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HomeMy WebLinkAboutDraft Agenda Packet - 06-15-2021 CC HA AgendaCALIFORNIA NATIONAL Mr IN CORPORATED ai INCORPORATED 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, JUNE 15, 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 472 indicate General Public Comment in the subject line. All email comments received by 2:00 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 2:00 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 472 Upon request, this agenda can be made available in appropriate alternative formats to persons with a disability in compliance with the Americans with Disabilities Act. Please contact the City Clerk's Office at (619) 336-4228 to request a disability -related modification or accommodation. Notification 24-hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. AVISO: La salud y el bienestar de los residentes, visitantes y empleados de National City durante el brote de COVID-19 sigue siendo nuestra maxima prioridad. El Ayuntamiento de la Ciudad de National City se esta coordinando con la Agencia de Salud y Servicios Humanos del Condado de San Diego y otras agencias para tomar medidas con el fin de monitorear y reducir la propagacion del nuevo coronavirus (COVID-19). La Organizacion Mundial de la Salud declaro el brote como una pandemia global y se han manifestado emergencias locales y estatales que resultan en la suspension de ciertas !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 pCiblicos, vea la seccion "COMENTARIOS PUBLICOS" mas adelante. ORDEN DEL DIA: Las sesiones publicas de todas las juntas ordinarias del Concejo Municipal/Comision de Desarrollo Comunitario - Autoridad de Vivienda (en lo sucesivo denominado Organo Electo) inician a las 6:00 p.m. el primer y tercer martes de cada mes. Las audiencias publicas inician a las 6:00 p.m., a menos que se indique lo contrario. Las juntas cerradas inician en sesion abierta a las 5:00 p.m. o en cualquier otro momento que se indique, y tras anunciar los temas de la sesion cerrada, la junta se realiza como sesion cerrada. Si se programa una reunion de discusion y analisis, el tema y la hora de la misma apareceran en la agenda. La Alcaldesa y los Concejales se reunen por igual que el Presidente y los integrantes del Consejo de la Comision de Desarrollo Comunitario. INFORMES: Todos los temas e informes de la agenda de la sesion abierta, asi como todos los documentos y escritos entregados al Organo Electo menos de 72 horas antes de la sesion, apareceran en el sitio web del Ayuntamiento. Las juntas ordinarias del Organo Electo se transmiten por Internet y se archivan en el sitio web del Ayuntamiento en www.nationalcityca.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 Ia 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 pCiblico general en la linea de asunto. Todos los comentarios recibidos por correo electronico antes de las 2:00 p.m. del dia de Ia 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 Ia ciudad dentro de las 48 horas posteriores a la reunion. 3 of 472 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 2:00 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 472 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 472 OPEN TO THE PUBLIC A. CITY COUNCIL CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE TO THE FLAG PUBLIC COMMENTS (THREE -MINUTE TIME LIMIT) PROCLAMATIONS AND CERTIFICATES AWARDS AND RECOGNITIONS 1. Employee of the Quarter 2021 - Corporal Javier Cornejo. (Police) PRESENTATIONS (FIVE-MINUTE TIME LIMIT) 2. Economic Development Data Dashboard. (Megan Gamwell, Economic Development Specialist II) INTERVIEWS / APPOINTMENTS 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 authorizing the Mayor to execute an agreement with AdminSure, Inc., effective August 1, 2021, for Workers' Compensation Third Party administration and claims review in the initial amount of $97,305 period of one year; and authorizing the City Manager to execute future amendments extending the term of the agreement by one year increments for up to an additional four years. (Human Resources) 5. Resolution of the City Council of the City of National City approving a Subordination Agreement with C Avenue 10PIex, LLC, a California limited 6 of 472 liability company, and Pacific Premier Bank, subordinating the Deed of Trust securing the performance of an Affordable Housing Density Bonus Agreement entered into on September 25, 2019. (Housing Authority) 6. Resolution of the City Council of the City of National City approving an Affordable Housing Density Bonus Agreement with 129 NCB, LLC, for the development of 14 units located at 129 National City Boulevard and restricting the rent and occupancy of two (2) units to very low-income households in exchange for a density bonus pursuant to California Government Code Sections 65915 - 65918. (Housing Authority) 7. Resolution of the City Council of the City of National City authorizing the Housing Authority to enter into a Memorandum of Understanding with the County of San Diego for data sharing relating to the administration of COVID- 19 emergency rental assistance programs. (Housing Authority) 8. Public Hearing and Resolution of the City Council of the City of National City adopting the First Amendment to the Permanent Local Housing Allocation (PLHA) Program Plan approved by the California Department of Housing and Community Development to incorporate outreach, case management, rapid rehousing, and other housing services for homeless individuals and families or those at risk of becoming homeless and establishing budget appropriations and the corresponding revenue budget in the amount of $393,191 for the first PLHA program year. (Housing Authority) 9. Resolution of the City Council of the City of National City approving the National City Age -Friendly Action Plan. (Housing Authority) 10. 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) 11. 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 National School District for partial funding of the School Resource Officer Program for FY 2021. The City of National City will be reimbursed $77,068 for FY 2021. (Police) 12. 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) 13. Resolution of the City Council of the City of National City approving and authorizing the Mayor to sign the Sixth Amendment to the Agreement by and between the City of National City and American Medical Response 7 of 472 Ambulance Service, Inc. to continue to provide basic and advanced life support ambulance transportation services effective July 1, 2021, for a period of two years. (Fire) 14. Resolution of the City Council of the City of National City authorizing the Mayor to execute the Second Amendment to the agreement by and between the City of National City and NHA Advisors, LLC (Finance) 15. Resolution of the City Council of the City of National City authorizing the Mayor to execute a First Amendment to the Service Agreement between the City of National City and EXOS Community Services, LLC, extending the term of the agreement to June 30, 2022, with the option to extend the Service Agreement for two additional one year terms to provide aquatic programs and services at Las Palmas Pool located at 1800 East 22nd Street. (Community Services) 16. Resolution of the City Council of the City of National City: 1) accepting the work performed by Basile Construction, Inc. for the P-1 Sewer Upsize for Sweetwater High School Project, CIP No. 19-43; 2) approving the final contract amount of $1,761,833.05; 3) ratifying the release of retention in the amount of $88,091.65; and 4) authorizing the Mayor to sign the Notice of Completion for the project. (Engineering/Public Works) 17. Resolution of the City Council of the City of National City: 1) accepting the work performed by Dick Miller Inc. for the Paradise Creek Water Quality and Community Enhancements Project, CIP No. 18-11; 2) approving the final contract amount of $1,150,018.95; 3) ratifying the release of retention in the amount of $57,500.95; and 4) authorizing the Mayor to sign the Notice of Completion for the project. (Engineering/Public Works) 18. Resolution of the City Council of the City of National City: 1) awarding a contract to Blue Pacific Engineering & Construction, Inc. in the not -to -exceed amount of $184,586.00 for the Civic Center ADA Accessibility Project, CIP No. 19-45; 2) authorizing a 15% contingency in the amount of $27,687.90 for any unforeseen changes; and 3) authorizing the Mayor to execute the contract. (Engineering/Public Works) 19. Resolution of the City Council of the City of National City authorizing the Mayor to execute a two-year Agreement with Southwest Traffic Signal Service, Inc. for a not -to -exceed amount of $1,400,000 to provide on -call and as -needed Traffic Signal and Streetlight Maintenance & Repair Services including, but not limited to, services, installations, maintenance, and repairs of the traffic signal systems, lighting systems, flashing crosswalks, battery backup systems, and related equipment and services citywide. (Engineering/Public Works) 8 of 472 20. Resolution of the City Council of the City of National City authorizing the Mayor to execute a two-year Agreement with San Diego Mechanical & Energy, Inc. for a not -to -exceed amount of $1,400,000 to provide on -call and as -needed Facilities Maintenance Support Services including, but not limited to, designs, installs and service of commercial and industrial HVAC systems and equipment, pump stations, and related equipment and services citywide. (Engineering/Public Works) 21. Resolution of the City Council of the City of National City authorizing the issuance of a special driveway permit at 614 "B" Avenue. (Engineering/Public Works) 22. Investment Report for the quarter ended March 31, 2021. (Finance) 23. Investment transactions for the month ended April 30, 2021. (Finance) PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS 24. Public Hearing and Adoption of a Resolution of the City Council of the City of National City authorizing an increase of $514,491 to the Community Development Block Grant (CDBG) Fund appropriation and corresponding revenue budget for CARES Act round three CDBG-CV activities and authorizing the submission of the Third Amendment to the 2019-2020 Action Plan that incorporates revised funded activities for the MLK Jr. Community Center into said Action Plan for acceptance by U.S. Department of Housing and Urban Development (HUD). (Housing Authority) 25. A Public Hearing and Adoption of a Resolution of the City Council of the City of National City accepting the National City 2021/2022 Tax Roll Sewer Service Fees report, which identifies by parcel number, each parcel of real property receiving sewer services and the amount of sewer charges for each parcel for FY 2021-22 as required by the California Health and Safety Code Section 5473, Et Seq., pertaining to collection of sewer charges on the tax roll, directing the City Clerk to file the report with the San Diego County Auditor, and directing the City Engineer to file a certification of the sewer service charges with the San Diego County Auditor. (Engineering/Public Works) NON CONSENT RESOLUTIONS 26. Resolution of the City Council of the City of National City approving and adopting the annual appropriations limit for fiscal year 2022 in the amount of $71,573.,263 (Finance) 27. Resolution of the City Council of the City of National City City Authorizing the transfer of funds from the General Fund Unassigned Fund Balance Reserve to the General Fund's Committed Fund Balance Components named the Economic Contingency Reserve and the Facilities Maintenance Reserve and 9 of 472 the elimination of the Debt Service Reserve and transfer of its balance to the Unassigned Fund Balance Reserve. (Finance) NEW BUSINESS 28. Temporary Use Permit — Request from Good Ranchers, LLC to conduct the Good Ranchers Food Drive at Westfield Plaza Bonita from June 16, 2021 thru July 5, 2021 with no waiver of fees. (Community Development) 29. Temporary Use Permit — Rosarito Motorcycle Run hosted by Coronado Beach Harley Davidson on September 17, 2021 from 7:30 a.m. to 12:30 p.m. at 3201 Hoover Avenue with no waiver of fees. (Community Development) 30. Temporary Use Permit — Request from Homestead Steaks, LLC to conduct the Homestead Steaks Sale at 1536 Sweetwater Road from June 16, 2021 thru July 6, 2021 with no waiver of fees. (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 31. Update on Housing Element and Housing Strategic Plan. (Housing Authority) 32. 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 - August 3, 2021 - 6:00 p.m. - Council Chambers - National City, California. 10 of 472 The following page(s) contain the backup material for Agenda Item: Employee of the Quarter 2021 - Corporal Javier Cornejo. (Police) Please scroll down to view the backup material. 11 of 472 \i// 40* CALIFORNIA NATIONAL envy PNCR ORATE CITY OF NATIONAL CITY MEMORANDUM DATE: May 25, 2021 TO: Brad Raulston, City Manager FROM: Robert J. Meteau, Jr., Human Resources Director SUBJECT: EMPLOYEE OF THE QUARTER PROGRAM The Employee Recognition Program communicates the City's appreciation for outstanding performance. In doing so, it recognizes employees who maintain high standards of personal conduct and make significant contributions to the workplace and community. The employee to be recognized for the 2nd Quarter of calendar year 2021 is: Corporal Javier Cornejo By copy of this memo, the employee is invited to attend the Council meeting on Tuesday, June 15, 2021 to be recognized for his achievement and service. Attachment cc: Javier Cornejo Chief Jose Tellez Captain Alejandro Hernandez Mayor's Confidential Assistant Human Resources — Office File 12 of 472 RECEIVED MAY 252021 CITY OF NATIONAL CITY ar- pAt.i FORNIAHUMAN RESOURCES DEPARTMENT NATIONAL j(` 1'r. XN VRpoR1 ED J Performance Recognition Award Nomination Form I nominate Corporal Javier Cornejo for the Performance Recognition Award for the following reasons: Please state reason why your nominee should receive an award, (i.e., examples of service beyond requirements of position, exemplary service to the public, outstanding job performance, etc). Do not to exceed 150 total words. Please be as specific as possible when giving your examples. IlPlease attachment. FORWARD COMPLETED NOMINATION TO: Nominated by: Signature: National City Performance Recognition Program Human Resources Department Alejandro Hernandez, Police Captain 3 26- Date: dS--Q-C-2 1 13 of 472 MEMORANDUM DATE: May 25, 2021 TO: Robert J. Mateau, HR Director FROM: Jose Tellez, Chief of Police SUBJECT: Performance Recognition Program -Corporal Javier Cornejo In October of 2020, dispatch received a 911 call of a person drowning near the dock at PASHA. Corporal Cornejo arrived and found a male in the ocean struggling to stay afloat. The male was wearing a life vest but it was not properly fitted. A PASHA employee threw a life preserver to the male, who held on as Corporal Cornejo arrived. Immediately, Corporal Cornejo jumped in the water to rescue the near drowning male. Corporal Cornejo swam to the male and kept him afloat while speaking words of encouragement to keep him focused on survival. Corporal Cornejo realized that if the male were to float under the dock, the situation would be dire. The male was in a panicked state and said, "I can't do this anymore." Corporal Cornejo remained calm and continued to provide assistance. Harbor Police Officers soon arrived on scene and helped Corporal Cornejo and the male onto the vessel where they were taken to safety. 14 of 472 The following page(s) contain the backup material for Agenda Item: Economic Development Data Dashboard. (Megan Gamwell, Economic Development Specialist II) Please scroll down to view the backup material. 15 of 472 Item # 06/15/21 Economic Development Data Dashboard Megan Gamwell Economic Development Specialist II 16 of 472 CALIF,C,RNIA ` NA\TI0NAXL.CFIP'y n•J'Y NCORPORATE Economic Development Data Dashboard June 15, 2021 1 of 9 17 of 472 `►CAUFORNIA 4 NitIO 111 L a TV `- rNCOftPORATED Agenda + Project Objectives + Data Dashboard + Community Partner Engagement + Education/Employment website 2 of 9 18 of 472 CALIFaRNIA�+- NATIONAL, Cl: li 1 `- rNCOftPORATED Short & Long Term Goals • O Improve engagement with partner organizations (nonprofits, education institutions, NGOs) Improve outreach with employers (or industry sectors) Improve outreach with residents regarding education and employment opportunities Decrease time it takes to create ad hoc reports Increase the number of NC residents enrolled in job skill training programs Increase % of NC residents who work in NC Decrease NC resident commuting time Increase the median household income ULM pot r 0 CO cD 1 3 3 of 9 19 of 472 To achieve these goals, we set out to improve the City's CALIFaRNIA NATIONAL CI Tr data collection, analysis, and communication practices `- rNCOftPORATED by.... 1 Identifying new sources for education and labor data and establishing data flows from local government agencies, community partner organizations, and private companies. Automating data collection and visualization in an internal economic recovery dashboard to reduce the time spent collecting data for annual and ad hoc city reports. Establishing more frequent routines with policy -makers, local businesses and community organizations to use data to identify and address gaps in access to opportunities. Developing a public -facing resource center to improve communications about education and employment opportunities with residents. Status We have identified 3 open data sources and 4 local data sources. We already have 40 data visualizations in the economic development dashboard. We are planning to host routine community partner roundtables. We have developed an education/employment resource center for residents. Launch date TBD 4 of 9 20 of 472 ' CALIFORNIA We are now collecting data from 5 new datasets, giving ��= NATIONAL us a more robust understanding of National City's `- rNCOftPORATED current and future economy This data will help identify and improve its decision making across multiple policy areas: 1 Demographic data from local education institutions... 5 abor force and priority job projections from the Economic Development Department of CA... Monthly local and state unemployment data economic Development Department of CA... Inflow/outflow of workers to and from National City from the Census Bureau's LEHD Data... Demographic data on National City's labor force from the Census Bureau's LEHD Data... will help us to bridge gaps in opportunities to employment or education opportunities & improve outreach with residents will help us collaborate with partners to promote career advancement and increase the median household income will enable us to identify and respond quickly to drops in employment rates will enable us to monitor the impact of our initiatives to helpus reach our goal of 10 minute neighborhoods will help us collaborate with partners to develop strategies to achieve our long term goals (goals 5-7 on slide 5 5 of 9 21 of 472 �\A11a.. We have built a dashboard to support our ongoing effort imNAL � 1s31 to monitor and identify opportunities for economic IVCOHPORATED development in National City 1 The economic development dashboard will visualize... Business activity ❖ Current employment and unemployment data ❖ Future labor force projections Demographic data from local education institutions ❖ Population and housing information 1 •^ CALIFORNIA mr NA I()NAL City 'RT....HARZ. ' Business Activity Commercial Derelopmem in Nat or :.. 1 Residential Oeveloumemm National city Employment cul City Unemployed Her., In National Oty Average Commute Time for National Li... 27 Minutes son Diego County [urrentIMomhbl un,. 6.95% Current unemployment in National Ciy 7,900 Families & Housing Menge Home Rom In National City Matlian llama Price n National City ■■■■■■I Full Value sale I5FR1 in National City Trernient Revenue a Burka in N.ionalCiy 7M smawe.ee uhuhhllll Education Secondary pans by ceMN for swe.w.er nth school 62C nett. (320 mom Count of...maw M:ygr. Schodstud_. O Graduating Sweetvucer 11/4N5AooI sweets by Race and Gender 5772 a..—oro.. 6 of 9 22 of 472 CALIFaRNIA�+- NATIONAL C1 li 1 `- rNCOftPORATED We have already engaged with 6 community partners and plan to host routine roundtable discussion to advance the city's goals We have already engaged with... ❖ The Chamber of Commerce ❖ Sweetwater High School ❖ Sweetwater Adult School ❖ Southwestern College ❖ SANDAG ❖ San Diego Workforce Partnership Outcomes of these initial engagements have included: ❖ Information regarding key employers in National City, ongoing job fairs, and employment opportunities ❖ A commitment to provide ongoing demographic data on National City students from local education institutions ❖ Open source (local to National City and San Diego County) economic and workforce data ❖ Opportunity to partner with San Diego Workforce to support the advancement of city education and labor goals 7 of 9 23 of 472 CALIFORNIA �+- NATIONAL airy `- rNCOftPORATED We developed a public -facing resource center to improve communications with residents This information will help to improve communication with residents regarding... ❖ Local resources to support career advancement ❖ Information about local education institutions ❖ Projections of priority job sectors -41 Committed to building a city that works National City is committed to budding city where residents walk and or bike to work, schools provide training so residents can find decent work and businesses have a local talented workforce to choose from! 8 of 9 24 of 472 CALIF,C,RNIA ` NA\TI0NAXL.CFIP'y n•J'Y NCORPORATE City Council Comments/Direction 9 of 9 25 of 472 The following page(s) contain the backup material for Agenda Item: Motion of the City Council of the City of National City approving the waiving of the reading of the text of the Ordinances or Resolutions that are having a Public Hearing considered at this meeting and providing that such Ordinances or Resolutions shall be introduced and/or adopted after a reading of the title only. (City Clerk) Please scroll down to view the backup material. 26 of 472 Item # 06/15/21 MOTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE WAIVING OF THE READING OF THE TEXT OF THE ORDINANCES OR RESOLUTIONS THAT ARE HAVING A PUBLIC HEARING CONSIDERED AT THIS MEETING AND PROVIDING THAT SUCH ORDINANCES OR RESOLUTIONS SHALL BE INTRODUCED AND/OR ADOPTED AFTER A READING OF THE TITLE ONLY. (City Clerk) 27 of 472 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the Mayor to execute an agreement with AdminSure, Inc., effective August 1, 2021, for Workers' Compensation Third Party administration and claims review in the initial amount of $97,305 period of one year; and authorizing the City Manager to execute future amendments extending the term of the agreement by one year increments for up to an additional four years. (Human Resources) Please scroll down to view the backup material. 28 of 472 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 15, 2021 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute an agreement with AdminSure, Inc., effective August 1, 2021, for Workers' Compensation Third Party administration and claims review in the initial amount of $97,305 period of one year; and authorizing the City Manager to execute future amendments extending the term of the agreement by one year increments for up to an additional four years. PREPARED BY: Robert J. Meteau, Human Resources Director PHONE: 336-4308 EXPLANATION: DEPARTMENT:. iuman Resources APPROVED BY The City of National City contracts for Third Party Administration of its Workers' Compensation Program. Staff hereby recommends that the City Council authorize the Mayor to execute an agreement with AdminSure, Inc. to act as a Third Party Administrator on behalf of the City of National City for Workers' Compensation administration and claims review effective August 1, 2021 for a period of one year; and authorizing the City Manager to execute future amendments extending the term of the agreement by one year increments for up to an additional four years. FINANCIAL STATEMENT: ACCOUNT NO. Year 1 627-407-081-433 (WC Claim Costs) $97,305 APPROVED: APPROVED: ENVIRONMENTAL REVIEW: This is not a project and, therefore, is not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt the resolution authorizing the Mayor to execute an agreement with AchninSure, Inc. for the Third Party Workers' Compensation administration and claims review. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Scope of Services Price Proposal Resolution 29 of 472 AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND ADMINSURE, INC. THIS AGREEMENT is entered into on this 1ST day of August 2021, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and. ADMINSURE, INC., a Third Party Administrator of Workers' Compensation Programs (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to provide comprehensive Workers' Compensation claims administration services in. a manner consistent with the claims administration standards andreporting and reimbursement procedures of the CITY'S excess Workers' Compensation carrier. WHEREAS, the CITY has determined that the CONTRACTOR is a Third Party Administrator of Workers' Compensation Programs and is qualified by experience and ability to perform the services desired by the CITY, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CITY agrees to engage the CONTRACTOR to perform Third Party Workers' Compensation claims administration, and the CONTRACTOR agrees to perform the services set forth here in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services shall be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement will become effective on August 1, 2021. The duration of this Agreement is for the period of August 1, 2021 through July 31, 2022. This Agreement may be extendedby mutual agreement upon the same terms and conditions for an additional four (4) years term. The Parties may exercise up to four one-year extensions. Any extension of this Agreement must be approved in writing by the City Manager. 3. SCOPE OF SERVICES. The CONTRACTOR will perform Third Party Workers' Compensation Claims Administration services as set forth in the attached. Exhibit "A". The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONTRACTOR shall appear at meetings as mutually agreed to keep staff advised of the progress on the project. 30 of 472 The CITY may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services. 4. PROJECT COORDINATION AND SUPERVISION. Robert J. Meteau, Jr. Human Resources Director hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. Alithia Vargas -Flores thereby is designated. as the Project Director for the CONTRACTOR. 5. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A". The compensation for the CONTRACTOR'S work shall not exceed the rates set forth in Exhibit "B". Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A", as determined by the CITY. The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred, and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY, and for furnishing of copies to the CITY, if requested. 6. ACCEPTABILITY OF WORK. The CITY shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement, and the amount of compensation due. In the event the CONTRACTOR and the CITY cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONTRACTOR in this Agreement, the CITY or the CONTRACTOR shall give to the other written notice. Within ten (10) business days, the CONTRACTOR and the CITY shall each prepare a report which supports their position and file the same with the other party. The CITY shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONTRACTOR. 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications, and other documents prepared by the CONTRACTOR for this project, whether paper or electronic, shall: (1) be free from defects; (2) become the property of the CITY for use with respect to this project; and (3) shall be turned over to the CITY upon completion of the project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONTRACTOR hereby assigns to the CITY, and CONTRACTOR thereby expressly waives and disclaims any copyright in, and the right to reproduce, all written material, drawings, plans, specifications, or other work prepared under this Agreement, except upon the CITY'S prior authorization regarding Standard Agreement Page 2 of 12 City of National City and Revised January 2021 AdminSure, Inc. 31 of 472 reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium, or method utilize the CONTRACTOR'S written work product for the CITY'S purposes, and the CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic. works. Any modification or reuse by the CITY of documents, drawings, or specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section 14, but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of Services of this project, unless otherwise mutually agreed. 8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers with one another. Neither the CONTRACTOR nor the CONTRACTOR'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 limitedto retirement, medical, unemploy- ment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR'S employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and. competence of the CONTRACTOR and its employees. Neither this Agreement, nor any interest herein, may be assignedby the CONTRACTOR without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees, or SUBCONTRACTOR, as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its SUBCONTRACTOR(S) shall require the SUBCONTRACTOR(S) to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CITY, nor its officers, agents, or employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR'S employees, except as set forth in this Agreement. The CONTRACTOR, or the CONTRACTOR'S agents, servants, or employees are not in any manner agents, servants, or employees of the CITY. The CONTRACTOR andits agents, servants, andemployees are wholly independent from the CITY and CONTRACTOR'S obligations to the CITY are solely prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all applicable state and federal statutes and regulations, and all applicable ordinances, rules, and regulations of the City of National City, whether now in force or subsequently enacted. The CONTRACTOR and each of its SUBCONTRACTOR(S), shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. Standard Agreement Page 3 of 12 City of National City and Revised January 2021 AdminSurc, Inc. 32 of 472 11. LICENSES, PERMITS, ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. CONII{ACTOR must promptly produce a copy of any such license, permit, or approval to CITY upon request. The CONTRACTOR represents and covenants that the CONTRACTOR 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 CONTRACTOR to practice its profession. 12. STANDARD OF CARE. A. The CONTRACTOR, 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 CONTRACTOR'S trade or profession currently practicing under similar conditions and in similar locations. The CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR'S employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this Agreement, the CONTRACTOR warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONTRACTOR'S professional performance or the furnishing of materials or services relating thereto. C. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that all products, [materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -section will render the CONTRACTOR liable to the CITY for any increased costs that result from the CITY'S later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR 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 CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR Standard Agreement Page 4 of 12 City of National City and Revised January 2021 AdminSure, Inc. 33 of 472 shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CON TRACTOR shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 14, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONTRACTOR shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 15. 15. INDEMNIFICATION AND HOLD HARMLESS. To the maximum extent provided by law, the CONTRACTOR agrees to defend, indemnify and hold harmless the City of National City, its officers, officials, agents, employees, and volunteers against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONTRACTOR'S performance or other obligations under this Agreement; provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the CITY, its agents, officers, employees or volunteers. CITY will cooperate reasonably in the defense of any action, and CONTRACTOR shall employ competent counsel, reasonably acceptable to the City Attorney. The indemnity, defense, and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement. 16. EMPLOYEE PAYMENTS AND INDEMNIFICATION. 16.1 PERS Eligibility Indemnification. If CONTRACTOR's employee(s) providing services under this Agreement claims, or is determined by a court of competent jurisdiction or the California Public Employees Retirement System ("PERS") to be eligible for enrollment in PERS of the CITY, CONTRACTOR shall indemnify, defend, and hold harmless CITY for the payment of any employer and employee contributions for PERS benefits on behalf of the employee as well as for payment of any penalties and interest on such contributions which would otherwise be the responsibility of the CITY. CONTRACTOR'S employees providing service under this Agreement shall not: (1) qualify for any compensation and benefit under PERS; (2) be entitled to any benefits under PERS; (3) enroll in PERS as an employee of CITY; (4) receive any employer contributions paid by CITY for PERS benefits; or (5) be entitled to any other PERS-related benefit that would accrue Standard Agreement Page 5 of 12 City of National City and Revised January 2021 Adminsure, Inc. 34 of 472 to a CITY employee. CONTRACTOR's employees hereby waive any claims to benefits or compensation described in this Section 16. This Section 16 applies to CONTRACTOR notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary. 16.2 Limitation of CITY Liability. The payment made to CONTRACTOR under this Agreement shall be the full and complete compensation to which CONTRACTOR and CONTRACTOR's officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither CONTRACTOR nor CONTRACTOR's officers, employees, agents, and subcontractors are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to CITY employees. The CITY will not make any federal or state tax withholdings on behalf of CONTRACTOR. The CITY shall not be required to pay any workers' compensation insurance on behalf of CONTRACTOR. 16.3 Indemnification for Employee Payments. CONTRACTOR agrees to defend and indemnify the CITY for any obligation, claim, suit, or demand for tax, retirement contribution including any contribution to PERS, social security, salary or wages, overtime payment, or workers' compensation payment which the CITY may be required to make on behalf of (1) CONTRACTOR, (2) any employee of CONTRACTOR, or (3) any employee of CONTRACTOR construed to be an employee of the CITY, for work performed under this Agreement. This is a continuing obligation that survives the termination of this Agreement. 17. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Labor Code and all amendments thereto; and all similar State or federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, employees, and volunteers from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. 18. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its SUBCONTRACTOR(S), when applicable, to purchase and maintain throughout the termof this Agreement, the following insurance policies: A. ® If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile Insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include non -owned and hired vehicles. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. C. Commercial General Liability Insurance, with minimum limits of either $2,000,000 per occurrence and $4,000,000 aggregate, or $1,000,000 per occurrence and $2,000,000 aggregate with a $2,000,000 umbrella policy, covering all bodily injury and property damage arising out of its operations, work, or performance under this Agreement. The policy shall Standard Agreement Page 6 of 12 City of National City and Revised January 2021 AdminSure, Inc. 35 of 472 name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "project" or "location". The "project" or "location" should be noted with specificity on an endorsement that shall be incorporated into the policy. D. Workers' Compensation Insurance in an amount sufficient to meet statutory requirements covering all of CONTRACTOR'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the CITY. Said endorsement shall be provided prior to commencement of work under this Agreement. If CONTRACTOR has no employees subject to the California Workers' Compensation and. Labor laws, CONTRACTOR shall execute a Declaration to that effect. Said Declaration shall be provided to CONTRACTOR by CITY. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, officials, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY's Risk Manager, at the address listed in subsection G below, of cancellation or material change. F. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. shall be: G. The Certificate Holder for all policies of insurance required by this Section City of National City c/o Risk Manager 1243 National City Boulevard National City, CA 91950-4397 H. Insurance shall be written with only insurers authorized to conduct business in California that hold a current policy holder's alphabetic and financial size category rating of not less than A:VII according to the current Best's Key Rating Guide, or a company of equal financial stability that is approved by the CITY'S Risk Manager. In the event coverage is provided by non - admitted "surplus lines" carriers, they must be included on the most recent List of Approved Surplus Line Insurers ("LASLI") and otherwise meet rating requirements. I. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY'S Risk Manager. If the CONTRACTOR does not keep all insurance policies required by this Section 18 in full force and effect at all times during the term of this Agreement, the CITY may treat the failure to maintain the requisite insurance as a breach of this Agreement andterminate the Agreement as provided herein. J. All deductibles and self insured retentions in excess of $1.0,000 must be disclosed to and approvedby the CITY. CITY reserves the right to modify the insurance requirements of this Section 18, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. Standard Agreement Page 7of12 City of National City and Revised January 2021 AdminSure, Inc. 36 of 472 K. If the CONTRACTOR maintains broader coverage or higher limits (or both) than the minimum limits shown above, the CITY shall be entitled to the broader coverage or higher limits (or both) maintained by the CONTRACTOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY. 19. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreelnents 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 consideredin determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limitedto the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONTRACTOR shall be entitledto receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONTRACTOR'S breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 7. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the CON 1RACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally Standard Agreement Page 8 of 12 City of National City and Revised January 2021 AdminSure, Inc. 37 of 472 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: Robert J. Meteau, Jr. Human Resources Director Human Resources Department City of National City 1243 National City Boulevard National City, CA 91950-4397 To CONSULTANT: Alithia Vargas- Flores President/Director of Operations AdminSure, Inc. 3380 Shelby Street Ontario, CA 91764-5566 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 deliveredas specified in this Section. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONTRACTOR also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter coining before the CITY in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the CONTRACTOR shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City Clerk Standard Agreement Page 9 of 12 City of National City and Revised January 2021 AdminSure, Inc. 38 of 472 of the City of National City in a timely manner on forms which the CONTRACTOR shall obtain from the City Clerk. The CONTRACTOR shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Section 22 by the CONTRACTOR. 23. PREVAILING WAGES. State prevailing wage rates may apply to work performed under this Agreement. State prevailing wages rates apply to all public works contracts as set forth in California Labor Code, including but not limited to, Sections 1720, 1720.2, 1720.3, 1720.4, and 1771. Consultant is solely responsible to determine if State prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations. 24. ADMINISTRATIVE PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state, or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided. herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. To the extent any exhibits, schedules, or provisions thereof conflict or are inconsistent with the terms and conditions contained in this Agreement, the terms and conditions of this Agreement shall control. 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. CONTRACTOR. shall not assign this Agreement, in whole or in part, to any other party without first obtaining the written consent of CITY. H. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. I. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. The venue for any legal action arising under this Agreement shall be in either state or federal court in the County of San Diego, State of California. J. Audit. If this Agreement exceeds ten -thousand dollars ($10,000), the parties shall be subject to the examination and audit of the State Auditor for a period of three (3) years after final payment under the Agreement, per Government Code Section 8546.7. K. Entire Agreement. This Agreement supersedes any prior agreements, negotiations andcommunications, oral or written, and contains the entire agreement between the Standard Agreement Page 10 of 12 City of National City and Revised January 2021 AdrninSure, Inc. 39 of 472 parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. L. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. M. Subcontractors or Subconsultants. The CITY is engaging the services of the CONTRACTOR identified in this Agreement. The CONTRACTOR shall not subcontract any portion of the work, unless such subcontracting was part of the original proposal or is allowed by the CITY in writing. In the event any portion of the work under this Agreement is subcontracted, the subconsultant(s) shall be required to comply with and agree to, for the benefit of and in favor of the CITY, both the insurance provisions in Section 18 and the indemnification and hold harmless provision of Section 15 of this Agreement. N. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. Standard Agreement Page 11 of 12 City of National City and Revised January 2021 AdminSure, Inc. 40 of 472 Brad Raulston, City Manager APPROVED AS TO FORM: By: IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY ADMINSURE, INC. By: By: vAlithia Vargas-Flore ifl��. t (j - (Print) V Jennifer K. Gilman Deputy City Attorney By: Press President/Director of Operations Ashley Sell (Print) Urate Cgir4.09 Cor o to Secretary Standard Agreement Page 12 of 12 City of National City and Revised January 2021 AdminSure, Inc. 41 of 472 Adopted: December 6, 1985 Last Amended: July 1,2019 SCOPE OF SERVICES WORKERS' COMPENSATION CLAIMS ADMINISTRATION STANDARDS The following Standards have been adopted by Public Risk Innovation, Solutions, and Management (hereinafter PRISM) in accordance with Article 18(b) of the PRISM Joint Powers Agreement. It is the intent of these Standards to ensure compliance with all applicable Labor Code and California Code of Regulations Sections. In the event that there exists a conflict between the Standards, the Labor Code or the Code of Regulations, the most stringent requirement shall apply. I. CLAIMS HANDLING - ADMINISTRATIVE A. Case Load 1. Each claims examiner assigned to the Member should handle a targeted caseload of 150 but not to exceed 165 claims. In situations where caseloads include future medical and medical only claims, these claims shall be counted as 2:1 in the caseload limit. 2. Supervisory personnel should not handle a caseload, although they may handle specific issues or a small number of conflict claims. B. Case Review and Documentation 1. Documentation shall reflect any significant developments in the file and include a plan of action. Plan of action statements shall be updated at the time of examiner diary review. 2. The examiner shall review indemnity and medical -only files at intervals not to exceed 45 calendar days. Future medical files shall be reviewed at intervals not to exceed 90 calendar days. 3. The supervisor shall review all new claims within 60 calendar days of initial set up and subsequently monitor activity on indemnity files at intervals not to exceed 120 calendar days. Future medical files shall be reviewed by the supervisor at intervals not to exceed 180 calendar days. Exhibit A 42 of 472 4. File contents shall comply with Code of Regulations Sections 10101, 10101.1 and 15400, and be kept in a neat and orderly fashion. If claims are maintained in a paperless system, documents shall be clearly identified (e.g., medical report, WCAB Orders, legal, etc.). 5. Medical Only Claims a. If a medical -only claim is still open at 90 calendar days, it shall be transferred to an indemnity examiner. b. If, at any time, it is anticipated there will be indemnity benefits paid, the claim shall be transferred to an indemnity claim type. c. If the medical -only claim remains open at 180 days, the claim shall be converted to an indemnity claim type, unless there is documentation showing that medical treatment will be ending and the claimant will be discharged from care within the next 30 days, or the claimant is only seeking treatment for a blood - borne pathogen exposure protocol. C. Communication 1. Telephone Inquiries Return calls shall be made within 1 working day of the original telephone inquiry. All documentation shall reflect these efforts. 2. Incoming Correspondence - All correspondence received shall be clearly stamped with the date of receipt. 3. Return Correspondence All correspondence requiring a written response shall have such response completed and transmitted within 5 working days of receipt. 4. Ongoing Claimant Contact On cases involving unrepresented injured workers who are offwork, telephone contact shall be made at a minimum of once every 30 days and within 3 working days after discharge from the hospital or outpatient facility following a surgical procedure. This is in addition to nurse case management involvement on claims where nurse case managers are assigned. 43 of 472 D. Fiscal Handling 1. Fiscal handling for indemnity benefits on active cases shall be balanced with appropriate file documentation on a semi-annual basis and prior to sending a benefit termination notice to verify that statutory benefits are paid appropriately. Balancing is defined as, "an accounting of the periods and amounts due in comparison with what was actually paid". 2. In cases of multiple losses with the same person, payments shall be made on the appropriate claim file. E. Medicare Reporting Mandatory reporting to the Center for Medicaid Services (CMS) shall be completed directly or through a reporting agent in compliance with Section 111 of the Medicare Medicaid and SCHIP Extension Act of 2007 ("MMSEA"). Medicare eligibility shall be documented in the claim file at time of settlement evaluation. II. CLAIM CREATION A. Three -Point Contact Three-point contact shall be conducted on all claims with the non- represented injured worker, employer representative and treating physician within 3 working days of receipt of the claim by the third party administrator or self-administered entity. If a nurse case manager is assigned to the claim, initial physician contact may be conducted by either the claims examiner or the nurse case manager. This initial contact should be substantive and dearly documented in the claim file. In the event a party is non -responsive, there shall be evidence of at least three documented attempts to reach the individual. B. Compensability 1. The initial compensability determination (accept claim, deny claim or delay acceptance pending the results of additional investigation) and the reasons for such a determination shall be made and documented in the file within 14 calendar days of the filing of the claim with the employer. In the event the claim is not received by the third party administrator or self-administered entity within 14 calendar days of the filing of the claim with the employer, the third party administrator or self-administered entity shall make the initial compensability determination within 7 calendar days of receipt of the claim. 44 of 472 2. Delay of benefit letters shall be mailed in compliance with the Division of Workers' Compensation (DWC) guidelines. In the event the employer does not provide notice of lost time to the third party administrator or self-administered entity timely to comply with DWC guidelines, the third party administrator or self-administered entity shall mail the benefit letters within 7 calendar days of notification. 3. The final compensability determination shall be made by the claims examiner or supervisor within 90 calendar days of employer receipt of the claim form. C. AOE/COE Investigation If a decision is made to delay benefits on a claim, an AOE/COE investigation shall be initiated within 3 working days of the decision to delay. This may include, but is not limited to, assigning out for witness/injured worker statements, initiating the QME/AME process, requesting medical records, etc. D. Reserves 1. Using the information available at claim file set up, an initial reserve shall be established for the most probable case value. 2. The initial reserve shall be electronically posted to the claim within 14 calendar days of receipt of the claim. E. Indexing All claims shall be reported to the Index Bureau at time of initial set up and re -indexed on an as needed basis thereafter. Blood borne pathogen exposure claims are an exception to this requirement. PRISM maintains membership with the Index Bureau that members can access. III. CLAIM HANDLING — TECHNICAL A. Payments 1. Initial Temporary and Permanent Disability Indemnity Payment a. The initial indemnity payment shall be issued to the injured worker within 14 calendar days of knowledge of the injury and disability. In the event the third party administrator or self- administered entity is not notified of the injury and disability 45 of 472 within 14 calendar days of the employer's knowledge, the third party administrator or self- administered entity shall make payment within 7 calendar days of notification. Initial permanent disability payments shall be issued within 14 calendar days after the date of last payment of temporary disability. Effective 1/1/2013, permanent disability payments shall be issued upon approval of an Award pursuant to Labor Code Section 4650(b)(2). Prior to a PD Award, advances may be due if the employer has not offered the employee a position paying at least 85% of their wages and compensation at time of injury or the employee is not employed in a position paying at least 100% of their wages and compensation at time of injury. This shall not apply with salary continuation. b. The properly completed DWC Benefit Notice shall be mailed to the employee within 14 calendar days of the first day of disability. In the event the third party administrator or self- administered entity is not notified of the first day of disability until after 14 calendar days, the DWC Benefit Notice shall be mailed within 7 calendar days of notification. c. Self-imposed penalty shall be paid on late payments in accordance with Section III. A.7 of this document. d. Overpayments shall be identified and reimbursed timely where appropriate. The third party administrator or self- administered entity shall request reimbursement of overpaid funds from the party that received the funds. If necessary, a credit shall be sought as part of any resolution of the claim. 2. Subsequent Temporary and Permanent Disability Payments a. Eligibility for indemnity payments subsequent to the first payment shall be verified, except for established long-term disability. b. Ongoing indemnity payments shall be paid in accordance with Labor Code Section 4650(c). c. Subsequent DWC benefit notices shall be issued in accordance with CCR 9812. d. Self-imposed penalty shall be paid on late payments in accordance with Section III. A.7 of this document. 3. Final Temporary and Permanent Disability Payments 46 of 472 a. All final indemnity payments shall be issued timely. b. The appropriate DWC benefit notices shall be issued in accordance with CCR 9812. c. Self-imposed penalty shall be paid on late payments in accordance with Section III. A.7. of this document. 4. Award Payments a. The claim file shall reflect demonstrated efforts to initiate/batch payments on undisputed Awards, Commutations, or Compromise and Release agreements within 10 working days following receipt of the appropriate document, unless the Award indicates payment is due sooner. b. For all claims in the Primary Workers' Compensation (PWC) Program and/or excess reportable claims, copies of all Awards shall be provided to PRISM at time of payment. 5. Medical Payments a. Medical treatment billings (physician, pharmacy, hospital, physiotherapist, etc.) shall be reviewed for correctness, approved for payment and paid within 60 days of receipt. b. The medical provider shall be notified in writing within 30 days of receipt of an itemized bill if a medical bill is contested, denied or incomplete. G. A bill review process should be utilized whenever possible. There should be participation in a PPO and/or MPN whenever possible. 6. Injured Worker Reimbursement Expense a. Reimbursements to injured workers shall be issued within 15 working days of the receipt of the claim for reimbursement. b. Advance travel expense payments shall be issued to the injured worker 10 working days prior to the anticipated date of travel. 7. Penalties 47 of 472 a. Penalties shall be coded so as to be identified as a penalty payment. b. If the Member utilizes a third party administrator, the Member shall be advised of the assessment of any penalty for delayed payment and the reason thereof, and the administrator's plans for payment of such penalty, on a monthly basis. c. If the Member utilizes a third party administrator, the Member, in their contract with the administrator, shall specify who is responsible for specific penalties. B. Medical Treatment 1. Each Member shall have in place a Utilization Review process as set forth in Labor Code Section 4610. 2. Disputes regarding utilization review determinations shall be resolved using the Independent Medical Review process set forth in Labor Code Section 4610.5. 3. Nurse case managers shall be utilized where appropriate. Rationale for assignment and continued necessity shall be documented in the claim notes at each regular diary review. 4. If enrolled in a Medical Provider Network, the network shall be utilized whenever appropriate. C. Apportionment 1. Investigation into the existence of apportionment shall be documented. 2. If potential apportionment is identified, all efforts to reduce exposure shall be pursued. D. Disability Management, 1. The third party administrator or self-administered entity shall work proactively to obtain work restrictions and/or a release to full duty on all cases. The TPA or self-administered entity shall notify a designated Member representative immediately upon receipt of temporary work restrictions or a release to full duty, and work closely with the Member to establish a return to work as soon as possible. 48 of 472 2. The third party administrator or self-administered entity shall notify a designated Member representative immediately upon receipt of an employee's permanent work restrictions so that the Member can determine the availability of alternative, modified or regular work. 3. If there is no response within 20 calendar days, the third party administrator or self-administered entity shall follow up with the designated Member representative. 4. Members shall have in place a process for complying with laws preventing disability discrimination, including Government Code Section 12926.1, which requires an interactive process with the injured worker when addressing a return to work particularly with permanent work restrictions. 5. Third party administrators or self-administered claims professional shall cooperate with members to the fullest extent, in providing medical and other information the member deems necessary forthe member to meet its obligations under federal and state disability laws. E. Supplemental Job Displacement Benefits 1. Supplemental Job Displacement Benefits — Dates of injury on or after 1/1/04 and before 1/1/13: Benefits pursuant to Labor Code Section 4658.5 shall be timely provided. Dates of injury on or after 1/1/13: Benefits pursuant to Labor Code 4658.7 shall be timely provided. 2. The third party administrator or self-administered entity shall secure the prompt conclusion of SJDB. F. Reserving 1. Reserves shall be reviewed at regular diary and at time of any significant event, e.g. - surgery, P&S/MMI, return to work, etc., and adjusted accordingly. This review shall be documented in the file regardless of whether a reserve change was made. Where the SIP model does not apply, claims shall be reserved for the most probable value. 2. Indemnity reserves shall reflect actual temporary disability indemnity exposure with 4850 differential listed separately. 3. Permanent disability indemnity exposure shall include life pension reserve if appropriate. 49 of 472 4. Future medical claims shall be reserved in compliance with CCR 15300 (b)(4) allowing adjustment for reductions in the approved medical fee schedule, undisputed utilization review, medically documented non -recurring treatment costs and medically documented reductions in life expectancy. 5. Allocated expense reserves shall include medical cost containment, legal, investigation, copy service and other related fees. 6. A reserve worksheet shall be utilized and/or detailed rationale substantiating reserve levels shall be documented within the claim file. G. Resolution of Claim 1. Within 10 working days of receiving medical information indicating that a claim can be finalized, the claims examiner shall begin appropriate action to finalize the claim. 2. Follow up finalization efforts shall continue and be documented at regular diary reviews until resolution is complete. 3. Settlement value shall be documented appropriately utilizing all relevant information. 4. Where settlement includes resolution of future medical for a Medicare beneficiary or an expected Medicare beneficiary, the settlement shall document the strategy to protect Medicare's secondary payer status. 5. Pursuant to CCR15400.2, claim files with awards for future benefits shall be reviewed for administrative closure two years after the last provision of benefits. H. Settlement Authority 1. No agreement shall be authorized involving liability, or potential liability, of PRISM without the advance written consent of PRISM. The member shall be notified of any settlement request submitted to PRISM. 2. The third party administrator shall obtain the Member's authorization on all settlements or stipulations in excess of the settlement authority provided in any provision of the individual contract between the Member and the claims administrator. 50 of 472 3. Proof of settlement authorization(s) shall be maintained in the claim file. IV. LITIGATED CASES The third party administrator or self-administered entity shall establish written guidelines for the handling of litigated cases. The guidelines should, at a minimum, include the points below, which may be adopted and incorporated by reference as "the Guidelines". 1. The third party administrator or self-administered entity shall promptly initiate investigation of issues identified as material to potential litigation. The Member shall be alerted to the need for in-house investigation, or the need for a contract investigator who is acceptable to the Member. The Member shall be kept informed on the scope and results of investigations. 2. The third party administrator or self-administered entity shall, in consultation with the Member, assign defense counsel from a list approved by the Member. Initial referral and ongoing litigation management shall be timely and appropriate. The third party administrator or self-administered entity shall maintain control of the ongoing claim activities. 3. Settlement proposals directed to the Member shall be forwarded by the third party administrator, self-administered entity or defense counsel in a concise and clear written form with a reasoned recommendation. Settlement proposals shall be presented to the Member as directed so as to insure receipt in sufficient time to process the proposal. 4. Knowledgeable Member personnel shall be involved in the preparation for medical examinations and trial, when appropriate or deemed necessary by the Member so that all material evidence and witnesses are utilized to obtain a favorable result for the defense. 5. The third party administrator or self-administered entity shall comply with any reporting requirement of the Member. V. SUBROGATION 1. In all cases where a third party (other than a Member employee or agent) is responsible for the injury to the employee, attempts to obtain information regarding the identity of the responsible party shall be made within 14 calendar days of recognition of subrogation potential. 51 of 472 2. Once identified, the third party shall be contacted within 14 calendar days with notification of the Member's right to subrogation and the recovery of certain claim expenses. 3. If the third party is a governmental entity, a claim shall be filed with the governing board (or State Board of Control as to State entities) within 6 months of the injury or notice of the injury. If the third party is a non- governmental entity, a complaint shall be filed in civil court within two years in order to preserve the statute of limitations. 4. Periodic contact shall be made with the responsible party and/or insurer to provide notification of the amount of the estimated recovery to which the Member shall be entitled. 5. If the injured worker brings a civil action against the party responsible for the injury, the claims administrator shall consult with the Member about the value of the subrogation claim and other considerations. Upon Member authorization, subrogation counsel shall be assigned to file a Lien or a Complaint in Intervention in the civil action. 6. Whenever practical, the claims administrator shall aggressively pursue recovery in any subrogation claim. They should attempt to maximize the recovery for benefits paid, and assert a credit against the injured worker's net recovery for future benefit payments. 7. Member (and PRISM if applicable) approval is required to waive pursuit of subrogation or agree to a settlement of a third party recovery. This approval shall be documented in the claim file. In cases of self-administered entities, a process shall be documented noting the authority levels within the member organization to waive pursuit of subrogation or agree to a settlement of a third party recovery. VI. EXCESS COVERAGE A. Claims meeting the definition of reportable excess workers' compensation claims as defined by the Memorandum of Coverage Conditions Section shall be reported to PRISM within five working days of the day on which it is known the criterion is met. Utilize the Excess Workers' Compensation First Report Form available through PRISM's website. B. Subsequent reports shall be transmitted to PRISM on a quarterly basis on all indemnity claims and on a semi-annual basis on all future medical claims or sooner if claim activity warrants, or at such other intervals as requested by PRISM, in accordance with Underwriting and Claims Administration Standards. Utilize the Excess Workers' Compensation Status Report Form 52 of 472 available through PRISM's website, or a comparable form to be approved by PRISM. C. Reimbursement requests shall be submitted in accordance with PRISM's reporting and reimbursement procedures on a quarterly or semi-annual basis depending on claims payment activity. Utilize the Excess Workers' Compensation Claim Reporting and Reimbursement Procedures available through PRISM's website. D. A closing report with a copy of any settlement documents not previously sent shall be sent to PRISM. Following is the history of amendments to this document: Amended: March 4, 1988 Amended: October 7, 1988 Amended: October 6, 1995 Amended: October 1, 1999 Amended: June 6, 2003 Amended: March 2, 2007 Amended: July 1, 2009 Amended: July 1, 2011 Amended: March 2, 2012 Amended: October 4, 2013 Amended: July 1, 2019 53 of 472 Exhibit B Price Proposal Attachment C Request for Proposal RFP Summary of TPA Fees with Bill Review Services TPA Fees Group Pricing City of National City Fees Year 1 $97,305 Optional Year 2 $100, 224 Optional Year 3 $103, 230 Optional Year 4 $106,327 Optional Year 5 $109,517 Total $516,603 Services Included (Y/N) If no, include fee MMSEA Fee Yes Conversion Fee Yes Assumption of tail claims Yes License fee for VOS Yes Monthly reports Yes SIP Annual Report Yes 1099's Yes DWC-1, posters, pamphlets Yes Index checking Yes Attendance at hearings Yes Storage of claims Yes Check printing Yes BankingfeesAny banking fees shall b. between t:1e City and the City's chloice of Ban URStatapprovals See Utilization Review Filing fees Yes Correspondence fees Yes Medical Provider Network Annual Maintenance Fee At -Cost : Dependent on \.he City' s choice of MPN Provider (s) Creation of MPN Same as above MPN Update fees Same as aboi, e Other We fo no charge any MPN fe0s for our sehvices and we shall not]. Medical Rill Review add on any fee to the City's choice of MPN provider's fee. Per bill $10, plus .60 .ents e-bill7CICR fee when applicable . In Patient Medical Fee Schedule(IMFS) No additiona,1 fee PPONetwork- %ofsavings fee & Cap *Cap : $10k Shall ni)ot exceed are Ma PPOI sa""ings 2596lof P.*:Ci . savings.Theje are rip PPCI - fees if ther Pharmacy No additional fee U&C Savings No additional fee Outpatient No additional fee Negotiated No additional]. fee 54 of 472 MedicalEDI No additional fee Duplicates No additional fee Other No adaitiona1 fee not provici-e Nurse Case Management Services. Nurse Case Management he o d Early Intervention/Triage OccS`lutleildat C5i16/Fefexxc11.8 sp.ou1d the Cit7 not have a Wxty's choice Other f e1V1c(C provx ura a e u nd ate ab1 to make ze J reference *** Utilization Review ***Please see below: *** lst Level Peer Review Peer to Peer Other *Flat fee, 5% of billed charges capped at $750, or flat fee of $85/$170 per decision/review. *Flat Physician Review fee billed at cost, at the rate of $200 per hour, billed in 10-minute increments. 55 of 472 Client#: 688055 ADMINSUREI ACORDTM CERTIFICATE OF LIABILITY INSURANCE I DATE 7/2021 (MMRPIYYYY) 5/1(MMDD 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 policy(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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER Marsh & McLennan Agency LLC Marsh & McLennan Ins. Agency LLC 1 Polaris Way #300 Aliso Viejo, CA 92656 CONTACT NAME: Rocio Gutierrez PHONN , Ext): 949 900-1780 FAX (Arc, No). E-MAIL ADDRESS: roclo.gutlerrez@marshmma.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Sentinel Insurance Company Ltd 11000 INSURED AdminSure, Inc. 3380 Shelby Street Ontario, CA 91764 INSURER B: Twin City Fire Insurance Company 29459 Evanston Insurance Company INSURER C : P Y 35378 INSURER R : United States Flre Insurance Company 21113 INSURER E : Underwriters at Lloyds INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS 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 LRINSR TYPE OF INSURANCE L SUSR WVD POLICY NUMBER POLICY EFF (MMlDDIYYYY) POLICY EXP (MMfDD1YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY 72SBABD7973 01/01/2021 01/01/2022 $2,000,000 CLAIMS -MADE X OCCUR pEAACCHOCCpUR�RENCE PRE MISi (EaoNcurrence) $1,0DO,000 $10,000 MED EXP (Any one person) PERSONAL & ADV INJURY $2,000,000 GEN'L AGGREGATE X LIMIT APPLIES PER: JECT n LOC GENERAL AGGREGATE $4,000,000 PRODUCTS - COMP/OP AGG $4,000,000 $ A AUTOMOBILE — X LIABILITY ANY AUTO OWNED AUTOS ONLY AUTOS ONLY — X SCHEDULED AUTOS AUUTOSW ONLY 72SBABD7973 01/01/2021 01/01/2022 CEaOMBIaccldenU NED SINGLE LIMIT i $2,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERDAMAGE (Per accident) $ $ A x UMBRELLA 'JAB EXCESS LIAB X OCCUR • CLAIMS -MADE 72SBABD7973 01/0112021 01/01/2022 EACH OCCURRENCE $4,000,000 AGGREGATE $ DED RETENTION $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MENIBOER EXCLUDED? ECUTIVE {Mandatory In NH) If es, describe under DESCRIPTION OF OPERATIONS below YN N IA 72WECNG7400 01/01/2021 01/01/2022 X STATUTE FRH- E L. EACH ACCIDENT $1,000,000 $1,000,000 E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $1,000,000 C D E Professional Liab Crime (401K) Cyber-w-3rdParty MKLV3PE0001615 6260378562 ESJ0419616911 10/19/2020 10/13/2020 07/01/2020 01/01/2022 01/01/2022 07/01/2021 $5,000,000 Claim/Agg $2,000,000/Ded varies $2,000,000theftfraudpry DESCRIPTION OF OPERATIONS !LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) The City of National City, its elected officials, officers, agents, and employees are included as additional insured as respects to General Liability as required by written contract or agreement per the attached endorsement. Primary & non-contributory status applies as respects to General Liability as required by written contract or agreement per the attached endorsement. Waiver of subrogation applies as respects to Workers' Compensation as required by written contract or agreement per the attached endorsement. CERTIFICATE HOLDER CANCELLATION City of National City C/O Risk Manager 1243 National City Blvd National City, CA 91950 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 ACORD 25 (2016/03) 1 of 1 #S8300660/M8288731 ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD WOAQH 56 of 472 INSURED: AdminSure, Inc. POLICY #: 72SBABD7973 POLICY PERIOD: 01/01/2021 TO: 01/01/2022 BUSINESS LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your"' refer to the Named Insured shown in the Declarations. The words "we", "us" and "our" refer to the stock insurance company member of The Hartford providing this insurance. The word "insured" means any person or organization qualifying as such under Section C. - Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section G. - Liability And Medical Expenses Definitions. A. COVERAGES 1. BUSINESS LIABILITY COVERAGE (BODILY INJURY, PROPERTY DAMAGE, PERSONAL AND ADVERTISING INJURY) Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury", "property damage' or "personal and advertising injury" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "bodily injury", "property damage" or "personal and advertising injury" to which this insurance does not apply. We may, at our discretion, investigate any "occurrence" or offense and settle any claim or"suit" that may result. But: (1) The amount we will pay for damages is limited as described in Section D. - Liability And Medical Expenses Limits Of Insurance; and (2) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments, settlements or medical expenses to which this insurance applies. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Coverage Extension - Supplementary Payments. b. This insurance applies: (1) To "bodily injury" and "property damage" only if: (a) The "bodily injury" or "property damage" is caused by an "occurrence" that takes place in the "coverage territory"; The "bodily injury" or "property damage" occurs during the policy period; and (c) Prior to the policy period, no insured listed under Paragraph 1. of Section C. — Who Is An Insured and no "employee" authorized by you to give or receive notice of an "occurrence" or claim, knew that the "bodily injury" or "property damage" had occurred, in whole or in part. If such a listed insured or authorized "employee" knew, prior to the policy period, that the "bodily injury" or "property damage" occurred, then any continuation, change or resumption of such "bodily injury" or "property damage" during or after the policy period will be deemed to have been known prior to the policy period. (2) To "personal and advertising injury" caused by an offense arising out of your business, but only if the offense was committed in the "coverage territory" during the policy period. c. "Bodily injury" or "property damage" will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section C. — Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim: (1) Reports all, or any part, of the "bodily injury" or "property damage" to us or any other insurer; (b) Form SS 00 08 04 05 Page 1 of 24 © 2005, The Hartford 57 of 472 BUSINESS LIABILITY COVERAGE FORM (2) Receives a written or verbal demand or claim for damages because of the "bodily injury' or "property damage"; or Becomes aware by any other means that "bodily injury" or "property damage" has occurred or has begun to occur. d. Damages because of "bodily injury" include damages claimed by any person or organization for care, loss of services or death resulting at any time from the "bodily injury". e. Incidental Medical Malpractice (1) "Bodily injury" arising out of the rendering of or failure to render professional health care services as a physician, dentist, nurse, emergency medical technician or paramedic shall be deemed to be caused by an 'occurrence", but only if: (a) The physician, dentist, nurse, emergency medical technician or paramedic is employed by you to provide such services; and (b) You are not engaged in the business or occupation of providing such services. (2) For the purpose of determining the limits of insurance for incidental medical malpractice, any act or omission together with all related acts or omissions in the furnishing of these services to any one person will be considered one "occurrence". 2. MEDICAL EXPENSES (3) Insuring Agreement a. We will pay medical expenses as described below for "bodily injury" caused by an accident: (1) On premises you own or rent; (2) On ways next to premises you own or rent; or (3) Because of your operations; provided that: (1) The accident takes place in the "coverage territory" and during the policy period; (2) The expenses are incurred and reported to us within three years of the date of the accident; and (3) The injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably require. 3. COVERAGE EXTENSION - SUPPLEMENTARY PAYMENTS a. We will pay, with respect to any claim or "suit" we investigate or settle, or any "suit" against an insured we defend: (1) All expenses we incur. (2) Up to $1,000 for the cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which Business Liability Coverage for "bodily injury" applies. We do not have to furnish these bonds. The cost of appeal bonds or bonds to release attachments, but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. All costs taxed against the insured in the "suit". (6) Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance. Any amounts paid under (1) through (7) above will not reduce the limits of insurance. b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for: (1) First aid administered at the time of an accident; (2) Necessary medical, surgical, x-ray and dental services, including prosthetic devices; and Necessary ambulance, hospital, professional nursing and funeral services. (3) (3) (5) (7) Page 2 of 24 Form SS 00 08 04 05 58 of 472 BUSINESS LIABILITY COVERAGE FORM b. If we defend an insured against a "suit" and an indemnitee of the insured is also named as a party to the "suit", we will defend that indemnitee if all of the following conditions are met: (1) The "suit" against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an "insured contract"; (2) This insurance applies to such liability assumed by the insured; The obligation to defend, or the cost of the defense of, that indemnitee, has also been assumed by the insured in the same "insured contract"; (4) The allegations in the "suit" and the information we know about the "occurrence" are such that no conflict appears to exist between the interests of the insured and the interest of the indemnitee; (5) The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such "suit" and agree that we can assign the same counsel to defend the insured and the indemnitee; and (6) The indemnitee: (a) Agrees in writing to: (i) Cooperate with us in the investigation, settlement or defense of the "suit"; (ii) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the "suit"; (iii) Notify any other insurer whose coverage is available to the indemnitee; and (iv) Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee; and (b) Provides us with written authorization to: (i) Obtain records and other information related to the "suit"; and (ii) Conduct and control the defense of the indemnitee in such "suit". (3) So long as the above conditions are met, attorneys' fees incurred by us in the defense of that indemnitee, necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 1.b.(b) of Section B. — Exclusions, such payments will not be deemed to be damages for "bodily injury" and "property damage" and will not reduce the Limits of Insurance. Our obligation to defend an insured's indemnitee and to pay for attorneys' fees and necessary litigation expenses as Supplementary Payments ends when: (1) We have used up the applicable limit of insurance in the payment of judgments or settlements; or (2) The conditions set forth above, or the terms of the agreement described in Paragraph (6) above, are no longer met. B. EXCLUSIONS 1. Applicable To Business Liability Coverage This insurance does not apply to: a. Expected Or Intended Injury (1) "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or -"property damage resulting from the use of reasonable force to protect persons or property; or (2) "Personal and advertising injury" arising out of an offense committed by, at the direction of or with the consent or acquiescence of the insured with the expectation of inflicting "personal and advertising injury". b. Contractual Liability (1) "Bodily injury" or "property damage"; or (2) "Personal and advertising injury" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages because of: (a) "Bodily injury" "property damage" or "personal and advertising injury" that the insured would have in the absence of the contract or agreement; or Form SS 00 08 04 05 Page 3 of 24 59 of 472 BUSINESS LIABILITY COVERAGE FORM (b) "Bodily injury' or "property damage" assumed in a contract or agreement that is an "insured contract", provided the "bodily injury" or "property damage" occurs subsequent to the execution of the contract or agreement. Solely for the purpose of liability assumed in an "insured contract", reasonable attorneys' fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of "bodily injury" or "property damage" provided: (i) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same"insured contract', and (ii) Such attorneys' fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. c. Liquor Liability "Bodily injury' or "property damage" for which any insured may be held liable by reason of: (1) Causing or contributing to the intoxication of any person; (2) The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages. This exclusion applies only if you are in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages. d. Workers' Compensation And Similar Laws Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. e. Employer's Liability "Bodily injury" to: (1) An "employee" of the insured arising out of and in the course of: (a) Employment by the insured; or (3) (b) Performing duties related to the conduct of the insured's business, or (2) The spouse, child, parent, brother or sister of that "employee" as a consequence of (1) above. This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an "insured contract". f. Pollution (1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants": (a) At or from any premises, site or location which is or was at any time owned or occupied by, or rented or loaned to any insured. However, this subparagraph does not apply to: (i) "Bodily injury" if sustained within a building and caused by smoke, fumes, vapor or soot produced by or originating from equipment that is used to heat, cool or dehumidify the building, or equipment that is used to heat water for personal use, by the building's occupants or their guests; (ii) . "Bodily injury" or "property damage" for which you may be held liable, if you are a contractor and the owner or lessee of such premises, site or location has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at that premises, site or location and such premises, site or location is not and never was owned or occupied by, or rented or loaned to, any insured, other than that additional insured; or Page 4 of 24 Form SS 00 08 04 05 60 of 472 BUSINESS LIABILITY COVERAGE FORM (iii) "Bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire"; (b) At or from any premises, site or location which is or was at any time used by or for any insured or others for the handling, storage, disposal, processing or treatment of waste; (c) Which are or were at any time transported, handled, stored, treated, disposed of, or processed as waste by or for: (i) Any insured; or (ii) Any person or organization for whom you may be legally responsible; (d) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the "pollutants" are brought on or to the premises, site or location in connection with such operations by such insured, contractor or subcontractor. However, this subparagraph does not apply to: (i) "Bodily injury" or "property damage" arising out of the escape of fuels; lubricants or other operating fluids which are needed to perform the normal electrical, hydraulic or mechanical functions necessary for the operation of "mobile equipment" or its parts, if such fuels, lubricants or other operating fluids escape from a vehicle part designed to hold, store or receive them. This exception does not apply if the "bodily injury" or "property damage" arises out of the intentional discharge, dispersal or release of the fuels, lubricants or other operating fluids, or if such fuels, lubricants or other operating fluids are brought on or to the premises, site or location with the intent that they be discharged, dispersed or released as part of the operations being performed by such insured, contractor or subcontractor; (ii) "Bodily injury" or "property damage" sustained within a building and caused by the release of gases, fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor; or (iii) "Bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire"; or (e) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants". (2) Any loss, cost or expense arising out of any: Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or (b) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". However, this paragraph does not' apply to liability for damages because of "property damage" that the insured would have in the absence of such request, demand, order or statutory or regulatory requirement, or such claim or "suit" by or on behalf of a governmental authority. (a) Form SS 00 08 04 05 Page 5 of 24 61 of 472 BUSINESS LIABILITY COVERAGE FORM 0. Aircraft, Auto Or Watercraft "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading". This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage" involved the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to: (1) A watercraft while ashore on premises you own or rent; (2) A watercraft you do not own that is: (a) Less than 51 feet long; and (b) Not being used to carry persons for a charge; (3) Parking an "auto" on, or on the ways next to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the insured; (4) Liability assumed under any "insured contract" for the ownership, maintenance or use of aircraft or watercraft; (5) "Bodily injury" or "property damage" arising out of the operation of any of the equipment listed in Paragraph f.(2) or f.(3) of the definition of "mobile equipment"; or (6) An aircraft that is not owned by any insured and is hired, chartered or loaned with a paid crew. However, this exception does not apply if the insured has any other insurance for such "bodily injury" or "property damage", whether the other insurance is primary, excess, contingent or on any other basis. h. Mobile Equipment "Bodily injury" or "property damage" arising out of: (1) The transportation of "mobile equipment" by an "auto" owned or operated by or rented or loaned to any insured; or (2) The use of "mobile equipment" in, or while in practice or preparation for, a prearranged racing, speed or demolition contest or in any stunting activity. i. War "Bodily injury", "property damage" or "personal and advertising injury", however caused, arising, directly or indirectly, out of: j (1) (2) (3) War, including undeclared or civil war; Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. Professional Services "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or failure to render any professional service. This includes but is not limited to: (1) Legal, accounting or advertising services; (2) Preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; (3) Supervisory, inspection, architectural or engineering activities; (4) Medical, surgical, dental, x-ray or nursing services treatment, advice or instruction; (5) Any health or therapeutic service treatment, advice or instruction; (6) Any service, treatment, advice or instruction for the purpose of appearance or skin enhancement, hair removal or replacement or personal grooming; Optical or hearing aid services including the prescribing, preparation, fitting, demonstration or distribution of ophthalmic lenses and similar products or hearing aid devices; (7) Page 6 of 24 Form SS 00 08 04 05 62 of 472 BUSINESS LIABILITY COVERAGE FORM (8) Optometry or optometric services including but not limited to examination of the eyes and the prescribing, preparation, fitting,demonstration or distribution of ophthalmic lenses and similar products; (9) Any: (a) Body piercing (not including ear piercing); (b) Tattooing, including but not limited to the insertion of pigments into or under the skin; and (c) Similar services; (10) Services in the practice of pharmacy; and (11) Computer consulting, design or programming services, including web site design. Paragraphs (4) and (5) of this exclusion do not apply to the Incidental Medical Malpractice coverage afforded under Paragraph 1.e. in Section A. _ Coverages. k. Damage To Property "Property damage" to: (1) Property you own, rent or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; (3) Property loaned to you; (4) Personal property in the care, custody or control of the insured; (5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to premises, including the contents of such premises, rented to you for a period of 7 or fewer consecutive days. A separate Limit of Insurance applies to Damage To Premises Rented To You as described in Section D. - Limits Of insurance. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (3) and (4) of this exclusion do not apply to the use of elevators. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraphs (3) and (4) of this exclusion do not apply to "property damage" to borrowed equipment while not being used to perform operations at a job site. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products -completed operations hazard". I. Damage To Your Product "Property damage" to "your product" arising out of it or any part of it. m. Damage To Your Work "Property damage" to "your work" arising out of it or any part of it and included in the "products -completed operations hazard": This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. n. Damage To Impaired Property Or Property Not Physically Injured "Property damage" to "impaired property" or property that has not been physically injured, arising out of: (1) A defect, deficiency, inadequacy or dangerous condition in "your product" or "your work"; or (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to "your product" or "your work" after it has been put to its intended use. Form SS 00 08 04 05 Page 7 of 24 63 of 472 BUSINESS LIABILITY COVERAGE FORM p• o. Recall Of Products, Work Or impaired Property Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of; (1) "Your product"; (2) "Yourwork"; or (3) "Impaired property"; if such product, work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. Personal And Advertising Injury "Personal and advertising injury"; (1) Arising out of oral, written or electronic publication of material, if done by or at the direction of the insured with knowledge of its falsity; (2) Arising out of oral, written or electronic publication of material whose first publication took place before the beginning of the policy period; (3) Arising out of a criminal act committed by or at the direction of the insured; (4) Arising out of any breach of contract, except an implied contract to use another's "advertising idea" in your "advertisement"; Arising out of the failure of goods, products or services to conform with any statement of quality or performance made in your "advertisement"; (6) Arising out of the wrong description of the price of goods, products or services; (7) Arising out of any violation of any intellectual property rights such as copyright, patent, trademark, trade name, trade secret, service mark or other designation of origin or authenticity. However, this exclusion does not apply to infringement, in your "advertisement", of (a) Copyright; (b) Slogan, unless the slogan is also a trademark, trade name, service mark or other designation of origin or authenticity; or (5) (c) Title of any literary or artistic work; (8) Arising out of an offense committed by an insured whose business is; (a) Advertising, broadcasting, publishing or telecasting; (b) Designing or determining content of web sites for others; or (c) An Internet search, access, content or service provider. However, this exclusion does not apply to Paragraphs a., b. and c. under the definition of "personal and advertising injury" in Section G. — Liability And Medical Expenses Definitions. For the purposes of this exclusion, placing an "advertisement" for or linking to others on your web site, by itself, is not considered the business of advertising, broadcasting, publishing or telecasting; Arising out of an electronic chat room or bulletin board the insured hosts, owns, or over which the insured exercises control; (10) Arising out of the unauthorized use of another's name or product in your e-mail address, domain name or metatags, or any other similar tactics to mislead another's potential customers; (11) Arising out of the violation of a person's right of privacy created by any state or federal act. However, this exclusion does not apply to liability for damages that the insured would have in the absence of such state or federal act; (12) Arising out of: (a) An "advertisement" for others on your web site; (b) Placing a link to a web site of others on your web site; (c) Content from a web site of others displayed within a frame or border on your web site. Content includes information, code, sounds, text, graphics or images; or (d) Computer code, software or programming used to enable: (i) Your web site; or (ii) The presentation or functionality of an "advertisement" or other content on your web site; (9) Page 8 of 24 Form SS 00 08 04 05 64 of 472 BUSINESS LIABILITY COVERAGE FORM (13) Arising out of a violation of any anti- trust law; (14) Arising out of the fluctuation in price or value of any stocks, bonds or other securities; or (15) Arising out of discrimination or humiliation committed by or at the direction of any "executive officer, director, stockholder, partner or member of the insured. q. Electronic Data Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate "electronic data", r. Employment -Related Practices "Bodily injury" or "personal and advertising injury" to: (1) A person arising out of any: (a) Refusal to employ that person; (b) Termination of that person's employment; or (c) Employment -related practices, policies, acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation or discrimination directed at that person; or (2) The spouse, child, parent, brother or sister of that person as _ .a consequence of "bodily injury" or "personal and advertising injury" to the person at whom any of the employment -related practices described in Paragraphs (a), (b), or (c) above is directed. This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. s. Asbestos (1) "Bodily injury" "property damage" or "personal and advertising injury" arising out of the "asbestos hazard". (2) Any damages, judgments, settlements, loss, costs or expenses that: (a) May be awarded or incurred by reason of any claim or suit alleging actual or threatened injury or damage of any nature or kind to persons or property which would not have occurred in whole or in part but for the "asbestos hazard"; (b) Arise out of any request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, encapsulate, contain, treat, detoxify or neutralize or in any way respond to or assess the effects of an "asbestos hazard"; or (c) Arise out of any claim or suit for damages because of testing for, monitoring, cleaning up, removing, encapsulating, containing, treating, detoxifying or neutralizing or in any way responding to or assessing the effects of an "asbestos hazard". t. Violation Of Statutes That Govern E- Mails, Fax, Phone Calls Or Other Methods Of Sending Material Or Information "Bodily injury", "property damage", or "personal and advertising injury" arising directly or indirectly out of any action or omission that violates or is alleged to violate: (1) The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; (2) The CAN-SPAM Act of 2003, including any amendment of or addition to such law; or Any statute, ordinance or regulation, other than the TCPA or CAN-SPAM Act of 2003, that prohibits or limits the sending, transmitting, communicating or distribution of material or information. Damage To Premises Rented To You — Exception For Damage By Fire, Lightning or Explosion Exclusions c. through h. and k. through o. do not apply to damage by fire, lightning or explosion to premises rented to you or temporarily occupied by you with permission of the owner. A separate Limit of Insurance applies to this coverage as described in Section D. - Liability And Medical Expenses Limits Of Insurance. (3) Form SS 00 08 04 05 Page 9 of 24 65 of 472 BUSINESS LIABILITY COVERAGE FORM 2. Applicable To Medical Expenses Coverage We will not pay expenses for "bodily injury": a. Any Insured To any insured, except "volunteer workers". b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. d. Workers' Compensation And Similar Laws To a person, whether or not an "employee" of any insured, if benefits for the "bodily injury" are payable or must be provided under a workers' compensation or disability benefits law or a similar law. e. Athletics Activities To a person injured while practicing, instructing or participating in any physical exercises or games, sports or athletic contests. f. Products -Completed Operations Hazard Included with the "products -completed operations hazard". Business Liability Exclusions Excluded under Business Liability Coverage. C. WHO IS AN INSURED 1. If you are designated in the Declarations as: a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. g- e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. 2. Each of the following is also an insured: a. Employees And Volunteer Workers Your "volunteer workers" only while performing duties related to the conduct of your business, or your "employees'', other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" or "volunteer workers" are insureds for: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), or to a co -"employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co - "employee" or that "volunteer worker" as a consequence of Paragraph (1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. If you are not in the business of providing professional health care services, Paragraph (d) does not apply to any nurse, emergency medical technician or paramedic employed by you to provide such services. (2) "Property damage" to property: (a) Owned, occupied or used by, Page 10 of 24 Form SS 00 08 04 05 66 of 472 BUSINESS LIABILITY COVERAGE FORM (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your "employees", "volunteer workers", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Real Estate Manager Any person (other than your "employee" or "volunteer worker"), or any organization while acting as your real estate manager. c. Temporary Custodians Of Your Property Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Legal Representative If You Die Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this insurance. e. Unnamed Subsidiary Any subsidiary and subsidiary thereof, of yours which is a legally incorporated entity of which you own a financial interest of more than 50% of the voting stock on the effective date of this Coverage Part. The insurance afforded herein for any subsidiary not shown in the Declarations as a named insured does not apply to injury or damage with respect to which an insured under this insurance is also an insured under another policy or would be an insured under such policy but for its termination or upon the exhaustion of its limits of insurance. 3. Newly Acquired Or Formed Organization Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain financial interest of more than 50% of the voting stock, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; and b. Coverage under this provision does not apply to: (1) "Bodily injury" or "property damage" that occurred; or (2) "Personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. 4. Operator Of Mobile Equipment With respect to "mobile equipment" registered in your name under any motor vehicle registration law, any person is an insured while driving such equipment along a public highway with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the equipment, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to a co -"employee" of the person driving the equipment; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. 5. Operator of Nonowned Watercraft With respect to watercraft you do not own that is less than 51 feet long and is not being used to carry persons for a charge, any person is an insured while operating such watercraft with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the watercraft, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to a co -"employee" of the person operating the watercraft; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. 6 ; AdditoInsureds; 'When Required . By' Written Contract,:;. Written Agreement' Or' Permit' The person(s) or organization(s) identified in Paragraphs a. through f. below are additional insureds when you have agreed, in a written Form SS 00 08 04 05 Page 11 of 244 67 of 472 BUSINESS LIABILITY COVERAGE FORM contract, written agreement or because of a permit issued by a state or political subdivision, that such person or organization be added as an additional insured on your policy, provided the injury or damage occurs subsequent to the execution of the contract or agreement, or the issuance of the permit. A person or organization is an additional insured under this provision only for that period of time required by the contract, agreement or permit. However, no such person or organization is an additional insured under this provision if such person or organization is included as an additional insured by an endorsement issued by us and made a part of this Coverage Part, including all persons or organizations added as additional insureds under the specific additional insured coverage grants in Section F. - Optional Additional insured Coverages. a. Vendors Any person(s) or organization(s) (referred to below as vendor), but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business and only if this Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products -completed operations hazard". (1) The insurance afforded to the vendor is subject to the following additional exclusions: This insurance does not apply to: (a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you; Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (c) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (i) The exceptions contained in Subparagraphs (d) or (f); or (ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. b. Lessors Of Equipment (1) Any person or organization from whom you lease equipment; but only with respect to their liability for "bodily injury" "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. (e) (g) Page 12 of 24 Form SS 00 08 04 05 68 of 472 BUSINESS LIABILITY COVERAGE FORM (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after you cease to lease that equipment. c. Lessors Of Land Or Premises (1) Any person or organization from whom you lease land or premises, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land or premises leased to you. (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to: (a) Any "occurrence" which takes place after you cease to lease that land or be a tenant in that premises; or (b) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. d. Architects, Engineers Or Surveyors (1) Any architect, engineer, or surveyor, 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: (a) In connection with your premises; or (b) In the performance of your ongoing operations performed by you or on your behalf. (2) With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, including: (a) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (b) Supervisory, inspection, architectural or engineering activities. e. Permits Issued By State Or Political Subdivisions (1) Any state or political subdivision, but only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to: (a) "Bodily injury" "property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality; or (b) "Bodily injury" or "property damage" included within the "products - completed operations hazard". f. Any Other Party (1) Any other person or organization who is not an insured under Paragraphs a. through e. above, 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: (a) In the performance of your ongoing operations; (b) In connection with your premises owned by or rented to you; or In connection with "your work" and included within the "products - completed operations hazard'', but only if (c) The written contract or written agreement requires you to provide such coverage to such additional insured; and (il) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products - completed operations hazard". (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to: "Bodily, injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (i) Form SS 00 08 04 05 Page 13 of 24 69 of 472 BUSINESS LIABILITY COVERAGE FORM (a) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (b) Supervisory, inspection, architectural or engineering activities. The limits of insurance that apply to additional insureds are described in Section D. — Limits Of Insurance. How this insurance applies when other insurance is available to an additional insured is described in the Other Insurance Condition in Section E. — Liability And Medical Expenses General Conditions. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE 1. The Most We Will Pay The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 2. Aggregate Limits The most we will pay for: a. Damages because of "bodily injury" and "property damage" Included in the "products -completed operations hazard" is the Products -Completed Operations -Aggregate Limit shown in the Declarations. b. Damages because of all other "bodily injury", "property damage" or "personal and advertising injury", including medical expenses, is the General Aggregate Limit shown in the Declarations. This General Aggregate Limit applies separately to each of your "locations" owned by or rented to you. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway or right-of-way of a railroad. This General Aggregate limit does not apply to "property damage" to premises while rented to you or temporarily occupied by you with permission of the owner, arising out of fire, lightning or explosion. 3. Each Occurrence Limit Subject to 2.a. or 2.b above, whichever applies, the most we will pay for the sum of all damages because of all "bodily injury", "property damage" and medical expenses arising out of any one "occurrence" is the Liability and Medical Expenses Limit shown in the Declarations. The most we will pay for all medical expenses because of "bodily injury" sustained by any one person is the Medical Expenses Limit shown in the Declarations. 4. Personal And Advertising Injury Limit Subject to 2.b. above, the most we will pay for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization is the Personal and Advertising Injury Limit shown in the Declarations. 5. Damage To Premises Rented To You Limit The Damage To Premises Rented To You Limit is the most we will pay under Business Liability Coverage for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning or explosion, while rented to you or temporarily occupied by you with permission of the owner. In the case of damage by fire, lightning or explosion, the Damage to Premises Rented To You Limit applies to all damage proximately caused by the same event, whether such damage results from fire, lightning or explosion or any combination of these. 6. How Limits Apply To Additional Insureds The most we will pay on behalf of a person or organization who is an additional insured under this Coverage Part is the lesser of: a. The limits of insurance specified in a written contract, written agreement or permit issued by a state or political subdivision; or b. The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to the Limits of Insurance shown in the Declarations and described in this Section, Page 14 of 24 Form SS 00 08 04 05 70 of 472 BUSINESS LIABILITY COVERAGE FORM If more than one limit of insurance under this policy and any endorsements attached thereto applies to any claim or "suit", the most we will pay under this policy and the endorsements is the single highest limit of liability of all coverages applicable to such claim or "suit". However, this paragraph does not apply to the Medical Expenses limit set forth in Paragraph 3. above. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. Notice Of Occurrence Or Offense You or any additional insured must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and The nature and location of any injury or damage arising out of the "occurrence" or offense. (3) b. Notice Of Claim If a claim is made or "suit" is brought against any insured, you or any additional insured must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You or any additional insured must see to it that we receive a written notice of the claim or "suit" as soon as practicable. c. Assistance And Cooperation Of The Insured You and any other involved insured must: (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit"; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation, settlement of the claim or defense against the "suit"; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization that may be liable to the insured because of injury or damage to which this insurance may also apply. d. Obligations At The Insured's Own Cost No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. e. Additional Insured's Other Insurance If we cover a claim or "suit" under this Coverage Part that may also be covered by other insurance available to an additional insured, such additional insured must submit such claim or "suit" to the other insurer for defense and indemnity. However, this provision does not apply to the extent that you have agreed in a written contract, written agreement or permit that this insurance is primary and non-contributory with the additional insured's own insurance. f. Knowledge Of An Occurrence, Offense, Claim Or Suit Paragraphs a. and b. apply to you or to any additional insured only when such "occurrence", offense, claim or "suit" is known to: (1) You or any additional insured that is an individual; (2) Any partner, if you or an additional insured is a partnership; (3) Any manager, if you or an additional insured is a limited liability company; (4) Any "executive officer" or insurance manager, if you or an additional insured is a corporation; (5) Any trustee, if you or an additional insured is a trust; or (6) Any elected or appointed official, if you or an additional insured is a political subdivision or public entity. Form SS 00 08 04 05 Page 15 of 24 71 of 472 BUSINESS LIABILITY COVERAGE FORM This Paragraph f. applies separately to you and any additional insured. 3. Financial Responsibility Laws a. When this policy is certified as proof of financial responsibility for the future under the provisions of any motor vehicle financial responsibility law, the insurance provided by the policy for "bodily injury" liability and "property damage" liability will comply with the provisions of the law to the extent of the coverage and limits of insurance required by that law. b. With respect to "mobile equipment" to which this insurance applies, we will provide any liability, uninsured motorists, underinsured motorists, no-fault or other coverage required by any motor vehicle law. We will provide the required limits for those coverages. 4. Legal Action Against Us No person or organization has a right under this Coverage Form: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Form unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this insurance or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 5. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this policy to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom a claim is made or "suit" is brought. 6. Representations a. When You Accept This Policy By accepting this policy, you agree: (1) The statements in the Declarations are accurate and complete; (2) Those statements are based upon representations you made to us; and (3) We have issued this policy in reliance upon your representations. b. Unintentional Failure To Disclose Hazards If unintentionally you should fail to disclose all hazards relating to the conduct of your business at the inception date of this Coverage Part, we shall not deny any coverage under this Coverage Part because of such failure. 7. Other lnsurance If other valid and collectible insurance is available for a loss we cover under this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. b. Excess Insurance This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis: (1) Your Work That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (2) Premises Rented To You That is fire, lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; (3) Tenant Liability That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; (4) Aircraft, Auto Or Watercraft If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section A. — Coverages. Property Damage To Borrowed Equipment Or Use Of Elevators If the loss arises out of "property damage" to borrowed equipment or the use of elevators to the extent not subject to Exclusion k. of Section A. — Coverages. (5) Page 16 of 24 Form SS 00 08 04 05 72 of 472 BUSINESS LIABILITY COVERAGE FORM (6) When You Are Added As An Additional Insured To Other Insurance That is other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance; or (7) When You Add Others As An Additional Insured To This Insurance That is other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this Coverage Part: • ((a)a;Pnmary tnnsurance) ,�Wlten (Re uIred By Contract) This insurance is primary if you have agreed in a written contract, written agreement or permit that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. (b) Pri ary;'And,Non-Contrbutoryr (To) (Other.Insurar ce)(When' Re, tt�red By.Contractj If you have agreed in a written contract, written agreement or permit that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty under this Coverage Part to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self - insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 8. Transfer Of Rights Of Recovery Against Others To Us a, Transfer Of Rights Of Recovery If the insured has rights to recover all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair thern. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. This condition does not apply to Medical Expenses Coverage. Waiver. Of Rights =Of Recovery., (Waiver. Of'Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including: Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage. Form SS 00 08 04 05 Page 17 of 24 73 of 472 BUSINESS LIABILITY COVERAGE FORM F. OPTIONAL ADDITIONAL INSURED COVERAGES If listed or shown as applicable in the Declarations, one or more of the following Optional Additional Insured Coverages also apply. When any of these Optional Additional Insured Coverages apply, Paragraph 6. (Additional Insureds When Required by Written Contract, Written Agreement or Permit) of Section C., Who Is An Insured, does not apply to the person or organization shown in the Declarations. These coverages are subject to the terms and conditions applicable to Business Liability Coverage in this policy, except as provided below: 1. Additional Insured - Designated Person Or Organization WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations, 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: a. In the performance of your ongoing operations; or b. In connection with your premises owned by or rented to you. 2. Additional Insured - Managers Or Lessors Of Premises a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations as an Additional Insured - Designated Person Or Organization; but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and shown in the Declarations. b. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: (1) Any "occurrence" which takes place after you cease to be a tenant in that premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. 3. Additional Insured - Grantor Of Franchise WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations as an Additional insured - Grantor Of Franchise, but only with respect to their liability as grantor of franchise to you. 4. Additional Insured - Lessor Of Leased Equipment a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations as an Additional Insured — Lessor of Leased Equipment, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). b. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after you cease to lease that equipment. 5. Additional Insured - Owners Or Other Interests From Whom Land Has Been Leased a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations as an Additional Insured — Owners Or Other Interests From Whom Land Has Been Leased, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land leased to you and shown in the Declarations. b. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: (1) Any "occurrence" that takes place after you cease to lease that land; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. 6. Additional Insured - State Or Political Subdivision — Permits a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the state or political subdivision shown in the Declarations as an Additional Page 18 of 24 Form SS 00 08 04 05 74 of 472 BUSINESS LIABILITY COVERAGE FORM Insured — State Or Political Subdivision - Permits, but only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. b. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: (1) "Bodily injury", "property damage" or "personal and advertising injury' arising out of operations performed for the state or municipality; or (2) "Bodily injury" or "property damage" included in the "product -completed operations" hazard. 7. Additionallnsured—Vendors a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) (referred to below as vendor) shown in the Declarations as an Additional Insured - Vendor, but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business and only if this Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products -completed operations hazard". b. The insurance afforded to the vendor is subject to the following additional exclusions: (1) This insurance does not apply to: (a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (g) The exceptions contained in Subparagraphs (d) or (f); or (li) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the prod ucts. (2) This insurance does not apply to any insured person or organization from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. 8. Additional Insured — Controlling Interest WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations as an Additional Insured — Controlling Interest, but only with respect to their liability arising out of: a. Their financial control of you; or b. Premises they own, maintain or control while you lease or occupy these premises. (i) Forrn SS 00 08 04 05 Page19of24 75 of 472 BUSINESS LIABILITY COVERAGE FORM This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. 9. Additional Insured — Owners, Lessees Or Contractors — Scheduled Person Or Organization a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations as an Additional Insured — Owner, Lessees Or Contractors, 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 for the additional insured(s); or (2) In connection with "your work" performed for that additional insured and included within the "products - completed operations hazard", but only if this Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products -completed operations hazard". b. With respect to the insurance afforded to these additional insureds, this insurance does not apply to "bodily injury", "property damage" or "personal an advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. 10. Additional Insured — Co -Owner Of Insured Premises WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or Organization(s) shown in the Declarations as an Additional Insured — Co - Owner Of Insured Premises, but only with respect to their liability as co-owner of the premises shown in the Declarations. The limits of insurance that apply to additional insureds are described in Section D. — Limits Of Insurance. How this insurance applies when other insurance is available to an additional insured is described in the Other Insurance Condition in Section E. — Liability And Medical Expenses General Conditions. G. LIABILITY AND MEDICAL EXPENSES DEFINITIONS 1. "Advertisement" means the widespread public dissemination of information or images that has the purpose of inducing the sale of goods, products or services through: a. (1) Radio; (2) Television; (3) Billboard; (4) Magazine; (5) Newspaper; b. The Internet, but only that part of a web site that is about goods, products or services for the purposes of inducing the sale of goods, products or services; or c. Any other publication that is given widespread public distribution. However, "advertisement" does not include: a. The design, printed material, information or images contained in, on or upon the packaging or labeling of any goods or products; or b. An interactive conversation between or among persons through a computer network. 2. "Advertising idea" means any idea for an "advertisement". 3, "Asbestos hazard" means an exposure or threat of exposure to the actual or alleged properties of asbestos and includes the mere presence of asbestos in any form. 4. "Auto" means a land motor vehicle, trailer or semi -trailer designed for travel on public roads, including any attached machinery or equipment. But "auto" does not include "mobile equipment". 5. "Bodily injury" means physical: a, Injury; b. Sickness; or c. Disease sustained by a person and, if arising out of the above, mental anguish or death at any time. 6. "Coverage territory' means: Page 20 of 24 Form SS 00 08 04 05 76 of 472 BUSINESS LIABILITY COVERAGE FORM a. The United States of America (including its territories and possessions), Puerto Rico and Canada; b. International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in a. above; c. All other parts of the world if the injury or damage arises out of: (1) Goods or products made or sold by you in the territory described in a. above; (2) The activities of a person whose home is in the territory described in a. above, but is away for a short time on your business; or "Personal and advertising injury" offenses that take place through the Internet or similar electronic means of communication provided the insured's responsibility to pay damages is determined in the United States of America (including its territories and possessions), Puerto Rico or Canada, in a "suit" on the merits according to the substantive law in such territory, or in a settlement we agree to, 7. "Electronic data" means information, facts or programs: a. Stored as or on; b. Created or used on; or c. Transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 8. "Employee" includes a "leased worker". "Employee' does not include a "temporary worker". 9. "Executive officer" means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document. 10. "Hostile fire" means one which becomes uncontrollable or breaks out from where it was intended to be. 11. "Impaired property" means tangible property, other than "your product" or "your work", that cannot be used or is less useful because: a. It incorporates "your product" or "your work" that is known or thought to be defective, deficient, inadequate or dangerous; or (3) b. You have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by: a. The repair, replacement, adjustment or removal of "your product" or "your work"; or b. Your fulfilling the terms of the contract or agreement. 12. "Insured contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning or explosion to premises while rented to you or temporarily occupied by you with permission of the owner is subject to the Damage To Premises Rented To You limit described in Section D. — Liability and Medical Expenses Limits of Insurance. b. A sidetrack agreement; c. Any easement or license agreement, including an easement or license agreement in connection with construction or demolition operations on or within 50 feet of a railroad; d. Any obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; or f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization, provided the "bodily injury" or "property damage" is caused, in whole or in part, by you or by those acting on your behalf. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. includes that part of any contract or agreement that indemnifies a railroad for "bodily injury" or "property damage" arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road -beds, tunnel, underpass or crossing. However, Paragraph f. does not include that part of any contract or agreement: Form SS 00 08 04 05 Page 21 of 24 77 of 472 BUSINESS LIABILITY COVERAGE FORM (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activities. 13. "Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker". 14, "Loading or unloading" means the handling of property: a. After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or "auto"; b. While it is in or on an aircraft, watercraft or "auto"; or c. While it is being moved from an aircraft, watercraft or "auto" to the place where it is finally delivered; but "loading or unloading" does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or "auto". 15. "Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment: a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; c. Vehicles that travel on crawler treads; d. Vehicles, whether self-propelled or not, on which are permanently mounted: (1) Power cranes, shovels, loaders, diggers or drills; or (2) Road construction or resurfacing equipment such as graders, scrapers or rollers; e. Vehicles not described in a., b., c., or d. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types; (1) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; f. Vehicles not described in a., b., c., or d. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos": (1) Equipment, of at least 1,000 pounds gross vehicle weight, designed primarily for; (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, 'lighting and well servicing equipment. 16. "Occurrence" means an accident, including continuous or repeated exposure to substantially the same general harmful conditions. 17. "Personal and advertising injury" means injury, including consequential "bodily injury", arising out of one or more of the following offenses: a, False arrest, detention or imprisonment; b. Malicious prosecution; (3) Page 22 of 24 Form SS 00 08 04 05 78 of 472 BUSINESS LIABILITY COVERAGE FORM c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that the person occupies, committed by or on behalf of its owner, landlord or lessor; d. Oral, written or electronic publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e. Oral, written or electronic publication of material that violates a person's right of privacy; f. Copying, in your "advertisement", a person's or organization's "advertising idea" or style of "advertisement"; Infringement of copyright, slogan, or title of any literary or artistic work, in your "advertisement"; or h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person. 18. "Pollutants" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. 9• 19. "Products -completed operations hazard"; a. Includes all "bodily injury" and "property damage" occurring away from premises you own or rent and arising out of "your product" or "your work" except: (1) Products that are still in your physical possession; or (2) Work that has not yet been completed or abandoned. However, "your work" will be deemed to be completed at the earliest of the following times: (a) When all of the work called for in your contract has been completed. (b) When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. (c) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. The "bodily injury" or "property damage" must occur away from premises you own or rent, unless your business includes the selling, handling or distribution of "your product" for consumption on premises you own or rent. b. Does not include "bodily injury" or "property damage" arising out of: (1) The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the "loading or unloading" of that vehicle by any insured; or (2) The existence of tools, uninstalled equipment or abandoned or unused materials, 20. "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of "occurrence" that caused it. As used in this definition, "electronic data" is not tangible property. 21. "Suit" means a civil proceeding in which damages because of "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies are alleged. "Suit" includes: a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent; or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. 22. "Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short-term workload conditions. 23. "Volunteer worker" means a person who: a. Is not your "employee"; Form SS 00 08 04 05 Page 23 of 24 79 of 472 BUSINESS LIABILITY COVERAGE FORM b. Donates his or her work; c. Acts at the direction of and within the scope of duties determined by you; and d. Is not paid a fee, salary or other compensation by you or anyone else for their work performed for you. 24. "Your product": a. Means: (1) Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (a) You; (b) Others trading under your name; or (c) A person or organization whose business or assets you have acquired; and (2) Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your product"; and (2) The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 25. "Your work": a. Means: (1) Work or operations performed by you or on your behalf; and (2) Materials, parts or equipment furnished in connection with such work or operations. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your work"; and (2) The providing of or failure to provide warnings or instructions. Page 24 of 24 Form SS 00 08 04 05 80 of 472 INSURED: AdminSure, Inc. POLICY#: 72WECNG7400 POLICY PERIOD: 01/01/2021 TO: 01/01/2022 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. k INA WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA 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.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE Person or Organization Job Description Any person or organization from whom you are required by written contract or agreement to obtain this waiver of rights from us Form WC 04 03 06 (1) Printed in U.S.A. 81 of 472 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City approving a Subordination Agreement with C Avenue 10Plex, LLC, a California limited liability company, and Pacific Premier Bank, subordinating the Deed of Trust securing the performance of an Affordable Housing Density Bonus Agreement entered into on September 25, 2019. (Housing Authority) Please scroll down to view the backup material. 82 of 472 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 15, 2021 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City approving a Subordination Agreement with Avenue 1 OPle, LLC, a California limited liability company, and Pacific Premier Bank, subordinating the Deed of Trust securing the performance of an Affordable Housing Density Bonus Agreement entered into on September 25, 2019. PREPARED BY: Greg Rose, Property Agent PHONE: 619_ -4 DEPARTMENT: Authority APPROVED BY: EXPLANATION: At the September 25, 2019 City Council meeting C Avenue 8Plex LLC "Developer " received approval of a Density Bonus Agreement `!Agreement" that obligates the developer to restrict one (1) unit as affordable. The restriction on the affordable unit is memorialized through that Agreement assuring affordability for a total of fifty-five years. A Performance Deed of Trust was also recorded to secure the Agreement on the property. This Subordination Agreement will ensure that the Density Bonus Agreement will remain superior to the Lender's Deed of Trust. The Performance Deed of Trust will be made subordinate and subject to the Lender's Deed of Trust. C Avenue 8P1ex LLC legally changed its name to C Avenue 10Plex LLC on November 23, 2020 per documents filed with the Secretary of State. FINANCIAL STATEMENT: ACCOUNT NO. N/A APPROVED: Finance APPROVED: MIS ENVIRONMENTAL REVIEW: The Subordination Agreement is not considered a project as defined by the California Environmental Quality Act (CEQA), and is therefore not subject to CEQA. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: OMMENDATION: Adopt the Resolution. BOARD I COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Subordination Agreement 2. Resolution 83 of 472 Attachment No. 1 No Fees per Government Code 6103 Recording Requested By: When Recorded Mail To: Pacific Premiere Bank 17901 Von Karman Avenue Suite 1200 Irvine, CA 92614 SUBORDINATION AGREEMENT (1821 C Avenue, National City) THIS SUBORDINATION AGREEMENT ("Subordination Agreement") is dated as of the _ day of , 2021, by the City of National City ("City"), C Avenue 10Plex LLC, a California limited liability company ("Borrower") and Pacific Premier Bank ("Lender"). RECITALS A. Borrower is the owner of that certain real property in the City of National City, County of San Diego, California ("Property"), as described in: (i) that certain Affordable Housing Density Bonus Agreement (1821 C Avenue, National City) dated as of September 25, 2019, and recorded in the Office of the County Recorder for the County of San Diego on November 5, 2019, as Instrument No. 2019-0506413 ("Density Bonus Agreement"); and (ii) that certain Deed of Trust (1821 C Avenue, National City) dated as of September 25, 2019, and recorded in the Office of the County Recorder for the County of San Diego on November 5, 2019, as Instrument No. 2019- 0506412 ("City Deed of Trust"). B. Concurrently with recordation of this Subordination Agreement, Borrower is causing a Deed of Trust ("Lender Deed of Trust") made by Borrower in favor of Lender to be recorded against the Property in the Office of the County Recorder for the County of San Diego. C. City, Lender and Borrower all agree and desire to execute this Subordination Agreement to memorialize their understanding and agreement with regard to the respective priorities of each of the above -referenced documents. It is the intention of the parties that the Density Bonus Agreement shall unconditionally continue to be and remain at all times a lien, claim and charge on the Property prior and superior to the Lender Deed of Trust and that the Lender Deed of Trust shall unconditionally be and remain at all times a lien, claim and charge on the Property prior and superior to the City Deed of Trust. NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the City, Lender and Borrower hereby agree as follows: 1 84 of 472 Attachment No. 1 AGREEMENT 1. Subordination of the Lender Deed of Trust. The Density Bonus Agreement is and will remain at all times, a lien, claim and charge on the Property prior and superior to the Lender Deed of Trust, and to all rights and privileges of Lender and Borrower thereunder; and the parties agree that the Lender Deed of Trust, together with all rights and privileges of Lender and Borrower thereunder, are hereby irrevocably and unconditionally made, subordinate to and subject to the Density Bonus Agreement; provided, however, that a violation of the Density Bonus Agreement shall not defeat, render invalid or limit the Lender Deed of Trust. 2. Subordination of the City Deed of Trust. The City Deed of Trust is hereby irrevocably and unconditionally made subordinate and subject to the Lender Deed of Trust, and to all rights and privileges of the City and Borrower thereunder; and the parties agree that the City Deed of Trust, together with all rights and privileges of the City and Borrower thereunder are hereby irrevocably and unconditionally made, subordinate to and subject to the Lender Deed of Trust. 3. Notices. City, Lender and Borrower agree to give to each other copies of all notices of events of default under their respective documents. All notices given under this Subordination Agreement shall be in writing and sent to the party at its address appearing below (a) by certified or registered U.S. mail, return receipt requested, (b) overnight by a nationally recognized overnight courier such as UPS Overnight or FedEx, or (c) by personal delivery. All notices shall be effective upon receipt (or refusal to accept delivery). These addresses may be changed by any party by written notice to all other parties. If to the City: If to Borrower: If to Lender: City of National City Attention: City Manager 1243 National City Boulevard National City, CA 91950 C Avenue 10Plex LLC c/o Keith Robinson 2801 B Street #70 San Diego, CA 92102 Pacific Premier Bank 19900 MacArthur Blvd 12th Floor Irvine, CA 92612 4. Whole Agreement; Binding Effect. This Subordination Agreement is the whole and only agreement with regard to the priority of the lien, claim and charge of the Density Bonus Agreement, the Lender Deed of Trust and the City Deed of Trust. This Subordination Agreement is binding on and inures to the benefit of the legal representatives, heirs, successors and assigns of the parties. 2 85 of 472 Attachment No. 1 5. Attorney's Fees. If any party to this Subordination Agreement brings an action to interpret or enforce its rights under this Subordination Agreement, the prevailing party will be entitled to recover its costs and reasonable attorney's fees as awarded in the action. 6. Governing Law. This Subordination Agreement is governed by, and shall be construed in accordance with, the laws of the State of California. 7. Counterparts. This Subordination Agreement may be executed in counterparts, and all counterparts constitute but one and the same document. 8. Signatures. All individuals signing this Subordination Agreement for a party which is a corporation, limited liability company, partnership or other legal entity, or signing under a power of attorney, or as a trustee, guardian, conservator, or in any other legal capacity, covenant to one another that they have the necessary capacity and authority to act for, sign and bind the respective entity or principal on whose behalf they are signing. IN WITNESS WHEREOF, the parties have executed this Subordination Agreement as of the date first set forth above and agree to be bound hereby. LENDER: Pacific Premier Bank By: Print Name: Its: [SIGNATURES CONTINUED ON FOLLOWING PAGE] 86 of 472 Attachment No. 1 BORROWER: C Avenue 10Plex LLC By: Keith Robinson, Manager [SIGNATURES CONTINUED ON FOLLOWING PAGE] 4 87 of 472 Attachment No. 1 CITY: City of National City By: Brad Raulston, City Manager APPROVED AS TO FORM: Charles Bell Jr., City Attorney By: Jennifer K. Gilman Deputy City Attorney _5 88 of 472 Attachment No. 1 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego On , 2021, before me, , notary public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 6 89 of 472 Attachment No. 1 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego ) ) ) On , 2021, before me, , notary public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 7 90 of 472 Attachment No. 1 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego On , 2021, before me, , notary public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 8 91 of 472 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City approving an Affordable Housing Density Bonus Agreement with 129 NCB, LLC, for the development of 14 units located at 129 National City Boulevard and restricting the rent and occupancy of two (2) units to very low-income households in exchange for a density bonus pursuant to California Government Code Sections 65915 - 65918. (Housing Authority) Please scroll down to view the backup material. 92 of 472 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 15, 201. AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City approving an Affordable Housing Density Bonus Agreement with 129 NCB, LLC, for the development of 14 units located at 129 National City Boulevard and restricting the rent and occupancy of two (2) units to very low-income households in exchange for a density bonus pursuant to California Government Code Sections 65915 - 65918. PREPARED BY: ;Greg Rose, Property Agent PHONE: 19--426 EXPLANATION: 129 NCB LLC (Developer) wants to develop their property located at 129 National City Boulevard. Current zoning allows for the construction of 10 units by right. The Developer will restrict the rent and occupancy of two (2) units to very low-income households (below 50% of area median income) in exchange for a density bonus of 35% mandated by California Government Code Sections 65915 65918, which will allow the construction of an additional 4 units for a total of 14 units on the property. The Affordable Density Housing Bonus Agreement ("Agreement") will serve to memorialize the Developer's obligation to provide the two affordable units and the restriction of the affordable units by the recordation of this Agreement assuring affordability for a total of 55 years. A Performance Deed of Trust will also be recorded to secure the Agreement on the property. The Background Report provides FINANCIAL STATEMENT: ACCOUNT NO. N/A DEPARTMENT: .o sing Au - . rity APPROVED BY: APPROVED: Finance APPROVED: MIS ENVIRONMENTAL REVIEW: The Density Bonus Agreement is not considered a project as defined by the California Environmental Quality Act (CEQA), and is therefore not subject to CEt A. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution. BOARD 1 COMMISSION RECOMMENDATION: NIA ATTACHMENTS: 1. Background Report and Site Plan 2. Affordable Housing Density Bonus Agreement 3. Performance Deed of Trust 4. Resolution 93 of 472 Attachment No. 1 BACKGROUND REPORT California's Density Bonus Law is a mechanism which allows developers to obtain more favorable local development requirements in exchange for offering to build or donate land for affordable or senior units. The Density Bonus Law (found in California Government Code Sections 65915 — 65918) provides developers with powerful tools to encourage the development of affordable and senior housing, including up to a 35% increase in project densities, depending on the amount of affordable housing provided. The Density Bonus Law is about more than the density bonus itself, however. It is actually a larger package of incentives intended to help make the development of affordable and senior housing economically feasible. Other tools include reduced parking requirements, and incentives and concessions such as reduced setback and minimum square footage requirements. Often these other tools are even more helpful to project economics than the density bonus itself, particularly the special parking benefits. Sometimes these incentives are sufficient to make the project pencil out, but for other projects financial assistance is necessary to make the project feasible. In determining whether a development project would benefit from becoming a density bonus project, developers also need to be aware that: • The Density Bonus is a state mandate. A developer who meets the requirements of the state law is entitled to receive the density bonus and other benefits as a matter of right. As with any state mandate, some local governments will resist complying with the state requirement. But many local governments favor the density bonus as a helpful tool to cut through their own land use requirements and local political issues. • Use of a density bonus may be particularly helpful in those jurisdictions that impose inclusionary housing requirements for new developments. • Special development bonuses are available for developers of commercial projects who partner with affordable housing developers to provide onsite or offsite affordable housing. Special bonuses are also available for condominium conversion projects and projects that include child care facilities. • The Legislature has recently added density bonuses for housing developments for foster youth, disabled veterans, homeless persons and college students. Cities and counties are required to grant a density bonus and other incentives or concessions to housing projects which contain one of the following: • At least 5% of the housing units are restricted to very low income residents. • At least 10% of the housing units are restricted to lower income residents. • At least 10% of the housing units in a for -sale common interest development are restricted to moderate income residents. • At least 10% of the housing units are for transitional foster youth, disabled veterans or homeless persons, with rents restricted at the very low income level. • At least 20% of the housing units are for low income college students in housing dedicated for full-time students at accredited colleges. • The project donates at least one acre of land to the city or county for very low income units, and the land has the appropriate general plan designation, zoning, permits and approvals, and access to public facilities needed for such housing. Background Report Page 1 of 2 94 of 472 Attachment No. 1 • The project is a senior citizen housing development (no affordable units required). • The project is a mobile home park age -restricted to senior citizens (no affordable units required). Affordable rental units must be restricted by an agreement which sets maximum incomes and rents for those units. As of January 1, 2015, the income and rent restrictions must remain in place for a 55 year term for very low or lower income units. Rents must be restricted as follows: • For very low income units, rents may not exceed 30% x 50% of the area median income for a household size suitable for the unit. • For lower income units, rents may not exceed 30% x 60% of the area median income for a household size suitable for the unit. • Area median income is determined annually by regulation of the California Department of Housing and Community Development, based upon median income regulations adopted by the U.S. Department of Housing and Urban Development. • Rents must include a reasonable utility allowance. • Household size appropriate to the unit means 1 for a studio unit, 2 for a one bedroom unit, 3 for a two bedroom unit, 4 for a three bedroom unit, etc. In many cases, achieving a reduction in parking requirements may be more valuable than the additional permitted units. The Density Bonus Law is often used by developers to obtain more housing than the local jurisdiction would ordinarily permit, it can also be a helpful land use tool. The density bonus can provide a useful mechanism for increasing allowable density without requiring local officials to approve general plan amendments and zoning changes. A project that satisfies the requirements of the Density Bonus Law often can obtain the necessary land use approvals through the award of the density bonus units and requested concessions and incentives, without having to amend the underlying land use requirements. Although there is no specific density bonus exemption from the California Environmental Quality Act, many density bonus projects are likely candidates for urban infill and affordable housing exemptions from CEQA. One commonly invoked exemption is the Class 32 urban infill exemption found in CEQA Guidelines Section 15332. That exemption is available if the project is consistent with applicable general plan designation and zoning, the site is five acres or less and surrounded by urban uses, is not habitat for endangered, rare or threatened species, does not have any significant effects relating to traffic, noise, air quality or water quality, and is adequately served by utilities and public services. Other exemptions are available for high density housing projects near major transit stops (CEQA Guidelines Section 15195) and affordable housing projects of up to 100 units (CEQA Guidelines Section 15194). The site plans for the apartment project at 129 National City Boulevard start on the following page. Background Report Page 2 of 2 95 of 472 40'-0" PL TO CL NATIONAL CITY BLVD SITE PLAN CURB TO PL SDGE TRANSFORMER L • MIN DISTANCE OF PROJ. FROM PL = 24" + 8" PER 1' OF FSD BEYOND 3' PER CBC TABLE 705.2 REQUIRED: 24" +8" x (4.5-3) = 24" + 12"= 36.0" = 3'-10 5/8" MIN DISTANCE FROM PL PROVIDED: 3'-1" (COMPLIES) 0 03 09 EX. BLOCK WALL PAD 6'-11 1/4" ><' n 11 -9 3/4" COVERED DRIVEWAY BUILDING 1 3 STORIES ENTRY 09 • 06 \ \ \ \ \ \ \ \ \ \ \ \ \ \ \\\\\\ \\\\fff EXISTING 1 STORY BUILDING \\\\\\\\\\\\ X x !1 t8 rt dill 1--.-•1111i_ li�ill■ • •=•=�•MMEDt7nr • • I 06 INN MIEN 07 ■=■II■•i■1MM11M IMITIELIMfl ' I ' 11: 01 23 100.34' 03 06 COVERED PARKING 09 BUILDING 2 3 STORIES 14 MIN DISTANCE OF PROJ. FROM PL =24"+8"PER1'OFFSDBEYOND3' PER CBC TABLE 705.2 REQUIRED: 24" +8" x (5.1-3) = 24" + 16.8"= 40.8" = 3'-4 5/8" MIN DISTANCE FROM PL PROVIDED: 3'-6" (COMPLIES) 1 /8" =1'-0" SITE PLAN NOTES 1. SEE CIVIL PLANS FOR GRADING AND DRAINAGE INFORMATION. 2. PER MXC-2 ZONE NO SETBACKS REQUIRED AT FRONT, SIDE , AND REAR PROPERTY LINES FIRE DEPARTMENT NOTES 1. NEW AND EXISTING BUILDINGS SHALL HAVE APPROVED ADDRESS NUMBERS, BUILDING NUMBERS OR APPROVED BUILDING IDENTIFICATION PLACED IN A POSITION THAT IS PLAINLY LEGIBLE AND VISIBLE FROM THE STREET OR ROAD FRONTING THE PROPERTY. THESE NUMBERS SHALL CONTRAST IN COLOR TO BACKGROUND. NUMBERS SHALL BE A MINIMUM OF 4" HIGH WITH A MINIMUM STROKE WIDTH OF 1/2". CFC 505.1. 2. WHERE ACCESS TO OR WITHIN A STRUCTURE OR AN AREA IS RESTRICTED BECAUSE OF SECURED OPENINGS OR WHERE IMMEDIATE ACCESS IS NECESSARY FOR LIFE-SAVING OR FIRE -FIGHTING PURPOSES, THE FIRE CODE OFFICIAL IS AUTHORIZED TO REQUIRE A KEY BOX TO BE INSTALLED IN AN APPROVED LOCATION. THE KEY BOX SHALL BE OF AN APPROVED TYPE AND SHALL CONTAIN KEY(S) TO GAIN NECESSARY ACCESS AS REQUIRED BY THE FIRE CODE OFFICIAL. CFC 503.6. 3. WHEN SPRINKLERS ARE REQUIRED, SUBMIT FIRE SPRINKLER TENANT IMPROVEMENT PLANS TO FIRE DEPARTMENT FOR APPROVAL PRIOR TO INSTALLATION. CFC 901.4 4. PORTABLE FIRE EXTINGUISHER(S) SHALL BE INSTALLED AND MAINTAINED IN ACCORDANCE WITH CFC 906, TABLE 906.3(1) AND CHAPTER 3, TITLE 19 CCR. 5. THIS PROJECT WILL BE IN COMPLIANCE WITH THE CURRENT EDITIONS OF NFPA, CFC, TITLE 19 AND LOCAL CITY OF NATIONAL CITY MUNICIPAL CODES. 6. REQUESTS FOR INSPECTIONS SHALL BE MADE 48 HOURS IN ADVANCE. INSPECTIONS SHALL BE MADE ONCE WORK IS COMPLETE, UTILIZING APPROVED AND STAMPED PLANS. CONTRACTOR SHALL BE REQUIRED TO HAVE THE APPROVED PLANS ON SITE PER CODE. SITE PLAN LEGEND LANDSCAPED AREA NO PARKING ZONE PROPOSED BUILDING XX PROPERTY LINE SETBACK LINE OUTLINE OF ROOF OR BALCONY ABOVE OUTLINE OF FLOOR ABOVE CENTERLINE OF PUBLIC ROAD SW- EXISTING SEWER MAIN WM EXISTING WATER MAIN EXISTING GAS MAIN GM 01 IOi 6- TW BW EG FG FFE ROW TYP UNO KEYNOTE; SEE KEYNOTE LEGEND DIRECTION OF TRAVEL FIRE HYDRANT ACCESSIBLE PARKING PAVEMENT SYMBOL PARKING SPACE NUMBER TOP OF WALL BOTTOM OF WALL EXISTING GRADE FINISHED GRADE FINISHED FLOOR ELEVATION RIGHT OF WAY TYPICAL UNLESS NOTED OTHERWISE KEYNOTE LEGEND NUMBER DESCRIPTION 01 LANDSCAPE AREA 02 SIDEWALK PER CIVIL PLANS 03 6'H WOOD FENCE AT PROPERTY LINE 04 6'H X 3'W METAL GATE AND FENCE 05 BACKFLOW PREVENTER FOR DOMESTIC WATER PER CIVIL PLANS 06 OUTLINE OF FLOOR ABOVE 07 OUTLINE OF DECK ABOVE 08 GROUND FLOOR PRIVATE PATIO WITH PERMEABLE PAVERS PER LANDSCAPE PLAN 09 CONCRETE WALKWAY (4'-1" MIN, WIDTH) 10 EXISTING FIRE HYDRANT, DISTANCE TO SITE 61' 11 6'H X 3'W METAL ENTRY GATE, LOCKING SYSTEM PER OWNER 13 SPLIT FACE BLOCK RETAINING WALL PER CIVIL PLANS, COLOR TBD BY ARCHITECT 14 6'H X 3'W WOOD GATE, LOCKED PRIVATE ENTRY FOR UNIT 3 15 CONCRETE CURB PER CIVIL PLANS 16 PROPOSED DRIVEWAY AND CURB CUT PER CIVIL PLANS 17 EXISTING CURB CUT TO BE REMOVED 18 EXISTING WATER METER TO BE REMOVED 19 EXISTING STREET TREE TO REMAIN 20 PROPOSED STREET TREE 21 EXISTING TELECOM PEDESTAL TO BE REMOVED 22 STEEL BOLLARD TO PROTECT BACKLOW DEVICE, PAINTED 23 STEEL STAIR, PAINTED 24 GROUND FLOOR PRIVATE PATIO WITH CONCRETE SLAB 25 USPS MAILBOX WITH PEDESTAL BY FLORENCE, MODEL 1570-16BK 26 KNOX BOX AND EMERGENCY STROBE. EXACT LOCATION TO BE COORDINATED WITH NATIONAL CITY FIRE DEPARTMENT. CLAD Inc. 4766 32nd Street, San Diego, CA 92116 619.800.8105 info@cladinc.us cladinc.us AR COLIN LOWRY\.-A * C-35202 * .n REN. 12.31.19 OF Cp,0 All drawings and specifications are the property of the architect and shall not be reproduced in any manner, without expressed written permission from CLAD Inc. 129 NCB 129 National City Blvd, National City, CA 91950 11.06.2019 Conformance Review Project Number: 1801 Revisions No Date Notes SITE PLAN A100 96 of 472 Attachment No. 2 No Fees per Government Code 6103 ] RECORDING REQUESTED BY: ] National City Housing Authority ] ] WHEN RECORDED MAIL TO: National City Housing Authority Attention: Executive Director 1243 National City Boulevard National City, CA 91950 AFFORDABLE HOUSING DENSITY BONUS AGREEMENT (129 National City Boulevard, National City) THIS AFFORDABLE HOUSING DENSITY BONUS AGREEMENT ("Agreement") is dated as of the day of , 2021, by and between the City of National City ("City"), and 129 NCB, LLC, a California limited liability company ("Developer"). WHEREAS, Developer is the owner of that certain real property generally located at 129 National City Boulevard, in the City of National City, County of San Diego, more particularly described in Exhibit "A" attached hereto ("Property"); and WHEREAS, the General Plan and Zoning Ordinance of National City permit no more than ten (10) housing units on the Property; and WHEREAS, Developer proposes to develop a total of fourteen (14) housing units on the Property ("Development"); and WHEREAS, pursuant to Government Code section 65915, and Sections 18.48.030, et seq. of the National City Municipal Code, the Developer has proposed to construct and restrict the rent and occupancy of two (2) residential dwelling units ("Affordable Units") to very low-income households in exchange for a density bonus ("Density Bonus") which will allow the construction of the fourteen (14)-unit Development on the Property. In addition to the Density Bonus, the Developer has requested and received incentives and concessions as set forth in Government Code Section 65915; and WHEREAS, This Agreement will serve to memorialize Developer's obligation to provide the two (2) Affordable Units, the time frame for the construction and occupancy of the Affordable Units and the restriction of the Affordable Units by the recordation of this Agreement assuring affordability for a total of fifty-five (55) years measured from the issuance of final inspection approval for the Development. 1 97 of 472 Attachment No. 2 NOW, THEREFORE, in consideration of the foregoing and of the mutual terms and covenants hereinafter set forth and other good and valuable consideration, the City and Developer agree as follows: 1. Acknowledgement of Incentives. Developer acknowledges and agrees that, in addition to the Density Bonus, Developer is receiving incentives and concessions pursuant to and in accordance with the requirements of Government Code 65915. 2. Developer Covenants. Pursuant to and in consideration of the Density Bonus and the additional incentives and concessions, Developer hereby agrees and covenants on behalf of itself and its successors and assigns, and each successor in interest to the Property, that at all times during the term of this Agreement two (2) 0-bedroom residential dwelling units on the Property shall be rented and occupied as Affordable Units as set forth in this Agreement. As used herein the term "Affordable Units" shall refer to the two (2) residential dwelling units on the Property which are held available strictly in accordance with the terms and conditions set forth in this Agreement. 3. Affordability Restrictions. (a) Area Median Income. As used herein, "Area Median Income" shall mean the area median income, as adjusted for family size, for San Diego County, established periodically by the California Department of Housing and Community Development ("HCD") and published in the California Code of Regulations. In the event HCD ceases to publish an established Area Median Income as aforesaid, the City may, in its sole discretion, use any other reasonably comparable method of computing Area Median Income. (b) Occupancy Restrictions. During the term of this Agreement, each Affordable Unit shall be occupied by a household whose income does not exceed the very low income limits applicable to San Diego County, adjusted for household size, as published annually by HCD, earning at or below fifty percent (50%) of the Area Median Income. (c) Rent Amount. During the term of this Agreement, the monthly rental rate for each Affordable Unit (which shall include a utility allowance based on the utility allowance schedules published annually by the National City Housing Authority) shall not exceed 1/12 of thirty percent (30%) of fifty percent (50%) of the Area Median Income, as adjusted for assumed household size and utilities. The imputed household size for each Affordable Unit shall be equal to the number of bedrooms in the unit plus one. For example, the rent for each 0-bedroom unit shall be calculated using fifty percent (50%) of the Area Median Income for a 1-person household. 4. Restrictions. The following restrictions shall also be applicable to the Affordable Units: (a) No Relationship With Developer. No Affordable Unit shall be occupied or leased to Developer or any relative (by blood or marriage) of Developer or any person employed by Developer or of any individuals who are members, principals, executives, directors, partners or shareholders of Developer or in any entity having an ownership in Developer or in the Property. 2 98 of 472 Attachment No. 2 (b) No Full -Time Students. No Affordable Unit shall be occupied or leased to any household comprised exclusively of persons who are full-time students, unless such persons are eligible to file a joint federal income tax return and all such persons reside in the Affordable Unit. The term "full-time student" shall be defined as any person who will be or has been a full-time student during five calendar months of the calendar year in question at an educational institution (other than a correspondence school) with regular faculty and students. (c) No Student Dependents. Notwithstanding the provisions of section 4(b), no Affordable Unit shall be occupied or leased to any student dependent as defined in the U.S. Internal Revenue Code, unless the taxpayer (upon whom the student in question is dependent) resides in the same unit. (d) No Owners of Real Property. No Affordable Unit shall be occupied or leased to any person or any household comprised of one or more persons who own real property. (e) Liquid Asset Limitation. No Affordable Unit shall be occupied or leased to any person or household holding, directly or indirectly, liquid assets whose aggregate value exceeds, at the time of determination of eligibility, eighty percent (80%) of the then -current annual Area Median Income. As used herein, the term "liquid assets" refers to cash and assets which are readily convertible to cash within a reasonable period, including but not limited to savings and checking accounts, certificates of deposit of any term, marketable securities, money market and similar accounts, mutual fund shares, and insurance policy cash values. The term "liquid assets" shall not include retirement funds which are not readily accessible or which cannot be accessed by the tenant without the tenant incurring a penalty. (f) Income of Co -Tenants. The income of all co -tenants and/or occupants shall be taken into account in determining whether a tenant or prospective tenant meets the requirements of this Agreement. (g) Eligible Tenants - Increased Income. If as a result of the annual recertification procedure described in Section 7 below any household which was previously determined to be eligible to occupy an Affordable Unit is determined to be ineligible as a result of increased income or assets, the City will provide written notification thereof, and Developer shall have one hundred eighty days (180) from the date of notification to take all reasonable steps to pursue eviction of the ineligible household. If Developer fails to act within the one hundred eighty day (180) period, the City shall require payment of a fee by Developer, provided that no fee shall be payable so long as Developer is diligently pursuing eviction of the ineligible household by appropriate proceedings. Under this fee requirement, the ineligible tenant residing in the Affordable Unit shall pay the full market rate rent, and Developer shall pay the difference between the affordable rent and the full market rate rent, as determined by the City, to the City. The period of fee payment shall in no event exceed a period of six (6) months, at which time Developer's failure to provide such Affordable Unit to a household eligible hereunder shall constitute a material default under this Agreement. 3 99 of 472 Attachment No. 2 5. Term. Pursuant to Government Code Section 65915, this Agreement shall be effective on the date of its recordation and shall remain in force until the date that is fifty-five (55) years from the date of issuance of final inspection approval of the Development by the City. 6. Deed of Trust. (a) Execution and Recordation. Developer shall, concurrently with the execution of this Agreement, execute, acknowledge and record a deed of trust on the Property ensuring timely performance of the obligations set forth in this Agreement ("Deed of Trust"). The Deed of Trust shall be subordinated to the construction deed(s) of trust and/or permanent financing in favor of institutional lenders, as approved by the City Manager. The subordination shall be upon such terms and conditions and for such periods of time as the City Manager may approve to protect the provision of affordable housing as required by this Agreement. The City shall reconvey the Deed of Trust following the expiration of the term of this Agreement. (b) Foreclosure on the Property. In the event of a foreclosure on the Property which eliminates the Deed of Trust, the new owner, upon five (5) days written notice from the City, shall: (i) execute, acknowledge and deliver to the City an assignment and assumption of this Agreement in a form as approved by the City, in its reasonable discretion, for recordation; (ii) execute, acknowledge and deliver to the City a deed of trust, in a form as approved by the City, in its reasonable discretion, to be recorded against the Property, in a lien priority immediately junior to the assignment and assumption of this Agreement which will secure the performance of this Agreement; and (iii) reimburse the City for all of its attorneys' fees and costs in connection with the foregoing, including all costs, attorneys' fees, and expert witnesses fees incurred by the City in obtaining compliance by the new owner, including those incurred in litigation, if any. 7. Verification of Eligibility. No Affordable Unit shall be rented to a prospective tenant or occupied by any person unless and until the City, through its designated staff, has verified that the prospective tenant or occupant is eligible and that affordable rents will be charged in accordance with the criteria set forth in this Agreement. Developer and/or its successor in interest shall ensure that all eligibility and rent criteria are met during the term of the Agreement. Annually, on the anniversary of the initial certification of compliance, as determined by the City, during the term of this Agreement, Developer or its successor in interest shall certify to the City that each Affordable Unit is being occupied by eligible tenants. Said certification shall be on forms acceptable to the City. 8. Maintenance Standards. During the term of this Agreement, Developer shall maintain the unit(s) subject to this Agreement and the Property in a condition that satisfies the more stringent of (a) the requirements of the applicable local codes or (b) the United States Department of Housing and Urban Development's Uniform Physical Conditions Standards. The City shall have the right to inspect the Affordable Units and the Property prior to initial occupancy and periodically during the term of this Agreement, upon three business days' notice to Developer. The City shall have the right to disclose results of those inspections to the appropriate enforcement authorities. Any deficiencies in the physical condition of the Affordable Units shall be corrected by Developer at Developer's expense within thirty (30) days of the identification of such deficiency by the City and delivery of written notice of the same to Developer. Failure to maintain the unit(s) and the 4 100 of 472 Attachment No. 2 Property in compliance with this section shall constitute a breach of this Agreement and subject the Developer to damages as set forth in Section 13 of this Agreement. 9. Interpretation and Construction. If any provision of this Agreement or the application thereof to any person or circumstance is found to be invalid, the remainder of the provisions of this Agreement and the application of such provisions to persons or circumstances, other than those as to which it is found to be invalid, shall not be affected thereby. Nothing contained herein shall be deemed compliance with or waiver of any provision of law or conditions of approval except as expressly stated herein. 10. Design, Construction and Occupancy Schedule for the Affordable Units. The Affordable Units shall receive final inspection approval no later than the date that the market -rate units receive final inspection and approval. Time is of the essence in the occupancy of the Affordable Units. The City Manager may, in his or her sole discretion, extend one or more time deadlines for performance as referenced in this Agreement for good cause. 11. Indemnity. Developer agrees to indemnify, defend and hold harmless the City, the National City Housing Authority, and any and all of their respective councilmembers, commissioners, members, officers, agents, servants and employees (the "Indemnitees") from and against all claims, liens, claims of lien, losses, damages, costs, and expenses, whether direct or indirect, arising in any way from this Agreement, including the construction, sale, rental or operation of the Development, the Property and/or any of the units, or from the default by Developer in the performance of its obligations under this Agreement; provided, however, that Developer shall not be required to indemnify, defend or hold harmless any of the Indemnitees from claims, losses, damages, costs and expenses related to the sole negligence or willful misconduct of the Indemnitees. 12. Agreement Binding on Successors. The terms, covenants and conditions of this Agreement shall apply to, and shall bind the parties hereto and any successors or assignees. Developer shall not sell, transfer or otherwise dispose of the Property, any portion thereof, or any interest therein unless the proposed transferee shall have executed and delivered to the City an express written assumption of all of Developer's obligations under this Agreement, on a form reasonably acceptable to the City. Upon assignment and assumption by a successor entity, as approved by the City, Developer shall be released from all prospective liability and responsibility under the terms of this Agreement. Developer agrees that all of its obligations hereunder shall constitute covenants, which shall run with the land and shall be binding upon the Property and upon every person having any interest therein at any time and from time to time during the term of this Agreement. Further, Developer agrees that, if a court of competent jurisdiction determines that the obligations set forth herein do not qualify as covenants running with the land, they shall be enforced as equitable servitudes. Any sale or conveyance of the Property shall be made subject to this Agreement. 13. Damages; Enforcement; Remedies; Security. (a) Standing; Equitable Remedies; Remedies Cumulative. Developer expressly agrees and declares that the City shall be the proper party to, and shall have standing to, initiate and pursue 5 101 of 472 Attachment No. 2 any and all actions or proceedings, at law or in equity, to enforce the provisions hereof and/or to recover damages for any event that is expressly stated to be a material default hereunder and which event remains uncured following sixty (60) days' written notice to Developer from the City (or up to one hundred twenty (120) days after notice, if actions to correct the material default have been timely initiated and are, in the reasonable opinion of the City, being diligently pursued), notwithstanding the fact that such damages or the detriment arising from such a material default that remains uncured as aforesaid may have actually been suffered by some other person or by the public at large. Further, Developer expressly agrees that injunctive relief and specific performance are proper pre-trial and/or post -trial remedies hereunder to assure compliance with this Agreement. Nothing in this Section and no recovery by the City shall restrict or limit the rights or remedies of persons or entities other than the City, against Developer in connection with the same or related acts by Developer, provided that Developer shall not be subject to duplicate awards or recoveries. The remedies set forth in this Section are cumulative and not mutually exclusive, except to the extent that their award is specifically determined to be duplicative by final order of a court of competent jurisdiction. Further, the award of damages hereunder shall not bar the exercise of police power or other governmental powers, or the pursuit of criminal, civil or administrative penalties by the City in connection with any material default under this Agreement that remains uncured as aforesaid. Developer acknowledges that a material default under this Agreement that remains uncured may constitute a violation of state law. (b) Remedies At Law For Breach Of Rental Restrictions. In the event of any material default under the provisions hereof that remains uncured following thirty (30) days written notice to Developer from the City (or up to one hundred sixty (60) days after notice, if actions to correct the material default have been timely initiated and are, in the reasonable opinion of the City, being diligently pursued) regarding restrictions on rental of the Affordable Units, at the sole option of the City, the City shall be entitled to the following remedies at law to the extent they are not duplicative, the election of which shall not be required and may be revoked and/or modified until immediately prior to entry of judgment: (1) Damages For Specific Breach. The City shall be entitled to recover compensatory damages, at its sole option in the event of a material uncured default under the terms of this Agreement. If the material uncured default in question involves the violation of Section 13(b) above, the amount of such compensatory damages shall be the product of multiplying (A) the number of months that the material uncured default in question has continued until the time of trial or cure, whichever occurs first, by (B) the result of subtracting (i) the rents properly chargeable hereunder for such Affordable Unit (ii) the rents actually collected by Developer for such Affordable Unit for the months in question, as reasonably determined by the City. Developer and the City agree that it would be extremely difficult or impracticable to ascertain the precise amount of actual damages accruing to the City as a result of such a material uncured default and that the foregoing formula is a fair and reasonable method of approximating such damages. The City shall be entitled to seek and to recover damages in separate actions for successive, separate breaches, which may occur during the term of this Agreement. Further, interest shall accrue on the amount of such damages from the date of the expiration of Developer's cure period for the material uncured breach in question at the rate of ten percent (10%) per annum or the maximum rate then allowed by law, whichever is less. Nothing in this section shall preclude the award of exemplary damages as allowed by law. 6 102 of 472 Attachment No. 2 (2) Acceleration and Liquidation of Future Performance. At the sole option of the City, if any material default by Developer in the performance of its obligations under this Agreement remains uncured for more than ninety (90) days after written notice to Developer by the City specifying such breach in reasonable detail (or such longer period of time, not to exceed six (6) months, as may reasonably be required for Developer to cure such breach exercising reasonable diligence), Developer's obligation to perform hereunder may be accelerated by the City and declared immediately due through the payment of a liquidated sum. Developer and the City agree that it would be extremely difficult and impractical to predict the precise cost to the City of (i) locating rental units equivalent to the Affordable Units, (ii) procuring such units (through purchase, lease or subsidies) at the rent discounts contemplated herein, (iii) performing the substantial administrative activities associated with replacing the Affordable Units, and (iv) inflation. Therefore, Developer and the City agree that, in the event of a material default hereunder by Developer that remains uncured as aforesaid, and upon written notice from the City to Developer that the City has elected to exercise its option to accelerate and liquidate Developer's performance hereunder in accordance with the provisions of this Section 13(b)(2), Developer shall pay, and the City shall be entitled to receive, within thirty (30) days of the City's delivery of such written notice, in complete liquidation of the City's future monetary damages and Developer's future obligations under this Agreement, a lump sum payment equal to: (A) the aggregate of the mathematical differences between the monthly rent for "Comparable Market Rate Unit" (as determined by the City, using statistical data for units of the same size and location at the time of the breach) and the monthly rent allowable hereunder for the Affordable Units, at the date of delivery of the aforesaid written notice of election to accelerate, multiplied by (B) the number of months remaining in the term of this Agreement, from and after the date of delivery of the aforesaid written notice of election to accelerate. Developer and the City agree that acceleration is a fair and reasonable remedy for non-compliance hereunder, and that the foregoing formula represents a fair and reasonable method of approximating and liquidating the future monetary obligations of Developer to the City hereunder for purposes of any such optional acceleration by the City. Further, such liquidated amount shall automatically commence to bear interest at the rate of ten percent (10%) per annum or the maximum rate then allowed by law, whichever is less, from and after the date that the City delivers to Developer the aforesaid written notice of the City's election to accelerate Developer's performance hereunder, until paid. Further, if Developer breaches this Section 13(b)(2), the City shall be entitled to receive all reasonable attorneys' fees, costs of suit, title insurance charges, foreclosure costs and other out-of-pocket expenses reasonably incurred in recovering such liquidated amount. 14. Monitoring Fees. Developer shall pay to the City, each year during the term of this Agreement, an annual monitoring fee, as determined by the City in schedules promulgated by the City from time to time. Failure to timely pay such fees shall constitute a material default under this Agreement. 15. General Provisions. (a) Waiver. No provision of this Agreement, or breach of any provision, can be waived except in writing. The waiver by any party of any breach or violation of any term, covenant or condition of this Agreement or of any provisions, ordinance or law, shall not be deemed to be a 7 103 of 472 Attachment No. 2 waiver of any other term, covenant, condition, ordinance or law or any subsequent breach or violation of the same or of any other term, covenant, condition, ordinance or law. (b) Costs and Attorneys' Fees. The prevailing party in any action brought to enforce the terms of this Agreement or arising out of this Agreement may recover its reasonable costs and witness, expert and attorney's fees expended in connection with such an action from the other party. (c) Recordation. This Agreement shall be recorded in the Office of the County Recorder of the County of San Diego senior to all monetary liens. City shall not be obligated to issues permits prior to such delivery and recordation of this Agreement. (d) Integration. The undersigned, and each of them, acknowledge and represent that no promise or inducement not expressed in this Agreement has been made in connection with this Agreement. This Agreement contains the entire agreement and understanding between the parties as to its subject matter. (e) Ownership of the Property. Developer represents and warrants that it is the owner of the Property and has full authority to execute this Agreement. (f) Counterparts. This Agreement may be executed in any number of counterparts and, as so executed, the counterparts shall constitute one and the same Agreement. The parties agree that each such counterpart is an original and shall be binding upon all the parties, even though all of the parties are not signatories to the same counterpart. (g) Notices. All notices given pursuant to this Agreement shall be in writing and sent to the party at its address appearing below (a) by certified or registered U.S. mail, return receipt requested, (b) overnight by a nationally recognized overnight courier such as UPS Overnight or FedEx, or (c) by personal delivery. All notices shall be effective upon receipt (or refusal to accept delivery). These addresses may be changed by any party by written notice to all other parties. If to City: If to Developer: City of National City Attention: City Manager 1243 National City Boulevard National City, CA 91950 129 NCB, LLC 4766 32nd Street San Diego, CA 92116 (h) Exhibits and Recitals Incorporated. All exhibits referred to in this Agreement are hereby incorporated in this Agreement by this reference, regardless of whether or not the exhibits are actually attached to this Agreement. The Recitals to this Agreement are hereby incorporated in this Agreement by this reference. 8 104 of 472 Attachment No. 2 (i) Further Assurances. If Developer does not receive all of the necessary permits and approvals to construct the Project, Developer and the City agree that this Agreement and the density bonus granted herein shall be null and void and of no further force and effect and Developer and the City agree to take all reasonable steps and to execute and cause to be recorded all documents reasonably necessary to remove this Agreement and the Deed of Trust from the record chain of title to the Property. 16. Risk of Market Conditions. Developer shall bear sole responsibility for developing, constructing and marketing the units covered by this Agreement, pursuant to the approvals that the City has issued for the Development and the requirements contained in this Agreement. The City shall have no obligation to amend this Agreement, and the Developer shall reimburse the City for administrative costs associated with any modification of this Agreement that shall require the approval of the City Council of National City. 17. Signature Authority. All individuals signing this Agreement for a party which is a corporation, limited liability company, partnership or other legal entity, or signing under a power of attorney, or as a trustee, guardian, conservator, or in any other legal capacity, covenant to the other party hereto that he or she has the necessary capacity and authority to act for, sign and bind the respective entity or principal on whose behalf he or she is signing. CITY: CITY OF NATIONAL CITY By: Brad Raulston, City Manager APPROVED AS TO FORM: Charles Bell Jr., City Attorney By: Jennifer K. Gilman, Deputy City Attorney [SIGNATURES CONTINUED ON FOLLOWING PAGE] 9 105 of 472 Attachment No. 2 DEVELOPER: 129 NCB, LLC, a California limited liability company By: Colin Lowry, Manager 10 106 of 472 Attachment No. 2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego On , 2020, before me, , notary public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 11 107 of 472 Attachment No. 2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego On , 2020, before me, , notary public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 12 108 of 472 Attachment No. 2 EXHIBIT "A" Legal Description of the Property That certain real property located in the City of National City, County of San Diego, State of California more particularly described as follows: THE NORTHERLY 62 1/2 OF LOTS 1 AND 2 OF WALSH'S SUBDIVISION OF A PORTION OF THE SOUTH HALF OF THE WEST HALF OF THE WEST HALF OF 10-ACRE LOT 2 IN QUARTER SECTION 155 OF RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 1279, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON AUGUST 10, 1910. EXPRESSLY EXCEPTING FROM SAID LOT 1 ANY PORTION OF NATIONAL AVENUE ADJOINING SAID LOT 1. APN: 556-011-25-00 13 109 of 472 Attachment No. 3 No Fees per Government Code 6103 Recording Requested By: National City Housing Authority When Recorded Mail To: National City Housing Authority Attention: Executive Director 1243 National City Boulevard National City, CA 91950 PERFORMANCE DEED OF TRUST (129 National City Boulevard, National City) THIS DEED OF TRUST is dated as of the day of , 2021, between 129 NCB, LLC, a California limited liability company ("Trustor"), whose address is 4766 32nd Street, San Diego, California 92116, Lawyers Title Company ("Trustee"), and the City of National City ("Beneficiary"), whose address is 1243 National City Boulevard, National City, California 91950. TRUSTOR HEREBY irrevocably grants, transfers, and assigns to Trustee, in trust, with power of sale, all that property in the City of National City, County of San Diego, State of California, described as ("Property"): (See Legal Description - Exhibit "A") FOR THE PURPOSE OF SECURING: (1) The timely performance of the Affordable Housing Density Bonus Agreement of even date herewith ("Agreement"), between the Beneficiary and the Trustor, and any renewals, extensions, modifications or amendments to the Agreement by the Trustor and each and every covenant set forth herein; and (2) The performance of each agreement contained in this Deed of Trust. A. TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR AGREES: 1. Defense of Security. To appear in and defend any action or proceeding purporting to affect the security of this Deed of Trust or the rights or powers of Beneficiary or Trustee; and to pay all costs and expenses, including cost of evidence of title and attorneys' fees in a reasonable sum, in any such action or proceeding in which Beneficiary or Trustee may appear, and in any suit brought by Beneficiary to foreclose on this Deed of Trust. 1 110 of 472 Attachment No. 3 2. Payment of Liens and Taxes. To pay, when due, all taxes and assessments affecting the Property, including assessments on appurtenant water stock, all encumbrances, charges, and liens, with interest, on the Property or any part of the Property, which appear to be prior or superior to this Deed of Trust, and all costs, fees, and expenses of this Deed of Trust. If Trustor fails to make any payment or to do any act as provided in this Deed of Trust, then Beneficiary or Trustee may (but is not obligated to) make the payment or do the act in the required manner and to the extent deemed necessary by Beneficiary or Trustee to protect the security of this Deed of Trust. The performance by Beneficiary or Trustee of such an act shall not require notice to or demand upon Trustor and shall not release Trustor from any obligation under this Deed of Trust. Beneficiary or Trustee shall also have the following related rights and powers: to enter upon the Property for the foregoing purposes; to appear in and defend any action or proceeding purporting to affect the security of this Deed of Trust or the rights or powers of Beneficiary or Trustee; to pay, purchase, contest, or compromise any encumbrance, charge, or lien that in the judgment of either appears to be prior or superior to this Deed of Trust; to employ counsel; and to pay necessary expenses and costs, including attorneys' fees. 3. Reimbursement of Costs. To pay immediately and without demand all sums expended by Beneficiary or Trustee pursuant to this Deed of Trust, with interest from date of expenditure at the amount allowed by law in effect at the date of this Deed of Trust, and to pay any reasonable amount demanded by Beneficiary (up to the maximum allowed by law at the time of the demand) for any statement regarding the obligation secured by this Deed of Trust. 4. Use. That it will not permit or suffer the use of any of the Property for any purpose other than the use for which the same was intended at the time this Deed of Trust was executed. 5. Incorporation of Agreement. That the Agreement is incorporated herein by reference and made a part of this Deed of Trust. 6. Performance of Other Obligations. To perform, in a timely manner, each agreement and covenant by and between Trustor on any and all notes, loans and deeds of trust that are senior and/or junior to this Deed of Trust. A default in any of these obligations, beyond any applicable cure period, shall constitute a default under this Deed of Trust. B. THE PARTIES AGREE THAT: 7. Waiver of Late Payments. By accepting payment of any sum secured by this Deed of Trust after its due date, Beneficiary does not waive its right either to require prompt payment when due of all other sums so secured or to declare default for failure to pay any indebtedness secured by this Deed of Trust. 2 111 of 472 Attachment No. 3 8. Full Reconveyance. Upon expiration of the term of the Agreement and written request of Beneficiary, and payment of Trustee's fees and charges, Trustee shall reconvey, without warranty, the Property then subject to this Deed of Trust. The recitals in the reconveyance shall be conclusive proof of the truthfulness of the recitals. The grantee in the reconveyance may be described as "the person or persons legally entitled thereto." 9. Assignment of Rents. As additional security, Trustor hereby gives to and confers upon Beneficiary the right, power, and authority during the continuance of this Deed of Trust, to collect the rents, issues, and profits of the Property, but reserves the right, prior to any default by Trustor in payment of any indebtedness secured by this Deed of Trust or in the performance of any agreement under this Deed of Trust, to collect and retain these rents, issues, and profits as they become due and payable. Upon any such default beyond any applicable cure period, Beneficiary may, without notice and without regard to the adequacy of the security for the indebtedness secured by this Deed of Trust, either personally or by agent or court -appointed receiver, do the following: enter upon and take possession of the Property or any part of the Property; sue for or otherwise collect all rents, issues, and profits, including those past due and unpaid; and apply these rents, issues, and profits, less costs and expenses of operation and collection (including reasonable attorneys' fees), upon any indebtedness secured by this Deed of Trust, in any order determined by Beneficiary. The exercise of the foregoing rights by Beneficiary shall not cure or waive any default or notice of default under this Deed of Trust or invalidate any act done pursuant to such a notice. 10. Default and Foreclosure. Upon default under the Agreement, subject to any applicable notice and cure rights contained in the Agreement, or in the performance of any obligation under this Deed of Trust beyond any applicable cure period, Beneficiary may declare all obligations secured by this Deed of Trust immediately due and payable by delivering to Trustee a written declaration of default and demand for sale and a written notice of default and election to sell the Property. Trustee shall cause the notice of default and election to sell to be recorded. After the required time period has lapsed following the recordation of the notice of default, and after notice of sale has been given as required by law, Trustee, without demand on Trustor, shall sell the Property at the time and place specified in the notice of sale, either as a whole or in separate parcels, and in any order determined by Trustee, at public auction to the highest bidder for cash in lawful money of the United States, payable at the time of sale. Trustee may postpone sale of all or any portion of the Property by public announcement at the time and place of sale, and from time to time thereafter may postpone the sale by public announcement at the time fixed by the preceding postponement. Trustee shall deliver to the purchaser at the auction its deed conveying the Property sold, but without any covenant or warranty, express or implied. The recital in the deed of any matter or fact shall be conclusive proof of the truthfulness of the recital. Any person, including Trustor, Trustee, or Beneficiary, may purchase at the sale. After deducting all costs, fees, and expenses of Trustee and Beneficiary under this paragraph, including costs of procuring evidence of title incurred in connection with sale, Trustee shall apply the proceeds of sale to payment of: all sums expended under the terms of this Deed of Trust, not then repaid, with accrued interest at the amount allowed by law in effect at the date of this Deed of Trust; all other sums then secured by this Deed of Trust; and the remainder, if any, to the person or persons legally entitled to the remaining proceeds. 3 112 of 472 Attachment No. 3 11. Due on Sale or Further Encumbrance. Trustor shall not sell, transfer or otherwise dispose of the real property described in this deed of trust, or any portion thereof, or any interest therein unless the proposed transferee shall have executed and delivered to the Beneficiary an express written assumption of all of Trustor's obligations hereunder this deed of trust, on a form reasonably acceptable to the Beneficiary. Consent to one transaction of this type will not constitute a waiver of the right to acquire consent to future or successive transactions. 12. General Provisions. This Deed of Trust applies to, inures to the benefit of, and binds all parties to this Deed of Trust and their heirs, legatees, devisees, administrators, executors, successors, and assigns. The term `Beneficiary" shall mean the City of National City, and its successors and assigns. In this Deed of Trust, whenever the context so requires, the masculine gender includes the feminine and/or neuter, and the singular number includes the plural. 13. Substitution of Trustees. Beneficiary, or any successor in ownership of any obligations secured by this Deed of Trust, may from time to time, by written instrument, substitute a successor or successors to any Trustee named in or acting under this Deed of Trust. The substitution instrument shall contain the name of the original Trustor, Trustee, and Beneficiary under this Deed of Trust, the book and page where this Deed is recorded, and the name and address of the new Trustee. When executed by Beneficiary and duly acknowledged and recorded in the office of the recorder of the county or counties where the Property is situated, the substitution instrument shall be conclusive proof of proper substitution of the successor Trustee or Trustees. Any successor Trustee or Trustees shall, without conveyance from the Trustee predecessor, succeed to all its title, estate, rights, powers, and duties. 14. Cumulative Powers and Remedies. The powers and remedies conferred in this Deed of Trust are concurrent and cumulative to all other rights and remedies provided in this Deed of Trust or given by law. These powers and remedies may be exercised singly, successively, or together, and as often as deemed necessary. 15. Conclusiveness of Recitals. The recitals contained in any reconveyance, trustee's deed, or any other instrument executed by the Trustee from time to time under the authority of this Deed of Trust or in the exercise of its powers or the performance of its duties under this Deed of Trust, shall be conclusive evidence of their truth, whether stated as specific and particular facts, or in general statements or conclusions absent manifest error. Further, the recitals shall be binding and conclusive upon the Trustor, its heirs, executors, administrators, successors, and assigns, and all other persons. 16. Attorneys' Fees. If any action is brought for the foreclosure of this Deed of Trust or for the enforcement of any provision of this Deed of Trust (whether or not suit is filed), Trustor agrees to pay all costs and expenses of Beneficiary and Trustee, including reasonable attorneys' fees; and these sums shall be secured by this Deed of Trust. The prevailing party in any litigation, including but not limited to arbitration, writ petitions, complaints, and/or actions for declaratory relief, brought to enforce, interpret or reform the provisions of this Deed of Trust shall be entitled to reasonable attorneys' and experts' fees, costs and out-of-pocket expenses (whether or not considered recoverable "costs" under applicable statute) incurred in such litigation. 4 113 of 472 Attachment No. 3 17. Request for Notices of Default and Sale. In accordance with Section 2924b of the California Civil Code, request is hereby made that a copy of any Notice of Default and a copy of any Notice of Sale under that Deed of Trust executed by the Trustor concerning this Property be mailed to: City of National City Attention: Executive Director 1243 National City Boulevard National City, CA 91950 NOTICE: A copy of any notice of default and of any notice of sale will be sent only to the address contained in this recorded request. If your address changes, a new request must be recorded. 18. Inspections. Trustor shall permit Beneficiary and its agents or representatives, to inspect the Property at any and all reasonable times, upon 48 hours advance notice to Trustor. Inspections shall be conducted so as not to interfere with the tenants' use and enjoyment of the Property. 19. Hazardous Materials Defined. For purposes of this Deed of Trust, "Hazardous Materials" means and includes any flammable, explosive, or radioactive materials or hazardous, toxic or dangerous wastes, substances or related materials or any other chemicals, materials or substances, exposure to which is prohibited, limited or regulated by any federal, state, county, regional or local authority or which, even if not so regulated, may or could pose a hazard to the health and safety of the occupants of the Property or of property adjacent to the Property, including, but not limited to, asbestos, PCBs, petroleum products and byproducts, substances defined or listed as "hazardous substances" or "toxic substances" or similarly identified in, pursuant to, or for purposes of, the California Solid Waste Management, Resource Recovery and Recycling Act (California Government Code Section 66700 et seq.), the Comprehensive Environmental Response, Compensation, and Liability Act, as amended (42 U.S.C. Section 9601, et seq.), the Hazardous Materials Transportation Act (49 U.S.C. Section 1801, et seq.), the Resource Conservation and Recovery act (42 U.S.C. Section 6901, et seq.), Section 25117 or Section 25316 of the California Health & Safety Code; and any so-called "Superfund" or "Superlien" law, or any other federal, state or local statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to or imposing liability or standards of conduct concerning any hazardous, toxic or dangerous waste, substance or material; or any substances or mixture regulated under the Toxic Substance Control Act of 1976, as now or hereafter amended (15 U.S.C. Section 2601 et seq.); and any "toxic pollutant" under the Clean Water Act, as now or hereafter amended (33 U.S.C. Section 1251 et seq.); and any hazardous air pollutant under the Clean Air Act, as now or hereafter amended (42 U.S.C. Section 7901 et seq.). Notwithstanding the above, the term "Hazardous Materials" shall not include small amounts of chemicals, cleaning agents and the like commonly employed in routine household uses in a manner typical of occupants in other similar residential properties provided they are used in compliance with applicable laws. The term "Hazardous Materials Laws" means any federal, state or local law, code, statute, ordinance, rule, regulation, rule of common law or guideline relating to Hazardous Materials now or hereafter enacted or promulgated (collectively, and including, without limitation, any such laws which require notice of the use, 5 114 of 472 Attachment No. 3 presence, storage, generation, disposal or release of any Hazardous Materials to be provided to any party). 20. Trustor's Hazardous Materials Representations and Warranties and Indemnity. In addition to the general and specific representations, covenants and warranties set forth in the Deed of Trust or otherwise, Trustor represents, covenants and warrants, with respect to Hazardous Materials, as follows: (a) Neither Trustor nor, to the best knowledge of Trustor, any other person, has ever caused or permitted any Hazardous Materials to be manufactured, placed, held, located or disposed of on, under or at the Property or any part thereof, and neither the Property nor any part thereof, or any property adjacent thereto, has ever been used (whether by the Trustor or, to the best knowledge of the Trustor, by any other person) as a manufacturing site, dump site or storage site (whether permanent or temporary) for any Hazardous Materials; (b) Trustor hereby agrees to indemnify Beneficiary, its officers, employees, contractors and agents, and hold Beneficiary, its officers, employees, contractors and agents harmless from and against any and all losses, liabilities, damages, injuries, costs, expenses and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against Beneficiary, its officers, employees, contractors and agents for, with respect to, or as a direct or indirect result of, the presence or use, generation, storage, release, threatened release or disposal of Hazardous Materials on or under the Property or the escape, seepage, leakage, spillage, discharge, emission or release of any Hazardous Materials from the Property (including, without limitation, any losses, liabilities, damages, injuries, costs, expenses or claims asserted or arising under CERCLA, any so-called "Superfund" or "Superlien" law, or any other federal, state or local statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to or imposing liability or standards of conduct concerning any Hazardous Materials) regardless of whether or not caused by or within the control of Trustor, except to the extent arising as a result of the negligence or willful misconduct of Beneficiary. (c) Trustor has not received any notice of (i) the happening of any event involving the use, spillage, discharge, or cleanup of any Hazardous Materials ("Hazardous Discharge") affecting Trustor or the Property or (ii) any complaint, order, citation or notice with regard to air emissions, water discharges, noise emissions or any other environmental, health or safety matter affecting Trustor or the Property ("Environmental Complaint") from any person or entity, including, without limitation, the United States Environmental Protection Agency ("EPA"). If Trustor receives any such notice after the date hereof, then Trustor will give, within seven (7) business days thereafter, oral and written notice of same to Beneficiary. (d) Without limitation of Beneficiary's rights under this Deed of Trust, Beneficiary shall have the right, but not the obligation, to enter onto the Property or to take such other actions as it deems necessary or advisable to clean up, remove, resolve or minimize the impact of, or otherwise deal with, any such Hazardous Materials or Environmental Complaint upon its receipt of any notice from any person or entity, including without limitation, the EPA, asserting the existence of any Hazardous Materials or an Environmental Complaint on or pertaining to the Property which, if true, could result in an order, suit or other action against Trustor affecting any 6 115 of 472 Attachment No. 3 part of the Property by any governmental agency or otherwise which, in the sole opinion of Beneficiary, could jeopardize its security under this Deed of Trust. All reasonable costs and expenses incurred by Beneficiary in the exercise of any such rights shall be secured by this Deed of Trust and shall be payable by Trustor upon demand together with interest thereon at a rate equal to the highest rate payable by law. (e) The foregoing representation, covenants, indemnities and warranties shall be continuing and shall be true and correct for the period from the date hereof to the release of this Deed of Trust (whether by satisfaction of the obligations secured hereby or foreclosure or action in lieu thereof), and these representations, covenants, indemnities and warranties shall survive such release. 21. Authority to Sign. All individuals signing this Deed of Trust for a party which is a corporation, limited liability company, partnership or other legal entity, or signing under a power of attorney, or as a trustee, guardian, conservator, or in any other legal capacity, covenant to the Beneficiary that they have the necessary capacity and authority to act for, sign and bind the respective entity or principal on whose behalf they are signing. TRUSTOR: 129 NCB, LLC, a California limited liability company By: Colin Lowry, Manager 7 116 of 472 Attachment No. 3 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego On , 20210, before me, , notary public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 8 117 of 472 Attachment No. 3 Exhibit "A" Legal Description That certain real property located in the City of National City, County of San Diego, State of California more particularly described as follows: THE NORTHERLY 62 1/2 OF LOTS 1 AND 2 OF WALSH'S SUBDIVISION OF A PORTION OF THE SOUTH HALF OF THE WEST HALF OF THE WEST HALF OF 10-ACRE LOT 2 IN QUARTER SECTION 155 OF RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 1279, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON AUGUST 10, 1910. EXPRESSLY EXCEPTING FROM SAID LOT 1 ANY PORTION OF NATIONAL AVENUE ADJOINING SAID LOT 1. APN: 556-011-25-00 9 118 of 472 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the Housing Authority to enter into a Memorandum of Understanding with the County of San Diego for data sharing relating to the administration of COVID-19 emergency rental assistance programs. (Housing Authority) Please scroll down to view the backup material. 119 of 472 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 15, 2021 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Housing Authority to enter into a Memorandum of Understanding with the County of San Diego for data sharing relating to the administration of COVID-19 emergency rental assistance programs. PREPARED BY: Angelita Palm9Housing Programs Manager PHONE: (619) 336-4219 DEPARTMENT: Housing Authority APPROVED BY: EXPLANATION: The City of National City (City) and County of San Diego (County) are operating two different emergency rental and utility assistance programs in their respective jurisdictions to assist eligible households who have been financially impacted by the COVID-19 pandemic (ERAP). The City and County desire to enter this MOU to allow data to be shared relating to applicants for the ERAP that applied in the same jurisdiction. The MOU will allow the City and County to prevent a duplication of benefits. It will ensure that federal, state, or local assistance will not be provided for the same costs. FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: MIS Not applicable to this report. ENVIRONMENTAL REVIEW: This Agenda Item is not a project and, therefore, is not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution and authorize the MOU with the County of San Diego. BOARD / COMMISSION RECOMMENDATION: Not applicable to this report. ATTACHMENTS: 1. MOU 2. Resolution 120 of 4721 Memorandum of Understanding Between The County of San Diego and the City of National City For Data Sharing Relating to the Administration of COVID-19 Emergency Rental Assistance Programs Parties This Memorandum of Understanding ("MOU") is made between the County of San Diego (the "County") and the City of National City ("CITY"). The parties to this MOU may be referred to herein collectively as the "parties" or individually as a "party". Recitals WHEREAS, in response to the ongoing COVID-19 pandemic, the federal Coronavirus Response and Relief Supplemental Appropriations Act of 2021 (CRRSAA), signed into law on December 27, 2020, included $25 bilIion for emergency rental assistance program funds for state, local, and tribal governments throughout the United States. These funds included $2.6 billion for the State of California. WHEREAS, the parties are operating two different emergency rental and utility assistance programs in their respective jurisdictions to assist eligible households who have been financially impacted by the COVID-19 pandemic ("ERAP"). WHEREAS, the County is operating the County of San Diego COVID-19 ERAP to provide payment assistance for rent and utilities for residents of the County. WHEREAS, the CITY is operating the ERAP to provide assistance payments for rent and utilities for residents of CITY. WHEREAS, the parties reviewed the applications for both parties' ERAPs; examined the jurisdiction criteria contained in the parties' applications; and determined that some applicants were applying for assistance in the wrong jurisdiction. WHEREAS, the parties now desire to enter this MOU to allow them to share data relating to applicants for the ERAPs who applied in the same jurisdiction. THEREFORE, in consideration of the foregoing recitals and the mutual covenants and promises to set forth below, and for other good and valuable consideration, receipt of which is hereby acknowledged, the parties hereto agree as follows: 1. Incorporation of Recitals. The Recitals set forth above are incorporated herein by this reference. 121 of 472 2. Administration of MOU: Each party identifies the following individual to serve as the authorized administrative representative for that party. Any party may change its administrative representative by notifying the other party in writing of such change. Any such change shall become effective upon the receipt of such notice by the other party to this MOU. Notice of the authorized representative shall be sent to each party as follows: County of San Diego The City of National City David Estrella Director Housing and Community Development Services Health and Human Services Agency 3989 Ruffin Road MS 0-231 San Diego, CA 92123 858-694-8750 Carlos Aguirre Director National City Housing Authority City of National City 1243 National City Boulevard National City, CA 91951 619-336-4391 caguirre@nationalcityca.gov 3. Parties' Responsibilities: In an effort to properly provide payment assistance to all eligible applicants within the County, the parties agree as follows: 3.1. Data Sharing: 3.1.1. The parties agree to share personal information (defined below) of eligible applicants (defined below) who applied for assistance benefits from an ERAP in the same jurisdiction. 3.1.2. Personal information shall include the name, address, telephone number, and email address of the eligible applicant. 3.1.3. The parties agree that eligible applicants shall only include applicants who expressly agreed to the disclosure of their personal information through the ERAP application process with the given party. The party receiving an application for the ERAP will ensure that the applicant has signed the Applicant Self - Certification form. 3.1.4. The party receiving an application for the ERAP will provide to the other party a separate Applicant Self -Certification form signed by the applicant when requesting additional information not identified in this MOU. 3.2. Method: 3.2.1. At the end of each week or some other agreed upon frequency, each party will export a CSV or Excel file containing the personal information of eligible applicants who applied to the same jurisdiction. The parties will make a separate file for each jurisdiction containing only eligible applicants. 3.2.2. Files will be uploaded to a secured shared electronic box location. Each party will only be given access to the personal information of eligible applicants who are within their jurisdiction. 3.2.3. The shared file will be password protected. Each party will process the file under the immediate supervision and control of authorized personnel in a manner that will protect the confidentiality of the personal information, and in such a way that unauthorized persons cannot retrieve the data by means of computer, remote terminal, or other means. 122 of 472 3.2.4. Each party will store the personal information in an area that is physically safe from access by unauthorized persons during duty hours as well as non -duty hours or when not in use. 3.3. Use: 3.3.1. Personal information of an eligible applicant shall only be shared with the authorized employees and officials of the appropriate jurisdiction who require access to the personal information in order to perform their official duties in connection with the activities described in Section 3.3.3. Parties shall not share personal information of an eligible applicant except as expressly stated in this Section 3.. 3.3.2. Each party will advise all personnel who will have access to the personal information of the confidential nature of the information and the safeguards required protecting the information, including the consequences and/or penalties for inappropriate use and/or disclosure of such information. 3.3.3. The receiving party will only use the personal information in order to cross-reference and validate that an eligible applicant has not received assistance payments from the other party's ERAP. The personal information shall not be used in any other way by the receiving party. 3.3.4. The parties agree that any personal information shared under this MOU is confidential information and shall be treated as such. 3.3.5. Each party will notify the other party immediately, by electronic correspondence or telephone, upon discovery of unauthorized access or use of any personal information provided by the other party. The party suffering the breach will complete a Breach/Security Incident Report within 24 hours of discovery of a breach or security incident. 3.4. Nothing herein shall make the parties liable to one another for the validity of the information which is being shared. 4. Indemnity: 4.1. Claims Arising from the Sole Acts or Omissions of a Party: Each party to this MOU hereby agrees to defend and indemnify the other parties to this MOU, their agents, officers and employees, from any claim, action or proceeding against the other parties, arising solely out of its own acts or omissions in the performance of this MOU. At each party's sole discretion, each party may participate at its own expense in the defense of any claim, action or proceeding, but such participation shall not relieve any party of any obligation imposed by this MOU. Parties shall notify each other promptly of any claim, action or proceeding and cooperate fully in the defense. 4.2. Claims Arising from Concurrent Acts or Omissions: The parties hereby agree to defend themselves from any claim, action or proceeding arising out of the concurrent acts or omissions of the parties. In such cases parties agree to retain their own legal counsel, bear their own defense costs, and waive their right to seek reimbursement of such costs, except as provided in paragraph 4.3 below. 4.3. Joint Defense and Reimbursement and Reallocation: Notwithstanding paragraph 4.2 above in cases where parties agree in writing to a joint defense, parties may appoint joint defense counsel to defend the claim, action or proceeding arising out of the concurrent acts or omissions of parties. Joint defense counsel shall be selected by mutual agreement of parties. Parties agree to share the costs of such joint defense and any agreed settlement 123 of 472 in equal amounts, except as follows: 4.3.1. Parties further agree that neither party may bind the other to a settlement agreement without the written consent of both parties. Where a trial verdict or arbitration award allocates or determines the comparative fault of parties, parties may seek reimbursement and/or reallocation of defense costs, judgments and awards, consistent with such comparative fault. 5. Insurance. 5.1. The parties shall maintain a program of self-insurance or obtain a single limit general liability insurance and automobile liability insurance in the minimum amount checked below. ® General Liability $1,000,000.00 Workers Compensation $1,000,000.00 ® Automobile Liability $500,000.00 This coverage is in addition to workers compensation insurance and other insurance coverages required by law. The policies shall provide that coverage on all policies may not be canceled, amended, terminated, or otherwise modified without thirty (30) days advance written notice to the parties. Coverage shall remain in full force and effect during the entire term of the policy. 5.2. The parties shall also obtain Cyber Liability with limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. 5.3. The parties shall name each other as certificate holders on all insurance policies and be named as additional insured on all general liability, automobile, and cyber liability policies. 5.4. All insurance required to be purchased and maintained shall be endorsed with a waiver of subrogation. Each party's insurers in their endorsements agree to waive all rights of subrogation against the other parties for losses paid by the party's insurers that arise out of or in connection with each party's performance under this MOU. 6. Conformance With Rules And Regulations: Parties shall be in conformity with all applicable federal, State, County, and local laws, rules, and regulations, current and hereinafter enacted. 7. Governing Law: This MOU shall be governed, interpreted, construed, and enforced in accordance with the laws of the State of California. 8. Information Privacy and Security Provisions: Parties agree to follow all federal, state, and local laws related to privacy of protected information and security of data, and to keep applicant information confidential. 9. Third Party Beneficiaries Excluded: This MOU is intended solely for the benefit of the County and CITY. Any benefit to any third party is incidental and does not confer on any third party to this MOU any rights whatsoever regarding the performance of this MOU. Any attempt to enforce provisions of this MOU by third parties is specifically prohibited. 10. Amendments to MOU: Any party may propose amendments to this MOU by providing written notice of such amendments to the other parties. This MOU may only be amended by a written 124 of 472 amendment signed by all parties. 11. Severability: If any terms or provisions of this MOU or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable, the remainder of this MOU, or the application of such term and provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and every other term and provision of this MOU shall be valid and enforced to the maximum extent permitted by law. 12. Full Agreement: This MOU represents the full and entire agreement between the parties and supersedes any prior written or oral agreements that may have existed. 13. Scope of MOU: This MOU only applies to the program described herein and does not set forth any additional current or future obligations or agreements between the parties, except that the parties may by written amendment amend the scope of this MOU. 14. Term: This MOU shall become effective on the date all the parties have signed this MOU and shall continue through December 31, 2021, with one additional one-year option to extend upon agreement of the parties. 15. Termination For Convenience. Any party may, by written notice stating the extent and effective date, terminate this MOU for convenience in whole or in part, with a 30-day advance notice to the respective parties. 16. Counterparts: This MOU may be executed in any number of separate counterparts, each of which shall be deemed an original but all of which when taken together shall constitute one and the same instrument. Remainder of this page is intentionally left blank 125 of 472 IN WITNESS WHEREOF, this MOU is entered into by the County and CITY by and through the signature of the parties' authorized representative(s), all as set forth below. COUNTY OF SAN DIEGO. CITY OF NATIONAL CITY a public agency a public agency By: By: Carlo National i y ousingty guirre, D. Date: Date: une- I , Zo Z I APPROVED AS TO FORM: COUNTY COUNSEL, By: Name Title APPROVED AS TO FORM: CITY OF NATIONAL CITY, By: Jennifer K. Gilman Deputy City Attorney 126 of 472 The following page(s) contain the backup material for Agenda Item: Public Hearing and Resolution of the City Council of the City of National City adopting the First Amendment to the Permanent Local Housing Allocation (PLHA) Program Plan approved by the California Department of Housing and Community Development to incorporate outreach, case management, rapid rehousing, and other housing services for homeless individuals and families or those at risk of becoming homeless and establishing budget appropriations and the corresponding revenue budget in the amount of $393,191 for the first PLHA program year. (Housing Authority) Please scroll down to view the backup material. 127 of 472 Attachment No. 1 City of National City June 15, 2021 Staff Report Explanation Public Hearing and Resolution of the City Council of the City of National City adopting the First Amendment to the Permanent Local Housing Allocation (PLHA) Program Plan approved by the California Department of Housing and Community Development to incorporate outreach, case management, rapid rehousing, and other housing services for homeless individuals and families or those at risk of becoming homeless and establishing budget appropriations and the corresponding revenue budget in the amount of $393,191 for the first PLHA program year. The Permanent Local Housing Allocation (PLHA) Program funding is made possible through California Senate Bill (SB) 2 of 2017. The PLHA is a non-competitive entitlement fund to support local affordable housing and homeless services initiatives. The intent of SB2 was to provide a permanent, ongoing source of funding to local governments for housing -related projects and programs that assist in addressing the unmet housing and homelessness needs of their local communities. PLHA Program revenue is generated through recording fees on real estate transactions on an annual basis. On February 26, 2020, the California Department of Housing and Community Development released a NOFA for the PLHA Grant Program, which provides funding to jurisdictions to further its affordable housing productions and facilitate compliance with a city's housing goals over a five-year period. City staff prepared and submitted an application on July 27, 2020, which included a plan to fund emergency rental assistance for the first and second year of the five-year program, to fund pre -development costs and/or provide gap financing for future rental housing projects and to consider funding a new program to provide loans to assist in the construction of accessory dwelling units for low-income households. The programs funded as part of the plan were consistent with the goals of the City's Housing Element of the General Plan. The PLHA program provides an ongoing funding source that can be paired with other one-time State and Federal funding sources; however, there is no match required from the City. The City of National City is eligible to receive $393,191 in the first year, and ongoing funding to the City over the next five years is projected at $2,359,146. However, this initial projection for PLHA Program funding was created by the California Department of Housing and Community Development (HCD) prior to COVID-19 and may be less than expected. The City's PLHA grant application is included as attachment number two (2) of this staff report. On August 18, 2020, City Council adopted a resolution to ratify the PLHA application and to appropriate the first year of funding for emergency rental assistance that may be used to assist households that have been impacted by COVID-19, which are currently experiencing homelessness, or at risk of becoming homeless. 128 of 472 Attachment No. 1 In January of 2021, San Diego County received an estimated $52.5 million in state funding and $49 million in funding from the federal government to assist County residents who have been economically impacted by COVID-19 with housing and utility payments. The program serves residents in the County in unincorporated areas, as well as 16 cities within the region, including National City. Staff recommends amending the PLHA approved Plan for year one and two to propose 100% of its PLHA funds towards housing opportunities for those earning 60% of the San Diego County Area Median Income (AMI), including rapid rehousing and transitional housing, supportive housing for people with special needs, basic and emergency services for the homeless, including outreach, case management, and prevention. The original Plan funded emergency rental assistance; however, given the current availability of funding from the County of San Diego for COVID-19 related rental assistance, the PLHA funds would better utilized to provide housing and case management services to homeless families and individuals or those at risk of becoming homeless. The approved PLHA Plan §302(c)(4)(A) states as its first of three priorities: The City of National City is proposing 100% of its PLHA funds towards housing opportunities for those earning 60% of the San Diego County Area Median Income (AMI) through three types of activities in order of priority as follows: 1) to begin as Emergency Rental Assistance Program that will help families with low income in the City of National City who experience financial hardship due to an emergency The proposed First Amendment would revise the first priority of §302(c)(4)(A) to state: The City of National City is proposing 100% of its PLHA funds towards housing opportunities for those earning 30% of the San Diego County Area Median Income (AMI) through three types of activities in order of priority as follows: 1) Serve individuals and families who are homeless or housing insecure by funding services such as rapid rehousing, affordable housing, supportive housing for people with special needs, basic and emergency services for the homeless, outreach and prevention and community services. 129 of 472 PLHA Formula 5-year Plan - Amendment Rev. 5/7/21 Eligible Activities, §301 §301(a) Eligible activities are limited to the following: Included? §301(a)(1) The predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live -work, rental housing that is affordable to Extremely low -,Very low-, Low-, or Moderate -income households, including necessary operating subsidies. YES §301(a)(2) The predevelopment, development, acquisition, rehabilitation, and preservation of affordable rental and ownership housing, including Accessory Dwelling Units (ADUs), that meets the needs of a growing workforce earning up to 120 percent of AMI, or 150 percent of AMI in high -cost areas. ADUs shall be available for occupancy for a term of no less than 30 days. YES §301(a)(3) Matching portions of funds placed into Local or Regional Housing Trust Funds. r YES §301(a)(4) Matching portions of funds available through the Low- and Moderate -Income Housing Asset Fund pursuant to subdivision (d) of HSC Section 34176. r YES §301(a)(5) Capitalized Reserves for services connected to the preservation and creation of new permanent supportive housing. YES §301(a)(6) Assisting persons who are experiencing or At -risk of homelessness, including, but not limited to, providing rapid re -housing, rental assistance, supportive/case management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency shelters, and r YES the new construction, rehabilitation, and preservation of permanent and transitional housing. §301(a)(7) Accessibility modifications in Lower -income Owner -occupied housing. YES §301(a)(8) Efforts to acquire and rehabilitate foreclosed or vacant homes and apartments. I— YES §301(a)(9) Homeownership opportunities, including, but not limited to, down payment assistance. r YES §301(a)(10) Fiscal incentives made by a county to a city within the county to incentivize approval of one or more affordable housing Projects, or matching funds invested by a county in an affordable housing development Project in a city within the county, provided that the city has made an equal or greater investment in the Project. The county fiscal incentives shall be in the form of a grant or low -interest loan to an affordable housing Project. Matching funds investments by both the county and the city also shall be a grant or low -interest deferred loan to the affordable housing Project. I— YES PLHA ?age I For a130 of 472 §302(c)(4) Plan Rev. 5/7/21 §302(c)(4)(A) Describe the manner in which allocated funds will be used for eligible activities. In Years One and Two, funds will be used to assist households experiencing or at -risk of homelessness, including but not limited to providing outreach rapid rehousing, supportivelcase management services to allow people to obtain and retain housing, and operating and capital cost for navigation centers and emergency shelters. In Years Three, Four, and Five, the City of National City will use 100% of its PLHA Funds for the predevelopment, development, acquisition, rehabilitation, and preservation of affordable rental and ownership housing, including accessory dwelling units (ADUs), which meet the needs of a growing workforce earning up to 120 percent of AMI, or 150 percent of AMI in high -cost areas. ADUs shall be available for occupancy for a term of no less than 30 days. §302(c)(4)(B) Provide a description of the way the Local government will prioritize investments that increase the supply of housing for households with incomes at or below 60 percent of Area Median Income (AMI). PLHA Funding will be allocated to activities seeking to benefit households that are homeless or at risk of homelessness. Household income will be at, or less than 60 % of the AMI. The City has experience in leveraging HOME funds serving households at 30% to 60% AMI funded with tax credits. The City and its Housing Authority propose to combine its available CDBG and HOME funds with PLHA Funds. §302(c)(4)(C) Provide a description of how the Plan is consistent with the programs set forth in the Local Govemment's Housing Element. The City of National City's current Housing Element complies with the State of California. The City is currently drafting a new Housing Element and Housing Strategic Plan, which will be finalized in 2021-2022. Allocated funding will be used in accordance with the Housing Element's priorities. It will focus on activities including but not limited to assisting new development or rehabilitation housing projects that target extremely low-, very low-, low or moderate -income households, including necessary operating subsidies; provide for the preservation of affordable housing including the development of ADU's for a growing workforce at or below 60% AMI, and assist households experiencing homeless through rapid rehousing or other critical homeless services. Activities Detail (Activities Detail (Must Make a Selection on Formula Allocation Application worksheet under Eligible Activities, §301)) §301(a)(1) The predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live -work, rental housing that is affordable to extremely low -,very low-, low-, or moderate - income households, including necessary Operating subsidies. §301(a)(2) The predevelopment, development, acquisition, rehabilitation, and preservation of Affordable rental and ownership housing, including Accessory Dwelling Units (ADUs), that meets the needs of a growing workforce earning up to 120 percent of AMI, or 150 percent of AMI in high -cost areas. ADUs shall be available for occupancy for a term of no less than 30 days. §302(c)(4)(E)(i) Provide a detailed and complete description of how allocated funds will be used for each proposed Affordable Rental and Percentage of Funds Allocated for Affordable Owner - Ownership Housing Activity. occupied Workforce Housing Funds will be used for the preservation and rehabilitation of affordable rental and ownership housing. Funds for ADUs will be used to develop pre -approved plans and allow for discounted plan check fees as pre -approved plans are selected Complete the table below for each proposed Affordable Rental and Ownership Housing Activity to be funded with 2019-2023 PLHA allocations. If a single Activity will be assisting households at more than one level of Area Median Income please list the Activity as many times as needed to capture all of the AMI levels that will be assisted, but only show the percentage of annual funding allocated to the Activity one time (to avoid double counting). Funding Allocation Year 2021 2021 2021 2022 2022 2022 2023 2023 2023 Ownership Ownership Ownership Type of Affordable Housing Rental: Rehabilitatio ADU Rental: Rehabilitati ADU Rental: Rehabilitati ADU Activity n Rehabilitati on on Rehabilitati on on Rehabilitati on §302(c)(4)(E)(1i)Area Median 120% 120% 120% 120% 120% 120% 120% 120% 120% TOTAL Income Level Served §302(c)(4)(E)(9) Unrnet share of the RHNA at AMI Level 0 0 0 0 0 0 0 0 0 0 Note: complete for year 2019 & 2020 only §302(c)(4)(E)(i) Percentage of Funds Allocated for Each 30% 30% 40% 30% 30% 40 % 30% 30% 40 % Affordable Housing Activity §302(c)(4)(E)(9) Projected 10 10 10 10 10 10 10 10 10 90 Number of Households Served PLHA Page 1 131 of 472 §302(c)(4)(E)(Iv) Period of Affordability for the Proposed Activity (55 years required for rental housing projects) 55 55 55 55 55 55 55 55 55 §302(c)(4)(E)(li0 A description of major steps/actions and a proposed schedule for the implementation and completion of each Affordable Rental and Ownership Housing project. Funds will be used for the preservation and rehabilitation of affordable rental and ownership housing. Funds for ADUs will be used to develop pre -approved plans and allow for discounted plan check fees as pre -approved plans are selected. Once the initial notifications have occurred, and an interest list is developed, the City will screen each potential candidate to assess viability and willingness to participate §301(a)(3) Matching portions of funds placed into Local or Regional Housing Trust Funds. §301(a)(4) Matching portions of funds available through the Low- and Moderate -Income Housing Asset Fund pursuant to subdivision (d) of HSC Section 34176. §301(a)(5) Capitalized Reserves for Services connected to the preservation and creation of new permanent supportive housing. §301(a)(6) Assisting persons who are experiencing or At risk of homelessness, including, but not limited to, providing rapid rehousing, rental assistance, supportive/case management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing. §302(c)(4)(E)(i) Provide a detailed and complete description of how allocated funds will be used for the proposed Activity. The funds in this activity will be used to assisting households who are experiencing or at -risk for homelessness, including but not limited to providing rapid rehousing, supportive/case management services, and outreach to allow people to obtain and retain housing, operating and capital cost for navigation centers and emergency shelters. Complete the table below for each proposed Activity to be funded with 2019-2023 PLHA allocations. If a single Activity will be assisting households at more than one level of Area Median Income, please list the Activity as many times as needed to capture all of the AMI levels that will be assisted, but only show the percentage of annual funding allocated to the Activity one time (to avoid double counting). Funding Allocation Year 2019 2019 2019 2019 2020 2020 2020 2020 Type of Activity for Persons Experiencing or At Risk of Homelessness Rapid Rehousing Supportive /Case Managem ent Services Emergent y Shelter Operating P 9 Street Outreach Rapid Rehousing Supportive /Case Managem ent Services Emergenc y Shelter Operating Street Outreach §302(c)(4)(E)(i) Percentage of Funds Allocated for the Activity 30.00% 20.00% 30.00% 20.00% 30.00% 20.00% 30.00% 20.00% IIIProposed §302(c)(4)(E)(Ii) Area Median Income Level Served 30% 30% 30% 30% 30% 30% 30% 30% TOTAL §302(c)(4)(E)(Ii) Unmet share of the RHNA at AMI Level Note: complete for year 2019 & 2020 only 420 0 0 0 0 0 0 0 III 420 §302(c)(4)(E)(ii) Projected Number of Households Served 10 10 10 10 10 10 10 10 80 §302(c)(4)(E)(iv) Period of Affordability for the Proposed Activity (55 years required for rental housing projects) 55 55 55 55 55 55 55 55 11111k al. AL A III §302(c)(4)(E)(iii) A description of major steps/actions and a proposed schedule for the implementation and comp etion of the Activity. The funds in this activity will be used to assis households who are experiencing or at risk of homelessness. During the first year, funding will be available to agencies or non -profits who provide an array of human services that meet the Plan's goals and objectives. Once the initial notifications have occurred, and an interest list is developed, the City will screen each potential candidate to assess viability and willingness to participate. §301(a)(7) Accessibility modifications in Lower -income Owner -occupied housing. §301(a)(8) Efforts to acquire and rehabilitate foreclosed or vacant homes and apartments. §301(a)(9) Homeownership opportunities, including, but riot limited to, down payment assistance. PLHA Page 2 132 of 472 §301(a)(10) Fiscal incentives made by a county to a city within the county to incentivize approval of one or more affordable housing Projects, or matching funds invested by a county in an affordable housing development Project in a city within the county, provided that the city has made an equal or greater investment in the Project. The county fiscal incentives shall be in the form of a grant or low -interest loan to an affordable housing Project. Matching funds investments by both the county and the city also shall be a grant or low -interest deferred loan to the affordable housing Project. PLHA Pagc 3 133 of 472 Application Development Team (ADT) Support Form Rev. 5/7/21 Please complete the "yellow" cells in the form below and email a copy to: AppSupport@hcd.ca.gov. and PLHA@hcd.cagov. A member of the Application Development Team will respond to your request within ASAP. Full Name: Date Requested: Application Version Date: Organization: Email: Contact Phone: Justification: Issue # Program Name & Tab Section Cell# Update/Comment Urgency ADT Status Status Date 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PLHA Page 1 134 of 472 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City approving the National City Age -Friendly Action Plan. (Housing Authority) Please scroll down to view the backup material. 135 of 472 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 15, 2021 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City approving the National City Age -Friendly Action Plan. PREPARED BY: Myra Martinez Housing Programs Specialist II PHONE: (619) 336-4391 EXPLANATION: DEPARTMENT: Housing Authority APPROVED BY: The City of National City launched the Age -Friendly National City project in 2019 through AARP's Livable Communities Initiative, with support from The San Diego Foundation Age -Friendly Communities Program. This initiative is an affiliate of the World Health Organization's Global Network of Age -Friendly States and Communities, an international effort launched in 2006 to help cities and the world prepare for the growing population of older adults. AARP's Network of Age -Friendly Communities target improvements in Domains of Livability that influence older adults' health and quality of life. Over the course of the past 12 months, and with input from the National City residents, the Age -Friendly National City Project Team prepared an Action Plan to make National City a more livable community for all ages. FINANCIAL STATEMENT: ACCOUNT NO. Not applicable. ENVIRONMENTAL REVIEW: Not applicable. APPROVED: Finance APPROVED: MIS ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve the National City Age -Friendly Action Plan BOARD / COMMISSION RECOMMENDATION: Not applicable. ATTACHMENTS: 1. Background 2. Resolution 136 of 472 Attachment No. 1 City of National City June 15, 2021 Staff Report Explanation Resolution of the City Council of the City of National City approving the National City Age -Friendly Action Plan. Background: The City of National City launched the Age -Friendly National City project in 2019 through AARP's Livable Communities Initiative, supporting the San Diego Foundation Age -Friendly Communities Program. This initiative is an affiliate of the World Health Organization's Global Network of the Age -Friendly States and Communities, an international effort launched in 2006 to help cities prepare for their own and the world prepare for the growing population of older adults. AARP's Network of Age -Friendly Communities targets improved Domains of Livability that influence older adults' health and quality of life. Over the past 12 months, and with input from the National City residents, the Age -Friendly National City Project Team prepared an Action Plan to make National City a more livable community for all ages. During the baseline assessment phase, residents were asked to complete an online survey of livability perceptions, contribute their input through online engagement tools, and participate in an informational town hall workshop. Results from these activities helped informed the challenges and opportunity areas for livability improvements in National City. This data was compiled and prepared as a Mid -Project Report, made publicly available on February 16, 2021. The Age -Friendly National City Project Team, with support from other City staff and residents' feedback, determined that the baseline assessment pointed to seven Domains of Livability most relevant to National City, which included: Outdoor Space & Building, Social & Civic Participation, Community Information, Housing, Transportation, Health & Wellness, and Respect & Social Inclusion. The Action Plan was drafted based on input received from the community, stakeholders, and City staff to ensure that the Action Plan encapsulates the community's needs and feedback. The Action Plan is designed to meet the needs of all residents of all ages and backgrounds and create a more livable and connected community. The Project Team worked closely with City staff to finalize the Action Plan for City Council approval and begin implementing programs and policies within the Action Plan. This has resulted in an Action Plan that is not merely a "to-do list" for City staff but rather a template for shared responsibility and implementation. Appendix "A" lists the Domain -specific implementation tasks of this Action Plan. Document Review: The National City Age -friendly Plan Action Plan will be available to the public on the City of National City Age -Friendly National City webpage at http://www.nationalcityca.qov/afnc Timeline 05/2020-07/2020: 08/2020-09/2020: 10/2020-12/2020: 01/2021-02/2021: 03/2021-05/2021: 05/2021-06/2021: Policy Scan Community Survey Community Conversations Mid -Report Project Action Plan Development Final Action Plan 137 of 472 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. 138 of 472 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 15, 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 2021 The City of National City will be reimbursed $105,000 for FY 2021. PREPARED BY: Alejandro Hernandez, Captain DEPARTMENT: Polic PHONE: 1(619) 336-4519,E 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. 374 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 $105,000 for FY2021 FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. ( APPROVED: 'iFY19: Revenue: 001-11108-3467 FY21 $105,000 Expenditure: 001-411-108-* ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: MIS STAFF RECOMMENDATION: Approve the Resolution BOARD / COMMISSION RECOMMENDATION: N/Al ATTACHMENTS: • Agreement between the City of National City and the Sweetwater Union High School District Exhibit "A" Scope of Services • Powerpoint presentation 139 of 472 I AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND SWEETWATER UNION HIGH SCHOOL DISTRICT THIS AGREEMENT is entered into on this March 8, 2021, 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. 140 of 472 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 CONI`RACTOR. 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 10 City of National City and Sweetwater Union HSD 141 of 472 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 14 City of National City and Sweetwater Union HSD 142 of 472 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 10 City of National City and Sweetwater Union HSD 143 of 472 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. 3. 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 5 of 10 City of National City and Sweetwater Union HSD 144 of 472 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. [END OF AGREEMENT — SIGNATURES APPEAR ON NEXT PAGE] IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY SWEETWATER UNION HIGH SCHOOL DISTRICT By: By: Page 6 of 10 City of National City and Sweetwater Union HSD 145 of 472 Alejandra Sotelo-Solis, Mayor Date Ratified by City Council: APPROVED AS TO FORM: Charles E. Bell, Jr. City Attorney By: Date Ratified by Governing Board: a] Jennifer Carbuccia General Counsel 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. Page 7 of 10 City of National City and Sweetwater Union HSD 146 of 472 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: 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 Page 8 of 10 City of National City and Sweetwater Union HSD 147 of 472 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. 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: Page 9 of 10 City of National City and Sweetwater Union HSD 148 of 472 Chief Financial Officer Sweetwater Union High School District 1130 Fifth Avenue Chula Vista, CA. 91911-2896 Chief of Police National City Police Depat trnent 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 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 10 of 10 City of National City and Sweetwater Union }-SD 149 of 472 4/13/2021 Coversheet APFPdOVEID SWEEIWATER UNION HIGH SCHOOL DISTRICT March 8, 2021 Board Item - H.-1. Issue: Agreement for School Resource Officer (SRO) services for the 2020-2021 school year. Superintendent's Recommendation: Approve/ratify renewal of Agreement between the Sweetwater Union High School District (SUHSD) and the City of National City for School Resource Officer (SRO) services, for the 2020-2021 school year. Analysis: The Police Department of the City of National City provides uniformed School Resource Officers for all district schools in their jurisdiction. The school resource officers under contract with SUHSD and their respective agency enable the district to provide the necessary support to the schools in National City. The presence and pro -active support of law enforcement has greatly enhanced school security. School Resource Officers provide campus security and police follow-up; classroom presentations related to youth and the law; attendance at parent meetings and student events when necessary; and participate on the School Attendance Review Board (SARB) and School Safety Committees, when available. The Sweetwater Union High School District and the City of National City will provide two officers who are assigned to Sweetwater High, National City Middle and Granger Junior High Schools. One (1) officer will be funded jointly by the National School District and the Sweetwater Unlon High School District; and one (1) officer will be funded by the City of National City Police Department. Total cost to the district is $105,000. This Board Agenda Item supports LCAP Goal 2, safe and healthy learning environment, because it helps to provide safer campuses for students and staff. For questions regarding this board item, please contact Dr. Vernon Moore at (619) 691-5533 or vernon.moore©sweetwaterschools.org. Fiscal Impact: Cost not to exceed $105,000, for the 2020-2021 school year, to be paid from the district General Fund, LCFF/Supplemental and Concentration Account, Resource Code: 0090. ATTACHMENTS: Description Type NCPD Agreern nt Backup Material C7 ,37 Item H-1 - AUDIO CLIP - 03 08 21 Cover Memo https://sweetwatersch ools. novusagenda.com/agendapubl is/CoverSheetaspx? Item I D=91948Neeting ID=618 150 of 472 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 National School District for partial funding of the School Resource Officer Program for FY 2021. The City of National City will be reimbursed $77,068 for FY 2021. (Police) Please scroll down to view the backup material. 151 of 472 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 15, 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 National School District for partial funding of the School Resource Officer Program for FY 2021. The City of National City will be reimbursed $77,068 for FY 2021. PREPARED BY: Alejandro Hernandez, Captain DEPARTMENT: P PHONE: (619) 336-4519 APPROVED BY: EXPLANATION: jThe 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. 3ZG The proposed Agreement with the National 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 $77,068 for FY2021 and would be paid $77,068 for FY2021.' FINANCIAL STATEMENT: APPROVED: 4 w M -- Finance ACCOUNT NO. APPROVED: MIS FY19: Revenue: 001-11108-3467 FY21 $77,068 Expenditure: 001-411-108 * ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve the Resolution.1 BOARD / COMMISSION RECOMMENDATION: N/q ATTACHMENTS: • Agreement between the City of National City and the National School District Exhibit "A" Scope of Services • Powerpoint presentation 152 of 472 AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND NATIONAL SCHOOL DISTRICT THIS AGREEMENT ("Agreement") is entered into on this 1st day of July, 2020 ("Execution Date"), by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), on behalf of and in concert with THE NATIONAL CITY POLICE DEPARTMENT ("NCPD"), and the NATIONAL SCHOOL DISTRICT, a school district duly organized and validly existing under the laws of the State of California (hereinafter the "DISTRICT"). The CITY and the DISTRICT may be individually referred to herein as a "Party" or may be collectively referred to herein as the "Parties." RECITALS WHEREAS, the Parties desire to provide a safe, secure, and orderly teaching and learning environment for all students and staff within the DISTRICT and the CITY through the protection of 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, in consideration of the agreements and covenants contained in this Agreement, and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereto do mutually agree as follows: NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement shall become effective on the date of approval of this Agreement by the DISTRICT's Governing Board ("Board") ("Effective Date"). The duration of this Agreement is for the period from the Effective Date through June 30, 2021 ("Term"), unless terminated earlier as provided herein. Completion dates or time durations for specific portions of the project are set forth in the SCOPE OF SERVICES AND PAYMENT, attached hereto as Exhibit "A" and incorporated herein by reference. 1.1 This Agreement may be extended, upon the same terms and conditions, for one (1) additional one (1) year term, only by a document in writing executed by both Parties. If such extension is entered, such extension term would be for the period of July 1, 2020 through June 30, 2021 ("Extension Term"). 2. SCOPE OF SERVICES. The Parties agree to perform the services set forth in Exhibit "A", in accordance with all terms and conditions contained herein. 3. PURPOSE AND OBJECTIVES OF THE SRO PROGRAM. The mission of the School Resource Officer ("SRO") program is to create and maintain a safe, secure, and orderly 153 of 472 teaching and learning environment for all District students and staff. In achieving this mission, the SRO program will focus on the reduction and prevention of school -related violence and crime committed by juveniles and young adults. This is accomplished by assigning an SRO employed by the NCPD to monitor and police the facilities of the District during the Term of this Agreement, as described herein and within Exhibit "A". 4. 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 shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the DISTRICT. Director of Student Support Services thereby is designated as the Project Director for the DISTRICT. 5. COMPENSATION AND PAYMENT. 5.1 The total compensation from the DISTRICT to the CITY shall be a flat fee of Seventy -Seven Thousand Sixty -Eight Dollars for the period of July 1, 2020 through June30, 2021. 6. ACCEPTABILITY OF WORK. Either Party may request an informal meeting to discuss any concern regarding compliance with a Party's respective role(s) listed in Exhibit "A". To the extent reasonably possible, Parties agree in good faith to conduct such meeting no later than ten (10) business days after said request. 7. INDEPENDENT CONTRACTOR. Both Parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers with one another. Neither the 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. 8. CONTROL. 8.1 Neither the DISTRICT nor its Board, officers, agents, employees, consultants, or representatives shall have any control over the conduct of the CITY or any of the CITY's officers, agents, or employees, except as herein set forth or as otherwise required by law, and the CITY or the CITY's officers, agents, or employees are not in any manner officers, agents, or employees of the DISTRICT, it being understood that the CITY, its officers, agents, 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. 8.2 Neither the CITY nor its officers, agents, or employees shall have any control over the conduct of the DISTRICT or any of the DISTRICT's Board, officers, agents, employees, consultants, or representatives, except as herein set forth or as otherwise required by law, and the DISTRICT or the DISTRICT's Board, officers, agents, employees, consultants, or rage 2 of 18 City of National City and National School District 154 of 472 representatives are not in any manner officers, agents, or employees of the CITY, it being understood that the DISTRICT, its Board, officers, agents, employees, consultants, and representatives are as to the CITY wholly independent, and that the DISTRICT's obligations to the CITY are solely such as are prescribed by this Agreement. 9. COMPLIANCE WITH APPLICABLE LAW. 9.1 The DISTRICT, and its respective employees, contractors, consultants, and subcontractors bound by or acting pursuant to this Agreement, in the performance of the services to be provided herein, shall comply with all applicable local, state and federal statutes and regulations, and all applicable ordinances, rules, and regulations of the CITY, whether now in force or subsequently enacted. 9.2 The CITY, and its respective employees, contractors, consultants, and subcontractors bound by or acting pursuant to this Agreement, in the performance of the services to be provided herein, shall comply with all applicable local, state, and federal statutes and regulations, and all applicable ordinances, rules, and regulations of the DISTRICT, whether now in force or subsequently enacted. 10. LICENSES, PERMITS, ETC. Each Party represents and covenants that it and its respective employees, contractors, consultants, and subcontractors bound by or acting pursuant to this Agreement have all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its respective profession. Each Party represents and covenants that it 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 it to practice its profession. 11. STANDARD OF CARE. 11.1 The DISTRICT, and its respective employees, contractors, consultants, and subcontractors, 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 DISTRICT's trade or profession currently practicing under similar conditions and in similar locations. 11.2 The CITY, and its respective employees, contractors, consultants, and subcontractors, 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 trade or profession currently practicing under similar conditions and in similar locations. 12. NON-DISCRIMINATION PROVISIONS. 12.1 The DISTRICT 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 DISTRICT will take positive action rage 3 of 18 City of National City and National School District 155 of 472 to ensure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The DISTRICT agrees to post in conspicuous places available to employees and applicants for employment any legally required notices to such effect. 12.2 The CITY 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 CITY will take positive action to ensure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CITY agrees to post in conspicuous places available to employees and applicants for employment any legally required notices to such effect. 13. CONFIDENTIAL INFORMATION. 13.1 The Parties may from time to time communicate between or amongst each other, or be in possession of, certain confidential information. Such confidential information shall not be disclosed unless authorized by federal, state or local law, including applicable student privacy laws. 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. 13.2 DISTRICT believes, and by ratifying this Agreement determines, that providing safe school sites for children to learn is a legitimate educational interest. Thus, if and only if it is required to provide for the safety and security of school sites, the SRO may have direct access to student records, as authorized by 34 Code of Federal Regulations part 99.31(a)(1)(i)(A)- (B). In accordance with the statute, SRO shall be under the direct control of the DISTRICT with respect to the use and maintenance of education records and shall be subject to the re -disclosure requirements of 34 Code of Federal Regulations part 99.33. The assigned SRO shall sign an acknowledgment of these conditions, substantially in the form of the Use of Educational Records Form, attached hereto as Exhibit "B" and incorporated herein by reference, prior to the start of his or her assignment. Without limiting its applicability in any way, the Parties specifically acknowledge that the indemnity, defense, and hold harmless provisions of Section 16 to this Agreement shall apply to student record access under this Section. 14. NO INDEPENDENT BASIS FOR LIABILITY. 14.1 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 Page 4of18 City of National City and National School District 156 of 472 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. 14.2 Nothing herein shall create, by this or other understanding between the Parties, an independent basis for liability of the DISTRICT to either the CITY 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 DISTRICT's liability, if any it may have, shall be that as determined by law without regard to the existence of this Agreement. 15. INDEMNIFICATION AND HOLD HARMLESS. 15.1 Notwithstanding any other provision of this Agreement, DISTRICT agrees to indemnify, defend, and hold CITY, its officers, officials, agents, employees, and volunteers free and harmless against and from any and all claims, demands, suits, actions, causes of action, proceedings, liability, loss, costs, expenses, damages or injuries, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, to the extent arising out of or incident to any act, omission, breach or willful conduct of DISTRICT, its Board, officers, agents, employees, consultants, and representatives arising out of or in connection with the performance of this Agreement, including, without limitation, the payment of all consequential damages and attorneys' fees and other related costs and expenses, excepting only liability arising out of the sole negligence or willful misconduct of the CITY. If obligated to indemnify, defend, or hold harmless CITY under this Agreement, DISTRICT shall reimburse CITY for all costs, attorneys' fees, expenses and liabilities associated with any resulting legal action. DISTRICT shall seek CITY's approval of any settlement that could adversely affect CITY, its officers, officials, agents or employees. 15.2 Notwithstanding any other provision of this Agreement, CITY agrees to indemnify, defend, and hold DISTRICT, its Board, officers, agents, employees, consultants, and representatives free and harmless against and from any and all claims, demands, suits, actions, causes of action, proceedings, liability, loss, costs, expenses, damages or injuries, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, to the extent arising out of or incident to any act, omission, breach or willful conduct of CITY, its officers, officials, agents, employees, and volunteers arising out of or in connection with the performance of this Agreement, including, without limitation, the payment of all consequential damages and attorneys' fees and other related costs and expenses, excepting only liability arising out of the sole negligence or willful misconduct of DISTRICT. If obligated to indemnify, defend, or hold harmless DISTRICT under this Agreement, CITY shall reimburse DISTRICT for all costs, attorneys' fees, expenses and liabilities associated with any resulting legal action. CITY shall seek DISTRICT's approval of any settlement that could adversely affect DISTRICT, its Board, officers, agents, employees, consultants, and representatives. 15.3 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. 16. INSURANCE. Page 5of18 City of National City and National School District 157 of 472 Each Party, at its sole cost and expense and for the full Term of this Agreement shall obtain and maintain at least all of the following minimum insurance requirements. All or a portion of the required insurance may be satisfied through the use of a self-insurance program or pooled insurance, if any. The Parties must provide an affidavit of self-insurance, or pooled insurance if any. 16.1 Comprehensive General Liability. A policy with a minimum limit of not less than Five Million Dollars ($5,000,000) combined single limit per occurrence for bodily injury and property damage, providing at least all of the following minimum coverages: Premises Operations Blanket Contractual Personal Injury 16.2 Workers' Compensation and Employers' Liability. A policy written in accordance with the laws of the State of California and providing coverage for any and all employees of the Party. This policy shall provide coverage for Workers' Compensation (Coverage A) with statutory limits. This policy shall also provide coverage of One Million Dollars ($1,000,000) Employers' Liability (Coverage B). 16.3 Comprehensive Business Auto. A policy with a minimum of not less than Two Million Dollars ($2,000,000) combined single limit per occurrence for bodily injury and property damage. Coverage shall be applicable (without deductibles) to any and all leased, owned, hired, or non -owned vehicles used in pursuit of any of the activities associated with this Agreement. 16.4 Special Provisions. The foregoing requirements as to the types and limits of insurance coverage are to be maintained by the Parties, and any approval of said insurance by the other Party, or its insurance consultants, are not intended to and shall not in any mariner limit or qualify the liabilities and obligations otherwise assumed by each Party pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification. Both Parties, prior to the commencement of this Agreement, shall provide the other Party with an insurance endorsement naming the other Party, its elected officials, employees, and agents additional insureds on the General Liability Policy. Those Parties that provide coverage through a Joint Powers Polling Authority shall provide evidence naming the other Party as an additional covered Party in lieu of providing an additional insured endorsement. 17. 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 rage 6 of 18 City of National City and National School District 158 of 472 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. 17.1 For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party shall, in addition, be limited to the amount of attorney's fees incurred by the other Party in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 18. TERMINATION. This Agreement may be terminated by either Party, with or without cause, upon thirty (30) business days' written notice to the other Party. 19. NOTICES. All notices, consent, or other communications required or permitted hereunder shall be in writing, and may be personally delivered; sent by overnight mail (Federal Express or the like); sent by registered or certified mail, postage prepaid, return receipt requested; sent by ordinary mail, postage prepaid; telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax. Such notices, consent, or other communications 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 National School District 1500 N Avenue National City, CA 91950 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 Page 7of18 City of National City and National School District 159 of 472 cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 20. MISCELLANEOUS PROVISIONS. 20.1 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, legal, or DISTRICT 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, legal, or DISTRICT holiday. 20.2 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. 20.3 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. 20.4 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. 20.5 Exhibits. The Exhibits attached hereto are hereby incorporated herein by this reference for all purposes. To the extent any exhibits 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. 20.6 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. 20.7 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. 20.8 Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 20.9 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. 20.10 Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the Parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either Party hereto, or by or to an employee, officer, agent or representative of any Party hereto shall be of any effect unless it is in writing and executed by the Party to be bound thereby. Page 8of18 City of National City and National School District 160 of 472 20.11 Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the Parties hereto. 20.12 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. 20.13 Severability. In the event any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, or is otherwise inconsistent with applicable law, then, upon the request of either Party, the Parties shall promptly meet and confer to determine how to amend the affected term or terms of this Agreement in a manner consistent with the applicable law, but, in any event, all parts of this Agreement not affected shall remain in full force and effect. 20.14 Authority. The person signing this Agreement for the DISTRICT hereby represents and warrants that he or she is fully authorized to sign this Agreement on behalf of the DISTRICT. The person signing this Agreement for the CITY hereby represents and warrants that he or she is fully authorized to sign this Agreement on behalf of the CITY. [Signature Page to Follow] IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. Page 9 of 18 City of National City and National School District 161 of 472 CITY OF NATIONAL CITY NATIONAL SCHOOL DISTRICT By: atipldr a By: (Name) Alejandra Sotelo Solis, Mayor APPROVED AS TO FORM: By: Charles E. Bell Jr. City Attorney Dr. Leighangela Brady (Print) Superintendent (Title) Board Approved 5/27/2020 rage 10 of 18 City of National City and National School District 162 of 472 EXHIBIT "A" 1. SCOPE OF SERVICES AND PAYMENT MISSION STATEMENT: It is the mission of the National School District ("DISTRICT") and the City of National City ("CITY"), on behalf of and in concert with the National City Police Department ("NCPD"), to provide a safe, secure, orderly teaching and learning environment for all students and staff within the DISTRICT and the City through the protection of life and property. The City and the DISTRICT may be individually referred to herein as a "Party" or may be collectively referred to herein as the "Parties." Ensuring the safety of students and staff on school campuses and deterring gangs, drug abuse, criminal acts, and traffic violations in CITY are priorities to both the DISTRICT and the NCPD. Both the DISTRICT and the NCPD believe that campus security is enhanced by the presence of police officers and that police officers on campus also help improve relations between the NCPD and youth in our community. The DISTRICT and the NCPD agree to work together to provide the presence of a uniformed police officer as a School Resource Officer ("SRO") on DISTRICT's school campus(es) to help maintain a secure environment in and around DISTRICT's schools. The DISTRICT and the NCPD agree to annually work together to monitor calls for service on school campuses, as well as around school campuses during school hours when the calls are deemed to be a concern or threat to the students, staff, or school property. The calls for service data may be used to assist in determining the ongoing value of the SRO program to both Parties. To this end, the Parties agree to the following respective roles and responsibilities pursuant to the Agreement: ROLE OF THE NATIONAL SCHOOL DISTRICT: The DISTRICT agrees to: 1. Coordinate scheduling with the SRO and the assigned NCPD supervisor. 2. Schedule annual safety orientation meetings at all schools for stakeholders. 3. Schedule annual safety orientation parent meetings at all schools. 4. Provide adequate space for the SRO to carry out non -classroom duties. 5. Provide regular feedback to the law enforcement agency concerning the performance of the SRO. 6. Permit the SRO access to the playground and cafeteria to allow for informal interaction with the students. 7. Provide audio-visual equipment for social skills/conflict resolution instruction, drug education and other law enforcement related educational presentations. rage 11 of 18 City of National City and National School District 163 of 472 8. To the extent DISTRICT has actual knowledge, report all criminal activity occurring on or about school campuses and all criminal activity involving students to the NCPD. 9. DISTRICT shall comply with the notification and other requirements of Education Code section 48902, which provides: (a) The principal of a school or the principal's designee shall, before the suspension or expulsion of any pupil, notify the appropriate law enforcement authorities of the county or city in which the school is situated, of any acts of the pupil that may violate Section 245 of the Penal Code. (b) The principal of a school or the principal's designee shall, within one school day after suspension or expulsion of any pupil, notify, by telephone or any other appropriate method chosen by the school, the appropriate law enforcement authorities of the county or the school DISTRICT in which the school is situated of any acts of the pupil that may violate subdivision (c) or (d) of Section 48900. (c) Notwithstanding subdivision (b), the principal of a school or the principal's designee shall notify the appropriate law enforcement authorities of the county or city in which the school is located of any acts of a pupil that may involve the possession or sale of narcotics or of a controlled substance or a violation of Section 626.9 or 626.10 of the Penal Code. The principal of a school or the principal's designee shall report any act specified in paragraph (1) or (5) of subdivision (c) of Section 48915 committed by a pupil or nonpupil on a schoolsite to the city police or county sheriff with jurisdiction over the school and the school security department or the school police department, as applicable. (d) A principal, the principal's designee, or any other person reporting a known or suspected act described in subdivision (a) or (b) is not civilly or criminally liable as a result of making any report authorized by this article unless it can be proven that a false report was made and that the person knew the report was false or the report was made with reckless disregard for the truth or falsity of the report. (e) The principal of a school or the principal's designee reporting a criminal act committed by a schoolage individual with exceptional needs, as defined in Section 56026, shall ensure that copies of the special education and disciplinary records of the pupil are transmitted, as described in Section 1415(k)(6) of Title 20 of the United States Code, for consideration by the appropriate authorities to whom he or she reports the criminal act. Any copies of the pupil's special education and disciplinary records may be transmitted only to the extent permissible under the federal Family Educational Rights and Privacy Act of 1974 (20 U.S.C. § 1232g et seq.) If notification is provided as discussed above, and no juvenile or criminal charges are to be filed and no administrative action is to be taken by the school rage 12 of 18 City of National City and National School District 164 of 472 administration/DISTRICT office, the contraband shall be confiscated by the SRO according to NCPD policy and properly disposed of. 10. Develop procedures to handle campus safety issues. 11. Establish and follow procedures for referring police involvement. 12. Abstain from calling upon the SRO for enforcement duties while they are involved in classroom presentations except in emergencies. 13. Remit payment to the CITY for the Term, pursuant to the following terms: (a) The total compensation from the DISTRICT to the CITY shall be the flat fee of seventy-seven thousand six -eight dollars ($77,068.00) for a period of July 1, 2020 through June 30, 2021, upon invoicing, following the agreement and ratification by the Board 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 extension. Any extension of this Agreement must be approved in writing by the Chief of Police, and the DISTRICT. (b) Each invoice shall provide a detailed summary by school site of services provided by the SRO pursuant to the Agreement and shall contain an invoice number. All uncontested invoices shall be paid, payable to the NCPD, within thirty (30) days after receipt of invoice at the required DISTRICT address provided in Section 20 of the Agreement. Payment shall not forfeit the DISTRICT's right to inspect the invoice documentation, nor shall the withholding of any payment or prorated portion thereof preclude the DISTRICT from pursuing any other rights or remedies it may have under the invoice. The total combined amount for the First Payment Term invoice and Second Payment Term invoice shall not exceed the NTE Amount for the Term. 14. In the event that the Parties mutually agree to an extension in accordance with the Agreement ("Extension Term"), DISTRICT shall remit payment for the Extension Term, pursuant to the following terms: (a) The total compensation from the DISTRICT to the CITY for the Extension Term is not -to -exceed seventy-seven thousand sixty-eight dollars ($77,068.00) ("Extension NTE Amount"). This amount is to offset the cost approximately equal to one hundred percent (100%) of the annual salary and benefits for one (1) National City Police Officer at E-Step for the Extension Term. (b) During the Extension Term, for each month during which CITY or NCPD has assigned and provided to the DISTRICT an officer to serve as an SRO in accordance with the Agreement and upon which said SRO has regularly performed services pursuant to the Agreement at DISTRICT's school site(s) in accordance with this Agreement, the CITY or NCPD shall provide the DISTRICT with a rage 13 of 18 City of National City and National School District 165 of 472 monthly invoice on the first (1st) day of the following month. Each monthly invoice shall provide a detailed summary by school site of services provided by the SRO pursuant to the Agreement. CITY shall ensure that an invoice number is entered on all invoices submitted for payment. The total combined amount for all CITY invoices shall not exceed the Extension NTE Amount for the Extension Term. All uncontested invoices shall be paid, payable to the NCPD, within thirty (30) days after receipt of invoice at the required DISTRICT address provided in Section 20 of the Agreement. Payment shall not forfeit the DISTRICT's right to inspect the invoice documentation, nor shall the withholding of any payment or prorated portion thereof preclude the DISTRICT from pursuing any other rights or remedies it may have under the invoice. 15. Coordinate with the NCPD, other public and private agencies, community and civic groups to develop a community partnership in support of crime reduction, traffic safety and other police programs. ROLE OF THE NATIONAL CITY POLICE DEPARTMENT: The NCPD shall provide the following services: 1. Assign a uniformed police officer as the SRO through shared mutual agreements with the DISTRICT and the SUHSD from July 1, 2020 through June 30, 2021. • The shared SRO shall be responsible for providing law services to both DISTRICT and the SUHSD. 2. Assign a uniformed police officer as the SRO to primarily focus on serving DISTRICT schools beginning July 1, 2020 through June 30, 2021. 3. Assign the SRO to liaison with the school campuses of the DISTRICT with the purpose of being engaged in the following duties: • Coordinate with DISTRICT to ensure annual training for teachers and other school staff on law enforcement and campus security issues. • Serve as a member of the DISTRICT's Student Attendance Review Board ("SARB"). • Provide general law enforcement duties focusing on: o Safety of students and staff on campus o Gang related violence and crime o Campus intrusion rage 14 of 18 City of National City and National School District 166 of 472 o Loss and/or damage to property o Weapons on campus o Alcohol and drugs on campus o Truancy o Traffic Safety 4. Ensure that the officer assigned as the SRO receives all required training and any additional training deemed beneficial to their tasks. 5. Designate a member of the police staff to regularly meet with DISTRICT' s staff to evaluate program needs, upon DISTRICT's request. 6. Ensure the SRO will be afforded ample time to engage in informal interaction with the students. 7. Abstain from having the SRO perform enforcement duties during time scheduled for classroom presentations, except in cases of emergency, or cases of urgency determined by the Chief of Police of his designee. 8. Pay the agreed upon monies toward the salary and benefits for the police officer assigned as the SRO. 9. Agree that the day-to-day operation and administrative control of the SRO and SRO program shall be the responsibility of the NCPD. Responsibility for the conduct of the SRO, both personally and professional, shall remain solely with the NCPD. The SRO is employed and retained by the NCPD, and in no event shall the SRO be considered an employee of the DISTRICT. Although the SRO has a campus -based philosophy, the SRO is still required to respond to other schools when dispatched, in addition to investigating school related crime and incidents. The SRO shall do the following: 1. Enforce criminal law and protect the students, staff, and public at large against criminal activity. The SRO shall follow the chain of command as set forth in the policy manual of the NCPD. School authorities and the parents of any child involved shall be notified as quickly as possible when the SRO takes any direct law enforcement action involving a student, on -campus or off -campus, during school hours. 2. Complete reports and investigate crimes committed on campus. 3. Coordinate, whenever practical, investigative procedures between law enforcement and school administrators. The SRO shall abide by all applicable legal requirements concerning interviews or searches, should it become necessary to conduct formal law rage 15 of 18 City of National City and National School District 167 of 472 enforcement interviews or searches with students or staff on school property or at school functions under the jurisdiction of the DISTRICT. The SRO will not be involved in searches conducted by DISTRICT's personnel unless a criminal act is involved or unless DISTRICT's personnel requires the assistance of the SRO because of exigent circumstances, such as the need for safety or to prevent flight. Formal investigations and arrests by law enforcement officials will be conducted in accordance with applicable legal requirements. 4. Take appropriate enforcement action on criminal matters as necessary. The SRO shall, whenever practical, advise the principal before requesting additional law enforcement assistance on campus and shall inform the principal of any additional law enforcement responsibilities that may need to be undertaken. 5. Comply with all laws, regulations, policies of the NCPD, and DISTRICT's Governing Board ("Board") policies, including but not limited to laws, regulations, and policies regarding access to confidential student records and/or the detention, investigation, and searching of students on school premises, provided that the SRO shall under no circumstances be required or expected to act or behave in a manner inconsistent with their duties as law enforcement officers. 6. Attend the DISTRICT's SARB Hearings at NCPD. 7. Attend site -based SARB meetings as requested. 8. Issue citations to parents for violations of the SARB contract. 9. Coordinate, train and inspect individual Safety Patrols as requested. 10. Provide parent education/presentations to parent groups, upon DISTRICT's request. 11. Attend meetings and facilitate participation for the San Diego Law Enforcement Teddy Bear Drive. 12. As available, provide education related to criminal law and drug awareness to middle and high school students, upon DISTRICT's request. 13. Teach narcotics awareness at DISTRICT's Parent/Teacher Association meetings and student classrooms/assemblies, upon DISTRICT 's request. 14. Facilitate NCPD participation and pin sales for Shop with a Cop event. 15. Facilitate the Padre Law Enforcement Day Program for NCPD and CITY employees. 16. Inspect and approve individual school safety plans for elementary and secondary schools. Confer with the school site principal and DISTRICT administrators to develop plans and rage 16 of 18 City of National City and National School District 168 of 472 strategies to prevent and/or minimize situations on or near DISTRICT's campus(es) or involving students at school -related activities. 17. Participate in the NCPD 290 (Sex Crime Registrant) Compliance Inspections, to the extent expressly permitted by law. 18. Conduct juvenile warrant sweeps, to the extent expressly permitted by law. 19. Attend various school events and fairs as requested. If the SRO attends such school events or fairs and there are overtime costs, DISTRICT shall be liable for such overtime cots only if the DISTRICT has given prior written approval. 20. Enforce the San Diego County Daytime Loitering within CITY limits. 21. Attend school based disciplinary hearings and intervention programs. 22. Participate in multi -agency Truancy/Daytime Loitering Sweeps within the CITY limits, to the extent expressly permitted by law. 23. Follow all Police Department Policies (DOP) regarding role, responsibility and officer conduct. 24. Be familiar with all community agencies offering assistance to youths and their families, such as mental health clinics and drug treatment centers, and, in consultation with school administration, may make referrals when appropriate. 25. It is the responsibility of the SRO to report work schedule conflicts to the DISTRICT. rage 17 of 18 City of National City and National School District 169 of 472 EXHIBIT "B" 2. USE OF EDUCATIONAL RECORDS FORM I, [Name] , was assigned as a School Resource Officer at National School District on [Name] . By signing below, I confirm that: (1) I will access educational records in my capacity as a School Resource Officer at National School District if any only if it is required to provide for the safety and security of school sites. (2) I understand and agree that the National School District shall have direct control of my use and maintenance of such educational records. (3) I understand that I may only use the information for the purpose which disclosure was made and that I will comply with the re -disclosure requirements set forth under 34 Code of Federal Regulations part 99.33. (4) I have had sufficient time to review this Acknowledgement and fully understand its contents. Print Name Signature Date 151-5/4542377.1 151-5/4542377.2 rage 18 of 18 City of National City and National School District 170 of 472 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. 171 of 472 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 15, 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 PHONE: (619) 336-4514 EXPLANATION: DEPARTMENT: Poli. Departrpent APPROVED BY: evh 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: APPROVED: ACCOUNT NO. APPROVED: No cost to City ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve Resolution. BOARD / COMMISSION RECOMMENDATION:. N/A ATTACHMENTS: 1. Agreement for Sale of Vehicle SDSU 172 of 472 AGREEMENT FOR SALE OF SURPLUS PROPERTY This AGREEMENT FOR SALE OF SURPLUS PROPERTY ("Agreement") is made this day of 2021 ("Date of Sale") by and between the City of National City, a California municipal corporation ("City"), and San Diego State University Police Department ("Buyer"). For good consideration it is agreed between the parties that: 1. City agrees to sell, and Buyer agrees to buy the following described surplus property: One (1) Honda 1300 ST Motorcycle ("Vehicle") described as: Year/Make VIN 2011 Honda 1300 ST JH@SC517BK700143 2. Buyer agrees to pay to the City the total purchase price of Eight Thousand Dollars and no/100 ($8,000.00); payable by 2.1 Year/Make VIN 2011 Honda 1300 ST JH@SC517BK700143 2.2 Payable To: City of National City 1243 National City Blvd. National City, CA 91950 3. City warrants it has full legal title to said Vehicle. Purchase Price $8,000.00 4. Buyer shall pay all taxes, costs, and fees imposed by any governmental entity upon the Vehicles as well as all operating costs and expenses associated with the Vehicle. 5. The parties agree that the City will be released of all liability resulting from the operation of the Vehicle effective upon the Date of Sale (California Vehicle Code§5602). The City shall cause the Notice of Release of Liability to be properly filed with the California Department of Motor Vehicles upon the Date of Sale. 6. Release of Liability: The undersigned hereby certifies that he or she is authorized to sign this document on behalf of the organization or governmental agency herein after referred to as the Buyer. The Buyer thereby agrees to indemnify and hold harmless, at its own risk, cost and expense, defend the City, its officers, agents, employees, and volunteers 1 173 of 472 hereinafter referred to as the City from and against any and all liability, loss, or expense to persons or property, including defense costs, legal fees, and claims for damages, arising out of, or related to, the access to or use of City property, including access to City facilities, and viewing, selection, removal, loading/unloading, or eventual use or transfer of vehicle by the Buyer and any person using, operating or handling that property. 7. No warranties - asset is being sold "As Is" The City makes no representations whatsoever, extend no warranties of any kind, either express or implied, including but not limited to the implied warranties of merchantability or fitness for a particular purpose, and assumes no responsibilities whatsoever with respect to design, development, manufacture, or use of the vehicle. Furthermore, in no event shall the City be liable for direct, indirect, special, consequential, incidental or punitive loss, damage, or expenses arising out of or in connection with this vehicle, including but not limited to Buyer's use of the vehicle or removal of the vehicle from the City's premises, whether based on breach of contract or tort which would include any negligence by the City. 8. The parties agree to transfer title of the subject vehicle upon receipt of the full payment, at the address of the City located at: City of National City 1243 National City Blvd. National City, CA 91950 9. This agreement shall be binding and inure to the benefit of the parties, their successors, assigns and personal representatives. IN WITNESS WHEREOF, the parties have read and fully understand the terms and conditions as set out in this Agreement. Executed on the dates written below. CITY OF NATIONAL CITY San Diego State University Police Department By: By: Phil Davis, Interim Finance Director Ronald Broussard ATTEST: By: Luz Molina, City Clerk APPROVED AS TO FORM: By: Charles E. Bell Jr. City Attorney 2 (Print) Investigations, Traffic Motors 174 of 472 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City approving and authorizing the Mayor to sign the Sixth Amendment to the Agreement by and between the City of National City and American Medical Response Ambulance Service, Inc. to continue to provide basic and advanced life support ambulance transportation services effective July 1, 2021, for a period of two years. (Fire) Please scroll down to view the backup material. 175 of 472 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 15, 2021 AGENDA ITEM NO, ITEM TITLE: Resolution of the City Council of the City of National City approving and authorizing the Mayor to sign the Sixth Amendment to the Agreement by and between the City of National City and American Medical Response Ambulance Service, Inc. to continue to provide basic and advanced life support ambulance transportation services effective July 1, 2021, for a period of two years. (Fire) PREPARED BY: Frank Parra DEPARTMENT: Fire PHONE: 1619-336-4551 APPROVED BY: EXPLANATION: The City's ambulance services contract with American Medical Response Ambulance Services, Inc. (AMR) was approved by the City Council on June 20, 2006. AMR, at no direct cost to the City, has been providing basic and advanced life support ambulance transportation services to the City since October 1, 1983. AMR pays the City a Franchise Fee on a monthly basis. The amount of such fee is determined solely and at the absolute discretion of the City. The purpose of the fee is to offset the City's costs for activities associated with providing and maintaining programs associated with emergency medical services care at an ALS-level (Advanced Life Support) and oversight of the ambulance contract. AMR has the ability to directly bill individuals utilizing their services or bill appropriate third -party insurance carriers. AMR bills for ambulance service per transport, calls for service during which patient care meets transport criteria and mileage. AMR may increase fees and/or charges for services provided in order to fully realize revenues sufficient to make up the projected annual increase in Franchise Fees. Due to changes adopted by the California Emergency Medical Services Authority, local control of the EMS request for proposal (RFP) process was transferred to County EMS. The City continues to explore the ability to regain local control of the EMS RFP process; in light of our efforts, the County's RFP development process has been delayed. Therefore, the National City Fire Department is seeking a two year extension of the AMR contract starting July 1, 2021 through June 30, 2023 until the EMS RFP process is defined. This extension will maintain the Franchise Fee revenue in FY21/22 and FY22/23 at $318,023. FINANCIAL STATEMENT: ACCOUNT NO. 130-00000-3034 APPROVED: -Q APPROVED: Finance MIS Agreement is a fee for service with no General Fund revenue subsidy. The Franchise Fee revenue in FY21/22 and FY22/23 will maintained at $318,023 annually. ENVIRONMENTAL REVIEW: iN/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Sixth Amendment to the Agreement by and between the City of National City and American Medical Response Ambulance Service, Inc. 2. Resolution 176 of 472 SIXTH AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND AMERICAN MEDICAL RESPONSE AMBULANCE SERVICE, INC. This Sixth Amendment to the Agreement By and Between the City of National City and American Medical Response Ambulance Service, Inc. ("Sixth Amendment") is entered into this 15th day of June, 2021, by and between the City of National City ("CITY") and American Medical Response Ambulance Service, Inc., ("AMR"). RECITALS A. WHEREAS, on June 20, 2006, CITY and AMR entered into an agreement entitled "Agreement by and between the City of National City and American Medical Response Ambulance Service, Inc." ("Agreement"); and B. WHEREAS, on November 23, 2010, CITY and AMR exercised the option to extend the term of the Agreement for two years, following expiration on June 30, 2011; and C. WHEREAS, on June 18, 2013, CITY and AMR exercised the option to extend the term of the Agreement for two years, following expiration on June 30, 2013; and D. WHEREAS, on June 16, 2015, CITY and AMR exercised the option to extend the term of the Agreement for two years, following expiration on June 30, 2015; and E. WHEREAS, due to the uncertainty of control over the EMS RFP process, the CITY and AMR decided to extend the term of the Agreement for two years, following the expiration on June 30, 2017; and F. WHEREAS, on June 18, 2019, CITY and AMR exercised the option to extend the term of the Agreement for two years, following expiration on June 30, 2019; and G. WHEREAS, the CITY continues to explore the ability to regain local control of the EMS RFP process; and H. WHEREAS, the CITY and AMR desire to amend the Agreement by amending Section II, Subsection A.11(d); Section IV, Subsection B.1; and Section VI, Subsection E.1; and WHEREAS, since County EMS has paused the EMS RFP development, the CITY and AMR desire to extend the term of the Agreement for two years, following the expiration on June 30, 2021, as provided for in amended Section VI, Subsection E.1; and J. WHEREAS, AMR has met all of the eligibility requirements for an extension of the Agreement as set forth in Section VI, Subsection E.1 NOW, THEREFORE, in consideration of the mutual benefit to be derived therefrom, CITY and AMR agree as follows: 2021 Sixth Amendment to Agreement 1 City of National City and AMR 177 of 472 1. Section VI, Subsection E.1 is amended with the term of the Agreement being extended for an additional two years from the time the current Agreement expires on June 30, 2021 to June 30, 2023. 2. Section II, Subsection A.11(d) is amended by modifying the Franchise Fee Payments as follows: Franchise Fees Actual Estimate Estimate FY 2020-21 FY 2021-22 FY 2022-23 $318,023 $318,023 $318,023 3. Section IV, Subsection B.1 is amended by replacing Subsection B.1 with the following: B.1. Effective July 1, 2021, the Ambulance Service Base Rate for Advanced Life Support will be ALS - $2,660.93 4. The parties further agree that with the foregoing exceptions, each and every term and provision of the Agreement by and between the CITY and AMR, dated June 20, 2006, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Sixth Amendment to be executed the day and year first herein set forth. CITY OF NATIONAL CITY AMERICAN MEDICAL RESPONSE AMBULANCE SERVICE, INC. By: By: Alejandra Sotelo-Solis, Mayor Tom Wagner, CEO AMR Regional Operations ATTEST: Luz Molina, City Clerk APPROVED AS TO FORM: Charles E. Bell Jr., City Attorney 2021 Sixth Amendment to Agreement 2 City of National City and AMR 178 of 472 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the Mayor to execute the Second Amendment to the agreement by and between the City of National City and NHA Advisors, LLC (Finance) Please scroll down to view the backup material. 179 of 472 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 15, 2021 AGENDA ITEM NO.: ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute the Second Amendment to the Agreement by and between the City of National City and NHA Advisors, LLC for municipal advisory services, extending the Agreement to December 31, 2021. PREPARED BY: Phillip Davis, Interim Director of Finance DEPARTMENT: Finance PHONE: 619-336-4265 APPROVED BY: EXPLANATION: The City of National City (City) entered into an agreement with NHA Advisors, LLC on January 17, 2017 for municipal advisory services for the City for the period of January 17, 2017 through December 31, 2019 with an option for the City to extend the agreement under the same terms and conditions for up to two (2) additional years beyond the initial contract expiration date. On January 21, 2020, the City and Consultant extended the term of the agreement for one year to December 31, 2020. Staff seeks approval to exercise the second one (1) year option. This Amendment would extend the Agreement for a one-year term ending December 31, 2021. FINANCIAL STATEMENT: APPROVED: FINANCE ACCOUNT NO. APPROVED: MIS 001-404-045-213 (Professional Services) Expenses vary depending upon services required; however, since agreement inception, costs have totaled approximately $34,877. ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION STAFF RECOMMENDATION: Adopt the resolution, authorizing the Mayor to execute the Second Amendment to the Agreement by and between the City of National City and NHA Advisors, LLC for municipal advisory services, extending the Agreement to December 31, 2021. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. NHA Advisors, LLC agreement amendment 2. Resolution 1 dU Oi 4 /2 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE THE SECOND AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND NHA ADVISORS, LLC THIS SECOND AMENDMENT TO THE AGREEMENT is entered into this 15th day of June, 2021, by and between the CITY OF NATIONAL CITY, a municipal corporation ("CITY"), and NHA ADVISORS, LLC OF SAN RAFAEL CALIFORNIA, a limited liability company (the "CONSULTANT"). RECITALS WHEREAS, the CITY and the CONSULTANT entered into an Agreement on January 17, 2017 ("the Agreement"), wherein the CONSULTANT agreed to provide municipal advisory services at the City for the period of January 17, 2017 through December 31, 2019, with the option to extend this term for up to two (2), one-year extensions; and WHEREAS, on January 21, 2020, the CITY and CONSULTANT entered into an agreement to extend the term of the Agreement for one year, to December 31, 2020 ("First Amendment to the Agreement"); and WHEREAS, the parties desire to amend the Agreement by exercising the last of the one-year options to extend the term of the Agreement to December 31, 2021; and WHEREAS, the parties desire to add an Exhibit A Supplement to include General Fund Consulting; and WHEREAS, the Exhibit A Supplement is still within the original scope of Municipal Advisory Services. AGREEMENT NOW, THEREFORE, the parties hereto agree that: 1. This Second Amendment to the Agreement amends the January 17, 2017 Agreement by exercising the final option to extend the term of the Agreement for one year, for the time period January 1, 2021 to December 31, 2021; and 2. The CITY and CONSULTANT expand the scope of services to include General Fund Consulting as set forth in the Exhibit A Supplement. Amended Agreement Page 1 of 2 City of National City and Revised March 2021 NHA Advisors, LLC 181 of 472 3. The parties further agree that, with the foregoing exceptions, each and every other term and provision of the January 17, 2017 Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Agreement on the date and year first above written. CITY OF NATIONAL CITY By: [Signature Page to Follow] NHA Advisors, LLC (Corporation — signatures of two corporate officers required) (Partnership or Sole proprietorship — one signature) By: (Name) Alejandra Sotelo-Solis, Mayor Gerald Craig Hill (Print) APPROVED AS TO FORM: By: Jennifer K. Gilman Deputy City Attorney Managir Principal cs j (Name) Mark Northcross (Print) Principal (Title) Amended Agreement Page 2 of 2 l City of National City and Revised March 2021 NHA Advisors, LLC 182 of 472 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the Mayor to execute a First Amendment to the Service Agreement between the City of National City and EXOS Community Services, LLC, extending the term of the agreement to June 30, 2022, with the option to extend the Service Agreement for two additional one year terms to provide aquatic programs and services at Las Palmas Pool located at 1800 East 22nd Street. (Community Services) Please scroll down to view the backup material. 183 of 472 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 15, 2021 AGENDA ITEM NO.: ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute a First Amendment to the Service Agreement between the City of National City and EXOS Community Services, LLC, extending the term of the agreement to June 30, 2022, with the option to extend the Service Agreement for two additional one year terms to provide aquatic programs and services at Las Palmas Pool located at 1800 East 22nd Street. PREPARED BY: Audrey Denham PHONE: 619-336-4243 EXPLANATION: The First Amendment to the Service Agreement amends the following sections: 1. Replaces Exhibit B with the FY22 operating budget, which includes payroll and staffing expenses, marketing and administrative costs, and monthly base management fees. 2. Extends the length of the Service Agreement to June 30, 2022, with the option to extend the Service Agreement for two additional one year terms. DEPARTMENT: o, mu nity Services APPROVED BY.i (J11�Q1 Q_ XYt FINANCIAL STATEMENT: APPROVED: FINANCE ACCOUNT NO. APPROVED: MIS 001-41000-3574 Swimming Pool Revenue - $411,000 001-441-058-299-0000 Contract Services - $410,000 ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION STAFF RECOMMENDATION: Adopt the resolution of the City Council of the City of National City authorizing the Mayor to execute a First Amendment to the Service Agreement between the City of National City and EXOS Community Services, LLC, extending the term of the agreement to June 30, 2022. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. First Amendment 2. Service Agreement I184 of 47 2 AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND EXOS COMMUNITY SERVICES, LLC. THIS FIRST AMENDMENT TO THE AGREEMENT is entered into this 15th day of June, 2021, by and between the CITY OF NATIONAL CITY, a municipal corporation ("CITY"), and EXOS Community Services, LLC, a New Jersey limited liability company (the "CONTRACTOR"). RECITALS WHEREAS, the CITY and the CONTRACTOR entered into an Agreement on July 18, 2020 ("the Agreement"), wherein the CONTRACTOR agreed to provide open swim, learn -to -swim classes, learn -to -swim classes for third grade students in the National School District, aquatic exercise classes, lap swimming, and facility rentals for athletic teams or clubs at Las Palmas Pool, located at 1800 East 22nd Street, National City, CA 91950; and WHEREAS, Article 2, Length of the Agreement, establishes the term of the Agreement as July 18, 2020 through June 30, 2021; and WHEREAS, the parties desire to amend Article 2, Length of the Agreement, to extend the term of the Agreement to July 1, 2021 through June 30, 2022. AGREEMENT NOW, THEREFORE, the parties hereto agree that: 1. The City and EXOS hereby replace Exhibit B ("Management Fee") to the Agreement, in its entirety, with the attached Exhibit B ("2021-2022 Las Palmas Pool Budget"), which revises the payroll and staffing expenses, marketing and administrative costs, and monthly base management fee. 2. Length of Agreement. The City and EXOS hereby agree to amend Article 2 of the Agreement to extend the Agreement by one year, through June 30, 2022. This Agreement may be extended by mutual agreement upon the same terms and conditions for an additional one-year term. The Parties may exercise up to two one-year extensions. 3. Compensation. The CITY and the CONTRACTOR hereby agree that, effective as of the date of this First Amendment to the Agreement, Section 3 of the Agreement is hereby amended as follows: CITY shall pay CONTRACTOR a monthly fee of $5,200 plus an additional $966.89 for the third grade learn to swim Amended Agreement Page 1 of 3 City of National City and Revised March 2021 EXOS Community Services, LLC 185 of 472 program from August through December. The total compensation to CONTRACTOR for providing the services set forth herein shall not exceed an annual total cost of $67,234.45. The compensation for CONTRACTOR'S Services shall be based upon and not exceed the rates set forth in Exhibit B ("2021-2022 Las Palmas Pool Budget"), which is attached hereto without prior written authorization from the CITY. 4. The parties further agree that, with the foregoing exceptions, each and every other term and provision of the July 18, 2020 Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first above written. CITY OF NATIONAL CITY EXOS COMMUNITY SERVICES, LLC (Corporation — signatures of two corporate officers required) (Partnership or Sole proprietorship — one signature) By: By: Alejandra Sotelo-Solis, Mayor (Name) APPROVED AS TO FORM: By: Jennifer K. Gilman (Print) (Title) By: Deputy City Attorney (Name) (Print) (Title) Amended Agreement Page 2 of 3 City of National City and Revised March 2021 EXOS Community Services, LLC 186 of 472 EXHIBIT B: 2021-2022 Las Palmas Pool Budget Las Palmas Pool Budget Expenses Payroll and Staffing Expenses Salary -Managers Wages -Guards for recreational swim and lessons* Wages -Administrative staff for recreational swim/public access Wages- Masters Wages -Swim Team Wages-Courses/Certification/Clinics Wages -Guards for Sweetwater Unified High School District programs Wages -Guards for Rental Groups Wages -Aquatic Group Exercise Classes Payroll Burden-24% of payroll Sub -Total Marketing and Administrative Costs Adv & Mktg -Other Dues & Membership Meeting Expense (mandatory monthly staff meetings) Uniforms Locker Room Supplies/Janitorial Janitorial Service Office Supplies & Expenses Travel -Mileage Reimbursement/Parking/Tolls Program Supplies & Expenses Sub -Total Base Management Fee 2021 2021 2021 2021 2021 2021 2022 2022 2022 2022 2022 2022 FY21-22 July August September October November December January February March April May June Totals 5,100.00 5,100.00 5,100.00 5,100.00 5,100.00 5,100.00 5,100.00 5,100.00 5,100.00 5,100.00 5,100.00 6,000.00 $62,100.00 12,000.00 11,000.00 11,000.00 11,000.00 2,500.00 0.00 0.00 0.00 3,000.00 4,500.00 6,000.00 12,000.00 $73,000.00 2,400.00 1,750.00 1,750.00 1,750.00 1,500.00 0.00 0.00 0.00 1,750.00 1,750.00 1,920.00 2,400.00 $16,970.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $0.00 5,000.00 5,000.00 5,000.00 5,000.00 5,000.00 4,250.00 4,250.00 4,250.00 4,250.00 5,000.00 5,000.00 5,000.00 $57,000.00 0.00 0.00 0.00 0.00 0.00 600.00 0.00 0.00 750.00 750.00 750.00 750.00 $3,600.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $0.00 1,500.00 1,500.00 1,500.00 1,500.00 1,500.00 1,500.00 1,500.00 1,500.00 1,500.00 1,500.00 1,500.00 1,500.00 $18,000.00 1,500.00 1,000.00 1,000.00 1,000.00 1,000.00 0.00 0.00 0.00 0.00 1,000.00 1,000.00 1,500.00 $9,000.00 6,600.00 6,084.00 6,084.00 6,084.00 3,984.00 2,748.00 2,604.00 2,604.00 3,924.00 4,704.00 5,104.80 6,996.00 $57,520.80 34,100.00 31,434.00 31,434.00 31,434.00 20,584.00 14,198.00 13,454.00 13,454.00 20,274.00 24,304.00 26,374.80 36,146.00 $297,190.80 300.00 300.00 300.00 300.00 250.00 250.00 250.00 250.00 300.00 300.00 300.00 300.00 $3,400.00 200.00 200.00 200.00 200.00 100.00 100.00 100.00 100.00 200.00 200.00 200.00 200.00 $2,000.00 750.00 500.00 500.00 400.00 0.00 300.00 0.00 0.00 300.00 0.00 500.00 500.00 $3,750.00 0.00 0.00 0.00 500.00 0.00 0.00 0.00 0.00 500.00 0.00 0.00 0.00 $1,000.00 100.00 100.00 100.00 100.00 0.00 0.00 0.00 0.00 100.00 100.00 100.00 100.00 $800.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $0.00 200.00 200.00 150.00 100.00 100.00 100.00 100.00 100.00 100.00 150.00 150.00 150.00 $1,600.00 50.00 50.00 40.00 40.00 40.00 40.00 40.00 40.00 50.00 40.00 40.00 40.00 $510.00 300.00 300.00 300.00 300.00 100.00 100.00 100.00 100.00 300.00 300.00 300.00 300.00 $2,800.00 1,900.00 1,650.00 1,590.00 1,940.00 590.00 890.00 590.00 590.00 1,850.00 1,090.00 1,590.00 1,590.00 $15,860.00 5,200.00 5,200.00 5,200.00 5,200.00 5,200.00 5,200.00 5,200.00 5,200.00 5,200.00 5,200.00 5,200.00 5,200.00 $62,400.00 Sub Total Expenses 41,200.00 38,284.00 38,224.00 38,574.00 26,374.00 20,288.00 19,244.00 19,244.00 27,324.00 30,594.00 33,164.80 42,936.00 $375,450.80 Revenue Projections National City School District Learn to Swim Payroll and Staffing Expenses Salary -Managers Wages -Guards for NSD Wages -Administrative staff for NSD Wages-Leam to Swim Classes - NSD Payroll Burden Sub -Total 400.00 1,750.00 400.00 1,750.00 1,161.00 5,461.00 400.00 1,750.00 400.00 1,750.00 1,161.00 5,461.00 400.00 1,750.00 400.00 1,750.00 1,161.00 5,461.00 400.00 1,750.00 400.00 1,750.00 1,161.00 5,461.00 400.00 1,750.00 400.00 1,750.00 1,161.00 5,461.00 r Program Supplies & Expenses 2,250.00 0.00 0.00 0.00 0.00 Total Additional Expense for NCSD 7,711.00 5,461.00 5,461.00 5,461.00 5,461.00 Management Fee 966.891 966.891 966.891 966.891 966.891 27,305.0 2,250.0 29,555.000 4,834.463 Total Expenses 41,200.00 38,284.00 38,224.00 38,574.00 26,374.00 20,288.00 27,921.89 25,671.89 33,751.89 37,021.89 39,592.69 42,936.00 409,840.261 Revenue Expense Varience $ 411,000.00 $ 409,840.26 $ 1,159.74 Projected Revenue Lessons Lap/GEX Rental Rec Swim Swim Team ARC Classes LTS Projected Revenue $95,000.00 $50,000.00 $85,000.00 $50,000.00 $70,000.00 $11,000.00 $50,000.00 $411,000.00 Assumptions -increase in group exercise fees to account for staffing expenses (fee based class) -decrease expenses for lap swim to focus on community programs. Aug -Oct (swim lessons, swim team, group exercise) -No Lap Swim December -February (rental and swim team only) -Lifeguard Courses Mar -June 2022 -July'21/June'22 all programming available -Programming increasing month to month March -May -Learn to Swim beginning in Jan'22 (TBD) -no SUHSD rental (possibly Sweetwater HS only) -High Tech HS will continue to use facility if we are open 187 of 472 Client#: 356155 EXOS ACORDTM CERTIFICATE OF LIABILITY INSURANCE (MMlDD1YYYY) DATEo412M/2o21 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 policy((es) 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER Conner Strong & Buckelew PO Box 99106 Camden, NJ 08101 CONTACT NAME' Megan Rogers PHONE FAX (AJC, No, Ext): (A1C, NO ADDRESS: mrogers@connerstrong.com INSURER(Sj AFFORDING COVERAGE NAIC it INSURER A: Underwriters At Lloyds 32727 INSURED Energize Holdings, Inc. EXOS Community Services, LLC 2629 East Rose Garden Lane Phoenix, AZ 85050 INSURER B : Sentry Casualty Company 24988 Federal Insurance Com an INSURERc: p y 20281 INSURER D: Columbia Casualty Company 31127 INSURER E : Zurich American Insurance Company 16535 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS 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, ILTR TYPE OF INSURANCE NSR W VD POLICY NUMBER POLICY EFF {MMlDDIYYYY} pMLIC EXY (MOD/MY) LIMITS A X COMMERCIAL GENERAL LIABILITY W12EA0200901 09/01/2020 09/01/2021 EACH OCCURRENCE $1,000,000 CLAIMS -MADE X OCCUR PREMISES( Eaotecurrence) $50,000 X Professional Liab. MED EXP (Any one person) $5,000 Incl. Claims Made PERSONAL&ADVINJURY $1,000,000 GE N'L AGGREGATE LIMIT APPLIES JECT X PER: LOC GENERAL AGGREGATE $2,000,000 PRODUCTS - COMP/OP AGG $1,000,000 All Loc Agg $10,000,000 E AUTOMOBILE X LIABILITY X SCHEDULED AUTOS it OS ONE Y PRA248505601 09/01/2020 09/01/2021 COa aMBINEccident} D SINGLE LIMIT (E $ 1, 000, 000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY O'er cint $ $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE W12EA1200901 09/01/2020 09/01/2021 EACH OCCURRENCE $4,000,000 AGGREGATE $4,000,000 DED RETENTION $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below YJ N N N / A 902025301 05/01/2021 05/01/2022 X STATUTE OTH- ER E.L, EACH ACCIDENT $1,000,000 $1,000,000 E.L. DISEASE - EA EMPLOYEE E.L. DISEASE -POLICY LIMIT $1,000,000 A C D Sexual Misconduct Crime 2nd Excess Liab. W12EA0200901 82511005 HMC6079194633 09/01/2020 09/01/2020 09/01/2020 09/01/2021 09/01/2021 09/01/2021 $1M/$2M Each Claim/Agg $2.5M Employee Theft Limit: $5,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) Additional Workers Compensation Policy - Sentry Insurance a Mutual Company (NAIC #24988): #902025302 (5/1/21 - 5/1/22) for the states of Arizona, Hawaii, Maryland, and Wisconsin. Division Name: 19104, Indeed Gateway-40, Division Number: 19104. Contract ID: 19104-024 - (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION The City of National City c/o EXIGIS Insurance Compliance Services P.O. Box 4668 - ECM #35050 New York, NY 10163 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 © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD #S2905453/M2905167 M7R 188 of 472 DESCRIPTIONS (Continued from Page 1 The City of National City and its officers, agents, employees and volunteers are an Additional Insured on a primary and non-contributory basis on the above referenced Commercial General Liability and Automobile Liability Policies if required by written contract. A waiver of subrogation applies on the above -referenced Workers Compensation Policy if required by written contract and permitted by law. SAGITTA 25.3 (2016/03) 2 of 2 #S2905453/M2905167 189 of 472 Effective date of this Endorsement: D1-Sep-2020 This Endorsement is attached to and forms a part of Policy Number: W12EA0200901 Syndicate 2623/623 at Lloyd's. referred to in this endorsement as either the "Insurer" or the "Underwriters" BLANKET ADDITIONAL INSURED ENDORSEMENT — GENERAL LIABILITY COVERAGE ONLY (WITH WAIVER/PRIMARY COVERAGE) This endorsement modifies insurance provided under the following: Miscellaneous Medical Professional Liability, General Liability, Advertising Liability, Products/Completed Operations Liability and Employee Benefits Liability Insurance Claims Made and Reported Insurance In consideration of the premium charged for the Policy, it is hereby understood and agreed that: Solely in relation to coverage provided under INSURING AGREEMENTS, A. 2. General Liability, Clause II. PERSONS INSURED is amended to include any entity for which the Insured has assumed such entity's liability in a written contract or agreement (an "Additional Insured") solely for services rendered by or on behalf of the Named Insured and that is also named in a Claim if all of the following conditions are met 1. The Claim against the Additional Insured seeks damages for which the Insured has assumed liability; 2. This insurance applies to such liability assumed by the Insured; 3 The obligation to defend the Additional Insured, has also been assumed by the Insured in the same contract or agreement; 4. The allegations in the Claim and the information known about the incident are such that no conflict appears to exist between the interests of the Insured and the interests of the Additional Insured; 5, The Additional Insured and the Insured ask Underwriters to conduct and control the defense of that Additional Insured against such Claim and agree that Underwriters can assign the same counsel to defend the Insured and the Additional Insured; 6. The Additional Insured agrees in writing to: a. Cooperate with the Underwriters in the investigation, settlement or defense of the Claim; b. Immediately send Underwriters copies of any demands, notices, summonses or legal papers received in connection with the Claim; c, Notify any other insurer whose coverage is available to the Additional Insured; and d. Cooperate with Underwriters with respect to coordinating other applicable insurance available to the Additional Insured; and 7. The Additional Insured provides Underwriters with written authorization to: a. Obtain records and other information related to the Claim; and b. Conduct and control the defense of the Additional Insured in such Claim. All other terms and conditions of this Policy remain unchanged. The Named Insured waives any right of recovery the Named Insured may have against any person or organization, where required by the Insured's written contract with the Additional Insured, because of payments made by the Named Insured for Damages and Claims Expenses arising out of the Named Insured's operations. E03340 032015 ed. Page 1 of 2 190 of 472 The coverage provided in this endorsement shall be primary and not contributing with any other insurance maintained by the Additional Insured, subject to the provisions set forth above. Authori$d Representative E03340 032015 ed. Page 2of2 191 of 472 Effective date of this Endorsement: 01-Sep-201 E This Endorsement is attached to and forms a part of Policy Number: W12EA01 C0801 Syndicate 2623/623 at Lloyd's. referred to in this endorsement as either the "Insurer" or the "Underwriters" SCHEDULED ADDITIONAL INSURED ENDORSEMENT (WITH WAIVER OF SUBROGATION AND NOTICE OF CANCELLATION) This endorsement modifies insurance provided under the following: Miscellaneous Medical Professional Liability, General Liability, Advertising Liability, Products/Completed Operations Liability and Employee Benefits Liability Insurance — Combination Claims Made and Reported/Occurrence Basis In consideration of the premium charged for the Policy, it is hereby understood and agreed that 1. Clause II. PERSONS INSURED is amended to include the Additional Insured Entity(ies) listed in Item H. below, for which the Insured has assumed such Entity's liability in a written contract or agreement (an "Additional Insured') that is also named in a Claim if all of the following conditions in Items A.-G. are met: A. The Claim against the Additional Insured seeks damages for which the Insured has assumed liability; B. This Policy applies to such liability assumed by the Insured; C. The obligation to defend the Additional Insured has also been assumed by the Insured in the same contract or agreement; D. The allegations in the Claim and the information known about the incident are such that no conflict appears to exist between the interests of the Insured and the interests of the Additional Insured; E. The Additional Insured and the Insured ask the Underwriters to conduct and control the defense of that Additional Insured against such Claim and agree that the Underwriters can assign the same counsel to defend the Insured and the Additional Insured; F. The Additional Insured agrees in writing to: i. Cooperate with the Underwriters in the investigation, settlement or defense of the Claim; ii. Immediately send the Underwriters copies of any demands, notices, summonses or legal papers received in connection with the Claim; iii. Notify any other insurer whose coverage is available to the Additional Insured; and iv. Cooperate with the Underwriters with respect to coordinating other applicable insurance available to the Additional Insured; and G. The Additional Insured provides the Underwriters with written authorization to: i. Obtain records and other information related to the Claim; and ii. Conduct and control the defense of the Additional Insured in such Claim. H. Additional Insured: City of National City and its officers, agents and employees 1243 National City Boulevard National City, CA 91950-4301 Capital Group Companies, Inc. E06043 032015 ed. Page1 of 3 192 of 472 3500 Westover Hills San Antonio TX 78251 Attn: General Manager — Insurance One Market Plaza Paramount Group, Inc. Steuart Tower 1 Market Plaza, Suite 1470 San Francisco, CA 94105 Attn: General Manager Insurance Per CG2010 PPF Paramount One Market Plaza Owner, L.P.; PPF Paramount GP, LLC; Paramount Group, Inc.; Paramount Group Operating Partnership LP; Paramount Group Management GP LLC, their affiliates and subsidiaries and their respective members, officers, directors, and employees; Morgan Stanley Bank, N.A., ISAOA, ATIMA C/O WELLS FARGO BK, N,A„ AS SERVICER; Barclays Bank, PLC, its successors and/or assigns as their interests may appear; Goldman Sachs Mortgage Company, a New York limited partnership, Its Successors and/or Assigns as their interests may appear; and, Deutsche Bank AG, New York Branch, ISAOA, ATIMA are named as Additional Insureds ALCON LABORATORIES, INC. 9965 Buffalo Speedway Houston, TX 77054 Attn: Debbie Edge 2. The Named Insured waives any right of recovery the Named Insured may have against any person or organization, where required by the Insured's written contract with the Additional Insured, because of payments made by the Named Insured for Damages and Claims Expenses arising out of the Named Insured's operations. 3. In addition to the provisions of Clause XIX. CANCELLATION, in the event Underwriters cancel this Policy for any reason other than non-payment of premium, Underwriters will provide 30 days written notice to the Additional Insured after notifying the Insured. However, this advance notification of pending cancellation of coverage is intended as a courtesy only. Underwriters' failure to provide such advance notification will not extend the Policy cancellation date nor negate cancellation of the Policy. All other terms and conditions of this Policy remain unchanged. E06043 032015 ed. Page 2 of 3 193 of 472 Authoriod Representative E06043 032015 ed. Page 3 of 3 194 of 472 Effective date of this Endorsement: 01-Sep-2020 This Endorsement is attached to and forms a part of Policy Number: W12EA0200901 Insurer: Syndicate 2623/623 at Lloyd's. AMEND LIMITS OF LIABILITY - LOCATION LIMITS (GENERAL LIABILITY ONLY) This endorsement modifies insurance provided under the following: Miscellaneous Medical Professional Liability, General Liability, Advertising Liability, Products/Completed Operations Liability and Employee Benefits Liability Insurance -- Combination Claims Made and Reported/Occurrence Basis In consideration of the premium charged for the Policy, it is hereby understood and agreed that: Solely with regards to General Liability Coverage, Item 3. of the Declarations is amended by the addition of the following: (h) Each Claim or Occurrence $1,000,000 (i) Per Location Aggregate $2,000,000 (j) All Locations Aggregate $10,000,000 The Limit of Liability stated above as "Each Claim or Occurrence" is the Underwriters' Limit of Liability for all Damages and Claims Expenses arising out of the same, related or continuing Accidents or Occurrences, without regard to the number of Insureds, Claims or claimants. All Claims arising out of the same, related or continuing Accidents or Occurrences shall be deemed to be a single Claim. The Limit of Liability stated above as Per Location Aggregate" is the Underwriters' Limit of Liability for all Damages and Claims Expenses arising out of all Claims or Occurrences, at any one location, without regard to the number of Insureds, Claims or claimants. The Limit of Liability stated above as "All Locations Aggregate" is the Underwriters' Limit of Liability for all Damages and Claims Expenses arising out of all Claims or Occurrences which are covered under the terms and conditions of this Policy. All other terms and conditions of this Policy remain unchanged. Authori d Representative E09100 092016 ed. Page 1 of 1 195 of 472 Coverage Extension Endorsement ZURICH Policy No. Elf. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Add'l. Preen Return Prem. PRA 2485056-01 09/01/2020 09/01/2021 11498000 INCL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Business Auto Coverage Form Motor Carrier Coverage Form A. Amended Who Is An Insured 1. The following is added to the Who Is An Insured Provision in Section II — Covered Autos Liability Coverage: The following are also "insureds": a. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow for acts performed within the scope of employment by you. Any "employee" of yours is also an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your business. b. Anyone volunteering services to you is an "insured" while using a covered "auto" you don't own, hire or borrow to transport your clients or other persons in activities necessary to your business. c. Anyone else who furnishes an "auto" referenced in Paragraphs A.1.a. and A.1.b. in this endorsement. d. Where and to the extent permitted by law, any person(s) or organization(s) where required by written contract or written agreement with you executed prior to any "accident", including those person(s) or organization(s) directing your work pursuant to such written contract or written agreement with you, provided the "accident" arises out of operations governed by such contract or agreement and only up to the limits required in the written contract or written agreement, or the Limits of Insurance shown in the Declarations, whichever is less. 2. The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance — Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form: Coverage for any person(s) or organization(s), where required by written contract or written agreement with you executed prior to any "accident", will apply on a primary and non-contributory basis and any insurance maintained by the additional "insured" will apply on an excess basis. However, in no event will this coverage extend beyond the terms and conditions of the Coverage Form. B. Amendment — Supplementary Payments Paragraphs a.(2) and a.(4) of the Coverage Extensions Provision in Section II — Covered Autos Liability Coverage are replaced by the following: (2) Up to $5,000 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. Includes copyrighted material of Insurance Services Office, Inc., with its permission. U-CA-424-F CW (04-14) Page 1 of 6 196 of 472 C. Fellow Employee Coverage The Fellow Employee Exclusion contained in Section II — Covered Autos Liability Coverage does not apply, D. Driver Safety Program Liability and Physical Damage Coverage 1. The following is added to the Racing Exclusion in Section II — Covered Autos Liability Coverage: This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations. 2. The following is added to Paragraph 2. in the Exclusions of Section III — Physical Damage Coverage of the Business Auto Coverage Form and Paragraph 2.b. in the Exclusions of Section IV — Physical Damage Coverage of the Motor Carrier Coverage Form: This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations. E. Lease or Loan Gap Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section: Lease Or Loan Gap Coverage In the event of a total "loss" to a covered "auto", we will pay any unpaid amount due on the lease or loan for a covered "auto', less: a. Any amount paid under the Physical Damage Coverage Section of the Coverage Form; and b. Any: (1) Overdue lease or loan payments at the time of the "loss'; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Security deposits not returned by the lessor; (4) Costs for extended warranties, credit life insurance, health, accident or disability insurance purchased with the loan or lease; and (5) Carry-over balances from previous leases or loans. F. Towing and Labor Paragraph A.2. of the Physical Damage Coverage Section is replaced by the following: We will pay up to $75 for towing and labor costs incurred each time a covered "auto" of the private passenger type is disabled. However, the labor must be performed at the place of disablement. G. Extended Glass Coverage The following is added to Paragraph A.3.a. of the Physical Damage Coverage Section: If glass must be replaced, the deductible shown in the Declarations will apply, However, if glass can be repaired and is actually repaired rather than replaced, the deductible will be waived. You have the option of having the glass repaired rather than replaced. H. Hired Auto Physical Damage — Increased Loss of Use Expenses The Coverage Extension for Loss Of Use Expenses in the Physical Damage Coverage Section is replaced by the following: Loss Of Use Expenses 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 written rental agreement. We will pay for loss of use expenses if caused by: Includes copyrighted material of Insurance Services Office, Inc., with its permission. U-CA-424-F CW (04-14) Page 2of6 197 of 472 (1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto"; (2) Specified Causes Of Loss only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered "auto"; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto". However, the most we will pay for any expenses for loss of use is $100 per day, to a maximum of $3000. I. Personal Effects Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section: Personal Effects Coverage a. We will pay up to $750 for "loss" to personal effects which are: (1) Personal property owned by an "insured"; and (2) In or on a covered "auto". b. Subject to Paragraph a. above, the amount to be paid for "loss" to personal effects will be based on the lesser of: (1) The reasonable cost to replace; or (2) The actual cash value. c. The coverage provided in Paragraphs a. and b. above, only applies in the event of a total theft of a covered "auto". No deductible applies to this coverage. However, we will not pay for "loss" to personal effects of any of the following: (1) Accounts, bills, currency, deeds, evidence of debt, money, notes, securities, or commercial paper or other documents of value. (2) Bullion, gold, silver, platinum, or other precious alloys or metals; furs or fur garments; jewelry, watches, precious or semi-precious stones. (3) Paintings, statuary and other works of art. (4) Contraband or property in the course of illegal transportation or trade. (5) Tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. Any coverage provided by this Provision is excess over any other insurance coverage available for the same "loss". J. Tapes, Records and Discs Coverage 1. The Exclusion in Paragraph B.4.a. of Section III — Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph B.2.c. of Section IV — Physical Damage Coverage in the Motor Carrier Coverage Form does not apply. 2. The following is added to Paragraph 1.a. Comprehensive Coverage under the Coverage Provision of the Physical Damage Coverage Section: We will pay for "loss" to tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. We will pay only if the tapes, records, discs or other similar audio, visual or data electronic devices: (a) Are the property of an "insured"; and (b) Are in a covered "auto" at the time of "loss". The most we will pay for such "loss" to tapes, records, discs or other similar devices is $500. The Physical Damage Coverage Deductible Provision does not apply to such "loss". U-CA-424-F CW (04-14) Page 3 of 6 Includes copyrighted material of Insurance Services Office, Inc., with Its permission. 198 of 472 K. Airbag Coverage The Exclusion in Paragraph B.3.a. of Section III — Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph B.4.a. of Section IV — Physical Damage Coverage in the Motor Carrier Coverage Form does not apply to the accidental discharge of an airbag. L. Two or More Deductibles The following is added to the Deductible Provision of the Physical Damage Coverage Section: If an accident is covered both by this policy or Coverage Form and by another policy or Coverage Form issued to you by us, the following applies for each covered "auto" on a per vehicle basis: 1. If the deductible on this policy or Coverage Form is the smaller (or smallest) deductible, it will be waived; or 2. If the deductible on this policy or Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. M. Physical Damage — Comprehensive Coverage — Deductible The following is added to the Deductible Provision of the Physical Damage Coverage Section: Regardless of the number of covered "autos" damaged or stolen, the maximum deductible that will be applied to Comprehensive Coverage for all "loss" from any one cause is $5,000 or the deductible shown in the Declarations, whichever is greater. N. Temporary Substitute Autos — Physical Damage 1. The following is added to Section 1 — Covered Autos: Temporary Substitute Autos — Physical Damage If Physical Damage Coverage is provided by this Coverage Form on your owned covered "autos", the following types of vehicles are also covered "autos" for Physical Damage Coverage: Any "auto" you do not own when used with the permission of its owner as a temporary substitute for a covered "auto" you do own but is out of service because of its: 1. Breakdown; 2. Repair; 3. Servicing; 4. "Loss"; or 5. Destruction. 2. The following is added to the Paragraph A. Coverage Provision of the Physical Damage Coverage Section: Temporary Substitute Autos — Physical Damage We will pay the owner for "loss" to the temporary substitute "auto" unless the "loss" results from fraudulent acts or omissions on your part. If we make any payment to the owner, we will obtain the owner's rights against any other party. The deductible for the temporary substitute "auto" will be the same as the deductible for the covered "auto" it replaces. O. Amended Duties In The Event Of Accident, Claim, Suit Or Loss Paragraph a. of the Duties In The Event Of Accident, Claim, Suit Or Loss Condition is replaced by the following: a. In the event of "accident", claim, "suit" or "loss", you must give us or our authorized representative prompt notice of the "accident", claim, "suit" or "loss". However, these duties only apply when the "accident", claim, "suit" or "loss" is known to you (if you are an individual), a partner (if you are a partnership), a member (if you are a limited liability company) or an executive officer or insurance manager (if you are a corporation). The failure of any Includes copyrighted material of Insurance Services Office, Inc., with its permission. U-CA-424-F CW (04-14) Page 4 of 6 199 of 472 agent, servant or employee of the "insured" to notify us of any "accident", claim, "suit" or "loss" shall not invalidate the insurance afforded by this policy. Include, as soon as practicable: (1) How, when and where the "accident" or "foss" occurred and if a claim is made or "suit" is brought, written notice of the claim or "suit" including, but not limited to, the date and details of such claim or "suit"; (2) The "insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. If you report an "accident", claim, "suit" or "loss" to another insurer when you should have reported to us, your failure to report to us will not be seen as a violation of these amended duties provided you give us notice as soon as practicable after the fact of the delay becomes known to you. P. Waiver of Transfer Of Rights Of Recovery Against Others To Us The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: This 'Condition does not apply to the extent required of you by a written contract, executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by such contract. This waiver only applies to the person or organization designated in the contract. Q. Employee Hired Autos — Physical Damage Paragraph b. of the Other Insurance Condition in the Business Auto Coverage Form and Paragraph f. of the Other Insurance — Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form are replaced by the following: For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented under a written contract or written agreement entered into by an "employee" or elected or appointed official with your permission while being operated within the course and scope of that "employee's" employment by you or that elected or appointed official's duties as respect their obligations to you. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". R. Unintentional Failure to Disclose Hazards The following is added to the Concealment, Misrepresentation Or Fraud Condition: However, we will not deny coverage under this Coverage Form if you unintentionally: (1) Fail to disclose any hazards existing at the inception date of this Coverage Form; or (2) Make an error, omission, improper description of "autos" or other misstatement of information. You must notify us as soon as possible after the discovery of any hazards or any other information that was not provided to us prior to the acceptance of this policy. S. Hired Auto — World Wide Coverage Paragraph 7a.(5) of the Policy Period, Coverage Territory Condition is replaced by the following: (5) Anywhere in the world if a covered "auto" is leased, hired, rented or borrowed for a period of 60 days or less, T. Bodily Injury Redefined The definition of "bodily injury" in the Definitions Section is replaced by the following: "Bodily injury" means bodily injury, sickness or disease, sustained by a person including death or mental anguish, resulting from any of these at any time. Mental anguish means any type of mental or emotional illness or disease. Includes copyrighted material of Insurance Services Office, Inc.; with its permission. U-CA-424-F CW (04-14) Page 5of6 200 of 472 U. Expected Or Intended injury The Expected Or Intended Injury Exclusion in Paragraph B. Exclusions under Section II — Covered Auto Liability Coverage is replaced by the following: Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the "insured". This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. V. • Physical Damage — Additional Temporary Transportation Expense Coverage Paragraph A.4.a. of Section III — Physical Damage Coverage is replaced by the following: 4. Coverage Extensions a. Transportation Expenses We will pay up to $50 per day to a maximum of $1,000 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". W. Replacement of a Private Passenger Auto with a Hybrid or Alternative Fuel Source Auto The following is added to Paragraph A. Coverage of the Physical Damage Coverage Section: In the event of a total "loss" to a covered "auto" of the private passenger type that is replaced with a hybrid "auto" or "auto" powered by an alternative fuel source of the private passenger type, we will pay an additional 10% of the cost of the replacement "auto", excluding tax, title, license, other fees and any aftermarket vehicle upgrades, up to a maximum of $2500. The covered "auto" must be replaced by a hybrid "auto" or an "auto" powered by an alternative fuel source within 60 calendar days of the payment of the "loss" and evidenced by a bill of sale or new vehicle lease agreement. To qualify as a hybrid "auto", the "auto" must be powered by a conventional gasoline engine and another source of propulsion power. The other source of propulsion power must be electric, hydrogen, propane, solar or natural gas, either compressed or liquefied. To qualify as an "auto" powered by an alternative fuel source, the "auto" must be powered by a source of propulsion power other than a conventional gasoline engine. An "auto" solely propelled by biofuel, gasoline or diesel fuel or any blend thereof is not an "auto" powered by an alternative fuel source. X. Return of Stolen Automobile The following is added to the Coverage Extension Provision of the Physical Damage Coverage Section: If a covered "auto" is stolen and recovered, we will pay the cost of transport to return the "auto" to you. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. All other terms, conditions, provisions and exclusions of this policy remain the same. Includes copyrighted material of Insurance Services Office, Inc., with its permission. U-CA-424-F CW (04-14) Page 6 of 6 201 of 472 SENTRY CASUALTY COMPANY Carrier Code No, 37877 WORKERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY POLICY NUMBER: 90-20253-01 00 171 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 any one not named in the Schedule. Schedule "ALL WRITTEN CONTRACTS PROVIDED SUCH CONTRACT WAS MADE PRIOR TO LOSS" WC 00 03 13 (Ed. 04-844) Copyright 1983 National Council on Compensation Insurance. ATM 90-20253-01 00 171 05-11-17 PAGE 001 ATHLETES PERFORMANCE INC OtT100110. 01390 202 of 472 SHORT FORM SERVICES AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND EXOS COMMUNITY SERVICES, LLC THIS SHORT FORM SERVICES AGREEMENT (this "Agreement") is entered into this 18th day of July, 2020, by and between the CITY OF NATIONAL CITY, a municipal corporation ("CITY"), and EXOS COMMUNITY SERVICES, LLC, a New Jersey limited liability company ("CONTRACTOR"). NOW, THEREFORE, CITY agrees to engage CONTRACTOR to perform the services set forth herein in accordance with the following terms and conditions: 1. DosLiption.of Services. CONTRACTOR shall provide the scope of services as outlined in the attachment marked as Exhibit "A" and by this reference incorporated herein as though set forth in full (the "Services"). 2. Lgtfl,�r,o greeement. The duration of this Agreement is from July 18, 2020 (the "Commencement Date") through June 30, 2021. 3. Encomensation. CITY shall pay CONTRACTOR a monthly fee of $5,164 plus an additional $966.89 per month for the third grade learn to swim program from August through December. The total compensation to CONTRACTOR for providing the Services set forth herein shall not exceed an annual total cost of $66,802.45. The compensation for CONTRACTOR'S Services shall be based upon and not exceed the rates set forth in Exhibit "B" which is attached hereto (the Management Fee) without prior written authorization from CITY. 4. Eminent Schedule. CITY will make payment within thirty (30) days of receiving and approving a billing statement for completed services of CONTRACTOR. 5. Termination. CITY may terminate this Agreement without cause by providing thirty (30) day's written notice to CONTRACTOR. This Agreement may be terminated by either party in the event of a material breach by the other party, by providing fifteen (15) day's written notice to CONTRACTOR setting forth such breach. However, if such breach is cured, or all necessary action to cure such breach shall be promptly and diligently pursued, in the reasonable judgement of the non -breaching party, within such fifteen (15) day period, then such notice shall be deemed withdrawn and of no further action. CONTRACTOR may terminate this Agreement by providing written notice to CITY, at any time if (1) CITY becomes insolvent or admits its inability to pay its debts generally as they become due, (2) CII`Y becomes subject, voluntarily or involuntarily, to any proceeding under any domestic or foreign bankruptcy or insolvency law, which is not fully stayed within seven (7) days or is not discussed or vacated within forty-five (45) days after filing, (3) CITY is dissolved or liquidated or takes any action for such purpose, (4) CITY makes a general assignment for the benefit of creditors, (5) CITY has a receiver, trustee, custodian or similar agent appointed by order of any court of competent jurisdiction to take charge of or sell any material portion of its property or business, or (6) Any amounts due hereunder to CONTRACTOR are more than thirty (60) days past due. 6. Ijgpendent Contractor. It is agreed that CONTRACTOR is an independent 203 of 472 Contractor, and all persons working for or under the direction of CONTRACTOR are CONTRACTOR'S agents, servants and employees, and said persons shall not be deemed agents, servants, or employees of CITY. 7. EgWp>. CITY will be solely responsible for providing and equipping the Premises (including, without limitation, Automatic External Defibrillators) so that the Services may be rendered by CONTRACTOR in accordance with this Agreement and in compliance with all applicable rules and regulations relating to the Premises and the Services. CITY shall provide such items as office furniture and equipment, telephones, computers and software for the Premises. CITY will also be responsible for purchasing or leasing all aquatic related exercise equipment and safety and first aid equipment necessary to operate the Premises as reasonably requested by CONTRACTOR. CITY also agrees to, at its sole expense, maintain such equipment to the best of their ability. CITY will consider the nature and priority of the maintenance and available funding to determine if and when such repairs and maintenance will be completed. CONTRACTOR shall, provide general administrative supplies and marketing materials necessary for the operation of the Premises at the City's sole cost and expense. City shall pay for such supplies and materials within thirty (30) days of receipt of CONTRACTOR's invoice therefor. CONTRACTOR shall prepare and distribute marketing materials and CITY shall assist with the distribution of marketing materials. S. Utilities. CITY shall be responsible for maintaining utility services to the Premises, and shall provide and pay for all utilities or services necessary for its use and operation of the Premises during the term of this Agreement, including but not limited to gas, water, electricity, trash, sewer charges and telephone. CITY shall pay directly to the applicable utility company such charges, and CONTRACTOR shall have no obligation to pay for such utility services. 9. Insurance. CONTRACTOR shall obtain: A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include non -owned, and hired vehicles. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. C. Commercial General Liability Insurance, with minimum limits of either $5,000,000 per occurrence and $10,000,000 aggregate, covering all bodily injury and property damage arising out of its operations, work, or performance under this Agreement. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "project" or "location". The "project" or "location" should be noted with specificity on an endorsement that shall be incorporated into the policy. The Commercial General Liability required by this Section must include Sexual Misconduct Liability coverage with minimum limits of $1,000,000 per occurrence and $2,000,000 in the aggregate. For the avoidance of doubt, the CITY understands that part of the coverage limits hereunder shall be satisfied by CONTRACTOR's excess umbrella policy. CONTRACTOR represents to CITY that its excess umbrella policy does not exclude coverage for Sexual Misconduct Liability. D. Workers' compensation insurance in an amount sufficient to meet statutory 204 of 472 requirements covering all of CONTRACTOR'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the CITY. Said endorsement shall be provided prior to commencement of work under this Agreement. If CONTRACTOR has no employees subject to the California Workers' Compensation and Labor Laws, CONTRACTOR shall execute a Declaration to that effect. Said Declaration shall be provided to CONTRACTOR by CITY. E The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY's Risk Manager, at the address listed in subsection G below, of cancellation or material change, except in the event of non-payment of premium which is ten (10) days. F Said policies, except for the professional liability and workers' compensation policies, shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and separate additional insured endorsements shall be provided. G. The Certificate Holder for all policies of insurance required by this Section shall be: City of National City C/o Risk Manager 1243 National City Boulevard National City, CA 91950-4397 H. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. I. Insurance shall be written with only insurers authorized to conduct business in California which hold a current policy holder's alphabetic and financial size category rating of not less than A:VII according to the current Best's Key Rating Guide, or a company of equal financial stability that is approved by the City's Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent List of Approved Surplus Line Insurers ("LASLI") and otherwise meet rating requirements. d. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with, and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all insurance policies required by this Section 9 in full force and effect at all times during the term of this Agreement, the CITY may treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. K All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. CITY reserves the right to modify the insurance requirements of this Section 9, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. L If the CONTRACTOR maintains broader coverage or higher limits (or both) than the minimum limits shown above, the CITY shall be entitled to the broader coverage or higher limits (or both) maintained by the CONTRACTOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY. 205 of 472 10. Indemnification and Hold Harmless. To the maximum extent provided by law, the CONTRACTOR agrees to defend, indemnify and hold harmless the City of National City, its officers, officials, agents, employees, and volunteers against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONTRACTOR'S performance or other obligations under this Agreement; provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the CITY, its agents, officers employees, or volunteers. CITY will cooperate reasonably in the defense of any action, and CONTRACTOR shall employ competent counsel, reasonably acceptable to the City Attorney. The indemnity, defense, and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement. 11. EMPLOYEE PAYMENTS AND INDEMNIFICATION. 111 PERS EligilUty Indemnification. If CONTRACTOR's employee(s) providing services under this Agreement claims, or is determined by a court of competent jurisdiction or the California Public Employees Retirement System ("PERS") to be eligible for enrollment in PERS of the CITY, CONTRACTOR shall indemnify, defend, and hold harmless CITY for the payment of any employer and employee contributions for PERS benefits on behalf of the employee as well as for payment of any penalties and interest on such contributions which would otherwise be the responsibility of the CITY. CONTRACTOR'S employees providing service under this Agreement shall not: (1) qualify for any compensation and benefit under PERS; (2) be entitled to any benefits under PERS; (3) enroll in PERS as an employee of CITY; (4) receive any employer contributions paid by CITY for PERS benefits; or (5) be entitled to any other PERS-related benefit that would accrue to a CITY employee. CONTRACTOR's employees hereby waive any claims to benefits or compensation described in this Section 11. This Section 11 applies to CONTRACTOR notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary. 11.2 Limitation of CITY Liability. The payment made to CONTRAC;1'OR under this Agreement shall be the full and complete compensation to which CONTRACTOR and CONTRACTOR's officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither CONTRACTOR nor CONTRACTOR's officers, employees, agents, and subcontractors are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to CITY employees. The CITY will not make any federal or state tax withholdings on behalf of CONTRACTOR. The CITY shall not be required to pay any workers' compensation insurance on behalf of CONTRACTOR. 11.3 Indemnification for Empkyee Payments. CONTRACTOR agrees to defend and indemnify the CITY for any obligation, claim, suit, or demand for tax, retirement contribution including any contribution to PERS, social security, salary or wages, overtime payment, or workers' compensation payment which the CITY may be required to make on behalf of (1) CONTRACTOR, (2) any employee of CONTRACTOR, or (3) any employee ofCONTRAC1'OR 206 of 472 construed to be an employee of the CITY, for work performed under this Agreement. This is a continuing obligation that survives the termination of this Agreement. 12. Accepktaty of Work. The CITY shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance, and/or the compensation payable to the CONTRACTOR. 13. Business License. CONTRACTOR must possess or shall obtain business license from National City Finance Department before beginning work. 14. Preevailii gMges. State prevailing wage rates may apply to work performed under this Agreement. State prevailing wages rates apply to all public works contracts as set forth in California Labor Code, including but not limited to, Sections 1720, 1720.2, 1720.3, 1720.4, and 1771. CONTRACTOR is solely responsible to determine if State prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations. 15. Administrative Provisions. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state, or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. To the extent any exhibits, schedules, or provisions thereof conflict or are inconsistent with the terms and conditions contained in this Agreement, the terms and conditions of this Agreement will control. p 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. CONTRACTOR shall not assign this Agreement, in whole or in part, to any other party without first obtaining the written consent of CITY. H. Force Majeure. If either party is prevented or delayed from performing any act or discharging any obligation hereunder, because of any and all causes beyond either party's reasonable control, including unusual delays in deliveries, abnormally adverse weather conditions, unavoidable casualties, strikes, labor disputes, inability to obtain labor, materials or equipment, acts of God, governmental restrictions, regulations or controls, any hostile government actions, civil commotion, acts of terrorism, and fire or other casualty, legal actions attacking the validity of this Service Agreement or the CITY or EXOS operations of the Premises, or any other casualties beyond the reasonable control of either party ("Force Majeure"), performance of such act shall be excused for the period of such delay, and the period 207 of 472 for performance of such act shall be extended for a period equivalent to the period of such delay. Force Majeure shall not include any bankruptcy, insolvency, or other financial inability on the part of either party hereto. I. 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. J. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. The venue for any legal action arising under this Agreement shall be in either state or federal court in the County of San Diego, State of California. The CONTRACTOR shall comply with all laws, including federal, state, and local laws, whether now in force or subsequently enacted. K. 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. L. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent, or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. M. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. N. Subcontractors or Subconsultants. The CITY is engaging the Services of the CONTRACTOR identified in this Agreement, The CONTRACTOR shall not subcontract any portion of the work, unless such subcontracting was part of the original proposal or is allowed by the CITY. In the event any portion of the Services under this Agreement is subcontracted, the subcontractor(s) shall be required to comply with and agree to, for the benefit of and in favor of the CITY, both the insurance provisions in Section 9 and the indemnification and hold harmless provision of Sectionl0 of this Agreement, O. 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) 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. [Signature page to follow] 208 of 472 IN WITNESS WHEREOF, this Agreement is executed by CITY and by CONTRACTOR on the date and year first above written. CITY OF NATIONAL CITY By: Bra• Raulston, City Manager APPROVED AS TO FORM: By: . Morris- ones ty Attorney CONTACT INFORMATION EXOS COMMUNITY SERVICES, LLC (Corporation — signatures of two corporate officers required) (Partnership or Sole proprietorship — one signature) By: c 101 By: (Name) (Print) Caro, g I (Title) As s o �,, G c (Name) (Print) / (Title) (Q 0 CITY OF NATIONAL CITY 1243 National City Boulevard National City, CA 91950-4397 Phone: (619) 336-4256 Fax: (619) 336-4327 Contact: Brad Raulston Title: City Manager Dep.: City Manager's Office Email: braulston@nationalcityca.gov EXOS COMMUNITY SERVICES, LLC 25 Hanover Road, Building A, Suite 104 Florham Park, New Jersey 07932 Phone: (978) 257-2953 Contact: Bill Bourque Title: Chief Operations Officer Email: bbourque@teamexos.com Taxpayer I.D. No.: EXHIBIT "A" SCOPE OF SERVICES 1. The CITY owns the real property commonly known as Las Palmas Pool, located at 1800 East 22nd Street, National City, California (the "Premises"). The CITY hereby engages CONTRACTOR to operate the Premises as of the Commencement Date. CONTRACTOR will operate the Premises for the benefit of the citizens of National City. Facilities to be operated include: the Olympic -size pool; the activity pool; the locker rooms; concession stand; pump and storage rooms; lobby; and administrative offices. 2. CONTRACTOR shall operate the Premises by providing for and facilitating open swim, learn to swim classes, learn -to -swim classes for third grade students in the National School District, aquatic exercise classes, lap swimming, and facility rentals for athletic teams or clubs. 209 of 472 3. CONTRACTOR shall endeavor to meet agreed upon benchmarks for expenses and revenues as outlined in Exhibit B. CONTRACTOR shall meet or exceed budgeted net operating surplus goals as set forth in Exhibit B. Financial results will be monitored by and reviewed with the CITY on a monthly, quarterly and annual basis. Budget adjustments shall be made monthly and quarterly, in order to meet budgeted net operating surplus goals. 4. CONTRACTOR shall provide an annual report to the City, which must contain the total number of National City residents who participated in CONTRACTOR events; all participants who participated in CONTRACTOR events; events and programs coordinated; facility rentals for athletic teams or clubs; and any other pertinent statistics. 5. CONTRACTOR shall recruit, hire and employ, as employees of CONTRACTOR, all persons who will work at, or provide services to the Premises, managed by CONTRACTOR. 6. CONTRACTOR is not responsible for repair and maintenance of the Premises, which includes improvements, landscaping, facility maintenance, janitorial maintenance, chemical maintenance and information technology. 7. The CITY shall pay CONTRACTOR a monthly management fee, actual payroll and staffing expenses, and marketing and administrative costs as set forth in Exhibit B. 8. Revenue collected by CONTRACTOR for its programing of open swim, learn to swim, aquatic exercise classes, lap swim, and facility rentals will be collected and handled by CONTRACTOR and deposited with the CITY. 9. CONTRACTOR shall assist the CITY with assessing current capital improvement needs and timelines for completion. In addition, CONTRACTOR shall assist CITY with identifying potential funding options for future Capital Improvement Projects, including but not limited to grants, capital campaigns, and fundraising. 1. EXHIBIT `B" - MANAGEMENT FEE 2020 2020 2020 2020 2020 2020 2021 2021 2fQ1 2021 2021 2021 50254, n. Atom $ p0e1 Odme,INNaate arooember 0e'o0y FebONY ilelcll 9455 I.Ys Are Rai@ Revenue In (Ord 01t20151 3d Orwh lawn I05wlm 545800 5011 Lessons 5120.030. 00 When St. 50 Pod Redab 505.000.0 0 Awnless Red 050451.ro0uw0 Comes $10000.0 0 Pod LM RN (Lop/Group E444 Weal 553.000.0 0 4000 (Food. D1mk Products elcj 51300.0 Wa0000a ,ds la Rented Grops -- 3,00000 9.000.00 . 30000 00mm 2.50000 1.830.m 9.00000 1000.00 3.000.00 3.00000 3.00100 3,00000 031,190.00 Wepe0AWatic Otoop 0240 OM.-�'- 1.000 00 100000 1.020.00 50003 0 00 0 00 OM 0 00 50000 30000 WO00 1.00000 041000.00 Payroll 0410e-27, of pm*. - - 0.33100 5.56420 5.500.20 - 291200 103200 171020 2.03700 2087 00 2.53501 2 012 00 201200 8.5084) 542180./0 800-70161 20,80120 2002420 Mal 44,1240 0,357.00 020110 10.1117.2 10.01720 1221520 14.112.00 14.119 4502840 000.220.80 58181y08sreOers 4.050.00 4050.00 405000 4,050.00 4.050.00 405000 I 405000 4.350.03 4.050.00 43150.00 4.050.00 5.94800 5/0450.m W40e000xdsio. iecree0onelswdm ands es" 13.0m2D 10.9m00 10.3m7 I70000 Ono 0m 000 two 85000 1.750.00 1.750m 12000m 1A100.m D WWOSAdnvassOn 5140 In t 1001bna1 B4,15300C moms 2.0000 1 1.ffim I,PAm 10000 0.m no 0m 0m 650.00 1.000.00 1.0m.00 ' 24m.m 812,210.00 Weyeali514 - .• LL00 nm 0.m 0m 000 O0 Om 0m 000 om um am 2000 W82 002 000 Om 0. 0.m 000 0m Ono 0.00 0m am 0.00 000 NbOeeC � O.m O.m 000 0.00 020 Om 000 ODD m am O.m 2020 Wa0ea0uards tor Seed*. Ueled NlpiS liiabaliit --' fi7o am D.m om om am am 0m Dm 000 nm 361 20m lx0Fane Umbels ere 1Gdt40hal.e Costs My f 300.00 200,00 200.00 - 150.00 150.00 150130 150.04 15000 20000 200.00 200.00 20).00 02,250.00 :1 DOee0AkM.p&lip 20000 . 203,00 20000 200.00 20000 20100 20000 . 200m MOO 200m 2m.m 200.00 /2.410.00 WAIN Expellee lirenddoy monthly sly meel51sl 250.00 100.00 100.00 100.00 OM 500.00 Om 150.00 . 150.00 15000 150.00 350.00 $2,000.00 00800101 0m 000 O.. 250.00 003 0.0o 000 000 000 500.00 00o o.ou 125000 Locker Room 0225g20408740400 2000 200.00 200.00 10000 50.00 o.00 opt, 50.00 100.00 200.00- 20000 200.00 11,500.00 lonlorlall Senke ' ' 0.00 020 0.00 O.m e00 Om 000 JAO 000 000 00) 00D 10.00 Moe 98ppens&3..s210e4 15000 150,00 .5003 100.00 50.00 50.00 5020 50.00 50.m 50.00 150.00 150.00 111,10100 '0.03. 0. TevarriS 4050(054.2501P0Adn3�olb 000 D00 0➢0 003 0LO 0m M100 0m 00L0 P/ 0(41 SuppfesB F�eines .0 00 2mm WO 00 Imm 5mm Imm 2mm 10000 20000 11.5mm swmw t.sppro 1.056m ,.mm I.000m 550.m p5nm IOppp emm epD.m 1�Dm I.ImDO tapD.m n+.055m ,. Bare 54negw,w,IP4w 5.164.00 5.10400 5.10405.1e400 5.164.03 5.18300 5.104.00 5.115803 310400310120 5.184m 5.10403 Naomi ay ec00o101010 Lawn 10 Wm Payroll andONlnnp 9 ehry441me90m ' 40000 WOpes-Goads Ip N30 201002 41.00 L-40100 400.00 2280.85 1,41522 1,41522 210of472 f•-: Adtekiiiiiib i '.,.,..,•:.. :- .'.,' ,- '.W..-eg4.... .-,ii-e.-9i.:.4MiiK.ilg. a•:b1-ri.”:.l.h.i,.o....i.,l.s'.o.t.a-..t."... -N.e:.d:• .•:... '..—' -." -. - --' .—'s.-a. ,-- *.' v'.":..tz "..'-'s,..06 '. ''.....'...... o.'-i a.. -'1e0'0 0l)..'..i1' Mit fW1I 21—1:901W2O i igki2-17ti0g.ai02 1ju P..TN0,o.o I )i) :-'' • 1T1t .:....-...-..•.;.......,.-..; ,.,-.::y.......'......, ..•....-....7-.:::-...2..•-•••••:•;:.:•?..7.,T]........F7!.........I1•t .iNdOiDi - ,. This/ 1 kfaifooaMmartie for 1 &Iasi I 5,i93,a 1 6,014.05 1 41,W1.34 1 1 25,132.725 1:.i.,..0;•?.r.,,ifir.. . 1 .919 ; lace,u; ; Laf..au ; Wilt, ; s),,e.nv 1 . • • , ;AAA., i Revenue 814.900.000 0111.2111 211 of 472 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 Basile Construction, Inc. for the P-1 Sewer Upsize for Sweetwater High School Project, CIP No. 19-43; 2) approving the final contract amount of $1,761,833.05; 3) ratifying the release of retention in the amount of $88,091.65; 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. 212 of 472 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 15, 2021 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City, 1) accepting the work performed by Basile Construction, Inc. for the P-1 Sewer Upsize for Sweetwater High School Project, CIP No. 19-43; 2) approving the final contract amount of $1,761,833.05; 3) ratifying the release of retention in the amount of $88,091.65; and 4) authorizing the Mayor to sign the Notice of Completion for the project. PREPARED BY: Carla Hutchinson, Assistant Engineer - Civik.aDEPARTMENT: Engi ering/Public Works APPROVED BY: PHONE: 619-336-4388 EXPLANATION: See attached. 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 Categorical Exemption was determined on January 23, 2020. The Notice of Exemption has been filed with the County Recorder's Office on February 3, 2020. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt Resolution accepting the work performed by Basile Construction Inc. for the P-1 Sewer Upsize for Sweetwater High School Project, CIP No. 19-43 and approving the final contract amount of $1,761,833.05. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Notice of Completion 3. Final Contract Balance Report 4. Resolution 213 of 472 EXPLANATION The P-1 Sewer Upsize Project included open trench construction to remove and replace approximately 1490 linear feet of 8 inch diameter vitrified clay pipe (VCP) with 12 inch diameter PVC sewer main, manholes, laterals including pavement restoration, and placing a new sewer access road near the 2800 Block of D Avenue, just west of D Avenue. The work commenced approximately 750 feet west of D Avenue and proceeded east for approximately 1500 feet through Sweetwater High School property and ended at F Avenue (see attached exhibit). On April 6, 2020, the bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors. On April 8, 2020 and April 10, 2020, the bid solicitation was advertised in local newspapers. On May 1, 2020, three (3) bids were received electronically on PlanetBids by the 2:00 p.m. deadline. Bid results were available immediately after the 2:00 p.m. deadline. HPS Mechanical, Inc. was the apparent lowest bidder. Upon review of all submitted documents, HPS Mechanical, Inc. was deemed "non -responsive" due to bid irregularities. Basile Construction, Inc. was the second lowest bidder with a total base bid plus alternative bid amount of $1,706,692.00: • Base Bid — $1,394,292 (Awarded) • Alternate Bid - $312,400 (Not awarded) Upon review of all required documents submitted and reference checks, Basile Construction, Inc. was deemed responsive, and was the lowest responsible bidder qualified to perform the work as described in the project specifications. On June 2, 2020, the City Council adopted Resolution No. 2020-97, awarding the contract to Basile Construction, Inc., in an amount not to exceed $1,394,292.00. The Notice to Proceed with construction was issued on June 8, 2020. Construction started on June 15, 2020 and was completed on March 3, 2021. On November 17, 2020, the City Council adopted Resolution No. 2020-202, increasing the contract amount with Basile Construction, Inc. by $215,987.03, for a new contract amount of $1,819,422.83. Staff requested this increase to the contract in order to complete the reestablishment of existing sewer laterals connected to the sewer main line and the excavation of jacking and receiving pits since the sewer main alignment that was identified in the plans had to be modified. This modification required additional exploratory potholing to locate the existing pipe, open trenching, removing an existing 60-inch storm drain pipe, installing the new sewer main line, and re -installing the 60-inch storm drain pipe. 214 of 472 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 $442,993.85, and line -item adjustments decreased the contract by $75,452.80 for a net contract increase of $367,541.05. This resulted in approximately 26.4% contract increase for a final contract amount of $1,761,833.05. The final contract amount did not exceed the new and increased contract amount of $1,819,422.83. As result of the satisfactory completion of the project, staff recommends that City Council, 1) accept the work performed by Basile Construction, Inc. for the P-1 Sewer Upsize for Sweetwater High School Project, CIP No. 19-43; 2) approve the final contract amount of $1,761,833.05; 3) ratify the release of retention in the amount of $88,091.65; 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. 215 of 472 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: NAME: CITY OF NATIONAL CITY ADDRESS: 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950 NOTICE OF COMPLETION CALIFORNIA CIVIL CODE SECTION 3093 NOTICE IS HEREBY GIVEN of the completion on March 3, 2021 of the: P-1 Sewer Upsizing for Sweetwater High School, CIP No. 19-43 Work of improvement or portion of work of improvement under construction or alteration. 2900 Highland Ave. 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 Basile Construction Inc. Name of Original Contractor The following work and material were supplied: Labor provided: General laborers, operators and camera technician. Materials: Manholes, asphalt. HDPE pipe and hydroseed. Equipment: excavators and loaders. General statement of kind of labor, services, equipment or materials The names and addresses of co -owners are: N/A Dated: March 3, 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 March 3, 2021 at, National City, California. Signature: ALEJANDRA SOTELO-SOLIS, MAYOR 216 of 472 > CAL►FORNIA �-c+ NATION car INCORPORATED FINAL CONTRACT BALANCE DATE: May 06, 2020 PROJECT: P1 Sewer Upsizing for Sweetwater High School FY 20-21 CIP No. 19-43 TO: Basile Construction, Inc. 7952 Armour Street San Diego, CA 92111 ORIGINAL CONTRACT AMOUNT: START DATE: COMPLETION DATE: ORIGINAL CONTRACT LENGTH: EXTENTION OF WORK DAYS: TOTAL CONTRACT TIME: FINAL CONTRACT AMOUNT: DESCRIPTION: $1,394,292.00 June 15, 2020 March 03, 2021 110 Working Days 44 Working Days 154 Working Days $1,761,833.05 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, The installation of a drop manhole, $3,568.35 Change Order #2, Additional exploratory potholing, $39,692.55 Change Order #3, The installation of a 5' sewer manhole, $20,386.43 Change Order #4, Utility line failure repair, $37,968.91 Change Order #5, Additional CCTV, potholing and surveying, $13,658.49 Change Order #6, Additional trench stabilization for sewer main, $43,271.13 Change Order #7, Additional 3 " inch rock bedding, $989.99 Change Order #10, The installation of 2 pre -cast sewer manhole bases, $2,354.34 Change Order #11, Additional time for excavation of the bore pits, $19,859.40 Change Order #12, The installation of 12" PVC sewer main, $212,904.13 Change Order #13, The installation of 2 drop manholes, $6,520.50 Change Order #14, Removal of an existing block wall within sewer main alignment, $6,799.58 Change Order #15, Remove and abandon existing 18" storm drain lateral and concrete cap, $20,589.45 Change Order #16, Sewer access road cost adjustment, $(6,902.00) Change Order#17, Sewer lateral repair, $8,517.02 Change Order #18, Hydroseed the sewer access road, $1,526.27 Change Order #19, Additional sewer pipe CCTV and clearing, $3,810.18 217 of 472 FINAL CONTRACT BALANCE P1 Sewer Upsizing for Sweetwater High School CIP No. 19-43 Change Order #20, Sewer lateral connection, $2,646.88 Change Order #21, Additional hydroseed for the sewer access road area A&B, $4,832.25 All Change Orders listed above increased the total contract amount by $442,993.85 Line -item adjustments resulted in a decrease of the total contract amount by $75,452.80 CONTRACT ADJUSTMENT: As a result of the above change orders and line item adjustments, the contract price is adjusted as follows: 1. The final contract price is adjusted to $1,761,833.05 2, As a result of the satisfactory completion of said project, a retention amount of $88,091.65 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. Basile Construction will not be entitled to damages or additional payment for delays as described in the 2012 edition of the Standard Specifications for Public Works Construction, Section 6-6.3, for performing the work as described above. 218 of 472 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 Dick Miller Inc. for the Paradise Creek Water Quality and Community Enhancements Project, CIP No. 18-11; 2) approving the final contract amount of $1,150,018.95; 3) ratifying the release of retention in the amount of $57,500.95; 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. 219 of 472 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 15, 2021 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City, 1) accepting the work performed by Dick Miller Inc. for the Paradise Creek Water Quality and Community Enhancements Project, CIP No. 18- 11; 2) approving the final contract amount of $1,150,018.95; 3) ratifying the release of retention in the amount of $57,500.95; and 4) authorizing the Mayor to sign the Notice of Completion for the project. PREPARED BY: Luca Zappiello, Assistant Engineer - Civil \ DEPARTMENT: Engin -ring/Public Works PHONE: 619-336-4360 01•- APPROVED BY: EXPLANATION: See attached. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS This project has been completed. No further financial statements or appropriations are required. ENVIRONMENTAL REVIEW: CEQA documentation has been certified and filed with County Recorder's Office. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt a Resolution accepting the work performed by Dick Miller Inc. for the Paradise Creek Water Quality and Community Enhancements Project, CIP No. 18-11 and approving the final contract amount of $1,150,018.95. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Notice of Completion 3. Final Contract Balance Report 4. Resolution 220 of 4721 EXPLANATION The "Paradise Creek=Water Quality and Community Enhancements" project, CIP 18-11, was the first implementation phase that provided immediate benefit to the creek and the community. The project is situated on the north side of Paradise Creek at Plaza Boulevard and Paradise Valley Road. The first phase of the project conveyed storm water flows collected from Paradise Creek to a biofiltration detention basin for treatment. This phase of the project included the installation of slope stability and erosion control measures surrounding the biofiltration basin that included native trees, shrubs, mulch, and drought tolerant landscaping to reduce the sediment pollutant loads from entering the biofiltration basin during and after a storm event. This first phase of the project also constructed an access road for Public Works' staff in order to provide regular maintenance of the creek. On June 18, 2019, the bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors. On June 21, 2019 and June 28, 2019, the bid solicitation was advertised in local newspapers. On July 9, 2019, six (6) bids were received electronically on PlanetBids by the 2:00 p.m. deadline. The list of bid opening summary is attached. Dick Miller inc. was apparent lowest bidder with a total bid amount of $1,010,101.01. Upon review of all documents submitted, Dick Miller, Inc.'s bid was deemed responsive, and they were the lowest responsible bidder qualified to perform the work as described in the project specifications. On August 6, 2019 the City Council adopted Resolution No. 2019-114, awarding the contract to Dick Miller Inc., in an amount not to exceed $1,010,101.01. The Notice to Proceed with construction was issued on August 21, 2019. Construction started on September 26, 2019 and was completed on June 05, 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 $139,917.94. This resulted in approximately 13.9% contract increase for a final contract balance of $1,150,018.95. The total cost of the project is within the contingency amount. As result of satisfactory completion of the project, staff recommends that City Council, 1) accept the work performed by Dick Miller Inc. for the Paradise Creek Water Quality and Community Enhancements project, CIP No. 18-11; 2) approve the final contract amount of $1,150,018.95; 3) ratify the release of retention in the amount of $57,500.95; 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. 221 of 472 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 June 5, 2020 of the: Paradise Creek Water Quality and Community Enhancement Project, CIP No. 18-11 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 Dick Miller Inc. Name of Original Contractor The following work and material were supplied: Labor provided: General Laborer. Materials: concrete, riprap, turf reinforcing mat, planting. Equipment: concrete equipment, paving equipment, grading equipment General statement of kind of labor, services, equipment or materials The names and addresses of co -owners are: N/A Dated: June 15, 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 June 15, 2021 at, National City, California. Signature: Alejandra Sotelo-Solis, MAYOR Noc09-05 222 of 472 FINAL CONTRACT BALANCE DATE: May 18, 2021 PROJECT: Paradise Creek Water Quality and Community Enhancement Project FY's 19-21 CIP No. 18-11 TO: Dick Miller, Inc. 930 Boardwalk, Suite H San Marcos, CA 92078 ORIGINAL CONTRACT AMOUNT: START DATE: COMPLETION DATE: ORIGINAL CONTRACT LENGTH: EXTENTION OF WORK DAYS: WORKING DAYS SUSPENDED: TOTAL CONTRACT TIME: DESCRIPTION: $1,010,101.01 September 26, 2019 June 05, 2020 100 Working Days 23 Working Days 48 Working Days 171 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 excavate and construct a 12" thick aggregate base access road in lieu of the dirt access road shown on the project plans. This Change Order total amount was $39,460.00. Change Order #2 directed the contractor to adjust the hydroseed mix locations called out on the original plans. This Change Order total amount was $ 2,468.40. Change Order #3 directed the contractor to remove unknown concrete encountered and modify slope, backfill and grade as needed on a T&M basis, This Change Order total amount was $ 2,320.03. Change Order #4 directed the contractor to modify an existing wingwall to match the new slope grade. The Change Order total amount was $ 4,436.67. Change Order #5 granted the contractor 22 additional working days as requested due to rain delays, The Change Order total amount was $ 0.00. 223 of 472 FINAL CONTRACT BALANCE Paradise Creek Water Quality and Community Enhancement Project CIP No. 18-11 Change Order #6 directed the contractor to install a 24" x 24" catch basin to collect water run-off from grading of the project, The Change Order total amount was $ 4,938.18. Change Order #7 directed the contractor to install various fencing and gates around the perimeter of the project and the Paradise Creek basin. The Change Order total amount was $ 46,987.70. Change Order #8 directed the contractor to install a debris grate in the Paradise Creek Channel. The Change Order total amount was $ 8,731.10. Change Order #9 directed the contractor to modify the original trash grate design. The Change Order total amount was $ 896.65. Change Order #10 directed the contractor to construct a concrete access road to access the operation and installation of the trash rack. The Change Order total amount was $ 16,904.02. Change Order #11 directed the contractor to re -apply the proposed hydro -seed to the basin slopes. The Change Order total amount was $ 7,231.31. Change Order #12 directed the contractor to install 200 one -gallon container plants within the basin floor to promote vegetation growth. The Change Order total amount was $ 2,945.56. Change Order #13 directed the contractor to install an inflatable plug at the weir to allow water to bypass the basin during the grow -in period of the landscape. The Change Order total amount was $2,598.32. All Change Orders listed above increased the total contract amount by $139,917.94. Line -item adjustments per the attached FINAL BILLING STATEMENT resulted in no increase or decrease of the original contract amount. $0.00. 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 $1,150,018.95. 2. As a result of the satisfactory completion of said project, a final retention amount of $57,500.95 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. Dick Miller, 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. 224 of 472 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City: 1) awarding a contract to Blue Pacific Engineering & Construction, Inc. in the not -to -exceed amount of $184,586.00 for the Civic Center ADA Accessibility Project, CIP No. 19-45; 2) authorizing a 15% contingency in the amount of $27,687.90 for any unforeseen changes; and 3) authorizing the Mayor to execute the contract. (Engineering/Public Works) Please scroll down to view the backup material. 225 of 472 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 15, 2021 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City, 1) awarding a contract to Blue Pacific Engineering & Construction, Inc. in the not -to -exceed amount of $184,586.00 for the Civic Center ADA Accessibility Project, CIP No. 19-45; 2) authorizing a 15% contingency in the amount of $27,687.90 for any unforeseen changes; and 3) authorizing the Mayor to execute the contract. PREPARED BY: Luca Zappiello, Assistant Engineer - Civil PHONE: 619-336-4360 °,-4 EXPLANATION: See attached. DEPARTMENT: Engin - ing/Public Works APPROVED BY: FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: Contract Award - $184,586.00 (funds are available through prior City Council CIP Appropriations) Expenditure Accounts: 001-409-500-598-1500 (Facilities Upgrades) — $144,554.86 001-409-500-498-6574 (ADA Improvements) — $40,031.14 15% Contingency - $27,687.90 (funds are available through prior City Council CIP Appropriations) Expenditure Account: 001-409-500-598-1500 (Facilities Upgrades) - $27,687.90 ENVIRONMENTAL REVIEW: CEQA Notice of Exemption will be filed with the County Recorder. ORDINANCE: INTRODUCTION: FINAL ADOPTION: MIS STAFF RECOMMENDATION: Adopt Resolution awarding a contract to Blue Pacific Engineering & Construction, Inc. in the not -to -exceed amount of $184,586.00 for the Civic Center ADA Accessibility Project, CIP No. 19-45. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Bid Opening Summary 3. Three Lowest Bidders Summary 4. Owner -Contract Agreement 5. Resolution 226 of 472 1 EXPLANATION The Civic Center ADA Accessibility Project, CIP No. 19-45, will upgrade the first floor exterior access into the Civic Center. The project will construct an ADA accessible path of travel to the mainentrance of the building located on the first floor, as well as the side entrances located on the north and south sides of the building. Additionally, the project will also install two ADA parking stalls in the building parking lot. The first stall will be located in front of the main entrance, and the second stall will be located near the southern entrance, adjacent to the employee parking. Staff will coordinate appropriate signage is placed during construction directing all members of the public and staff to the nearest entrance, as access may be limited at the north and south building entrances while they are being improved. Access to the main front entrance of the building will be maintained throughout the project for staff, as well as members of the public. The construction will be phased in such a way to create the least inconvenience to all facility users. On April 30, 2020, the bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors. On May 5, 2020 and May 11, 2020, the bid solicitation was advertised in local newspapers. On May 21, 2020, eight (8) bids were received electronically on PlanetBids by the 11:00 a.m. deadline. The list of bid opening summaries is attached. APR Construction Inc. was the apparent lowest bidder with a total bid amount of $177,256.00. On June 16, 2020, City Council adopted Resolution No. 2020-113, awarding a contract to APR Construction, Inc. in the not -to -exceed amount of $177,256.00. After the City Council awarded the construction contract, staff worked with APR Construction on construction deliverables. Shortly thereafter, staff discovered that APR Construction violated City's contract provisions by providing false information, consistent with Section 6.4.1 of the Specifications. As a result, on February 16, 2021 and on March 16, 2021 the Engineering Department presented an agenda item to City Council recommending to adopt the resolution finding APR Construction, Inc. in default of the contract for materially violating the contract provisions by providing false information. On February 16, 2021, the City Council adopted Resolution 2021-10 and on March 16, 2021, the City Council adopted Resolution 2021-17 finding APR Construction Inc. in default of the contract for the Civic Center ADA Accessibility project. On March 18, 2021, staff issued a written Notice of Termination for Default to terminate the contractor's right to perform under the Contract. Afterwards, staff contacted the second lowest bidder, Blue Pacific Engineering in order to determine if they were still interested in the project and confirm that there were no changes to the total cost of the project. Blue Pacific Engineering confirmed that they were still interested in this project and they also confirmed that the total cost would not exceed $184,586.00 which would result in a contract increase of $7,330.00. 227 of 472 Therefore, staff is recommending to award a contract to Blue Pacific Engineering as the second lowest bidder from the bid solicitation that was posted on PlanetBids on April 30, 2020 in an amount not to exceed $184,586.00. Staff also recommends authorizing a 15% contingency in the amount of $27,687.90 to address any unforeseen conditions that may arise. Attached are the bid opening summary sheet and a line item summary of the three lowest bidders for reference. Also attached is the Owner -Contractor Agreement. Construction is estimated to be completed in the fall of 2021. Updates will be provided on the City's CIP dashboard at: https://www.nationalcityca.gov/government/enciineering-public- works. 228 of 472 NAME: CIP NO: DATE: TIME: -0— CALIFORNIA -+- NATIONAL CI -,a! INCORPORAT1 BID OPENING SUMMARY CIVIC CENTER ADA ACCESSIBILITY PROJECT 19-45 Thursday, May 21, 2020 11:00 A.M. ESTIMATE: $200,000.00 PROJECT ENGINEER: Jose Lopez, P.E. NO. BIDDER'S NAME BID AMOUNT ADDENDA #1 BID SECURITY 1 APR Construction, Inc. 3916 Murray Hill Road La Mesa, CA 91941 $177,256.00 Yes Bond 2. Blue Pacific Engineering & Construction 7330 Opportunity Road, Suite J San Diego, CA 92111 $184,586.00 Yes Bond 3. Tri Group Construction 9580 Black Mountain Rd. Ste. L San Diego, CA 92126 $184,989.00 Yes Bond 4. Bella Construction 10008 Tall Oak Lane Escondido , CA 92026 $216,611.11 Yes Bond 5. lcpaving & sealing 620 Alpine Way Escondido, CA 92029 $258,772.45 Yes Bond 6. Fordyce Construction, Inc. 9932 Prospect Ave #138 Santee, CA 92071 $264,037.00 Yes Bond 7. SD Remodeling P.O. Box 1488 Rancho Santa Fe, CA 92067 $279,620.18 Yes Bond 8. Vasquez Construction Company 3009 G Street San Diego, CA 92102 $284,900.00 Yes Bond 229 of 472 Bid Results for Civic Center ADA Accessibility project (CIP No. 19-45) Item No. Description Unit Qty. APR Construction, Inc. Blue Pacific Engineering & Construction Tri Group Construction Base Bid 1 Mobilization/Demobilization LS 1 $15,000.00 $15,000.00 $15,000.00 $15,000.00 $6,000.00 $6,000.00 2 Surveying and Construction Staking LS 1 $2,000.00 $2,000.00 $10,000.00 $10,000.00 $9,000.00 $9,000.00 3 Traffic Control and Pedestrian Control LS 1 $1,000.00 $1,000.00 $10,000.00 $10,000.00 $5,000.00 $5,000.00 4 Clearing and Grubbing LS 1 $5,000.00 $5,000.00 $10,000.00 $10,000.00 $15,0.00.00 $15,000,00 5 Water Pollution Control LS 1 $1,700.00 $1,700.00 $8,000.00 $8,000.00 $5,000.00 $5,000,00 6 Unclassified Excavation LS 1 $2,000.00 $2,000.00 $10,000.00 $10,000.00 $15,000.00 $15,000.00 7 Removal, Disposal and Replacement of Unsuitable Material CY 7 $9,500.00 $66,500.00 $200.00 $1,400.00 $250.00 $1,750.00 8 Construct Concrete ADA Accessible Walkway SF 365 $68.00 $24,820.00 $30.00 $10,950.00 $14.00 $5,110.00 9 Construct Retaining Wall (All Types) Per City of San Diego Information Bulletins 221 and 222 SF 424 $19.00 $8,056.00 $100.00 $42,400.00 $90.00 $38,160.00 10 Construct Curb Ramp Type C Per SDRSD G-29 EACH 2 $2,000.00 $4,000.00 $4,500.00 $9,000.00 $4,600.00 $9,200.00 11 Signing and Striping LS 1 $2,000.00 $2,000.00 $5,000.00 $5,000.00 $3,000.00 $3,000.00 12 Furnish and install Pedestrian Protective Railing Per SDRSD M-24 & M- 25 LF 152 $30.00 $4,560.00 $150.00 $22,8.00.00 $218.00 $33,136.00 13 Mill &Overlay of ADA Parking Stalls SF 2,014 $10.00 $20,140.00 $5.00 $10,070.00 $9.00 $18,126.00 14 Fine Grading, Irrigation Adjustments and Landscape SF 70 $60.00 $4,200.00 $10.00 $700.00 $44.00 $3,080.00 15 Construct 4" PCC Sidewalk per SDRSD G-7, G-9, G-10 SF 743 $10.00 $7,430.00 $12.00 $8,916.00 $14.00 $10,402.00 16 Construct 6' Curb per SDRSD G-1 LF 27 $50.00 $1,350.00 $50.00 $1,350.00 $75.00 $2,025.00 17 Construct Concrete Step Per SDRSD M-26 EACH 2 $1,000.00 $2,000.00 $500.00 $1,000.00 $1,000.00 $2,000.00 18 Construct Concrete Ramp with Steel Plate Per Construction Detail B EACH 1 $2,500.00 $2,500.00 $5,000.00 $5,000.00 $3,000.00 $3,000.00 19 Fill Cells Completely with Non -Shrink Grout, Texture to Match Existing, Paint over Grout to Match Existing, See Detail C on Sheet 02 LS 1 $3,000.00 $3,000.00 $3,000.00 $3,000,00 $1,000.00 $1,000.00 Total $177,256.00 $184,586.00 $184,989.00 230 of 472 OWNER - CONTRACTOR AGREEMENT CIVIC CENTER ADA ACCESSIBILITY, CIP NO. 19-45 This Owner -Contractor Agreement ("Agreement") is made by and between the City of National City, 1243 National City Boulevard National City, California 91950 and Blue Pacific Engineering & Construction, ("Contractor"), 7330 Opportunity Road, Suite J, San Diego, CA 92111 on the 15th of June, 2021, for the construction of the above referenced Project. In consideration of the mutual covenants and agreements set forth herein, the Owner and Contractor have mutually agreed as follows: 1. CONSTRUCTION The Contractor agrees to do all the work and furnish all the labor, services, materials and equipment necessary to construct and complete the Project in a turn -key manner in accordance with this Agreement and all documents and plans referenced in Exhibit "A", (hereinafter "Contract Documents"), in compliance with all relevant Federal, State of California, County of San Diego and City of National City codes and regulations, and to the satisfaction of the Owner. 2. CONTRACT PRICE Owner hereby agrees to pay and the Contractor agrees to accept as full compensation for constructing the project in accordance with these Contract Documents in an amount not to exceed the contract price as set forth in Exhibit "B" attached hereto and incorporated herein by reference. Payments to the Contractor shall be made in the manner described in the Special Provisions. 3. TIME FOR PERFORMANCE Time is of the essence for this Agreement and the Contractor shall construct the project in every detail to a complete and turn -key fashion to the satisfaction of the Owner within the specified duration set forth in the Special Provisions. 4. NON-DISCRIMINATION In the performance of this Agreement, the Contractor shall not refuse or fail to hire or employ any qualified person, or bar or discharge from employment any person, or discriminate against any person, with respect to such person's compensation, terms, conditions or privileges of employment because of such person's race, religious status, sex or age. 231 of 472 5. AUTHORIZED OWNER REPRESENTATIVES On behalf of the Owner, the Project Manager designated at the pre -construction meeting shall be the Owner's authorized representative in the interpretation and enforcement of all Work performed in connection with this Agreement. 6. WORKERS' COMPENSATION INSURANCE a) By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement. b) The Contractor shall require each subcontractor to comply with the requirements of Section 3700 of the Labor Code. Before commencing any Work, the Contractor shall cause each subcontractor to execute the following certification: "1 am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement." 7, ENTIRE AGREEMENT; CONFLICT The Contract Documents comprise the entire agreement between the Owner and the Contractor with respect to the Work. In the event of conflict between the terms of this Agreement and the bid of the Contractor, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid conflicting herewith. 8. MAINTENANCE OF AGREEMENT DOCUMENTATION Contractor shall maintain all books, documents, papers, employee time sheets, accounting records and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by Owner and copies thereof shall be furnished to Owner if requested. 9. INDEPENDENT CONTRACTOR At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee, agent, partner or joint venturer of the Owner. Owner shall have the right to control Contractor insofar as the results of Contractor's 232 of 472 services rendered pursuant to this Agreement; however, Owner shall not have the right to control the means by which Contractor accomplishes such services. 10. LICENSES AND PERMITS Contractor represents and declares to Owner that it has all licenses, permits, qualifications and approvals of whatever nature which are legally required to practice its profession. Contractor represents and warrants to Owner that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any licenses, permits, qualifications or approvals which are legally required for Contractor to practice its profession. 11. GOVERNING LAW, VENUE This Agreement and the Contract Documents shall be construed under and in accordance with the laws of the State of California, and the appropriate venue for any action or proceeding arising from this Agreement and/or the Contract Documents shall be had in the Superior Court of San Diego, Central Branch. 12. COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall for all purposes be deemed to be an original. 13. FALSE CLAIMS Contractor acknowledges that if a false claim is submitted to the Owner, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the Owner seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys' fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. I have read and understood allthe provisions of this Section 15, above: (Initial) (Initial) 233 of 472 14. AGREEMENT MODIFICATION This Agreement and the Contract Documents may not be modified orally or in any manner other than by an amendment in writing and signed by the Owner and the Contractor. IN WITNESS WHEREOF this Agreement is executed as of the date first written above. Owner: Alejandra Sotelo-Solis Mayor, City of National City (Owner/Officer signature) ,Shad rani El i hGI — Dvaner APPROVED AS TO FORM: Print name and title Contractor: Blue Pacific Engineering & Construction By: Charles E. Bell, Jr. City Attorney (Second officer signature if a corporation) (Second officer signature if a corporation) Print name and title Ra-loiv0196/2 Contractor's City Business License No. State Contractor's License No. and Class 554 Caro;no be/ RI 0 Stc4 Sie. Business street address Sal Die", CA- ft-io City, State and Zip Code 234 of 472 EXHIBIT A CONTRACT DOCUMENTS Owner/Contractor Agreement Bid Schedule Addenda Plans Special Provisions (Specifications) San Diego County Regional Standard Drawings City of National City Standard Drawings Standard Specifications for Public Works Construction and Regional Supplements (Greenbook) State Standard Specifications State Standard Plans California Building, Mechanical, Plumbing and Electrical Codes Permits issued by jurisdictional regulatory agencies Electric, gas, and communications companies specifications and standards Sweetwater Authority specifications and standards Specifications, standards and requirements of MTS, BNSF, SANDAG, Port of San Diego and all other agencies that may be adjacent and/or affected by the project. 235 of 472 EXHIBIT B CONTRACT PRICE (NOTE - TO BE COMPLETED TO CONFORM WITH BID SCHEDULE ITEMS) 236 of 472 STATE OF COUNTY OF PARTNERSHIP CERTIFICATE (0- ) ss On this day of , 20 , before me, the undersigned, a Notary Public in and for said County and State, personally appeared: (Notary Seal) known to me to be of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. Signature: Name (Type or Print): (Notary Public in and for said County and State) My Commission expires: 237 of 472 AMENDED ORIGINAL, EXECUTED IN TRIPLICATE BOND NO. 024248379 PREMIUM INCLUDED IN PERFORMANCE BOND PAYMENT BOND WHEREAS, the City Council of the City of National City, on the 15th Day of June 2021, has awarded to Blue Pacific Engineering & Construction, hereinafter designated as the "Principal", the CIVIC CENTER ADA ACCESSIBILITY, CIP NO. 19-45. WHEREAS, said Principal is required by Chapter 5 (commencing at Section 3225) and Chapter 7 (commencing at Section 3247), Title 15, Part 4, Division 3 of the California Civil Code to furnish a bond in connection with said contract; NOW, THEREFORE, we, the Principal and THE OHIO CASUALTY INSURANCE COMPANY as surety, are held and firmly bound unto the City Council of the City of National City, hereinafter called the "Council", in the penal sum of One Hundred Eighty Four Thousand, Five Hundred Eighty Six ($184,586.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his/her or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay any of the persons named in Section 3181 of the California Civil Code, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the Contractor and his subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with respect to such work and labor the Surety will pay for the same in an amount not exceeding the sum hereinafter specified, and also, in case suit is brought upon this bond, a reasonable attorney's fee, to be fixed by the Court. This Bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code, so as to give a right of action to such persons or their assigns in any suit brought upon this bond. 238 of 472 It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement hereinabove described or pertaining or relating to the furnishing of labor, materials, or equipment therefore, not by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement hereinabove described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner of Public Entity and original contractor or on the part of any obliges named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 3110 or 3112 of the California Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned. IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the 1ST THE OHIO CASUALTY BLUE PACIFIC NGINEERIG INSURANCE COMPANY (SEAL) & CON';UC LIN r 1I (SEAL) C'..t (SEAL) _ �I��I (SEAL) day of JUNE , 20 21 MARK D. IATAROLA, ATTORNEY -IN -FACT (SEAL) 1-4A14-RAi lG Li u U oyo.iciz (SEAL) Surety Principal 239 of 472 ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF ) ss COUNTY OF On this day of , 20 , before me, the undersigned, a Notary Public in and for said County and State, personally appeared known to me to be the person whose name is subscribed to the within instrument as the attorney -in -fact of the , the corporation named as Surety in said instrument, and acknowledged to me that he subscribed the name of said corporation thereto as Surety, and his own name as attorney -in -fact. NOTE: Signature of those executing for Surety must be properly acknowledged. NOTE: The Attorney -in -fact must attach a certified copy of the Power of Attorney. Signature: Name (Type or Print): (Notary Public in and for said County and State) My Commission expires: ATTACH ALL BONDS 240 of 472 Liberty Mutual. SURETY This Power of Attorney limits the acts of those named herein, and they have na authority to bind the Company except in the manner and to the extent herein stated. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY Certificate No: 8205111.024100 KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company Is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Helen Maloney; John G. Maloney; Mark D. Iatarola; Sandra Figueroa; Tracy Holrnes; Tracy Lynn Rodriguez all of the city of Escondido state of CA each individually If there be more than one named, its true and lawful attomey-in-fact to make, execute, seal, acknowledge and deliver, for and an its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 29th day of March , 2021 , State of PENNSYLVANIA ss County of MONTGOMERY On this 29111 day of March , 2021 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and That he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. By: Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company David M. Carey, Assistant Secretary Commonwealth of Pennsylvania - Notary Seal Teresa Pastella, Notary Public Montgomery County My commission expires March 20, 2025 Commission number 1120044 Member, Pennsylvania Assoclalton of Notaries By: l��� eresa Pastella, Notary Public This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV-- OFFICERS: Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in wilting by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII — Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 1ST day of JUNE , 2021 By: Renee C. Llewellyn, Assistant Secretary •0 0 w •—ca cE co , >, CO d0 0 Q O OD N 0N `� a D c(.53 1a = �re LL n LMS-12e73 LMIC OCIC WAIC Multi Co 02121 241 of 472 AMENDED ORIGINAL EXECUTED IN TRIPLICATE BOND NO. 024248379 PREMIUM: $3,769.00 PREMIUM IS FOR CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE PERFORMANCE BOND WHEREAS, the City Council of the City of National City, on the 15th of June 2021, has awarded to Blue Pacific Engineering & Construction, hereinafter designated as the "Principal", the CIVIC CENTER ADA ACCESSIBILITY, CIP NO. 19-45. WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract. NOW, THEREFORE, we, the Principal and THE OHIO CASUALTY INSURANCE COMPANY as surety, are held and firmly bound unto the City Council of the City of National City hereinafter called the "Council", in the penal sum of One Hundred Eighty Four Thousand, Five Hundred Eighty Six ($184,586.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the above bounden Principal, his/her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said contract any alteration thereof made as therein provides, on his or their part, to be kept and performed at the time and in the amount therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of National City, the City Council, their officers, agents, and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the 242 of 472 work to be performed herein or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or additions to the terms of the contract or to the work or to the specifications. In the event suit is brought upon this bond by the City of National City and judgment is recovered, the surety shall pay all costs incurred by the Council in such suit, including a reasonable attorney's fee to be fixed by the Court. IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the 1ST day of JUNE , 20 21 THE OHIO CASUALTY BLU: PACIFIC ENGINEEI INSURANCE COMPANY (SEAL) & C.�j TRUCjjON 1- (SEAL) MEE MARK D. IATAROLA, ATTORNEY -IN -FACT (SEAL) (SEAL) (SEAL) A►42 N K1.tI4U/ OWNED (SEAL) Surety Principal 243 of 472 PERFORMANCE BOND ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF ) ss COUNTY OF ) On this day of , 20 , before me, the undersigned, a Notary Public in and for said County and State, personally appeared known to me to be the person whose name is subscribed to the within instrument as the attorney -in -fact of the , the corporation named as Surety in said instrument, and acknowledged to me that he subscribed the name of said corporation thereto as Surety, and his own name as attorney -in -fact. NOTE: Signature of those executing for Surety must be properly acknowledged. NOTE: The Attorney -in -fact must attach a certified copy of the Power of Attorney. Signature: Name (Type or Print): Notary Public in and for said County and State My Commission expires: 244 of 472 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of SAN DIEGO 1 On 6/1/2021 before me, SANDRA FIGUEROA, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared MARK D. IATAROLA Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person() whose name(€) is/ e-subscribed to the within instrument and acknowledged to me that he/shelthcy executed the same in his/hcr/thcir authorized capacity(tes), and that by his/hcr/thcir signature() on the instrument the person(), or the entity upon behalf of which the person(s) acted, executed the instrument SANDRA FIGUEROA COMM. # 2334108 > SAN DIEGO COUNTY > NOTARY PUBLIC-CALIFORNIAZ MY COMMISSION EXPIRES SEPTEMBER 22, 2024 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature OPTIONAL Signature of Notfrry Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: MARK D. IATAROLA ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual In Attorney in Fact ❑ Trustee 0 Guardian of Conservator O Other: Signer is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited 0 General ❑ Individual ❑ Attorney in Fact ❑ Trustee 0 Guardian of Conservator ❑ Other: Signer is Representing: ©2017 National Notary Association 245 of 472 Liberty Mutual® SURETY This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Helen Maloney; John G. Maloney; Mark D. Iatarola; Sandra Figueroa; Tracy Holmes; Tracy Lynn Rodriguez Certificate No: 8205111-024100 all of the city of Escondido state of CA each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 29th day of March , 2021 . State of PENNSYLVANIA County of MONTGOMERY ss 0n this 29th day of March , 2021 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and That he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. By: Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company Commonwealth of Pennsylvania • Notary Seal Teresa Pastella, Notary Public Montgomery County My commtsslon expires March 28.2025 Commission number 1126044 Member, Pennsylvanle Assa latlon at Notenes By: David M. Carey, Assistant Secretary puct) /wig, Teresa Pastelia, Notary Public This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV -- OFFICERS: Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII — Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act In behalf of the Company to make, execute, seat, acknowledge and deliver as surety any and all undertakings bonds, recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attomey executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 1ST day of NNE , 2021 . By: Renee C. Llewellyn, Assistant Secretary d1 1= NO • 713 �V cr cE a5- •C (d O N ¢`o O L C2 d M 0o a = -0 U -O0 N 02 U.. 0. LMS-12873 LMIC OC!C WAIC Multi Co 02l21 246 of 472 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the Mayor to execute a two-year Agreement with Southwest Traffic Signal Service, Inc. for a not -to -exceed amount of $1,400,000 to provide on -call and as -needed Traffic Signal and Streetlight Maintenance & Repair Services including, but not limited to, services, installations, maintenance, and repairs of the traffic signal systems, lighting systems, flashing crosswalks, battery backup systems, and related equipment and services citywide. (Engineering/Public Works) Please scroll down to view the backup material. 247 of 472 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 15, 2021 AGENDA ITEM NO.: ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute a two-year Agreement with Southwest Traffic Signal Service, Inc. for a not -to -exceed amount of $1,400,000 to provide on -call and as -needed Traffic Signal and Streetlight Maintenance & Repair Services including, but not limited to, services, installations, maintenance, and repairs of the traffic signal systems, lighting systems, flashing crosswalks, battery backup systems, and related equipment and services citywide. PREPARED BY: Tirza Gonzales, Management Analyst II PHONE: 619-336-4318 EXPLANATION: See staff report. EPARTMENT: E APPROVED BY: g & Public Works FINANCIAL STATEMENT: APPROVED: FINANCE ACCOUNT NO. APPROVED: MIS Funding is dependent on existing and future appropriations as part of annual budget. ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION n FINAL ADOPTION n STAFF RECOMMENDATION: Adopt Resolution executing an Agreement with Southwest Traffic Signal Service, Inc. for a not -to - exceed amount of $1,400,000 to provide Traffic Signal and Streetlight Maintenance and Repair Services. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Explanation 2. Agreement 3. Resolution 248 of 47'; {rl The Streets and Wastewater Division of the Engineering including De art poles, ent currently maintains SO traffic controlled intersections, lights g 736 streetlights, and approximately 160 additional pieces of related equipment. Based on the need for specialized services, the Engineering and Public Worksffic Depla t Stt issued ss ed a Request for Proposal (RFP) for on -call and as -needed ght Maintenance and Repair Services. On April 29, 2021, the Engineering and Public Works Department issued an RFP for Traffic Signal and Streetlight Maintenance and Repair Sri t afscicludiil gg, but notllimited to, services, installations, maintenance, and repairs of Land other related equipment and eghting systems, flashing crosswalks, battery backup systems services, on PlanetBids, a free public electronic bidding system. The deadline to submit responsive proposals was May 20, 2021. Two submitted proposals for Traffic Signal and Streetlight Maintenance ance and a panel Repair Services were received by the 5:00 p.m. submittal deadline. of Engineering and Public Works Department staff reviewed and scored the submittals based on the evaluation criteria detailed in the RFP. Based on the strength of their proposal, scored evaluations, n and f r negotiiations,thr, star aff recommends executing a two-year Agreement (with p extensions) with Southwest Traffic Signal Service, Inc., for rand Stree xce Ma amount of $1,400,000 to provide on -call and as -needed Traffic Sigin Exntenance and Repair Services per the scope of work and costs imustfied meet p eibailmg to the he Agreement. All services performed by contractorand will requirements as mandated by the Department of Inutedal R heletions rector o Public be provided to the City on an as --needed basis and as-dire Works/City Engineer. Traffic Signal and Streetlight Maintenance and Repair Seratvice as will be paof the provided with available funding based on existing and future appr p nual budget. Currently, FY22 approved budget appropriations for this effort are $250,000. 249 of 472 AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND SOUTHWEST TRAFFIC SIGNAL SERVICE, INC. THIS AGREEMENT is entered into on this 15th day of June, 2021, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and SOUTHWEST TRAFFIC SIGNAL SERVICE, INC., a California corporation (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide traffic signal and streetlight maintenance and repair services; WHEREAS, on April 29, 2021, the Engineering & Public Works Department advertised a Request for Proposal (RFP) for traffic signal and streetlight maintenance and repair services; WHEREAS, on May 20, 2021, the CONSULTANT submitted a proposal in response to the RFP, consistent with the requirements of the RFP; WHEREAS, the CITY has determined that the CONSULTANT is a traffic signal and streetlight maintenance and repair company and is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1, ENGAGEMENT OF CONSULTANT. The CITY agrees to engage the CONSULTANT to provide traffic signal and streetlight maintenance and repair services and the CONSULTANT agrees to perform the services set forth here in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services shall be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement will become effective on July 1, 2021. The duration of this Agreement is for the period of July 1, 2021 through June 30, 2023. This Agreement may be extended by mutual agreement upon the same terms and conditions for an additional one (1) year term. The Parties may exercise up to three one- year extensions. Any extension of this Agreement must be approved in writing by the City Council. 3. SCOPE OF SERVICES. The CONSULTANT will perform services as set forth in the attached Exhibit "A", including but not limited to, services, installations, maintenance, and 250 of 472 repairs of the traffic signal systems, lighting systems, flashing crosswalks, battery backup systems, and related equipment and services, on an on -call and emergency basis. The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONSULTANT shall appear at meetings specified in Exhibit "A" to keep staff and City Council advised of the progress on the project. The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services. 4. PROJECT COORDINATION AND SUPERVISION. The Director of Public Works / City Engineer hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Ryan T. Clark, President and General Manager, thereby is designated as the Project Director for the CONSULTANT. 5. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A" shall not exceed $1,400,00.00. The compensation for the CONSULTANT'S work shall not exceed the rates set forth in Exhibit "A". Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A", as determined by the CITY. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred, and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY, and for furnishing of copies to the CITY, if requested. 6. ACCEPTABILITY OF WORK. The CITY shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement, and the amount of compensation due. In the event the CONSULTANT and the CITY cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT in this Agreement, the CITY or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the CITY shall each prepare a report which supports their position and file the same with the other party. The CITY shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT. 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications, and other documents prepared by the CONSULTANT for this project, whether paper or electronic, shall: (1) be free from defects; (2) become the property of the CITY for use with respect to this project; and (3) shall be tuned over Standard Agreeinent Page 2 of 12 City of National City and Revised January 2021 Southwest Traffic Signal Service, Inc. 251 of 472 to the CITY upon completion of the project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CITY, and CONSULTANT thereby expressly waives and disclaims any copyright in, and the right to reproduce, all written material, drawings, plans, specifications, or other work prepared under this Agreement, except upon the CITY'S prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium, or method utilize the CONSULTANT'S written work product for the CITY'S purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings, or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14, but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of Services of this project, unless otherwise mutually agreed. 8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT'S employees are employees of the CITY, and are not entitled to any of the rights, benefits, or privileges of the CITY'S employees, including but not limited to retirement, medical, unemploy- ment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT'S employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement, nor any interest herein, may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or SUBCONSULTANTS, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its SUBCONSULTANT(S) shall require the SUBCONSULTANT(S) to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CITY, nor its officers, agents, or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT'S employees, except as set forth in this Agreement. The CONSULTANT, or the CONSULTANT'S agents, servants, or employees are not in any manner agents, servants, or employees of the CITY. The CONSULTANT and its agents, servants, and employees are wholly independent from the CITY and CONSULTANT'S obligations to the CITY are solely prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable state and federal Standard Agreement Page 3 of 12 City of National City and Revised January 2021 Southwest Traffic Signal Service, Inc. 252 of 472 statutes and regulations, and all applicable ordinances, rules, and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT and each of its SUBCONSULTANT(S), shall obtain and maintain a current City ofNational City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. CONSULTANT must promptly produce a copy of any such license, permit, or approval to CITY upon request. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 12. STANDARD OF CARE. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT'S trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT'S employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this Agreement, the CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONSULTANT'S professional performance or the furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -section will render the CONSULTANT liable to the CITY for any increased costs that result from the CITY'S later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places Standard Agreement Page 4 of 12 City of National City and Revised January 2021 Southwest Traffic Signal Service, Inc. 253 of 472 available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 14, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONSULTANT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 15. 15. INDEMNIFICATION AND HOLD HARMLESS. To the maximum extent provided by law, The CONSULTANT agrees to defend, indemnify and hold harmless the City of National City, its officers, officials, agents, employees, and volunteers against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT'S performance or other obligations under this Agreement; provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the CITY, its agents, officers, employees or volunteers. CITY will cooperate reasonably in the defense of any action, and CONSULTANT shall employ competent counsel, reasonably acceptable to the City Attorney. The indemnity, defense, and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement. 16. EMPLOYEE PAYMENTS AND INDEMNIFICATION. 16.1 PERS Eligibility Indemnification. If CONTRACTOR's employee(s) providing services under this Agreement claims, or is determined by a court of competent jurisdiction or the California Public Employees Retirement System ("PERS") to be eligible for enrollment in PERS of the CITY, CONTRACTOR shall indemnify, defend, and hold harmless CITY for the payment of any employer and employee contributions for PERS benefits on behalf of the employee as well Standard Agreement Page 5 of 12 City of National City and Revised January 2021 Southwest Traffic Signal Service, Inc. 254 of 472 as for payment of any penalties and interest on such contributions which would otherwise be the responsibility of the CITY. CONTRACTOR'S employees providing service under this Agreement shall not: (1) qualify for any compensation and benefit under PERS; (2) be entitled to any benefits under PERS; (3) enroll in PERS as an employee of CITY; (4) receive any employer contributions paid by CITY for PERS benefits; or (5) be entitled to any other PERS-related benefit that would accrue to a CITY employee. CONTRACTOR's employees hereby waive any claims to benefits or compensation described in this Section 16. This Section 16 applies to CONTRACTOR notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary. 16.2 Limitation of CITY Liability. The payment made to CONTRACTOR under this Agreement shall be the full and complete compensation to which CONTRACTOR and CONTRACTOR's officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither CONTRACTOR nor CONTRACTOR's officers, employees, agents, and subcontractors are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to CITY employees. The CITY will not make any federal or state tax withholdings on behalf of CONTRACTOR. The CITY shall not be required to pay any workers' compensation insurance on behalf of CONTRACTOR. 16.3 Indemnification for Employee Payments. CONTRACTOR agrees to defend and indemnify the CITY for any obligation, claim, suit, or demand for tax, retirement contribution including any contribution to PERS, social security, salary or wages, overtime payment, or workers' compensation payment which the CITY may be required to make on behalf of (1) CONTRACTOR, (2) any employee of CONTRACTOR, or (3) any employee of CONTRACTOR construed to be an employee of the CITY, for work performed under this Agreement. This is a continuing obligation that survives the termination of this Agreement. 17. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Labor Code and all amendments thereto; and all similar State or federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, employees, and volunteers from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 18. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its SUBCONSULTANT(S), when applicable, to purchase and maintain throughout the term of this Agreement, the following insurance policies: A. ❑ If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile Insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 Standard Agreement Page 6 of 12 City of National City and Revised January 2021 Southwest Traffic Signal Service, Inc. 255 of 472 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. C. Commercial General Liability Insurance, with minimum limits of either $2,000,000 per occurrence and $4,000,000 aggregate, or $1,000,000 per occurrence and $2,000,000 aggregate with a $2,000,000 umbrella policy, covering all bodily injury and property damage arising out of its operations, work, or performance under this Agreement. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "project" or "location". The "project" or "location" should be noted with specificity on an endorsement that shall be incorporated into the policy. D. Workers' Compensation Insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the CITY. Said endorsement shall be provided prior to commencement of work under this Agreement. If CONSULTANT has no employees subject to the California Workers' Compensation and Labor laws, CONSULTANT shall execute a Declaration to that effect. Said Declaration shall be provided to CONSULTANT by CITY. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, officials, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY's Risk Manager, at the address listed in subsection G below, of cancellation or material change. F. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. G. The Certificate Holder for all policies of insurance required by this Section shall be: City of National City c/o Risk Manager 1243 National City Boulevard National City, CA 91950-4397 H. Insurance shall be written with only insurers authorized to conduct business in California that hold a current policy holder's alphabetic and financial size category rating of not less than A:VII according to the current Best's Key Rating Guide, or a company of equal financial stability that is approved by the CITY'S Risk Manager. In the event coverage is provided by non - admitted "surplus lines" carriers, they must be included on the most recent List of Approved Surplus Line Insurers ("LASLI") and otherwise meet rating requirements. I. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insuranceprovisions have been complied with, are filed with and approved by the CITY'S Risk Manager. If the CONSULTANT does not keep all insurance policies required by this Section 18 in full force and effect at all times during the term of this Agreement, the CITY Standard Agreement Page 7 of 12 City of National City and Revised January 2021 Southwest Traffic Signal Service, Inc. 256 of 472 may treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. J. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. CITY reserves the right to modify the insurance requirements of this Section 18, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. K. If the CONSULTANT maintains broader coverage or higher limits (or both) than the minimum limits shown above, the CITY shall be entitled to the broader coverage or higher limits (or both) maintained by the CONSULTANT. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY. 19. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 30-day's written notice to the CONSULTANT. During said 30-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONSULTANT'S breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 7. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a Standard Agreement Page 8 of 1.2 City of National City and Revised January 202I Southwest Traffic Signal Service, Inc. 257 of 472 reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: Roberto Yano Director of Public Works / City Engineer Engineering & Public Works Department City of National City 1243 National City Boulevard National City, CA 91950-4397 To CONSULTANT: Ryan T. Clark President & General Manager Southwest Traffic Signal Service, Inc. 9201 Isaac St., Ste. A Santee, CA 92071 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official Standard Agreement Page 9of12 City of National City and Revised Januaty 2021 Southwest Traffic Signal Service, Inc. 258 of 472 position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY, ❑ If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Section 22 by the CONSULTANT. 23. PREVAILING WAGES. State prevailing wage rates may apply to work performed under this Agreement. State prevailing wages rates apply to all public works contracts as set forth in California Labor Code, including but not limited to, Sections 1720, 1720.2, 1720.3, 1720.4, and 1771. Consultant is solely responsible to determine if State prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations. 24. ADMINISTRATIVE PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state, or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. To the extent any exhibits, schedules, or provisions thereof conflict or are inconsistent with the terms and conditions contained in this Agreement, the terms and conditions of this Agreement shall control, F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Assignment & Assumption of Rights. CONSULTANT shall not assign this Agreement, in whole or in part, to any other party without first obtaining the written consent of CITY. H. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. I. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. The venue for any legal action arising under Standard Agreement Page 10 of 12 City of National City and Revised January 2021 Southwest Traffic Signal Service, Inc. 259 of 472 this Agreement shall be in either state or federal court in the County of San Diego, State of California. J. Audit. If this Agreement exceeds ten -thousand dollars ($10,000), the parties shall be subject to the examination and audit of the State Auditor for a period of three (3) years after final payment under the Agreement, per Government Code Section 8546.7. K. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject hatter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. L. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. M. Subcontractors or Subconsultants. The CITY is engaging the services of the CONSULTANT identified in this Agreement. The CONSULTANT shall not subcontract any portion of the work, unless such subcontracting was part of the original proposal or is allowed by the CITY in writing. In the event any portion of the work under this Agreement is subcontracted, the subconsultant(s) shall be required to comply with and agree to, for the benefit of and in favor of the CITY, both the insurance provisions in Section 18 and the indemnification and hold harmless provision of Section 15 of this Agreement. N. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. /// /// /// /// Standard Agreement Page 11 of 12 City of National City and Revised January 2021 Southwest Traffic Signal Service, Inc. 260 of 472 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Alejandra Sotelo Solis, Mayor APPROVED AS TO FORM: By: Charles E. Bell Jr. City Attorney Standard Agreement SOUTHWEST TRAFFIC SIGNAL SERVICE, INC. (Corporation — signatures of two corporate officers required) (Partnership or Sole proprietorship — one signature) By: (Name) (Print) (Title) By: (Name) Page 12 of 12 (Print) (Title) City of National City and Revised January 2021 Southwest Traffic Signal Service, Inc. 261 of 472 EXHIBIT A APPENDIX A CONTACT INFORMATION 1. Legal name and address of company: 9ovt' /tSr S Fr,C SIG6✓9C Sf2v/GL !N b&3; 5007N'-✓EST S 0 Box /257 t=C Chi t , Cr' 3ZOZ2 2. Legal form of company: C C&/2 2 4j %-joIJ 3. Address of office working on the project: So ciTil LvECT S /Cw41 f�gu c 92dl 1S44c S T S7F ,4 SI4N7E47, S 2G7, 4. Name, title, address, telephone number, and email address of the person to contact concerning the bid: .YAW T CC,¢ret PC-/ESI DEAfT JVt4N I1Gk Imo 4 DX J25?, rG CATtqui (r4 �j2oZZ (19-y92 331/3 Pct./yap SC*7-1/1.. ST S161v41- • CO ►"'1 16 City of National City Traffic Signal and Streetlight Maintenance & Repair Services 262 of 472 APPENDIX B TEAM MEMBERS AND KEY PERSONNEL The CONTRACTOR is required to provide a discussion of its team members and key personnel as described in the Statement Requirements section. (ATTACH CONTRACTOR'S TEAM MEMBER AND KEY PERSONNEL DISCUSSION HERE) 17 City of National City Traffic Signal and Streetlight Maintenance & Repair Services 263 of 472 %OUTHWEST ICNAL ERVICE DVBEJSBE #11761 PO Box 1297 El Cajon, CA 92022 CSLB #45111 To: City of National City 20MAY2021 Re: Appendix B, Team Members and Key Personnel Sir or Madam, This letter serves to provide discussion in compliance with Appendix B of Request for Proposal (RFP), Traffic Signal and Streetlight Maintenance & Repair Services dated 29APR2021. Southwest Signal Service has been in business for nearly 40 years, focused on maintenance and construction of traffic signals and street lighting. We have been servicing traffic signals and streetlights for the City of National City for over 30 years. Currently, we perform traffic signal maintenance and repair for 9 local municipalities. We currently hold A, B, and C-10 Contractor's Licenses with the CSLB, under license #451115, and are a disabled -veteran owned small business. Our DIR number is 1000004265. In total, Southwest Signal Service has over 20 employees, with the majority performing construction tasks in small teams under the supervision of a trained crew leader. Those who demonstrate a potential aptitude for maintenance are trained in-house and certified by IMSA to be Traffic Signal Technicians. Our maintenance technicians are career professionals with many years of experience, and they perform the bulk of services that can be performed by one or two individuals. More substantial efforts that require the use of specialized equipment or teams of three or more are generally accomplished by our in-house construction teams. While Southwest Signal Service tends to assign individual technicians to specific contracts due to various preferences, we do not currently have any active contractual requirement to provide such an assignment. As such, Southwest Signal Service would be agreeable to the City of National City interviewing and/or selecting from our pool of talented individuals a primary technician for the city's needs. Currently, the majority of your city's traffic signal and streetlight maintenance is performed by Billy Nathan. The table below provides our current list of IMSA-certified Traffic Signal Technicians, to include their certification expiration date, as well as their total years of www.southwestsignal.com Page 1 of 3 264 of 472 experience in traffic signal -related work. As Construction Technicians mature in their abilities, we expect to have additional personnel available for future requirements. Professional references for each of the listed personnel are the contacts provided with our ongoing contracts with various municipalities here in San Diego County. Technician Name IMSA Cert # Expiration Yrs Exp Charlie Richardson III CE_75545 23JUL2022 23+ Tony Cisneros II BE 85467 05JUN2021 16+ Jorge Gonzalez II BE_89462 18MAR2023 14+ Ryan Rector 1I BE_111980 020CT2021 5+ Billy Nathan II BE 92948 20JUL2021 20+ Carlos Martinez I1 BE 111972 04JUN2021 14+ Luis Nunez II BE 111976 22JUN2021 15+ Ryan Clark II BE_127172 18MAR2023 15+ Our local area supervisor is Tony Cisneros, who had been previously assigned as the primary technician for the City of National City before his promotion to supervisor. He knows the city's needs exceptionally well. As a locally -owned and operated entity, the city also has direct access to myself as the president and general manager. Our service fleet currently has five overhead lift trucks as well as three service trucks that can be employed as needed. Our construction teams have an array of trucks and equipment, to include several air compressors, available. We maintain an inventory of common parts in our warehouse, to limit impacts to customers when a replacement is required. Urgent but unplanned services are a common practice for Southwest Signal Service. Minor repairs are usually accomplished within an hour or so of first being reported. Major repairs, such as a traffic signal pole knockdown, generally require a larger crew and results in several hours of impact to the intersection. We maintain a handful of Type 1A poles and other signal equipment for emergency use, until a custom -ordered permanent replacement pole can be delivered and installed. Routine scheduled maintenance is tracked by way of our existing custom software that our technicians, supervisors, and administrative personnel use to schedule tasks per contractual direction. Emergency calls are entered into the same software and issues an immediate tasking directive to appropriate technicians. This software is web -based, and is accessible to all personnel even while in the field. Each month, customers are provided reports that describe all activities conducted, to include routine preventative maintenance tasks, service calls and repairs, markout activities, as well as a www.southwestsignaf.com Page 2 of 3 265 of 472 report identifying any deficiencies that have been identified at an intersection but not yet resolved. Finally, Southwest Signal Service's main location is located here within the county. For most business hours, one or more technicians will be located either within the City of National City, an adjacent city, or otherwise within 20 miles. Outside of business hours, all on -call technicians currently live within 20 miles of city and within the county borders. Should you have. tiy questions, I may be reached at the number below. Ryan T. Clark President and General Manager Southwest Traffic Signal Service, Inc. (619) 442-3343 www.southwestsignal.com Page 3 of 3 266 of 472 orfl flI 1,wWWWMwr4re CONTRACTORS ci=a STATE LICENSE BOARD ACTIVE LICENSE -r=•'s.r•r 451115 :•,ir. CORP :.,.•.,,> SOUTHWEST TRAFFIC SIGNAL SERVICE INC B CI0 A 01/31/2022 www.cslb.ca.gov • 267 of 472 it /i4i+r}�+144V-*� 1-444 ir64t0-��&44#4 ifit 1i404f ♦4 .P.•.-... f •��+?��►��''1��;,-.r:�:t'4104,414Ve1M t, �:�:�±:�s� _a�;i�� �•.i;��f �V•�s! :+:�- . `0 x ►*ail) !1! ter, �,1 r - ♦ ♦�♦ + /a r r 70i {lN+�4�V+u , i I ;` , A 1�I!i�tjl , , 1-, Ij .i 11t tI 1 I1 11i1 jig; } } } 1 ; i f i .....� •,.:.;.: . , . , i "7. .xf i �,�. =.:.z� ii r 1tli ' *. i*i -11 ii 10 0 1 �-� -- ...-,_ a _ , '• a_ _1 tt� * _ , s _ EtW.. � _ �4 .1-s_ 3s '-�.'- ems«±_ -- ,. 4 Charlie A. Richardson is hereby certified as a Traffic Signal Senior Field Tech Level 111 by completing all requirements and examination for certification on 7/23/2019 Valid thru 7/23/2022 Certification #CE_75545 Toby C mmings, CAE - Executive irector � ..................__ ... „!y'/o r s•• ♦tom ..'.-•:..-<y!..�T �_ s.. _ � ♦-._ ✓Y�1 ~' f•e -��'���1 s l�e�•�.-r�Ptj'! '�l i.Yi;i rl •�♦1 eT't' ��I�1i'�irizij �` fi�'i�t {ft�,1i 1 1 f il�tj�i�i�il♦�i -•1�I v��i�'!�-TM.�.. li�i•� ♦t• � -'=� i • ♦I+�t'"��1, :�:i*�I��t�t�tlt��1���:v v.+�+*+�+`t�+`t1�1���. � v+�il+It�tlti`�`I`�`i`�''•i'�'I++t��1��t1`I`�`iti'i4?9Vtltltitl�*1`I`i'i"'i'�r1+1�t"':,� 1�'���4i, �' Traffic Signal Renewal Program Jose A. Cisneros xs /erefj cert ea'ax az Traffic Signal Field Technician Level II D12 6/,'/'ol8 Valid Thru 6/5/2021 Dobg+as M. Aiken - Executive or: ector • Traffic Signal Renewal Program Jose A. Cisneros Is Hereby Certified as a Traffic Signal Field Technician Level I! By completing all requirements and examination. Cert # Date Goad Thro 8E 85467 6/5/2018 6/5/2021 269 of 472 Z2.t7 to OLZ t�����4��'4pttYlt"t�1+1��1`+����1�1�7tlti�t�Ij�1��`�,�1*tt"�ttf tt��1++1�*.�����tt�7t1�.�.1��`���.t/tt1tR f7.t.�.*.�,r��� : 1! mi r: tur t+�+j+ems' ! ��I��IIal�+i s . ,•, _ !��ai��t��I�IjIi� :�`a �I�I�%I �I�Ij4s_�a: �:��ii�j`j lijeei �:�-�-1�ta`�I�1....- aT��i�Y y ��.__.rtt��t��,.=,zsrti�iiiis=:ss�I�ti.-Y�.rsitiiilii�:a=•r�siitiiis�s:��.iji...jir;=sYs.. �..�� I�f, .�.i.a. , , a♦ f/ ..�� `a#iF'•tll�i''"a�i/ n l � •�.�x14``�� �1i ���,,,1 �lE1fY��`. ;� ,��i,,.;`�� � � ��' �, ati:.. t� �%•'., t4``-� �° �� � 1 �1 F' �/II���," �����r�l �l.: .j it 1 141 �. " ... . -=ate F . �.J Ryan D. Rector is hereby certified as a Traffic Signal Field Technician Level !I by completing all requirements and examiniation for certification on 10/2/2018 Valid thru 10/2/2021 Certification #BE 111980 Donald A. Fullerton - Interim Executive Director r ,, 4.,. 'ti. /Il�'�f lV �� = !r p�; , r r , i�, S S . ,$3,#�fi,ir=' ♦ I jrfrYitif��i s': i'a': ` �i;YiYit , + �i rLIY% -+ �'v . - �3zzitr , I r .. r PI ♦'i. r r r ii g 4w lt,..-� �� ;t� �j►t'!i �i�i ►x,�; , , ,;3,-- - tit, , , ,�i�f���, , , ��, ii ii, is=i�, , , ,isx� 13 f 4\� / . i 110I tits �y_..-�.it�ii,--- ii►i�i;�_I#tillig ttit�,; �iii Ville ":- �1_..,. 9 a �J`! �>•. ��`iN'�i+II/II,III���'P.7"ar•+,�♦II� `i'F��,�.1�I7 11 �r,..1r111 � �'a�iill��` �i=♦rfi171'�I t1�`i �=;.i1��� rr�it, ��•\��� s! . ,i111s 1Ni\ : AA A A • a mail/./ala 11 AAA♦ tei .Ia1ai LAA itti�a1: )Ialsla/AIi►I t 1I�,�I��a/ara/ala/��jI�I�I�I� A Atia/a.Iaiala%��I�Ij�j��I�Ij�al�lat�lal�����:0 I��a+t IIa1aa��Iih � � �ro,KA%tt ' 4 Billy L. Nathan Zs /erect' cert,k,a'ar a Traffic Signal Field Technician Level II an d/z2/2o18 Valid Thru 7/20/2021 Tragic Signal Renewal Program Billy L. Nathan Is Hereby Certified as a Traffic Signal Field Technician Level II By completing all requirements and examination. Cart # pate Good rhrrd BE 92948 6/22/2018 7/20/2021 271 of 472 ZLi 10 ZLZ "..ti i.:•:;y-� •...+!. _ _� w .ate';: -„, Traffic Signal Renewal Program Carlos A. Martinez Frereby cert t a a.s' a Traffic Signal Field Technician Level 11 a�z f/4/2cJ8 Valid Thru 6/4/2021 Traffic Iona! Renewal Prnnram Douglas M. Aiken - Executive Oireelor ..�.......vr ....;s:..".:: ........._........._... :•:?x..'K:4.'...:^5'.L:',....,-,_::n'r.:-.s.:::L:oe�a:e .r.u..wviw:.....e....:.•.q. • Traffic Signal Renewal Program Luis Alfonso Nunez zs lzere/y cert edas a Traffic Signal Field Technician Level II 021s/_22/0167 Valid Thru 6/22/2021 yi.• �f:i:l.�=.�1'`. ti'/ ice`' , • Traffic Signal Renewal Program Luis Alfonso Nunez Is Hereby Certified as a Traffic Signal Reid Technician Level II By completing all requirements and examination. Cert » Date Good Thru BE 111976 6/22/2018 6/22/2021 Kayfee e 53 -ee 273 of 472 ZLb to t7L2 111/ytlty �lyi; . .t... 1♦.) �' '.4,;_.:�" .0 • m .�.�MArt.ilty ...p.pt-ttyt0 ..... il ��s �} 1 `�1 .. ��_� ' - 0t��y �'j1��._---.._!.�i,1 T ,�.�..atit0+4 y4�����.t..tt4Oi�4\�=, i�i���;�yiJ��il� `���,:-.1. ItI32t_. '••-.�' lift atts T 1 fZT:„:,iris !j'�Ilin s s ,1 I r 1 I 1 I 1 }✓ 1 1 I r,,.,..•-� I I �-- J �- --- A. _._.�. _ = xa ..,._. t��:r�--..?—!'0'4-;L:.._ - .�-xrssii,%I.4,4&,t_:. , ,=, �tii +Iit�tr:�x�Y.r , • I) _. �-..,. ?sue tea.. . a. • a r r { r 1 1 1 1`�.' �� f..:..r a 'Iv Atk w1k w, 1 � - _ zit Ryan T. Clark is hereby certified as a Traffic Signal Field Technician Level ll by completing all requirements and examination for certification on 3/18/2020 Valid thru 3/18/2023 Certification #BE 127172 Yo � .. Toby Ctifinmings, CAE - Executive director y t'j=. ,„ -,7lijtA`_"i_r +�1irtfiY.. .ii11 �ill�_�Y� at '�`s�a� "'�bwti':.- �� z:.+'� .3�as-a- `�•'-:-a +x.� =s^.- :,.:x-a- :�.-:-.- >- - _ ./i- A�/�.--\:,*4 .4�: {�. '�1 � .3. {�a r,=t .wG:'- r��34rY� �i14t rZ�I. �+1.=t-�+a-=i i -�`�V= � ���i`e�_---:ti:�— -.-�.i:i_�-�y*-. .�: i^� -. :.•+y �' - - - �1��1__, tliji}t. ,ifi{ =��1' !1�1fls C 11 i;� .... s21t} 1 1 1 It,,, = 'Z'�s, III !�!Zst' ,�.Y��XsrjZ 1 1 ! }�I�Ft�� !Z} 1 1 1 ;fiia r: � .4° .? Ti. '.� �.ttttt tt _.�----_ _2:II3:�iliiW—'itii�; . ''' .._ 1, � �t i 1♦�+►�• `+�'rftt111tt* �'a-s+ter♦tttt�i�;►:�r�r�t.,+lt+t�.t►..-.��rNtttt•=i.yt� t0 �7•`:iit^r.�r-.-i� ,r 4{T? ��� i �� aTYi1 ��I ti f>l«j�jjt �4�af►o�f►eliat A�j�/,A'1,A i *:1�01A/ll�j}L�at..tal.�.l.�. f jl l Lw ae6:bat: A�I�A*A�Dlai�.Aata�a�i���j111A+A�.�' OR 1-'�ai,�j�j�j�jl/A+jA�.*afti� f/al,��jO Att llibe{�h ‘V CONTRACTOR'S LISTING OF SUBCONTRACTORS The CONTRACTOR is required to furnish the following information relative to the subcontractors he proposes to use. If all work is to be done without subcontractors, write "NONE" in the following space: NAME UNDER WHICH SUB- CONTRACTOR IS LICENSED LICENSE NUMBER AND CLASS ADDRESS AND TELEPHONE TYPE AND PORTION OF WORK SUBCONTRACTOR WILL PERFORM SrG TRAFFIC, ,NC. NoNt 5 c665 AVEN IAA DW Sv17E /y2 8 c1}RLJ3in4?, c.4- 9`45' 76'b-602.-'290 TrwriP/C 6"k6►NVEAlN< Cavic6S 275 of 472 APPENDIX C CONTRACTOR'S STATEMENT OF EXPERIENCE AND REFERENCES The CONTRACTOR is required to state similar work to that described in this RFP that he/she has successfully performed and give references, which will enable the City to judge his/her responsibility, experience, skill and business standing. The CONTRACTOR is required to provide a minimum of three (3) references where work was performed within the past three (3) years. An attachment can be used. Date Contract Completed Name and Address of the Employer Contact Persons Name and Telephone Number Type of Work Amount of Contract since. 7.otl . new C.-1-y aF Sr n Marc -OS Zoi MCaT4 Way, S i rnaras� Dylan d eZi'e 160.., s'9+f-'r?ag -irck.Gc,c. S>3 a( t ,},,eel- i,yhis ii 315 oao , 5;446 t000 to now Gi+ o-F mfePica teach t[9S 10t's4.,7-6194.ui 15eAcA4 Lary L,0cn;oS G+4-2.11-2353 Tri :c S.5.t4 rSv,voo Smear toi8G to novo C:4r of eae3444$ 5cs 6., Ut,(u..rr eve. E,44./; #1s5 Te,'e l Herr- -Yfao-� lu6-�7�1 T►o- S,euI �6' ,soo since, zoo9 fio now C i l-i( oP i)e l 0",(4-r 7 tic. J>,►,.,y f}vea•e , Admo.r Pe f-ef Ki Gfcr i(00-- s.5'5-- 3875- INuFF $,',4.t, /5 ooa 'not..- 1-Dif to now criy of El te.3nn 1.eo CA G caM 442K , Lt Gjon Mara Salloa4..2.- v+°t 8$i-/a2o Trca'FPC S1inA/ / 190,00a S'wGG 1.014 to flak..., e'+`f 0f LA 14e5th, clip /tit $.' aVG. 1," Mi<fk 1.GIn Fink+ �t4.3S$� t1RAZ Trnn%P:c Si9/H�1 $' 190f000 514co zoo TO now t i 41 o L.44,14.t epe•Ve, 3131 alcti++l 141 t.c4 4n►06 V hit A v Netrc t Ar 40/•10.f -3el0 rAffi c S) /j40. 1 1i ,A' $1,,, vaa gi.tee 20.01 *o l%o&U crilte of SI tlite.t to .jhp.e,rt11iet. We. covA 'et S4. F r grin (C(a41.S72 -1/ Z� -rrotk. 5;)a« {-t f� IQ.t7oa S i ACe. 19c D to now Ca4.1 P.C. tic 4;4"-nal C 4)/ i2(13 Mu,,410,-,cl. c,4/ g1Md, Na-'06(1'4 ay DoAa4 t ialtrwiNd bia-g�4o-24113 iTo474 $0.041 t s-ls e.. 1;a544s 0 2So,,,a.c. 18 City of National City Traffic Signal and Streetlight Maintenance & Repair Services 276 of 472 APPENDIX D PRICING SCHEDULE* The matrix below describes items upon which the City requests a bid. The actual payments made to the CONTRACTOR will be based on actual work performed for the City consistent with the terms and conditions of the contract documents. The undersigned declares he/she has carefully examined the locations of the work, read the Request for Bid, examined all specifications, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work in this Traffic Signal Maintenance & Repair Services RFP, in accordance with the specifications of the City of National City, and the General Provisions and that he/she will take in full payment therefore the following unit prices for each item complete, to wit: Bid Schedule "A" Annual Routine Maintenance/Repairs — Page 1 of 2 Item No. Description Estimated Monthly Quantity* (A) Unit Price B () Monthly Cost (C=AxB) Annual Cost (D = C x 12) A-1 Perform Routine Monthly Traffic Signal Preventative Maintenance 78 signals $ 6 7. 5 D $ S 2�o.5. 0d $ G 3 / $a ca Each i / A 2. Provide and Install LED Signal Light (Burnout) 10 each $cc)$ S O p p 0. aG $ (0 ?m D. ov Each A-3. Provide and install LED Pedestrian Module 2 each $ / r O. 30 $ 3'O• co$ I' S 60. O� Each / A-4. Perform Function/Detection/Cycling Test 3 each $ 55. c-, l $ �S . C6 $ / °, 00 D/ Each A-5. Provide and Replace UPS Batteries (Per Signal) 5 each $ I . U Q $ 5 . C'a $ l Q, Oo Each A-6. Streetlight Fixture Repair/ Replacement 10 each $7S. 4) $ 7 SO. Op $ I Do0-00 Each / 19 City of National City Traffic Signal and Streetlight Maintenance & Repair Services 277 of 472 Bid Schedule "A" Annual Routine Maintenance/Repairs — Page 2 of 2 Item No. Description Estimated Monthly Quantity* (A) Unit Price (B) Monthly Cost (C = A x B) Annual Cost (D = C x 12) A 7 Pedestrian Push Button Replacement$ 2 each $ 2. $ % Y (. Oo /� 7 n. Op Each A-8. Loop Set Testing 2 each q $ / s. $ 190, 00 $ 2, 2 kO• of Each A-9. Loop Replacement 4 each $ 2• 25.00 $ 1 o .00 $ / ) tc Y. et.) Each A-10. Video Detection Camera Service 1 each $ 9 S• $ 95• ao $ 1/ i/o. 0o Each , A-11. Cabinet Filter Replacement (Semi Annual) 13 each $ S. OC) $ / SS. $ 2 390. CO Each A-12. Head Cleaning and Mast Arm Inspection 7 each / ce $ / 2 S $ g 75. co I. $ l G 50o. co (Annual) Each j A-13. Conflict Monitor Testing (Annual) 7 each $ G S• oa $ 1S.40.o $ c 6/66. ct 1 Each Total Annual Cost for Bid Schedule "A" $ ) 23/ 22kr't Estimate based on historical experience and is for bid comparison purposes only. The actual payments made to the CONTRACTOR will be based on the CONTRACTOR's actual work performed for the City consistent with the terms and conditions of the contract documents, and may be different from the prices estimated above. In the event of errors in calculation, the correctly extended bid item total will govern. 20 City of National City Traffic Signal and Streetlight Maintenance & Repair Services 278 of 472 Bid Schedule "B" Annual Regular Hours Repairs — Page 1 of 1 Item No. Description Estimated Monthly Quantity* (A) Unit Price (B) Monthly Cost (C = A x B) Annual Cost (D = C x 12) B 1. IMSA Level III Certified Technician 20 hours $ 17 So $ 1 �s 0. co $ �3 % , Cc) (Per Hour) / / B IMSA Level II Certified Technician 60 hours $ / 7. so$ S g so.Lb $ 70 2. co (Per Hour) B-3. General Laborer 20 hours $ 72. So $ // y50 , c>, $ % 7, lio), co (Per Hour) B-4. Bucket Truck 50 hours $ RI $ coo. OG $ 6, 000. co (Per Hour) B-5. Service Truck 30 hours $ /0 cd $ 3C;t9. Co $ 3/ay.'' (Per Hour) B-6. Compressor 8 hours $ S �� $ yO. 0 $ y@a , ca (Per Hour) Total Annual Cost for Bid Schedule "B" $ / 2/ DgG.6 Estimate based on historical exnerienrc anti is fnr kid Pmmnnrienn n ...I.. FL... .._a.._1 made to the CONTRACTOR will be based on the CONTRACTOR's actual work performed for the City consistent with the terms and conditions of the contract documents, and may be different from the prices estimated above. In the event of errors in calculation, the correctly extended bid item total will govern. 21 City of National City Traffic Signal and Streetlight Maintenance & Repair Services 279 of 472 Bid Schedule "C" Annual After Regular Hours Repairs — Page 1 of 1 Item No. Description Estimated Monthly Quantity* (A) Unit Price (B) Monthly Cost (C = A x B) Annual Cost (D = C x 12) C-1. IMSA Level III Certified Technician 5 hours // $ / i0 5. db G $ 4 Z5. � $ g 500. L, (Per Hour) l C-2. IMSA Level II Certified Technician 10 hours $ 16 S. Co $ /,‘ Z . co $ ! S'OO�, co (Per Hour) C-3. General Laborer 5 hours $ 10 S. 00 $ 2Ss Pd $ C1 300.00 (Per Hour) C-4. Bucket Truck 15 hours $ ra, ao $ /50. co $ / ect,. co (Per Hour) C-5. Service Truck 5 hours $ 1 O. Co $ 50. $ CO. CD (Per Hour) C-6. Compressor 2 hours $ C - da $ /G. DO $ /;c. Co (Per Hour) Total Annual Cost for Bid Schedule " C $ 3g 520• Estimate based on historical exnarianrci and is fnr hire ,nrr,r,,..; ......................-1.. rt..- __..._. ________ _ made to the CONTRACTOR will be based on the CONTRACTOR's actual work performed for the City consistent with the terms and conditions of the contract documents, and may be different from the prices estimated above. In the event of errors in calculation, the correctly extended bid item total will govern. City of National City Traffic Signal and Streetlight Maintenance & Repair Services 280 of 472 CONTRACTOR'S PROPOSED TOTAL COST OF SERVICE Bid Schedule Annual Cost Total Annual Cost for Bid Schedule "A" $ 123/ 2Z$ od Total Annual Cost for Bid Schedule "B" $ 1 Z� °2t . a0 Total Annual Cost for Bid Schedule "C" $ i, 520 • ac, Total Amount of CONTRACTOR'S Bid (Sum of Bid Schedules A, B, & C) per agreement year $ 2g 2, ' 2 ' o0 In the event of a discrepancy between the individual bid item costs and the extended bid totals, the properly extended bid item costs will govern. Price(s) given above are firm for 90 days after date of bid opening. The Undersigned has checked carefully all of the above figures and understands that the City will not be responsible for any error or omission on the part of the Undersigned in preparing this bid. The Undersigned agrees that in case of default in executing the required City Contract with the necessary insurance policies within fifteen (15) calendar days from the date of award of agreement by the City, the City may at its option and without providing further notice to the apparent Best Value CONTRACTOR administratively authorize the award of the contract to the Best Value CONTRACTORs in descending rank. CLi 1-J BAN 7 Print Name ?RiS/bEfi 7 G' "1 Title `.>Sfg1tu re ?; City of National City Traffic Signal and Streetlight Maintenance & Repair Services 281 of 472 APPENDIX E CONTRACTOR'S LISTING OF SUBCONTRACTORS The CONTRACTOR is required to furnish the following information relative to the subcontractors he/she proposes to use. if all work is to be done without subcontractors, write "NONE" in the following space: NAME UNDER WHICH SUB- CONTRACTOR IS LICENSED LICENSE NUMBER AND CLASS ADDRESS AND TELEPHONE TYPE AND PORTION OF WORK SUBCONTRACTOR WILL PERFORM ST C "1'r'wrrscr e. , r NC N OP E" 51' („5 Ave.+kfeatill s v; f o f L- a co. -tug -loa2.-112A7) Tru ..0 Eegreu:,49 Seriv%ce 24 City of National City Traffic Signal Maintenance & Repair Services 282 of 472 APPENDIX F EXCEPTIONS TO THIS REQUESTS FOR BIDS The Contractor shall certify that it takes no exceptions to this RFP and the requirements stated within. C f CONTRACTOR's Acknowledgement (signature) 25 City of National City Traffic Signal Maintenance & Repair Services 283 of 472 APPENDIX G ADDENDA TO THIS REQUEST FOR BIDS The Contractor shall confirm in its statement the receipt of all addenda issued for this RFP. ,gt.DF),)IuM No. / JNG/.UDF/). AJP f}D1)171,ft/ Anpu. PSIE/vl� 7-CONTRACTOR's Acknowledgement (signature) 26 City of National City Traffic Signal Maintenance & Repair Services 284 of 472 May 12, 2021 CALIFORNIA —e- NATIONAL arr �SEQ t rNCOg,pORATED ADDENDUM NO. 1 RFP — Traffic Signal and Streetlight Maintenance & Repair Services The plans and specifications prepared by the Engineering and Public Works Department for the City of National city entitled, "RFP —Traffic Signal and Streetlight Maintenance & Repair Services", are hereby amended as follows: 1. ADD Exhibit 1: Bid Bond Form. 2. ADD Exhibit 2: Performance Bond Form. 3. ADD Exhibit 3: Payment Bond Form. 4. ADD Exhibit 4: City of National City Insurance Requirements for Contracts. THIS ADDENDUM NO. 1 MUST BE ACKNOWLEDGED BY SIGNING IN THE SPACE PROVIDED BELOW AND SUBMITTING WITH YOUR BID. BY ORDER OF THE CITY ENGINEER OF THE CITY OF NATIONAL CITY. May 12, 2021 ofr Date Roberto Yano Director of Public Works/City Engineer RECEIPT ACKNOWLEDGE BY: Signature G c4-Qr, RYA,' r Print name S77TH LLsr 'T 4, is S !Gott S' V/c-1 ANC Company DATE: ZO M/t 2-/ Facilities Maintenance Support Services, RFP 2021, Addendum No. 1 285 of 472 KNOW ALL MEN BY THESE PRESENTS That we Principal, and as surety, are held and firmly bound unto CITY OF NATIONAL CITY hereinafter called the "Owner" in the penal sum of TEN PERCENT (10%) OF THE TOTAL AMOUNT OF THE BID or the principal above named, submitted by said Principal to the County for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. EXHIBIT 1(1 of 2) TRAFFIC SIGNAL AND STREETLIGHT MAINTENANCE & REPAIR SERVICES BID DOCUMENT BID SECURITY FORM FOR BOND �}��I� u ) 5 IS '�'ow '` gT P4/WZ hiL as In no case shall the liability of the surety hereunder exceed t m of $ THE CONDITION OF THIS OBLIGATION IS SUCH, That whereas the Principal has submitted abov mentio . bid to the Owner for certain construction specifically described as folio foiich bids are to be opened on the day of , 20 for TRAFFIC SIGNAL AND STREETLIGHT MAINTENANC NOW, THEREFORE, IF the afor specified therein after the op days after said opening, and sh specified, within ten (1 enter into a written as accepted, and file the other to guarantee p shall be null and void; othe ICES all not withdraw said bid within the period or, if no period be specified, with sixty (60) eriod specified therefore, or, if no period be prescribed forms are presented to him for signature, er in the prescribed form, in accordance with the bid ith the Owner, one to guarantee faithful performance and labor and materials, as required by law, then this obligation tshall be and remain in full force and virtue. In the event suit is brought upon this bond by the Owner and judgment is recovered, the surety shall pay all costs incurred by the Owner in such suit, including a reasonable attorney's fee to be fixed by the Court. The Surety and Principal agree that any copy of this bond shall have the same force and effect as the original. IN WITNESS WHEREOF, we have hereunto set our hands and seals on this day of , 20 (SEAL) (SEAL) (SEAL) (SEAL) Bid Security Form for Bond Page 1 of 1 286 of 472 1...,11.0.711 1 kit. L! TRAFFIC SIGNAL AND STREETLIGHT MAINTENANCE & REPAIR SERVICES Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF On , 2O, before me, appeared Date Name(a) of Slgner(s) evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf + hich the person(s) acted, executed the instrument. , Notary Public, personally Name And Title Or Officer (e.g. `Jane Doe, Notary Pttblfc") , who proved to me on the basis of satisfactory I certify under PENALTY OF PERJURY under the laws of the St is true and correct. Placa Notary Seal Above Though the information below is not r and could prevent fraud CAPACITY CLAIMED BY SIGN ❑ Individual ❑ Corporate Officer ❑ Partner(s) Title(s) ❑ Lim ❑ Gener ❑ Attomey-In-Fact 0 Trustee(s) 0 Guardian/Conservator ❑ Other: Signer is representing; Name Of Person(s) Or Entity(ies) ifornia that the foregoing paragraph WITN my and and lel seal. OP bli c prove valuable to persons relying on the document hment of this form to another document. DESCRIPTION OF ATTACHED DOCUMENT Title or Type of Document Number of Pages Date of Document Signer(s) Other Than Named Above Note: Signature of person executing for Surety must be notarized and evidence of corporate authority attached. 287 of 472 THE AMERICAN INSTITUTE OF ARCHITECTS A/A Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, THAT WE Southwest Traffic Signal Service, Inc. PO Box 1297, El Cajon. CA 92022 as Principal, hereinafter called the Principal, and Washington International Insurance Company 1200 Main Street. Suite 800. Kansas City, MO 64105 a corporation duly organized under the laws of the State of NH as Surety, hereinafter called the Surety, are held and firmly bound unto City of National City 1243 National City Boulevard, National City. CA 91950 as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of Amount Bid Dollars ($ 10% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for TRAFFIC SIGNAL and STREETLIGHT MAINTENANCE & REPAIR SERVICES NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and materials furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 18th (Witness) day of May Sarah Myers % (witness) Southwest Traffic Signal Service, Inc By: (,principal) l,4tY, �rAA) T Washington International Insurance Company (Surety) By: 2021 (Seal) (Title) (Seal) Attomey-in-FQ!!wrence McMahon (Tine) ALA DOCUMENT A310 • BID BOND • ALA • FEBRI ARY 1970 ED. • THE AMERICAN INsTI'ru'rE OF ARCIIITEC"1'S, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 288 of 472 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Civil Code § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. STATE OF CALIFORNIA County of San Diego On MAY 18 2021 Da", } before me, Rachel A. Mullen Notary exactly as it appears on the oft c ai seal personally appeared Lawrence F. McMahon , Notary Public, Name(s) of Signen,st RACHEL A. MULLEN COMM # 2350762 j NOTARY PUBLIC-CALIFORNIA ° SAN DIEGO COUNTY Commission Expires MARCH 10,2025 _ Puce Notary Seat Above who proved to me on the basis of satisfactory evidence to be the person(!/) whose name(/$» is/X/4 subscribed to the within instrument and acknowledged to me that hell /jjIJffJi executed the same in his/fillfgAlt authorized capacity(ila, and that by hisejf/f/j signatureW44 on the instrument the person(jf fj, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Signature OPTIONAL Signature of Notary Public Rachel A. Mull n Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Number of Pages: ❑ Individual ❑ Corporate Officer - — Title(s): ❑ Partner ❑ Limited L i General g Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Surety Company RIGHT THUMBPRINT OF SIGNER Too of thumb here Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s): ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here 289 of 472 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the Mayor to execute a two-year Agreement with San Diego Mechanical & Energy, Inc. for a not -to -exceed amount of $1,400,000 to provide on -call and as -needed Facilities Maintenance Support Services including, but not limited to, designs, installs and service of commercial and industrial HVAC systems and equipment, pump stations, and related equipment and services citywide. (Engineering/Public Works) Please scroll down to view the backup material. 290 of 472 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 15, 2021 AGENDA ITEM NO.: ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute a two-year Agreement with San Diego Mechanical & Energy, Inc. for a not -to -exceed amount of $1,400,000 to provide on -call and as -needed Facilities Maintenance Support Services including, but not limited to, designs, installs and service of commercial and industrial HVAC systems and equipment, pump stations, and related equipment and services citywide. PREPARED BY: Tirza Gonzales, Management Analyst II PHONE: 619-336-4318 EXPLANATION: See staff report. PARTMENT: Engi J- i .: ' ublic Works APPROVED BY: FINANCIAL STATEMENT: APPROVED: FINANCE ACCOUNT NO. APPROVED: MIS Funding is dependent on existing and future appropriations as part of annual budget. ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION STAFF RECOMMENDATION: Adopt Resolution executing an Agreement with San Diego Mechanical & Energy, Inc. for a not -to - exceed amount of $1,400,000 to provide Facilities Maintenance Support Services. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Explanation 2. Agreement 3. Resolution 291 of 47d Explanation: The Facilities Divisionof the Engineering and Public Works Department currently maintains 27 facilities which include City Hall and MLK, the municipal pool, recreation centers, park restrooms, fire stations, a police station and warehouse, the ARTS Center, Nutrition Center, Senior Center, the library, several historic buildings, as well as two sewer pump stations and two stormwater pump stations. Based on the need for coordinated and scheduled preventative maintenance, the unpredictability of repairs and services, and the availability and demand for qualified and certified persons, the Engineering and Public Works Department issued a Request for Proposal (RFP) for on - call and as -needed Facilities Maintenance Support Services. On April 15, 2021, the Engineering and Public Works Department issued an RFP for Facilities Maintenance Support Services including, but not limited to, designs, installs and service of commercial and industrial HVAC systems and equipment, pump stations, and related equipment and services, on PlanetBids, a free public electronic bidding system. The deadline to submit responsive proposals was May 13, 2021. The City held a pre -submittal meeting and site visit to provide an opportunity for contractors to ask questions and see the equipment and systems under consideration of the RFP on April 22, 2021. Three submitted proposals for Facilities Maintenance Support Services were received by the 5:00 p.m. submittal deadline. On May 25, 2021, a panel of Engineering and Public Works Department staff reviewed and scored the submittals based on the evaluation criteria detailed in the RFP. Based on the strength of their proposal, scored evaluations, and negotiations, staff recommends executing a two-year Agreement (with the option for three, one-year extensions) with San Diego Mechanical & Energy, Inc., for a not -to -exceed amount of $1,400,000 to provide on -call Facilities Maintenance Support Services per the scope of work and costs identified in Exhibit "A" to the Agreement. All services performed by contractor must meet prevailing wage requirements as mandated by the Department of Industrial Relations and will be provided to the City on an as -needed basis and as - directed by the Director of Public Works/City Engineer. Facilities Maintenance Support Services will be provided with available funding based on existing and future appropriations as part of the annual budget. Currently, FY22 approved budget appropriations for this effort are $240,000. 292 of 472 AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND SAN DIEGO MECHANICAL & ENERGY, INC. THIS AGREEMENT is entered into on this 15t1i day of June, 2021, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and SAN DIEGO MECHANICAL & ENERGEY, INC., a California corporation (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide facilities maintenance support services for National City's Maintenance Program; WHEREAS, on April 15, 2021, the Engineering & Public Works Department advertised a Request for Proposal (RFP) for facilities maintenance support services for National City's Facilities Maintenace Program; WHEREAS, on May 12, 2021, the CONSULTANT submitted a proposal in response to the RFP, consistent with the requirements of the RFP; WHEREAS, the CITY has determined that the CONSULTANT is a heating, ventilation, and air conditioning (HVAC) maintenance and repair company and is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CITY agrees to engage the CONSULTANT to provide facilities maintenance support services and the CONSULTANT agrees to perform the services set forth here in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services shall be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement will become effective on July 1, 2021. The duration of this Agreement is for the period of July 1, 2021 through June 30, 2023. This Agreement may be extended by mutual agreement upon the same terms and conditions for an additional one (1) year term. The Parties may exercise up to three one- year extensions. Any extension of this Agreement must be approved in writing by the City Council. 3. SCOPE OF SERVICES. The CONSULTANT will perform services as set forth in the attached Exhibit "A", including, but not limited to, designs, installs and services all types of commercial and industrial HVAC systems and equipment, pump stations, and related equipment and services. 293 of 472 The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONSULTANT shall appear at meetings specified in Exhibit "A" to keep staff and City Council advised of the progress on the project. The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services. 4. PROJECT COORDINATION AND SUPERVISION. Director of Public Works / City Engineer hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Mike Hubbard, Senior Account Manager, thereby is designated as the Project Director for the CONSULTANT. 5. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A" shall not exceed $1,400,000.00. The compensation for the CONSULTANT'S work shall not exceed the rates set forth in Exhibit "A". Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A", as determined by the CITY. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred, and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY, and for furnishing of copies to the CITY, if requested. 6. ACCEPTABILITY OF WORK. The CITY shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement, and the amount of compensation due. In the event the CONSULTANT and the CITY cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT in this Agreement, the CITY or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the CITY shall each prepare a report which supports their position and file the same with the other party. The CITY shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT. 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications, and other documents prepared by the CONSULTANT for this project, whether paper or electronic, shall: (1) be free from defects; (2) become the property of the CITY for use with respect to this project; and (3) shall be turned over to the CITY upon completion of the project, or any phase thereof, as contemplated by this Agreement. Standard Agreement Page 2 of 12 City of National City and Revised January 2021 San Diego Mechanial & Energy, Inc. 294 of 472 Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CITY, and CONSULTANT thereby expressly waives and disclaims any copyright in, and the right to reproduce, all written material, drawings, plans, specifications, or other work prepared under this Agreement, except upon the CITY'S prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium, or method utilize the CONSULTANT'S written work product for the CITY'S purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings, or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14, but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of Services of this project, unless otherwise mutually agreed. 8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT'S employees are employees of the CITY, and are not entitled to any of the rights, benefits, or privileges of the CITY'S employees, including but not limited to retirement, medical, unemploy- ment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT'S employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement, nor any interest herein, may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or SUBCONSULTANTS, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its SUBCONSULTANT(S) shall require the SUBCONSULTANT(S) to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CITY, nor its officers, agents, or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT'S employees, except as set forth in this Agreement. The CONSULTANT, or the CONSULTANT'S agents, servants, or employees are not in any manner agents, servants, or employees of the CITY. The CONSULTANT and its agents, servants, and employees are wholly independent from the CITY and CONSULTANT'S obligations to the CITY are solely prescribed by this Agreement. 10, COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable state and federal statutes and regulations, and all applicable ordinances, rules, and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT and each of its Standard Agreement Page 3of12 City of National City and Revised January 2021 San Diego Mechanial & Energy, Inc. 295 of 472 SUBCONSULTANT(S), shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. CONSULTANT must promptly produce a copy of any such license, permit, or approval to CITY upon request. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 12. STANDARD OF CARE. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT'S trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT'S employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this Agreement, the CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONSULTANT'S professional performance or the furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -section will render the CONSULTANT liable to the CITY for any increased costs that result from the CITY'S later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. Standard Agreement Page 4 of 12 City of National City and Revised January 2021 San Diego Mechanial & Energy, Inc. 296 of 472 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 14, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONSULTANT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 15. 15. INDEMNIFICATION AND HOLD HARMLESS. To the maximum extent provided by law, The CONSULTANT agrees to defend, indemnify and hold harmless the City of National City, its officers, officials, agents, employees, and volunteers against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT'S performance or other obligations under this Agreement; provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the CITY, its agents, officers, employees or volunteers. CITY will cooperate reasonably in the defense of any action, and CONSULTANT shall employ competent counsel, reasonably acceptable to the City Attorney. The indemnity, defense, and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement. 16. EMPLOYEE PAYMENTS AND INDEMNIFICATION. 16.1 PERS Eligibility Indemnification. If CONTRACTOR's employee(s) providing services under this Agreement claims, or is determined by a court of competent jurisdiction or the California Public Employees Retirement System ("PERS") to be eligible for enrollment in PERS of the CITY, CONTRACTOR shall indemnify, defend, and hold harmless CITY for the payment of any employer and employee contributions for PERS benefits on behalf of the employee as well as for payment of any penalties and interest on such contributions which would otherwise be the responsibility of the CITY. Standard Agreement Page 5 of 12 City of National City and Revised January 2021 San Diego Mecha ial & Energy, Inc, 297 of 472 CONTRACTOR'S employees providing service under this Agreement shall not: (1) qualify for any compensation and benefit under PERS; (2) be entitled to any benefits under PERS; (3) enroll in PERS as an employee of CITY; (4) receive any employer contributions paid by CITY for PERS benefits; or (5) be entitled to any other PERS-related benefit that would accrue to a CITY employee. CONTRACTOR's employees hereby waive any claims to benefits or compensation described in this Section 16. This Section 16 applies to CONTRACTOR notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary. 16.2 Limitation of CITY Liability. The payment made to CONTRACTOR under this Agreement shall be the full and complete compensation to which CONTRACTOR and CONTRACTOR's officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither CONTRACTOR nor CONTRACTOR's officers, employees, agents, and subcontractors are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to CITY employees. The CITY will not make any federal or state tax withholdings on behalf of CONTRACTOR. The CITY shall not be required to pay any workers' compensation insurance on behalf of CONTRACTOR. 16.3 Indemnification for Employee Payments. CONTRACTOR agrees to defend and indemnify the CITY for any obligation, claim, suit, or demand for tax, retirement contribution including any contribution to PERS, social security, salary or wages, overtime payment, or workers' compensation payment which the CITY may be required to make on behalf of (1) CONTRACTOR, (2) any employee of CONTRACTOR, or (3) any employee of CONTRACTOR construed to be an employee of the CITY, for work performed under this Agreement. This is a continuing obligation that survives the termination of this Agreement. 17. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Labor Code and all amendments thereto; and all similar State or federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, employees, and volunteers from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 18. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its SUBCONSULTANT(S), when applicable, to purchase and maintain throughout the term of this Agreement, the following insurance policies: A. ❑ If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile Insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. Standard Agreement Page 6 of 12 City of National City and Revised Januaiy 2021 San Diego Mechanial & Energy, Inc, 298 of 472 C. Commercial General Liability Insurance, with minimum limits of either $2,000,000 per occurrence and $4,000,000 aggregate, or $1,000,000 per occurrence and $2,000,000 aggregate with a $2,000,000 umbrella policy, covering all bodily injury and property damage arising out of its operations, work, or performance under this Agreement. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "project" or "location". The "project" or "location" should be noted with specificity on an endorsement that shall be incorporated into the policy. D. Workers' Compensation Insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the CITY. Said endorsement shall be provided prior to commencement of work under this Agreement. If CONSULTANT has no employees subject to the California Workers' Compensation and Labor laws, CONSULTANT shall execute a Declaration to that effect. Said Declaration shall be provided to CONSULTANT by CITY. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, officials, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY's Risk Manager, at the address listed in subsection G below, of cancellation or material change. F. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. G. The Certificate Holder for all policies of insurance required by this Section shall be: City of National City c/o Risk Manager 1243 National City Boulevard National City, CA 91950-4397 H. Insurance shall be written with only insurers authorized to conduct business in California that hold a current policy holder's alphabetic and financial size category rating of not less than A:VII according to the current Best's Key Rating Guide, or a company of equal financial stability that is approved by the CITY'S Risk Manager. In the event coverage is provided by non - admitted "surplus lines" carriers, they must be included on the most recent List of Approved Surplus Line Insurers ("LASLI") and otherwise meet rating requirements, I. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY'S Risk Manager. If the CONSULTANT does not keep all insurance policies required by this Section 18 in full force and effect at all times during the term of this Agreement, the CITY may treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. J. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. CITY reserves the right to modify the insurance Standard Agreement Page 7 of 12 City of National City and Revised January 2021 San Diego Mechanial & Energy, Inc. 299 of 472 requirements of this Section 18, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. K. If the CONSULTANT maintains broader coverage or higher limits (or both) than the minimum limits shown above, the CITY shall be entitled to the broader coverage or higher limits (or both) maintained by the CONSULTANT. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY. 19. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 30-day's written notice to the CONSULTANT. During said 30-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONSULTANT'S breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 7. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express Standard Agreement Page 8 of 12 City of National City and Revised January 202I San Diego Mecbanial & Energy, Inc. 300 of 472 or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: Roberto Yano Director of Public Works / City Engineer Engineering & Public Works Department City of National City 1243 National City Boulevard National City, CA 91950-4397 To CONSULTANT: Mike Hubbard Senior Account Manager San Diego Mechanical & Energy, Inc. 7568 Trade Street San Diego, CA 92121 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. Standard Agreement Page 9 of 12 City of National City and Revised January 2021 San Diego Mechanial & Energy, Inc. 301 of 472 El If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Section 22 by the CONSULTANT. 23. PREVAILING WAGES. State prevailing wage rates may apply to work performed under this Agreement. State prevailing wages rates apply to all public works contracts as set forth in California Labor Code, including but not limited to, Sections 1720, 1720.2, 1720.3, 1720.4, and 1771. Consultant is solely responsible to determine if State prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations. 24. ADMINISTRATIVE PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state, or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. To the extent any exhibits, schedules, or provisions thereof conflict or are inconsistent with the terms and conditions contained in this Agreement, the terms and conditions of this Agreement shall control. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Assignment & Assumption of Rights. CONSULTANT shall not assign this Agreement, in whole or in part, to any other party without first obtaining the written consent of CITY. H. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. 1. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. The venue for any legal action arising under this Agreement shall be in either state or federal court in the County of San Diego, State of California. Standard Agreement Page 10 of 12 City of National City and Revised January 2021 San Diego Mechanial & Energy, Inc. 302 of 472 J. Audit. If this Agreement exceeds ten -thousand dollars ($10,000), the parties shall be subject to the examination and audit of the State Auditor for a period of three (3) years after final payment under the Agreement, per Government Code Section 8546.7. K. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. L. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. M. Subcontractors or Subconsultants. The CITY is engaging the services of the CONSULTANT identified in this Agreement. The CONSULTANT shall not subcontract any portion of the work, unless such subcontracting was part of the original proposal or is allowed by the CITY in writing. In the event any portion of the work under this Agreement is subcontracted, the subconsultant(s) shall be required to comply with and agree to, for the benefit of and in favor of the CITY, both the insurance provisions in Section 18 and the indemnification and hold harmless provision of Section 15 of this Agreement. N. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. /1/ /// /// Standard Agreement Page 11 of 12 City of National City and Revised January 2021 San Diego Mechanial & Energy, Inc, 303 of 472 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY SAN DIEGO MECHANICAL & ENERGY, INC. (Corporation— signatures of two corporate officers required) (Partnership or Sole proprietorship — one signature) By: Alejandra Sotelo Solis, Mayor APPROVED AS TO FORM: By: Charles E. Bell Jr. City Attorney Standard. Agreement By: (Name) (Print) (Title) By: (Name) Page 12 of 12 (Print) (Title) City of National City and Revised January 2021 San Diego Meolhanial & Energy, Inc. 304 of 472 1IPage San Diego Mechanical' Energy 7568 Trade Street San Diego, CA 92121 (858) 566-8200 Phone (858) 566-8203 Fax License # 997083 Gene aA Fac y EXHIBIT A aii ntenar ce HVAC CALIFORNIA NOIONAL - INOORPORNTED Bid Per: REQUEST FOR PROPOSAL (RFP) FACILITIES MAINTENANCE SUPPORT SERVICES FOR NATIONAL CITY'S FACILITIES MAINTENANCE PROGRAM April 15, 2021 ADDENDUM NO. 1 May 5, 2021 Attn: Roberto Yano, PE Director of Public Works / City Engineer r r /i ri a rr i r c t t E t v., e e n (u - Zr e r c r :. (. r c c C fV E[ L c r; r r c. 1 F t, E r e,. }• San Diego Mechanical Energy 7568 Trade Street San Diego, CA 92121 (858) 566-8200 Phone (858) 566-8203 Fax License # 997083 Cover Letter Contractor is proud to have the opportunity to partner with the City as their exclusive HVAC service contractor. Contractor is a small business (1D #1789SO9) that is independently owned and is operated in the greater San Diego area, as well as many surrounding areas including Orange County and Los Angeles. We are devoted to providing complete satisfaction to our customers by clearly understanding their goals and needs, then executing and delivering the high -quality solutions that meet those needs. We place an emphasis on "getting it right the first time". Our passion is in delivering energy savings to help both reduce financial operating costs and contribute to a more sustainable environment. We work very actively with utility rebates and state incentive programs to help clients find hidden sources of funding as well as tax advantages. The following are a couple of our distinguishing characteristics that put us head and shoulders above the rest of our competition. • 24-hour HVAC service • Proven quality craftsmanship • Teamwork • Integrity • A Dedicated office and field staff for the City • Competitive HVAC preventative maintenance contracts • Complete HVAC expertise for all your service needs As you will see in this packet, we will be provided detailed information on why our company is the best partner for the City for all its HVAC service and maintenance. Feel free to take a look at our website for more information. www.sdme-inc.com 306 of 472 San Diego Mechanical Energy 7568 Trade Street San Diego, CA 92121 (858) 566-8200 Phone (858) 566-8203 Fax License # 997083 EXECUTIVE SUMMARY Contractor designs, installs, and services all types of HVAC equipment including chillers, boilers, air handlers, fan wall technology, cooling towers, pumps, packaged units, variable frequency drives, and equipment utilizing TURBOCOR compressor technology. We combine extensive technical training with years of on-the-job experience to provide the finest design installation and preventative maintenance programs. Proven Quality Craftsmanship from Trained Employees The City expects quality service, and you want your work performed by the best. In fact, Contractor is wholly committed to the continuing education of our team members. We feel that by investing in our people, the City will benefit from these efforts. Having attained many OEM factory certifications, we can take care of all your HVAC needs quickly and correctly. Contractor is factory -authorized by multiple OEM's to perform start- ups and warranty work. Contractor currently has five (5) factory -authorized and certified magnetic -bearing chiller technicians, more than any other service provider in San Diego. Contractor has also been factory -authorized by ABB, Yaskawa, Danfoss, and Emerson to perform start-ups and service work on their respective variable speed drives. Our company -wide commitment to training and safety is a part of our culture that allows us to provide exceptional service and high -quality work for clients like the City. It also allows us the satisfaction of seeing our personnel going home to their loved ones at the end of every day. Contractor originated as a service company, and that fact is still evident today with the service department continuing to be one of our greatest assets. With an emphasis on customer satisfaction, the service department provides a full spectrum of commercial HVAC maintenance, Retrofits, Energy Savings, Piping projects including 24/7 emergency service. We offer preventative maintenance programs tailored to meet customers' specific needs. Contractor currently maintains a fleet of 16 vans operated by professional service crew in full uniform. What we offer you: • 16 certified EPA technicians • Fully stocked service vehicles • 24/7 live operator answering service. • 24/7 on call service • Guaranteed response time f [r. Irc trr. E t t;.• _ r r ( i= i G r. 307 of 472 San Diego Mechanical Energy 7568 Trade Street San Diego, CA 92121 (858) 566-8200 Phone (858) 566-8203 Fax License # 997083 Potential for Big $ Savings with Energy Analysis! Contractor will work with your facility to create an energy profile using the US Department of Energy's online database, EnergyStar.gov Portfolio Manager. We will help you create a "5-Year Plan" to avoid any surprises operating surprises and account for increased growth. This includes reduced energy consumption, reduced downtime, increased sustainability, and freeing up in-house staff to perform their routine daily tasks. We are focused on delivering bottom line benefits to our clients in every facet possible. "VALUE = BENEFITS - COST" 2 I r 1 a Oe C on ieentta/ bE t vdeE'n C US1CtliEi & San DIECC ME C hcn:t G i FnE t t. } 308 of 472 San Diego Mechanicall 4 Jl .s Key Executives: CONTACT NFORMATOON SAN DIEGO MECHANICAL ENERGY 7568 Trade Street San Diego, CA 92121 858-566-8200 1 ru'ii . scll n e-111 c. c011l Neil Gibson, President Brandon Reed, Ops Manager Lisa Fleet, Office Manager Year Founded: 2014 Years of experience: 30 + Number of employees: 23 7568 Trade Street San Diego, CA 92121 (858) 566-8200 Phone (858) 566-8203 Fax License # 997083 Industry Certifications: Chiller factory certified: TRANS, SMARDT, MULTISTAK, DAIKIN, CARRIER, YORK & McQUAY VFD factory certified: ABB, YASKAWA & DANFOSS VRF factory certified: LG, MITSUBISHI, DAIKIN & SAMSUNG Licenses: C-20 License #997083 Contact: Michael Hubbard- Senior Account Manager mhubbard@sdme-inc.com 619-613-0798 (Cell) .. R ( 1 C g ., , , E r f' i i_i L ri i[ f 1 r1 f r L tio San Diego Mechanical Energy 7568 Trade Street San Diego, CA 92121 (858) 566-8200 Phone (858) 566-8203 Fax License # 997083 TEAM ORGANIZATION Contractor is a leading provider of HVAC services. Throughout the industry, Contractor is recognized for our superior service in the following markets: Commercial — Industrial — Retail — Federal & State Agencies — Military Facilities — Hospitals. With our success in these areas, we have been able to grow our customer base to become recognized as a leader in the industry. Contractor currently holds the following state licenses, C-20 affording us the ability to provide exceptional service to fulfill all our customer HVAC needs. Our reputation as a preferred HVAC mechanical & service provider has been developed through living out our core values of integrity and quality craftsmanship. It is our goal to manage projects and contracts in a way that ends with the owner receiving the best value possible. The following will be our team responsible for handling everything for the City 7/24. 11 E gc Neil Gibson -General Manager ng1 hson L( sd111e-ine. C0171 619-997-4459 Brandon Reed -Operations Manager hreecl@sdme-i17C.COn1 760-310-0131 C c r; f c e,; f I o! L E I r: c" e r: C u s 1 c n; e r F f ; f. r e c o f:` c c h c: n, r c I f n e e c2 y 310 of 472 2If'pc San Diego Mechanicalt IEneruzv 7568 Trade Street San Diego, CA 92121 (858) 566-8200 Phone (858) 566-8203 Fax License # 997083 TEAM ORGANIZATION (CONTINUED) Lisa Fleet -Office Manager lnissen@sdme-inc.com 619-638-2505 Liz Fuller -Service Coordinator lfidler@sdnie-inc.com 619-455-2250 Michael Hubbard -Senior Account Manager inhubbard a dme-inc.coni 619-613-0798 f o t; f i c e n i r c 1 between C u s l e rn e r fi 9 o v LIEVC fr a c r c. r; i r c l f r, E, c 3 311 of 472 San Diego Mechanical Energy 7568 Trade Street San Diego, CA 92121 (858) 566-8200 Phone (858) 566-8203 Fax License # 997083 DUSTIN REED Dustin has 14 years' experience in HVAC. He is classified as a Master Service Technician with certifications in: Carrier Centrifugal chillers, Trane Centrifugal Chillers and DAIKIN chillers. Dustin attended the factory training in Canada for SMARDT TURBOCOR chillers and is factory authorized to perform start ups across the country. He is also a manufacturer certified installer of: > ABB, Yaskawa Variable frequency drives > B&G pump & motor overhauls > Hot water & Steam boilers > Evapco Cooling Towers 3.. _. !rc e. e r: eer, Cfi c.. e r, r, ;er. c 1•.4Erhonicc1 312 of 472 114 San Diego Mechanical Energy 7568 Trade Street San Diego, CA 92121 (858) 566-8200 Phone (858) 566-8203 Fax License # 997083 SCOTT TERREL Scott has over 27 years' experience in HVAC. He is classified as a Master Service Technician with qualifications in: Carrier Centrifugal chillers, Trane Centrifugal Chillers, TURBOCOR Mag lift chillers, Various Screw chillers, He is also a manufacturer certified installer of: ➢ ABB, Yaskawa Variable frequency drives ➢ B&G pump & motor overhauls ➢ Hot water & Steam boilers ➢ Cooling Towers ➢ Trane Intellipak units 4IP;:Qc r c r, I ?u e n:, c: !! e t we e n C: s e c n: e, R $ c n fJ, e r. c c. r 313 of 472 l.� San thiego Mechanics pan gy ED \7][ LLACANO 7568 Trade Street San Diego, CA 92121 (858) 566-8200 Phone (858) 566-8203 Fax License # 997083 Fred has over 25 years' experience in HVAC. He is classified as a Master Service Technician with certifications in: TRANE, CARRIER, YORK & DAIKIN packaged units, split systems and heat pumps. Fred brings his years of experience and knowledge to every job and ensures a great customer experience with clear communication and timely response. 5IPr,ac Organizational Chart Tl & Project Project / Pipe Chaim Red Opaatioul finger Chiller/Retrofit HighTech Rube. OuNn Service & Maintenance SAN DIECO MECHANICAL MERCY Service i c,;; ,c er l,; i bEt weer C uslcrrrer & Son C!c ce f4ec a ,ical Fr,e, c j 314 of 472 San Diego Mechanical Energy 7568 Trade Street San Diego, CA 92121 (858) 566-8200 Phone (858) 566-8203 Fax License # 997083 EXPERIENCE AND TECHNICAL COMPETENCE HVAC Preventative Maintenance • Commercial equipment • Industrial equipment • Computer room equipment • Quarterly P.M. agreement • Custom agreement • Assigned account management and technician team to each contract site. HVAC Services Equipment service and repairs (all manufacturers anti tonnage): • Package / split gas and electric units • Package / split heat pump units • Cooling Towers open and closed loop • Air- and water-cooled Chilled water units • Circulating pumps • Computer room equipment • Boilers • Exhaust / Supply Fans Building Co111171issioninb services: • Total HVAC system commissioning • Air and water balancing to design specifications. • Comprehensive due diligence reports • Annual equipment assessments Specialty services offered: o Service, repair and maintain computer room environmental systems. • TURBOCOR Compressor retrofits • VFD installation, maintenance, and service • Custom Projects • Cooling Tower Refurbishment • Energy Savings o Certified welding Pump Preventative Maintenance • Submersible pumps • Centrifugal pumps • Standard Monitoring control panels • Quarterly P.M. agreement • Assigned account management and technician team to each contract site. r _ r i r r r I.` r r i f 315 of 472 2Ir- - San Die o M1 ecchanka TEne 7568 Trade Street San Diego, CA 92121 (858) 566-8200 Phone (858) 566-8203 Fax License # 997083 l e.' ri d E r! t, c! 6 E t the e r; C c S t c tr, E r & on r. , e c c M E r hh o a r re• ' E r c 316 of 472 San Diego Mechanical Energy 7568 Trade Street San Diego, CA 92121 (858) 566-8200 Phone (858) 566-8203 Fax License # 997083 Contractor has been a 24/7 service and preventative maintenance provider for the listed project and PM customers listed below. We are looking forward to providing you with our excellent service and care. Below is a list of references for both HVAC preventative maintenance contracts and projects. Partial Client List: SD Natural History Museum San Diego State University County of San Diego Irvine Company Sanford — Burnham Institute San Diego Rescue Mission McCarthy -Cook Department of the Navy 3 I ; UCSD Marriott Hotels Hyatt Hotels Palomar College The Alicia:: San Diego Hilton- Anaheim QualcollllP Quiclel L H Y A T T QUIDEL IRVINE CO.F���E,i� .; EMBASSY SUITES by Hilton' 317 of 472 San Die © Mechanical Energy 7568 Trade Street San Diego, CA 92121 (858) 566-8200 Phone (858) 566-8203 Fax License # 997083 Completed projects. 1) National City Public Library - Chiller Replacement Project SCOPE: Chiller & pump replacement (temporary chiller during construction), controls upgrade. Value: $ 130,000 Reference noted Arturo Gonzalez. 41Pccie- (er,fide Jlfit I L:c!t: eerr Cu_ :c: 318 of 472 San Diego Mechanical Energy 7568 Trade Street San Diego, CA 92121 (858) 566-8200 Phone (858) 566-8203 Fax License # 997083 2) City of San Diego - Cooling Tower Replacement SCOPE: Replaced Cooling tower at the South Bay Wastewater Treatment Plant. Value: $ 110,000 Reference Noted I Jay Massello 51= C on fidenti cI be i ween Customer E Son Giecc F_ ce ruy 319 of 472 San IDie o IVilechanicall Ener v_ 7568 Trade Street San Diego, CA 92121 (858) 566-8200 Phone (858) 566-8203 Fax License # 997083 3) SPAWAR - Naval Base Point Loma (Old Town Campus) Building OT1 SCOPE: HVAC installation consisting of replacement of (8) split systems, (2) mini splits, (6) exhaust fans, and a complete renovation of the air distribution system. Value: $ 220,000 6JPege L c rJiaential bE ttveen Cus t cn,e, & San riEce MEchunicu! FI; I c• y 320 of 472 Sams Dfic go Meel Eimer 7568 Trade Street San Diego, CA 92121 (858) 566-8200 Phone (858) 566-8203 Fax License # 997083 4) Pacific Beacon Chiller Replacement Project 1 32nd Street Naval Station SCOPE: Chiller replacement project including replacement of main building isolation valves and DDC upgrade. Value $ 120,000 Reference: Mark Molina I Head of Engineering 7I 321 of 472 1 San Diego Mechanical Energy 7568 Trade Street San Diego, CA 92121 (858) 566-8200 Phone (858) 566-8203 Fax License # 997083 5) Cooling Tower Replacement Project I Irvine Company SCOPE: Cooling Tower & Pumps. This project was completed directly next to the 1-8 freeway with the main electrical overhead pillars coordinated with SDGE & air traffic control. Value $ 250,000 Reference: Devin Knez I Chief Engineer 81Prcic ( r. ;! i c e r, t t r i ! e t t: e: C . s t c n, E r 322 of 472 �M4 San Diego Mechanical Energy 7568 Trade Street San Diego, CA 92121 (858) 566-8200 Phone (858) 566-8203 Fax License # 997083 Methods Proposed to Accomplish the Work MEETING THE NEEDS OF THE CITY Upon a repair call, we will respond within 30 minutes by phone and arrive within 90 minutes with a staff on hand to respond to all emergency calls 7/24. We are capable of meeting this requirement due to having a dedicated staff for your site. Upon arriving and departing our technician will report to the City Facilities Maintenance Supervisor. The technician will proceed to perform maintenance tasks per manufactures recommendations. The technician will document and provide pictures for all PM's and service calls upon request. We will discard of all disposables offsite. Technicians and staff will keep a log of the PM's and service calls performed and submit to the City Facilities Maintenance Supervisor within 5 business days upon completion of work performed. A general record log will be kept up to date on each PM & service call. A proposal for work outside of the preventive maintenance scope will be provided to the City within 48 hours and no work will be performed without prior quote and authorization. Billing invoices will be submitted to the City of Facilities Maintenance Supervisor within thirty (30) days of the work being completed or according to approved billing cycles. Contractor will comply with the current 29 CFR 1910 OSHA General Industry Regulations. We suggest having a kickoff meeting with Contractor personnel and the City immediately after award of contract to discuss expectations so that both parties to the contract are clear about expectations and terms. Contractor will provide all tools and equipment needed to complete the scope of work. 323 of 472 San Diego Mechanical Energy 7568 Trade Street San Diego, CA 92121 (858) 566-8200 Phone (858) 566-8203 Fax License # 997083 Accounting System Contractor manages all incoming service calls, and all outgoing service call reports, quotes for repairs, and invoices to customers. We have the ability to email service reports as soon as the completion of the project. Invoices are reviewed and sent out within a week of project completion. Thank you very much for this opportunity. Lisa Fleet- Office Manager Deanna Wheeler -Accounting Michael Hubbard -Senior Account Manager (c r. f i c e r, ,! L e ,. e e r, (u s r r r r; e! e S r• r, r. i e c c ?: , e r!, G r; e r. 324 of 472 San alego IVr echaifcaI Energy 7568 Trade Street San Diego, CA 92121 (858) 566-8200 Phone (858) 566-8203 Fax License # 997083 Prevailing Wages Contractor to refer to section 7-2 LABOR of the Special Provisions on all jobs for the Cott'. Contractor will be registered and listed with the Department of Industrial Relations. E (C rtfreenl icl ; E t weer, C ust r • 325 of 472 San Diego Mechanical. Energy 7568 Trade Street I San Diego, CA 92121 (858) 566-8200 Phone I (858) 566-8203 Fax License # 997083 General Facny iv aknternance- -- CALIFORNIA NATIO! AC TT NA ZNCORPORNr P -J n VAC Bid Per: REQUEST FOR PROPOSAL (RFP) FACILITIES MAINTENANCE SUPPORT SERVICES FOR NATIONAL CITY'S FACILITIES MAINTENANCE PROGRAM April 15, 2021 ADDENDUM NO. 1 May 5, 2021 Attn: Roberto Yano, PE Director of Public Works / City Engineer C c. r,! r c'e n! i c i ! t c e n C us (o n' e r K S c r r) r e c e M e C h o n )c c! F r, e r c. r 326 of 472 The City of Nation-= e City Locations: Civic Center -Full Service Police Station -Full Service Public Library -Full Service Fire Station #34-Full Service MLK Jr. Community Center Arts Center Kimball Park Recreation Center Fire Station #33 Fire Station #31 El Toyon Park Recreation Center Municipal Pool Camacho Recreation Center Casa De Salud Youth Center Public Works Offices / Breakroom Public Works Vehicle Maintenance Shop Public Works Material Storage Building 1430 Hoover Avenue Storage Building 14th Street Pump Station 18th Street Pump Station Mile of Cars Pump Station Bay Marina Pump Station PROVIDED BY SAN DIEGO MECHANICAL ENERGY 2 I P gt: ( c n D i c e rr t i c ! t e; it e e r+ C u s t o r; e r g 5 c n D r E c o Mechanical F r e F cr) 327 of 472 SAN DIEGO MECHANICAL ENERGY Commercial HVAC Contractor Scheduled Preventive Maintenance Tasks: Quarterly • Coils • Compressor operations • Motor operations ® Voltage and amp draw. • Condensate drains. • Oil levels • Water levels • Electrical/Relays and Contactors at Equipment • Operating/Safety Controls • Bearing lubrications • Motor lubrications • Belt adjustments or replacement • Fan blade/Blower cleaning • Condensate drain cleaning. • Equipment cleaning • Heat exchangers • Refrigerant piping • Bearings • Belts and Pulleys • Blowers • Fans/Blades • Reversing valves • Cabinets and ductwork • Coil cleaning • Safety control adjustments • Operating control adjustments • Calibrations Filter Service: Quarterly MERV 8 REQUIRED Unless Manufacture Specifies other o Removal and disposal of used filters/medias o Provide and deliver to jobsite replacement filters/medias. o Installation of filters • Washing of filters as required and as applicable. Water Treatment Service: • Water Treatment for Civic Center, Police Department and Library to be done by others. 3Ir; f r lidenitet hE tt'ee r. Cus Icrn€ r & r. r, r;rEce MechorrcoJ F ,er cis 328 of 472 Maintenance Tasks I Scope of Work I Cooling Tower Quarterly: o Lubricate motor bearings as needed. o Inspectfan wheel. o Inspect pulleys. o Inspect fan belt alignment and tension. o Inspect tower for corrosion and damage. o Inspect overflow line. o Inspect operation of bleed system. o Inspect operation of stage controller. o Inspect elec. Connections, tighten as necessary. o Inspect all electrical contacts. o Inspect unit for excessive vibration and noise. o Inspect fan motor(s)operation. o Inspect for water leaks. Bi-Annually: o Clean and adjust float assembly. o Clean inlet strainer if applicable o Clean ventilation openings Annually: o Drain and clean sump. o Clean off scale buildup on eliminators. o Lubricate fan bearings. o Record fan motor amperage o Record fan motor voltage o Record pump motor amperage o Record pump motor voltage 4I Cer, firien t;cI C EIIPEEP Ci.r or; er ? r. r, Gier.-e Methonrr c! Erte r, ‘• 329 of 472 soh SAN DIEGO MECHANICA2 ED.3(I:G3GV Commercial HVAC Contractor Maintenance Tasks I Scope of Work I Boilers Quarterly: o Inspectforgas leaks. o Inspectflue for proper venting. o Inspect for water leaks. o Inspect boiler room air vents. o Inspect flame condition adjust as required. o Inspect electrical connections, tighten as necessary. o Inspect operation of gas valve. o Inspect exterior of unit and panel fasteners. o Inspect operation of makeup water systems. o Inspect expansion tank air pressure/level. o Inspect for signs of overheating. o Inspect condensation lines. o Inspect operating of safety control limits. o Inspect operations of ignitions system. o Inspect operation of flow switch. o Record temperatures rise across heat exchanger. o Record control and safety set points Annually: o Clean vestibule and burners o Inspect for cracked, warped or dirty heat exchanger. o Inspect unit and pipe insulation. o Inspect gauges for accuracy. o Inspect firebrick for defects. o Inspect waterside for scale. (or, ficent icl between C ue torr:er P S r. n r: E L C• T E C 11 p n i c o f i n E r e ) 330 of 472 6I Maintenance Tasks I Scope of Work I Pumps Quarterly: o Lubricate pump bearings. o Lubricate motor bearings. o Visually inspect coupling (as needed) o Inspect flow in sealing/flush line. o Inspect fan motor(s)operation. o Inspect electrical connections, tighten, as necessary. o Inspect all electrical contacts. o Inspect unit for excessive vibration and noise. o Inspect mounting points to ensure bolts are secure, tighten, as necessary. o Inspect for water leaks. Annually: o Clean inlet strainer if applicable o Record motor amperage o Record motor voltage o Record suction pressure o Record discharge pressure Maintenance Tasks I Scope of Work I Exhaust Fans & Supply Air Fans Quarterly: o Inspect blower wheel. o Inspect fan belt alignment and tension. o Inspect fan motor(s) operation. o Inspect electrical connections, tighten, as necessary. o Inspect all electrical contacts. o Inspect unit for excessive vibration and noise. o Inspect exterior of unit and panel fasteners. Annually: o Clean dampers o Record indoor fan amperage. o Record indoor fan voltage. o Replace belt. C rr;fideniiri between C iS tc rer e Sr: Lie r_ a fRechonicc / fr,e rc 331 of 472 Maintenance Tasks I Scope of Work I Variable Frequency Drives Quarterly: o Inspect and tighten all nuts, bolts, and retaining devices on mechanical assemblies and mounting brackets. o Verify all electrical connections are at proper torque settings. Annually: o Clean/Change all cooling filters and grills if applicable. o Remove all dirt and dust that has penetrated the unit interior or accumulated on the processor boards using high-pressure nitrogen. o Verify and record all inverter settings. o Verify and all internal power supplies, and logic outputs. Record as applicable. o Check proper operation of DC buss capacitors. o Check all external controls related to the operation of the inverter. o Provide any recommendations for repair, parameter changes, etc. in written form. Maintenance Tasks I Scope of Work 1 Central Fan Systems- Air Handlers Quarterly: o Lubricate fan bearings per manufacturer's recommendation. o Lubricate motor bearings per manufacturer's recommendation. o Check belts and sheaves. Replace and adjust when authorized. o Check motor mounts and vibration pads. o Check motor operating conditions. o Inspect electrical connections and contactors. o Lubricate and adjust associated dampers and linkage. o Check fan operation. o Clean outside air intake screen. o Check and clean drains and drain pans (when performing an annual service only). o Check heating and cooling coils for proper operation. o Inspect fan assembly and report any abnormalities. Annually: 7IP�;`=c o Record indoor fan amperage. o Record indoor fan voltage. o Replace belt(s). C e r, f i d e n i r c! Lae ; vi e e n C u s l e rr e r F, a r. Diets F r e, c i• 332 of 472 Maintenance Tasks I Scope of Work I Chiller Operational Inspection: o Review owner's log for trends. o Inspect chiller for leaks. o Run chiller and log readings, analyze performance. o Check system for unusual noises and vibrations. o Record refrigerant level in sight glass. o Check Safety controls. o Log and report findings. Annual Inspection: o Inspect / check compressor. o Check main power supply voltages. o Check/tighten electrical terminals. o Check electrical wiring/terminals for hot spots/discoloration. o Check amps as per design. o Check DC bus voltage. o Check operation of all system safety devices and interlocks. o Check all communications cables are secure and tight. o Check/inspect electronic modules. o Check calibration of pressure/temperature sensors. o Check IFV assembly operation. o Check motor cooling system. o Inspect condenser tubes and annually brush tubes. o Perform check, log, review fault analysis, analyze performance. TIME AND MATERIAL SITE: o Kimball Senior Center 8I I' !' k' Cor ficent,rl he! EEn Cus t crrE, e Scn Bier, c MEchoniccl f •:. 333 of 472 Annually: 9 J P t Maintenance Tasks 1 Scope of Work I Gas & Heat Pump Package Units o Inspect fan assembly and report any abnormalities. o Lubricate fan bearings per manufacturer's recommendation. o Lubricate motor bearings per manufacturer's recommendation. o Check belts and sheaves. o Check motor mounts and vibration pads. o Check motor operating conditions. o Inspect electrical connections, contactors, and relays. o Check all safety switches. o Inspect electrical connections and contactors. o Lubricate and adjust associated dampers and linkage. o Check fan operation. o Check economizers and fresh air intakes. o Check systems operation in both heating and cooling. o Check and clean drains and drain pans (when performing an annual service only). o Check heating and cooling coils for proper operation. o Record indoor fan amperage. o Record indoor fan voltage. o Replace belt(s). o Clean Condenser coils. o Clean burners and burner cabinet. C nf if4=r. t rr,/ bet 'een Cu=t errer A 5rn Cit cc Mechenicci Fne r g): 334 of 472 FULL COVERAGE MAINTENANCE SITES: O City Hall O Police Department • Public Library O Fire Station 34 Scrniinaiy: Full Maintenance coverage is available for all primary equipment. This coverage will include parts and labor for all preventive maintenance services. Emergency repair parts and labor (during normal hours), travel time, and truck charges are also covered. Contractor agrees to: 1. Furnish all labor, parts, refrigerant, oil, filters, belts, and materials needed to maintain the listed equipment in good operating condition and to perform all services listed under the Preventive Maintenance coverage. Labor is covered under this agreement during normal working hours. An overtime differential will be charged for all labor worked outside of normal hours. 2. Maintain the following items related to the equipment: a) Electric wiring from the starter to its respective motor and starters. b) The pressure and temperature controls, thermometers, gauges, control devices, thermostats and manual valves located within the equipment. c) Refrigerant leak repairs. Includes refrigerant tracking. d) All coils within the unit. e) All compressors. f) All motors. g) All electrical controls. h) All actuators within the unit. i) Annual coil washing and condensate drain cleaning. j) All moving parts such as bearings, shafts, pulleys, economizers, and fan blades. k) All refrigeration components such as filter driers, expansion valves, check valves, capillary tubes and solenoid valves. City agrees to: 1. Operate equipment according to Contractor instruction, and to notify Contractor promptly of any change in the usual operating conditions. 2. Employ only Contractor personnel or persons authorized by Contractor to perform all work on the equipment, except for operation of same. 10 I f c i i r i. t i r! ! c! c• e c r. !L.c r:- i _ , E r. f.- c t is in e 335 of 472 Exclusions: It is understood that, except to the extent otherwise provided in the service agreement outline, the services and maintenance provided for herein includes only those items listed above. It does not, for example, include any of the following: 1. Normal functions of stopping/starting the listed equipment. 2. The maintenance of space conditions or system performance unless improper conditions are directly due to the failure of the listed mechanical equipment. 3. Piping and valves located outside the units. 4. Cabinets & Casing. 5. Structural supports. 6. Water & Drain piping. 7. Boiler refractory and tubes. 8. Disconnects, Circuit breakers and electrical wiring to units. 9. Duct work. 10. Cooling Tower Fill. 11. Damage due to freezing weather. 12. Air balancing. 13. Improper Water Treatment damage. 14. Corrosion or erosion damage, due to salt air, age or outdoor conditions. (for example, but not limited to the following: tube bundles, heat exchangers, structural supports, unit casing and coils) 15. Circuit breakers. 16. Complete replacement of unit. 17. Any items of equipment recommended or required by Insurance Companies, Government, State, Municipal or other authorities. 18. Repair of component failure caused by electrical power imbalances, lightning, or other acts of God. 19. Pre-existing conditions. During the first 30 days, Contractor shall perform an inspection to identify existing equipment failures and provide the City with a repair proposal to allow Contractor to assume all equipment in good working order. Should the City not authorize the repairs, Contractor may remove the unacceptable equipment, component(s) or part(s) from its scope of responsibility and adjust the annual Agreement price accordingly. 336 of 472 t46SAN MEGO EL [ECOQANOC1IL ENERGY Commarclal HVAC Contractor Hazardous Materials City hereby agrees to indemnify, defend, and hold harmless Contractor and its employees, consultants and subcontractors from and against any claim, damage, allegation, suit, cause of action, cost, loss, expense or injury in connection with hazardous materials not introduced or outlined by the indemnified parties. Claims Both parties agree that any suits arising from the performance or non-performance of this agreement, whether based upon contract negligence and strict liability or otherwise, shall be brought within (1) one year from the date the claim arose. The City shall be held responsible for the following: o Providing a safe working environment • Permit access to the customer's site and use of building services as necessary. o Keep areas adjacent to equipment free of extraneous materials, move any stock, fixtures, walls etc. that may be necessary to perform specified services. ® Provide adequate water treatment. o Allow Contractor to stop/start equipment as needed. 12Ii' : ( onfi'en. t ir,r between Cu: t orr;c r E S cr, r to e fy e rh or,,r e t Fne toy 337 of 472 Ei Ste' DOSS M:ECi S 3CA2 E; MEIG 1 Commcrclal HVAC Contractor Total Annual Investment Cost Preventative Maintenance Annually $183,351.00 2 Year (2021-2023) $366,702.00 OPTION: Pump stations (14tn 18tn Mile of Cars & Marina) Preventive Maintenance Annually $3,117.00 2 Year (2021-2023) $6,234.00 Terms and Conditions Quarterly Billing Payment shall be made net 30. 13 I P (c r, f i e e n t i a l between Customer S r, r; D i e c c f' e r h o r r r c l F rn, e r c y 338 of 472 SAN DIEG© MECHANICAL ENERGY Commsrdat WAG Contractor Agreement Exec tOor1 If you should have any questions regarding this proposal, please feel free to contact me. Contractor will proceed with the proposed contract as outlined after receiving the authorized City signatures. Sincerely, Neil Gibson General Manager San Diego Mechanical Energy ngibson@sdme-inc.com 12 Signature: Print Name: Title Date: A)67 L 6-7_656 ^J �sca\iciz (r, n f i c' e n t; rr f C us t c rrr e r € lc?, C )e r r, M e n c e n i c r t f r c; c 339 of 472 May 5, 2021 I�r I.koliai.diak kv yJ ADDENDUM NO.1 RFP — Facilities Maintenance Support Services 2021 The plans and specifications prepared by the Engineering and Public Works Department for the City of National city entitled, "RFP — Facilities Maintenance Support Services for National City's Facilities Maintenance Program", are hereby amended as follows: 1. The submission deadline is changed from May 6, 2021 to MAY 13, 2021 at 5:00PM PST. 2. Section VI. Proposal Requirements, A. General, ADD: A. 3. Full coverage maintenance should include City Hall, Police Department, Library, and Fire Station No. 34. The full coverage maintenance program should include quarterly and annual service (but is not limited to), condensing split units, fan coil units, air handlers, package heat pumps, package gas heat pumps, exhaust fans and boilers, compressors, variable frequency drives (VFD), pumps, and motors. 3. Section VI. Proposal Requirements, A. General, ADD: B. 4. At this time there, there is no anticipated removal date of the Kimball Park Recreation Center, so inclusion of Preventative Maintenance pricing is required. 4. Section VI. Proposal Requirements, A. General, ADD: C. 5. At this time, December 2021 is the estimated demolish date for the Kimball Senior Center, so a Tirne & Materials price is sufficient. 5. Section VI. Proposal Requirements, B. Contents, 2. Executive Summary, DELETE: Include a 1-2 page overview of the entire proposal describing its most important elements. And REPLACE with: Facilities Maintenance Support Services, RFP 2021, Addendum No. 1 340 of 472 include a 1-2 page overview of the entire proposal describing its most important elements, including full service maintenance. THIS ADDENDUM NO, 1 MUST BE ACKNOWLEDGED BY SIGNING IN THE SPACE PROVIDED BELOW AND SUBMITTING WITH YOUR BID. BY ORDER OF THE CITY ENGINEER OF THE CITY OF NATIONAL CITY. May 5, 2021 Od- Date Roberto Yano Director of Public Works/City Engineer RECEIPT ACKNOWLEDGE BY: ✓Kl air. Signature Neil Gibson Print name San Diego Mechanical Energy Company DATE: May 12, 2021 Facilities Maintenance Support Services, RFP 2021, Addendum No. 1 2 of 2 341 of 472 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the issuance of a special driveway permit at 614 "B" Avenue. (Engineering/Public Works) Please scroll down to view the backup material. 342 of 472 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 15, 2021 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the issuance of a special driveway permit for the residential property located at 614 B Avenue. PREPARED BY:Charles Nissleys Sr. Civil Engineering TechnicianDEPARTMENT: Engi - - r,Public Works APPROVED BY: PHONE: 619-336-4396 EXPLANATION: See attached. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: APPROVED: APPROVED: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt Resolution authorizing the issuance of a special driveway permit for the residential property at 614 B. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Special Driveway Permit 3. Exhibit 4. Resolution 343 of 4721 EXPLANATION William McColl and Sandra McColl, the owners of the property located at 614 B Avenue, are requesting a special driveway permit to install a driveway curb cut that encroaches over the side property line extended. Currently the property has no driveway along the 50 foot street frontage. It has been determined by the Planning Department that there is sufficient room for parking along the southerly side yard property line, however the location of the existing dwelling unit is 16 feet from the property line. Since the minimum driveway is 12 feet across with a three foot wing on either side, the proposed minimum width of the driveway from top of wing to top of wing is 18 feet. The owners are proposing a driveway cut with one wing beginning at a point three feet across the extended property line on the south and extending to the top of the northerly driveway wing 16 feet from the southerly side yard line in line with the southerly face of the dwelling unit. This will prevent vehicles entering the property from running into the dwelling unit. Since the driveway does not provide a minimum of 11 feet of clearance to the property line as required by National City Municipal Code Section 13.04.220.E, City Council resolution is required to authorize staff to process a special driveway permit. Given the site constraints, there are no other feasible locations to construct a new driveway. The property owners submitted an application for a special driveway permit and paid the required application fee. See attached special driveway application with supporting documents. Based on review of existing conditions, proposed improvements, City design standards for public works construction, and applicable sections of the municipal code, staff recommends the issuance of a special driveway permit. 344 of 472 Date: 4/12/2021 Property Owner: William G & Sandra M McColl San Diego , CA 92103-1608 Phone: Email: Processed by: Development Services Department 1243 National City Blvd National City, CA 91950 (619) 336-4380 INVOICE (2021-5198) National CitLI 61 1243 National City Blvd. 619-336-4330 / 84947 04/12/2021 15u 25112. 000 Reg CHWK-FIN-22 EN8R 5198 $ 368.00 Contractor: Sandra McColl San Diego , CA 92103-1608 Phone: 619-573.7263 Email: nca1SMCCOLL@HOTMAIL.COM FEE AMOUNT AMOUNT PAID AMOUNT DUE ACCOUNT NUMBER $368.00 $0.00 $368,00 00 f 06029-3130 $368.00 $0.00 $368.00 001-06029-3130 $368.00 $0.00 Reg CHWK-FIN-22 CD CD OD CD Cl $********368.00 $368.00 345 of 472 Owner's Mailing Address: Special Driveway FEE $368.00 CDP Permit # 2p-21 -519$ -. CALIFORNIA —4+NATIONAL CITY o o q /`-- INCORPORATED Eng. # City of National City Engineering Department 1243 National City Boulevard National City, Ca, 91950 APPLICAT ON FOR SPECIAL DRIVEWAY PERMIT Application Date: 1�7 *2-02,/ Site Address: Owner's Name: / ' I / - ' w Ot,t. ✓.. cfq Ate' g/4Sr3 Phone: (i/V ---9-3-9Z4 y06o a1— 9/'sue Site Classification (Check One) %Residential ❑ Commercial n Industrial n Institutional 1. The City of National City has set forth driveway standards in the National City Municipal Code and has adopted the San Diego Regional Standard Drawings (SDRSD) for construction of driveways. Explain below how your driveway will differ from the City adopted standards? T Pit.IVC/RIA`i AP(Zom 15 iZGq.4401-..Zo B 7Hi�CE Q' reoP\ -Nte. Sibe ip2D ep.o9ctrrY LING . P c6G) brow Ii,l, LL t.krr 5 G 17d C Fes Bar Su4ct 'Q[ ' mACEvt -To Ti.+t peo-Petri Liao ENG-100 1 346 of 472 , the owner of the property referenced above, accept the nditi ors of this Special Driveway Permit listed above. ignature of Owner Date FOR CITY USE Planning Department c1 By: C — Date: —1 -46--- z Approved Explanation Approved with Conditions Denied Fi n Building Department By: Date: Approved Explanation Approved with Conditions Denied ❑ n Engineering Department By: Date: Approved Explanation Approved with Conditions Denied n ENG-100 3 347 of 472 2. Special Driveway Permits are issued for the use and maintenance of a driveway that is designed to meet special needs or conditions that exist on site or in the right-of-way adjacent to the site. Explain these conditions. !�( F rtA( 4.1.e> Loc4- io oC� OW 1-W5G W LL 0 of /ALLOW ("µ e tom -/LOPE ! •L,,� 3. Attach copies of diagrams, drawings, photographs and other documents that show or further explain the existing conditions and proposed changes. 4. Provide the name, address and telephone number of the person(s) to have effective control over the design and installation of the special driveway. sA,voV*- in emu., 406 0 Afazipuc62- 04'04- SPA /ham C<l- 902iO3 5. The following conditions shall apply: A. The application fee is nonrefundable. Payment of the application fee does no guarantee approval of the Special Driveway Permit. B. The Special Driveway Permit is a discretionary permit. The Special Driveway Permit does not authorize construction of a special driveway until the plans for the driveway have been approved by the City Engineer and a valid construction permit has been obtained. C. The City reserves the right to require the removal of the special driveway at any time. D. The City reserves the right to require the installation of signage, lights, mirrors, pavement markings, reflectors, bollards, barricades or other devises at anytime. E. The property owner is responsible for the design, installation and maintenance of the special driveway. ENG-100 2 348 of 472 20' �C SCq 3' [a ,� PROPOSED TOP OF'r: WING LOCATION 1 „..._ 1I SOW r < 0 1 1 1 5 0' VcCo Hesdec � 4 ,- 3' TOP OF WING FROM PL AS REQUIRED ; • SIDEWALK a c a fl a' • ,. m s a- • • tE P4• ktfk 444F44{•• 4 4• t f 4 E444• • • 4 4 f< t44 44E F fP F4 t f 4 f E E f EE 4t E 4 < 4 Proposed Driveway 44k 4 4 •F 4•E •• 44{4•t{4fkf4<{4{1ftt {Ek {{{{ E444f4Fff4FF4F64.GRASS PARKWAY 4 • E 4 f 4 E E £ 6- 444 f ♦ E • 4 < < • 4 4 t 4{ 4 4 F F fb 44E4 E 4 t44 44E444 E44 4 4 4 4.k • f f E k f4 EF4EE • • • t 4 F f a 16' MAXI vUM • E • < •f t 4 < 4 t E E P • 4 t t t f f f f • t < < 4 t f f • • < E t f E E 4 • < 4 f t E t • < < 4- 4 f 4 E < f 4 E 4 t f 4 E 4< 4 4 F F f 4 4 t t t 4 4 E • 6 t • 6 4 E 4< < 4 6 4• 4 k 4 E 4 4 4 4 f 4 4 4 4 E 4 F 4 4 E 4 4 4 4 4 4 4 4 4 E 4 E 4 E • 4 4 E 4<< 4 4 4 4 4 • • k 4< 4 t E 4 4 4 E 4 f 4 E 4 F 4 f 4< t f 4 E • • 4 E f t F ♦ • E 4 < 4 4 F E 4 4 4 < 4 4 4 4 E E R • 4 6 < 4 t 4 4 k 4 F 4 • 6 • < 4 k 4 4 E 4 E 4{ • 4 4 4< 4 t 4 E F E 4 4 • • • < t 4 4 4 4 4 E f ♦ 4• 4 4 t 4 4 4 4 F f • 4 t f F 4 4{ • t < t 4 E F 4 4 E < 4 E 4 4 • E E t 4 4 4• 4 4 t t t t 4 4 F 4{ 4 4 6 4 t 4< t• k P 4 4 • 4 4 4 4 E 6 4 t 4 E F 4 t f{ • 4 F F 4 • ♦ E 4 4• 4 ^ 44` Fq . .4 4 4�tef ` aa6 a� eaa n,4 aA a .. a a. • / 80' 349 of 472 The following page(s) contain the backup material for Agenda Item: Investment Report for the quarter ended March 31, 2021. (Finance) Please scroll down to view the backup material. 350 of 472 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 15, 2021 AGENDA ITEM NO.: ITEM TITLE: Investment Report for the quarter ended March 31, 2021. PREPARED BY: gosedd PHONE: 619-336-4346 EXPLANATION: See attached staff report. DEPARTMENT: Finance APPROVED BY: 4.7 FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: See attached staff report. 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 Report for the Quarter ended March 31, 2021. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Staff Report 2. Investment Listings 351 of 472 CALIFORNIA NATIONAL Orr � aco INCORPORATED City Council Staff Report June 15, 2021 ITEM Staff Report: Investment Report for the quarter ended March 31, 2021. BACKGROUND The California Government Code (§53646(b)) requires that, when the treasurer or the chief fiscal officer of a local agency renders to the legislative body of the agency a quarterly report on the agency's investment portfolio, such report shall include the following information regarding all securities, investments, and moneys held by the local agency: ➢ type of investment; ➢ issuer (bank or institution); ➢ date of maturity; ➢ dollar amount invested; and ➢ current market valuation as of the date of the report. In addition, the Government Code (§53646(b)(2)) requires that the report state the City's compliance with its investment policy and include a statement regarding the ability of the local agency to meet its pool's ability to meet its expenditure requirements Code (§53646(b)(3)). OVERVIEW OF CITY INVESTMENTS The City's pooled investment portfolio balance as of March 31, 2021 is summarized below and compared to the balance as of March 31, 2020. Table 1 3/31/2021 3/31/2020 Book Value` $ 78,475,100 $ 74,343,807 Market Value 2 $ 79,165,747 $ 75,642,986 ' actual cost of investments 2 amount at which the investments could be sold The assets of the City of National City's investment portfolio are managed by Chandler Asset Management, the California Treasurer's Local Agency Investment Fund (LAIF), and the San Diego County Treasurer's Pooled Money Fund ("San Diego County Pool") with the largest portion of the assets, 45.89%. The San Diego County Pool and LAIF are liquid investment pools 352 of 472 Page 2 Staff Report: Investment Report for the quarter ended March 31, 2021. June 15, 2021 that allow participants to earn market rate returns, while retaining access to funds within 24 to 48 hours of a withdrawal request with no penalty. The City's assets managed by Chandler Asset Management may be liquidated and withdrawn at any time. However, these investments likely do not provide the short liquidity (i.e., quick access to funds) of the pooled money funds, and liquidation of these investments is at the risk of loss and/or penalty to the City. Summaries of the City's investment portfolio are illustrated below. INVESTMENT PORTFOLIO SUMMARY BY ISSUER/MANAGER As of March 31, 2021 Table 2 Issuer/Manager Book Value Total Market Value' Market % of Portfolio YTM Chandler Asset Management County of San Diego Local Agency Investment Fund 31,675,169 36,331,720 10,468,211 32,344,022 36,332,456 10,489,269 2 0.28% 40.86% 0.83% 45.89% 0.36% 3 13.25% Totals for March 31, 2021 $78,475,100 $79,165,747 100.00% ' includes accrued interest 2 includes LAIF participation factor of 1.001269853 3 calculated on 30/360 basis TOTAL MARKET VALUE $79,165,747 LAIF $10,489,269 Chandler Asset Management $32, 344, 022 353 of 472 Page 3 Staff Report: Investment Report for the quarter ended March 31, 2021. June 15, 2021 Table 3 INVESTMENT PERFORMANCE BY ISSUER/MANAGER For the Quarter Ended March 31, 2021 Total Market Valuer Issuer/Manager Period Yield 3/31/21 12/31/20 Change Return (Net)3 Chandler Asset Management County of San Diego Local Agency Investment Fund $32,344,022 $36,332,456 $10,489,269 $32,392,566 $36,441,433 $4,979,477 ($48,544) ! -0.13% (108,977) 0.21% $5,509,792 0.11% NA 0.84% 0.45% Totals for March 31, 2021 $79,165,747 r $73,813,476 $5,352,271 2 0.43% 4 ' includes accrued interest 2 total include deposits and withdrawal(s) of: deposit 2/25/21 $5,500,000 3 annualized 4 weighted Economic Update: We believe accommodative monetary policy, robust fiscal spending, and continued progress on vaccine distribution will provide meaningful tailwinds for the economy in the coming quarters. The vaccine rollout has been faster than expected and more than 30% of the US population is now fully vaccinated, and more than 45% have received at least one dose. Restaurant and bar sales accelerated in March and travel -related spending has started to rebound as the economy reopens. Despite significant progress on the vaccine rollout in the US, and largely better than expected economic data and corporate earnings, the Biden administration continues to push forward with large-scale fiscal spending proposals. President Biden recently proposed plans for more than $4 trillion in new fiscal spending, which would be in addition to the roughly $5.5 trillion in pandemic -related fiscal spending that has already been approved since early last year. We expect some version of an infrastructure spending bill to come to fruition later this year. Meanwhile, the Fed has indicated that it plans to keep the fed funds rate near zero until at least 2023. Estimates for US gross domestic product (GDP) growth this year are strong. The current Bloomberg consensus estimate for 2021 US GDP growth is 6.3%. The Federal Open Market Committee kept their target fed funds rate and asset purchase program unchanged in April, as expected. The fed funds target rate remains in the range of 0.0% to 0.25%, and the Fed continues to purchase $80 billion of Treasuries per month, and $40 billion of agency mortgage -backed securities per month. During his press conference, Fed Chair Powell reiterated that the economy is still a long way from reaching their employment and inflation goals and it is too soon to begin discussing tapering asset purchases. The Fed believes that some parts of the economy will not be able to fully recover until the pandemic is decisively over. Chair Powell also reiterated that near term inflationary pressures are likely to be temporary. Although inflation rates are expected to increase over the next few months, the Fed is not signaling any near -term changes to monetary policy and plans to remain accommodative. 354 of 472 Page 4 Staff Report: Investment Report for the quarter ended March 31, 2021. June 15, 2021 The yield curve flattened in April but remains steeper on a year-to-date basis. As of April month - end, the yield on 2-year Treasuries was about four basis points higher while the yield on 10-year Treasuries was about 71 basis points higher, on a year-to-date basis. The yield on 10-year Treasuries declined nearly 12 basis points in April, month -over -month. Looking ahead, we believe the Treasury yield curve is poised to modestly steepen further as the year progresses, which would be consistent with an improving economic outlook, more widespread vaccine distribution, the anticipation of ongoing fiscal spending, and a moderate pick-up in inflation. COMPLIANCE STATEMENT All of the City's investments are in compliance with the City's investment policy (City Council Policy No. 203) and the California Government Code (§53601 et seq). FINANCIAL STATEMENT Realized and unrealized gains for the period, reflected below, were $126,323. These changes include changes in security market values, gain or loss from the sale of assets, accrued interest, and reinvested interest/earnings. Table 4 Issuer/Manager Gain/(Loss) Chandler Asset Management $ 42,221 County of San Diego 76,337 LAIF 7,765 Totals for March 31, 2021 $ 126,323 The difference between the changes reflected in the previous two tables is attributable to the purchase and sale of securities for which the first of the tables accounts but the second table typically does not (unless an investment is sold before maturity). STAFF CERTIFICATION Staff certifies that there are sufficient funds to meet the pool's expenditure requirements. RECOMMENDATIONS Accept and file the Investment Report for the quarter ended March 31, 2021. 355 of 472 ICity of National City -Account #10162 MONTHLY ACCOUNT STATEMENT MARCH 1, 2021 TH UUGH MARCH 31, 2021 Chandler Team: For questions about your account, please call (800) 317-4747, or contact operations@chandlerasset.com Custodian Bank of New York Mellon Lauren Dehner (904) 645-1918 CHANDLER ASSET MANAGEMENT chandlerasset,com Information contained herein is confidential. We urge you to compare this statement to the one you receive from your qualified custodian. Please see Important Disclosures. 356 of 472 City of National City Account#10162 Portfolio Summary As of March 31, 2021 PORTFOLIO CHARACTERISTICS Average Modified Duration Average Coupon Average Purchase YTM Average Market YTM Average S&P/Moody Rating Average Final Maturity Average Life 1.84 1.60% 1.51% 0.28% AA+/Aa1 2.03 yrs 1.88 yrs SECTOR ALLOCATION Agency US Treasury Corporate ABS ■ 6.9% supras' 2.5% Money Mkt Fd 10,4% PERFORMANCE REVIEW 19.3% 27.8% 43.1% ACCOUNT SUMMARY CM Beg. Values as of 2/28/21 End Values as of 3/31/21 Market Value Accrued Interest Total Market Value Income Earned Cont/WD Par Book Value Cost Value 32,227,099 126,611 32,234,624 109,398 32,353,710 42,077 31,545,099 31,607,009 31,607,009 32,344,022 42,221 -2,325 31,579,448 31,675,169 31,675,169 MATURITY DISTRIBUTION 35% 30% 25% 20% 15% 10% 5% 33.2% 0-.25 .25-.5 .5-1 1-2 2-3 3-4 4-5 5+ Maturity (Yrs) TOP ISSUERS Government of United States Federal Home Loan Mortgage Corp Federal National Mortgage Assoc Federal Home Loan Bank Intl Bank Recon and Development Toyota ABS Apple Inc Deere & Company Total 27.8% 15.8% 13.4% 12.2% 2.5% 2.4% 2.3% 2.2% 78.5% CREDIT QUALITY (S&P) AA (75.7%) - TOTAL RATE OF RETURN City of National City ICE BAML 1-3 Yr US Treasury/Agency Index ICE BAML 1-3 Yr US Corp/Govt Rated AAA -A Index 1M -0.02% 0.02% 0.00% 3M YTD 1YR - 0.13% -0.13% 1.15% - 0.05% -0.05% 0.26% - 0.05% -0.05% 0.95% Annualized 2YRS 2.88% 2.79% 2.94% 3YRS 2.93% 2.77% 2.94% SYRS 1.90% 1.71% 1.89% 10YRS 2/29/2012 N/A 1.39% N/A 1.26% N/A 1.45% Chandler Asset Management - CONFIDENTIAL Page 1 Execution Time: 4/1/202_ 357 of 472 Statement of Compliance CK As of March 31, 2021 City of National City Assets managed by Chandler Asset Management are in full compliance with state law and with the City's investment policy. Category Standard Comment Municipal Securities Treasury Issues Agency Issues Supranationals Banker's Acceptances Commercial Paper FDIC insured Time Deposits/ Certificate of Deposit Negotiable Certificates of Deposit Corporate Medium Term Notes Money Market Mutual Funds Mortgage Pass-throughs and Asset Backed Securities Local Agency Investment Fund (LAIF) Local Government Investment Pools Prohibited Securities Callable Securities Maximum Issuer Maximum maturity "A" rated or better by two NRSROs; 30% maximum; 5% max per issuer; Include bonds of the City, the State of California, any other state, and any local agency within the State of California; Bonds will be registered in the name of the City or held Complies under a custodial agreement at a bank. No Limitation Complies No Limitation Complies "AA" rated category or higher by a NRSRO; 30% maximum; 10% max per issuer; U.S. dollar denominated senior unsecured unsubordinated obligations issued or unconditionally guaranteed by IBRD, IFC, IADB "A-1" short-term debt rated or higher by at least two NRSROs; and "A" long term debt rated by two NRSROs; 40% maximum; 5% max per issuer; 180 days max maturity "A-1" rated or higher by at least two NRSROs; and "A" rated long term debt by two NRSROs; 25% maximum; 5% max per issuer; 270 days max maturity; Issuer is a corporation organized and operating in the U.S. with assets > $500 million. s Amount per institution limited to the max covered under FDIC; 30% maximum combined certificates of deposit including CDARS "A" long-term debt rated or higher by at least two NRSROs; and/or "Al" short-term debt rated or higher by at least two NRSROs; 30% maximum; 5% max per issuer "A" rated category or better by at least two NRSROs; 30% maximum; 5% max per issuer; Issued by corporations organized and operating within the U.S. or by depository institutions licensed by U.S. or any state and operating within the U.S. Highest rating or AAA rated or equivalent by at least two NRSROs; 20% maximum; SEC registered with assets under management in excess of $500 million "AA" rating category or better by a NRSRO; 20% maximum Maximum permitted amount in LAIF; Currently not used by investment adviser San Diego County Investment Pool Inverse floaters; Ranges notes; Interest -only strips from mortgaged backed securities; Zero interest accrual securities; Reverse Repurchase Agreements; Foreign currency denominated sec 20% maximum (does not include "make whole call" securities) 5% max per issuer, except as noted in Section VIII of the investment policy 5 years Complies Complies Complies Complies Complies Complied at time of purchase* Complies Complies Complies Complies Complies Complies Complies Complies *Complied at time of purchase: Oracle rated Baal/A/BBB+; Moody's downgraded to Baa2 and Fitch to BBB+ (3/22/21) 358 of 472 City of National City Account #10162 Reconciliation Summary As of March 31, 2021 BOOK VALUE RECONCILIATION BEGINNING BOOK VALUE Acquisition + Security Purchases + Money Market Fund Purchases + Money Market Contributions + Security Contributions + Security Transfers Total Acquisitions $1,049,966.65 $1,018,058.69 $74,365.08 $0.00 $0.00 $31,607,009.17 Dispositions - Security Sales - Money Market Fund Sales - MMF Withdrawals - Security Withdrawals - Security Transfers - Other Dispositions - Maturites - Calls - Principal Paydowns Total Dispositions $827,205.47 $1,051,736.65 $76,690.08 $0.00 $0.00 $0.00 $90,000.00 $0.00 $39,648.55 $2,142,390.42 $2,085,280.75 Amortization/Accretion +/- Net Accretion $0.00 $0.00 Gain/Loss on Dispositions +/- Realized Gain/Loss $11,049.69 ENDING BOOK VALUE $11,049.69 $31,675,168.53 CAI CASH TRANSACTION SUMMARY BEGINNING BALANCE Acquisition Contributions Security Sale Proceeds Accrued Interest Received Interest Received Dividend Received Principal on Maturities Interest on Maturities Calls/Redemption (Principal) Interest from Calls/Redemption Principal Paydown Total Acquisitions Dispositions Withdrawals Security Purchase Accrued Interest Paid Total Dispositions $74,365.08 $827,205.47 $4,782.00 $56,419.86 $2.81 $90,000.00 $0.00 $0.00 $0.00 $39,648.55 $1,092,423.77 $76,690.08 $1,049,966.65 $1,770.00 $1,128,426.73 $159,077.54 ENDING BOOK VALUE $123,074.58 Chandler Asset Management - CONFIDENTIAL Paee 3 Execution Time: 4/1/202_ 359 of 472 City of National City Account #10162 Income Earned As of March 31, 2021 CM Trade Date CUSIP Security Description Settle Date Units Book Value: Begin Book Value: Acq Book Value: Disp Book Value: End Prior Accrued Accr. Of Discount Inc. Received Amort. Of Premium Ending Accrued Net Accret/Amort Total Interest Income Earned Total Income FIXED INCOME 037833AK6 06051GEU9 Apple Inc Note 2.4% Due 05/03/2023 Bank of America Corp Note 3.3% Due 01/11/2023 Various Various 700,000.00 700,739.00 0.00 0.00 700,739.00 5,506.67 0.00 6,906.67 1,400.00 0.00 0.00 0.00 1,400.00 12/27/2018 393,500.00 1,833.33 0.00 12/31/2018 0.00 0.00 0.00 400,000.00 0.00 2,933.33 0.00 393,500.00 1,100.00 1,100.00 1,400.00 1,100.00 06406RAA5 Bank of NY Mellon Corp Callable Note Cont 1/7/2022 2.6% Due 02/07/2022 08/14/2018 392,152.00 693.33 0.00 08/16/2018 0.00 0.00 0.00 400,000.00 0.00 1,560.00 0.00 392,152.00 866.67 866.67 866.67 084670BR8 Berkshire Hathaway Callable Note Cont 1/15/2023 2.75% Due 03/15/2023 08/26/2019 412,068.00 5,072.22 0.00 08/28/2019 0.00 5,500.00 0.00 400,000.00 0.00 488.89 0.00 412,068.00 916.67 916.67 916.67 24422EUR8 24422EVN6 John Deere Capital Corp Note 3.45% Due 01/10/2024 John Deere Capital Corp Note 0.45% Due 01/17/2024 03/14/2019 408,860.00 1,955.00 0.00 03/18/2019 0.00 0.00 0.00 400,000.00 0.00 3,105.00 0.00 408,860.00 1,150.00 1,150.00 1,150.00 03/01/2021 0.00 0.00 0.00 03/04/2021 274,804.75 0.00 0.00 275,000.00 0.00 92.81 0.00 274,804.75 92.81 92.81 92.81 3130A0F70 FHLB Note 3.375% Due 12/08/2023 01/30/2019 540,734.25 4,085.16 0.00 01/31/2019 0.00 0.00 0.00 525,000.00 0.00 5,561.72 0.00 540,734.25 1,476.56 1,476.56 1,476.56 3130A1XJ2 FHLB Note 2.875% Due 06/14/2024 Various 605,009.60 3,566.60 0.00 Various 0.00 0.00 0.00 580,000.00 0.00 4,956.18 0.00 605,009.60 1,389.58 1,389.58 3130A2UW4 FHLB 10/29/2019 315,474.00 4,025.00 0.00 Note 10/30/2019 0.00 4,312.50 0.00 2.875% Due 09/13/2024 300,000.00 0.00 431.25 0.00 315,474.00 718.75 718.75 1,389.58 718.75 Chandler Asset Management - CONFIDENTIAL Page 17 Execution Time: 4/1/202: 360 of 472 City of National City Account #10162 Income Earned As of March 31, 2021 CAI Trade Date CUSIP Security Description Settle Date Units Book Value: Begin Book Value: Acq Book Value: Disp Book Value: End Prior Accrued Inc. Received Ending Accrued Total Interest Accr. Of Discount Amort. Of Premium Net Accret/Amort Income Earned Total Income 3130A3KM5 FHLB Note 2.5% Due 12/09/2022 3130AABG2 FHLB Note 1.875% Due 11/29/2021 09/10/2019 09/13/2019 575,000.00 03/08/2017 03/09/2017 565,000.00 591,174.75 0.00 0.00 591,174.75 3,274.31 0.00 4,472.22 1,197.91 0.00 0.00 0.00 1,197.91 1,197.91 559,044.90 0.00 0.00 559,044.90 2,707.29 0.00 3,590.10 882.81 0.00 0.00 0.00 882.81 882.81 313378WG2 FHLB 03/13/2018 596,646.00 7,083.33 0.00 Note 03/14/2018 0.00 7,500.00 0.00 2.5% Due 03/11/2022 600,000.00 0.00 833.33 0.00 596, 646.00 1,250.00 1,250.00 1,250.00 313379Q69 FHLB Note 2.125% Due 06/10/2022 06/20/2017 607,110.00 2,868.75 0.00 06/21/2017 0.00 0.00 0.00 600,000.00 0.00 3,931.25 0.00 607,110.00 1,062.50 1,062.50 1,062.50 3133ELWD2 FFCB 04/03/2020 564,163.80 841.61 0.00 Note 04/08/2020 0.00 0.00 0.00 0.375% Due 04/08/2022 565,000.00 0.00 1,018.18 0.00 564,163.80 176.57 176.57 3135G04Q3 FNMA Note 0.25% Due 05/22/2023 176.57 05/20/2020 643,058.55 443.44 0.00 05/22/2020 0.00 0.00 0.00 645,000.00 0.00 577.81 0.00 643,058.55 134.37 134.37 134.37 3135G05G4 FNMA 07/08/2020 558,796.00 198.33 0.00 Note 07/10/2020 0.00 0.00 0.00 0.25% Due 07/10/2023 560,000.00 0.00 315.00 0.00 558,796.00 116.67 116.67 116.67 3135G06H1 FNMA Note 0.25% Due 11/27/2023 11/23/2020 579,338.80 386.67 0.00 11/25/2020 0.00 0.00 0.00 580,000.00 0.00 507.50 0.00 579,338.80 120.83 120.83 3135G0N82 FNMA Note 1.25% Due 08/17/2021 01/26/2017 425,444.80 213.89 0.00 01/31/2017 0.00 0.00 0.00 440,000.00 0.00 672.22 0.00 425,444.80 458.33 458.33 120.83 458.33 Chandler Asset Management - CONFIDENTIAL Page 18 Execution Time: 4/1/202: 361 of 472 City of National City Account #10162 Income Earned As of March 31, 2021 Trade Date CUSIP Security Description Settle Date Units Book Value: Begin Book Value: Acq Book Value: Disp Book Value: End Prior Accrued Inc. Received Ending Accrued Total Interest Accr. Of Discount Amort. Of Premium Net Accret/Amort Income Earned Total Income 3135G0T78 3135G0U27 FNMA Note 2% Due 10/05/2022 FNMA Note 2.5% Due 04/13/2021 12/12/2017 12/13/2017 500,000.00 494, 215.00 0.00 0.00 494, 215.00 4,055.56 0.00 4,888.89 833.33 0.00 0.00 0.00 833.33 833.33 07/23/2018 07/24/2018 300,000.00 297,771.00 0.00 0.00 297,771.00 2,875.00 0.00 3,500.00 625.00 0.00 0.00 0.00 625.00 625.00 3135G0W33 FNMA 09/05/2019 622,825.00 4,177.52 0.00 Note 09/06/2019 0.00 4,296.88 0.00 1.375% Due 09/06/2022 625,000.00 0.00 596.79 0.00 622,825.00 716.15 716.15 716.15 3135G0X24 FNMA Note 1.625% Due 01/07/2025 01/16/2020 623,050.00 1,523.44 0.00 01/17/2020 0.00 0.00 0.00 625,000.00 0.00 2,369.79 0.00 623,050.00 846.35 846.35 846.35 3137EADB2 FHLMC Note 2.375% Due 01/13/2022 3137EAEN5 FHLMC Note 2.75% Due 06/19/2023 Various 585,310.00 1,820.83 0.00 Various 0.00 0.00 0.00 575,000.00 0.00 2,958.86 0.00 585, 310.00 1,138.03 1,138.03 11/26/2018 593,214.00 3,300.00 0.00 11/27/2018 0.00 0.00 0.00 600,000.00 0.00 4,675.00 0.00 593,214.00 1,375.00 1,375.00 1,138.03 1,375.00 3137EAEPO FHLMC Note 1.5% Due 02/12/2025 06/04/2020 652,443.75 494.79 0.00 06/05/2020 0.00 0.00 0.00 625,000.00 0.00 1,276.04 0.00 652,443.75 781.25 781.25 781.25 3137EAER6 FHLMC Note 0.375% Due 05/05/2023 05/05/2020 599,748.00 725.00 0.00 05/07/2020 0.00 0.00 0.00 600,000.00 0.00 912.50 0.00 599,748.00 187.50 187.50 3137EAEV7 FHLMC Note 0.25% Due 08/24/2023 08/27/2020 899,037.00 43.75 0.00 08/31/2020 0.00 0.00 0.00 900,000.00 0.00 231.25 0.00 899,037.00 187.50 187.50 187.50 187.50 Chandler Asset Management - CONFIDENTIAL Page 19 Execution Time: 4/1/202: 362 of 472 City of National City Account #10162 Income Earned As of March 31, 2021 Citt Trade Date CUSIP Security Description Settle Date Units Book Value: Begin Book Value: Acq Book Value: Disp Book Value: End Prior Accrued Inc. Received Ending Accrued Total Interest Accr. Of Discount Amort. Of Premium Net Accret/Amort Income Earned Total Income 3137EAEX3 FHLMC Note 0.375% Due 09/23/2025 3137EAEY1 FHLMC Note 0.125% Due 10/16/2023 09/24/2020 09/25/2020 450,000.00 448,857.00 0.00 0.00 448,857.00 731.25 834.38 37.50 140.63 0.00 0.00 0.00 140.63 140.63 10/14/2020 10/16/2020 630,000.00 627,650.10 0.00 0.00 627,650.10 295.31 0.00 360.94 65.63 0.00 0.00 0.00 65.63 65.63 3137EAEZ8 FHLMC Note 0.25% Due 11/06/2023 11/17/2020 649,467.00 523.61 0.00 11/18/2020 0.00 0.00 0.00 650,000.00 0.00 659.03 0.00 649,467.00 135.42 135.42 135.42 369550BE7 General Dynamics Corp Note 3% Due 05/11/2021 Various 397,216.30 3,666.66 0.00 Various 0.00 0.00 0.00 400,000.00 0.00 4,666.66 0.00 397,216.30 1,000.00 1,000.00 1,000.00 43813GAC5 Honda Auto Receivables Trust 2021-1 A3 0.27% Due 04/21/2025 43813KAC6 Honda Auto Receivables Trust 2020-3 A3 0.37% Due 10/18/2024 02/17/2021 79,998.54 4.20 0.00 02/24/2021 0.00 16.20 0.00 80,000.00 0.00 6.00 0.00 79, 998.54 18.00 18.00 18.00 09/22/2020 249,963.28 33.40 0.00 09/29/2020 0.00 77.08 0.00 250,000.00 0.00 33.40 0.00 249,963.28 77.08 77.08 77.08 43813RAC1 Honda Auto Receivables 2020-1 A3 1.61% Due 04/22/2024 02/19/2020 69,986.28 31.31 0.00 02/26/2020 0.00 93.92 0.00 70,000.00 0.00 31.31 0.00 69,986.28 93.92 93.92 93.92 43814UAG4 Honda Auto Receivables Trust 2018-2 A3 3.01% Due 05/18/2022 05/22/2018 45,089.82 49.01 0.00 05/30/2018 0.00 113.10 0.00 36,256.24 8,834.37 39.41 0.00 36,255.45 103.50 103.50 103.50 43815HAC1 Honda Auto Receivables Trust 2018-3 A3 2.95% Due 08/22/2022 08/21/2018 88,854.96 72.82 0.00 08/28/2018 0.00 218.47 0.00 77,611.64 11,253.97 63.60 0.00 77,600.99 209.25 209.25 209.25 Chandler Asset Management - CONFIDENTIAL Page 20 Execution Time: 4/1/202: 363 of 472 City of National City Account #10162 Income Earned As of March 31, 2021 CA% Trade Date CUSIP Security Description Settle Date Units Book Value: Begin Book Value: Acq Book Value: Disp Book Value: End Prior Accrued Inc. Received Ending Accrued Total Interest Accr. Of Discount Amort. Of Premium Net Accret/Amort Income Earned Total Income 43815NAC8 Honda Auto Receivables Trust 2019-3 A3 1.78% Due 08/15/2023 459058GQ0 Intl. Bank Recon & Development Note 2.5% Due 03/19/2024 08/20/2019 08/27/2019 100,000.00 99,999.17 0.00 0.00 99,999.17 79.11 148.33 79.11 148.33 01/26/2021 481,473.00 01/28/2021 0.00 450,000.00 0.00 481,473.00 0.00 0.00 0.00 148.33 148.33 5,062.50 5,625.00 375.00 937.50 0.00 0.00 0.00 937.50 937.50 459058J M 6 Intl. Bank Recon & Development Note 0.25% Due 11/24/2023 11/17/2020 319,312.00 215.56 0.00 11/24/2020 0.00 0.00 0.00 320,000.00 0.00 282.22 0.00 319,312.00 66.66 66.66 66.66 46625HJE1 JP Morgan Chase Note 3.25% Due 09/23/2022 12/19/2019 413,076.00 5,705.56 0.00 12/24/2019 0.00 6,500.00 0.00 400,000.00 0.00 288.89 0.00 413,076.00 1,083.33 1,083.33 1,083.33 477870AC3 John Deere Owner Trust 2019-B A3 2.21% Due 12/15/2023 47787NAC3 07/16/2019 114,975.59 112.96 0.00 07/24/2019 0.00 211.79 0.00 107,505.50 7,492.91 105.59 0.00 107,482.68 204.42 204.42 204.42 John Deere Owner Trust 2020-B A3 0.51% Due 11/15/2024 07/14/2020 74,988.57 17.00 0.00 07/22/2020 0.00 31.88 0.00 75,000.00 0.00 17.00 0.00 74,988.57 31.88 31.88 31.88 47788UAC6 John Deere Owner Trust 2021-A A3 0.36% Due 09/15/2025 03/02/2021 0.00 0.00 0.00 03/10/2021 114,977.90 0.00 0.00 115,000.00 0.00 24.15 0.00 114,977.90 24.15 24.15 24.15 47789KAC7 John Deere Owner Trust 2020-A A3 1.1% Due 08/15/2024 03/04/2020 169,989.61 83.11 0.00 03/11/2020 0.00 155.83 0.00 170,000.00 0.00 83.11 0.00 169,989.61 155.83 155.83 155.83 65479JAD5 Nissan Auto Receivables Owner 2019-C A3 1.93% Due 07/15/2024 10/16/2019 359,980.99 308.80 0.00 10/23/2019 0.00 579.00 0.00 360,000.00 0.00 308.80 0.00 359,980.99 579.00 579.00 579.00 Chandler Asset Management - CONFIDENTIAL Page 21 Execution Time: 4/1/202: 364 of 472 City of National City Account #10162 Income Earned As of March 31, 2021 Trade Date CUSIP Security Description Settle Date Units Book Value: Begin Book Value: Acq Book Value: Disp Book Value: End Prior Accrued Inc. Received Ending Accrued Total Interest Accr. Of Discount Amort. Of Premium Net Accret/Amort Income Earned Total Income 68389XBK0 Oracle Corp Callable Note Cont 8/15/2021 1.9% Due 09/15/2021 69353RFE3 PNC Bank Callable Note Cont 6/28/2022 2.45% Due 07/28/2022 10/26/2017 10/31/2017 400,000.00 395,816.00 0.00 0.00 395,816.00 3,504.44 3,800.00 337.78 633.34 0.00 0.00 0.00 633.34 633.34 04/24/2018 04/26/2018 400,000.00 385,792.00 0.00 0.00 385,792.00 898.33 0.00 1,715.00 816.67 0.00 0.00 0.00 816.67 816.67 808513BN4 Charles Schwab Corp Callable Note Cont 2/18/2024 0.75% Due 03/18/2024 03/16/2021 0.00 0.00 0.00 03/18/2021 184,907.50 0.00 0.00 185,000.00 0.00 50.10 0.00 184,907.50 50.10 50.10 50.10 857477AV5 State Street Bank Note 1.95% Due 05/19/2021 07/12/2017 396,056.00 2,210.00 0.00 07/17/2017 0.00 0.00 0.00 400,000.00 0.00 2,860.00 0.00 396,056.00 650.00 650.00 650.00 89232HAC9 Toyota Auto Receivable Own 2020-A A3 1.66% Due 05/15/2024 06/17/2020 245,531.25 177.07 0.00 06/19/2020 0.00 332.00 0.00 240,000.00 0.00 177.07 0.00 245,531.25 332.00 332.00 89236TFS9 Toyota Motor Credit Corp Note 3.35% Due 01/08/2024 332.00 05/20/2019 411,444.00 1,972.78 0.00 05/22/2019 0.00 0.00 0.00 400,000.00 0.00 3,089.44 0.00 411,444.00 1,116.66 1,116.66 1,116.66 89236XAC0 Toyota Auto Receivables 2020-D A3 0.35% Due 01/15/2025 10/06/2020 99,981.37 15.56 0.00 10/13/2020 0.00 29.17 0.00 100,000.00 0.00 15.56 0.00 99,981.37 29.17 29.17 29.17 89237VAB5 Toyota Auto Receivables Trust 2020-C A3 0.44% Due 10/15/2024 07/21/2020 154,988.07 30.31 0.00 07/27/2020 0.00 56.83 0.00 155,000.00 0.00 30.31 0.00 154,988.07 56.83 56.83 56.83 89238KAD4 Toyota Auto Receivables Trust 2017-D A3 Due 01/18/2022 Various 12,030.52 8.41 0.00 Various 0.00 19.38 0.00 0.00 12,030.52 0.00 0.00 0.00 10.97 10.97 10.97 Chandler Asset Management - CONFIDENTIAL Page 22 Execution Time: 4/1/202: 365 of 472 City of National City Account #10162 Income Earned As of March 31, 2021 CM Trade Date CUSIP Security Description Settle Date Units Book Value: Begin Book Value: Acq Book Value: Disp Book Value: End Prior Accrued Inc. Received Ending Accrued Total Interest Accr. Of Discount Amort. Of Premium Net Accret/Amort Income Earned Total Income 89240BAC2 Toyota Auto Receivables Owners 2021-A A3 0.26% Due 05/15/2025 91159HHX1 US Bancorp Callable Note Cont 6/28/2024 2.4% Due 07/30/2024 02/02/2021 02/08/2021 290,000.00 289,946.18 0.00 0.00 289,946.18 48.17 77.49 33.51 62.83 0.00 0.00 0.00 62.83 62.83 03/25/2021 0.00 0.00 03/29/2021 475, 276.50 (1,770.00) 450,000.00 0.00 1,830.00 475,276.50 60.00 0.00 0.00 0.00 60.00 60.00 9128284D9 US Treasury Note 2.5% Due 03/31/2023 12/27/2018 448,505.86 4,697.80 0.00 12/28/2018 0.00 5,625.00 0.00 450,000.00 0.00 30.74 0.00 448,505.86 957.94 957.94 957.94 912828G53 US Treasury Note 1.875% Due 11/30/2021 08/28/2017 604,994.20 2,812.50 0.00 08/29/2017 0.00 0.00 0.00 600,000.00 0.00 3,770.60 0.00 604,994.20 958.10 958.10 958.10 912828L24 US Treasury Note 1.875% Due 08/31/2022 912828M80 US Treasury Note 2% Due 11/30/2022 09/06/2018 435,445.31 22.93 0.00 09/07/2018 0.00 0.00 0.00 450,000.00 0.00 733.70 0.00 435,445.31 710.77 710.77 710.77 04/11/2019 593,554.69 3,000.00 0.00 04/15/2019 0.00 0.00 0.00 600,000.00 0.00 4,021.98 0.00 593,554.69 1,021.98 1,021.98 1,021.98 912828Q37 US Treasury Note Due 03/31/2021 04/27/2017 221,414.81 1,174.45 0.00 04/28/2017 0.00 1,345.98 0.00 0.00 221,414.81 0.00 0.00 0.00 171.53 171.53 171.53 912828Q78 US Treasury Note 1.375% Due 04/30/2021 05/25/2017 494,650.11 2,298.00 0.00 05/31/2017 0.00 1,130.39 0.00 260,000.00 237,432.05 1,501.10 0.00 257,218.06 333.49 333.49 333.49 912828S76 US Treasury Note 1.125% Due 07/31/2021 08/28/2018 573,375.00 540.75 0.00 08/29/2018 0.00 0.00 0.00 600,000.00 0.00 1,118.78 0.00 573,375.00 578.03 578.03 578.03 Chandler Asset Management - CONFIDENTIAL Page 23 Execution Time: 4/1/202: 366 of 472 City of National City Account #10162 Income Earned As of March 31, 2021 Trade Date CUSIP Security Description Settle Date Units Book Value: Begin Book Value: Acq Book Value: Disp Book Value: End Prior Accrued Inc. Received Ending Accrued Total Interest Accr. Of Discount Amort. Of Premium Net Accret/Amort Income Earned Total Income 912828TY6 US Treasury Note 1.625% Due 11/15/2022 912828V72 US Treasury Note 1.875% Due 01/31/2022 03/03/2020 03/04/2020 600,000.00 614,484.38 0.00 0.00 614,484.38 09/17/2018 435,744.14 09/18/2018 0.00 450,000.00 0.00 435,744.14 2,854.97 0.00 3,689.92 834.95 0.00 0.00 0.00 834.95 834.95 675.93 0.00 1,398.48 722.55 0.00 0.00 0.00 722.55 722.55 912828W71 US Treasury Note 2.125% Due 03/31/2024 12/05/2019 229,640.63 1,996.57 0.00 12/06/2019 0.00 2,390.63 0.00 225,000.00 0.00 13.06 0.00 229, 640.63 407.12 407.12 407.12 912828W89 US Treasury Note 1.875% Due 03/31/2022 04/26/2018 580,593.75 4,697.80 0.00 04/30/2018 0.00 5,625.00 0.00 600,000.00 0.00 30.74 0.00 580,593.75 957.94 957.94 957.94 912828WE6 US Treasury Note 2.75% Due 11/15/2023 912828WN6 US Treasury Note 2% Due 05/31/2021 07/22/2019 624,000.00 4,831.49 0.00 07/23/2019 0.00 0.00 0.00 600,000.00 0.00 6,244.48 0.00 624,000.00 1,412.99 1,412.99 1,412.99 04/29/2019 546,755.86 2,750.00 0.00 04/30/2019 0.00 2,868.13 0.00 100,000.00 447,345.70 670.33 0.00 99,410.16 788.46 788.46 788.46 912828ZA1 US Treasury Note 1.125% Due 02/28/2022 03/24/2020 709,925.78 21.40 0.00 03/25/2020 0.00 0.00 0.00 700,000.00 0.00 684.78 0.00 709,925.78 663.38 663.38 663.38 912828ZD5 US Treasury Note 0.5% Due 03/15/2023 03/24/2020 676,476.56 1,556.98 0.00 03/25/2020 0.00 1,687.50 0.00 675,000.00 0.00 155.91 0.00 676,476.56 286.43 286.43 912828ZT0 US Treasury Note 0.25% Due 05/31/2025 02/25/2021 665,112.30 421.88 0.00 02/26/2021 0.00 0.00 0.00 675,000.00 0.00 565.59 0.00 665,112.30 143.71 143.71 286.43 143.71 Chandler Asset Management - CONFIDENTIAL Page 24 Execution Time: 4/1/202: 367 of 472 City of National City Account #10162 Income Earned As of March 31, 2021 CM Trade Date CUSIP Security Description Settle Date Units Book Value: Begin Book Value: Acq Book Value: Disp Book Value: End Prior Accrued Inc. Received Ending Accrued Total Interest Accr. Of Discount Amort. Of Premium Net Accret/Amort Income Earned Total Income 91282CBA8 US Treasury Note 0.125% Due 12/15/2023 91282CBE0 US Treasury Note 0.125% Due 01/15/2024 12/28/2020 12/29/2020 700,000.00 01/28/2021 01/29/2021 550,000.00 698,824.22 0.00 0.00 698,824.22 182.69 0.00 257.21 74.52 0.00 0.00 0.00 74.52 74.52 548,990.23 0.00 0.00 548,990.23 85.46 0.00 144.34 58.88 0.00 0.00 0.00 58.88 58.88 931142E18 Wal-Mart Stores Note 3.125% Due 06/23/2021 07/02/2018 402,052.00 2,361.11 0.00 07/05/2018 0.00 0.00 0.00 400,000.00 0.00 3,402.78 0.00 402,052.00 1,041.67 1,041.67 1,041.67 Total Fixed Income 31,456,373.38 31,447,931.63 1,049,966.65 945,804.33 31,552,093.95 126,610.77 59,431.86 109,397.59 42,218.68 0.00 0.00 0.00 42,218.68 42,218.68 CASH & EQUIVALENT 60934N807 Federated Investors 02/16/2021 159,077.54 0.00 0.00 Govt Oblig Fund Inst. 02/16/2021 632,711.52 2.81 0.00 123,074.58 668,714.48 0.00 0.00 123,074.58 2.81 2.81 2.81 Total Cash & Equivalent 123,074.58 159,077.54 632,711.52 668,714.48 123,074.58 0.00 2.81 0.00 2.81 0.00 0.00 0.00 2.81 2.81 31,607,009.17 1,682,678.17 1,614,518.81 TOTAL PORTFOLIO 31,579,447.96 31,675,168.53 126,610.77 59,434.67 109,397.59 42,221.49 0.00 0.00 0.00 42,221.49 42,221.49 Chandler Asset Management - CONFIDENTIAL Page 25 Execution Time: 4/1/202: 368 of 472 COUNTY OF'�AN D E6D I ESTIWENT POOL MAR TREASURY INSTMENT RESULTS 1 2021 County of San Diego Treasurer -Tax Collector 11600 Pacific Hwy, San Diego, CA 92101 j www.sdttc. 369 of 472 PARTICIPANT PARTICIPANT CASH BALANCES County of San Diego Pooled Money Fund As of March 31, 2021 ($000) FMV FMV FMV % of 01/31/21 02/28/21 FMV 03/31/21 Total PARTICIPANT 01/31/21 COUNTY COUNTY - SPECIAL TRUST FUNDS NON -COUNTY INVESTMENT FUNDS SCHOOLS - (K THRU 12) COMMUNITY COLLEGES San Diego Grossmont-Cuyamaca MiraCosta Palomar Southwestern Total Community Colleges FIRST 5 COMMISSION SANCAL SDCERA CITIES Chula Vista Coronado Del Mar El Cajon Encinitas National City Oceanside* Solana Beach* INDEPENDENT AGENCIES Air Pollution Control District Alpine FPD Bonita-Sunnyside FPD Borrego Springs FPD Canebrake County Water District Deer Springs FPD Fallbrook Public Utility District Grossmont Healthcare District Julian-Cuyamaca FPD Lake Cuyamaca Rec & Park District Lakeside FPD 1,293,987 2,508,656 129,282 5,659,043 164,202 140,383 365,751 246,110 158,381 1,074,827 47,084 30 2,140 81,275 38,183 2,772 1 4,204 36,369 0 0 0 2,003 6,356 1,596 55 14,209 0 2 516 66 8,943 1,353,335 2,452,933 136,633 5,233,983 129,144 137,871 355,425 231,957 137,868 992,265 44,706 33 7,752 141,836 38,319 2,783 1 4,220 36,512 0 0 0 1,911 5,097 1,504 55 13,254 0 2 518 452 9,077 1,768,052 2,335,530 142,799 5,148,957 117,938 134,617 346,637 230,238 175,469 1,004,898 15.30% 20.21% 1.24% 44.55% 1.03% 1.16% 3.00% 1.99% 1.52% 8.69% 47,820 0.41% 33 0.00% 2,156 0.02% 149,223 53,131 2,769 0 4,200 36,332 0 0 70,571 2,035 5,177 1,370 55 13,348 0 2 516 435 8,175 1.29% 0.46% 0.02% 0.00% 0.04% 0.31% 0.00% 0.00% 0.61% 0.02% 0.04% 0.01% 0.00% 0.12% 0.00% 0.00% 0.00% 0.00% 0.07% FMV 02/28/21 FMV % of 03/31/21 Total Leucadia Wastewater District Lower Sweetwater FPD Metropolitan Transit System Mission Resource Conservation District North County Transit District North County Cemetery District North County Dispatch North County FPD Otay Water District Palomar Health Care District* Pomerado Cemetery District Public Agencies Self -Insurance System Ramona Cemetery District Rancho Santa Fe FPD Resource Conservation District of Greater SD* Rincon del Diablo Municipal Water District SANDAG SD County Regional Airport Authority San Diego Housing Commission San Diego Geographic Information Source San Diego Law Library San Diego Local Agency Formation Comm San Diego Regional Training Center San Dieguito River Park San Marcos FPD San Miguel Consolidated FPD Santa Fe Irrigation District Serra Cooperative Library System Upper San Luis Rey Resource Consery Dist Vallecitos Water District Valley Center FPD Valley Center Cemetery District Valley Center Water District Vista FPD Whispering Palms Community Services District* Total Voluntary Participants 7,998 602 62,528 103 28,167 7,527 5,232 3,787 41,367 0 2,175 3,500 1,026 9,762 0 6,833 134,800 262,638 22,155 1,191 4,719 2,173 617 1,070 1 16,291 4,510 0 76 5,540 1,750 412 19,846 4,717 0 908,916 8,026 497 56,260 105 28,272 7,620 5,654 3,285 41,521 0 2,153 3,514 1,004 9,631 0 6,860 128,754 265,516 22,242 865 4,818 2,058 429 975 1 16,353 4,528 0 76 5,562 1,612 415 19,602 4,066 0 960,312 7,987 0.07% 506 0.00% 47,179 0.41% 100 0.00% 30,133 0.26% 7,594 0.07% 5,728 0.05% 2,973 0.03% 41,317 0.36% 0 0.00% 2,176 0.02% 3,497 0.03% 985 0.01% 8,456 0.07% 0 0.00% 6,826 0.06% 238,417 2.06% 273,833 2.37% 22,133 0.19% 816 0.01% 4,263 0.04% 1,909 0.02% 379 0.00% 953 0.01% 1 0.00% 15,842 0.14% 4,506 0.04% 0 0.00% 76 0.00% 5,535 0.05% 1,571 0.01% 414 0.00% 21,105 0.18% 4,046 0.04% 0 0.00% 1,158,603 10.02% Pooled Money Fund Total $ 11,574,711 $ 11,129,462 $ 11,558,840 100.00% * Footnote: The Oracle ending balances for these pool participants are under $500. Due to rounding, the FMV will show as zero even though there is an Oracle balance. 370 of 472 Below is the market price for March 2021. National City Conversion of Oracle Cash Balance to COSD Pool Market Price Month Ended March .31, 2021 COSD Pool Market Price COSD Pool Market Value National City percentage of MV share in COSD Pool Fund Description 44077 NATIONAL CITY INVESTMENT FUND Total for National City Oracle Cash Balance 36,331,720 36,331,720 Current Month 3/31/2021 Prior Month 2/28/2021 Pool VIM: 0.133 Prior Quarter 12/31/2020 Prior Year 3/.31 f 2020 100.002% 100.497% 100.543% 101.179% 11,558,839.912 11,129,461.448 12,366,4:34,:378 10,389,378,044 0.3143% 0.3281% 0.2947% 0. 3475% Market Value 36,332,456 36,332,456 Market Value 36,512,117 36,512,117 Market Value 36,441,433 36,441.433 Market Value 36,104, 777 36,104,777 Thank you, http://www.sdtreastax.com/" style='position:absolute;margin-left:0;margin-top:0;width:52.55pt;height:52.55pt;z- index:251659264;visibility:visible;mso-wrap-style:square;mso-width-percent:0;mso-height-percent:0;mso-wrap-distance-left:0;mso-wrap- distance-top:0;mso-wrap-distance-right:9pt;mso-wrap-distance-bottom:0;mso-position-horizontal:left;mso-position-horizontal- relative:text;mso-position-vertical:absolute;mso-position-vertical-relative:text;mso-width-percent:0;mso-height-percent:0;mso-width- relative:page;mso-height-relative:page' o:button="t"> Robabeh (Ruby) Vahedimanesh Student worker San Diego County Treasurer -Tax Collector's Office Phone: 619.531.5809 I Fax: 619.531.6056 I www.sdttc.com 371 of 472 Good morning, Below is the market price for Feb 2021. National City Conversion of Oracle Cash Balance to COSD Pool Market Price Month Ended February 28, 2021 COED Pool MarketPrice COED Pool Market Value National City percentage of MV share in COSD Pool Fund Description 44077 NATIONAL CITY INVESTMENT FUND Total! for National City Oracle Cash Balance 36,331,720 95,331,720 Current Month 2/28/2021 100.497% Prior Month 1/31/2021 100.240% Pool YTM: 0.89 Prior Quarter 11/30/2020 100.540% Prior Year 2/29/2020 100.120% 11,129,461,448 11,574,711,077 10,524,410,956 10,166,427, 750 0.3281% 0. 3142% 0.3462% 0.3513% Market Value 36,512,117 36,512,117 Market Value 36,368,995 36,368,995 Market Value 36,440,429 36A40,429 Market Value 35,714,661 35,714,661 Thank you, http://www.sdtreastax.com/" style='position:absolute;margin-left:0;margin-top:0;width:52.55pt;height:52.55pt;z- index:251659264;visibility:visible;mso-wrap-style:square;mso-width-percent:0;mso-height-percent:0;mso-wrap-distance-left:0;mso-wrap- distance-top:0;mso-wrap-distance-right:9pt;mso-wrap-distance-bottom:0;mso-position-horizontal:left;mso-position-horizontal- relative:text;mso-position-vertical:absolute;mso-position-vertical-relative:text;mso-width-percent:0;mso-height-percent:0;mso-width- relative:page;mso-height-relative:page' o:button="t"> Robabeh (Ruby) Vahedimanesh Student worker San Diego County Treasurer -Tax Collector's Office Phone: 619.531.5809 1 Fax: 619.531.6056 1 www.sdttc.com 372 of 472 Below is the market price for January 2021. National City Conversion of Oracle Cash Balance to COSD Pool Market Price Month Ended January :31, 2021 COSD Pool Market Price COSO Pool Market Value National City percentage of MV share in CAS. Pool Fund Description Oracle Cash Balance 44077 NATIONAL CITY INVESTMENT FUND 36,221,918 Total for National City 36,281,916 Current Month 1/31/2021 Prior Month 12/31/2020 Pool YTM: 0.894 Prior quarter 10/31/2020 Prior Year 1/31/2020 100.240% 100, 543% 100.636% 100.284%I 11,574,711,077 12,366,434,378 10,280,461,837 10,378,802,888 0.3142% 0,2947% 0, 3544% 0.3452% Market Value 36,362,995 36,368,995 Market Value 36,441,433 36,441,433 Market Value 36,434,565 36,434,565 Market Value 35,825,247 35,825,247 Thank you, http://www.sdtreastax.com/" style='position:absolute;margin-left:0;margin-top:0;width:52.55pt;height:52.55pt;z- index:251659264;visibility:visible;mso-wrap-style:square;mso-width-percent:0;mso-height-percent:0;mso-wrap-distance-left:0;mso-wrap- distance-top:0;mso-wrap-distance-right:9pt;mso-wrap-distance-bottom:0;mso-position-horizontal:left;mso-position-horizontal- relative:text;mso-position-vertical:absolute;mso-position-vertical-relative:text;mso-width-percent:0;mso-height-percent:0;mso-width- relative:page;mso-height-relative:page' o:button="t"> Robabeh (Ruby) Vahedimanesh Student worker San Diego County Treasurer -Tax Collector's Office Phone: 619.531.5809 1 Fax: 619.531.6056 1 www.sdttc.com SIGN UP for e-NOTIFICATIONS 1 IMP 373 of 472 5/3/2021 LAIF Regular Monthly Statement > :adifornia State Treasurer Fiona Ma, CPA Local Agency Investment Fund P.O. Box 942809 Sacramento, CA 94209-0001 (916) 653-3001 CITY OF NATIONAL CITY FINANCE DIRECTOR 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91950-4397 Account Number: 98-37-576 March 2021 Statement Account Summary Total Deposit: Total Withdrawal: May 03, 2021 LAIF Home PMIA Average Monthly Yields Tran Type Definitions 0.00 Beginning Balance: 0.00 Ending Balance: 10,468,211.02 10,468,211.02 https://laifms.treasurer.ca.gov/RegularStatementaspx 374 of 472 3/30/2021 LAIF Regular Monthly Statement California State Treasurer Fiona Ma, CPA Local Agency Investment Fund P.O. Box 942809 Sacramento, CA 94209-0001 (916) 653-3001 CITY OF NATIONAL CITY FINANCE DIRECTOR 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91950-4397 Account Number: 98-37-576 February 2021 Statement ran Effective Transaction Type Confirm Date Date Type Number 2/25/2021 2/24/2021 RD 1668327 Account Summary Total Deposit: Total Withdrawal: March 30, 2021 LAIF Home PMIA Average Monthly Yields Web Confirm Number N/A PHILLIP DAVIS 5,500,000.00 Beginning Balance: 0.00 Ending Balance: Tran Type Definitions Authorized Caller Amount 5,500,000.00 4,968,211.02 10,468,211.02 https://laifms.treasurer.ca.gov/RegularStatement.aspx 375 of 472 2/9/2021 LAIF Regular Monthly Statement California State Treasurer Fiona Ma, CPA Local Agency Investment Fund P.O. Box 942809 Sacramento, CA 94209-0001 (916) 653-3001 CITY OF NATIONAL CITY FINANCE DIRECTOR 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91950-4397 Account Number: 98-37-576 January 2021 Statement ran Effective Transaction Type Confirm Date Date Type Number 1/15/2021 1/14/2021 QRD 1665678 Account Summary Total Deposit: Total Withdrawal: February 09, 2021 LAIF Home PMIA Average Monthly Yields Tran Type Definitions Web Confirm Number Authorized Caller N/A SYSTEM 8,175.93 Beginning Balance: 0.00 Ending Balance: Amount 8,175.93 4,960,035.09 4,968,211.02 https://laifms.treasurer.ca.gov/RegularStatementaspx 376 of 472 5/24/2021 PMIA Average Monthly Effective Yields California State Treasurer Fiona Ma, CPA Home PMIA Home Contacts Time Deposits LAIF Home -» PMIA -» PMIA Average Monthly Effective Yields wYfsf r 5'6.,,.,e POOLED MONEY INVESTMENT ACCOUNT PMIA Average Monthly Effective Yields Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 1977 5.770 5.660 5.660 5.650 5.760 5.850 5.930 6.050 6.090 6.090 6.610 6.730 1978 6.920 7.050 7.140 7.270 7.386 7.569 7.652 7.821 7.871 8.110 8.286 8.769 1979 8.777 8.904 8.820 9.082 9.046 9.224 9.202 9.528 9.259 9.814 10.223 10.218 1980 10.980 11.251 11.490 11.480 12.017 11.798 10.206 9.870 9.945 10.056 10.426 10.961 1981 10.987 11.686 11.130 11.475 12.179 11.442 12.346 12.844 12.059 12.397 11.887 11.484 1982 11.683 12.044 11.835 11.773 12.270 11.994 12.235 11.909 11.151 11.111 10.704 10.401 1983 10.251 9.887 9.688 9.868 9.527 9.600 9.879 10.076 10.202 10.182 10.164 10.227 1984 10.312 10.280 10.382 10.594 10.843 11.119 11.355 11.557 11.597 11.681 11.474 11.024 1985 10.579 10.289 10.118 10.025 10.180 9.743 9.656 9.417 9.572 9.482 9.488 9.371 1986 9.252 9.090 8.958 8.621 8.369 8.225 8.141 7.844 7.512 7.586 7.432 7.439 1987 7.365 7.157 7.205 7.044 7.294 7.289 7.464 7.562 7.712 7.825 8.121 8.071 1988 8.078 8.050 7.945 7.940 7.815 7.929 8.089 8.245 8.341 8.397 8.467 8.563 1989 8.698 8.770 8.870 8.992 9.227 9.204 9.056 8.833 8.801 8.771 8.685 8.645 1990 8.571 8.538 8.506 8.497 8.531 8.538 8.517 8.382 8.333 8.321 8.269 8.279 1991 8.164 8.002 7.775 7.666 7.374 7.169 7.098 7.072 6.859 6.719 6.591 6.318 1992 6.122 5.863 5.680 5.692 5.379 5.323 5.235 4.958 4.760 4.730 4.659 4.647 1993 4.678 4.649 4.624 4.605 4.427 4.554 4.438 4.472 4.430 4.380 4.365 4.384 1994 4.359 4.176 4.248 4.333 4.434 4.623 4.823 4.989 5.106 5.243 5.380 5.528 1995 5.612 5.779 5.934 5.960 6.008 5.997 5.972 5.910 5.832 5.784 5.805 5.748 1996 5.698 5.643 5.557 5.538 5.502 5.548 5.587 5.566 5.601 5.601 5.599 5.574 1997 5.583 5.575 5.580 5.612 5.634 5.667 5.679 5.690 5.707 5.705 5.715 5.744 1998 5.742 5.720 5.680 5.672 5.673 5.671 5.652 5.652 5.639 5.557 5.492 5.374 1999 5.265 5.210 5.136 5.119 5.086 5.095 5.178 5.225 5.274 5.391 5.484 5.639 2000 5.760 5.824 5.851 6.014 6.190 6.349 6.443 6.505 6.502 6.517 6.538 6.535 2001 6.372 6.169 5.976 5.760 5.328 4.958 4.635 4.502 4.288 3.785 3.526 3.261 2002 3.068 2.967 2.861 2.845 2.740 2.687 2.714 2.594 2.604 2.487 2.301 2.201 2003 2.103 1.945 1.904 1.858 1.769 1.697 1.653 1.632 1.635 1.596 1.572 1.545 2004 1.528 1.440 1.474 1.445 1.426 1.469 1.604 1.672 1.771 1.890 2.003 2.134 2005 2.264 2.368 2.542 2.724 2.856 2.967 3.083 3.179 3.324 3.458 3.636 3.808 2006 3.955 4.043 4.142 4.305 4.563 4.700 4.849 4.946 5.023 5.098 5.125 5.129 2007 5.156 5.181 5.214 5.222 5.248 5.250 5.255 5.253 5.231 5.137 4.962 4.801 2008 4.620 4.161 3.777 3.400 3.072 2.894 2.787 2.779 2.774 2.709 2.568 2.353 2009 2.046 1.869 1.822 1.607 1.530 1.377 1.035 0.925 0.750 0.646 0.611 0.569 2010 0.558 0.577 0.547 0.588 0.560 0.528 0.531 0.513 0.500 0.480 0.454 0.462 2011 0.538 0.512 0.500 0.588 0.413 0.448 0.381 0.408 0.378 0.385 0.401 0.382 2012 0.385 0.389 0.383 0.367 0.363 0.358 0.363 0.377 0.348 0.340 0.324 0.326 2013 0.300 0.286 0.285 0.264 0.245 0.244 0.267 0.271 0.257 0.266 0.263 0.264 2014 0.244 0.236 0.236 0.233 0.228 0.228 0.244 0.260 0.246 0.261 0.261 0.267 2015 0.262 0.266 0.278 0.283 0.290 0.299 0.320 0.330 0.337 0.357 0.374 0.400 2016 0.446 0.467 0.506 0.525 0.552 0.576 0.588 0.614 0.634 0.654 0.678 0.719 2017 0.751 0.777 0.821 0.884 0.925 0.978 1.051 1.084 1.111 1.143 1.172 1.239 2018 1.350 1.412 1.524 1.661 1.755 1.854 1.944 1.998 2.063 2.144 2.208 2.291 2019 2.355 2.392 2.436 2.445 2.449 2.428 2.379 2.341 2.280 2.190 2.103 2.043 2020 1.967 1.912 1.787 1.648 1.363 1.217 0.920 0.784 0.685 0.620 0.576 0.540 Home I Open Government I Careers I Contact I Calendar Search https://www.treasurer.ca.gov/pmis-laif/historical/avg_mn_ylds.asp 377 of 472 5/24/2021 PMIA Average Monthly Effective Yields Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 2021 0.458 0.407 0.357 0.339 Home I Comments I Disclosure Notice I Privacy Notice 1 Accessibility Statement I Unclaimed Property I Site Map I Download Adobe Reader © 2021 California State Treasurer's Office https://www.treasurer. ca.g ov/pm is -la if/historica llavg_m n_yld s.asp 378 of 472 o4..toVESTik,, State of California W PMIA 9o Pooled Money Investment Account . 4.11" Market Valuation ,'fr1�4un;v'�`� 3/31/2021 Carrying Cost Plus Description Accrued Interest Purch. Amortized Cost Fair Value Accrued Interest United States Treasury: Bills $ 42,371,427,061.33 $ 42,386,167,504.27 $ 42,394,001,500.00 NA Notes $ 34,202,768,902.61 $ 34,199,307,567.32 $ 34,350,877,500.00 $ 77,660,969.50 Federal Agency: SBA $ 430,882,898.56 $ 430,882,898.56 $ 426,901,230.13 $ 183,183.66 MBS-REMICs $ 10,914,640.74 $ 10,914,640.74 $ 11,455,602.70 $ 50,572.13 Debentures $ 4,617,914,812.55 $ 4,616,241,436.15 $ 4,623,536,650.00 $ 6,528,067.50 Debentures FR $ - $ - $ - $ - Debentures CL $ 500,000,000.00 $ 500,000,000.00 $ 498,031,000.00 $ 360,389.00 Discount Notes $ 13,676,588,570.50 $ 13,680,511,421.91 $ 13,681,807,880.00 NA Supranational Debentures $ 946,090,189.30 $ 945,751,647.64 $ 944,944,800.00 $ 2,605,773.50 Supranational Debentures FR $ 200,054,814.69 $ 200,054,814.69 $ 200,100,339.85 $ 73,545.08 CDs and YCDs FR $ 400,000,000.00 $ 400,000,000.00 $ 400,014,000.00 $ 52,862.59 Bank Notes $ - $ - $ - $ - CDs and YCDs $ 14,700,000,000.00 $ 14,700,000,000.00 $ 14,699,439,806.13 $ 8,104,736.15 Commercial Paper $ 9,742,973,999.96 $ 9,745,946,875.03 $ 9,745,873,276.40 NA Corporate: Bonds FR $ - $ - $ - $ - Bonds $ 14,967,211.12 $ 14,967,211.12 $ 14,708,550.00 $ 15,458.40 Repurchase Agreements $ - $ - $ - $ - Reverse Repurchase $ - $ - $ - $ - Time Deposits $ 4,219,500,000.00 $ 4,219,500,000.00 $ 4,219,500,000.00 NA PMIA & GF Loans $ 693,695,000.00 $ 693,695,000.00 $ 693,695,000.00 NA TOTAL $ 126,727,778,101.36 $ 126,743,941,017.43 $ 126,904,887,135.21 $ 95,635,557.51 Fair Value Including Accrued Interest Repurchase Agreements, Time Deposits, AB 55 & General Fund loans, and Reverse Repurchase agreements are carried at portfolio book value (carrying cost). $ 127,000,522,692.72 The value of each participating dollar equals the fair value divided by the amortized cost (1.001269853). As an example: if an agency has an account balance of $20,000,000.00, then the agency would report its participation in the LAIF valued at $20,025,397.05 or $20,000,000.00 x 1.001269853. 379 of 472 5/3/2021 Untitled Page BETTY T. YEE California State Controller LOCAL AGENCY INVESTMENT FUND REMITTANCE ADVICE Agency Name NATIONAL CITY Account Number 98-37-576 As of 04/15/2021, your Local Agency Investment Fund account has been directly credited with the interest earned on your deposits for the quarter ending 03/31/2021. Earnings Ratio Interest Rate Dollar Day Total Quarter End Principal Balance Quarterly Interest Earned $ $ .00001214175683392 0.44% 639,524,528.78 10,468,211.02 7,764.95 https://laif.sco.ca.gov/Result.aspx 380 of 472 The following page(s) contain the backup material for Agenda Item: Investment transactions for the month ended April 30, 2021. (Finance) Please scroll down to view the backup material. 381 of 472 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 15, 2021 AGENDA ITEM NO.: ITEM TITLE: Investment transactions for the month ended April 30, 2021. PREPARED BY: Ray. Gatito DEPARTMENT: Finance 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 April 30, 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 April 30, 2021. BOARD / COMMISSION RECOMMENDATION: NA ATTACHMENTS: Investment Transaction Ledger 382 of 472 City of National City Consolidated Account#10218 Transaction Ledger As of April 30, 2021 CM Transaction Settlement Type Date CUSIP Quantity Security Description c Price Aq/Disp Yield Amount Interest Pur/Sold Total Amount Gain/Loss ACQUISITIONS Purchase 04/05/2021 60934N807 5,000.00 Federated Investors Govt Oblig Fund Inst. 1.000 0.01% 5,000.00 0.00 5,000.00 0.00 Purchase 04/05/2021 60934N807 2.58 Federated Investors Govt Oblig Fund 1.000 0.01% Inst. 2.58 0.00 2.58 0.00 Purchase 04/08/2021 60934N807 1,059.38 Federated Investors Govt Oblig Fund Inst. 1.000 0.01% 1,059.38 0.00 1,059.38 0.00 Purchase 04/13/2021 60934N807 300,000.00 Federated Investors Govt Oblig Fund 1.000 0.01% 300,000.00 0.00 300,000.00 0.00 Inst. Purchase 04/13/2021 60934N807 3,750.00 Federated Investors Govt Oblig Fund 1.000 0.01% 3,750.00 0.00 3,750.00 0.00 Inst. Purchase 04/15/2021 60934N807 402,807.14 Federated Investors Govt Oblig Fund 1.000 0.01% 402,807.14 0.00 402,807.14 0.00 Inst. Purchase 04/15/2021 60934N807 62.83 Federated Investors Govt Oblig Fund 1.000 0.01% 62.83 0.00 62.83 0.00 Inst. Purchase 04/15/2021 60934N807 148.33 Federated Investors Govt Oblig Fund 1.000 0.01% 148.33 0.00 148.33 0.00 Inst. Purchase 04/15/2021 60934N807 56.83 Federated Investors Govt Oblig Fund 1.000 0.01% 56.83 0.00 56.83 0.00 Inst. Purchase 04/15/2021 60934N807 29.17 Federated Investors Govt Oblig Fund 1.000 0.01% 29.17 0.00 29.17 0.00 Inst. Purchase 04/15/2021 60934N807 332.00 Federated Investors Govt Oblig Fund 1.000 0.01% 332.00 0.00 332.00 0.00 Inst. Purchase 04/15/2021 60934N807 579.00 Federated Investors Govt Oblig Fund 1.000 0.01% 579.00 0.00 579.00 0.00 Inst. Purchase 04/15/2021 60934N807 155.83 Federated Investors Govt Oblig Fund 1.000 0.01% 155.83 0.00 155.83 0.00 Inst. Purchase 04/15/2021 60934N807 45.76 Federated Investors Govt Oblig Fund 1.000 0.01% 45.76 0.00 45.76 0.00 Inst. Purchase 04/15/2021 60934N807 31.88 Federated Investors Govt Oblig Fund 1.000 0.01% 31.88 0.00 31.88 0.00 Inst. Purchase 04/15/2021 60934N807 10,581.92 Federated Investors Govt Oblig Fund 1.000 0.01% 10,581.92 0.00 10,581.92 Inst. 0.00 Chandler Asset Management - CONFIDENTIAL Page 9 Execution Time: 5/25/202_ 383 of 472 City of National City Consolidated Account#10218 Transaction Ledger As of April 30, 2021 CM Transaction Type Settlement Date CUSIP Quantity Security Description c Price Aq/Disp Yield Amount Interest Pur/Sold Total Amount Gain/Loss ACQUISITIONS Purchase 04/15/2021 90LAIF$00 7,764.95 Local Agency Investment Fund State Pool 1.000 0.35% 7,764.95 0.00 7,764.95 0.00 Purchase 04/16/2021 60934N807 393.75 Federated Investors Govt Oblig Fund Inst. 1.000 0.01% 393.75 0.00 393.75 0.00 Purchase 04/19/2021 60934N807 77.08 Federated Investors Govt Oblig Fund Inst. 1.000 0.01% 77.08 0.00 77.08 0.00 Purchase 04/19/2021 60934N807 9,975.96 Federated Investors Govt Oblig Fund Inst. 1.000 0.01% 9,975.96 0.00 9,975.96 0.00 Purchase 04/21/2021 60934N807 93.92 Federated Investors Govt Oblig Fund Inst. 1.000 0.01% 93.92 0.00 93.92 0.00 Purchase 04/21/2021 60934N807 13,607.48 Federated Investors Govt Oblig Fund Inst. 1.000 0.01% 13, 607.48 0.00 13, 607.48 0.00 Purchase Purchase Purchase Purchase 04/23/2021 60934N807 04/30/2021 60934N807 18.00 Federated Investors Govt Oblig Fund Inst. 260,000.00 Federated Investors Govt Oblig Fund Inst. 04/30/2021 60934N807 04/30/2021 91282CBV2 1,787.50 Federated Investors Govt Oblig Fund Inst. 650,000.00 US Treasury Note 0.375% Due 4/15/2024 1.000 0.01% 18.00 1.000 0.01% 260,000.00 1.000 0.01% 1,787.50 100.090 0.34% 650,583.98 0.00 0.00 0.00 99.90 18.00 260,000.00 1,787.50 650,683.88 0.00 0.00 0.00 0.00 Subtotal 1,668,361.29 1,668,945.27 99.90 1,669,045.17 0.00 Security Contribution 04/30/2021 90SDCP$00 175,000.00 County of San Diego Pooled Investment 1.000 Pool 175,000.00 0.00 175,000.00 0.00 Subtotal 175,000.00 175,000.00 0.00 175,000.00 0.00 TOTAL ACQUISITIONS 1,843,361.29 1,843,945.27 99.90 1,844,045.17 0.00 DISPOSITIONS Sale 04/15/2021 68389XBK0 110,000.00 Oracle Corp Callable Note Cont 8/15/2021 1.9% Due 9/15/2021 100.542 0.60% 110,596.20 174.17 110,770.37 1,746.80 Chandler Asset Management - CONFIDENTIAL Page 10 Execution Time: 5/25/202: 384 of 472 City of National City Consolidated Account#10218 Transaction Ledger As of April 30, 2021 CM Transaction Settlement Type Date CUSIP Quantity Security Description c Price Aq/Disp Yield Amount Interest Pur/Sold Total Amount Gain/Loss DISPOSITIONS Sale Sale 04/15/2021 68389XBK0 04/30/2021 60934N807 290,000.00 Oracle Corp Callable Note Cont 8/15/2021 1.9% Due 9/15/2021 650,683.88 Federated Investors Govt Oblig Fund I nst. 100.544 0.59% 291,577.60 459.17 292,036.77 4,611.00 1.000 0.01% 650,683.88 0.00 650,683.88 0.00 Subtotal 1,050,683.88 1,052,857.68 633.34 1,053,491.02 6,357.80 Paydown 04/15/2021 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 04/15/2021 477870AC3 10,383.93 John Deere Owner Trust 2019-B A3 100.000 10,383.93 197.99 10,581.92 2.20 2.21% Due 12/15/2023 Paydown 04/15/2021 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 04/15/2021 47788UAC6 0.00 John Deere Owner Trust 2021-A A3 100.000 0.00 45.76 45.76 0.00 0.36% Due 9/15/2025 Paydown 04/15/2021 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 Paydown 04/15/2021 65479JAD5 0.00 Nissan Auto Receivables Owner 2019-C 100.000 0.00 579.00 579.00 0.00 A3 1.93% Due 7/15/2024 Paydown Paydown Paydown 04/15/2021 89232HAC9 0.00 Toyota Auto Receivable Own 2020-A A3 100.000 0.00 332.00 332.00 0.00 1.66% Due 5/15/2024 04/15/2021 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 04/15/2021 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 04/15/2021 89240BAC2 0.00 Toyota Auto Receivables Owners 2021- 100.000 0.00 62.83 62.83 0.00 A A3 0.26% Due 5/15/2025 Paydown 04/19/2021 43813KAC6 0.00 Honda Auto Receivables Trust 2020-3 100.000 0.00 77.08 A3 0.37% Due 10/18/2024 77.08 0.00 Chandler Asset Management - CONFIDENTIAL Page 11 Execution Time: 5/25/202: 385 of 472 City of National City Consolidated Account#10218 Transaction Ledger As of April 30, 2021 CM Transaction Type Settlement Date CUSIP Quantity Security Description c Price Aq/Disp Yield Amount Interest Pur/Sold Total Amount Gain/Loss DISPOSITIONS Paydown Paydown Paydown Paydown 04/19/2021 43814UAG4 04/21/2021 43813RAC1 04/21/2021 43815HAC1 04/23/2021 43813GAC5 9,885.02 Honda Auto Receivables Trust 2018-2 100.000 A3 3.01% Due 5/18/2022 0.00 Honda Auto Receivables 2020-1 A3 1.61% Due 4/22/2024 100.000 13,416.68 Honda Auto Receivables Trust 2018-3 100.000 A3 2.95% Due 8/22/2022 0.00 Honda Auto Receivables Trust 2021-1 A3 0.27% Due 4/21/2025 100.000 9,885.02 90.94 9,975.96 0.22 0.00 93.92 93.92 0.00 13,416.68 0.00 190.80 18.00 13, 607.48 18.00 1.84 0.00 Subtotal 33,685.63 33,685.63 2,110.36 35,795.99 4.26 Maturity 04/13/2021 3135G0U27 300,000.00 FNMA Note 2.5% Due 4/13/2021 100.000 300,000.00 0.00 300,000.00 2,229.00 Maturity 04/30/2021 912828Q78 260,000.00 US Treasury Note 1.375% Due 4/30/2021 100.000 260,000.00 0.00 260,000.00 2,781.94 Subtotal 560,000.00 560,000.00 0.00 560,000.00 5,010.94 TOTAL DISPOSITIONS 1,644,369.51 1,646,543.31 2,743.70 1, 649, 287.01 11, 373.00 OTHER TRANSACTIONS Interest 04/05/2021 3135G0T78 500,000.00 FNMA Note 2% Due 10/5/2022 0.000 5,000.00 0.00 5,000.00 0.00 Interest 04/08/2021 3133ELWD2 565,000.00 FFCB Note 0.375% Due 4/8/2022 0.000 1,059.38 0.00 1,059.38 0.00 Interest 04/13/2021 3135G0U27 300,000.00 FNMA Note 2.5% Due 4/13/2021 0.000 3,750.00 0.00 3,750.00 0.00 Interest 04/16/2021 3137EAEY1 630,000.00 FHLMC Note 0.125% Due 10/16/2023 0.000 393.75 0.00 393.75 0.00 Interest 04/30/2021 912828Q78 260,000.00 US Treasury Note 1.375% Due 4/30/2021 0.000 1,787.50 0.00 1,787.50 0.00 Subtotal 2,255,000.00 11,990.63 0.00 11,990.63 0.00 Chandler Asset Management - CONFIDENTIAL Page 12 Execution Time: 5/25/202: 386 of 472 City of National City Consolidated Account#10218 Transaction Ledger As of April 30, 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 04/05/2021 60934N807 123,074.58 Federated Investors Govt Oblig Fund Inst. 0.000 2.58 0.00 2.58 0.00 Dividend 04/15/2021 90LAIF$00 639,524,528.78 Local Agency Investment Fund State 0.000 Pool 7,764.95 0.00 7,764.95 0.00 Subtotal 639,647,603.36 7,767.53 0.00 7,767.53 0.00 TOTAL OTHER TRANSACTIONS 641,902,603.36 19,758.16 0.00 19,758.16 0.00 Chandler Asset Management - CONFIDENTIAL Page 13 Execution Time: 5/25/202: 387 of 472 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 an increase of $514,491 to the Community Development Block Grant (CDBG) Fund appropriation and corresponding revenue budget for CARES Act round three CDBG-CV activities and authorizing the submission of the Third Amendment to the 2019-2020 Action Plan that incorporates revised funded activities for the MLK Jr. Community Center into said Action Plan for acceptance by U.S. Department of Housing and Urban Development (HUD). (Housing Authority) Please scroll down to view the backup material. 388 of 472 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 15, 2021 AGENDA ITEM NO.: ITEM TITLE: Public Hearing and Adoption of a Resolution of the City Council of the City of National City authorizing an increase of $514,491 to the Community Development Block Grant (CDBG) Fund appropriation and corresponding revenue budget for CARES Act round three CDBG-CV activities and authorizing the submission of the Third Amendment to the 2019-2020 Action Plan that incorporates revised funded activities for the MLK Jr. Community Center Public Facility Improvement Project into said Action Plan for acceptance by U.S. Department of Housing and Urban Development (HUD). PREPARED BY: Angelita Palm '1-lousing Programs Manager DEPARTMENT: Housing Authority PHONE: 619-336-4219 EXPLANATION: See attachment number one for explanation. APPROVED BY: FINANCIAL STATEMENT: The CDBG-CV funds for the corresponding accounts will be used to fund the activities in FY 2021-2022. ACCOUNT NO. Revenue: 301-45922-3498 Expenditure: 301-416-922-* $514,491 APPROVED: FINANCE APPROVED: MIS ENVIRONMENTAL REVIEW: The adoption of this resolution is not subject to the provisions of the California Environmental Quality Act (CEQA) because the action will not have the potential for causing a significant effect on the environment. ORDINANCE: INTRODUCTION FINAL ADOPTION STAFF RECOMMENDATION: Conduct the Public Hearing, approve the funding recommendations, establish budget appropriations and corresponding revenue budget from the source identified in the Financial Statement above, and authorize the submission of the Third Amendment to the 2019-2020 Action Plan to HUD for the CDBG-CV program. BOARD / COMMISSION RECOMMENDATION: Not applicable to this report. ATTACHMENTS: 1. Explanation 2. Public Hearing Notice 3. Funding Recommendations 4. Resolution 389 of 472 Attachment No. 1 Public Hearing and Adoption of a Resolution of the City Council of the City of National City authorizing an increase of $514,491 to the Community Development Block Grant (CDBG) Fund appropriation and corresponding revenue budget for CARES Act round three CDBG- CV activities and authorizing the submission of the Third Amendment to the 2019-2020 Action Plan that incorporates revised funded activities for the MLK Jr. Community Center Public Facility Improvement Project into said Action Plan for acceptance by U.S. Department of Housing and Urban Development (HUD). Public Hearing A Public Hearing on the Draft Third Amendment to the 2019-2020 Action Plan will be conducted to review public comments received during the 10-day public review period from June 4 through June 14 and to provide interested persons and community groups with an opportunity to share their thoughts regarding the Action Plan. The Coronavirus Aid, Relief and Economic Security Act (CARES Act) provides CDBG grantees with flexibilities to make it easier to use CDBG-CV grants for coronavirus response and authorizes HUD to grant waivers and alternative requirements. HUD has waived the 30-day public review requirement, provided that no less than five (5) days are provided for public comments on each substantial amendment. The waiver also removes the requirement to hold in -person public hearings to comply with national and local social gathering requirements. A 10-day public review period was provided, and the Action Plan was noticed per the requirements of the Citizen and Community Participation Plan. Background In accordance with the federal regulations at 24 CFR, Part 91, the City of National City (City) is required to submit a Substantial Amendment to Program Year 2019-2020 Action Plan to for its Community Development Block Grant (CDBG) Program funded by the U.S. Department of Housing and Urban Development (HUD). On March 27, 2020, the President signed the CARES Act (Public Law 116-136), providing $2.2 trillion in federal funds to respond to the COVID-19 emergency. The CARES Act included $5 billion to HUD for the CDBG program to prevent, prepare for, and respond to the coronavirus. As a Community Planning Development (CPD) formula entitlement grantee, the City received $464,017 in CDBG from the CARES Act funds (CDBG-CV) in the first round. The second round of funding went to States and insular areas. In the third round of CARES Act CDBG-CV funding allocations the City received $643,113. On November 17, 2020 a Public Hearing was held for the Second Amendment to the 2019-2020 Action Plan (Second Amendment) to allocate the third round of CARES Act CDBG- CV funds. Per Resolution 2020-209, $128,622 was awarded to CDBG-CV Administration and $514,491 was awarded to fund the MLK Jr. Community Center Public Facility Improvement Project (Project). Funds for the Project would be used to update the kitchen to meet local and county requirements to operate as a commercial kitchen, replace flooring throughout the center, and upgrade the restrooms to become ADA compliant. The Second Amendment was then submitted to HUD for review and acceptance within 45 days. 390 of 472 Attachment No. 1 HUD reviewed the submittal, did not accept the Second Amendment, and requested a revision to the Action Plan citing that the Project was not an eligible use of CARES Act CDBG- CV funds. City staff submitted documentation to show that the Project was eligible and good use of CDBG-CV funds. Documentation included an eligibility analysis, COVID-19 justifications, and an explanations on how the Project would serve the National City community during the pandemic. Staff also met with HUD several times to review the Project justifications. After further review HUD stated that they would accept a revision to the Action Plan if it were separated into different projects and tracked separately. HUD also stated that the ADA improvements to the MLK Jr. Community Center would not qualify for the use of CARES Act CDBG-CV funding. Draft Third Amendment to the 2019-2020 Action Plan The Draft Third Amendment to the 2019-2020 Action Plan (Third Amendment) outlines how the City intends to spend $514,491 in CDBG-CV round 3 entitlement funds in fiscal year 2021-2022. Funding recommendations are provided (Attachment No. 3) to fund the MLK Jr. Community Center (Community Center) for a Community Hub, clean facility improvements, and to reimburse the City for costs related to COVID-19 vaccination center facility use. The Community Center is currently utilized for COVID-19 community and staff trainings, distribution of supplies, blood drives, vaccination center, and other events that require social distancing. The capacity of the Community Center to meet the needs of the National City community during the COVID-19 pandemic and recovery could greatly be expanded with the use of CDBG-CV funds. The proposed improvements to the Community Center would allow for food preparation and distribution, new flooring would allow for a more sanitary site, and the reimbursement of costs relating to the vaccination center would allow for cost recovery. Action Plan Activity #1: MLK Jr. Community Hub $361,848 The MLK Jr. Community Hub facility improvements will create a central place for National City residents to access food and services. Food Insecurity has increased due to unprecedented unemployment rates. The community kitchen space, which is 1,000 square feet, is available for basic food service but is not equipped to function as a commercial kitchen. Updating the kitchen to meet local and county requirements to operate as a commercial kitchen would provide the opportunity for local non -profits to prepare and distribute meals on site. The purchasing of equipment is necessary in order to bring the kitchen up to code to meet local and county requirements to operate as a commercial kitchen. The Community Center kitchen upgrades would include a duo oven, ventless dishwasher, reach -in freezer, reach -in refrigerator, walk-in refrigerator with fire sprinklers, dry storage, stainless steel food preparation counters, a three -compartment sink, necessary plumbing modifications, and necessary electrical panel upsizing to accommodate electrical loads. Based on the cost estimate received the kitchen floor coating may be an optional item. Action Plan Activity #2: COVID-19 Vaccination Center Reimbursement $33,723 The North and the South rooms of the Community Center have been utilized as a County of San Diego COVID-19 vaccination site since January 22, 2021. It will continue to be used as a vaccination center until June 30, 2021. CDBG-CV would be used to reimburse the City to cover 391 of 472 Attachment No. 1 the proportional costs of utilities and janitorial services of the facility for the use of the vaccination center during the period of January 22 to June 30, 2021. Action Plan Activity #3: MLK Jr. Community Center Clean Facility Improvements $, The existing carpet flooring in the Community Center is well beyond its useful life and needs of replacement. With the facility currently being utilized as a vaccination center, COVID-19 blood drives, distribution of COVID-19 supplies, a proposed Community Hub for food preparation and distribution replacement flooring in the main meeting room at minimum is recommended. The replacement flooring will be commercial -grade laminate flooring. By electing to install laminate flooring on a high -use, high -touch surface, disinfecting costs will be substantially decreased. Based on the cost estimate received, new hallway flooring may be an option. Document Review The Draft Third Amendment to the 2019-2020 Action Plan, funding recommendations, and eligibility analysis will be available to the public on the City of National City CDBG and HOME webpage at http://www.nationalcityca.gov/cdbg-home. To review a hardcopy of these documents please email housingnationalcityca.gov or call 619-336-4254. 392 of 472 Attachment No. 2 CALIFORNIA NATIONAL Cfry '`-' H CORF4RATEt PUBLIC NOTICE CITY OF NATIONAL CITY 10 DAY PUBLIC REVIEW AND COMMENT PERIOD AND PUBLIC HEARING FOR THE DRAFT THIRD AMENDMENT TO THE 2019-2020 ACTION PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT CARES ACT ROUND 3 FUNDS TO THE MLK JR. COMMUNITY CENTER In accordance with the federal regulations at 24 CFR, Part 91, the City of National City (City) is required to submit a Substantial Amendment to Program Year 2019-2020 Action Plan for its Community Development Block Grant Program funded by the U.S. Department of Housing and Urban Development (HUD). On March 27, 2020, the President signed the Coronavirus Aid, Relief and Economic Security Act (CARES Act) (Public Law 116-136). The bill provided Community Development Block Grant CARES Act (CDBG—CV) funds to prevent, prepare for, and respond to the coronavirus (COVID-19). HUD released the funds in three rounds. The National City City Council awarded round 3 funds on November 17, 2020, to the MLK Jr. Community Center Public Facility Improvement Project in the amount of $514,491. HUD has since reviewed the projected and proposed that it be split into separate projects to align with the CDBG-CV program rules, regulations, and waivers. A thirty (30) day public comment period is required; however, HUD has waived this requirement provided that no less than five (5) days are provided for public comments on each substantial amendment. In addition, waivers remove the requirement to hold in -person public hearings to comply with national and local social gathering requirements. A 10-day review of the Draft Third Amendment to the 2019-2020 Action Plan will be available for public comment June 4 to 14, 2021, on the City's website www.nationalcityca.gov/cdbg-home, or by hard copy upon request. To provide an opportunity for public comment or request to view a hardcopy of the Plan during the 10-day review period please email the CDBG Program Administer Angelita Palma at apalma@nationalcityca.gov. Notice is hereby given that the City Council of the City of National City will hold a Public Hearing for the Draft Third Amendment to the 2019-2020 Action Plan on Tuesday, June 15, 2021, at 6:00 p.m. The purpose of the Public Hearing is to provide the opportunity for public comment on the needs and priorities identified for the Action Plan, and on the CDBG-CV funding recommendations to City Council. Public participation is an essential part of the development of the Action Plan. Interested persons and community groups are invited to watch and participate in the hearing. The Public Hearings will be held online at www.nationalcityca.gov/webcast. Public comment may be submitted prior to the meeting in writing by email at PublicComment@nationalcityca.gov; please provide the agenda item number and title of the item in the subject line of the email. Public comments or testimony is limited to up to three (3) minutes. All email comments received by 4:00 p.m. on the day of the meeting will be emailed to the City Council Members and made a part of the official record. To provide live public comment during the meeting, you must pre - register on the City's website at https://www.nationalcityca.gov/publiccomment by 4:00 p.m. on the day of the regular meeting to join the City Council Meeting. For more information regarding this process, please contact the City Clerk's Office at (619) 336-4228 or by email at Clerk@nationalcityca.gov. Hearing -impaired persons, please use the CAL Relay Service Number 711. Asistencia en Espanol: Para que le interpreten la information en espaiiol, llame al (619) 336-4391. Brad Raulston, City Manager City of National City June 4, 2021 Page 1 of 1 393 of 472 Attachment No. 3 Funding Recommendations for the Third Amendment to the 2019-2020 Action Plan U.S. Department of Housing and Urban Development (HUD) Community Develolpment Block Grant CARES Act (CDBG-CV) round 3 entitlement award is $514,491 for activities to prepare, prevent, and respond to COVID-19. Applicant Name Program name Requested Amount Funding Recommendation Community Services MLK Jr. Community Hub $ 361,848.00 $ 361,848.00 Engineering/Public Works Department COVID-19 Vaccination Center Reimbursement $ 33,723.00 $ 33,723.00 Engineering/Public Works Department MLK Jr. Community Center Clean Facility Improvements $ 118,920.00 $ 118,920.00 Total $ 514,491.00 $ 514,491.00 Page 1 of 1 394 of 472 The following page(s) contain the backup material for Agenda Item: A Public Hearing and Adoption of a Resolution of the City Council of the City of National City accepting the National City 2021/2022 Tax Roll Sewer Service Fees report, which identifies by parcel number, each parcel of real property receiving sewer services and the amount of sewer charges for each parcel for FY 2021-22 as required by the California Health and Safety Code Section 5473, Et Seq., pertaining to collection of sewer charges on the tax roll, directing the City Clerk to file the report with the San Diego County Auditor, and directing the City Engineer to file a certification of the sewer service charges with the San Diego County Auditor. (Engineering/Public Works) Please scroll down to view the backup material. 395 of 472 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 15, 2021 AGENDA ITEM NO.: ITEM TITLE: A Public Hearing and Adoption of a Resolution of the City Council of the City of National City accepting the National City 2021/2022 Tax Roll Sewer Service Fees report, which identifies by parcel number, each parcel of real property receiving sewer services and the amount of sewer charges for each parcel for FY 2021-22 as required by the California Health and Safety Code Section 5473, Et Seq., pertaining to collection of sewer charges on the tax roll, directing the City Clerk to file the report with the San Diego County Auditor, and directing the City Engineer to file a certification of the sewer service charges with the San Diego County Auditor. PREPARED BY: Carla Hutchinson, Assistant Engineer - Civil DEPARTMENT: End erin• and Public Works PHONE: 619-336-4388 APPROVED BY: EXPLANATION: See attached explanation. FINANCIAL STATEMENT: APPROVED: li:/'/ /L FINANCE ACCOUNT NO. APPROVED: MIS FY 22 Sewer Service Fees - $ 10,334,187.61 Revenue Account No. 125-22222-3563 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION n FINAL ADOPTION n STAFF RECOMMENDATION: Hold public hearing and adopt Resolution to accept the National City 2021/2022 Tax Roll Sewer Service Fees report. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Report — National City 2021/2022 Tax Roll Sewer Service Fees by Parcel Number for FY 2021-22 (on file at Office of the City Clerk Office) 3. Resolution 396 of 472 Explanation: The City of National City provides sewer services to about 9,000 customers. A Public Hearing is required annually for the preparation and approval of the sewer tax roll. Sewer service charges are collected annually concurrently with property taxes. Collecting sewer service charges through the tax roll avoids a separate and costly billing process. The charges described in this report have been previously approved by the City Council. This is a request to conduct a Public Hearing on the National City tax roll report, and to subsequently adopt a resolution approving collection of sewer service charges on the tax roll, as authorized by the Uniform Sewer Ordinance and County Water Service Ordinance. The Public Hearing is to consider adoption of the report, which identifies by parcel number, each parcel of real property receiving sewer services, and the amount of sewer charges for each parcel for FY 2021-22 as required by the California Health and Safety Code Section 5473, et seq., pertaining to collection of sewer charges on the tax roll. Said report is on file with the Office of the City Clerk. The Notice of Public Hearing was published by the City Clerk's Office in accordance with Government Code Section 66017, on the dates of June 4, 2021 and June 11, 2021. Pursuant to Ordinance No. 2017-2442, adopted by City Council on December 5, 2017, the City Council adopted a five-year sewer service fee rate adjustment schedule commensurate with projected Regional Wastewater treatment increases, and elected to have sewer service charges collected on the tax roll, as provided by California Health and Safety Code Section 5473 et seq. The City of National City sewer services fees for residential customers are monthly flat rates based on water consumption for domestic users. For commercial and industrial customers, the charges are variable and based on annual water consumption and the strength of the sewage they generate (low, medium or high). The following table summarizes the five-year rate plan adopted by City Council on December 5, 2017. The cost of wastewater collection, transportation, and treatment have increased dramatically in recent years and the forecast is for costs to continue to increase in the corning years. National City is a member of the Metro Wastewater Joint Powers Association (JPA), a twelve - member agency, which uses the City of San Diego Treatment Facilities, primarily the Point Loma Treatment Plant located in Point Loma, San Diego. The JPA shares the cost of the operation and maintenance of this plant and related infrastructure. The Point Loma Wastewater Treatment Plant is currently undergoing upgrades and the City of San Diego is also implementing the Pure Water Program which also requires some cost sharing for the infrastructure associated with the treatment of the wastewater generated from the JPA. The City will be closely monitoring the actual impact on our treatment costs as the Pure Water Program costs become more certain. 397 of 472 National City Sewer Services Rates for FY 19-23 Residential Flat Rates (per month) Single Family Residence Multi -Family Residence Mobile Homes Commercial Variables Rates (per HCF} FY 2019 FY2020 FY 2021 FY 2022 FY 2023 Monthly Monthly Monthly Monthly Monthly $ 35.23 $ 38.68 $ 42.47 $ 46,61 $ 51.18 $ 27.48 $ 30.17 $ 33.13 $ 36,36 $ 39.92 $ 21.49 $ 23.60 $ 25.91 $ 28.43 $ 31.22 Suspended Suspended Solids/BOD Solids/BAD Strength Category Strength FY 2019 FY2020 FY 2021 FY 2022 FY2023 Commercial - Low < 200 PPM $ 3.61 $ 3.97 $ 4.35 $ 4.78 $ 5.25 Commercial - Medium 201 to 280 Low PPM $ 3.89 $ 4.33 $ 4.73 $ 5.13 $ 5.66 281 to 420 Commercial - Medium PPM $ 4.69 $ 5.37 $ 5.76 $ 6.13 $ 6.80 Commercial - Medium 421 to 600 High PPM $ 5.48 $ 6.40 $ 6.80 $ 7.12 $ 7.95 Commercial - High > 600 PPM $ 6.82 $ 8.14 $ 8.55 $ 8.79 $ 9.88 398 of 472 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City approving and adopting the annual appropriations limit for fiscal year 2022 in the amount of $71,573.,263 (Finance) Please scroll down to view the backup material. 399 of 472 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 15, 2021 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City approving and adopting the annual appropriations limit for fiscal year 2022 in the amount of $71,573,263. PREPARED BY: Paul Valadez, Budget Manager DEPARTMENT: Finance PHONE: 619-336-4332 APPROVED BY: EXPLANATION: State law requires the governing body of each local jurisdiction to establish its annual appropriations limit, also known as the "Gann Limit," by resolution each year. The annual appropriations limit sets a cap on the amount of local government spending which may be financed from tax proceeds. The appropriations limit is calculated by multiplying the previous year's appropriations limit by the percentage change in the population of the local jurisdiction's county and the percentage change in the California per capita cost of living. Based on information provided by the State Department of Finance, the following percentage changes are used in establishing the fiscal year 2022 appropriations limit: California per capita cost of living change 5.73% Change in San Diego County population 0.44% FINANCIAL STATEMENT: ACCOUNT NO. Appropriations limit of $71,573,263 APPROVED: APPROVED: ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Approve and adopt the resolution. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Annual Appropriations Limit — Fiscal Year 2022 calculation worksheet 2. Resolution 4UU Oi 4/21 Resolution No. June 15, 2021 City of National City Annual Appropriations Limit Fiscal Year 2022 Attachment 1 A. Fiscal Year 2021 Appropriations Limit $ 67,397,825 California Per Capita Cost of Living Change converted to a ratio *** 1.0573 Limit Sub -Total 71,259,720 San Diego County Population Change converted to a ratio *** 1.0044 Fiscal Year 2022 Appropriations Limit $ 71,573,263 Gann Limit Recap Total City Appropriations $ 91,302,468 Less: Non -Tax Proceeds 40,781,418 Estimated Appropriations Subject to the Limit $ 50,521,050 Fiscal Year 2022 Appropriations Limit 71,573,263 Amount of Appropriations Below the Limit $ 21,052,213.08 Source - State of California, Department of Finance http://www.dof.ca.gov/budgeting/ 6/2/2021 1 of 1 Appropns Limit 401 of 472 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City City Authorizing the transfer of funds from the General Fund Unassigned Fund Balance Reserve to the General Fund's Committed Fund Balance Components named the Economic Contingency Reserve and the Facilities Maintenance Reserve and the elimination of the Debt Service Reserve and transfer of its balance to the Unassigned Fund Balance Reserve. (Finance) Please scroll down to view the backup material. 402 of 472 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 15, 2021 AGENDA ITEM NO.: ITEM TITLE: Resolution of the City Council of the City of National City Authorizing the transfer of funds from the General Fund Unassigned Fund Balance Reserve to the General Fund's Committed Fund Balance Components named the Economic Contingency Reserve and the Facilities Maintenance Reserve and the elimination of the Debt Service Reserve and transfer of its balance to the Unassigned Fund Balance Reserve. PREPARED BY: Phillip Davis, Interim Finance Director DEPARTMENT: Finance PHONE: 619-336-4265 APPROVED BY: EXPLANATION: At the May 4, 2021 City Council meeting, the City Council authorized amendments to City Council Policy #201, Maintenance of Reserve Funds, that included new target levels and creation of a new Reserve and the elimination of the Debt Service Reserve (a Restricted component of the General Fund's fund balance). Approval of the resolution will authorize: • the transfer from the Unassigned Fund Balance Reserve (-$3,114,934) to the Committed Fund Balance Component named the Economic Contingency Reserve (+$3,114,934);and • the transfer from the Unassigned Fund Balance Reserve (-$345,000) to the Committed Fund Balance component named the Facilities Maintenance Reserve (+$345,000); and • elimination of the Debt Service Reserve and the transfer of its balance (-$535,169) to the Unassigned Fund Balance Reserve ($535,169) FINANCIAL STATEMENT: APPROVED: FINANCE ACCOUNT NO. APPROVED: MIS The accounts will be prepared by the Finance Department ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION STAFF RECOMMENDATION: Adopt the resolution. BOARD / COMMISSION RECOMMENDATION: Not applicable. ATTACHMENTS: 1. Staff Report 2. Resolution 403 of 472 CALIFORNIA NATIONAL CITir C' INCORPORATES City Council Staff Report June 15, 2021 AGENDA ITEM: Resolution of the City Council of the City of National City Authorizing the transfer of funds from the General Fund Unassigned Fund Balance Reserve to the General Fund's Committed Fund Balance Components named the Economic Contingency Reserve and the Facilities Maintenance Reserve and the elimination of the Debt Service Reserve and transfer of its balance to the Unassigned Fund Balance Reserve. EXPLANATION: At the April 20, 2021 City Council budget workshop, the City Council reviewed the Preliminary Fiscal Year 2021-22 Budget and provided direction to staff regarding various matters, including to return to the City Council with a revised City Council Policy 201 — Maintenance of Reserve Funds (Policy). The City maintains reserves to strengthen its ability to withstand unexpected financial emergencies such as those that may result from natural disasters, revenue shortfalls, or unanticipated expenditures of a non -recurring nature, and to accumulate funds for large-scale purchases. At the May 4, 2021 City Council meeting, the City Council authorized amendments to the Policy that included new reserve target levels, creation of a new Reserve and the elimination of the Debt Service Reserve (a Restricted component of the General Fund's fund balance). The "new" Reserve, formalizes the already existing, Unassigned Fund Balance, to reserve status in the Policy and establishes its minimum level as 10% of General Fund operating expenditures. The Economic Contingency Reserve is a component of Committed Fund Balance and establishes its minimum level as 20% of General Fund Operating expenditures. The Facilities Maintenance Reserve is a component of Committed Fund balance and has its target level set at three -times the annual base need for performing major maintenance on the City's facilities, which is defined as 1.5% of General Fund operating expenditures. Committed Fund Balance Reserves require formal City Council action to add or spend funds from these reserves. In addition to the changes discussed above, the newly revised Policy eliminates the Debt Service Reserve which is part of the Restricted component of the General Fund's fund balance. Reserves that are classified as "Restricted" are required to be classified as such due to covenants in the bond indenture. The City's bonds do not have this requirement and therefore the Debt Service Reserve can be eliminated. Elimination of this reserve will require the transfer of its balance of $535,169 to the Unassigned Fund Balance reserve. 1 404 of 472 On June 1, 2021, the City Council adopted the City's budget for fiscal year 2021-22. The General Fund operating expenditures (including transfers out) total $60,554,215. For purposes of determining reserve target levels, the amount is being rounded up to $61.0 million. The table below shows the Projected Levels, New Target Amounts and the required transfers to be in compliance with City Council Policy 201 for the Unassigned Fund Balance, the Economic Contingency Reserve and the Facilities Maintenance Reserve for June 30, 2021. Transfers from Unassigned Fund Balance to Committed Fund Balance Components Projected Level as of Over/(Under) Transfer Reserve 6/30/2021 New Target Target Amount Unassigned Fund Balance (10%) * 14,643,132 6,100,000 8,543,132 3,459,934 Committed Fund Balance Components Economic Contingency Reserve (20%) * 9,085,066 12,200,000 (3,114,934) 3,114,934 Facilities Maintenance Reserve (1.5%) * A 2,400,000 2,745,000 (345,000) 345,000 * Based on General Fund operating expenditures of$61M ^ FMR Calculation ($61M X 1.5%)X3 The next table below summarizes the Transfers -In and Transfers -Out that are requested at this time. The Unassigned Fund Balance Reserve will have a projected ending fund balance of 19.2% almost double the target of 10%. When combined with the Economic Contingency Reserve the City's General Fund will have achieved reserve levels of nearly 40%. Summary of Requested Transfers- In and Out Description Unassigned Fund Balance Economic Contingency Reserve Facilities Maintenance Reserve Debt Service Reserve Beginning Balance 6/30/2020 16,294,668 9,085,066 2,400,000 535,169 Projected Use of FB in FY2020/21 (1,651,536) - - - Subtotal 14,643,132 9,085,066 2,400,000 535,169 Transfers -Out 06/15/2021 (3,459,934) 3,114,934 345,000 - Transfers -In 06/15/2021 535,169 (535,169) Projected Ending Balance 06/30/2021 11,718,367 12,200,000 2,745,000 - Percentage of FY 2021/22 General Fund Operating Expenditures ($61M) 19.2% 20.0% 4.5% 0.0% Target Percentage per CC Policy 201 10% 20% 2 405 of 472 Included below is further discussion of each of the reserves addressed in this staff report. General Fund Economic Contingency Reserve: The prior policy had a target of between 25% and 50% of a single year's General Fund operating expenditures. The current policy establishes a target of 20% of a single year's General Fund operating expenditures. This reserve would be accessed in the event of a catastrophic event or significant downturn in the economy. Formal City Council authorization is required to add to these reserves or to spend from them. General Fund Unassigned Fund Balance: This category of fund balance has formally been set as a reserve with a minimum target level of 10% of a single year's General Fund operating expenditures. Together with the Economic Contingency Reserve, the City would have general purpose reserves of 30% of a single year's General Fund operating expenditures, which falls within the range of the 25% - 50% level that was previously established as the target for the Economic Contingency Reserve. The Unassigned Fund Balance would be used for smaller emergent needs. Amounts in excess of the target level would be available to augment other reserves or to utilize for one-time purposes. Facilities Maintenance Reserve: The prior policy target set an amount that is equal to between 10% and 15% of the acquisition costs of the City's building assets. The current policy target is three times the annual base needed for performing major maintenance on the City's facilities, which is defined as being 1.5% of the City's General Fund operating expenditures. The current policy also specifies that the City's annual budget include funding for major maintenance in the amount of 1.5% of the General Fund operating expenditures. Debt Service: The prior policy required amounts to be reserved equal to the debt service payments for the upcoming year. There are no such requirements in the indentures of any of the City's current debt financings and therefore the current policy eliminated this unnecessary reserve. Debt service payments are budgeted annually at the amounts required. The City has adequate amounts in its general purpose reserves to cover debt service payments should any adverse situation ever arise that would impact this obligation. 3 406 of 472 The following page(s) contain the backup material for Agenda Item: Temporary Use Permit — Request from Good Ranchers, LLC to conduct the Good Ranchers Food Drive at Westfield Plaza Bonita from June 16, 2021 thru July 5, 2021 with no waiver of fees. (Community Development) Please scroll down to view the backup material. 407 of 472 MEETING DATE: June 15, 2021 AGENDA ITEM NO. ITEM TITLE: Temporary Use Permit — Request from Good Ranchers, LLC to conduct the Good Ranchers Food Drive at Westfield Plaza Bonita from June 16, 2021 thru July 5, 2021 with no waiver of fees. PREPARED BY: IDionisia Trejo PHONE: '(619) 336-4255 j EXPLANATION: II This is a request from Good Ranchers, LLC to conduct the Good Ranchers Fodd rive at Westfield Plaza Bonita from June 16, 2021 thru July 5, 2021. Daily hours of operation will be from 10 a.m. to 6 p.m. DEPARTMENT: Commopment Department APPROVED BY: Good Ranchers, LLC is a mobile meat market and food drive. They sell boxed, pre -packaged, frozen food from a freezer transport vehicle kept at zero degrees. Applicant will set-up a 20x20 tent in the parking lot. This outdoor tent will provide the community with prepacked frozen USDA steak, chicken, and seafood for sale. There is no cooking, sampling, or serving of any kind. Note: This is the first time this organization has requested a Temporary Use Permit. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: City fee of $272.00 for processing the TUP through various City departments and $600.00 for Fire Department. Total Fees are $872.00 ENVIRONMENTAL REVIEW: N/AN ORDINANCE: INTRODUCTION: FINAL ADOPTION: r STAFF RECOMMENDATION: pprove the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees in accordance with City Council Policy 802. BOARD / COMMISSION RECOMMENDATION: IN/A, ATTACHMENTS: Application for a Temporary Use Permit with recommended conditions of approval. 408 of 472 - CAiIFORNIA-;.-- _ NATIONALNAIIONAL City poi�'.°'.- WW1`: 12Vali>$ O.BAS/19 T pe o.f Ever►t.- Fair/Festival TUP Event Title City of National City • Neighborhood Services Department 1243 National City Boulevard • National City, CA 91950 (619) 336-4364 re fax (619) 336-4217 www.nationalcityca.gov Special Event Application [lParade/March ® Sporting Event EllWalk or Run LlConcert/Performance ri Other (specify) Event Location (list all sites being requested) Event Times Set -Up Starts Date 1 Time Event Starts Date /10 Time Event Ends —7 Date 6 Breakdown Ends1/ Date dAu9K-Frivr�4�e. tfrA. aow K4C( B/m/4. r I 1 � CY Day of Week of Week WUdS Time i Day of Week KMA II,, Time 1 ar Day of Week I .0-es Applicant Information RECEIVED MAY 2 Rei,'D Neighborhood Services Department City of Nat,onai City Applicant (Your name) 4'1,6i4soring Organization CAA[�n`- Mailing Address McgilLezirm.. i7•Tyik-eykdatzto,(71( 71 Event Coordinator (if different from applicant) Day Phone 4-i`l a'S- t4 3 ( After Hours Phone 441 • tom' (431 Cell Fax Public Information Phone WO -i (- —1--S E-mail S- C'v Applicant agrees to investigate, defend, indemnify and hold harmless the City, its officers, employees and agents from and against any and all toss, damage, liability, claims, demands, detriments, costs, charges, expense (including attorneys fees) and causes of action of any character which the City, its officers, employees and agents may incur, sustain or be subjected to on account of loss or damage to property or the loss of use thereof and for bodily injury to or death of any persons (including but not limited to the employees, subcontractors, agents and invitees of each party hereto) arising out of or in any way connected to the occupancy, enjoyment and use of any City premises under this agreement to the extent permitted by law. Applicant understands this TUPlspecial event may implicate fees for City services, which will have to be paid in the City's Finance Department 48 hours prior to the event set-up. The undersigned also understands and accepts the City's refund policy for applica, errprocess'r r and facility use and that fees and charges are adjusted annually and are subject to change. Signature of Applicant: Date 6 " 1 409 of 472 Special Event Application (continued) Please complete the following sections with as much detail as possible since fees and requirements are based on the information you provide u5. Fees/PirOc ed'slReportfn Is your organization a "'fax Exempt, nonprofit" organization? Yes Are admission, entry, vendor or participant fees required? Yes if YES, please explain the purpose and provide amount (s): Estimated Gross Receipts including ticket, product and sponsorship sales front this event- iqao Estimated Expenses for this event. $ no What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? !Description of Event )First time event [1 Returning Event El include site map with application Note that this description may be published in our City Public Special Events Calendar, 0040-01( Estimated Attendance; Anticipated # of Participants: 9 Anticipated # of Spectators: 2 410 of 472 TiraffiC:Control, Security, First: Aid and = Accessibility:::: '‘g,Requesting to close street(s) to vehicular traffic? Yes[] No List any streets requiring closure as a result of the event (provide map): Date and time of street closure: Date and time of street reopening: T Other (explain) Requesting to post "no parking" notices? Yes N l . l Requested "No Parking" on city streets and/or parking lots (list streets/parking lots) (provide map): Other (explain) •Secartyand Cro,clCantroi;. Depending on the number of participants, your event may require Police services. Please describe your procedures for both Crowd Control and Internal Security: U{� Have you hired Professional Security to handle security arrangements for this event? YesEl No if YES, name and address of Security Organization Security Director (Name): Phone: if using the services of a professional security firm and the event will occur on City property, please provide a copy of its insurance certificate, evidencing liability with limits of at least $1 Million dollars per occurrence/$2 Million dollars aggregate, as well as and additional insured endorsement naming the City of National City, its officers, employees, and agents as additional insureds. Evidence of Insurance must be provided by the vendor or its insurer to the Neighborhood Services Department at the time of submission. . Is this a night event? Yes (J No if YES, please state how the event and surrounding area will be illuminated to ensure safety of the • : rtici cants and spectators: 3 411 of 472 First Aid Depending on the number of participants, our -ve may require specific First Aid services.eF aid station to be staffed b event staff? Yes No �''� First aid/CPR certified? Yes No First aid station to be staffed by professional company. ' Company If using the services of a professional medical organization/company and the event will occur on City property, please provide a copy of its insurance certificate, evidencing liability with limits of at least $1 Million dollars per occurrencel$2 Million dollars aggregate, as well as and additional insured endorsement naming the City of National City, its officers, employees, and agents as additional insureds. Evidence of insurance must be provided by the vendor or its insurer to the Neighborhood Services Department at the time of submission. Accessibilsty Phase describe your Accessibility Plan for access at your event by individuals with disabilities: u,u :5terrients;:of'your Event': Setting up a stage? Yes EJ N Requesting City's PA system —1 Requesting City Stage; if yes, which size? El Dimensions (13)428) f i Applicant providing own stage ® (Dimensions) Setting up canopies or tents? # of canopies size # of tents size FIN° canopies/tents being setup ref 4 Dimensions (20)(28) 412 of 472 Setting up tables and chairs? 0 Furnished by Applicant or Contractor liEl No tables being set up j l VLSI 0('e -e-f-e-K - No chairs being set up of tables ------__ 4 of chairs 0(For City Use Only) Sponsored Events — D oes net apply to co -sponsored events No tables being set up No chairs being set up of tables -------._ of chairs Contractor Name Contractor Contact Information Address CiryIState pflone Number Setting up other equipment? El Sporting Equipment (explain) flOther (explain) DNot setting up any equipment listed above at event Having amplified sound and/or music? Yes riPA System for announcements FICD player or DJ music 1-1 Live Music Small4-5piece live band Is ❑ Large 6+ piece live band r—} Other (explain) if using live music or a DJ, it. Contractor Narne Address 5 CitylState phone Number 413 of 472 Using lighting equipment at your event? Yes E E Bringing in own lighting equipment Using professional fighting company 1* Company Name Address Using electrical power? Yes L Using on -site electricity Bringing in generator(s) Vendor information`:`' City/State Phone Number Using Kimball Park Bowl Lighting (from to ) For sound and/or lighting n Far food and/or refrigeration For sound and/or lighting For food and/or refrigeration PLEASE NOTE: You may be required to apply for a temporary health permit if food or beverages are sold of given away during your special event. Also see `Permits and Compliance' on page 8 in the Special Event Guide. For additional information on obtaining a temporary health permit, please contact the County of San Diego Environmental Health at (619) 338-2363. Having food and non-alcoholic beverages at your event? Yes L_l Vendors preparing food on -site O. # 1t- Business License # If yes, please describe how food will be served and/or prepared: If you intend to cook food in the event area please s ecify the method: GAS [LECTRIC f CHARCOAL r IOTHER (Specify): EiVendors bringing pre -packaged food 1> # Vendors bringing bottled, non-alcoholic beverages (i.e., bottled water, can soda, etc.) # riVendors selling food # _ 1* Business license #(s) Vendors selling merchandise # Is Business License #(s) It- Business License # .. 'ply Food/beverages to be handled by organization; no outside vendors enders selling services # la- Business License #(s) fa Explain services r]Vendors passing out information only (no business license needed) # Ir Explain type(s) of information —I No selling or informational vendors at event 6 414 of 472 Having children activities? Yes PLEASE NOTE: In the event inflatable jumps are provided at the event, The City of National City requires commercial liability insurance with limits of at least $1 Million dollars per occurrence/$2 4Vlililon dollars aggregate, in addition, the City of National City must be named as an Additional Insured pursuant to a separate endorsement, which shall be provided by the vendor or its Insurer to the City's Risk Manager, along with the Certificate of insurance, for approval prior to the event. The application should be filed out at least one week prior to the event. For questions or to obtain a copy of the "Facility Use Application", please contact the Engineering/Public Works Department at (619) 336-4580. 11Inflatable bouncer house # riRock climbing wall Height Inflatable bouncer slide # Arts & crafts (Le., craft making, face painting, etc.) Carnival RidesOther Having fireworks or aerial display? Yes0 No Vendor name and license # Dimensions Duration Number of shells Max. size PLEAS NOTE: In the event fireworks or another aerial display is planned for your event, The City of National City requires commercial liability insurance with limits of at least $2 Million dollars per occurrence/ $4 Minion dollars aggregate. In addition, the City of National City must be named as an Additional Insured pursuant to a separate endorsement, which shall be provided by the vendor or its insurer to the City's Risk Manager, along with the Certificate of insurance, for approval prior to the event. Depending on the size and/or nature of the fireworks display, the City reserves the right to request higher liability limits. The vendor must also obtain a fireworks permit from the National City Fire Department and the cost is $545,00 Arranging for media coverage? Yes No )j 0Yes, but media will not require special set-up f �, [1Yes, media will require special set-up. Describe 7 415 of 472 Event ridge3. PLEASE NOTE: For City sponsored or co -sponsored events, banners publicizing the event may be placed on the existing poles on the 1800 block and 3100 block of National City Boulevard. The banners must be made to the City's specifications. Please refer to the City's Special Event Guidebook and Fee Schedule for additional information. Are you planning to have signage at your event? Yes l..1 Yes, we will post signage # 0 Dimensions Yes, having inflatable signage # ® (complete Inflatable Signage Request form) Yes, we will have banners # (0,(4.4 C-41Pe What will signs/banners say? riHow will signs/banners be anchored or mounted? Location of banners/signage ( 3 1N:aste N[a (a- -6riierit PLEASE NOTE: One toilet for every 250 people is required, unless the applicant can show that there are sufficient facilities in the immediate area available to the public during the event. Are you planning to provide portable restrooms at the event? Yesr] N If yes, please identify the following: ® Total number of portable toilets: 0. Total number of ADA accessible portable toilets: P tJR- Contracthig with portable toilet vendor. Company Phone la Load -in Day & Time i . Load -out Day & Time Portable toilets to be serviced. Et, Time reakc(owrt Clean-uti Setting up the day before the event? Yes, will set up the day before the event. ®# of set-up day(s) t. 7 No, set-up will occur on the event day Requesting vehicle access onto the turf? 0Yes, requesting access onto turf for set-up and breakdown (complete attached Vehicle Access Request form) IgNo, vehicles will load/unload from nearby street or parking lot. 8 416 of 472 N'PDES Litter Fence' City to install litter fence ]Applicant to install litter fence FIN/A Breaking down set-up the day after the event? Yes, breakdown will be the day after the event. 11 No, breakdown will occur on the event day. How are you handling clean-up? Using City crews 1V Pr # of breakdown day(s) r] Using volunteer dean -up crew during and after event. 11 Using professional cleaning company during and after event. lillsc'ef larieo€rs Please list anything importa�nt about your event not already asked on this application: lttaSe Le Pease make a copy of this application for your records. We do not provide copies. 9 417 of 472 ,ci+Gr�orrrrrq.�. L. m meortrosti r 1. Special Event Information Name of Special Event: Event Address: 3O Event Host/Coordinator: iS AfralQ Special Events Pre -Event Storm Water Compliance Checklist _ Q�\l` pected # of Attendees: - .00±- Phone Number: —1- f - I �-S II. Storm Water Best Management Practices (BMPs) Review YES NO N/A Will enough trash cans provided Provide number of trash bins: for the event? 1 Will enough recycling bins provided for the event? Provide number of recycle bins: Will ail portable toilets have secondary containment trays? (exceptions for ADA compliant portable toilets) Do all storm drains have screens to temporarily protect trash and debris from entering? Are spill cleanup kits readily available at designated spots? * A Post -Event Storm Water Compliance Checklist will be completed by City Staff. 10 418 of 472 City of National City PUBLIC PROD RTY USE OLD A ES D FIC AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. The insurance company issuing the insurance policy must have a A.M. Best's Guide Rating of A:Vll and that the insurance company is a California admitted company; if not, then the insurance policy to the issuance of the permit for the event. The Certificate Holder must reflect: City of National City Risk Management Department 1243 National City Boulevard National City, CA 91950 Organization: 2Yfl([ v _ Person in Charge of Activity: 2"/K: 10- 1__ Address: '�� (ARP -'�la �` 7 x Telephone:7 )3 -. & Date(s) of Use: ("A 0 /-D-0;:L.'I - -7/f; HOLD HARMLESS AGREEMENT As a condition of the issuance of a. temporary use permit to conduct its activities on publicor private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorney's fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, empkyees orntractors -Signature of Applicant: Official Title: 1 UUY1(--tr Date: Far Office Use Only Certificate of Insurance Approved Date II 419 of 472 WaifiaId Plant ttutita 3010 P14211116nit6141. Suito 2075 Nati6t1111 City, CA, q19SO T619467,.009 April 14, 2021 City of National City Vianoy RIVora Neighborhood Service DNision 12413 'National City Blvd, National Ci,„ California 01004301 Re.; Tomporety Use Pormit Good Ranchers, LLC —1714 a Bonita To whom it May cencom I hetoby authorize Jenny Dunn acting. roproeontatNe of Good Ranchers, LLC, to oporato bftineas lolown as Good RAlletvOrS in the east side parkin lot at Westfield Plaza Bonita near Macy's durim the di s May 31, 2021 - Juno 111, 2021, Jenny DM Wilt obtain all necessary perrolts kr the City of National Gay for occupancy at Wattle Flala Bonita, Jenny Dunn liae pennission to install temporary piWftf during the tomporafy use time if adequate power Is not already in place, Please call me if you haw) any questions, pleasem1Ipla2abonitaeuracetn„ Binterely, tiV Gonoral Won%id Pima BMW) 12 420 of 472 /j RO[3INSON-MAY / i/ LEASED PARCEL L L07 3 LL PARKING //f") t DE'ELOP:R LEAS 0 PAFCEL 07 5 PARIRG) Cfn macys SL• 2 LEVELS 15.A 479 s/ Level 1 NORDSTROM RACK Level 2 L07 5 TWO LEVEL ENCLOSED MALL I ♦ EVE LEA 5E0 LO" 13 421 of 472 GOOD RANCHERS To Whom It May Concern: Good Ranchers, LLC is a mobile meat market and food drive. We sell boxed, pre -packaged, frozen USDA steak, chicken, and seafood from a freezer transport vehicle kept at zero degrees under a 20x20 canopy. There is no cooking, sampling, or serving of any kind, only sales. We are self-sufficient and do not require any electricity or water to operate. We order our product from Gold Canyon Meat Company, based out of Colorado. The product is delivered to us through a third -party delivery service. Our product is then stored in a rented refrigerated truck in the city we will selling at the time. Our stores are 20'x20' rented canopy tents, which are typically set up in shopping center or mall parking Tots under a lease agreement. The customers come to our tents and purchase the product. While in said city, we partner with local food banks for food drives, to raise community awareness for the food bank and give them a monetary donation at the conclusion of our sales. Please feel free to reach out if you have any additional questions or need any further information. God bless, Ben Spell Owner, Good Ranchers, LLC 14303 Windsor Oaks 1Lan, info@gaoa rcanc)Eners.eoin Houston, Texas 77062 www.goo .ramchers.coii 423 of 472 15 CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Good Ranchers EVENT: Good Ranchers Food Drive DATE OF EVENT: June 16, 2021 to July 5, 2021 APPROVALS: COMMUNITY SERVICES RISK MANAGER PUBLIC WORKS FINANCE FIRE POLICE ENGINEERING COMMUNITY DEVELOPMENT YES [ x ] YES [x] YES [ x ] YES [x] YES [x] YES [x] YES [ x] YES [x] NO [ NO [ NO [ NO [ NO [ NO [ NO [ NO [ SEE CONDITIONS [ ] SEE CONDITIONS [ x ] SEE CONDITIONS [ ] SEE CONDITIONS [ ] SEE CONDITIONS [ x SEE CONDITIONS [ ] SEE CONDITIONS [ ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: PUBLIC WORKS (619)366-4580 No comments POLICE DEPARTMENT No comments ENGINEERING No comments COMMUNITY SERVICES No involvement FINANCE Good Ranchers has already applied for the Business License. Finance/Business License has no other comments or stipulations. 424 of 472 16 COMMUNITY DEVELOPMENT Planning No comments Building No comment Neighborhood Services Neighborhood Notifications — Events are required to notify residents and/or businesses of the surrounding impacted areas by the event. The notice shall include the name of the event, name and phone number of the company/organization producing the event, the dates and times of the event (including set-up and breakdown) and a detailed description of how the residents and/or businesses may be affected, such as by street closures, "No Parking" signs being posted, music at the event, etc. Display of banners -- Banners are allowed on site for event but must be removed immediately thereafter event completion. If you wish to place banners in any location other than on -site, you must get approval from the property/business owner where you intend to display the banner. RISK MANAGER (619) 336-4370 Risk Management has reviewed the above -captioned application for the issuance of a Temporary Use Permit. As much as the event will be held solely on private property, there will be no additional insurance requirements necessary for the issuance of the permit. It should be noted that the applicant properly executed the Hold Harmless and Indemnification Agreement at the time the Special Event Application was submitted. 425 of 472 17 FIRE (619) 336-4550 INSPECTION REQUIRED A permit. for the tent is S604 00. If ad. afterrhoa rs inspection is need,:arn. aci itio,aI one`)hun red and ninety oate do Tars $19deTota1;Fees currenifily are .($600' :a0) Stipulations required by the Fire Department for this event are as follows: 1) Access to entrances and Fire Department connections for fire sprinkler systems, standpipes, etc. 2) Fire Department access into and through all business areas are to be maintained at all times. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 14 feet. 3) Fire Hydrants shall not be blocked or obstructed. 4) Provide a 2A:10SC fire extinguisher in tent. Extinguisher to be mounted in a visible location between 31/2' to 5' from the floor to the top of the extinguisher. Maximum travel distance from an extinguisher shall not be more than 75 feet travel distance. 5) !f tents or canopies are used, tents having an area in excess of 200 square feet and or canopies in excess of 400 square feet or multiple tents and or canopies placed together equaling or greater than the above stated areas, are to be used, they shall be flame-retardant treated with an approved State Fire Marshal seal attached. A ten feet separation distance must be maintained between tents and canopies. 6) A permit from the Fire Department must be obtained. Cooking shall not be permitted under tents or canopies unless the tents or canopies meet "State Fire Marshal approval for cooking. Additionally cooking of anything producing grease laden vapor shall not be allowed under the tents or canopies unless venting is provided. Please see Fire Department for direction, Certificate of State Fire Marshal flame resistancy shall be provided to the National City Fire Department if applicable. Fees can only be waived by City Council. a. Canopies: 18 426 of 472 b. Tents: 1. 0 - 400 sf - $0 2. 401 -- 500 sf - $353.00 3. 501 - 600 sf - $394.00 4. 601 -- 700 sf $515.00 1. 0 -200 sf - S300.00 2. 201 - (+) sf - $600.00 Internal combustion power sources that may be used for power shall be of adequate capacity to permit uninterrupted operation during normal operating hours. Refueling shall be conducted only when the power is not in use. 8) Internal combustion power sources shall be isolated from contact with the public by either physical guards, fencing or an enclosure. Internal combustion power shall be at least 20 feet away from the ride. 9) Automobiles and other internal combustion engines shall be a minimum distance of twenty feet (20) from tents and canopies. Use of some sort of barricades will be required. 10) Any electrical power used is to be properly grounded and approved. Extension cords shall be used as "Temporary Wiring Only". 11) A fire safety inspection is to be conducted by the Fire Department prior to operations of the event. 12) Required inspections taking place, after hours, holidays, and weekends will be assessed a minimum of two hundred ($191.00) dollars. 13) Exit openings from tents shall remain open unless covered by a flame - resistant curtain. The curtain shall comply with the following: a. Curtains shall be free sliding on a metal support. The support shall be a minimum of 80 inches above the floor level at the exit. Then curtains shall be so arranged that, when open, no part of the curtain obstructs the exit. b. Curtains shall be of a color, or colors, that contrast with the color of the tent. 14) In public tent areas, smooth surfaced, unobstructed aisles having a minimum width of not less than 44 inches shall be provided from seating areas, and aisles shall be progressively increased in width to provide, at all points, not less than 1 foot of isles width for each 50 persons served by such aisles at the point. 427 of 472 19 15) The arrangement of aisles shall be subject to approval by the fire code official and shall be maintained clear at all times during occupancy. 16) Exits shall be clearly marked. Exit signs shall be installed at required exit doorways and where otherwise necessary to indicate clearly the direction of egress when the exit serves and occupant of 50 or more 17) Exit signs shall be GREEN in color and shall be of an approved self- lumination type or shall be internally or externally illuminated by luminaries supplied in the following manner: a. Two separate circuits, one of which shall be separated from all other circuits, for occupant loads• of 300 or less. 18) Means of egress shall be illuminated with light (Bug Eyes) having an intensity of not less than 1 foot-candle at the floor level while the structure is occupied. Fixtures required for means of egress illumination shall be supplied from a separate circuit or source of power. 19) Internal combustion power sources that may be used for emergency power shall be of adequate capacity to permit uninterrupted operation during normal operating hours. Refueling shall be conducted prior to start of the event. 20) Internal combustion power sources shall be isolated from contact with the public by either physical guards, fencing or an enclosure. Interne! combustion power shall be at least 20 feet away from the tent. 21) Any electrical power used is to be properly grounded and approved. Extension cords shall be used as "Temporary Wiring" only. Consult building official for requirements. 22) Every room or space that is an assembly occupancy shall have the occupant load of the tent or space posted in a conspicuous place, near the main exit or exit access doorway from the room or space. Posted signs shall be of an approved legible permanent design and shall be maintained by the owner or authorized agent. The maximum occupant load of this space shall be based on room set-up and items placed inside tents or canopies. The maximum occupancy Toad shall posted by the Building Official based on room configuration. At no time shall the owner or agent allow the posted occupant load to be exceeded. 23) Smoking shall not be permitted in tents, canopies or membrane structures. Approved "No Smoking" signs shall be conspicuously posted. 428 of 472 20 The following page(s) contain the backup material for Agenda Item: Temporary Use Permit — Rosarito Motorcycle Run hosted by Coronado Beach Harley Davidson on September 17, 2021 from 7:30 a.m. to 12:30 p.m. at 3201 Hoover Avenue with no waiver of fees. (Community Development) Please scroll down to view the backup material. 429 of 472 C TOF KAMNALCITY,Cf;U ORN COU CAL AGED O , ST V EG EN T MEETING DATE: June 15, 2021 AGENDA d TEiAid NO. ITEM TITLE: Temporary Use Permit — Rosarito Motorcycle Run hosted by Coronado Beach Harley Davidson on September 17, 2021 from 7:30 a.m. to 12:30 p.m. at 3201 Hoover Avenue with no waiver of fees. PREPARED BY: Dionisia Trejo ! DEPARTMENT: Co PHONE: (619) 336-4255 APPROVED BY: EXPLANATION: This is a request from Coronado Beach Harley Davidson to conduct the Rosarito Motorcycle Run on September 17, 2021 from 7:30 a.m. to 12:30 p.m. at 3201 Hoover Avenue. The purpose of this event is to raise money for local and national charities and bring patrons to National City. This event will consist of a motorcycle ride from Coronado Beach Harley Davidson to Rosarito. This event is open to the public and free of charge. velopment Department The applicant is also requesting to close off the west curb line (minus the driveways) from 30th Street until 33rd Street for motorcycle parking anticipated to be as much as 1,500 participants. NOTE: On May 1, 2018 City Council approved a similar event, sponsored by Coronado Beach Harley Davidson. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: MiS City fee of $272.00 for processing the TUP through the various City departments, plus $620.42 for Public Works and $741.52 for Police Department. Total fees: $1,633.94 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance STAFF RECOMMENDATION: ;Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees or in accordance to City Council Policy 802. BOARD / COMMISSION RECOMMENDATION: IN/A ATTACHMENTS: Application for a Temporary Use Permit with recommended approvals and conditions of approval. din of a79 1 > T e of Event Pubfic Cnocort Ffli r Pearls Demonstrator Motier Pi01.1.Je u6t.N.i.i.1 4,-.0:1,1‘tflG 4C Foti(a I ift11:3 • the •%.% f.,eiviceS Department MAY 9 d REC:j qahonai city RECEIVED Corranunny veer t E!ock Party Fvent T,th FID4Charltles - Rost Beach Molorcyele Run Event Location- 3201 Hoover Ave, National City CA. 91950 E vont Dato(s): From pti ?"2-1 . to pi 7)21_ Acta af EVera l'10-u rS: La. Oa _ AM to .:12111 PM To Anticveled Atonic- gp iorA ( p_0%,,„_Poduciparits jo.k..,s1>petTators) seturvas$ernblyteoristrtiction Date: 9:117/21 slon tune: 7 Am PI), (10sOrto Ina soopo of your sottApiasseMbly work (specifir; doings): 4; R4c.pstaitior. Tables and 'I U chairti inslde store. Outside setup:10)00 canople.ti 0i$rnantio t.laSte• 9/ t7,21 cornootion Tale. 'I PM List arty streol(s) n704,41'1113 clostakt OS a result of this event. Incluclo street nartria(s), thIty ans,I0LacfcaffixiittLagy ',AV Ernst tOOppM): _,_ , , , From :il(Ith Street southbound ula thru R3rd & National thy Blvd. Parf(Ing lanes will la-e dosed fur motorcycles. Entry/Exits Zo existing businesses WIll be open and avallabie. Direct ' i fron of CO Hal'41,), PO rkiag are WI I txt,711°:d, ;c:rrritz,11;17;',7c1,rp,:*. ;744 c ' ' il:',;,,PLP..,: ...; i , , ,,,,,.,, _. ,.,...; ,..,..s..,. .1 •`^"1 4:7 z..r:rs, '..:1." ' 0,'"1,,.' '".1`11'tk!' I "'I''. 'i •.' '" , tIl If A' ,, ,f,s. ., I 1.,4.!:,..,,,,,,,„, I ,..,,,,,,,;---. 4 „ .,... ,; ,, ''',' .,.*•"°4.1%.'''.1:1.''.. ,f,'.',. . ,t"'":.'„:'.:^41-4,1;,,, J...., „ ,... . , . . ....., , "4 :, It..!'r-'' j "”''' AZ- .......1'.4;14-rr Spemoring Chief Officer of Organtution (Name) Applicant kNa:r.a,...,a .., . .t•..- _.t.Q.12,Abt,1 AtldrOSti: !207 !-Iccivtt.r Ave NOLIOnni C4 CA. 0'1 /GO n10 Pcnt eii2-79:221.20 Ever, i Phone: 949.279.8859 E-ma Mila"7 Contact Perif.:•fl"or silo' day of ma ev am-at4 NOTE: mos PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF T E EVENT AND IMMEDIATELY AVAILMLE 70 1TY OFFICIALS 431 of 472 , i �'.,x ITIT. n,a tx i..`.'�� Is your organization a "Tax Exempt, nonprofit' organization? YES NO Are admission, entry, vendor or participant fees required? YES Y,NO If YES, please explain the purpose and provide amount(s): Estimated Gross Receipts including ticket, product and sponsorship sales from this event. Estimated Expenses for this event. What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. 1\ 0 4 \ I" \ 7--, .Ar , ,9,,,,, , r -co v )(..._,,,,A ` NJ,. so,3\-cA 'so, \-\45,,DvQ, LL,t, 4 -r: s ci-ov-,- ks,„„k1/400APL- cb4.) „;- ,A8,0 ' c. `,,s„ woe- _._,..,Le.,S ', - #fie -• Li—. . , , L s` a ;;, . p I N ,t)„,4 : 4\ iQ.D \. ;l t- rl \olAixrS f r O 'cif -- _ pp. r. - 1- litr .. c Ct eseS% raN Jf . - g I \ °v L C.;., _YES kNO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: 2 432 of 472 YES YNO Does the event involve the sale or use of alcoholic beverages? YES )(NO Will Items or services be sold at the event? If yes, please describe: RYES NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. ,,YES NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event, -YES NO Does the event involve he use of tents or canopies? If YES: Number of tent/canopies Sizes )e) X / NOTE: A separate Fire Department permit is required for tents or canopies. YES — NO Will the event involve the use of the City or your stage or PA system? SPECIFY: ocr- In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. Food Concession and/or Food Preparation areas Please describe how food will be served at the event: If you Intend to cook food in the event area please specify the method: GAS „ELECTRIC CHARCOAL OTHER (Specify): L,. Portable and/or Permanent Toilet Facilities Number of portable toilets: (1 for every 250 people is required, unless the applicant can show that th re are facilities in the immediate area available to the public during the event) ITables # and Chairs # ,r ' Fencing, barriers and/or barricades Generator locations and/or source of electricity Canopies or tent locations (include tent/canopy dimensions) Booths, exhibits, displays or enclosures Scaffolding, bleachers, platforms, stages, grandstands or related structures Vehicles and/or trailers Other related event components not covered above Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusio of the event the area must be returned to a clean condition.) Number of trash cans: Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: 3 433 of 472 Please describe your procedures for both Crowd Control and Internal Security: &C 1' ; 5°; "i` r _ YES NO Have you hired any Professional Security organization to handle security arrangeme is for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: YES NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please Indicate what arrangement you have made for providing First Aid Staffing and Equipment. + m. Plisase describe your Accessibility Pan for accCess at your event by individuals with disabilities: VAliTC Ace ' o oRe 1:7*-14< Please provide a detailed description of your PARKING plan: Ato Pr Please describe your plan for DISABLED PARKING: „.*A r "ia = DD. ff77 Please describe your plans to notify all residents, businesses and churches impacted by the event: , AC .. j i 441.C. / 1/1.$i — ,tt'! 1-fe. ' 6,0 P.Ati r, Oa NOT : eighborhood residents must be notified 72 hours In advance when events are scheduled in the City parks. 4 434 of 472 NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: Number of Bands: Type of Music: NO Will sound amplification be used? If YES, please indicate: Start time: 02 /pm Finish Time "1„ ern YES NO Will sound checks be conducted prior to the event? If YES, please Indicate: Start time: amPpm Finish Time am/pm YES Please describe the sound equipment that will be used for your event: NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: YES ,,LLNO Any signs, banners, decorations, special lighting? If YES, please describe: Revised 02/29/12 5 435 of 472 City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. off,v Ary, 'A it- C)WS4A\ Person in Charge of Activity Et YA i Organization Address TelephoneZ; d9)< Date(s) of Use 9(rt-t HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public ar private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death ar property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors, Sig,"0 of Applicant Off ral Ti Date r co g�o� 1 ri For Office Use Only Certificate of Insurance Approved Date 6 436 of 472 Lorrop,ils<9 '7_,77\,„w•‘s --•-2-05.ecN-',,To -?„00 0\k-k7;\ • 7 437 of 472 please see da+dmap for; paAnJtgthg, 5I21 From3O Street ,om o dupmm33 &Nato||nalCity Patin lanesw,■h«doetformoto&yce&Entryxitt existing businesses Will bed open d available. Directly in ROM of CB Harley P■r1� lane will be dosed for motorcycles. PIo e let me know R you -have any other que Lions. ankh you, C and KaranIck Coronado Beach h R General Manager 51 a7. Q7 8 438 of 472 We'61'A 0,0-* 4046'. • : . ("7' r. ti 4 " • ;':." 6, Fi "d0 T cr 444 9 439 of 472 City of National City BUSINESS TAX CERTIFICATE "For Services Provided in National City, California Only" Business Nanie Business Location Business Owner(s) CORONADO BEACH HARLEY-DAVIDSON 3201 HOOVER AVE NATIONAL CITY, CA 91950-7223 MARK A. SMITH CBH POWERSPORTS, LP & CBH GENPAR LLC. CORONADO BEACH HARLEY-DAVIDSON 3025 W LOOP 820 S FORT WORTH, TX 76116-5989 THIS BUSINESS TAX CERTIFICATE DOES NOT PERMIT A BUSINESS THAT 15 OTHERWISE PROHIBITED_ 141:9P rr Business Type Account Number Effective Date Expiration Date 2021 TO BE POSTED IN A CONSPICUOUS PLACE AND NOT TRANSFERABLE On ASSIGNABLE Retail Sales - General 09019712 January 01,2021 December 31, 2021 City Manager NOTE: IT IS YOUR OBLIGATION TO RENEW THIS CERTIFICATE WHETHER OR NOT YOU RECEIVE A RENEWAL NOTICE For all inquiries regarding this certificate, contact Hdt. Business Tax Support Center at (619) 382.2696. CORONADO BEACH HARLEY-DAVIDSON Thank you for your payment on your National City Business Tax Certificate. ALL CERTIFICATES MUST BE AVAILABLE FOR INSPECTION UPON REQUEST. If you have questions concerning your business license, contact the Business Support Center via email at: NationalCity@HdLgov.com or by telephone at: (81 9) 382-2596 Keep this portion for your license separate in case you need a replacement for any lost, stolen, or destroyed license. A fee may be charged for a replacement or duplicate certificate. This certificate does not entitle the holder to conduct business before complying with all requirements of the National City Municipal code and other applicable laws, nor to conduct business in a zone where conducting such business violates law. If you have a fixed place of business within the National City, please display the Business Tax Certificate below In a conspicuous place at he premises. Otherwise, every Business Tax Certificate holder not having a fixed place of business in the City shall keep the Business Tax Certificate upon his or her person, or affixed In plain view any cart, vehicle, van or other movable structure or device at all times if required by the Collector. Starting January 1, 2021, Assembly Bill 1607 requires the prevention of gender -based discrimination of business establishments. A full notice is available in English or other languages by going to: https:llwww,dca.ca.govtpublicationsl ;oAslagrinlq«. BUSINESS TAX SUPPO END faltIONAtUrr CENTER W l ,NC�ItI'a0.YY,P! 8839 N CEDAR AVE #212 CBH POWERSPORTS, LP & CBH GENPAR LLC. CORONADO BEACH HARLEY-DAVIDSON 3025 W LOOP 820 S FORT WORTH, TX 76116-5989 City of National City BUSINESS TAX CERTIFICATE Account Number: 09019712 Date of Issue: 01/0112021 10 440 of 472 Policy Number: Date Entered:0 x CERTIFICATE OF G THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ON CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEN BELOW. THIS CERTIFICATE OF INSURANCE_ DOES NOT CONSTIT REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, th If SUBROGATION 13 WAIVED, subject to the terms and conditions of this certificate does not confer rights tattle certificate holder In Iles of s PRODUCER POP Group, Inc, 10909 McCormick Rd. Hunt Valley, MD 21031 INSURE CBH Powersporis, LP dba Coronado Beach Harley Davidson 3201 Hoover Avenue National City, CA 91950 COVERAGES PROD! CUSTOMER ID; xCY1�lUN i}: THIS 15 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABDVE Fort THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OP' ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT .TO WHICH THIS CERTIFICATE MAY DE 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, BJSR AWL SUER LTR TYPE OF INSURANCE INBIt WW POLICY Noma ER Paley EFF POLICYYJIP 0jM arvYYY1 jommorYYYY) GARAGE LIABILITY ANYAUTO OWNED AUTOS ONLY NJRB AUTOS NON -OWNED AUTOS USED IN GARAGE BUSINESS AU2020DCP00758 kR` AGE INSURANCE e uch DATE auroorn n 3/26/2021 LY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS ), EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES UTE A CONTRACT BETWEEN THE ISSUING INSURER(s), AUTHORIZED poltcy(les) must have ADDITIONAL INSURED provisions or be endorsed, the policy, certain policies may require an endorsement. A statement on endorsements). NAB acT Nicole Amass; ntamossna pdpgroupinc,cam PHONE 410 584.1500 IArC, No. s><ty; I ) INC, Nei; {410)584-2052 ADDRESS; pdpinsagencyQpdpgmupEnc.cDm INsunergB) AFFORDING COVERAGE NAIL # INSURER A: New York Marine & Generat Ins, Co 16608 INSURER R: StarStone National Insurance Company 25496 INSURER C I INSURER 0 I INSURER E: INSURER P n e ear, can .v., )8/16/2020 30/16/2021 GARAGE KEEPERS LIABILITY LEGAL LIADILITY DIRECT BASIS JPRIMARY I I EXCESS COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR DEN'L AGGREGATE LIMIT APPLIES PER: PCLICY L I JE O. I l LOC OTI-IE.R; AU 2020D DP00758 UMBRELLA LIAB EXCESS LIAR X OCCUR CLAIMS -MAD£ DED RETENTION$ 10,000 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORJPARTNERFEXI CUTIVE OFF10ER/MENBER EXCLUOl:D7 YIN IMel,detory Id NH) Er w Ilea describe ondar REM/RIGS below Excess Umbrella NIA UM202000P00750 X87354200AL1 REMARKS (ACORD 101, AdaHlaaal Hemar1:e Schedule, may be altaetred H more space Is rayulredl t he Certificate Holder Is listed as an Additional Insured as required by written contract for an event held on 5/17/2021 at: 3201 Hoover Ave, National City, CA 91950. Policy Includes 30 days notice of cancellation for other than nonpayment, 08/1612020 3&1812621 3B/1612020 10/1812021 J8/16/2020 00115)2021 CERTIFICATE HOLDER LIMITS AUTO ONLY (Es uecklunl) a $ 1,000,000 CTIIERTHAN EA ACCIDENT $ 1,000,000 AUTO ONI.Y fI AGGREGATE $ 3,000,000 COMP/ LOC S ECIFIED PERILS LOC $ .$ COI.LIStMN LOC LOC $ $ _ EACH OCCURRENCE; $ 1,000,000 DAMAGE TO lihNTED PREMISES IEa occurrence) $ MIOD EXP (Any oneperson) $ 5,000 PERSONAL &ADV INJURY $ 1,000,000 GENERAL AGGri cis rE $ 3,000,000 PRODUCTS -COMP/OP AGO $3,000,000 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 r $ X. STATUTE I I " E.L. EACH ACCIDENT $ E.L,DISEASE •EAEMPLOYEE $ El., DISEASE- POLICY LIMIT $ limit 10,000,000 The City of National City Its officials, agents, employees, and volunteers 1243 National City Boulevard National City, CA 91950 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BI: CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL. BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 2010-2015 ACORD CORPORATION. All rights reserved. ACORD 30 (2016/03) The ACORD name and logo are registered marks of ACORD 441 of 472 CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Coronado Beach Harley EVENT: Rosarito Ili1lotoroycle Run DATE OF EVENT: September 17, 2021 APPROVALS_ COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x ] PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ x ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ xi FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x ] ENGINEERING YES [ x ] NO [ ] SEE CONDITIONS [ ] COMMUNITY DEVELOPMENT YES [ x ] NO [ ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: PUBLIC WORKS {619)366-4580 Streets Division 2 Workers: $113,47hr. for 4hrs. = $453.88 100 Cones= $22,29 25 No Parking Signs with barricades: $1.49ea. = $37.25 6 Signs with Stands: $2,66ea. = $15.96 1 Ton Dump Truck: $22.76hr. for 4hrs = $91.04 Total = $620.42 Parks Division No involvement Facilities Division No comments 12 442 of 472 POLICE DEPARTMENT Applicant would like to close off the west curb line (minus the driveways) from 30th Street until 33rd Street for motorcycle parking anticipated to be as much as 1,500. After, the group plans to ride as one large group into Mexico. The requestor changed his route to now head east on 33rd Street and south on National City Boulevard onto the freeway, Based on these changes, I would recommend we have two officers work the event primarily for traffic control. This will allow for the safe flow of traffic leaving the City. 2 officers for a minimum shift of 4 hours (per their MOU), $92.09 x 4 hours= $370.76 per officer Total for two officers = $741.52 ENGINEERING No comments CITY ATTORNEY Approved on conditions that Risk Manager approves COM1VIUNITY SERVICES No involvement FINANCE Coronado Beach Harley-Davidson has a current business license #09019712. Finance/Business License has no other comments or stipulations. COMMUNITY IDEVELGPIVIENT Planning All activities shall comply with the limitations contained in Table 111 of NCMC Title 12 (Noise). Building No comments 13 443 of 472 Neighborhood Services Neighborhood Notifications — Events are required to notify residents and/or businesses of the surrounding impacted areas by the event. The notice shall include the name of the event, name and phone number of the company/organization producing the event, the dates and times of the event (including set-up and breakdown) and a detailed description of how the residents and/or businesses may be affected, such as by street closures, "No Parking" signs being posted, music at the event, etc. Display of banners -- Banners are allowed on site for event but must be removed immediately thereafter event completion. If you wish to place banners in any location other than on -site, you must get approval from the property/business owner where you intend to display the banner. RISK MANAGER (619) 336-4370 Risk Nianagement has reviewed the above -captioned request for the issuance of a Temporary Use Permit. To satisfy the City's insurance requirements, the applicant has provided the following: • A valid copy of the Certificate of Liability Insurance. • The insurance policy has a combined single limit of no less than $1,000,000,00 (ONE MILLION DOLLARS) for each occurrence and $3,000,000.00 (THREE MILLION DOLLARS) in aggregate covering the date and location of the event. • The insurance company issuing the insurance policy has an A.M. Best's Guide Rating of A: VII and that the insurance company is a California admitted company. The applicant must provide the following to comply with the City insurance requirements in connection with this application: • The applicant must provide a separate additional insured endorsement. It must note the additional insured as "The City of National City, its officials, agents, employees, and volunteers" for the Commercial General Liability coverage. • The Certificate Holder must reflect: City of National City c/o Risk Manager 1243 National City Boulevard National City, CA. 91950-4301 It should be noted that the Indemnification and Hold Harmless Agreement were properly executed by the applicant when the Special Event Application was submitted. 14 444 of 472 FIDE (619) 336-4560 NO SITE INSPECTION REQUIRED AT THIS TIME Stipulations required by the Fire Department for this event are as follows: 1) Access to the street to be maintained at all times, to both entrances and Fire Department connections for fire sprinkler systems, standpipes, etc. 2) Access to Coronado Beach Harley Davidson to be maintained al all times, to both entrances 'and Fire Department connections for fire sprinkler systems, standpipes, etc 3) Fire Department access into and through the event areas are to be maintained at all times. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not Tess than 14 feet 4) Fire Hydrants shall not be blocked or obstructed to be maintained at all times, to all streets driveways and entrances and Fire Department connections for fire sprinkler systems, standpipes, etc. 6) Participants on foot are to move immediately to the sidewalk upon approach of emergency vehicle(s) 6) Vehicles in roadway are to move immediately to the right upon approach of emergency vehicle(s). 7) Provide access to all driveways streets 8) if cooking booths are used, (additional fees may apply) booths to have one 2A:10BC on site. if grease or oil is used for cooking, a 40:BC or class "K" fire extinguisher will be required. All fire extinguishers to have a current State Fire Marshal Tam attached. Please see attached example. 9) If tents or canopies are used, tents having an area in excess of 200 square feet and or canopies in excess of 400 square feet or multiple tents and or canopies placed together equaling or greater than the above stated areas, are to be used, they shall be flame-retardant treated with an approved State Fire Marshal seal attached. A ten feet separation distance must be maintained between tents and canopies. A permit from the Fire Department must be obtained. Cooking shall not be permitted under tents or canopies unless the tents or canopies meet "State Fire Marshal approval for cooking. Please see Fire Department for direction. Certificate of State Fire Marshal flame resistancy shall be provided to the National City Fire Department if applicable. A permit for the projected canopies/tents shall be per the below fee schedule, fees can only be waived by City Council. 15 445 of 472 Canopies: Tents: 0--400sf- $0 401 — 500 sf - $353.00 501 — 600 sf - $394,00 601 — 700 sf - $515.00 0 --200 sf - $300.00 201 — (*) sf - $600.00. 10) Fire Department access into and through the booth areas are to be maintained at all times. 11) if a fire safety inspection is required it shall be conducted by the Fire Department prior to operations of the entire event. Fee for after hour/weekend inspection shall be $191.00 dollars for the first two hours. A fee shall be charged for every hour (or part) after the first two hours. 12) Site map indicating access points, booth layout and ride areas are required. Site map included. If you have any questions please feel free to contact me. 16 446 of 472 The following page(s) contain the backup material for Agenda Item: Temporary Use Permit — Request from Homestead Steaks, LLC to conduct the Homestead Steaks Sale at 1536 Sweetwater Road from June 16, 2021 thru July 6, 2021 with no waiver of fees. (Community Development) Please scroll down to view the backup material. 447 of 472 MEETING DATE: June 15, 2021 ITEM TITLE: Temporary Use Permit — Request from Homestead Steaks, LLC to conduct the Homestead Steaks Sale at 1536 Sweetwater Road from June 16, 2021 thru July 6, 2021 with no waiver of fees. PREPARED BY: Dionisia Trejo l DEPARTMENT: Co PHONE: 1(619) 336-4255 APPROVED BY: EXPLANATION: This is a request from Homestead Steaks to conduct the Homestead Steaks Sale at 1536 Sweetwater Road from June 16, 2021 thru July 6, 2021. Daily hours of operation will be from 10 a.m. to 6 p.m. nity ievelopment Department Applicant will set-up a 20x20 tent in the parking lot. This outdoor tent will provide the community with prepacked frozen USDA steak, chicken, and seafood for sale. There is no cooking, sampling, or serving of any kind. Note: This is the first time this organization has requested a Temporary Use Permit. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS City fee of $272.00 for processing the TUP through various City departments and $600.00 for Fire Department. Total Fees are $872.00 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: 1 STAFF RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees in accordance with City Council Policy 802. BOARD / COMMISSION RECOMMENDATION: NIP ATTACHMENTS: Application for a Temporary Use Permit with recommended conditions of approval. 448 of 472 CALIFORNIA — NATIONAL City 1,11 e� eyyJ! :J :i J �+ INCORPORATED T . e of Event EFair/Festival 15Z1TUP jr /1( City of National City Neighborhood Services Department 1243 National City Boulevard w National City, CA 91950 (619) 336-4364 w fax (619) 336-44217 www.nationalcityca.gov Special Event Application CParade/March Walk or Run ❑Concert/Performance Sporting Event El Other (specify) Event Name & jL�o�ca:tion Event Title Art` ecre ` ! i� k L, Lf Event Location (list all sites being requested) Ju eel w;ty2- a'e-6 5(Yl 1 Event Times Set -Up Starts Date Event Star' Date fime Event En& ,, ( l Ill _„ Date l l lme In , Breakdown Ends Date t rIn Day of Week Day of Week Day of Week Applicant (Your name,. t v1 b I (1 Spon Event Coordinator (if different from applicant) }�1� Mailing Address fl!5 �• `\Jtd-obSotl oring Organization Day Phone After Hours Phone CeI Public Information Phone E-mail \o l t U , Mo.i-)4T/c lly- Com Applicant agrees to investigate, defend, indemnify and hold harmless the City, its officers, employees and agents from and against any and at Toss, damage, liability, claims, demands, detriments, costs, charges, expense (including attorney's fees) and causes of action of any character which the City, its officers, employees and agents may incur, sustain or be subjected to on account of loss or damage to property or the loss cif use thereof and for bodily injury to or death of any persons (including but not limited to the employees, subcontractors, agents and invitees of each party hereto) arising out of or in any way connected to the occupancy, enjoyment and use of any City premises under this agreement to the extent. permitted by law. Applicant understands this TUP/special event may implicate fees for City services, which will have to be paid in the City's Finance Department 4 . hours prior to the event set-up __The undersigned also understands and accepts the City's refund policy for appf( a ion fj use and thbt,fees and charges are adjusted annually,and are subject to change_ i 1r `�� l Signature of Applicant: `� r' ✓' DateI } 449 of 472 Special Event Application (continued) Please complete the following sections with as much detail as possible since fees and requirements are based on the information you provide us. Pees/Proceeds/Re • ortin • Is your organization a "Tax Exempt, nonprofit" organization? Yes Li No n Are admission, entry, vendor or participant fees required? Yes n No NI If YES, please explain the purpose and provide amount (s): S Estimad Gross Receipts including ticket, product and sponsorship sales from this event. $1_`uD Estimated Expenses for this event. $ What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? First time event l._ Returning Event include site reap with application Note that this description mTy be published in ou City Public Special Events Calendar: :\. ip I ( Oifiii iC ,--P,111 ',} Yalg .a.Q ivo.,,A, :,i'lio.t-t-14,kliki-6,,ig- cit2 - AatJe. £. C(I ', � 11t' ..t -.4►'1/ ��. W,11 IMVI G Z0 'i- 1 i"- a 2 o0-. ' Gk f e t1 pWriulli A_ L-QAJcc Estimated Attendance �� ed # of Partici ants: �, `- ti Anticipat p Anticipated # of Spectators: 450 of 472 Traffic Control, Securit First Aid and Accessibilit Requesting to close street's) to vehicular traffic? Yes NoEt' List any streets requiring closure as a result of the event (provide map): Date and time of street closure: Date and time of street reopening: [Other (explain) Requesting to post "no parking" notices? Yes E No Requested "No Parking" on city streets and/or parking lots (list streets/parking lots) (provide map): LiOther (explain) Securit and Crowd Control Depending on the number of participants, your event may require Police services. Please describe your procedures for both Crowd Control and Internal Security: ,Y✓ Have you hire Professional Security to handle security arrangements for this event? YesE No ; If YES, name and address of Security Organization ti Security Director (Name): Phone: If using the services of a professional security firm and the event will occur on City property, please provide a copy of its insurance certificate, evidencing liability with limits of at least $1 Million dollars per occurrence/$2 Million dollars aggregate, as well as and additional insured endorsement naming the City of National City, its officers, employees, and agents as additional insureds. Evidence of insurance must be provided by the vendor or its insurer to the Neighborhood Services Department at the time of submission.. Is this a night event? Yes❑ NoIf YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: 451 of 472 First Aid Depending on the number of participants your station to be staffed by event staff? Yes may require specific First Aid services. (maid First aid/CPR certified'? Yes First aid station to be staffed by professional company. ® Company If using the services of a professional medical organization/company and the event will occur on City property, please provide a copy of its insurance certificate, evidencing liability with limits of at least $1 Million dollars per occurrence/$2 Million dollars aggregate, as well as and additional insured endorsement naming the City of National City, its officers, employees, and agents as additional insureds. Evidence of insurance must be provided by the vendor or its insurer to the Neighborhood Services Department at the time of submission. ccessibilit 1 ase describe your Acce •sibi 'ty Plan for access at your event by ndividuals with disabili 'es: rrti,Jr if-' ,t� Ail+ �� (,a QiLV»flM1 LM.fit., zi 2 f 4 Elements of your Event Setting up a stage? Yes l ❑ N l Requesting City's PA system Requesting City Stage; if yes, which size? u Dimensions (13x28) LiDimensions (20)(28) Applicant providing own stage Setting up canopies or tents? l # of canopies size (Dimensions) o f, # of tents size ONo canopies/tents being set up 4 452 of 472 L etting up tables and chairs? Furnished by Applicant or Contractor # of tables I n I No tables being set up l J # of chairs El No chairs being set up J J (For City Use Only) Sponsored Events — Does not apply to co -sponsored events # of tables ❑ No tables being set up # of chairs u No chairs being set up Contractor Name Contractor Contact Information Address City/State Phone Number Setting up other equipment? Sporting Equipment (explain) Other (explain) Not setting up any equipment listed above at event Having amplified sound and/or music? YesL No❑ ®PA System far announcements EICD player or DJ music Live Music ► ESmall 4-5 pie e live band it-u Large 6+ Other (explain) ` � ninqg 1� If using live music or a DJ. P. Contractor Name piece live band vit,( 1,0r, Address City/Stag.: Phone Number 5 453 of 472 Using lighting equipment at your event? ® Bringing in own lighting equipment ❑ Using professional lighting company Address Using electrical power? Yes nUsing on -site electricity ► Company Name ty/State phone Number l l Using Kimball Park Bowl Lighting (from to ) For sound and/or lighting ❑ For food and/or refrigeration erator(s) ❑ For sound and/or lig trig ❑ For food and/or refrigeration Vi ,i le PLEASE NOTE: You may be required to apply for a temporary health permit if food or beverages are sold of given away during your special event. Also see 'Permits and Compliance' on page 8 in the Special Event Guide. For additional information on obtaining a temporary health permit, please contact the County of San Diego Environmental Health at (619) 338-2363. Having food and non-alcoholic beverages at your event? Yes ❑ Non Vendors preparing food on -site to. # ► Business License # If yes, please describe how food will be served and/or prepared: ou If intend to cook food in the event area pleases ecify the method: [ GAS LECTRIC ❑CHARCOAL OTHER (Specify): Vendors bringing pre -packaged food ► # ► Business License # C! O`t` tv UVendors bringing bottled, non-alcoholic beverages (i.e., bottled water, can soda, etc.) IP # Vendors selling food # ► business License #(s) Vendors selling merchandise # ►Business License #(s) Food/beverages to be handled by organization; no outside vendors endors selling services # ► Business License #(s) I► Explain services Vendors passing out information only (no business license needed) # Explain type(s) of information ❑No selling or informational vendors at event 6 454 of 472 Having children activities? YesLI No� PLEASE NOTE: In the event inflatable jumps are provided at the event, The City of National City requires commercial liability insurance with limits of at least $1 Million dollars per occurrencef$2 Million dollars aggregate. In addition, the City of National City must be named as an Additional Insured pursuant to a separate endorsement, which shall be provided by the vendor or its insurer to the City's Risk Manager, along with the Certificate of Insurance, for approval prior to the event. The application should be filed out at least one week prior to the event. For questions or to obtain a copy of the "Facility Use Application", please contact the Engineering/Public Works Department at (619) 336-4588_ Inflatable bouncer house # Rock climbing wall Height nInflatable bouncer slide # ❑ Arts & crafts (i.e., craft making, face painting, etc.) -Carnival Rides Either Having fireworks or aerial display? Yesn N nVendor name and license # Dimensions Duration Number of shells Max. size PLEASE NOTE: In the event fireworks or another aerial display is planned for your event, The City of National City requires commercial liability insurance with limits of at least $2 Million dollars per occurrence/ $4 Million dollars aggregate. In addition, the City of National City must be named as an Additional Insured pursuant to a separate endorsement, which shall be provided by the vendor or its insurer to the City's Risk Manager, along with the Certificate of Insurance, for approval prior to the event. Depending on the size and/or nature of the fireworks display, the City reserves the right to request higher liability knits. The vendor must also obtain a fireworks pernnit from the National City Fire Department and the cost is $545.O0 Arranging for media coverage? YesJ No EYes, but media will not require special set-up IYes, media will require special set-up. Describe 7 455 of 472 Event Si•na,e PLEASE NOTE: For City sponsored or co -sponsored events, banners publicizing the event may be placed on the existing poles on the 1800 block and 3'100 block of National City Boulevard. The banners must he made to the City's specifications. Please refer to the City's Special Event Guidebook and Fee Schedule for additional information. Are you planning to have signage at your event? Yes Yes, we will post signage # Dimensions Yes, having inflatable signage # D. (complete Inflatable Signage Request form) Yes, we will have banners_# _ I{ What will signs/banners say? 0 �" I LI 4o How will signs/banners be anchor Location of banners/signage oV.(k! fikwdti 11,1 PLEASE NOTE: One toilet for every 250 people is required, unless the applicant can show that there are sufficient facilities in the immediate area available to the public during the event. Are you planning to provide portable restrooms at the event? Yes If yes, please identify the following: ® Total number of portable toilets: ' Total number of ADA accessible portable toilets: Contracting with portable toilet vendor. Company Phone ' Load -in Day & Time ® Load -out Day & Time uPortable toilets to be serviced. ® Time Set-u Breakdown, Cleanu, Setting up the day before the event? Yes, will set up the day before the event. ® # of set-up day(s) [ No, set-up will occur on the event day Requesting vehicle access onto the turf? nYes, requesting access onto turf for set-up and breakdown (complete attached Vehicle Access Request form) No, vehicles will load/unload from nearby street or parking lot. 8 456 of 472 NPDES-Litter Fence []City to install litter fence nApplicant to install litter fence 1:ZIN/A 'Breaking down set-up the day after the event? Yes, breakdown will be the day after the event. ® # of breakdown day(s) bbb��I,No, breakdown will occur on the event day, Ho How are you handling clean-up? Using City crews riUsing volunteer clean-up crew during and after event. I ' Using professional cleaning company during and after event. Miscellaneous Please list anything important about your event not already asked on this application: Please make a copy of this application for your records. We do not provide copies. 9 457 of 472 - CALIFORNIA NXTIONAL 1. 3 3'.l 1NCQI(VM1 AT)L . Special Event Information Special Events Pre -Event Storm Water Compliance Checklist Name of Special Event: Event Address:. 7 Event Host/Coordinator; 56)(6-0{ Expected t! of Attendees: Phone Number: RSSi II. Storm Water Best Management Practices (BMPs) Review YES NO N/A Will enough trash cans provided for the event? Provide number of trash bins: 411artt 1 i k piiiJ Will enough recycling bins provided for the event? Provide number of recycle bins: _ Will all portable toilets have secondary containment trays? (exceptions for ADA compliant portable toilets) Do all storm drains have screens to temporarily protect trash and debris from entering? Are spill cleanup kits readily available at designated spots?/ * A Pusl-)Event Storm Water Compliance Checklist will he completed by City Staff. 10 458 of 472 City of National City PUBLIC PROPERTY USE HOLD HARMLESS &ND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. The insurance company issuing the insurance policy must have a A.M. Best's Guide Rating of A:VII and that the insurance company is a California admitted company; if not, then the insurance policy to the issuance of the permit for the event. The Certificate Holder must reflect: City of National City Risk Management Department 1243 National City Boulevard National ity, CA 91950 Organization: . 11L Person in Charge of Activity: 1f Address: 1 L5 a , YN k(- \k Telephone: (1j 7A 3 - Date(s1 of Use: 104 HOLD HARMLESS AGREEMENT )1(io ,LX 7D 0` 1-( As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorney's fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, y n`ploveee..gr cor�`fra ors:-.ti Signature of Applican Official Title: (4�i j t Date: 4— Fcr Office Use Only Certificate of Insurance Approved Date lI 459 of 472 ICAIRb31b — 3iw rid!! • 0.) Q.• • i N.A.P. This exhibit is for reference only and is not a representation as to size, dimension, or location of any tenant in the shopping center. Ail #tuilding, improveiixients, their occupants, and their uses as shown an this plan are subject to modification at the landlord's discretion. • • i r • co • 40 Exhibit B • Site Plan Sweetwater Crossing National City, CA PropertyN735 July 2020 12 460 of 472 f „A01/110-A., ,-••• -- 461 of 472 fro rn poelsou.KH a 'La %rad ct (141. abi Qf 11\1\ -:11tIt -116 "TA119 45) WO 0)1 Sv Aivit.06 cioz y791Ipttlfq qt150 )0.4, --e — 6-4 (1 4 woo line/ 494804%Q Lt. lo 9•V. oflflt "ei5/1 .4.117i n iTTR A )01Slific) ?? 9 8 0A14. AOlAk r . Ayo 41911M GS -NA? ofq /411(,) 'AN** PVIA.T/0 0( MIA 7/1/0 MorPt 540± Iv7T/2 -014 O2kittlk 110J u_A Gi JA 149 5,A0 t310-ai5 io41al5 401-0 9-14er 91 n ie 1'4 r - nytt Stnikt CktO Slde- wa.0 �lb� �¢o 463 of 472 15 CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Homestead Steaks, LLC EVENT: Homestead Steaks, LLC DATE OF EVENT: June 16, 2021 to July 6, 2021 APPROVALS: COMMUNITY SERVICES RISK MANAGER PUBLIC WORKS FINANCE FIRE POLICE ENGINEERING COMMUNITY DEVELOPMENT YES [x] YES Ix] YES [x] YES [x] YES [x] YES [x] YES [x] YES [x] NO [ ] NO [ ] NO [ ] NO [ ] NO [ ] NO [ ] NO [ ] NO [ ] SEE CONDITIONS [ ] SEE CONDITIONS [ ] SEE CONDITIONS [ ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x] SEE CONDITIONS [ x] SEE CONDITIONS [ ] SEE CONDITIONS [ x CONDITIONS OF APPROVAL: PUBLIC WORKS (619)366-4580 No comments POLICE DEPARTMENT A Bulletin Infounation Form (BIF) will be created for all patrol personnel working during the event times listed. National City Police Officers will conduct extra patrol as available. Extra patrol will take place during un-obligated time, while taking into account that priority calls for service will take precedence. The applicant should set up their drive-thru service as to not impact traffic on Sweetwater Road. This can easily be accomplished by utilizing a traffic cone pattern that establishes the drive-thru entrance far away from the roadway. In order to avoid noise complaints, the applicant should ensure that any sound amplification devices from the radio station are not pointing toward the residential neighborhood located north of the event. ENGINEERING No comments 16 464 of 472 COMMUNITY SERVICES No involvement FINANCE Homestead Steaks LLC will need a Business License COMMUNITY DEVELOPMENT Planning No comments Building No comments Neighborhood Services Neighborhood Notifications --- Events are required to notify residents and/or businesses of the surrounding impacted areas by the event. The notice shall include the name of the event, name and phone number of the company/organization producing the event, the dates and times of the event (including set-up and breakdown) and a detailed description of how the residents and/or businesses may be affected, such as by street closures, "No Parking" signs being posted, music at the event, etc. Display of banners -- Banners are allowed on site for event but must be removed immediately thereafter event completion. If you wish to place banners in any location other than on -site, you must get approval from the property/business owner where you intend to display the banner. RISK MANAGER (619) 336-4370 Risk Management has reviewed the above -captioned application for the issuance of a Temporary Use Permit. In as much as the event will be held solely on private property, there will be no additional insurance requirements necessary for the issuance of the permit. It should be noted that the applicant properly executed the Hold Harmless and Indemnification Agreement at the time the Special Event Application was submitted. 17 465 of 472 FIRE (619) 336-4550 RED. A permit for the tent $ $600 00 if aa� aifierhours Inspection rs Weeder! an adds iateal one and ntnet one dgllars;($19'1 0O) Taial Fees currently are ($S00 00) urtidred Stipulations required by the Fire Department for this event are as follows: 1) Access to entrances and Fire Department connections for fire sprinkler systems, standpipes, etc. 2) Fire Department access into and through all business areas are to be maintained at all times. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 14 feet. 3) Fire Hydrants shall not be blocked or obstructed. 4) Provide a 2A:10BC fire extinguisher in tent. Extinguisher to be mounted in a visible location between 31/2` to 5' from the floor to the top of the extinguisher. Maximum travel distance from an extinguisher shall not be more than 75 feet travel distance. 5) If tents or canopies are used, tents having an area in excess of 200 square feet and or canopies in excess of 400 square feet or multiple tents and or canopies placed together equaling or greater than the above stated areas, are to be used, they shall be flame- retardant treated with an approved State Fire Marshal seal attached. A ten feet separation distance must be maintained between tents and canopies. 6) A permit from the Fire Department must be obtained. Cooking shall not be permitted under tents or canopies unless the tents or canopies meet "State Fire Marshal approval for cooking. Additionally cooking of anything producing grease laden vapor shall not be allowed under the tents or canopies unless venting is provided. Please see Fire Department for direction. Certificate of State Fire Marshal flame resistancy shall be provided to the National City Fire Department if applicable. Fees can only be waived by City Council. a. Canopies: b. Tents: 1. 0-400sf-$0 2. 401 — 500 sf - 3. 501 — 600 sf - 4. 601 — 700 sf $353.00 $394.00 $515.00 1. 0 --200 sf - $300.00 2. 201 — (+) sf - $600.00 7) Internal combustion power sources that may be used for power shall be of adequate capacity to permit uninterrupted operation during normal operating hours. Refueling shall be conducted only when the power is not in use. 18 466 of 472 8) Internal combustion power sources shall be isolated from contact with the public by either physical guards, fencing or an enclosure. Internal combustion power shall be at least 20 feet away from the ride. 9) Automobiles and other internal combustion engines shall be a minimum distance of twenty feet (20) from tents and canopies. Use of some sort of barricades will be required. 10) Any electrical power used is to be properly grounded and approved. Extension cords shall be used as "Temporary Wiring Only". 11) A fire safety inspection is to be conducted by the Fire Department prior to operations of the event. 12) Required inspections taking place, after hours, holidays, and weekends will be assessed a minimum of two hundred ($191.00) dollars. 13) Exit openings from tents shall remain open unless covered by a flame —resistant curtain. The curtain shall comply with the following: a. Curtains shall be free sliding on a metal support. The support shall be a minimum of 80 inches above the floor level at the exit. Then curtains shall be so arranged that, when open, no part of the curtain obstructs the exit. b. Curtains shall be of a color, or colors, that contrast with the color of the tent. 14) In public tent areas, smooth surfaced, unobstructed aisles having a minimum width of not less than 44 inches shall be provided from seating areas, and aisles shall be progressively increased in width to provide, at ail points, not less than 1 foot of isles width for each 50 persons served by such aisles at the point. 15) The arrangement of aisles shall be subject to approval by the fire code official and shall be maintained clear at all times during occupancy. 16) Exits shall be clearly marked. Exit signs shall be installed at required exit doorways and where otherwise necessary to indicate clearly the direction of egress when the exit serves and occupant of 50 or more 17) Exit signs shall be GREEN in color and shall be of an approved self-lumination type or shall be internally or externally illuminated by luminaries supplied in the following manner: a. Two separate circuits, one of which shall be separated from all other circuits, for occupant loads of 300 or less. 18) Means of egress shall be illuminated with light (Bug Eyes) having an intensity of not less than 1 foot-candle at the floor level while the structure is occupied, Fixtures required for means of egress illumination shall be supplied from a separate circuit or source of power. 19) Internal combustion power sources that may be used for emergency power shall be of adequate capacity to permit uninterrupted operation during normal operating hours. Refueling shall be conducted prior to start of the event. 20) Internal combustion power sources shall be isolated from contact with the public by either physical guards, fencing or an enclosure, Internal combustion power shall be at least 20 feet away from the tent. 21) Any electrical power used is to be properly grounded and approved. Extension cords shall be used as "Temporary Wiring" only. Consult building official for requirements. 19 467 of 472 22) Every room or space that is an assembly occupancy shall have the occupant load of the tent or space posted in a conspicuous place, near the main exit or exit access doorway from the room or space. Posted signs shall be of an approved legible permanent design and shall be maintained by the owner or authorized agent. The maximum occupant Toad of this space shall be based on room set-up and items placed inside tents or canopies. The maximum occupancy load shall posted by the Building Official based on room configuration. At no time shall the owner or agent allow the posted occupant load to be exceeded. 23) Smoking shall not be permitted in tents, canopies or membrane structures. Approved "No Smoking" signs shall be conspicuously posted. If you have any questions please feel free to contact me 20 468 of 472 The following page(s) contain the backup material for Agenda Item: Update on Housing Element and Housing Strategic Plan. (Housing Authority) Please scroll down to view the backup material. 469 of 472 Item # 06/15/2021 Update on Housing Element and Housing Strategic Plan (National City Housing Authority) 470 of 472 The following page(s) contain the backup material for Agenda Item: City Manager Report. (City Manager) Please scroll down to view the backup material. 471 of 472 Item # 06/15/21 City Manager Report (City Manager) 472 of 472