consequential damages; 9 "(D) an additional amount as liquidated 10 damages equal to two times the cumulative 11 amount of damages awarded under subpara- 12 graphs (A) through (C); 13 "(E) in appropriate cases, punitive dam- 14 ages in accordance with paragraph (4); and 15 "(F) any other relief authorized by section 16 706(g) of the Civil Rights Act of 1964 (42 17 U.S.C. 2000e-5(g)) or by section 1977A(b) of 18 the Revised Statutes (42 U.S.C. 1981a(b)). 19 "(3) ATTORNEY'S FEES. —In any civil action 20 under this subsection, the court may allow the pre- 21 vailing party a reasonable attorney's fee (including 22 expert fees) and other reasonable costs associated 23 with maintaining the action. HR 842 RFS 221 of 278 11 12 13 14 15 16 17 18 19 20 U.S.C. 163) is 21 31 1 "(4) PUNITIVE DAMAGES. —In awarding puni- 2 tive damages under paragraph (2)(E), the court 3 shall consider- 4 "(A) the gravity of the unfair labor prac- 5 tice; 6 "(B) the impact of the unfair labor prac- 7 tice on the charging party, on other persons 8 seeking to exercise rights guaranteed by this 9 Act, and on the public interest; and 10 "(C) the gross income of the employer.". (b) CONFORMING AMENDMENTS. —Section 10(b) of the National Labor Relations Act (29 U.S.C. 160(b)) is amended— (1) by striking "180 days"; and (2) by striking "the "six months" and inserting six-month period" serting "the 180-day period". SEC. 110. LIMITATIONS ON THE RIGHT TO STRIKE. and in - Section 13 of the National Labor Relations Act (29 amended by striking the period at the end and inserting the following: ": Provided, That the dura- 22 tion, scope, frequency, or intermittence of any strike or 23 strikes shall not render such strike or strikes unprotected 24 or prohibited.". HR 842 RFS 222 of 278 32 1 SEC. 111. FAIR SHARE AGREEMENTS PERNIITTED. 2 Section 14(b) of the National Labor Relations Act 3 (29 U.S.C. 164(b)) is amended by striking the period at 4 the end and inserting the following: ": Provided, That col- 5 lective bargaining agreements providing that all employees 6 in a bargaining unit shall contribute fees to a labor organi- 7 zation for the cost of representation, collective bargaining, 8 contract enforcement, and related expenditures as a condi- 9 tion of employment shall be valid and enforceable notwith- 10 standing any State or Territorial law.". 11 TITLE II -AMENDMENTS TO THE 12 LABOR MANAGEMENT RELA- 13 TIONS ACT, 1947 AND THE 14 LABOR-MANAGEMENT RE- 15 PORTING AND DISCLOSURE 16 ACT OF 1959 17 SEC. 201. CONFORMING AMENDMENTS TO THE LABOR MAN- 18 AGEMENT RELATIONS ACT, 1947. 19 The Labor Management Relations Act, 1947 is 20 amended- 21 (1) in section 213(a) (29 U.S.C. 183(a)), by 22 striking "clause (A) of the last sentence of section 23 8(d) (which is required by clause (3) of such section 24 8(d)), or within 10 days after the notice under 25 clause (B)" and inserting "section 8(d)(2)(A) of the 26 National Labor Relations Act (which is required by HR 842 RFS 223 of 278 33 1 section 8(d)(1)(C) of such Act), or within 10 days 2 after the notice under section 8 (d) (2) (B) of such 3 Act"; and 4 (2) by repealing section 303 (29 U.S.C. 187). 5 SEC. 202. AMENDMENTS TO THE LABOR-MANAGEMENT RE- 6 PORTING AND DISCLOSURE ACT OF 1959. 7 (a) IN GENERAL. —Section 203(c) of the Labor-Man- 8 agement Reporting and Disclosure Act of 1959 (29 U.S.C. 9 433(c)) is amended by striking the period at the end and 10 inserting the following ": Provided, That this subsection 11 shall not exempt from the requirements of this section any 12 arrangement or part of an arrangement in which a party 13 agrees, for an object described in subsection (b) (1), to plan 14 or conduct employee meetings; train supervisors or em- 15 ployer representatives to conduct meetings; coordinate or 16 direct activities of supervisors or employer representatives; 17 establish or facilitate employee committees; identify em- 18 ployees for disciplinary action, reward, or other targeting; 19 or draft or revise employer personnel policies, speeches, 20 presentations, or other written, recorded, or electronic 21 communications to be delivered or disseminated to employ- 22 ees.". 23 (b) WHISTLEBLOWER PROTECTIONS. —The Labor- 24 Management Reporting and Disclosure Act of 1959 (29 25 U.S.C. 401 et seq.) is further amended— HR 842 RFS 224 of 278 34 1 (1) by redesignating section 611 (29 U.S.C. 2 531) as section 612; and 3 (2) by inserting after section 610 (29 U.S.C. 4 530), the following new section: 5 "WHISTLEBLOWER PROTECTIONS 6 "SEc. 611. 7 "(a) IN GENERAL. —No employer or labor organiza- 8 tion shall terminate or in any other way discriminate 9 against, or cause to be terminated or discriminated 10 against, any applicant, covered employee, or former cov- 11 ered employee, of the employer or the labor organization 12 by reason of the fact that such applicant, covered em- 13 ployee, or former covered employee does, or the employer 14 or labor organization perceives the employee to do, any 15 of the following: 16 "(1) Provide, cause to be provided, or is about 17 to provide or cause to be provided, information to 18 the labor organization, the employer, the Depart- 19 ment of Labor, or any other State, local, or Federal 20 Government authority or law enforcement agency re- 21 lating to any violation of, or any act or omission 22 that such employee reasonably believes to be a viola- 23 tion of, any provision of this Act. 24 "(2) Testify or plan to testify or otherwise par- 25 ticipate in any proceeding resulting from the admin- 26 istration or enforcement of any provision of this Act. HR 842 RFS 225 of 278 35 1 "(3) File, institute, or cause to be filed or insti- 2 tuted, any proceeding under this Act. 3 "(4) Assist in any activity described in para- 4 graphs (1) through (3) . 5 "(5) Object to, or refuse to participate in, any 6 activity, policy, practice, or assigned task that such 7 covered employee reasonably believes to be in viola- 8 tion of any provision of this Act. 9 "(b) DEFINITION OF COVERED EMPLOYEE. —For the 10 purposes of this section, the term `covered employee' 11 means any employee or agent of an employer or labor or- 12 ganization, including any person with management re- 13 sponsibilities on behalf of the employer or labor organiza- 14 tion. 15 "(c) PROCEDURES AND TIMETABLES.- 16 "(1) COMPLAINT.- 17 "(A) IN GENERAL. An applicant, covered 18 employee, or former covered employee who be- 19 lieves that he or she has been terminated or in 20 any other way discriminated against by any 21 person in violation of subsection (a) may file (or 22 have any person file on his or her behalf) a 23 complaint with the Secretary of Labor alleging 24 such violation. Such a complaint must be filed 25 not later than either— HR 842 RFS 226 of 278 36 1 "(i) 180 days after the date on which 2 such alleged violation occurs; or 3 "(ii) 180 days after the date upon 4 which the employee knows or should rea- 5 sonably have known that such alleged vio- 6 lation in subsection (a) occurred. 7 "(B) ACTIONS OF SECRETARY OF 8 LABOR. —Upon receipt of such a complaint, the 9 Secretary of Labor shall notify, in writing, the 10 person named in the complaint who is alleged 11 to have committed the violation, of- 12 "(i) the filing of the complaint; 13 "(ii) the allegations contained in the 14 complaint; 15 "(iii) the substance of evidence sup- 16 porting the complaint; and 17 "(iv) opportunities that will be af- 18 forded to such person under paragraph 19 (2). 20 "(2) INVESTIGATION BY SECRETARY OF 21 LABOR.- 22 "(A) IN GENERAL. —Not later than 60 23 days after the date of receipt of a complaint 24 filed under paragraph (1), and after affording 25 the complainant and the person named in the HR 842 RFS 227 of 278 37 1 complaint who is alleged to have committed the 2 violation that is the basis for the complaint an 3 opportunity to submit to the Secretary of Labor 4 a written response to the complaint and an op- 5 portunity to meet with a representative of the 6 Secretary of Labor to present statements from 7 witnesses, the Secretary of Labor shall- 8 "(i) initiate an investigation and de- 9 termine whether there is reasonable cause 10 to believe that the complaint has merit; 11 and 12 "(ii) notify the complainant and the 13 person alleged to have committed the viola- 14 tion of subsection (a), in writing, of such 15 determination. 16 "(B) GROUNDS FOR DETERMINATION OF 17 COMPLAINTS. —The Secretary of Labor shall 18 dismiss a complaint filed under this subsection, 19 and shall not conduct an investigation otherwise 20 required under paragraph (2), unless the com- 21 plainant makes a prima facie showing that any 22 behavior described in paragraphs (1) through 23 (5) of subsection (a) was a contributing factor 24 in the unfavorable personnel action alleged in 25 the complaint. HR 842 RFS 228 of 278 38 1 "(3) BURDENS OF PROOF.- 2 "(A) CRITERIA FOR DETERMINATION. —In 3 making a determination or adjudicating a corn- 4 plaint pursuant to this subsection, the Sec- 5 retary, an administrative law judge or a court 6 may determine that a violation of subsection (a) 7 has occurred only if the complainant dem- 8 onstrates that any conduct described in sub- 9 section (a) with respect to the complainant was 10 a contributing factor in the adverse action al- 11 leged in the complaint. 12 "(B) PROHIBITION. —Notwithstanding sub- 13 paragraph (A), a decision or order that is favor- 14 able to the complainant shall not be issued in 15 any administrative or judicial action pursuant 16 to this subsection if the respondent dem- 17 onstrates by clear and convincing evidence that 18 the respondent would have taken the same ad- 19 verse action in the absence of such conduct. 20 "(C) NOTICE OF RELIEF AVAILABLE. —If 21 the Secretary of Labor concludes that there is 22 reasonable cause to believe that a violation of 23 subsection (a) has occurred, the Secretary of 24 Labor shall, together with the notice under 25 paragraph (2)(A)(ii), issue a preliminary order HR 842 RFS 229 of 278 39 1 providing the relief prescribed by paragraph 2 (4)(B). 3 "(D) REQUEST FOR HEARING. —Not later 4 than 30 days after the date of receipt of notifi- 5 cation of a determination of the Secretary of 6 Labor under this paragraph, either the person 7 alleged to have committed the violation or the 8 complainant may file objections to the findings 9 or preliminary order, or both, and request a 10 hearing on the record. The filing of such objec- 11 tions shall not operate to stay any reinstate- 12 ment remedy contained in the preliminary 13 order. Any such hearing shall be conducted ex- 14 peditiously, and if a hearing is not requested in 15 such 30-day period, the preliminary order shall 16 be deemed a final order that is not subject to 17 judicial review. 18 "(E) PROCEDURES.- 19 "(i) IN GENERAL. —A hearing re- 20 quested under this paragraph shall be con- 21 ducted expeditiously and in accordance 22 with rules established by the Secretary for 23 hearings conducted by administrative law 24 judges. HR 842 RFS 230 of 278 40 1 "(ii) SUBPOENAS; PRODUCTION OF 2 EVIDENCE.— In conducting any such hear- 3 ing, the administrative law judge may issue 4 subpoenas. The respondent or complainant 5 may request the issuance of subpoenas 6 that require the deposition of, or the at- 7 tendance and testimony of, witnesses and 8 the production of any evidence (including 9 any books, papers, documents, or record- 10 ings) relating to the matter under consid- 11 eration. 12 "(4) ISSUANCE OF FINAL ORDERS; REVIEW 13 PROCEDURES.- 14 "(A) TIMING. —Not later than 120 days 15 after the date of conclusion of any hearing 16 under paragraph (2), the Secretary of Labor 17 shall issue a final order providing the relief pre- 18 scribed by this paragraph or denying the com- 19 plaint. At any time before issuance of a final 20 order, a proceeding under this subsection may 21 be terminated on the basis of a settlement 22 agreement entered into by the Secretary of 23 Labor, the complainant, and the person alleged 24 to have committed the violation. 25 "(B) AVAILABLE RELIEF.— HR 842 RFS 231 of 278 41 1 "(i) ORDER OF SECRETARY OF 2 LABOR. —If, in response to a complaint 3 filed under paragraph (1), the Secretary of 4 Labor determines that a violation of sub- 5 section (a) has occurred, the Secretary of 6 Labor shall order the person who com- 7 mitted such violation- 8 "(I) to take affirmative action to 9 abate the violation; 10 "(II) to reinstate the complain- 11 ant to his or her former position, to- 12 gether with compensation (including 13 back pay with interest) and restore 14 the terms, conditions, and privileges 15 associated with his or her employ- 16 ment; 17 "(III) to provide compensatory 18 damages to the complainant; and 19 "(IV) expungement of all warn- 20 ings, reprimands, or derogatory ref- 21 erences that have been placed in 22 paper or electronic records or data- 23 bases of any type relating to the ac- 24 tions by the complainant that gave 25 rise to the unfavorable personnel ac- HR 842 RFS 232 of 278 42 1 tion, and, at the complainant's direc- 2 tion, transmission of a copy of the de- 3 vision on the complaint to any person 4 whom the complainant reasonably be- 5 lieves may have received such unfavor- 6 able information. 7 "(ii) COSTS AND EXPENSES. —If an 8 order is issued under clause (i), the Sec- 9 retary of Labor, at the request of the com- 10 plainant, shall assess against the person 11 against whom the order is issued, a sum 12 equal to the aggregate amount of all costs 13 and expenses (including attorney fees and 14 expert witness fees) reasonably incurred, 15 as determined by the Secretary of Labor, 16 by the complainant for, or in connection 17 with, the bringing of the complaint upon 18 which the order was issued. 19 "(C) FRIVOLOUS CLAIMS. —If the Sec- 20 retary of Labor finds that a complaint under 21 paragraph (1) is frivolous or has been brought 22 in bad faith, the Secretary of Labor may award 23 to the prevailing employer or labor organization 24 a reasonable attorney fee, not exceeding $1,000, 25 to be paid by the complainant. HR 842 RFS 233 of 278 43 1 "(D) DE NOVO REVIEW.- 2 "(i) FAILURE OF THE SECRETARY TO 3 ACT. -If the Secretary of Labor has not 4 issued a final order within 270 days after 5 the date of filing of a complaint under this 6 subsection, or within 90 days after the 7 date of receipt of a written determination, 8 the complainant may bring an action at 9 law or equity for de novo review in the ap- 10 propriate district court of the United 11 States having jurisdiction, which shall have 12 jurisdiction over such an action without re- 13 gard to the amount in controversy, and 14 which action shall, at the request of either 15 party to such action, be tried by the court 16 with a jury. 17 "(ii) PROCEDURES. —A proceeding 18 under clause (i) shall be governed by the 19 same legal burdens of proof specified in 20 paragraph (3) . The court shall have juris- 21 diction to grant all relief necessary to 22 make the employee whole, including injunc- 23 tive relief and compensatory damages, in- 24 cluding— HR 842 RFS 234 of 278 44 1 "(I) reinstatement with the same 2 seniority status that the employee 3 would have had, but for the discharge 4 or discrimination; 5 "(II) the amount of back pay, 6 with interest; 7 "(III) compensation for any spe- 8 cial damages sustained as a result of 9 the discharge or discrimination, in- 10 eluding litigation costs, expert witness 11 fees, and reasonable attorney fees; 12 and 13 "(IV) expungement of all warn- 14 ings, reprimands, or derogatory ref- 15 erences that have been placed in 16 paper or electronic records or data- 17 bases of any type relating to the ac- 18 tions by the complainant that gave 19 rise to the unfavorable personnel ac- 20 tion, and, at the complainant's direc- 21 tion, transmission of a copy of the de- 22 cision on the complaint to any person 23 whom the complainant reasonably be- 24 lieves may have received such unfavor- 25 able information. HR 842 RFS 235 of 278 45 1 "(E) OTHER APPEALS. —Unless the com- 2 plainant brings an action under subparagraph 3 (D), any person adversely affected or aggrieved 4 by a final order issued under subparagraph (A) 5 may file a petition for review of the order in the 6 United States Court of Appeals for the circuit 7 in which the violation with respect to which the 8 order was issued, allegedly occurred or the cir- 9 suit in which the complainant resided on the 10 date of such violation, not later than 60 days 11 after the date of the issuance of the final order 12 of the Secretary of Labor under subparagraph 13 (A) . Review shall conform to chapter 7 of title 14 5, United States Code. The commencement of 15 proceedings under this subparagraph shall not, 16 unless ordered by the court, operate as a stay 17 of the order. An order of the Secretary of 18 Labor with respect to which review could have 19 been obtained under this subparagraph shall 20 not be subject to judicial review in any criminal 21 or other civil proceeding. 22 "(5) FAILURE TO COMPLY WITH ORDER.- 23 "(A) ACTIONS BY THE SECRETARY. —If 24 any person has failed to comply with a final 25 order issued under paragraph (4), the Secretary HR 842 RFS 236 of 278 46 1 of Labor may file a civil action in the United 2 States district court for the district in which 3 the violation was found to have occurred, or in 4 the United States district court for the District 5 of Columbia, to enforce such order. In actions 6 brought under this paragraph, the district 7 courts shall have jurisdiction to grant all appro- 8 priate relief including injunctive relief, compen- 9 satory and punitive damages. 10 "(B) CIVIL ACTIONS TO COMPEL COMPLI- 11 ANCE.—A person on whose behalf an order was 12 issued under paragraph (4) may commence a 13 civil action against the person to whom such 14 order was issued to require compliance with 15 such order. The appropriate United States dis- 16 trict court shall have jurisdiction, without re- 17 gard to the amount in controversy or the citi- 18 zenship of the parties, to enforce such order. 19 "(C) AWARD OF COSTS AUTHORIZED.- 20 The court, in issuing any final order under this 21 paragraph, may award costs of litigation (in- 22 eluding reasonable attorney and expert witness 23 fees) to any party, whenever the court deter- 24 mines such award is appropriate. HR 842 RFS 237 of 278 47 1 "(D) MANDAMUS PROCEEDINGS. Any 2 nondiscretionary duty imposed by this section 3 shall be enforceable in a mandamus proceeding 4 brought under section 1361 of title 28, United 5 States Code. 6 "(d) UNENFORCEABILITY OF CERTAIN AGREE- 7 MENTS.—Notwithstanding any other provision of law, the 8 rights and remedies provided for in this section may not 9 be waived by any agreement, policy, form, or condition of 10 employment, including by any predispute arbitration 11 agreement. 12 "(e) SAVINGS. —Nothing in this subsection shall be 13 construed to diminish the rights, privileges, or remedies 14 of any employee who exercises rights under any Federal 15 or State law or common law, or under any collective bar- 16 gaining agreement.". 17 (c) Section 203 (b) of the Labor -Management Report- 18 ing and Disclosure Act of 1959 (29 U.S.C. 433(b)) is 19 amended in the matter following paragraph (2)- 20 (1) by striking the period at the end; and 21 (2) by inserting "and shall make such informa- 22 tion available to the public in a readily accessible 23 and searchable electronic format, and through a se- 24 cure software application for use on an electronic de- 25 vice.". HR 842 RFS 238 of 278 48 1 TITLE III -OTHER MATTERS 2 SEC. 301. ELECTRONIC VOTING IN UNION ELECTIONS. 3 (a) IN GENERAL.- 4 (1) ELECTRONIC VOTING SYSTEM.—Notwith- 5 standing any other provision of law, subject to the 6 provisions of this section, not later than 90 days 7 after the date of the enactment of this Act, the Na- 8 tional Labor Relations Board shall implement a sys- 9 tem and procedures to conduct representation elec- 10 tions remotely using an electronic voting system. 11 (2) PROCEDURES. —The procedures under para- 12 graph (1) shall ensure that each employee voting in 13 a representation election may choose to cast a vote 14 using either an internet voting system or a telephone 15 voting system. 16 (3) NATIONAL MEDIATION BOARD SYSTEM. —If 17 the Board does not implement a system under para- 18 graph (1) before the date that is 60 days after the 19 date of the enactment of this Act, the Board shall 20 enter into a temporary agreement to use the system 21 used by the National Mediation Board to conduct 22 representation elections for the period- 23 (A) beginning on the date that is 60 days 24 after the date of enactment of this Act; and HR 842 RFS 239 of 278 49 1 (B) ending on the date that is 90 days 2 after the date of enactment of this Act. 3 (b) REPORT.— Not later than 180 days of the enact- 4 ment of this Act, and in each subsequent report under 5 Section 3(c) of the National Labor Relations Act, as 6 amended, the Board shall submit to Congress a report 7 containing a description of the following: 8 (1) For each representation petition under sec- 9 tion 9 of the National Labor Relations Act filed- 10 (A) the case name and case number; 11 (B) the number of days between the peti- 12 tion and the election; 13 (C) the number of days between the stipu- 14 lation or direction of election and the election; 15 (D) the method of the election; 16 (E) the results of the election; and 17 (F) the number of eligible voters, the num- 18 ber of voters participating in the election, and 19 the method by which each of the voters sub- 20 mitted their vote. 21 (2) The total cost of conducting all elections the 22 Board conducted through the system and procedures 23 required by subsection (a). 24 (c) DEFINITIONS. —In this section: HR 842 RFS 240 of 278 50 1 (1) ELECTRONIC VOTING SYSTEM. —The term 2 "electronic voting system"- 3 (A) includes an internet voting system and 4 a telephone voting system; and 5 (B) does not include machines used for 6 casting votes at a polling site or an electronic 7 tabulation system where votes are cast non-elec- 8 tropically but counted electronically (such as a 9 punch card or optical scanning system). 10 (2) INTERNET VOTING SYSTEM. —The term 11 "internet voting system" means an internet-based 12 voting system that allows a participant to cast a bal- 13 lot remotely using a personal computer or other mo- 14 bile electronic device that is connected to the inter- 15 net. 16 (3) TELEPHONE VOTING SYSTEM. —The term 17 "telephone voting system" means a voting system in 18 which participants may cast a vote remotely using a 19 telephone. 20 (4) REMOTELY. —The term "remotely", used 21 with respect to voting in a representation election, 22 means a vote may be cast at any site chosen by a 23 participant in such election. 24 (5) REPRESENTATION ELECTION. —The term 25 "representation election" means a representation HR 842 RFS 241 of 278 51 1 election under section 9 of the National Labor Rela- 2 tions Act (29 U.S.C. 159). 3 SEC. 302. GAO REPORT ON SECTORAL BARGAINING. 4 (a) IN GENERAL. —Not later than 3 years after the 5 date of enactment of this Act, the Comptroller General 6 shall conduct a review of collective bargaining at the sec- 7 toral level in a geographically diverse set of countries 8 where sectoral bargaining is facilitated and prepare and 9 submit to Congress a report with respect to such countries 10 that- 11 (1) identifies, analyzes, and compares- 12 (A) the laws and policies governing or re- 13 lated to collective bargaining at the sectoral 14 level; 15 (B) the administrative systems facilitating 16 such bargaining; and 17 (C) the procedures involved in sectoral bar- 18 gaining; 19 (2) to the extent practicable, consider reported 20 effects of the policies and procedures described in 21 paragraph (1) on- 22 (A) the wages and compensation of em- 23 ployees; 24 (B) the number of full-time and part-time 25 employees; HR 842 RFS 242 of 278 52 1 (C) prices, sales, and revenues; 2 (D) employee turnover and retention; 3 (E) hiring and training costs; 4 (F) productivity and absenteeism; and 5 (G) the development of emerging indus- 6 tries, including those that engage their 7 workforces through technology; and 8 (3) describes the methodology used to generate 9 the information in the report. 10 SEC. 303. SEVERABILITY. 11 If any provision of this Act or the application thereof 12 to any person or circumstance is held invalid, the remain- 13 der of this Act, or the application of that provision to per- 14 sons or circumstances other than those as to which it is 15 held invalid, is not affected thereby. 16 SEC. 304. AUTHORIZATION OF APPROPRIATIONS. 17 There are authorized to be appropriated such sums 18 as may be necessary to carry out the provisions of this 19 Act and the amendments made by this Act. 20 SEC. 305. RULE OF CONSTRUCTION. 21 The amendments made under this Act shall not be 22 construed to amend section 274A of the Immigration and 23 Nationality Act (8 U.S.C. 1324a). HR 842 RFS 243 of 278 53 1 SEC. 306. RULE OF CONSTRUCTION. 2 The amendments made by this Act shall not be con- 3 strued to affect the jurisdictional standards of the Na- 4 tional Labor Relations Board, including any standards 5 that measure the size of a business with respect to reve- 6 nues, that are used to determine whether an industry is 7 affecting commerce for purposes of determining coverage 8 under the National Labor Relations Act (29 U.S.C. 151 9 et seq.). 10 SEC. 307. RULE OF CONSTRUCTION. 11 Nothing in this Act or the amendments made by this 12 Act shall be construed to affect the privacy of employees 13 with respect to voter lists provided to labor organizations 14 by employers pursuant to elections directed by the Board. 15 SEC. 308. RULE OF CONSTRUCTION. 16 The amendments made under this Act shall not be 17 construed to affect the definitions of "employer" or "em- 18 ployee" under the laws of any State that govern the wages, 19 work hours, workers' compensation, or unemployment in- 20 surance of employees. 21 SEC. 309. GAO REPORT. 22 (a) IN GENERAL. —The Comptroller General, through 23 the Government Accountability Office, shall one year after 24 the date of enactment of this Act commence a study on 25 the impact of Section 101(a) and Section 101(b) of this 26 Act regarding— HR 842 RFS 244 of 278 54 1 (1) the effect on coverage of employees under of 2 the National Labor Relations Act, and the impact 3 from such change in coverage, on their capacity in 4 various sectors to form unions and collectively bar- 5 gain as a means to improve wages, benefits, work- 6 place safety, and other working conditions; and 7 (2) the effect on employers and other enter- 8 prises regarding the right of employees to organize 9 and collectively bargain over wages, benefits, work- 10 place safety, and other working conditions in such 11 sectors. 12 (b) FACTORS. —Such study shall identify, compare, 13 and analyze impacts from changes implicated by Section 14 101(a) and Section 101(b) on- 15 (1) flexibility for employees with respect to 16 hours, shifts, assignments and working arrange- 17 ments; 18 (2) rates of compensation, health care, and em- 19 ployee benefits; 20 (3) resolution of grievances and disputes, in- 21 eluding employers' ability to terminate and employ- 22 ees' right to due process; 23 (4) use of technology or algorithms, including 24 the adoption of new technology and algorithms; and 25 (5) workplace safety and health. HR 842 RFS 245 of 278 55 1 (c) STAKEHOLDER INPUT. —In preparing the report, 2 the Government Accountability Office shall gather infor- 3 mation from impacted stakeholders, including various 4 business enterprises and labor organizations. In devel- 5 oping a list of stakeholders, the Government Account- 6 ability Office shall consult with the House Committee on 7 Education and Labor and the Senate Committee on 8 Health, Education, Labor and Pensions. 9 (d) CONGRESSIONAL REPORT. —Six months after the 10 commencement of the study, the Government Account- 11 ability Office shall transmit its findings and report to the 12 Committee on Education and Labor of the House of Rep- 13 resentatives and the Committee on Health, Education, 14 Labor and Pensions of the Senate, and consistent with 15 its policies, make its findings and report available to the 16 public. 17 (e) PRESIDENTIAL CONSIDERATION. —The President, 18 in consultation with the Department of Labor and other 19 agencies as the President deems appropriate, shall, subse- 20 quent to the issuance of such report, consider such find- 21 ings, and within 60 days may recommend that the House 22 of Representatives and the Senate modify section 101(a) 23 or section 101(b), or both or make no recommendations. 24 (f) SENSE OF THE HOUSE OF REPRESENTATIVES.- 25 It is the sense of the House of Representatives that the HR 842 RFS 246 of 278 56 1 House of Representatives shall consider whether to accept, 2 reject, or modify any recommendations received under (e), 3 as it deems appropriate. Passed the House of Representatives March 9, 2021. Attest: CHERYL L. JOHNSON, Clerk. HR 842 RFS 247 of 278 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Legislative and Judicial Platform POLICY #301 ADOPTED: February 24, 1991 AMENDED: December 10, 2013 Purpose To establish guidelines which allow staff to respond to proposed legislation and pending litigation quickly and effectively and to serve as broad statement of City policy on a variety of public issues. Policy The City Council shall adopt a legislative and judicial platform and annual legislative priorities, developed by staff as policy parameters in order to respond to proposed legislation and pending litigation quickly. The direction provided in the legislative and judicial platform will encompass principles fundamental to the needs of the City. 'This platform shall be updated and revised by the Council as necessary. In addition, the Council shall adopt legislative priorities annually. These Council endorsed legislative priorities may address specific and pending regional, state, and federal policy issues for the City of National City. Generally, the legislative priorities document shall include only those items of a direct and substantial impact on municipal operations. The City will work with local legislators, as appropriate, in advancing the City's adopted legislative platform. The City of National City legislative platform and priorities formally establishes the City's position on pending legislative matters. With this policy guidance, the City Manager's Office shall advocate for and against legislative matters as appropriate without waiting for Council approval. The method of communication and level of engagement will be determined by the City Manager's Office based on the Council priorities, legislative climate, and urgency of the legislative proposal. The City Council will be provided with legislative updates and copies of correspondence sent on behalf of the City. Similarly, the platform and priorities allow the staff to provide input into the judicial system, such as by adding the City's name to amicus curiae briefs, by corresponding with appellate courts, or by supporting efforts of the League of California Cities' Legal Advocacy Committee, without waiting for Council approval. Written correspondence to the appellate courts or requests to participate in amicus curiae briefs will be signed by the City Attorney or designee, with a copy to the City Council. Council approval is required on those issues which do not fall within the parameters of the legislative and judicial platform or legislative priorities, unless scheduling and approval is not possible due to the emergency nature of the legislation or litigation or to Page 1 of 8 248 of 278 TITLE: Legislative and Judicial Platform ADOPTED: February 24,1991 POLICY #301 AMENDED: December 10, 2013 the necessity of City action which prevents such scheduling in a timely manner. In such cases, the City Manager shall determine the appropriate course of action as to legislative matters, after considering the recommendation of the Department Director; and the City Attorney shall make such determinations on litigation issues. Timeline The Council shall periodically update the legislative and judicial platform as needed. The Council shall annually adopt legislative priorities. On or before November 15th, the City Manager shall submit legislative policy recommendations to the Council for review. On or before the final City Council Meeting in December, the City Council shall formally adopt the annual Legislative Priorities. On or before April 1st, the City Manager's office shall compile items to be submitted for inclusion in the state and/or federal budget. On or before June 1st, the City Council shall formally adopt the budget items for inclusion on behalf of National City. The priorities and timelines may be amended by the City Council from time to time when action on a matter appears to be of sufficient urgency that it would not be in the city's best interest to wait until the next legislative year. Related Policy References Legislative and Judicial Platform Memo attached as part of this policy Prior Policy Amendments November 18, 2008 Page 2 of 8 249 of 278 aT Orr oaf 2009 CITY OF NATIONAL CITY LEGISLATIVE AND JUDICIAL PLATFORM AND CORE PRIORITIES The National City Council urges the Legislature to: • Preserve and enhance the City's ability to deliver quality and cost-effective services to National City's residents and visitors. • Preserve and enhance the City Council's ability to serve National City residents by retaining local decision making authority and maintaining state legislative and voter commitments for revenue resources. LEGISLATIVE PLATFORM MUNICIPAL CORE LEGISLATIVE PRIORITIES The following eight core legislative priorities highlight issues that could significantly affect National City and legislative advocacy efforts which will be focused in these priority areas. I. HOME RULE I FISCAL SUSTAINABILITY Home Rule and Local Control The City believes strongly in the principles of home rule authority and local control and its ability to increase the effectiveness and efficiency of local government services. The City encourages the Legislature to respect and support home rule and opposes legislation that attempts to weaken municipal home rule authority and flexibility. Fiscal Sustainabilitv The City supports the retention of local taxing authority, the maintenance of fiscally balanced revenue sources, and measures that would provide fiscal independence to cities. Page 3 of 8 250 of 278 The City supports the full disbursement levels of existing revenue streams and directed funding sources including sales tax, property tax, transient occupancy tax (TOT) and vehicle in -lieu fees. The City opposes diversions and reallocations of these funds by the Legislature in a manner that would negatively affect local government. The City opposes unfunded mandates placed on local jurisdictions, and encourages the legislature to evaluate the fiscal impact such mandates will have on communities prior to considering the issue. II. INFRASTRUCTURE The City supports the retention of infrastructure funding and bonding for street projects, housing and infill infrastructure projects and parks. The city recognizes that funding for these key project areas will help to spur economic activity in National City. The City supports efforts to provide more flexibility in raising revenue for necessary infrastructure projects. The City supports federal and state economic stimulus initiatives that provide the necessary resources and funds to invest in necessary infrastructure projects to improve the transfer of goods and services throughout the region, create jobs and encourage economic development. III. TRANSPORTATION The City believes the movement of goods and people is vital to continued economic success and to the maintenance of a high quality of life. In order to preserve these, the City encourages the Legislature to invest in the maintenance and expansion of the State's multi -modal transportation network. The City supports regional coordination in transportation planning but opposes efforts that limit local control in the transportation decision -making process. The City supports measures to finance local and regional multi -modal transportation improvements and to enhance transportation funding equity. The City opposes proposals that would adversely affect the quality of National City and its surrounding area. Furthermore, the council supports efforts that grant cities and towns the additional ability to provide for transportation improvements. Page4of8 251 of 278 IV. PORT RELATED LEGISLATION The City and the Port of San Diego have attempted to work cooperatively to address the disparity that has long existed between the regional benefits of the Port and the unique local impacts of the Port on the City and its residents. The City is committed to pursuing public policy that would achieve the balance necessary between the Port, the Working Waterfront and National City consistent with the following six principles agreed upon by the parties: 1. Protection of Maritime Uses 2. Enhancement of the Working Waterfront 3. Environmental Compliance 4. Public and/or Visitor Serving Amenities 5. Financial Benefits to the Port and National City 6. Public Participation within National City Generally, the City is supportive of any legislative measures that are consistent with the policies and intent of one or more of the foregoing principles. Further, the City Council supports efforts that grant Port communities the ability to fully address the economic and environmental impacts directly and indirectly attributed to the Port. National City is also supportive of public policy that provides financial incentives to Port communities for the preservation and expansion maritime activities within its jurisdiction. V. ENERGY CONSERVATION & ENVIRONMENTAL PROTECTION The City recognizes the importance of working cooperatively with other governmental and private sector entities to implement and manage efficient, cost-effective, and sound environmental programs and services that secure clean air, water and land. The City supports appropriate legislation and regulation that promotes pollution prevention, supports energy conservation efforts and encourages green development without imposing unfunded mandates. The City opposes efforts that place a severe financial burden on municipalities. VI. LAND USE PLANNING The City supports maintaining local authority in land use planning issues and supports legislative efforts that promote more orderly growth and opposes efforts that impede growth management, including the preservation of local authority to set land use policies. The City supports efforts to assist local governments in implementing sustainable development practices. Page 5of8 252 of 278 The City opposes legislation that would restrict a municipality's ability to redevelop under -performing areas. VII. ECONOMIC DEVELOPMENT The City supports efforts to enhance the range of economic development mechanisms at a municipality's disposal that would strengthen the abilities of local agencies to prepare for, and implement growth, development, redevelopment, conservation and beautification proj ects. The City opposes any attempt to limit local control over, or ability to execute economic development projects including through the diversion of redevelopment funding. The City opposes any state or federal proposals that reduce economic investment opportunities at the local level. This includes reductions and restrictions to block grants and housing subsidies. VIII. AFFORDABLE HOUSING The City recognizes the importance of housing for all income levels as critical to the balanced and healthy growth of the city and its communities. The City supports affordable housing efforts as a key component to workforce recruitment and retention. This includes support for federal and state participation and financial support of programs to provide adequate housing for the elderly, disabled and low income persons throughout the community. LEGISLATIVE PLATFORM CONTINUED The following platform statements address additional legislative issues that may arise, and appear regularly at the federal and state levels. GOVERNMENTAL PUBLIC LIABILITY POLICY The City supports efforts to reinforce public entity design and discretionary act immunity. The City supports efforts to abolish lump -sum awards for damages and to substitute installment payments projected over the plaintiffs life span, to cease at time of death. Page 6 of 8 253 of 278 The City supports efforts to develop statutory provisions calling for the reimbursement of all public entity defense costs and expenditures incurred in the defense of frivolous and spurious claims and lawsuits. The City supports efforts to change the legal principal of "joint and several liability" to protect, ensure and otherwise provide that the City will not be a "deep pocket" liability target. The City opposes efforts to further erode governmental tort immunity. The City opposes any efforts to remove or weaken any statutory time limits as to the filing and serving of claims and lawsuits as well as any efforts to open public entities to liability for punitive or exemplary damages. The City opposes any efforts to expand situations in which public entities may be liable to pay for litigants' attorneys' fees or other litigation expenses. EMPLOYEE RELATIONS AND BENEFITS The City supports efforts that provide the City with necessary resources and authority to establish appropriate working conditions and benefits to its employees. This includes preserving and enhancing equal employment opportunities for all people seeking employment, and opposing efforts that remove the local decision making authority in employee issues. The City is supportive of efforts that result in improved public and private sector labor management relations and opposes efforts that impose state mandates. The City supports efforts to prevent abuses within the compensation system, which in turn results in increased costs to the municipality. PUBLIC SAFETY AND EMERGENCY SERVICES The City supports initiatives to preserve and enhance the ability of local governments to strategically plan for and respond to emergencies and efforts to ensure that the greatest level of public safety and emergency services are provided to the community without creating an unfunded mandate The City supports the retention of revenue streams for funding public safety employees, disaster preparedness, crime and fire prevention and suppression, emergency medical services and public safety training Page 7 of 8 254 of 278 TELECOMMUNICATIONS The City supports efforts that ensure consumer access to telecommunications services in an efficient and cost effective manner while retaining local government's authority. This includes retaining local government's ability to negotiate franchise agreements, the ability to regulate the use of public rights -of -way and collect appropriate revenues in order to maximize benefits to the consumer. Page 8 of 8 255 of 278 The following page(s) contain the backup material for Agenda Item: Consider authorizing a letter of support to the Port of San Diego in support of the Maritime Clean Air Strategy Discussion Draft. (Community Development) Please scroll down to view the backup material. 256 of 278 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 20, 2021 AGENDA ITEM NO. ITEM TITLE: Consider authorizing a letter of support to the Port of San Diego in support of the Maritime Clean Air Strategy Discussion Draft PREPARED BY: Armando Vergara DEPARTMENT: Commur y De -I•.ment PHONE: 619-336-42131 APPROVED BY: EXPLANATION: At the City Council meeting of April 6, 2021, the City Council voted to draft a letter in support of the Maritime Clean Air Strategy Discussion Draft to the Port of San Diego. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Authorize the Mayor to send a letter of support to the Port of San Diego. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Letter of Support 257 of 278 CALIFORNIA NATIONAL CIrT�Y`r `NCORPORATcD April 8, 2021 Joe Stuyvesant President/Chief Executive Officer Port of San Diego 3165 Pacific Highway San Diego, CA 92101 Dear Mr. Stuyvesant: The City of National City is pleased to support the Maritime Clean Air Strategy (MCAS) Discussion Draft. This strategy framework will allow the Port to identify projects to improve air quality and reduce greenhouse gas emissions while supporting and promoting maritime operations. The City supports the Port of San Diego's dedication to aligning and going beyond state initiatives in reducing Greenhouse Gas emissions as well as the state's AB 617 Community Air Protection Program, both of which would reduce air quality impacts for the Westside of National City, the working waterfront, and port tidelands between the 10th Avenue and National City marine terminals as well as surrounding areas. The City is committed to pursuing public policy that would achieve the balance necessary between the Port, the working waterfront and National City consistent with protection of maritime uses, enhancement of the working waterfront, environmental compliance, public and/or visitor serving amenities, financial benefits to the Port and National City and public participation within National City. For these reasons, the City of National City supports the MCAS Discussion Draft. Sincerely, Alejandro Sotelo-Solis Mayor National City cc: National City City Council Brad Raulston, City Manager 258 of 278 The following page(s) contain the backup material for Agenda Item: Urban Area Security Initiative. (Fire) Please scroll down to view the backup material. 259 of 278 Item # 04/20/21 Urban Area Security Initiative (Fire) 260 of 278 CALIFORNIA NATIONAL -CITY rn INCORPORATED Urban Area Security Initiative (UASI) Urban Area Working Group (UAWG) 1 261 of 278 San Diego Urban Area Security Unified San Diego County Emergency Services Agreement 4- Unified Disaster Council a City of San Diego Office of Homeland Security a Urban Area Working Group 4- Urban Area Security Initiative Grant Funds a Police/Fire 2 262 of 278 NpTlONAL CPUFTIAC[TY Unified San Diego County Emergency JI Services A • 5th Amendment approved on April 20, 2004. • Clarified that Joint Powers Agreement (JPA) between San Diego County and 18 incorporated Cities creates the Emergency Services Organization as an agency separate from the parties. • Purpose is to facilitate planning and preparedness activities for the Operational Area. • Policy making body of the Emergency Services Organization is the Unified Disaster Council (UDC). 3 263 of 278 CALIFORNIA NATIONAL CITY rEo Unified Disaster Council (UDC) • Policy making body of the Emergency Services Organization. • Voting membership consists of one representative from each City and the County. • City Manager, Chief of Police, Chief of Emergency Services, and Management Analyst (Fire) are listed as National City representatives. • Make decisions regarding grant funding. 4 264 of 278 C Al1PORN iA NATIONjji AL CITY Urban Area Security Initiative (UASI) • Since FY03, UASI grant funds were made available to respond to terrorism. • UASI grant funds not only support terrorism preparedness, but also support preparedness for natural disasters and other major incidents. • The FY21 funding cycle includes Cybersecurity preparedness. 5 265 of 278 CALIFORNIA NATIONAL C[Ty J iJ San Diego Urban Area • The City of San Diego is the "core city" for the San Diego Urban Area. • The Urban Area is defined as the 18 cities, county, and special districts. • The San Diego Police Department's Office of Homeland Security (OHS) manages UASI grant funds for the Urban Area. 6 266 of 278 CALIFOR NIA NATIONAL C[Ty UASI Grant Funds • Department of Homeland Security issues a Notice of Funding Opportunity (NOFO) for the Homeland Security Grant Program (HSGP). • UASI grant funds are part of the HSGP. • UASI grant funds must have a connection to terrorism preparedness. • UASI grant funds are intended to impact the entire Urban Area. 7 267 of 278 CPLIFORNIA NATIOJE- NAL CITY Urban Area WorkingGroup • Urban Areas must demonstrate how UASI grant funds are used to close gaps in terrorism preparedness. • The Urban Area Working Group (UAWG) links the UASI grant funds to gaps in terrorism preparedness. • The UAWG is a subcommittee established by the San Diego County Unified Disaster Council (UDC). • The UAWG voting membership consists of one representative from each City and the County. • The San Diego OHS conducts a meeting where the UAWG votes to allocate UASI grant funds. 8 268 of 278 CAI FORNIA NATIONAL CITY j" Award Letter, MOU, & Grant Assurances • The San Diego OHS confirms the projects to be funded based on the allocations identified by the UAWG. • An Award Letter, MOU, and Grant Assurances are sent to cities/special districts with approved projects. • National City Police & Fire get City Council approval to utilize the UASI grant funds to pay for equipment, training, planning, and exercises. • Upcoming FY20 0A5i grant fund request for approval will be on the City Council Meeting on May 4, 2021. 9 269 of 278 CALIFORNIA NAr1ONAL CJT $700,000 Past Purchases with UASI Grant Funds NCPD • Dispatch Consoles • Computers • Personal Protective Equipment • Gear Bags • Various Trainings/Conferences NCFD • GIS Software • Rescue Equipment • Thermal Imaging Cameras • Illumination Equipment • Various Trainings/Conferences 10 270 of 278 Recent Developments • UDC updated San Diego Urban Area Working Group Charter —January 14, 2021. • UDC approved San Diego Urban Area Working Group Charter — March 11, 2021. • UAWG will comply with Brown Act and Public Records Act. • UAWG approved FY21 UASI grant funds — March 25, 2021. • City Council approval request for FY20 UASI grant funding — May 4, 2021. 11 271 of 278 CALIFORNIA NATIONAL CJTy Questions/Comments? 12 272 of 278 The following page(s) contain the backup material for Agenda Item: Speeding and Racine Groups. (Police) Please scroll down to view the backup material. 273 of 278 Item # 04/20/21 Speeding and Racing Groups (Police) 274 of 278 The following page(s) contain the backup material for Agenda Item: HOPE Improvements for Federal Funding. (Engineering/Public Works) Please scroll down to view the backup material. 275 of 278 Item # 04/20/21 HOPE Improvements for Federal Funding (Engineering/Public Works) 276 of 278 The following page(s) contain the backup material for Agenda Item: City Manager Report. (City Manager) Please scroll down to view the backup material. 277 of 278 Item # 04/20/21 City Manager Report (City Manager) 278 of 278