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Agenda Packet - 09-07-2021 CC HA Agenda - NO RESOLUTIONS
CALIFORNIA 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, SEPTEMBER 7, 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 550 indicate General Public Comment in the subject line. All email comments received by 4:00 p.m. on the day of the meeting will be emailed to the City Council Members and made a part of the official record. Register online and participate in live public comment during the meeting: To provide live public comment during the meeting, you must pre -register on the City's website at https://www.nationalcityca.qov/publiccomment by 4:00 p.m. on the day of the regular meeting to join the City Council Meeting. ***Please note that you do not need to pre -register to watch the meeting online, but you must pre -register if you wish to speak. Once registered, you will receive an email with a link from Zoom to join the live meeting. You can participate by phone or by computer. Please allow yourself time to log into Zoom before the start of the meeting to ensure you do not encounter any last-minute technical difficulties. ***Please note that members of the public will not be shown on video; they will be able to watch and listen and speak when called upon. Public microphones will be muted until it is your turn to comment. Each speaker is allowed up to three (3) minutes to address the City Council. Please be aware that the Mayor may limit the comments' length due to the number of persons wishing to speak or if comments become repetitious or unrelated. All comments are subject to the same rules as would otherwise govern speaker comments at the meeting. Speakers are asked to be respectful and courteous. Please address your comments to the City Council as a whole and avoid personal attacks against members of the public, City Council, and city staff. Questions about public comment or City Council protocols? Please contact the City Clerk's Office at (619) 336-4228 or via email at Clerk(c�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. 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 2 of 550 contact the City Clerk's Office at (619) 336-4228 to request a disability -related modification or accommodation. Notification 24-hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. AVISO: La salud y el bienestar de los residentes, visitantes y empleados de National City durante el brote de COVID-19 sigue siendo nuestra maxima prioridad. El Ayuntamiento de la Ciudad de National City se esta coordinando con la Agencia de Salud y Servicios Humanos del Condado de San Diego y otras agencias para tomar medidas con el fin de monitorear y reducir la propagacion del nuevo coronavirus (COVID-19). La Organizacion Mundial de la Salud declaro el brote como una pandemic global y se han manifestado emergencias locales y estatales que resultan en la suspension de ciertas leyes de reuniones publicas, tal como la Ley Brown. Como resultado de ello, la junta del Concejo Municipal del Ayuntamiento se Ilevara a cabo solamente en linea para garantizar la seguridad de los residentes, empleados y comunidades locales que atendemos. Se podra ver una transmision en vivo de la junta en el sitio web del Ayuntamiento en www.nationalcityca.gov. Para comentarios publicos, vea la seccion "COMENTARIOS PUBLICOS" mas adelante. ORDEN DEL DIA: Las sesiones publicas de todas las juntas ordinarias del Concejo Municipal/Comision de Desarrollo Comunitario - Autoridad de Vivienda (en to 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 to contrario. Las juntas cerradas inician en sesion abierta a las 5:00 p.m. o en cualquier otro momento que se indique, y tras anunciar los temas de la sesion cerrada, la junta se realiza como sesion cerrada. Si se programa una reunion de discusion y analisis, el tema y la hora de la misma apareceran en la agenda. La Alcaldesa y los Concejales se reunen por igual que el Presidente y los integrantes del Consejo de la Comision de Desarrollo Comunitario. INFORMES: Todos los temas e informes de la agenda de la sesion abierta, asi como todos los documentos y escritos entregados al Organo Electo menos de 72 horas antes de la sesion, apareceran en el sitio web del Ayuntamiento. Las juntas ordinarias del Organo Electo se transmiten por Internet y se archivan en el sitio web del Ayuntamiento en www. nationalcityca.gov. COMENTARIOS PUBLICOS: Hay varias formas en las que puede asegurarse de que sus opiniones sean escuchadas y consideradas por nuestro Concejo Municipal como se describe a continuacion: Envie su comentario publico antes de la sesion: Para enviar un comentario por escrito, envie un correo electronico a PublicCommentnationalcityca.qov, proporcione el numero del tema o asunto de la agenda y el titulo del tema o asunto en la linea de asunto de su correo electronico. Los comentarios o testimonios publicos se limitan a tres (3) minutos. Si el comentario no se relaciona con un tema o asunto especifico de la agenda, indique Comentario Publico General en la linea de asunto. Todos los comentarios por correo electronico recibidos antes de las 4:00 p.m. del dia de la sesion se enviaran por correo electronico a los miembros del Concejo Municipal y formaran parte del acta oficial. 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 3 of 550 https://www.nationalcityca.qov/publiccomment antes de las 4:00 p.m. del dia de la junta ordinaria para incorporarse a la sesion del Concejo Municipal. ***Tenga presente que no necesita registrarse previamente para ver la sesion en linea, pero debe registrarse previamente si desea hablar. Una vez registrado, recibira un correo electronico con un enlace de Zoom para integrarse a la sesion en vivo. Puede participar por telefono o por computadora. Tomese el tiempo necesario para iniciar la reunion en Zoom antes del inicio de la sesion para asegurarse de no encontrar dificultades tecnicas de ultimo momento. ***Tenga presente que las personas del publico no se mostraran en video; podran observar, escuchar y hablar cuando se les solicite. Los microfonos publicos se silenciaran hasta que sea su turno de comentar. Cada orador tiene hasta tres (3) minutos para dirigirse al Concejo Municipal. Tenga en cuenta que la Alcaldesa puede limitar la extension de los comentarios debido a la cantidad de personas que deseen hablar o si los comentarios se vuelven repetitivos o no relacionados. Todos los comentarios estan sujetos a las mismas reglas que de otro modo regirian los comentarios de los oradores en la sesion. Se pide a los oradores que sean respetuosos y corteses. Dirija sus comentarios al Concejo Municipal en su conjunto y evite ataques personales contra personas del publico, el Concejo Municipal y el personal del Ayuntamiento. ,Preguntas sobre comentarios publicos o protocolos del Concejo Municipal? Comunrquese con la Oficina de la Secretaria del Ayuntamiento al telefono (619) 336-4228, o por correo electronico a Clerk(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 Organo 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 consentimiento de la agenda y considerarse aparte, a peticion de un concejal, individuo del personal del Ayuntamiento o persona del publico. 4 of 550 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 550 OPEN TO THE PUBLIC A. CITY COUNCIL CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE TO THE FLAG PUBLIC COMMENTS (THREE -MINUTE TIME LIMIT) PROCLAMATIONS AND CERTIFICATES 1. National City Celebrates San Diego Gives Day. AWARDS AND RECOGNITIONS PRESENTATIONS (FIVE-MINUTE TIME LIMIT) 2. Capital Improvement Program (CIP) Update. (Engineering/Public Works) INTERVIEWS / APPOINTMENTS 3. Appointment of the City of National City District Sales Tax "Proposition D" Independent Review Committee. (Finance) 4. Project Labor Standards and Policies - Ad Hoc Committee Appointment. (City Clerk) REGIONAL BOARDS AND COMMITTEE REPORTS (FIVE-MINUTE TIME LIMIT) CONSENT CALENDAR 5. Motion of the City Council of the City of National City approving the waiving of the reading of the text of the Ordinances or Resolutions that are having a Public Hearing considered at this meeting and providing that such Ordinances or Resolutions shall be introduced and/or adopted after a reading of the title only. (City Clerk) 6. Approval of Meeting Minutes: City Council and Community Development Commission - Housing Authority: Virtual Regular Meetings: June 15, 2021, August 3, 2021, and August 17, 2021. City Council Virtual Special Closed Session Meeting June 15, 2021, Virtual Social Equity Workshop June 15, 2021, Virtual Special Closed Session Meetings July 13, August 3, and August 17, 2021, and Successor Agency Virtual Special Meeting August 3, 2021. (City Clerk) 6 of 550 7. Resolution of the City Council of the City of National city authorizing the Mayor to enter into a Revised/Amended Memorandum of Agreement with the County of San Diego by and through its Health and Human Services Agency (HHSA) Mobile Crisis Response Team (MCRT) for broad range of health and social services to community residents including trauma informed behavioral health services. (Police) 8. Resolution of the City Council of the City of National City authorizing the acceptance of annual grant funds & the establishment of an appropriation and corresponding revenue budget for the Regional Realignment Response Group (R3) based upon a Memorandum of Agreement signed by the Chief of Police pursuant to Council Resolution 2020-129 between the National City Police Department, the County of San Diego (San Diego Sheriff's Department and Probation Department) and municipal law enforcement agencies throughout the County for support of R3G Operations in the amount of $67,000. (Police) 9. Resolution of the City Council of the City of National City approving an Affordable Housing Density Bonus Agreement with Highland Pacifica, LLC, for the development of 16 units located at 2428 Highland Avenue 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) 10. Resolution of the City Council of the City of National City authorizing the establishment of a General Fund appropriation of $73,802 and use of General Fund balance in FY22 for operation of Las Palmas Pool during FY21. (Library and Community Services) 11. Resolution of the City Council of the City of National City awarding and authorizing the Mayor to execute agreements for Towing and Impound Services with the top two -ranked providers: A to Z Enterprises, Inc., DBA Road One Towing and Alexandra Investments, Inc., DBA Angelo's Towing and Recovery with a term of October 1, 2021 - September 30, 2023. (Police and Finance) 12. Resolution of the City Council of the City of National City: 1) authorizing the Mayor to execute a three-year Agreement with Neri Landscape Architecture for a not -to -exceed amount of $2,000,000 to provide on -call project support services for National City's Capital Improvement Program (CIP), including, but not limited to, landscape architecture (including urban planning and design); and 2) authorizing the City Manager to execute any project -specific supplemental agreements, as may be required for grant funded projects. (Engineering/Public Works) 13. Resolution of the City Council of the City of National City: 1) authorizing the Mayor to execute a three-year Agreement with Schmidt Design Group, Inc. 7 of 550 for a not -to -exceed amount of $2,000,000 to provide on -call project support services for National City's Capital Improvement Program (CIP), including, but not limited to, landscape architecture (including urban planning and design); and 2) authorizing the City Manager to execute any project -specific supplemental agreements, as may be required for grant funded projects. (Engineering/Public Works) 14. Resolution of the City Council of the City of National City authorizing the Mayor to execute a First Amendment to the Agreement with Project Professionals Corporation, increasing the not -to -exceed amount by $1,000,000 for a total Agreement amount of $3,000,000, to provide on -call project support services for National City's Capital Improvement Program (CIP), including, but not limited to, project management; engineering; construction management, inspections and certified payroll; plan reviews; constructability reviews; community outreach and communications. (Engineering/Public Works) 15. Resolution of the City Council of the City of National City authorizing the Mayor to execute a First Amendment to the Agreement with Chen Ryan Associates, Inc., increasing the not -to -exceed amount by $1,000,000 for a total Agreement amount of $3,000,000, to provide on -call project support services for National City's Capital Improvement Program (CIP), including, but not limited to, project management; civil engineering; traffic engineering; transportation planning; plan reviews; constructability reviews; long-range planning; grants management; community outreach and communications. (Engineering/Public Works) 16. Resolution of the City Council of the City of National City authorizing the Mayor to execute a First Amendment to the Agreement with National City Electric, increasing the not -to -exceed amount by $40,000, for a total Agreement amount of $100,000 and delegating the City Manager authority to approve any future extensions of this Agreement, due to the demand and continuous need for assistance with specialized electrical maintenance services. (Engineering/Public Works) 17. Resolution of the City Council of the City of National City: 1) awarding a contract to SWCS, Inc. in the not -to -exceed amount of $230,704.00 for the Camacho Recreation Center HVAC Replacement Project, CIP No. 20-07; 2) authorizing a 15% contingency in the amount of $34,605.60 for any unforeseen changes; and 3) authorizing the Mayor to execute the contract. (Engineering/Public Works) 18. Resolution of the City Council of the City of National City: 1) awarding a contract to National Electric Works, Inc. in the not -to -exceed amount of $344,163.00 for the Civic Center Basement Power Upgrade Project, CIP No. 20-03; 2) authorizing a 15% contingency in the amount of $51,624.45 for any 8 of 550 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: 1) awarding a contract to Wright Construction Engineering Corp. in the not -to -exceed amount of $818,733.60 for the Paradise Creek Mitigation Project at Kimball Way, CIP No. 19-35; 2) authorizinq a 15% contingency in the amount of $122,810.04 for any unforeseen changes; and 3) authorizing the Mayor to execute the contract. (Engineering/Public Works) 20. Resolution of the City Council of the City of National City: 1) authorizing the Mayor to execute the First Amendment to the Agreement by and between the City of National City and Hinderliter De Llamas & Associates for tax and fee administrative services, extending the Agreement to December 31, 2021, with the option to extend year to year thereafter, and adding compliance services; 2) authorizinq a General Fund appropriation of $67,000 and corresponding revenue budget for the contracted services. (Finance) 21. Resolution of the City Council of the City of National City waiving the formal bid process pursuant to National City Municipal Code Section 2.60.222 regarding open market procedure and authorizing the purchase and build -out of one (1) R 1250 RT-P Motorcycle in an amount not -to -exceed $34,995.15 from sole source vendor BMW of Escondido. (Engineering/Public Works) 22. Resolution of the City Council of the City of National City authorizing the installation of 80 feet of "No Parking for vehicles over 6 feet high" signage and 10 feet of red curb "No Parking" on the north side of E. 16th Street, west of "K" Avenue, to improve visibility at the intersection. (TSC No. 2021-15). (Engineering/Public Works) 23. Resolution of the City Council of the City of National City authorizing the installation of red curb "No Parking" at the intersection of E. 22nd Street and "B" Avenue and the intersection of E. 22nd Street and "C" Avenue in order to improve visibility at the intersection. (TSC No. 2021-16). (Engineering/Public Works) 24. Warrant Register #3 for the period of 7/14/21 through 7/20/21 in the amount of $1,460,028.90. (Finance) 25. Warrant Register #4 for the period of 7/21/21 through 7/27/21 in the amount of $2,246,558.11. (Finance) PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS 26. Public Hearing and Introduction of an Ordinance of the City Council of the City of National City amending Sections 18.20.020, 18.21.040, 18.21.050, 18.45, and 18.50, and addition of Sections 18.30.380 and 18.30.390 of Title 9 of 550 18 (Zoning) of the National City Municipal Code. (Applicant: City -Initiated) (Case File 2021-18 A) (Planning) NON CONSENT RESOLUTIONS 27. Resolution of the City Council of the City of National City ratifying and authorizing the Mayor to execute a one-year agreement between the City of National City and McAlister Institute for Treatment and Education, Incorporated ("McAlister") for the provision of homeless case management and supportive services for an amount not to exceed $313,532. (Housing Authority) NEW BUSINESS 28. Notice of Decision — Planning Commission approval of a Conditional Use Permit for the addition of live entertainment and expansion of approved operating hours for alcohol sales at an existing restaurant (Gerry's Grill) located at 3030 Plaza Bonita Road, Suite 2510. (Applicant: Steve Rawlings) (Case File 2021-12 CUP) (Planning) 29. Discussion and direction pertaining to amending the National City Municipal Code Title 2 - Administration by adding Chapter 2.02 - City Attorney. (City Attorney) 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 30. City Manager Report. (City Manager) MAYOR AND CITY COUNCIL 31. Community Benefit Agreements/Project Labor Standards and Policies. CLOSED SESSION CLOSED SESSION REPORT ADJOURNMENT 10 of 550 Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City - Tuesday - September 21, 2021 - 6:00 p.m. - Council Chambers - National City, California. 11 of 550 The following page(s) contain the backup material for Agenda Item: National City Celebrates San Diego Gives Day. Please scroll down to view the backup material. 12 of 550 Item # 09/07/21 National City Celebrates San Diego Gives Day 13 of 550 The following page(s) contain the backup material for Agenda Item: Capital Improvement Program (CIP) Update. (Engineering/Public Works1 Please scroll down to view the backup material. 14 of 550 Item # 09/07/21 Capital Improvement Program (CIP) Update Engineering/Public Works 15 of 550 The following page(s) contain the backup material for Agenda Item: Appointment of the City of National City District Sales Tax "Proposition D" Independent Review Committee. (Finance) Please scroll down to view the backup material. 16 of 550 1 + CALIFORNIA NATIONAL CITY INCORPORATED City Council Staff Report September 7, 2021 AGENDA ITEM: Appointment of the City of National City District Sales Tax "Proposition D" Independent Review Committee. EXPLANATION: On June 6, 2006, National City voters passed Proposition "D", a one percent (1%) district sales and use tax for a period of ten years. The Proposition, as passed, includes a provision requiring the Mayor, with City Council approval, to appoint a three person independent review committee of financial experts every five (5) years. The committee's role is to make a recommendation to City Council to either: continue the district sales tax at the current rate of one percent (1 %), reduce the rate of the district sales tax, or terminate the district sales tax. On November 4, 2014, National City voters passed a twenty (20) year extension of Proposition "D". The extension maintains the requirement to convene an independent review committee every five years. The last Proposition "D" review committee was convened and submitted recommendations to City Council in 2016, therefore five years have passed since the previous committee and a 2021 committee is required to comply with the ordinance of district sales tax. The Mayor is recommending appointment of the following three individuals with expertise in financial matters to serve on the 2021 Proposition "D" independent review committee: • Dr. Sherry Ryan, Director & Professor, San Diego State University School of Public Affairs o Dr. Ryan is the Director of the School of Public Affairs and a Professor of city planning at San Diego State University. Dr. Ryan is an accomplished published researcher and brings significant practice experience to the committee. She has served as project manager for multiple local and regional projects with San Diego area cities. • Ray Major, Chief Economist, San Diego Association of Governments (SANDAG) o Ray Major has worked for SANDAG since 2015 and served on the previous National City Proposition "D" committee in 2016-2017. As the Chief Economist, Mr. Major is responsible for developing and translating economic data and trends into accurate and relevant insights. Mr. Major has advanced degrees in 17 of 550 2 Economics and is knowledgeable about regional short and long-term economic forecasts. • Meya Alomar, Revenue Manager, City of Chula Vista o Meya Alomar brings a decade of civil service experience in public finance to the committee. In her current role as Chula Vista Revenue Manager, Mrs. Alomar is well-informed on the revenue sources and uses available to California municipalities, the operations of a South Bay city, and regional revenue trends. The independent review committee is expected to complete their review process over three one-two hour meetings with National City staff between October and December. The initial meeting of the committee will likely take place the first week of October 2021. All committee meetings will be publically noticed in accordance with the Brown Act. The final report summarizing the committee's findings and recommendation will be brought to City Council at a public meeting in early 2022. 18 of 550 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 7, 2021 AGENDA ITEM NO.: ITEM TITLE: Appointment of the City of National City District Sales Tax "Proposition D" Independent Review Committee. Molly Brennan, Administrative Services PREPARED BY: Director PHONE: 619-336-4265 EXPLANATION: See attached. DEPARTMENT: Finance APPROVED BY: ./� FINANCIAL STATEMENT: There is no fiscal impact associated with this item. APPROVED: APPROVED: �me @nrrorna—� ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION FINANCE MIS STAFF RECOMMENDATION: Confirm appointments of three individuals with expertise in public finance to serve on the 2021 Proposition "D" independent review committee. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Staff Report 2. Ordinance 2006-2278, Section 4.60.180 defines the committee 19 of 550 ORDINANCE NO. 2006 — 2278 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADDING CHAPTER 4.60 TO THE NATIONAL CITY MUNICIPAL CODE TO IMPOSE A TRANSACTIONS AND USE TAX TO BE ADMINISTERED BY THE STATE BOARD OF EQUALIZATION BE IT ORDAINED by the People of the City of National City as follows: Section 1, That Title 4 of the National City Municipal Code is hereby amended by adding Chapter 4.60 to read as follows: Sections: 4.60.010 4.60.020 4.60.030 4.60.040 4.60.050 4.60.060 4,60.070 4.60.080 4.60.090 4.60.100 4.60.110 4.60.120 4.60.130 4.60.140 4.60.150 4.60,160 4.60.170 4.60.180 Chapter 4.60 TRANSACTIONS AND USE TAX Title Definitions Operative date Purpose Contract with State Board of Equalization Transactions tax rate Place of sale Use tax rate Adoption of provisions of state law Limitations on adoption of State law and collection of use taxes Permit not required Exclusion; exemptions Permissible uses Amendments Enjoining collection forbidden Severability Expiration Independent committee w 4,60.010 Title. This chapter shall be known as the "City of National City Transactions and Use Tax Ordinance". This ordinance shall be applicable in the incorporated territory of the City. 4,60.020 Definitions. As used in this chapter, "City" means the City of National City and "tax" means the transactions and use taxes, sometimes also referred to as "sales tax", imposed under the provisions of this ordinance; "tax revenue" and "tax revenues" mean all proceeds of the tax received by the City from the State Board of Equalization. 20 of 550 4.60.030 Operative date. "Operative date" means the first day that the tax is imposed and collected. The operative date shall be October 1, 2006, unless a later operative date becomes effective under the provisions of Section 4.60.050. 4.60.040 Purpose. This ordinance is adopted to achieve the following, among other purposes, and directs that the provisions hereof be interpreted in order to accomplish those purposes: A. To impose a retail transactions and use tax in accordance with the provisions of Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code and Section 7285.9 of Part 1.7 of Division 2 which authorizes the City to adopt this tax ordinance which shall be operative if a majority vote of the electors voting on the measure vote to approve the imposition of the tax at an election called for that purpose. B. To adopt a retail transactions and use tax ordinance that incorporates provisions identical to those of the Sales and Use Tax Law of the State of California insofar as those provisions are not inconsistent with the requirements and limitations contained in Part 1.5 of Division 2 of the Revenue and Taxation Code. C. To adopt a retail transactions and use tax ordinance that imposes a tax and provides a measure therefore that can be administered and collected by the State Board of Equalization in a manner that adapts itself as fully as practicable to, and requires the least possible deviation from, the existing statutory and administrative procedures followed by the State Board of Equalization in administering and collecting the California State Sales and Use Taxes. D. To adopt a retail transactions and use tax ordinance that can be administered in a manner that will be, to the greatest degree possible, consistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, minimize the cost of collecting the transactions and use taxes, and at the same time, minimize the burden of record keeping upon persons subject to taxation under the provisions of this ordinance. 4.60.050 Contract with State Board of Equalization. Prior to the operative date, the City shall contract with the State Board of Equalization to perform all functions incident to the administration and operation of this transactions and use tax ordinance; provided, that if the City shall not have contracted with the State Board of Equalization prior to the operative date, it shall nevertheless so contract and in such a case the operative date shall be the first day of the first calendar quarter following the execution of such a contract. 4.60.060 Transactions tax rate. For the privilege of selling tangible personal property at retail, a tax is hereby imposed upon all retailers in the incorporated territory of the City at the rate of 1 % (one percent) of the gross receipts of any retailer from the sale of all tangible personal property sold at retail in said territory on and after the operative date of this ordinance. 4.60.070 Place of sale. For the purposes of this ordinance, all retail sales are consummated at the place of business of the retailer unless the tangible personal property sold is delivered by the retailer or his agent to an out-of-state destination or to a common carrier for delivery to an out-of-state destination. The gross receipts from such sales shall include delivery charges, when such charges are subject to the state sales and use tax, regardless of the place to which delivery is made. In the event a retailer has no permanent place of business in the State or has more than one place of business, the place or places at which the retail sales are consummated shall be determined under rules and regulations to be prescribed and adopted by the State Board of Equalization. • 2 21 of 550 4.60.080 Use tax rate. An excise tax is hereby imposed on the storage, use or other consumption in the City of tangible personal property purchased from any retailer on and after the operative date of this ordinance for storage, use or other consumption in said territory at the rate of 1 % (one percent) of the sales price of the property. The sales price shall include delivery charges when such charges are subject to state sales or use tax regardless of the place to which delivery is made. 4.60.090 Adoption of provisions of state Iaw. Except as otherwise provided in this ordinance and except insofar as they are inconsistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, all of the provisions of Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code are hereby adopted and made a part of this ordinance as though fully set forth herein. 4.60.1 00 Limitations on adoption of state Iaw and collection of use taxes. In adopting the provisions of Part 1 of Division 2 of the Revenue and Taxation Code: A. Wherever the State of California is named or referred to as the taxing agency, the name of this City shall be substituted therefor. However, the substitution shall not be made when: 1. The word "State" is used as a part of the title of the State Controller, State Treasurer, State Board of Control, State Board of Equalization, State Treasury, or the Constitution of the State of California; 2. The result of that substitution would require action to be taken by or against this City or any agency, officer, or employee thereof rather than by or against the State Board of Equalization, in performing the functions incident to the administration or operation of this Ordinance. 3. In those sections, including, but not necessarily limited to sections referring to the exterior boundaries of the State of California, where the result of the substitution would be to: a. Provide an exemption from this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not otherwise be exempt from this tax while such sales, storage, use or other consumption remain subject to tax by the State under the provisions of Part 1 of Division 2 of the Revenue and Taxation Code, or; b. Impose this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not be subject to tax by the state under the said provision of that code. 4. In Sections 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737, 6797 or 6828 of the Revenue and Taxation Code. B. The word "City" shall be substituted for the word "State" in the phrase "retailer engaged in business in this State" in Section 6203 and in the definition of that phrase in Section 6203. 4.60.110 Permit not required. If a seller's permit has been issued to a retailer under Section 6067 of the Revenue and Taxation Code, an additional transactor's permit shall not be required by this ordinance. 4.60.120 Exclusion; exemptions. A. There shall be excluded from the measure of the transactions tax and the use tax the amount of any sales tax or use tax imposed by the State of California or by any city, city and county, or county pursuant to the Bradley- 3 22 of 550 Bums Uniform Local Sales and Use Tax Law or the amount of anystate-administered transactions or use tax. B. There are exempted from the computation of the amount of transactions tax the gross receipts from: 1. Sales of tangible personal property, other than fuel or petroleum products, to operators of aircraft to be used or consumed principally outside the countyin which the sale is made and directly and exclusivelyin the use of such aircraft as common carriers of persons or property under the authority of the laws of this State, the United States, or any foreign government. 2. Sales of property to be used outside the City which is shipped to a point outside the City, pursuant to the contract of sale, by delivery to suchpoint bythe retailer or his agent, or by delivery bythe retailer to a carrier for shipment to a consignee at such point. For the purposes of this paragraph, delivery to a point outside the Cityshall be satisfied: a. With respect to vehicles (other than commercial vehicles) subject to registrationpursuant to Chapter g 1 with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, and undocumented vessels registered under Division 3.5 (commencingwith Section 9840) of the Vehicle Code byregistration to an out -of -City address and by a declaration under penalty of perjury, signed by the buyer, stating that such address is, in fact, his or her principal place of residence; and b. With respect to commercial vehicles, by registration to a place of business out -of -City and declaration under penalty of perjury, signed bythe buyer, that the vehicle will be operated from that address. 3. The sale of tangible personal property if the seller is obligated to furnish the property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance. p 4. A lease of tangible personal property which is a continuing sale of such property, for any period of time for which the lessor is obligated to lease the for an amount fixed by the lease prior to the operative this erative date of ordinanceproperty . 5. For the purposes of subparagraphs 3 and 4 of this subsection B, the sale or lease of tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for anyg period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised. g C. There are exempted from the use tax imposed by this ordinance, the storage, use or other consumption in this Cityof tangiblepersonal property: , 9 p party; 1. The gross receipts from the sale of which have been subject to a transactions tax under any state -administered transactions and use tax ordinance. 2. Other than fuel or petroleum products purchased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this State, the United States, or any foreign government. This exemption is in addition to the exemptions Code of the State of provided in Sections 6366 and 6366.1 of the Revenue and Taxationp California. 3. If the purchaser is obligated to purchase the property for a fixed price pthis ordinance. to a contract entered into prior to the operative date of 4 23 of 550 4. If the possession of, or the exercise of any right or power over, the tangible personal property arises under a lease which is a continuing purchase of such property for any period of time for which the lessee is obligated to lease the property for an amount fixed by a lease prior to the operative date of this ordinance. 5. For the purposes of subparagraphs 3 and 4 of this subsection C, storage, use, or other consumption, or possession of, or exercise of any right or power over, tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised. 6. Except as provided in subparagraph 7 of this subsection C, a retailer engaged in business in the -City shall not be required to collect use tax from the purchaser of tangible personal property, unless 'the retailer ships or delivers the property into the City or participates within the City in making the sale of the property, including, but not limited to, soliciting or receiving the order, either directly or indirectly, at a place of business of the retailer in the City or through any representative, agent, canvasser, solicitor, subsidiary, or person in the City under the authority of the retailer. 7. "A retailer engaged in business in the City" shall also include any retailer of any of the following: vehicles subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, or undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code. That retailer shall be required to collect use tax from any purchaser who registers or licenses the vehicle, vessel, or aircraft at an address in the City. D. Any person subject to use tax under this ordinance may credit against that tax any transactions tax or reimbursement for transactions tax paid to a district imposing, or retailer liable for a transactions tax pursuant to Part 1.6 of Division 2 of the Revenue and Taxation Code with respect to the sale to the person of the property the storage, use or other consumption of which is subject to the use tax. 4.60.130 Permissible uses. The revenues of the tax shall be deposited in the City's general fund and may be used for any legal municipal purpose. 4.60.140 Amendments. All amendments subsequent to .the effective date of this ordinance to Part 1 of Division 2 of the Revenue and Taxation Code relating to sales and use taxes and which are not inconsistent with Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, and all amendments to Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, shall automatically become a part of this ordinance, provided however, that no such amendment shall operate so as to affect the rate of tax imposed by this ordinance. 4.60.150 Enjoining collection forbidden. No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against the State or the City, or against any officer of the State or the City, to prevent or enjoin the collection under this ordinance, or Part 1,6 of Division 2 of the Revenue and Taxation Code, of any tax or any amount of tax required to be collected. 4.60.160 Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby. 5 24 of 550 4.60.170 Expiration. The authority to levy the tax imposed by this Chapter shall expire ten (10) years from the Operative Date, unless the City Council prior to that date determines that the levy and collection of the tax is no longer necessary, in which case the City Council has the authority to reduce the rate of tax, or to terminate the imposition of the tax. The City shall immediately notify the State Board of Equalization in writing in the event that the tax is reduced or terminated. The operative date of such rate reduction or termination shall be the first (15) day of the first (1st) calendar quarter commencing more than one hundred and ten (110) days after the Board of Equalization receives such notice of termination. 4.60.180 Independent committee. Every five (5) years the Mayor, with approval of the City Council, shall appoint an independent committee comprised of three (3) experts in financial matters, who will report their recommendations to the Mayor and City Council as to whether the transaction and use tax should remain in effect at the rate of one percent (1%), or whether the City Council should reduce the rate of tax or terminate the imposition of the tax pursuant to Section 4.60.170. Section 2. This ordinance, following its adoption by at least 4 affirmative votes of the City Council and its publication, shall become effective upon the approval of the tax imposed hereunder by a majority of the voters of the City voting thereon at an election called for that purpose. The "operative date" of the tax imposed hereunder shall be as provided in Section 4.60.030. PASSED and ADOPTED this 7th day of February, 2006. ATTEST: Mic ael R. ■ aila City Clerk APPROVED AS TO FORM: asts George H. Eiser, III City Attorney Nick nzunza, Mayor 6 25 of 550 Passed and adopted by the Council of the City of National City, California, on February 7, 2006, by the following vote, to -wit: Ayes: Councitmembers Inzunza, Morrison, Natividad, Parra, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: NICK I NZU NZA Mayor of the City of National City, California . rk of the City o/f Jational City, California By: Deputy I HEREBY CERTIFY that the. foregoing ordinance was adopted on February 7, 2006, under the provisions of Section 36937 of the California Government Code. FURTHER CERTIFY THAT said ordinance was read in full prior to its final passage or that the reading of said ordinance :in full was dispensed with by a vote of not Tess than a majority of the members elected to the Council and that there was available for the consideration of each member of the Council and the public prior to the day of its passage a written or printed copy of said ordinance. 1 FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of ORDINANCE NO. 2006-2278 of the City Council of the City of National City, passed and adopted by the Council of said City on February 7, 2006. City Clerk of the City of National City, California By: Deputy 26 of 550 The following page(s) contain the backup material for Agenda Item: Project Labor Standards and Policies - Ad Hoc Committee Appointment. (City Clerk) Please scroll down to view the backup material. 27 of 550 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 7, 2021 AGENDA ITEM NO. ITEM TITLE: Project Labor Standards and Policies — Ad Hoc Committee Appointment (City Clerk's Office). PREPARED BY: Shelley Chapel, MMC, Deputy City Clerk PHONE: 1(619) 336-7320 APPROVED BY: S4ieitecy &trod EXPLANATION: At the August 17, 2021, City Council Meeting the Mayor proposed to create an Ad Hoc Committee entitled the Project Labor Standards and Policies Ad -Hoc Committee, with appointment of two (2) City Councilmembers to the Committee. The Committee will meet for a limited term of less than one year and for a specified topic only. The topic would include discussion of community benefit agreements. DEPARTMENT: City Clerk's Office Mayor Sotelo-Solis made the motion to appoint Councilmember Rios, and did not name a second. Prior to the vote Vice -Mayor Rodriguez requested the motion for clarification. City Clerk Molina stated the motion incorrectly, she stated per the recording of meeting, "Form an Ad Hoc Committee to discuss Project Labor Standards and Policies with Councilmember Rios as forming part of the alongside the Mayor." The Mayor was not appointed to that committee and this should be clarified. Only one member of the City Council was appointed, that member being Councilmember Rios. Staff recommends the Mayor restate the appointment and City Council vote again on the item. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: N/A ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Mayor to appoint with City Council concurrence. BOARD / COMMISSION RECOMMENDATION: n/a Finance MIS ATTACHMENTS: None. 28 of 5501 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. 29 of 550 Item # 09/07/21 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) 30 of 550 The following page(s) contain the backup material for Agenda Item: Approval of Meeting Minutes: City Council and Community Development Commission - Housing Authority: Virtual Regular Meetings: June 15, 2021, August 3, 2021, and August 17, 2021. City Council Virtual Special Closed Session Meeting June 15, 2021, Virtual Social Equity Workshop June 15, 2021, Virtual Special Closed Session Meetings July 13, August 3, and August 17, 2021, and Successor Agency Virtual Special Meeting August 3, 2021. (City Clerk) Please scroll down to view the backup material. 31 of 550 Item # 09-07-2021 APPROVAL OF MEETING MINUTES CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY: Virtual Regular Meeting: June 15, 2021 Virtual Regular Meeting: August 3, 2021 Virtual Regular Meeting: August 17, 2021 CITY COUNCIL OF THE CITY OF NATIONAL CITY: Virtual Special Closed Session Meeting: June 15, 2021 Virtual Social Equity Workshop: June 15, 2021 Virtual Special Closed Session Meeting: July 13, 2021 Virtual Special Closed Session Meeting: August 3, 2021 Virtual Special Closed Session Meeting: August 17, 2021 SUCCESSOR AGENCY: Virtual Special Meeting: August 3, 2021 (City Clerk) 32 of 550 +- CALIFORNIA -4 NATIONAL Clflr 1331 iNCOAPORAT ED MINUTES OF THE VIRTUAL REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY June 15, 2021 This meeting was conducted utilizing teleconferencing and electronic means consistent with State of California Executive Order N-29-20 dated March 17, 2020, regarding the COVID-19 pandemic. The City Council minutes are prepared and ordered to correspond to the City Council Agenda. Agenda Items can be taken out of order during the meeting. The Agenda Items were considered in the order presented. A. CITY COUNCIL CALL TO ORDER The meeting was called to order at 6:08 p.m. by Mayor Sotelo-Solis. ROLL CALL Deputy City Clerk Chapel called the Roll: Councilmembers present: Bush, Morrison, Rios, Rodriguez, Sotelo-Solis Other Elected Officials present: Beauchamp, Molina (arrived 6:12 p.m.) Administrative Officials present: Raulston, Winney, Bell, Chapel, Torres, Williams, Davis, Meteau, Denham, Drew, Duong, Gamwell, Gilman, Maxilom, Vergara, Aguirre, Olson, Yano, Parra, Barrera, Valdez, and Tellez. Interpretation in Spanish provided by Carlos Diaz and Luisa Diaz de Leon. PLEDGE OF ALLEGIANCE TO THE FLAG Deputy City Clerk Chapel led the Pledge of Allegiance. PUBLIC COMMENTS Mayor Sotelo-Solis summarized the process for acceptance of live public comment. Seven (7) spoken public comments were heard: Karla Apalategui (Introduced New MEA President), Carol Green (Equity - Cannabis), Terri -Ann Skelly (Cannabis), Becky Rapp (Cannabis), Valeria Hernandez (Environmental Storage), Peggy Walker (Cannabis), and Judi Strang (Cannabis). One (1) written comment was received and read into the record: Ted Godshalk (Meetings). Page 1 of 10 33 of 550 City of National City — City Council Regular Meeting Minutes June 15, 2021 PROCLAMATIONS AND CERTIFICATES 1. National City Celebrates 2021 Pride Month. Mayor Sotelo-Solis presented the Proclamation to Henry Barasi, Gay Straight Alliance (GSA) student leader and Sweetwater High School graduate, and Michael Garcia, GSA advisor and teacher at Sweetwater High School. 2. National City Recognizes City Librarian, Minh Duong on her Retirement. Mayor Sotelo-Solis Solis presented City Librarian Minh Duong a proclamation recognizing her 15 years of service to the Community. 3. National City Recognizes the USS Rushmore for 30 Years of Service. Mayor Sotelo-Solis presented the Proclamation to John Acosta. 4. National City Recognizes Rem Club at Sweetwater High School and National City Middle School. Mayor Sotelo-Solis presented a Proclamation to Lucia Calderon Alvarez, volunteer at National City Middle School, Melvin Andres, volunteer at SUHI, Isai Aaron Huitron-Alvarez, volunteer with Urban Youth Collaborative, and Nancy Alvarez, volunteer, for their collection of donations and goods for the migrant children housed at the San Diego Convention Center. AWARDS AND RECOGNITIONS 5. Employee of the Quarter 2021 - Corporal Javier Cornejo. Mayor Sotelo-Solis introduced Police Chief Jose Tellez, who presented the Employee of the Quarter to Corporal Javier Cornejo. PRESENTATIONS 6. 2021 Regional Plan: Draft for Public Review. Mayor Sotelo-Solis introduced SANDAG Executive Director Hasan Ikhrata, Director of Regional Planning Coleen Clementson, and Principal Regional Planner Jennifer Williamson. Ms. Clementson provided the 2021 Regional Plan and presentation. Public Comment: None 7. Drought Preparedness: Water Supply Reliability and Resilience in National City. This item was continued to a future meeting. 8. Economic Development Data Dashboard. Mayor Sotelo-Solis introduced Megan Gamwell, Economic Development Specialist II who provided the report and PowerPoint presentation titled "Economic Development Data Dashboard". Public Comment: None Page 2 of 10 34 of 550 City of National City — City Council Regular Meeting Minutes June 15, 2021 INTERVIEWS / APPOINTMENTS - No agenda items. REGIONAL BOARDS AND COMMITTEE REPORTS - No reports were given. CONSENT CALENDER Mayor Sotelo-Solis announced that Item 18 was pulled for public comment. Councilmember Rios pulled Items 10, 21, 28, and 35 for discussion. Public Comment for Items 9, 11 — 17, 19 — 20, 22 — 27, 29 — 34, and 36: None. ACTION: Motion by Councilmember Morrison, seconded by Vice -Mayor Rodriguez, to approve the Consent Calendar Items 9, 11 — 17, 19 — 20, 22 — 27, 29 — 34, and 36. Motion carried by unanimous vote. 9. 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. 10. Pulled for discussion. 11. Adopted Resolution 2021-70. Resolution of the City Council of the City of National City approving the first amendment to an agreement between the City of National City and Kreisberg Law Firm LLP for legal services in the specialized area of labor law for the not to exceed amount of $150,000. 12. Adopted Resolution 2021-71. Resolution of the City Council of the City of National City approving the agreement between the City of National City and the Center for Public Safety Management for on -call and as -needed operational/workload analysis services in the specialized area of public safety for the not to exceed amount of $150,000. 13. Adopted Resolution 2021-72. Resolution of the City Council of the City of National City approving the agreement between the City of National City and the San Diego Unified Port District for Police, Fire and Emergency Medical Services. 14. Adopted Resolution 2021-73. Resolution of the City Council of the City of National City approving a Subordination Agreement with C Avenue 10PIex, 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. 15. Adopted Resolution 2021-74. 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. 16. Adopted Resolution 2021-75. 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 Page 3 of 10 35 of 550 City of National City — City Council Regular Meeting Minutes June 15, 2021 emergency rental assistance programs to avoid duplication of benefits to ensure federal, state or local assistance will not be provided for the same costs. 17. Adopted Resolution 2021-76 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. 18. Pulled for discussion. 19. Adopted Resolution 2021-78. 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. 20. Adopted Resolution 2021-79. 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. 21. Pulled for discussion. 22. Adopted Resolution 2021-81. 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. 23. Adopted Resolution No. 2021-82. 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. 24. Adopted Resolution No. 2021-83. 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. 25. Adopted Resolution No. 2021-84. 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. 26. Adopted Resolution No. 2021-85. 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 Page 4 of 10 36 of 550 City of National City — City Council Regular Meeting Minutes June 15, 2021 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. 27. Adopted Resolution No. 2021-86. Resolution of the City Council of the City of National City authorizing the issuance of a special driveway permit at 614 "B" Avenue. 28. Pulled for discussion. 29. Temporary Use Permit — Request from Good Ranchers, LLC to conduct the Good Ranchers Food Sale at Westfield Plaza Bonita from July 15, 2021 thru August 9, 2021 with no waiver of fees. 30. 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. 31. 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. 32. Investment Report for the quarter ended March 31, 2021. 33. Investment transactions for the month ended April 30, 2021. 34. Warrant Register #44 for the period of 4/28/21 through 5/04/21 in the amount of $2,430,569.71. 35. Pulled for discussion. 36. Warrant Register #46 for the period of 5/12/21 through 5/18/21 in the amount of $1,576,772.17. ITEMS PULLED FROM CONSENT CALENDER 10. Adopted Resolution 2021-69. 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. Public Comment: None. Motion by Councilmember Rios to amend contract to a period of one (1) year, with a one (1) year extension, seconded by Councilmember Bush. Motion carried by unanimous vote. ACTION: Motion by Councilmember Rios, seconded by Councilmember Bush, to amend the agreement to authorize City Manager to execute only a one-year extension. Motion carried by unanimous vote. Page 5 of 10 37 of 550 City of National City - City Council Regular Meeting Minutes June 15, 2021 18. Adopted Resolution 2021-77. 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. Public Comment: One (1) written comment was received and read into the record: Coyote Moon. Councilmembers provided comments and City Manager Raulston addressed comments. ACTION: Motion by Councilmember Morrison, seconded by Councilmember Bush, to approve the Resolution, Item 18. Motion carried by unanimous vote. 21. Adopted Resolution 2021-80. 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. Public Comment: None. ACTION: Motion by Councilmember Rios, seconded by Councilmember Morrison, to adopt the Resolution, Item 21, with the caveat that Staff provide a report and update on the investment within 6 months. Motion carried by unanimous vote. 28. Adopted Resolution 2021-87. Resolution of the City Council of the City of National City authorizing various Fiscal Year 2021 3rd Quarter Budget Adjustments. Councilmember Rios asked clarifying questions. Responses were provided by City Manager Raulston. Public Comment: None. ACTION: Motion by Councilmember Rios, seconded by Councilmember Bush, to adopt the Resolution, Item 28. Motion carried by unanimous vote. 35. Warrant Register #45 for the period of 5/05/21 through 5/11/21 in the amount of $257,272.31. Councilmember Rios asked clarifying questions. Responses were provided by City Manager Raulston. Public Comment: None. ACTION: Motion by Councilmember Rios, seconded by Councilmember Morrison, to approve Item 35, with a request that Staff provide a report regarding animal control services and schedule. Motion carried by unanimous vote. Page 6 of 10 38 of 550 City of National City — City Council Regular Meeting Minutes June 15, 2021 PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS 37. Adopted Resolution No. 2021-88. 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). City Clerk Molina read the title of the Resolution into the record. Director of Housing Authority Aguirre introduced Housing Programs Manager Palma who provided the report and PowerPoint presentation titled "Funding Recommendations for the Third Amendment to the 2019-2020 Action Plan". Councilmembers asked clarifying questions. Staff provided responses. Mayor Sotelo-Solis declared the Public Hearing open at 7:57 p.m. Public Comment: One (1) written comment was received and read into the record: Joan Rincon. ACTION: Motion by Councilmember Rios, seconded by Councilmember Bush, to close the Public Hearing at 7:59 p.m. Motion passed by unanimous vote. ACTION: Motion by Councilmember Rios, seconded by Vice -Mayor Rodriguez, to adopt the Resolution. Motion passed by unanimous vote. 38. Adopted Resolution No. 2021-89. 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. City Clerk Molina read the title of the Resolution into the record. Mayor Sotelo-Solis introduced Director of Public Works Yano who summarized the report and was available for questions. Councilmembers asked clarifying questions. Staff provided responses. Mayor Sotelo-Solis opened the Public Hearing at 8:04 p.m. Public Comment: None. Page 7 of 10 39 of 550 City of National City — City Council Regular Meeting Minutes June 15, 2021 City Clerk Molina read the protest procedure for opposition. No statements in opposition were received. ACTION: Motion by Councilmember Bush, seconded by Councilmember Rios, to close the Public Hearing at 8:05 p.m. Motion passed by unanimous vote. ACTION: Motion by Councilmember Rios, seconded by Councilmember Morrison, to adopt the Resolution. Motion passed by unanimous vote. 39. Adopted Resolution No. 2021-90. Public Hearing and Resolution of the City Council of the City of National City (1) 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, emergency housing, and other housing services for homeless individuals and families or those at risk of becoming homeless; (2) establishing budget appropriations and the corresponding revenue budget in the amount of $393,191 for the first PLHA program year; and (3) approving a spending plan for said PLHA funding in Fiscal Year 2022. City Clerk Molina read the title of the Resolution into the record. Mayor Sotelo-Solis introduced Director of Housing Authority Aguirre who provided the report and PowerPoint presentation titled "Permanent Local Housing Allocation (PLHA)". Councilmembers asked clarifying questions. Staff provided responses. Mayor Sotelo-Solis declared the Public Hearing open at 8:22 p.m. Public Comments: None. ACTION: Motion by Councilmember Rios, seconded by Councilmember Morrison, to close the Public Hearing at 8:22 p.m. Motion passed by unanimous vote. ACTION: Motion by Councilmember Bush, seconded by Councilmember Morrison, to adopt the Resolution. Motion passed by unanimous vote. NON CONSENT RESOLUTIONS 40. Adopted Resolution No. 2021-91. 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. City Clerk Molina read the title of the Resolution into the record. Public Comments: None. ACTION: Motion by Councilmember Morrison, seconded by Councilmember Rios, to adopt the Resolution. Motion passed by unanimous vote. Page 8 of 10 40 of 550 City of National City — City Council Regular Meeting Minutes June 15, 2021 41. Adopted Resolution No. 2021-92. 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. City Clerk Molina read the title of the Resolution into the record. Public Comment: None. ACTION: Motion by Councilmember Rios, seconded by Councilmember Morrison, to adopt the Resolution. Motion passed by unanimous vote. 42. Adopted Resolution No. 2021-93. Resolution of the City Council of the City of National City amending City Council Policy 110 entitled "Display of Flags". City Clerk Molina read the title of the Resolution into the record. Mayor Sotelo-Solis introduced Assistant City Manager Winney who provided the report. Public Comment: Three (3) written comments were received and read into the record: Erica Pinto, Chula Vista Democratic Club Executive Board, and Nadia Kean-Ayub. ACTION: Motion by Councilmember Bush, seconded by Vice -Mayor Rodriguez, to adopt the Resolution with an amendment to add that the Kumeyaay Flag be flown for the entire month of November for Native American month. Ayes: Bush, Rios, Rodriguez, Sotelo-Solis Nays: Morrison Motion carried by 4 to 1 votes. NEW BUSINESS - No agenda items. B. COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY No agenda items. C. REPORTS STAFF REPORTS 43. Update on Housing Element and Housing Strategic Plan. Mayor Sotelo-Solis introduced Director of Housing Authority Aguirre who provided the report and PowerPoint presentation titled "Housing Element, Housing Strategic Plan, and Focused General Plan Update". Public Comments: None. Received and filed report. Page 9 of 10 41 of 550 City of National City — City Council Regular Meeting Minutes June 15, 2021 44. City Manager Report. City Manager Raulston provided an update on the future opening of facilities and lifting restrictions. Assistant City Manager Winney provided a PowerPoint presentation titled "COVID- 19 Pandemic Response By The Numbers," and an update on the outreach conducted by City staff for businesses and community. Public Comments: None. Received and filed report. MAYOR AND CITY COUNCIL City Clerk Molina announced that the application period is open for commissioners wishing to fill the vacancies in the Civil Service Commission and the Traffic Safety Committee. She recognized Juneteenth. City Treasurer Beauchamp thanked the City Council for approving the reserve accounts. Councilmember Morrison had nothing to report. Councilmember Bush provided details on Juneteenth as a Federal holiday and planned events. Councilmember Rios announced that Metropolitan Water District selected Adel Hagekhalil to serve as the district's next General Manager. She also mentioned the excessive heat warning issued today and that the National City Library is a cool zone. Vice -Mayor Rodriguez provided comments on Filipino Independence and Juneteenth. Mayor Sotelo-Solis expressed gratitude to City staff for their work. She invited the community to the flag raising events planned for this week. CLOSED SESSION CLOSED SESSION REPORT City Attorney Bell reported that there was no action or direction provided by City Council. ADJOURNMENT Mayor Sotelo-Solis adjourned the meeting to the next Virtual Regular Meeting of the City Council and Community Development Commission — Housing Authority of the City of National City, California to be held Tuesday, August 3, 2021, at 6:00 p.m. via teleconference. The meeting adjourned at 9:14 p.m. Luz Molina, City Clerk The foregoing minutes were approved at the Regular Meeting of September 7, 2021. Alejandra Sotelo-Solis, Mayor Page 10 of 10 42 of 550 +- CALIFORNIA -4 NATIONAL Clflr 1331 iNCOAPORAT ED MINUTES OF THE VIRTUAL SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY June 15, 2021 The meeting was conducted utilizing teleconferencing and electronic means consistent with State of California Executive Order N-29-20 dated March 17, 2020, regarding the COVID-19 pandemic. OPEN SESSION CALL TO ORDER The meeting was called to order at 3:03 p.m. by Mayor Sotelo-Solis. ROLL CALL Councilmembers present: Bush, Morrison, Rios, Rodriguez, Sotelo-Solis Administrative Officials present: Raulston, Winney, Bell, Chapel, Meteau, and Valdez. Others: Kriesberg (Labor Negotiator) PUBLIC COMMENT None City Attorney Bell adjourned the meeting into Closed Session. The meeting recording was paused while City Councilmembers were in Closed Session. CLOSED SESSION 1. CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54957.6) Employee Organizations: Municipal Employees' Association (SEIU, Local 221), National City Firefighters Association (Local 2744), Police Officers Association (POA), Unrepresented Groups: Executive, Confidential, and Management. Agency Designated Representatives: Eddie Kreisberg (Labor Negotiator), Brad Raulston (City Manager), Tony Winney (Assistant City Manager), Paul Valdez (Budget Manager - Finance), Robert Meteau (Human Resources Director) Page 1 of 2 43 of 550 City of National City — Special Meeting Minutes June 15, 2021 City Councilmembers reconvened the meeting at 3:53 p.m. with all members present and the meeting recording was continued. CLOSED SESSION REPORT PROVIDED AT END OF REGULAR MEETING City Attorney Bell stated that he would provide the report at the Regular City Council Meeting. ADJOURNMENT Mayor Sotelo-Solis adjourned the meeting to the next Virtual Regular City Council meeting to be held Tuesday, June 15, 2021, at 6:00 p.m. via teleconference. The meeting adjourned at 3:59 p.m. Shelley Chapel, MMC, Deputy City Clerk The foregoing minutes were approved at the Regular Meeting of August 3, 2021 Alejandra Sotelo-Solis, Mayor Page 2 of 2 44 of 550 +- CALIFORNIA -4 NATIONAL Clflr 1331 iNCOAPORAT ED MINUTES OF THE VIRTUAL SOCIAL EQUITY WORKSHOP OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY June 15, 2021 The meeting was conducted utilizing teleconferencing and electronic means consistent with State of California Executive Order N-29-20 dated March 17, 2020, regarding the COVID-19 pandemic. OPEN SESSION City Attorney Bell referred the Workshop to begin and Mayor Sotelo-Solis. CALL TO ORDER The meeting was called to order at 4:00 p.m. by Mayor Sotelo-Solis. ROLL CALL Councilmembers present: Bush, Morrison, Rios, Rodriguez, Sotelo-Solis Administrative Officials present: Raulston, Winney, Bell, Chapel, Gilman, Gomez, Gamwell, Torres, and Molina. Interpretation in Spanish provided by Carlos Diaz. PUBLIC COMMENT None COMMERCIAL CANNABIS AND LOCAL/SOCIAL EQUITY WORKSHOP a. Workshop Guidelines b. Presentation City Attorney Bell, and Economic Development Specialist Gamwell gave the introduction to the Workshop and an Overview of the process that will be followed. c. Breakout Rooms Meeting participants were given a choice of the breakout room topic they would like to discuss. Those topics were: 1. Economic Empowerment 2. Community Reinvestment 3. Restorative Justice 4. Education and Research Economic Development Specialist Gamwell explained how the breakout room process would be open for twenty (20) minutes and provided the three (3) questions that would be discussed in the breakout rooms. Page 1 of 2 45 of 550 City of National City — Special Meeting Minutes June 15, 2021 1. What does your breakout room topic mean to you? 2. Do you think funds generated from Cannabis businesses should directly benefit local social equity within the Cannabis industry or should they be used to fund other? 3. What programs do you think Cannabis funds go toward in our community? Five (5) minutes will be given on each question per participant. City Attorney Bell provided direction to the City Councilmembers. They are allowed to join the breakout rooms, but are advised not to participate in the discussions or dialogue. d. Report on Community Discussions and Community Input City Attorney Bell provided time for each room moderator to report out on their session. Gabriel Torres, Deputy City Attorney — Community Reinvestment Mike Gomez, Risk Manager — Restorative Justice Jennifer Gilman, Deputy City Attorney — Economic Empowerment Charles Bell — Education and Research e. Council Direction / Comments ADJOURNMENT Mayor Sotelo-Solis adjourned the meeting to the next Virtual City Council and Community Development Commission — Housing Authority, and Successor Agency to the Community Development Commission as the National City Redevelopment Agency of the City of National City meeting to be held Tuesday, June 15, 2021, at 6:00 p.m. via teleconference. The meeting adjourned at 5:55 p.m. Shelley Chapel, MMC, Deputy City Clerk The foregoing minutes were approved at the Regular Meeting of August 3, 2021 Alejandra Sotelo-Solis, Mayor Page 2 of 2 46 of 550 +- CALIFORNIA -4 NATIONAL Clflr 1331 iNCOAPORAT ED MINUTES OF THE VIRTUAL SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY July 13, 2021 The meeting was conducted utilizing teleconferencing and electronic means consistent with State of California Executive Order N-29-20 dated March 17, 2020, regarding the COVID-19 pandemic. OPEN SESSION CALL TO ORDER The meeting was called to order at 4:02 p.m. by Mayor Sotelo-Solis. ROLL CALL Councilmembers present: Bush, Morrison, Rios, Rodriguez, Sotelo-Solis Administrative Officials present: Raulston, Bell, Chapel, Meteau, and Valdez. Others: Kriesberg (Labor Negotiator) PUBLIC COMMENT Two Written Comment Received (2): Moon Coyote and H. Bradley Bang Mayor Sotelo-Solis adjourned the meeting into Closed Session. The meeting recording was paused while City Councilmembers were in Closed Session. CLOSED SESSION 1. CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54957.6) Employee Organizations: Municipal Employees' Association (SEIU, Local 221), National City Firefighters Association (Local 2744), Police Officers Association (POA), Unrepresented Groups: Executive, Confidential, and Management. Agency Designated Representatives: Eddie Kreisberg (Labor Negotiator), Brad Raulston (City Manager), Tony Winney (Assistant City Manager), Paul Valdez (Budget Manager - Finance), Robert Meteau (Human Resources Director) Page 1 of 2 47 of 550 City of National City — Special Meeting Minutes July 13, 2021 City Councilmembers reconvened the meeting at 3:53 p.m. with all members present and the meeting recording was continued. CLOSED SESSION REPORT PROVIDED AT END OF REGULAR MEETING City Attorney Bell stated that he would provide the report at the Regular City Council Meeting. ADJOURNMENT The meeting adjourned at 6:00 p.m. Shelley Chapel, MMC, Deputy City Clerk The foregoing minutes were approved at the Regular Meeting of August 3, 2021 Alejandra Sotelo-Solis, Mayor Page 2 of 2 48 of 550 CALIFORNIA N,NTIONAL CITY MCOAPOP.ATEO MINUTES OF THE VIRTUAL REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY August 3, 2021 This meeting was conducted utilizing teleconferencing and electronic means consistent with State of California Executive Order N-29-20 dated March 17, 2020, regarding the COVID-19 pandemic. The City Council minutes are prepared and ordered to correspond to the City Council Agenda. Agenda Items can be taken out of order during the meeting. The Agenda Items were considered in the order presented. A. CITY COUNCIL CALL TO ORDER The meeting was called to order at 6:06 p.m. by Mayor Sotelo-Solis. ROLL CALL Councilmembers present: Bush, Morrison (joined at 6:38 p.m.), Rios, Rodriguez, Sotelo-Solis Other Elected Officials present: Beauchamp, Molina Administrative Officials present: Raulston, Winney, Bell, Chapel, Torres, Gilman, Williams, Davis, Brennan, Meteau, Denham, Drew, Duong, Gamwell, Gilman, Maxilom, Vergara, Aguirre, Olson, Yano, Parra, Barrera, Valdez, and Tellez. Interpretation in Spanish provided by Claudia Valencia and Luisa Diaz de Leon. PLEDGE OF ALLEGIANCE TO THE FLAG Vice -Mayor Rodriguez led the Pledge of Allegiance. PUBLIC COMMENTS Mayor Sotelo-Solis summarized the process for acceptance of live public comment. Three (3) spoken public comments were heard: Peggy Walker (Cannabis), Kelly McCormick (Cannabis), and Becky Rapp (Cannabis). Two (2) written comments were received and read into the record: Cassandra Martinez (Dog Parks and Alleyways), and Ana Morales (Gerry's Grill). PROCLAMATIONS AND CERTIFICATES — No agenda items. Page 1 of 9 49 of 550 City of National City — City Council Regular Meeting Minutes August 3, 2021 AWARDS AND RECOGNITIONS — No agenda items. PRESENTATIONS 1. Drought Preparedness: Water Supply Reliability and Resilience in National City Mayor Sotelo-Solis introduced Assistant City Manager Winney, and Jennifer Sabine, Interim General Manager, Sweetwater Authority who provided the report and a PowerPoint Presentation titled "Drought Preparedness: Water Reliability and Resilience in National City". Public Comment: None Received and filed. INTERVIEWS / APPOINTMENTS 2. Appointments: City Boards, Commissions and Committees - City Council Appointment. Mayor Sotelo-Solis introduced City Clerk Molina recited City Council Policy #107 Section D8 regarding the interview process. Deputy City Clerk Chapel provided the Staff report. Civil Service Commission: Fulfill the remainder of the terms for Commissioner Fred Puhn who resigned on April 7, 2021, and Commissioner Lissette Miramontes who resigned on May 24, 2021. One (1) vacancy for a term through September 30, 2022. One (1) vacancy for a term through September 30, 2024. The City Council considered two (2) applicants for these positions. City Council conducted a public interview of applicant Thomas Luna, via telephone. The other applicant, Javier Alvarado, was not available for interview, but had been previously interviewed on June 1, 2021. Public Comment: None ACTION: Motion by Councilmember Rios, seconded by Councilmember Bush, to appoint Mr. Luna to the Civil Service Commission seat with term ending September 30, 2024. Councilmembers cast their vote virtually by holding up the name of the applicant who received their vote. Councilmember Bush voted for Mr. Luna. Councilmember Morrison voted for Mr. Alvarado. Councilmember Rios voted for Mr. Luna. Vice -Mayor Rodriguez voted for Mr. Alvarado. Mayor Sotelo-Solis voted for Mr. Luna. Mr. Luna was appointed to Civil Service Commission seat with term ending September 30, 2024 by 3-2 vote. Page 2 of 9 50 of 550 City of National City — City Council Regular Meeting Minutes August 3, 2021 ACTION: Motion by Councilmember Rios, seconded by Councilmember Bush, to not appoint at this time for the Civil Service Commission seat with term ending September 30, 2022. Ayes: Bush, Rios, Sotelo-Solis Nays: Morrison, Rodriguez Motion carried by 3 to 2 votes. This vacancy will be noticed during the month of August, and return to Council for interviews and appointment on September 21, 2021. REGIONAL BOARDS AND COMMITTEE REPORTS Port Commissioner Sandy Naranjo provided a report on the business of the Port of San Diego. Councilmember Rios reported on San Diego County Water Authority announced that they will be participating on the Department of Defense SkillBridge Program to offer career -track jobs in the water industry. Councilmember Morrison reported that the finances for The Regional Solid Waste Association will be managed by the City of National City at $10,000 per year for the next five years. Councilmember Bush reported on updates for the Air Pollution Control District and the South County Economic Development Council and the Metropolitan Transit System. Vice -Mayor Rodriguez announced that the next Wastewater JPA meeting is planned for Thursday. Mayor Sotelo-Solis reported on SANDAG and the project labor agreement discussions that are ongoing. She recognized the 40' anniversary of the Metropolitan Transit System and provided updates on transportation. CONSENT CALENDER Mayor Sotelo-Solis requested City Clerk Molina read any public comment received into the record. Public Comment: Item 9 — Two (2) written comments were received from Joan Rincon and Ted Godshalk. Item 20 — One (1) spoken public comment was received from Joan Rincon. ACTION: Motion by Councilmember Rios, seconded by Mayor Sotelo-Solis, to approve the Consent Calendar Items 3 through 21. Motion carried by unanimous vote. 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. 4. Approval of City Council, Community Development and Housing Authority of the City of National City: Virtual Regular Meeting Minutes: April 6, 2021, April 20, 2021, May 4, 2021, and May 18, 2021; Virtual Special Budget Workshop Minutes: April 20, 2021; Virtual Page 3 of 9 51 of 550 City of National City - City Council Regular Meeting Minutes August 3, 2021 Special Closed Session Meeting Minutes: April 20, 2021, and May 18, 2021; and, Virtual Special Budget Meeting Minutes: May 18, 2021. 5. Adopted Resolution 2021-94. 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. 6. Adopted Resolution 2021-95. Resolution of the City Council of the City of National City accepting funds in the amount of $2,500 from the San Diego Gas & Electric (SDG&E) 2021 SAFE San Diego Grant Program through the Burn Institute, a 501(c)(3) non-profit organization, for the National City Community Emergency Response Team (CERT) to recruit, administer, and promote CERT training in National City, and authorizing the establishment of a Reimbursable Grants City -Wide Fund appropriation and corresponding revenue budget. 7. Adopted Resolution 2021-96. Resolution of the City Council of the City of National City to authorize the Chief of Police to enter into an Agreement with Richard J. Donovan Correctional Facility for the Temporary Right of Entry and License Agreement for Firing Range Use for the National City Police Department. 8. Adopted Resolution 2021-97. 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 Chandler Asset Management, Inc. for investment management and investment advisory services, extending the agreement to November 15, 2021. 9. Adopted Resolution 2021-98.Resolution of the City Council of the City of National City: 1) authorizing the appropriation of $1,659,680.00 for the West 19th Street Greenway project, reimbursable through the State of California Natural Resources Agency; 2) establishing corresponding revenue and expenditure accounts; and 3) committing to providing a local match of $100,000.00. 10. Adopted Resolution 2021-99. Resolution of the City Council of the City of National City authorizing the installation of a blue curb disabled persons parking space with sign in front of the residence located at 321 E. 1st Street (TSC No. 2021-11). 11. Adopted Resolution 2021-100. Resolution of the City Council of the City of National City authorizing the installation of two (2) marked parallel "30-minute" parking spaces in front of the property located at 1120-1130 E. 8th Street to increase parking turnover for customers (TSC No. 2021-12). 12. Adopted Resolution 2021-101. Resolution of the City Council of the City of National City authorizing the installation of a blue curb disabled persons parking space with sign in front of the residence located at 643 E. 28th Street (TSC No. 2021-13). 13. Temporary Use Permit - Spirit Halloween retail tent store hosted by Spirit Halloween at Westfield Plaza Bonita Mall from September 4, 2021 thru November 15, 2021 with no waiver of fees. Page 4of9 52 of 550 City of National City — City Council Regular Meeting Minutes August 3, 2021 14. Temporary Use Permit — 2nd Annual End of Summer Car Show hosted by the Lowrider Coalition at Kimball Park on Saturday, September 18, 2021 from 11 a.m. to 5 p.m. with no waiver of fees. 15. Investment transactions for the month ended May 31, 2021. 16. Ratified Warrant $212,952.03. 17. Ratified Warrant $3,591,735.08. 18. Ratified Warrant $1,121,053.21. 19. Ratified Warrant $1,663,462.84. 20. Ratified Warrant $1,151,164.26. 21. Ratified Warrant $1,629,000.27. Register #47 for the period of 5/19/21 through 5/25/21 in the amount of Register #48 for the period of 5/26/21 through 6/01/21 in the amount of Register #49 for the period of 6/02/21 through 6/08/21 in the amount of Register #50 for the period of 6/09/21 through 6/15/21 in the amount of Register #51 for the period of 6/16/21 through 6/22/21 in the amount of Register #52 for the period of 6/23/21 through 6/29/21 in the amount of PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS 22. Adopted Resolution No. 2021-102. Public Hearing and Resolution of the City Council of the City of National City approving an amendment to the General Plan to adopt the 2021- 2029 Housing Element (Case No. 2021 — 14GP), pursuant to Article 10.6 of the Government Code (Sections 65880 et al), which provides a comprehensive strategy for promoting the production, preservation, and maintenance of housing to meet current and future community housing needs in the City of National City; and adopting the Negative Declaration for the 2021-2029 Housing Element. City Clerk Molina read the title of the Resolution into the record. Mayor Sotelo-Solis introduced Director of Housing and Economic Development Aguirre and Housing Element Project Manager Tara Lake, WSP, who provided the report and PowerPoint Presentation titled "2021-2019 Housing Element and Negative Declaration". Councilmembers asked clarifying questions. Staff provided responses. Mayor Sotelo-Solis declared the Public Hearing open at 8:02 p.m. Public Comment: None. ACTION: Motion by Councilmember Morrison, seconded by Councilmember Bush, to close the Public Hearing at 8:03 p.m. Motion passed by unanimous vote. Page 5 of 9 53 of 550 City of National City — City Council Regular Meeting Minutes August 3, 2021 ACTION: Motion by Councilmember Bush, seconded by Councilmember Rios, to adopt the Resolution. Motion passed by unanimous vote. NON CONSENT RESOLUTIONS 23. Adopted Resolution No. 2021-103. Resolution of the City Council of the City of National City: 1) authorizing the Mayor to adopt the 2019 San Diego Integrated Regional Water Management (IRWM) Plan; 2) authorizing the City Manager to execute the Proposition 1 IRWM Implementation Grant Agreement for the Paradise Creek Water Quality and Community Enhancement — Phase II project; and 3) establishing corresponding revenue and expenditure accounts. City Clerk Molina read the title of the Resolution into the record. Mayor Sotelo-Solis introduced Director of Public Works / City Engineer Yano, who provided the report and PowerPoint presentation titled "Paradise Creek Water Quality & Community Enhancement Project". Public Comment: None ACTION: Motion by Councilmember Rios, seconded by Councilmember Morrison, to adopt the Resolution. Motion passed by unanimous vote. 24. Adopted Resolution No. 2021-104 Resolution of the City Council of the City of National City, California: (1) approving participation in the Clean Mobility Options (CMO) voucher pilot program from the California air resources board for the Free Ride Around National City (FRANC) Neighborhood Electric Vehicle (NEV) system and (2) authorizing the city manager to execute the approval of CMO voucher funds, reiterate CMO program commitment, and compliance with CMO program requirements to the CMO program administrator team. City Clerk Molina read the title of the Resolution into the record. Mayor Sotelo-Solis introduced Director of Public Works / City Engineer Yano, who provided the report and PowerPoint presentation titled "FRANC Free Ride Around National City". Public Comment: None. ACTION: Motion by Mayor Sotelo-Solis, seconded by Councilmember Bush, to adopt the Resolution. Motion passed by unanimous vote. Mayor Sotelo-Solis called for recess at 9:01, returning at 9:07 p.m. with all members present. NEW BUSINESS 25. Discuss and provide direction to staff on the American Rescue Plan Act expenditure plan. Page 6 of 9 54 of 550 City of National City — City Council Regular Meeting Minutes August 3, 2021 Mayor Sotelo-Solis introduced City Manager Raulston, who provided the report and PowerPoint presentation titled "American Rescue Act (ARPA) Overview". Received and filed. B. COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY CONSENT RESOLUTIONS - HOUSING AUTHORITY — No agenda items. PUBLIC HEARINGS: RESOLUTIONS - HOUSING AUTHORITY — No agenda items. NON CONSENT RESOLUTIONS - HOUSING AUTHORITY 26. Adopted Resolution No. 2021-105. Resolution of the Community Development Commission -Housing Authority of the City of National City ("Housing Authority") adopting the National City Housing Authority 2021-2025 Housing Strategic Plan to establish guidance for the Housing Authority to utilize City -owned real estate and financial assets for housing purposes. City Clerk Molina read the title of the Resolution into the record. Mayor Sotelo-Solis introduced Director of Housing and Economic Development Aguirre provided the report and PowerPoint Presentation titled "Housing Strategic Plan". Public Comment: None. ACTION: Motion by Councilmember Rios, seconded by Councilmember Morrison, to adopt the Resolution. Motion passed by unanimous vote. NEW BUSINESS - HOUSING AUTHORITY — No agenda items. C. REPORTS , STAFF REPORTS 27. City Manager Report. City Manager Raulston provided an update on the changes made considering the COVID-19 delta variant surge. He commented on the Federal infrastructure bill and the State budget and the funding that is coming to the City for various services. He recognized the group of National City Firefighters that are deployed to fight the Dixie fire in Chico, CA. He welcomed new Library & Community Services Director Joyce Ryan. MAYOR AND CITY COUNCIL City Clerk Molina announced that there will be at least eleven (11) vacancies on the City's Boards, Committees, and Commissions and encouraged Councilmembers to advocate for applicants to submit applications by the September 2, 2021 deadline. Page 7 of 9 55 of 550 City of National City — City Council Regular Meeting Minutes August 3, 2021 Councilmember Bush had nothing to report. Councilmember Morrison commented on the potential for restaurants to use permanent or semi- permanent outdoor space. Councilmember Rios asked Staff to review the request for Gerry's Grill. Vice -Mayor Rodriguez mentioned a need for a community benefits agreement for public works projects. ACTION: Motion by Vice -Mayor Rodriguez, seconded by Councilmember Morrison, to add to the September 7, 2021 City Council regular meeting agenda an item to discuss moving forward with negotiation of a community benefits agreement with the San Diego County Building and Construction Trades Council. Ayes: Bush, Morrison, Rodriguez Nays: Rios, Sotelo-Solis Motion carried by 3 to 2 votes. Mayor Sotelo-Solis proposed the need to form a sub -committee composed of herself and Vice - Mayor Rodriguez to discuss a community benefit agreement. ACTION: Motion by Mayor Sotelo-Solis, seconded by Councilmember Rios, to form an ad -hoc sub -committee composed of the Mayor and Vice -Mayor to discuss a community benefits agreement. Ayes: Bush, Rios, Sotelo-Solis Nays: Morrison, Rodriguez Motion carried by 3 to 2 votes. Mayor Sotelo-Solis announced that a new Miss National City was crowned and invites her to join the next City Council meeting for an introduction. Also, she thanked Staff for their ability to pivot in response to the COVID-19 delta variant threat. Councilmember Morrison asked City Attorney Bell for clarification on the motion to form an ad - hoc sub -committee. City Attorney Bell will review the matter and provide a response based on City Council policy. CLOSED SESSION CLOSED SESSION REPORT 1. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION Government Code § 54956.9(d)(1) Name of Case: Mario Toledo Bedolla, et al. v. City of National City San Diego Superior Court — Central Division Case No. 37-2019-00054733-CU-PO-CTL City Attorney Bell reported that City Council provided direction by unanimous vote. 2. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION Government Code Section 54956.9(d)(1) Name of Case: Cheryl Newell v. City of National City Workers' Compensation Appeal Board Case No. Claim # 19-144956 — WCAB # ADJ13235277 Page 8 of 9 56 of 550 City of National City — City Council Regular Meeting Minutes August 3, 2021 City Attorney Bell reported that City Council provided direction by unanimous vote. 3. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION Government Code Section 54956.9(d)(1) Name of Case: Denise Barahura v. City of National City Workers' Compensation Appeal Board Case No. Claim # 18-135716— WCAB # ADJ11820311 City Attorney Bell reported that there was no action or direction provided by City Council. ADJOURNMENT ACTION: Motion by Councilmember Morrison, seconded by Councilmember Rios, to adjourn the meeting to the Special Meeting — Successor Agency to The Community Development Commission as the National City Redevelopment Agency being held upon adjournment of this meeting. Motion passed by unanimous vote. Mayor Sotelo-Solis adjourned to the Special Meeting — Successor Agency to The Community Development Commission as the National City Redevelopment Agency. The meeting adjourned at 10:39 p.m. Luz Molina, City Clerk The foregoing minutes were approved at the Regular Meeting of September 7, 2021. Alejandra Sotelo-Solis, Mayor Page 9 of 9 57 of 550 +-- CALIFORNIA NATIONAL c mm iNCsOAPORAT84 v MINUTES OF THE VIRTUAL SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY August 3, 2021 The meeting was conducted utilizing teleconferencing and electronic means consistent with State of California Executive Order N-29-20 dated March 17, 2020, regarding the COVID-19 pandemic. OPEN SESSION CALL TO ORDER The meeting was called to order at 3:05 p.m. by Mayor Sotelo-Solis. ROLL CALL Councilmembers present: Bush, Morrison, Rios, Rodriguez, Sotelo-Solis Administrative Officials present: Raulston, Winney, Bell Jr., Yanno, Brennan, Meteau Consultants: Coppedge PUBLIC COMMENT — None. CLOSED SESSION 1. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION Government Code § 54956.9(d)(1) Name of Case: Mario Toledo Bedolla, et al. v. City of National City San Diego Superior Court— Central Division Case No. 37-2019-00054733-CU-PO-CTL Members retired into Closed Session at 3:11 p.m. and returned at 3:18 p.m. with all members present in attendance: Bush, Morrison, Rios, Rodriguez, Sotelo-Solis, Raulston, Winney, Bell Jr., and Yano. 2. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION Government Code Section 54956.9(d)(1) Name of Case: Cheryl Newell v. City of National City Workers' Compensation Appeal Board Case No. Claim # 19-144956 — WCAB # ADJ13235277 Members retired into Closed Session at 3:18 p.m. and returned at 3:33 p.m. with all members present in attendance: Bush, Morrison, Rios, Rodriguez, Sotelo-Solis, Raulston, Winney, Bell Jr., Brennan, and Consultant Coopedge. 3. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION Government Code Section 54956.9(d)(1) Name of Case: Denise Barahura v. City of National City Workers' Compensation Appeal Board Case No. Claim # 18-135716 — WCAB # ADJ11820311 Page 1 of 2 58 of 550 City of National City — Special Meeting Minutes August 3, 2021 Members retired into Closed Session at 3:18 p.m. and returned at 3:33 p.m. with all members present in attendance: Bush, Morrison, Rios, Rodriguez, Sotelo-Solis, Raulston, Winney, Bell Jr., Brennan, and Consultant Coopedge. CLOSED SESSION REPORT PROVIDED AT END OF REGULAR MEETING ADJOURNMENT Mayor Sotelo-Solis adjourned the meeting at 3:34 p.m. to the next Virtual Regular City Council meeting to be held immediately following via teleconference. Shelley Chapel, Deputy City Clerk The foregoing minutes were approved at the Regular Meeting of August 17, 2021 Alejandra Sotelo-Solis, Mayor Page 2 of 2 59 of 550 +- CALIFORNIA -4 NATIONAL Clflr 1331 iNCOAPORAT ED MINUTES OF THE VIRTUAL SPECIAL MEETING SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY August 3, 2021 This meeting was conducted utilizing teleconferencing and electronic means consistent with State of California Executive Order N-29-20 dated March 17, 2020, regarding the COVID-19 pandemic. The City Council minutes are prepared and ordered to correspond to the City Council Agenda. Agenda Items can be taken out of order during the meeting. The Agenda Items were considered in the order presented. CALL TO ORDER The meeting was called to order at 10:39 p.m. by Mayor Sotelo-Solis. ROLL CALL Councilmembers present: Bush, Morrison, Rios, Rodriguez, Sotelo-Solis Other Elected Officials present: Molina Administrative Officials present: Raulston, Winney, Bell, Chapel, Torres, Gilman, Williams, Davis, Meteau, Denham, Drew, Duong, Gamwell, Gilman, Maxilom, Vergara, Aguirre, Olson, Yano, Parra, Barrera, Valdez, and Tellez. Interpretation in Spanish provided by Claudia Valencia and Luisa Diaz de Leon. PUBLIC COMMENTS- None. CONSENT CALENDER 1. Approval of Meeting Minutes of the Regular Meeting of the Successor Agency to the Community Development Commission as the National City Redevelopment Agency of June 16, 2020, August 18, 2020, and September 15, 2020. Public Comment: None. ACTION: Motion by Councilmember Morrison, seconded by Councilmember Rios, to approve the Consent Calendar Item 1. Motion carried by unanimous vote. PUBLIC HEARINGS — No agenda items. NON CONSENT RESOLUTIONS Page 1 of 2 60 of 550 City of National City — Successor Agency Special Meeting Minutes August 3, 2021 2. Adopted Resolution No. 2021-110. Resolution of the Board of the Successor Agency to the Community Development Commission as the National City Redevelopment Agency Adopting a Budget of $4,400,238 for Fiscal Year 2021-22. City Clerk Molina read the title of the Resolution into the record. Public Comment: None. ACTION: Motion by Councilmember Morrison, seconded by Councilmember Rios, to adopt the Resolution. Motion passed by unanimous vote. NEW BUSINESS — No agenda items. STAFF REPORTS — No agenda items. MEMBER REPORTS — No agenda items. CLOSED SESSION REPORT — No agenda items. ADJOURNMENT Mayor Sotelo-Solis adjourned the meeting to the next Virtual Regular Meeting of the Successor Agency to the Community Development Commission as the National City Redevelopment Agency, to be held Tuesday, September 21, 2021, at 6:00 p.m. via teleconference. The meeting adjourned at 10:42 p.m. Luz Molina, City Clerk The foregoing minutes were approved at the Regular Meeting of September 7, 2021. Alejandra Sotelo-Solis, Mayor Page 2 of 2 61 of 550 CALIFORNIA TT10NAL CITY e et �1 CORFORA78D . MINUTES OF THE VIRTUAL REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY August 17, 2021 This meeting was conducted utilizing teleconferencing and electronic means consistent with State of California Executive Order N-29-20 dated March 17, 2020, regarding the COVID-19 pandemic. The City Council minutes are prepared and ordered to correspond to the City Council Agenda. Agenda Items can be taken out of order during the meeting. The Agenda Items were considered in the order presented. A. CITY COUNCIL CALL TO ORDER The meeting was called to order at 6:10 p.m. by Mayor Sotelo-Solis. ROLL CALL Councilmembers present: Bush, Morrison, Rios, Rodriguez, Sotelo-Solis Other Elected Officials present: Beauchamp, Molina Administrative Officials present: Raulston, Winney, Bell, Chapel, Gilman, Williams, Denham, Meteau, Aguirre, Olson, Yano, Parra, Barrera, Valdez, Ryan, Brennan, Martinez, and Tellez. Interpretation in Spanish provided by Carlos Diaz and Claudio Valencia. PLEDGE OF ALLEGIANCE TO THE FLAG Assistant City Manager Winney led the Pledge of Allegiance. PUBLIC COMMENTS Mayor Sotelo-Solis summarized the process for acceptance of live public comment and introduced City Clerk Molina. Spoken public comments: None. Written public comments received: None. PROCLAMATIONS AND CERTIFICATES Mayor Sotelo-Solis announced the meeting will be adjourned in memory of Russell "Russ" Eugene Washington, former San Diego Charger and National City business owner and resident. Mr. Hank Bauer was introduced to share some history on Mr. Washington, also known as Big Rue. AWARDS AND RECOGNITIONS — No agenda items. Page 1 of 6 62 of 550 City of National City — City Council Regular Meeting Minutes August 17, 2021 PRESENTATIONS 1. Introduction of 2021-2022 Miss National City Court. Mayor Sotelo-Solis introduced Recreation Superintendent Denham who provided a video presentation and introduced National City Queen Ulyssa Easley. 2. Introducing and Welcoming Dr. Mark Sanchez, New Superintendent / President of Southwestern College. Mayor Sotelo-Solis introduced Dr. Sanchez who provided updates from Southwestern College. 3. Sweetwater Union High School Mock Trial Program. Mayor Sotelo-Solis introduced City Attorney Bell who provided the overview of the program and introduced Mentors Hector Jimenez and Michelle Luna Reynoso. 4. Summary of May 2021 Workshop on Pepper Park Expansion. Mayor Sotelo-Solis introduced Port of San Diego Planning Director Lesley Nishihira and Planning Program Manager Anna Buzaitis, and National City Port Commissioner Sandy Naranjo who provided the report and a PowerPoint Presentation titled "Summary of May 6' Workshop on Pepper Park Expansion". INTERVIEWS / APPOINTMENTS 5. Rescinding prior City Council action regarding formation of an Ad -Hoc Sub -Committee taken at the August 3, 2021 City Council Meeting. Mayor Sotelo-Solis introduced the item. Public Comment: One (1) written comment received: Eric Christen (Oppose) ACTION: Motion by Mayor Sotelo-Solis, seconded by Councilmember Rios, to rescind prior City Council action taken at the August 3, 2021 City Council meeting. Motion carried by unanimous vote. 6. Project Labor Standards and Policies — Ad Hoc Committee Appointment. Mayor Sotelo-Solis introduced the item. Public Comment: One (1) written comment received: Joan Rincon (Oppose) ACTION: Motion by Mayor Sotelo-Solis, seconded by Councilmember Rios, to appoint Mayor Sotelo-Solis and Councilmember Rios to the Ad Hoc Committee. Ayes: Bush, Rios, Sotelo-Solis Nays: Morrison, Rodriguez Motion carried by 3 to 2 votes. Page 2 of 6 63 of 550 City of National City — City Council Regular Meeting Minutes August 17, 2021 REGIONAL BOARDS AND COMMITTEE REPORTS Councilmember Morrison had no report. Councilmember Bush reported on the Air Pollution Control District permit process and a tour of a concrete recycling center processing plant. Councilmember Rios reported on the historic low water level (Level 1) for Lake Mead. Vice -Mayor Rodriguez reported on a presentation for future investments in wastewater systems. Mayor Sotelo-Solis reported on the Council of Water Utilities and the recycled water program. CONSENT CALENDER Mayor Sotelo-Solis requested City Clerk Molina read any public comment received into the record. Public Comment: None. ACTION: Motion by Councilmember Bush, seconded by Vice -Mayor Rodriguez, to approve the Consent Calendar Items 7 through 18. Motion carried by unanimous vote. 7 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. 8. Approval of City Council, Community Development and Housing Authority of the City of National City: Virtual Regular Meeting Minutes: June 1, 2021; and City Council of the City of National City Virtual Special Meeting Minutes: June 1, 2021. 9. Adopted Resolution 2021-105. Resolution of the City Council of the City of National City: 1) waiving the formal bid process pursuant to National City Municipal Code Section 2.60.220(B) regarding sole source purchasing and authorizing the Mayor to execute a City of San Diego Office of Homeland Security Grant Subaward Amendment for the purchase of a FLIR Skywatch Tower for the Police Department; and 2) approving the establishment of appropriations and corresponding revenue budget in the amount of $220,000 for a new total of $230,000 to the Reimbursable Grant Citywide account for the FY19 Urban Area Security Initiative (UASI) Grant. 10. Adopted Resolution 2021-106. Resolution of the City Council of the City of National City approving the Mayor to execute an Agreement between the City of San Diego Office of Homeland Security and the City of National City, and authorizing the establishment of an appropriation and corresponding revenue budget in the amount of $18,188 from the FY20 Urban Area Security Initiative (UASI) Grant Funds for the reimbursable grant purchase of training, exercises, and conferences for the Police and Fire Department. 11. Adopted Resolution 2021-107. Resolution of the City Council of the City of National City: 1) ratifying acceptance of funds in the total amount of $15,539 awarded to the City of National City from the Beverage Container Recycling City/County Payment Program from the California Department of Resources Recycling and Recovery (CalRecycle) for FY21 Page 3 of 6 64 of 550 City of National City — City Council Regular Meeting Minutes August 17, 2021 to implement recycling projects and programs such as beverage recycling containers in city parks, clean-up activities, and educational materials; 2) authorizing the acceptance of the Beverage Container Recycling City/County Payment Program funds for $15,539 and the establishment of the Trash Rate Stabilization Fund appropriation of $15,539 and corresponding revenue budget for the implementation of recycling projects and programs. 12. Adopted Resolution 2021-108. Resolution of the City Council of the City of National City, waiving the formal bid process pursuant to National City Municipal Code Section 2.60.260 regarding cooperative purchasing and authorizing the City to piggyback onto Sourcewell (formerly "National Joint Powers Alliance") Contract #122017-FSC with Haaker Equipment Company for the purchase and build -out of one (1) Vactor 2110 Plus Sewer Cleaner Vactor Truck in an amount not -to -exceed $450,219.56. 13. Adopted Resolution 2021-109. Resolution of the City Council of the City of National City waiving the bid process pursuant to section 2.60.260 of the National City Municipal Code and authorizing the Mayor to execute a three year agreement with eSCRIBE Software Ltd. in the total not -to -exceed amount of $96,045 to procure and support eSCRIBE Agenda Management Software. 14. Adopted Resolution 2021-110. Resolution of the City Council of the City of National City amending City Council Policy 110 entitled "Display of Flags". 15. Temporary Use Permit — Pumpkin Station hosted by Pinery Christmas Trees, Inc. at Westfield Plaza Bonita Mall from October 1, 2021 thru October 31, 2021 with no waiver of fees. 16. Investment Report for the quarter ended June 30, 2021. 17. Ratified Warrant Register #1 for the period of 6/30/21 through 7/6/21 in the amount of $1,458,359.66. 18. Ratified Warrant Register #2 for the period of 7/7/21 through 7/13/21 in the amount of $1,643,847.55. PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS — No agenda items. NON CONSENT RESOLUTIONS 19. Adopted Resolution No. 2021-111. Resolution of the City Council of the City of National City setting the property tax rate for the Library General Obligation Bonds for fiscal year 2022. The rate remains the same as previous year at 0.59 cent per $100 of assessed valuation. City Clerk Molina read the title of the Resolution into the record. No report was presented. Public Comment: None. ACTION: Motion by Councilmember Rios, seconded by Councilmember Morrison, to adopt the Resolution. Motion passed by unanimous vote. Page 4 of 6 65 of 550 City of National City — City Council Regular Meeting Minutes August 17, 2021 NEW BUSINESS 20. Adopted Resolution No. 2021-112. Resolution of the City Council of the City of National City approving the National City Age -Friendly Action Plan. City Clerk Molina read the title of the Resolution into the record. Mayor Sotelo-Solis introduced Carlos Aguirre, Director of Housing Authority, Myra Martinez, Housing Programs Specialist, and Jana Schwartz, County of San Diego Age Well Team who provided the report and a PowerPoint presentation titled "Age Friendly National City". Councilmembers asked clarifying questions. Staff provided responses. Public Comment: None. ACTION: Motion by Councilmember Rios, seconded by Mayor Sotelo-Solis, to adopt the Resolution. Motion passed by unanimous vote. 21. Report on the Balanced Plan, the Maritime Clean Air Strategy (MCAS), and other Port District matters related to National City. Staff recommends sending the attached letter to the San Diego Board of Port Commissioners (BPC) to make a formal request for American Rescue Plan Act (ARPA) funds to support the Balanced Plan and MCAS. Mayor Sotelo-Solis introduced City Manager Raulston, who provided the report. Public Comment: One (1) written comment received: Danny Serrano (Support). ACTION: Motion by Councilmember Morrison, seconded by Councilmember Bush, to include the Timeline (Attachment B to staff report) with the letter, and the addition of the words "past decades" at the end of first paragraph. Motion passed by unanimous vote. B. COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY CONSENT RESOLUTIONS - HOUSING AUTHORITY — No agenda items. PUBLIC HEARINGS: RESOLUTIONS - HOUSING AUTHORITY — No agenda items. NON CONSENT RESOLUTIONS - HOUSING AUTHORITY — No agenda items. NEW BUSINESS - HOUSING AUTHORITY — No agenda items. C. REPORTS STAFF REPORTS 22. City Manager Report. Assistant City Manager Winney provided a report on COVID-19 efforts, the revised Caltrans policy regarding homeless encampments, and the federal infrastructure bill. Page 5 of 6 66 of 550 City of National City — City Council Regular Meeting Minutes August 17, 2021 MAYOR AND CITY COUNCIL City Clerk Molina announced that applications are being accepted for the vacancies on the City's Boards, Committees, and Commissions, through September 2, 2021 at 5 pm. She also provided details for voting in the California Gubernatorial Recall Election. Councilmember Bush announced that JARO project is providing free surf lessons to local youth. Councilmember Rios reminded residents that they may vote at three voting locations in National City. Councilmember Morrison commented on Caltrans actions for dealing with the homelessness problem. He also expressed Vice -Mayor Rodriguez commented on the special election and encouraged residents to vote. He also commented on the federal infrastructure bill. Mayor Sotelo-Solis announced that election day is September 14, 2021 and directed residents to the City Clerk's website for details. She commented on the available vaccination resources, and the information provided by the Port of San Diego representatives. CLOSED SESSION CLOSED SESSION REPORT City Attorney Bell reported that there was no action or direction provided by City Council. ADJOURNMENT The meeting adjourned in memory of Russ Washington also known as Big Rue. Mayor Sotelo-Solis adjourned to the Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City to be held Tuesday, September 7, 2021 at 6:00 p.m. via teleconference. The meeting adjourned at 8:29 p.m. Luz Molina, City Clerk The foregoing minutes were approved at the Regular Meeting of September 7, 2021. Alejandra Satelo-Solis, Mayor Page 6 of 6 67 of 550 +- CALIFORNIA -4 NATIONAL Clflr 1331 iNCOAPORAT ED MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY August 17, 2021 This meeting was conducted utilizing teleconferencing and electronic means consistent with State of California Executive Order N-29-20 dated March 17, 2020, regarding the COVID-19 pandemic. OPEN SESSION CALL TO ORDER The meeting was called to order at 3:02 p.m. by Mayor Sotelo-Solis. ROLL CALL Councilmembers present: Bush, Morrison, Rios, Rodriguez, Sotelo-Solis Administrative Officials present: Raulston, Winney, Bell, Chapel, Gilman PUBLIC COMMENTS None Members retired into Closed Session at 3:08 p. m. CLOSED SESSION 1. CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54957.6) Employee Organizations: Municipal Employees' Association (SEIU, Local 221), National City Firefighters Association (Local 2744), Police Officers Association (PGA) Unrepresented Groups: Executive, Confidential, and Management Agency Designated Representatives: Eddie Kreisberg (Labor Negotiator), Brad Raulston (City Manager), Tony Winney (Assistant City Manager), Molly Brennan (Administrative Services Director), Paul Valadez (Budget Manager - Finance), Lilia Munoz (Human Resources Manager) CLOSED SESSION REPORT PROVIDED AT END OF REGULAR MEETING Members returned from Closed Session at 5:57 p.m. with all members present. Page 1 of 2 68 of 550 City of National City - Special Meeting Minutes (Closed Session) August 17, 2021 ADJOURNMENT Mayor Sotelo-Solis adjourned the meeting to the Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City held Tuesday, August 17, 2021 at 6:00 p.m. via teleconference. The meeting adjourned at 5:57 p.m. Luz Molina, City Clerk The foregoing minutes were approved at the Regular Meeting of September 7, 2021. Alejandra Sotelo-Solis, Mayor Page 2 of 2 69 of 550 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 enter into a Revised/Amended Memorandum of Agreement with the County of San Diego by and through its Health and Human Services Agency (HHSA) Mobile Crisis Response Team (MCRT) for broad range of health and social services to community residents including trauma informed behavioral health services. (Police) Please scroll down to view the backup material. 70 of 550 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 7, 2021 AGENDA ITEM NO.: ITEM TITLE: Resolution of the City Council of the City of National city authorizing the Mayor to enter into a Revised/Amended Memorandum of Agreement with the County of San Diego by and through it s Health and Human Services Agency (HHSA) Mobile Crisis Response Team (MCRT) for broad range of health and social services to community residents including trauma informed behavioral health services. PREPARED BY: Jose Telfez, Chief PHONE: X4511 EXPLANATION: Refer to Staff Report FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION DEPARTMENT: Police APPROVED BY: APPROVED: FINANCE APPROVED: _ MIS FINAL ADOPTION STAFF RECOMMENDATION: Resolution of the City Council of the City of National city authorizing the Mayor to enter into a Revised/Amended Memorandum of Agreement with the Countyof San Diego byand through its Health ea th and Human Services Agency (HHSA) Mobile Crisis Response Team(r T . BOARD ! COMMISSION RECOMMENDATION: ATTACHMENTS: Staff Report HHSA MOA and Exhibit A 71 of 550 DATE: CALIFORNIA NATIONAL CI' i ,NCORPORATED NATIONAL CITY POLICE DEPARTMENT Staff Report September 7, 2021 AGENDA ITEM: Mobile Crisis Response Team (MCRT) MOA Background On June 1, 2021, the City Council reviewed a tentative agreement from the County of San Diego for the Health and Human Services Agency (HHSA) Mobile Crisis Response Team (MCRT). MCRT will provide a broad range of health and social services to the community including trauma -informed behavioral services. In order to continue to promote best practices, the National City Police Department and the City Manager's Office worked with HHSA to establish a Memorandum of Agreement to establish a Mobile Crisis Response Team (MCRT) in National City. MCRT will provide non -law enforcement behavioral health intervention services for individuals and connect them to the most appropriate level of health care. It is the first program of its kind in San Diego County in that MCRT will respond to certain mental health calls in place of police officers. When this program is in place, National City police dispatchers will dispatch MCRT to respond to mental health incidents, if it meets MCRT criteria. The goal of the MCRT program to redirect mental health calls to behavioral health clinicians, provide timely services to those in need, and re -direct calls away from a law enforcement, as most mental health calls are not criminal in nature. Memorandum of Agreement Review An updated / amended agreement is being submitted for approval. Listed below are the primary changes: • The County awarded the MCRT contract to Telecare Corp (Service Provider) • The Contractor(s) will respond to calls that have been screened utilizing the agreed upon referral criteria for urgent and emergency (not requiring National City to manage the call) calls via the Access and Crisis Line and/or participating law enforcement agencies in order for contractor (s) to provide mobile crisis interventions to individuals experiencing a behavioral health crisis and connect them to the most appropriate level of care. • Referral Criteria for MCRT Response: o No injuries to any person that would require medical response. 72 of 550 o No deadly weapons involved in the incident or known to be in the possession of the person in crisis. o The person is not suspected or involved in serious criminal activity related to this call, which would warrant immediate law enforcement action. o The involved person does not have a current felony warrant for their arrest or is not known to be wanted in connection with an ongoing law enforcement investigation. (Misdemeanor domestic violence or weapons warrants should also be deemed as law enforcement response) o No threat of immediate violence, reasonable potential for immediate violence, or use of violence against any person, including the person in crisis, MCRT members, or any other person. (this includes threats of immediate self-inflicted violence by the patient, such as a threat of a violent suicide) o Law enforcement not specifically requested • MCRT will consist of a Behavioral Health Clinician, Case Manager, and/or Peer Staff • The National City Police Department will refer appropriate calls and MCRT response operating within National City's jurisdiction with the identified county contractor in accordance with their defined roles and responsibilities for MCRT services, the agreed upon referral criteria for urgent and emergency (not requiring LEA response) calls, and all other program requirements. • Term: This MOA shall become effective on the date all parties have signed this MOA and be in force until it expires when the Multi -Jurisdictional MOA is effective or on 5/31/2026, whichever dates precedes the other. Staff Recommendation Adopt a resolution to authorize the Mayor to enter into a revised / amended Memorandum of Agreement with the County of San Diego for the Mobile Crisis Response Team Program (MCRT). Office of the Chief of Police 1200 National City Boulevard National City, CA 91950 (619) 336-4511/Fax (619) 336-4525 www.nationalcitypd.org 73 of 550 HHSA-G-1.9 Attachment A Agreement Template (2021) E HHSA W LIVE WEELGOL S MEMORANDUM OF AGREEMENT Parties This Memorandum of Agreement (MOA) is made on September 8, 2021 between the County of San Diego (County) by and through its Health and Human Services Agency (HHSA) and the City of National City ("City"), by and through its National City Police Department ("NCPD"). The parties to this MOA may be referred to herein collectively as the "parties" or individually as a "party". Recitals WHEREAS, HHSA provides a broad range of health, and social services to community residents including a broad array of trauma -informed behavioral health services based on Biopsychological and Rehabilitation (BPSR) principles that have proved effective in reducing psychiatric hospitalization and assisting individuals in accessing needed behavioral health services. The Mobile Crisis Response Team (MCRT) program is one such behavioral health program; and WHEREAS, NCPD provides a variety of community -based public safety and emergency management services, including receipt and processing of emergency calls and emergency dispatch, and engages with a broad array of partnerships with governmental and non -governmental organizations to meet the service expectations and needs of its community; and WHEREAS, MCRTs are designed to respond to urgent and emergency (non-911) calls in the community, provide a non -law enforcement intervention for individuals in a behavioral health crisis and to connect them to the most appropriate level of behavioral health care; and WHEREAS, MCRT services will be funded, provided, and coordinated by HHSA through a contracted service provider; and WHEREAS, NCPD will coordinate with MCRT contractor(s) to define their respective roles and responsibilities for MCRT services. The MCRT contractor(s) are paid by HHSA using County funds; and WHEREAS, the Parties desire to partner to provide MCRT services to individuals experiencing behavioral health crisis in the community. THEREFORE, in consideration of the foregoing recitals and the mutual covenants and promises set forth below, and for other good and valuable consideration, receipt of which is hereby acknowledged, the parties hereto agree as follows: 1. Administration of MOA: 1.1. Each party identifies the following individual to serve as the authorized administrative representative for that party. County HHSA Behavioral Health Services Administration Attn: Amelia Guingab 3255 Camino del Rio South San Diego, CA 92108 Amelia.Guingab©sdcounty.ca.gov National City Jose Tellez, Chief of Police National City Police Department 1200 National City Blvd. National City, CA 91941 jtellez©nationalcityca.gov MOA — Moblie Crisis Response Team HHSA and National City Police Dept. Page 1 Of 7 August 20 74 of 550 HHSA-G-1.9 Attachment A Agreement Template (2021) E HHSA LIVE WEELGOL S 1.2. Any party may change its administrative representative at any time by executing an agreement amendment. Any such change will become effective upon execution of the amendment. 2. Parties' Responsibilities: The Parties agree that each maintains its own existing lines of authority for activities and decisions that are distinctly its own. The Parties agree that neither will require nor demand operational modifications to activities that are rightfully the province of the other Party. The Parties also agree to the following: 2.1. County HHSA, Behavioral Health Services (BHS), intends to: 2.1.1. Engage and fund contractor(s) to operate an MCRT program in partnership with National City, consistent with program requirements. 2.1.2. Require contractor(s) to respond to calls that have been screened utilizing the agreed upon referral criteria for urgent and emergency (not requiring National City to manage the call) calls via the Access and Crisis Line and/or participating law enforcement agencies in order for contractor(s) to provide mobile crisis interventions to individuals experiencing a behavioral health crisis and connect them to the most appropriate level of care. 2.1.3. Each team will consist of a Behavioral Health Clinician, Case Manager and/or Peer staff. 2.1.4. Wherever deemed practicable by National City and allowable under the law, provide National City with requested de -identified data for reports related to MCRT and Behavioral Health calls and referrals. 2.2. National City intends to: 2.2.1. Refer appropriate calls and MCRT response operating within National City's jurisdiction with the identified county contractor in accordance with their defined roles and responsibilities for MCRT services, the agreed upon referral criteria for urgent and emergency (not requiring LEA response) calls, and all other program requirements. 2.2.2. Wherever deemed practicable by National City and allowable under the law, provide HHSA with requested data or reports related to MCRT and Behavioral Health calls and referrals 2.2.3. Collaborate with the County and contractor(s) on the development of law enforcement referral criteria for MCRT deployment. See Exhibit A attached to this MOA. 2.2.4. Utilize the agreed upon referral criteria developed by law enforcement in collaboration with the County for MCRT deployment consistent with other law enforcement jurisdictions. 3. Associated Contracts and Agreements: 3.1. County contract 564690 with Telecare Corp 4. Liability: 4.1. Each Party engaging in any assistance pursuant to this MOA agrees that each Party will assume responsibility for the acts, omissions, or conduct of its employees, officers or agents. Each Party shall immediately notify the other party of any civil, administrative, or criminal claim, complaint, discovery request, or other request for information of which the agency receives notice, concerning or arising from the partnership under this MOA. 5. Indemnity: 5.1. Claims Arising from Sole Acts or Omissions of a Party: Each party to this Agreement hereby agrees to defend and indemnify the other parties to this Agreement, their agents, officers and employees, from any claim, action or proceeding against the other parties, arising solely out of MOA — Moblie Crisis Response Team HHSA and National City Police Dept. Page 2 of August 20 75 of 550 HHSA-G-1.9 Attachment A Agreement Template (2021) IHHSA LIVE WELL SAN DIEGO its own acts or omissions in the performance of this Agreement. 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 Agreement. The parties shall notify each other promptly of any claim, action or proceeding and cooperate fully in the defense. 5.2. 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, the 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 5.3 below. 5.3. Joint Defense and Reimbursement and Reallocation: Notwithstanding paragraph 5.2 above, in cases where the parties agree in writing to a joint defense, the 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. The parties agree to share the costs of such joint defense and any agreed settlement in equal amounts, except as follows: parties further agree that no party may bind another to a settlement agreement without the written consent of all parties. Where a trial verdict or arbitration award, in a joint defense case, allocates or determines the comparative fault of the parties, parties may seek reimbursement and/or reallocation of defense costs, judgments and awards, consistent with such comparative fault. 6. Indepdent Contractor: 6.1. Both Parties hereto in the performance of this MOA will be acting in an independent capacity and not as agents, employees, partners, or joint ventures with one another. Neither the HHSA nor the HHSA's employees are employees of the City or NCPD, and are not entitled to any of the rights, benefits, or privileges of the City's or NCPD's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. Neither the City or NCPD nor the City's or NCPD's employees are employees of the HHSA, and are not entitled to any of the rights, benefits, or privileges of the HHSA's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. 7. Insurance: National City shall obtain at its own cost and expense, and keep in force and effect during the term of this MOA, including all extensions, policies of insurance or programs of self- insurance with policy limits in sufficient amounts to cover any and all potential liability of National City hereunder. Minimum policy limits maintained by National City shall in no way limit the Party's indemnification obligations to the County. 8. Conformance with Rules and Regulations: All parties shall be in conformity with all applicable federal, State, County, and local laws, rules, and regulations, current and hereinafter enacted, including facility and professional licensing and/or certification laws and keep in effect any and all licenses, permits, notices, and certificates as are required. All parties shall further comply with all laws applicable to wages and hours of employment, occupational safety, and to fire safety, health, and sanitation. 9. Permits and Licenses: The Parties certify that they possess and shall continue to maintain or shall cause to be obtained and maintained, at no cost to the other party, all approvals, permissions, permits, licenses, and other forms of documentation required for it and its employees to comply with all existing foreign or domestic statutes, ordinances, and regulations, or other laws, that may be applicable to performance of services hereunder. Each party reserves the right to reasonably request and review all such applications, permits, and licenses prior to the commencement of any services hereunder. MOA — Moblie Crisis Response Team Page 3 August 2If' 7 HHSA and National City Police Dept. 6 of 550 HHSA-G-1.9 Attachment A Agreement Template (2021) ILHHSA oirg hal LIVE WELL SAN DIEGO 10. Governing Law: This MOA shall be governed, interpreted, construed, and enforced in accordance with the laws of the State of California. 11. Information Privacy and Security Provisions: Each Party to this MOA will comply with all applicable statutes, regulations, rules, and/or policies and procedures pertaining to privacy and security including but not limited to Welfare and Institutions Code Section 5328, Civil Code Section 56.10 et seq. and the Health Insurance Portability and Accountability Act (HIPAA). 12. Third Party Beneficiaries Excluded: This MOA is intended solely for the benefit of County and National City. Any benefit to any third party is incidental and does not confer on any third party to this MOA any rights whatsoever regarding the performance of this MOA. Any attempt to enforce provisions of this MOA by third parties is specifically prohibited. 13. Amendments to MOA: Any party may propose amendments to this MOA by providing written notice of such amendments to the other party. This MOA may only be amended by a written amendment signed by all parties. 14. Severability: If any terms or provisions of this MOA or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable, the remainder of this MOA, 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 MOA shall be valid and enforced to the maximum extent permitted by law. 15. Full Agreement: This MOA represents the full and entire MOA between the parties and supersedes any prior written or oral agreements that may have existed. 16. Scope of Agreement: This MOA 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 MOA. 17. Live Well San Diego Vision: The County of San Diego, Health and Human Service Agency (HHSA), supports the Live Well San Diego vision of Building Better Health, Living Safely, and Thriving. Live Well San Diego, developed by the County of San Diego, is a comprehensive, innovative regional vision that combines the efforts of partners inside and outside County government to help all residents be healthy, safe, and thriving. All HHSA partners and contractors, to the extent feasible, are expected to advance this vision. Building Better Health focuses on improving the health of residents and supporting healthy choices. Living Safely seeks to ensure residents are protected from crime and abuse, neighborhoods are safe, and communities are resilient to disasters and emergencies. Thriving focuses on promoting a region in which residents can enjoy the highest quality of life. Information about the Live Well San Diego can be found on the County's website and a website dedicated to the vision: • http://www.sdcounty.ca.gov/hhsa/programs/sd/live well san diego/index.html • http://www.LiveWeIISD.orq 18. A Trauma -Informed System: The County of San Diego Health and Human Services Agency (HHSA) is committed to becoming a Trauma -Informed System as part of its effort to build a better service delivery system. All programs operated and supported by HHSA shall be part of a Trauma - Informed System, which includes providing trauma -informed services and maintaining a trauma - informed workforce. It is an approach for engaging individuals — staff, clients, partners, and the community — and recognizing that trauma and chronic stress influence coping strategies and MOA — Moblie Crisis Response Team Page 4 August 2 lc 7 7 HHSA and National City Police Dept. 7 of 550 HHSA-G-1.9 Attachment A Agreement Template (2021) E HHSA LIVE WELL SAN DIEGO behavior. Trauma -informed systems and services minimize the risk of re -traumatizing individuals and/or families, and promote safety, self -care, and resiliency. Trauma -Informed Principles include: • Understanding trauma and its impact to individuals. • Promoting safety. • Awareness of cultural, historical, disability, and gender issues, and ensuring competence and responsiveness. • Supporting consumer empowerment, control, choice, and independence. • Sharing power and governance (e.g. including clients and staff at all levels in the development and review of policies and procedures). • Demonstrating trustworthiness and transparency. • Integrating services along the continuum of care. • Believing that establishing safe, authentic, and positive relationships can be healing. • Understanding that wellness is possible for everyone. 19 Term: This MOA shall become effective on the date all parties have signed this MOA and be in force until it expires when the Multi -Jurisdictional MOA is effective or on 5/31/2026, whichever date precedes the other. This MOA may be renewed for a term specified by the parties upon the written agreement of the parties. 20. Termination for Convenience: Either Party may terminate their participation in this MOU upon delivery of written notice to the other Participating Agency. Termination will become effective thirty (30) days from receipt of such notice. 21. Counterparts: This MOA 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 MOA — Moblie Crisis Response Team HHSA and National City Police Dept. Page 5 of August 20 78 of 550 HHSA-G-1.9 Attachment A Agreement Template (2021) E HHSA LIVE WELL SAN DIEGO County of San Diego Dated: By: NICK MACCHIONE, FACHE Agency Director Health and Human Services Agency City of National City Dated: By: ALEJANDRA SOTELO-SOLIS Mayor MOA — Moblie Crisis Response Team HHSA and National City Police Dept. Page 6 of August 20 79 of 550 HHSA-G-1.9 Attachment A Agreement Template (2021) voliSA LIVE WELL SAN DIEGO Exhibit A: Mobile Crisis Response Team (MCRT) Law Enforcement Referral Criteria • No injuries to any person that would require a medical response. • No deadly weapons involved in the incident or known to be in the possession of the person in crisis. • The person is not suspected or involved in serious criminal activity related to this call, which would warrant immediate law enforcement action. • The involved person does not have a current felony warrant for their arrest or is not known to be wanted in connection with an ongoing law enforcement investigation. (Misdemeanor domestic violence or weapons warrants should also be deemed as law enforcement response) • No threat of immediate violence, reasonable potential for immediate violence, or use of violence against any person, including the person in crisis, MCRT members, or any other person. (This includes threats of immediate self-inflicted violence by the patient, such as a threat of a violent suicide) • Law enforcement not specifically requested. MOA — Moblie Crisis Response Team HHSA and National City Police Dept. Page 7 of August 20 80 of 550 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the acceptance of annual grant funds & the establishment of an appropriation and corresponding revenue budget for the Regional Realignment Response Group (R3) based upon a Memorandum of Agreement signed by the Chief of Police pursuant to Council Resolution 2020-129 between the National City Police Department, the County of San Diego (San Diego Sheriff's Department and Probation Department) and municipal law enforcement agencies throughout the County for support of R3G Operations in the amount of $67,000. (Police) Please scroll down to view the backup material. 81 of 550 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 7, 2021 AGENDA ITEM NO. ITEM TITLE: ,Resolution of the City Council of the City of National City authorizing the acceptance of annual grant funds & the establishment of an appropriation and corresponding revenue budget for the Regional Realignment Response Group (R3) based upon a Memorandum of Agreement signed by the Chief of Police pursuant to Council Resolution 2020-129 between the National City Police Department, the County of San Diego (San Diego Sheriffs Department and Probation Department) and municipal law enforcement agencies throughout the County for support of R3G Operations in the amount of $67,000. PREPARED BY: [Wade Walters, Sergeant] PHONE: IExt. 4544 EXPLANATION: (Refer to Attachment.) DEPARTMENT: Police APPROVED BY: FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: Revenue. 290-11647-3463 (Other State Grants) $67,000 Expense: 290-411-647-1* (Personnel) $67,000 No net financial impact. Revenues off -set expenses. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Resolution of the City Council of the City of National City authorizing the acceptance of annual grant funds & the establishment of an appropriation and corresponding revenue budget for the Regional Realignment Response Group (R3) BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Staff Report MOU tf2 of 550 \ 1 1 / / , CALIFORNIA . NA'!'I O NAtfL CITY 11T COAPORATF.D ,4 NATIONAL CITY POLICE DEPARTMENT Polio STAFF REPORT DATE: September 7, 2021 SUBJECT: Resolution of the City Council of the City of National City authorizing the acceptance of annual grant funds & the establishment of an appropriation and corresponding revenue budget for the Regional Realignment Response Group (R3) based upon a Memorandum of Agreement signed by the Chief of Police pursuant to Council Resolution 2020-129 between the National City Police Department, the County of San Diego (San Diego Sheriff's Department and Probation Department) and municipal law enforcement agencies throughout the County for support of R3 Operations in the amount of $67,000. BACKGROUND The National City Council passed a resolution on August 6, 2019 (Resolution No. 2019-109) authorizing the Chief of Police to enter into a Memorandum of Agreement with the County of San Diego (San Diego Sheriff's Department and Probation Department) and municipal law enforcement agencies throughout the County for program support of the Regional Realignment Response Group (R3). The National City Police Department was allocated and received grant funds in the amount of $65,000 in 2019. CURRENT PROPOSAL The current request for Council is to authorize the department to accept the annual grant funds to continue to support operations described in the Memorandum of Agreement that is in effect from July 1, 2017 through June 30, 2022 with the County of San Diego (San Diego Sheriff's Department and Probation Department) for the Regional Realignment Group. As part of this agreement, the National City Police Department will continue to receive grant funding in an amount to be determined but estimated at $67,000. NATIONAL CITY POLICE DEPARTMENT GRANT RESPONSIBILITIES As part of the R3 commitment, the National City Police Department will work with regional law enforcement partners to include the Regional Law Enforcement Coordination Center (LECC), to compile information on every realigned offender from jail or prison. This information will be utilized to assist the National City Police Department and other law enforcement agencies to monitor the most serious, high risk felons in the community. 1200 National City Boulevard National City, CA 91950 (619) 336-4512/Fax (619) 336-4525 83 of 550 _1�ALIFORNIA� NATIONAL_ CITI re e INCORPORATED R3 partners to include the National City Police Department, will incorporate multifaceted enforcement measures including, but not limited to, compliance sweeps, and directed enforcement of prolific offenders and arrest those who are committing new crimes. The National City Police Department will conduct R3 operations on an overtime basis. IMPACT None. No net financial impact. Revenue off -set expenses. 1200 National City Boulevard National City, CA 91950 (619) 336-4512/Fax (619) 336-4525 84 of 550 AGREEMENT FOR THE REGIONAL REALIGNMENT RESPONSE (R3) PROGRAM 1. PARTIES TO THE AGREEMENT This Agreement is between the COUNTY OF SAN DIEGO ("COUNTY"), the CITY OF CARLSBAD, the CITY OF CHULA VISTA, the CITY OF CORONADO, the CITY OF EL CAJON, the CITY OF ESCONDIDO, the CITY OF LA MESA, the CITY OF NATIONAL CITY, the CITY OF OCEANSIDE, the CITY OF SAN DIEGO (collectively the "CITIES"), collectively the "PARTIES", for program support of the Regional Realignment Response ("R3"). 1.1 Party Departments or Agencies Participating in the Agreement 1.1.1 For the COUNTY, participating agencies are the Sheriffs Department ("SHERIFF") and the Probation Department ("PROBATION"). 1.1.2 For the CITIES, participating agencies are their respective police departments. The services and obligations of PARTIES and their participating agencies are set forth herein. 2. RECITALS 2.1 WHEREAS, in April 2011, Governor Edmund G. Brown, Jr. signed Assembly Bill (AB) 109 to help California stop the costly, ineffective, and unsafe revolving door of lower -level offenders and parole violators cycling in and out of state prisons. This legislation gives local law enforcement the right and the ability to manage offenders in smarter and cost-effective ways; and 2.2 WHEREAS, in December 2013, COUNTY through SHERIFF implemented the Regional Realignment Response (R3) program in response to the passage of AB 109 and received funds from the State of California Local Revenue Fund 2011, Community Corrections Subaccount and continues to receive funds annually to continue the R3 program; and 2.3 WHEREAS, in March 2014, PARTIES executed the Agreement for the 2013 Regional Realignment Response (R3) for the initial term of December 31, 2013 through December 31, 2014; and 2.4 WHEREAS, in January 2015, PARTIES executed Amendment No.1 where Paragraph 3.1 provides that "(t)he term of this Agreement shall be December 31, 2013 and shall continue in effect through and terminate at midnight on December 31, 2015 subject to the termination provision in sections 3.2..."; and 1 85 of 550 2.5 WHEREAS, in May 2015, PARTIES executed Amendment No. 2 to increase each CITY'S allocation for personnel overtime; and 2.6 WHEREAS, in August 2015, PARTIES executed Amendment No. 3 to extend the Agreement from December 31, 2015 to June 30, 2016; and 2.7 WHEREAS, in October 2016, PARTIES executed the Agreement for the 2016 Regional Realignment Response (R3) for the initial term of July 1, 2016 through December 31, 2017; and 2.8 WHEREAS, in June 2016, the COUNTY and the CITY OF EL CAJON executed Amendment No. 4 to increase the CITY'S allocation for personnel overtime; and 2.9 WHEREAS, funds shall be used to support the R3 program and its primary goal of public safety by developing and implementing a targeted, proactive, intelligence -based approach to control and counteract the risks associated with realigned offenders (which include those sentenced pursuant to California Penal Codes 1170(h)(5)(A) PC and 1170(h)(5)(8) PC and Post Release Community Supervision Offenders) released into San Diego County. 2.10 WHEREAS, Government Code §55632 authorizes COUNTY through SHERIFF and PARTIES, to contract with SHERIFF for provision of joint law enforcement services. 2.10.1 WHEREAS, COUNTY has requested PARTIES assistance in performing R3 operations and will reimburse PARTIES for overtime -only expenses incurred collectively by PARTIES in R3 program operations not to exceed $1,000,000 during the term of the Agreement. 2.11 WHEREAS, PARTIES desire to enter into an agreement with provisions concerning the nature and extent of R3 collaboration, services rendered, and compensation. 2.12 WHEREAS, COUNTY, by action of the Board of Supervisors Minute Order No. 3 dated June 28, 2016, approved and authorized the SHERIFF to enter into expenditure contracts related to the R3 program and to reimburse overtime expenses incurred collectively by PARTIES performing R3 program Operations in fiscal year 2016 and subsequent years. 2.13 PARTIES agree to maintain documentation as required in paragraph 7.3 Method of Payment, supporting all expenditures reimbursed from R3 program funds, for a period of five years, with five years beginning the day after the end of the project period, e.g., if the end of the project period is June 30, 2018, five years begins July 1, 2018 and ends June 30, 2023. 2 86 of 550 NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, PARTIES jointly intend that COUNTY through SHERIFF will reimburse, and PARTIES will provide, a level of R3 services, as set forth in this Agreement. 3. PURPOSE AND INTENT The purpose of this Agreement is to satisfy the R3's goal of ensuring public safety in the post AB 109 environment by the continued development and implementation of a targeted, proactive, intelligence -based approach to control and counteract the risks associated with a population of offenders placed under the responsibility of the county. 4. SCOPE OF SERVICES 4.1 Method of Service Delivery SHERIFF will maintain the R3 program funding and will be administratively responsible for coordination of PARTIES' obligations and reimbursement to PARTIES' under this Agreement. 4.2 Overview of Basic Services PARTIES will provide R3 operations ("Operations") in their designated areas of jurisdiction and/or in coordination with other R3 PARTIES in order to counteract the risks associated with realigned offenders released into San Diego County. 4.2.1 Framework of Operations The Regional Realignment Response Group (R3G), consisting of designated coordinators from each PARTY, as outlined in paragraph 6.2.3, will oversee R3 Operations and will meet every six (6) months to discuss and plan Operations. 4.2.2 Regional Sub -Group Regional Sub -Groups (RSGs) are created for the Northern, Central, and Southern areas of the County. The RSGs are responsible for planning and coordinating allied or regional Operations involving two or more PARTIES. The RSGs are composed of the following: NORTHERN: A police lieutenant from the cities of Escondido, Carlsbad, and Oceanside, a lieutenant from SHERIFF, and a supervising probation officer from PROBATION. CENTRAL: A police lieutenant from the cities of San Diego, El Cajon, and La Mesa, a lieutenant from SHERIFF, and a supervising probation officer from PROBATION. SOUTHERN: A police lieutenant from the cities of San Diego, National City, and Chula Vista, a lieutenant from SHERIFF, a commander from the city of Coronado, and a supervising probation officer from PROBATION. # 3 87 of 550 5. TERM OF AGREEMENT 5.1 Initial Term This Agreement shall be effective July 1, 2017 and shall continue in effect through and terminate at midnight on June 30, 2022, or until terminated pursuant to sections 5.2, subject to availability of funds, and 5.3 below. 5.2 Option to Extend COUNTY shall have the option to renew this Agreement for successive one year increments beyond June 30, 2022. Renewal or extension of the Agreement beyond June 30, 2022 shall be subject to available funding. 5.3 Termination Subject to the applicable provisions of state law, each PARTY may terminate its participation in this Agreement upon ninety (90) days minimum written notice to the other PARTIES. Lack of funding may also result in termination of this agreement pursuant to section 10.13. 6. STANDARDS OF SERVICE: OBLIGATIONS OF THE PARTIES 6.1 Anticipated Outcome The anticipated outcome of the R3 Operations, provided by PARTIES under this Agreement, is increased law enforcement presence in each respective PARTY's designated area of jurisdiction in order to counteract the risks associated with realigned offenders released into San Diego County. The anticipated outcome will be reached by achieving the goals and accomplishing the missions set forth below by the PARTIES. 6.1.1 PARTIES will provide enhanced enforcement by increasing patrol presence in areas where realigned offenders reside, jurisdictions where they are released, and areas they are known to frequent. This patrol presence will include 4th waiver searches, probation compliance checks, directed patrol, and coordinated multi -agency sweeps. In addition, PARTIES will utilize their unique investigatory areas of expertise in Operations. 6.1.2 Increase intelligence/information sharing among PARTIES, including but not limited to the following activities: (a) Utilize Criminal Intelligence Analysts, dedicated to the R3 program, located at the San Diego Law Enforcement Coordination Center (SD-LECC). The SD-LECC will serve as the centralized clearinghouse for information and documentation of realigned offender post -release packets. (b) Conduct meetings every six (6) months with a minimum of one (1) representative from each PARTY. (c) Increase information sharing during Operations. 4 88 of 550 6.1.3 Prior to R3 Operations, an Operations Plan must be approved by the R3designated coordinators. The Operations Plan shall be submitted by the operations coordinator via email to R3@sdsheriff.org at least seventy-two (72) hours prior to the Operation. 6.1.4 At the conclusion of each R3 Operation, participating PARTY shall complete a Daily Activity Report (DAR). The DAR will be submitted to the PARTY'S designated coordinator. 6.1.5 The designated coordinator shall email the following to R3@sdsheriff.org: (a) A completed OVERALL Operation Statistics form (b) All completed DAR forms received from personnel (c) A completed Operation Roster which includes all personnel assigned to the Operation and sign in and sign out times. 6.2 Personnel Qualifications and Assignment 6.2.1 Qualifications Each PARTY shall ensure that personnel assigned to perform Operations pursuant to this Agreement meet the minimum qualification for their specific classification. 6.2.2 Management, Direction and Supervision The hiring, firing, management, direction, and supervision of each PARTY's personnel, the standards of performance, the discipline of each PARTY'S personnel, and all other matters incident to the performance of such services, shall be performed by and be the responsibility of each PARTY in each PARTY's sole but reasonable judgment and in accord with the provisions of applicable labor agreements. Each PARTY shall be the appointing authority for all its personnel provided to the R3 program by this Agreement. PARTIES shall have no liability for any direct payment of salary, wages, indemnity, or other compensation or benefit to any other PARTY's personnel engaged in performing this Agreement. 6.2.3 Designated Coordinators SHERIFF shall select and designate a coordinator who shall manage and direct the R3 program. Each other PARTY shall select and designate a coordinator under this Agreement. The designated coordinators for each PARTY shall represent their agency on the R3 outlined in Section 4.2, perform the activities outlined in Section 6.1.5 and implement, as needed, appropriate procedures governing the performance of all requirements under this Agreement and shall be responsible for meeting and conferring in good faith in order to address any disputes which may arise concerning implementation of this Agreement. 5 89 of 550 6.2.4 Staffing for Basic Services PARTIES shall ensure that adequate numbers of their qualified respective personnel are provided to R3 program Operations at all times during the term of this Agreement to meet the Basic Services, Scope of Services, and Standards of Service commitments set forth herein. 6.2.5 Equipment and Supplies Each PARTY will supply its own personnel with all supplies and/or prescribed safety gear, body armor, and/or standard issue equipment necessary to perform R3 program Operations under this agreement. 7. COST OF SERVICES/CONSIDERATION 7.1 General As full consideration for the satisfactory performance and completion by PARTIES of Operations set forth in this Agreement, COUNTY through SHERIFF shall reimburse PARTIES for personnel assigned to perform R3 program Operations on the basis of claims and submittals as set forth hereunder. Such payments by COUNTY through SHERIFF are dependent on the continued availability of funds from the State of California Local Revenue Fund, Community Corrections Subaccount. 7.2 Personnel Costs/Rate of Compensation During the term of this Agreement, COUNTY through SHERIFF shall reimburse PARTIES for overtime worked by personnel assigned to perform R3 program Operations based upon available funding and the actual costs incurred by PARTIES to provide Operations under this Agreement. 7.3 Method of Payment PARTIES shall submit correct and complete reimbursement forms, labor reports, and timesheets, as documentation that represents amounts due under this Agreement to SHERIFF no later than the final business day of the subsequent month from the month being claimed. All requests for reimbursement shall be sent to: San Diego County Sheriff s Department 0-41 Grants Unit (R3) P. O. Box 939062 San Diego, CA 92193-9062 7.3.1 Reimbursement forms, labor reports, and timesheets must have the signature of PARTY's designated coordinator or his or her designee, certifying that the invoice, labor reports, and timesheets are true and correct. 7.3.2 PARTIES shall provide payroll records for every person whose costs are reimbursable under this Agreement, to include, at a minimum, the person's name, classification, duty position, task, regular hourly rate, overtime -hourly rate, overtime hours worked, date overtime worked, and fringe benefit rate and cost. PARTIES shall make available to SHERIFF for inspection, upon request, 6 90 of 550 all payroll records and any other records that relate to the Basic Services provided under this Agreement. 7.3.3 Within sixty (60) business days upon receipt of valid invoice and complete documentation, SHERIFF will reimburse PARTIES for the Basic Services agreed to. 7.3.4 Each PARTY is responsible for tracking the claims submitted by their agency to ensure their total claim does not exceed the allocation for their agency. 8. INDEMNIFICATION - WORKERS COMPENSATION, EMPLOYMENT AND CLAIMS AND LIABILITY ISSUES 8.1 The COUNTY shall fully indemnify and hold harmless non -County PARTIES and their respective officers, employees, and agents, from any claims, losses, fines, expenses (including attorneys' fees and court costs and/or arbitration costs), costs, damages or liabilities arising from or related to (1) any workers' compensation claim or demand or other workers' compensation proceeding arising from or related to, or claimed to arise from or relate to, employment which is brought by an employee of the COUNTY or any contract labor provider retained by the COUNTY, or (2) any claim, demand, suit, or other proceeding arising from or related to, or claimed to arise from or relate to, the status of employment (including without limitation, compensation, demotion, promotion, discipline, termination, hiring, work assignment, transfer, disability, leave or other such matters) which is brought by an employee of the COUNTY or any contract labor provider retained by the COUNTY. 8.2 Each non -County PARTY shall fully indemnify and hold harmless the COUNTY, its officers, employees, and agents, from any claims, losses, fines, expenses (including attorneys' fees and court costs or arbitration costs), costs, damages or liabilities arising from or related to (1) any workers' compensation claim or demand or other workers' compensation proceeding arising from or related to, or claimed to arise from or relate to, employment which is brought by an employee of that respective agency or any contract labor provider retained by that respective agency, or (2) any claim, demand, suit, or other proceeding arising from or related to, or claimed to arise from or relate to, the status of employment (including without limitation, compensation, demotion, promotion, discipline, termination, hiring, work assignment, transfer, disability, leave or other such matters) which is brought by an employee of that respective agency or any contract labor provider retained by that respective agency. 8.3 Each non -County PARTY shall fully indemnify and hold harmless the other non - County PARTIES, its officers, employees, and agents, from any claims, losses, fines, expenses (including attorneys' fees and court costs or arbitration costs), costs, damages or liabilities arising from or related to (1) any workers' compensation claim or demand or other workers' compensation proceeding arising from or related to, or claimed to arise from or relate to, employment which is brought by an employee of that respective agency or any contract labor provider retained by non -County party, or (2) any claim, 7 91 of 550 demand, suit, or other proceeding arising from or related to, or claimed to arise from or relate to, the status of employment (including without limitation, compensation, demotion, promotion, discipline, termination, hiring, work assignment, transfer, disability, leave or other such matters) which is brought by an employee of that respective law enforcement agency or any contract labor provider retained by the law enforcement agency. 9. INDEMNIFICATION RELATED TO ACTS OR OMISSIONS; NEGLIGENCE 9.1 Claims Arising From Sole Acts or Omissions of a PARTY Each PARTY to this Agreement hereby agrees to defend and indemnify the other PARTIES to this Agreement, 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 Agreement. 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 Agreement. PARTIES shall notify each other promptly of any claim, action, or proceeding and cooperate fully in the defense. 9.2 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 9.4 below. 9.3 Joint Defense Notwithstanding paragraph 9.2 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 in equal amounts, except as provided in section 9.4 below. PARTIES further agree that no PARTY may bind the others to a settlement agreement without the written consent of the others. 9.4 Reimbursement and/or Reallocation Where a trial verdict or arbitration award allocates or determines the comparative fault of the parties, PARTIES may seek reimbursement and/or reallocation of defense costs, settlement payments, judgments and awards, consistent with such comparative fault. 10. GENERAL PROVISIONS 10.1 Independent Contractor Status 10.1.1 In the performance of services under this Agreement, COUNTY and CITIES acknowledge and agree that COUNTY and its respective officers, agents and/or employees shall be deemed independent contractors and not officers, 8 92 of 550 agents or employees of CITIES; CITIES and their respective officers, agents and/or employees shall be deemed independent contractors and not officers, agents or employees of COUNTY. All such personnel provided by COUNTY under this Agreement are under the direct and exclusive supervision, daily direction, and control of COUNTY and COUNTY assumes full responsibility for the actions of such personnel in the performance of services hereunder; all such personnel provided by CITIES under this Agreement are under the direct and exclusive supervision, daily direction, and control of their respective agencies and each agency assumes full responsibility for the actions of such personnel in the performance of services hereunder. 10.1.2 COUNTY and CITIES acknowledge and agree that COUNTY does not control the manner and means of performing the work of CITIES' officers, agents or employees who perform R3 program Operations, nor does COUNTY have the right to hire or fire such officers, agents or employees. CITIES do not control the manner and means of performing the work of COUNTY officers, agents or employees who perform R3 program Operations, nor do CITIES have the right to hire or fire such officers, agents or employees. 10.1.3 COUNTY has no authority of any kind to bind CITIES, and CITIES have no authority to bind COUNTY in any respect whatsoever, nor shall COUNTY act or attempt to act, or represent itself directly or by implication as an agent of CITIES, or in any manner assume or create or attempt to assume or create any obligation on behalf of or in the name of CITIES. CITIES shall not act or attempt to act, or represent themselves directly or by implication as an agent of COUNTY, or in any manner assume or create or attempt to assume or create any obligation on behalf of or in the name of COUNTY. 10.2 Notices Any notice, request, demand, or other communication required or permitted hereunder shall be in writing and may be personally delivered or given as of the date of mailing by depositing such notice in the United States mail, first-class postage prepaid and addressed as follows or, to such other place as each party may designate by subsequent written notice to each other: To COUNTY and SHERIFF: Sheriff San Diego County Sheriff s Department P. O. Box 939062 San Diego, CA 92193 # Chief Probation Officer Probation Department 9444 Balboa Avenue, Ste. 500 San Diego, CA 92123 9 93 of 550 To non -County PARTIES: Chief of Police Carlsbad Police Department 2560 Orion Way Carlsbad, CA 92010 Chief of Police Coronado Police Department 700 Orange Avenue Coronado, CA 92118 Chief of Police Escondido Police Department 1163 North Centre City Parkway Escondido, CA 92026 Chief of Police National City Department 1200 National City Boulevard National City, CA 91950 Chief of Police San Diego Police Department 1401 Broadway San Diego, CA 92101 Chief of Police Chula Vista Police Department 315 Fourth Avenue Chula Vista, CA 91910 Chief of Police El Cajon Police Department 100 Civic Center Way El Cajon, CA 92020 Chief of Police La Mesa Police Department 8085 University Avenue La Mesa, CA 91942 Chief of Police Oceanside Police Department 3855 Mission Avenue Oceanside, CA 92058 A notice shall be effective on the date of personal delivery if personally delivered before 5:00p.m. on a business day or otherwise on the first business day following personal delivery; or two (2) business days following the date the notice is postmarked, if mailed; or on the first business day following delivery to the applicable overnight courier, if sent by overnight courier for next business day delivery and otherwise when actually received. 10.3 Amendment This Agreement may be modified or amended only by a written document signed by the COUNTY through SHERIFF and the affected PARTY or PARTIES, and no oral understanding or agreement shall be binding on any PARTY or PARTIES. 10.4 Entire Agreement This Agreement constitutes the complete and exclusive statement of agreement between the COUNTY and non -County PARTIES with respect to the subject matter hereto. As such, all prior written and oral understandings are superseded in total by this Agreement. # # 10 94 of 550 10.5 Construction This Agreement will be deemed to have been made and shall be construed, interpreted, governed, and enforced pursuant to and in accordance with the laws of the State of California. The headings and captions used in this Agreement are for convenience and ease of reference only and shall not be used to construe, interpret, expand, or limit the terms of the Agreement and shall not be construed against any one PARTY. 10.6 Waiver A waiver by COUNTY or non -County PARTIES of a breach of any of the covenants to be performed by COUNTY or non -County PARTIES shall not be construed as a waiver of any succeeding breach of the same or other covenants, agreements, restrictions, or conditions of this Agreement. In addition, the failure of any party to insist upon strict compliance with any provision of this Agreement shall not be considered a waiver of any right to do so, whether for that breach or any subsequent breach. The acceptance by COUNTY or non -County PARTIES of either performance or payment shall not be considered a waiver of PARTY's preceding breach of this Agreement. 10.7 Authority to Enter Agreement COUNTY and non -County PARTIES have all requisite power and authority to conduct their respective business and to execute, deliver, and perform the Agreement. Each PARTY warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective PARTY. 10.8 Cooperation COUNTY through SHERIFF and non -County PARTIES will cooperate in good faith to implement this Agreement. 10.9 Counterparts This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. COUNTY through SHERIFF will provide each non -County PARTY with a copy of this Agreement once fully executed. 10.10 Severability This Agreement is subject to all applicable laws and regulations. If any provision of this Agreement is found by any Court or other legal authority, or is agreed upon by the PARTIES, to be in conflict with any law or regulation, then the conflicting provision shall be considered null and void. If the effect of nullifying any conflicting provision is such that a material benefit of this Agreement to any PARTY is lost, then the Agreement may be terminated at the option of the affected PARTY, with the notice as required in this Agreement. In all other cases, the remainder of this Agreement shall be severable and shall continue in full force and effect. 11 95 of 550 10.11 Representation Each PARTIES' Chief, or their respective designee, shall represent their agency in all discussions pertaining to this Agreement. SHERIFF, or his or her designee, shall represent SHERIFF in all discussions pertaining to this Agreement. 10.12 Dispute Resolution Concerning Services and Payment In the event of any dispute concerning services and payment arising from this Agreement, the SHERIFF, or his or her designee, and PARTIES' Chief of Police, or his or her respective designee, will meet and confer within ten (10) business days after receiving notice of the dispute to resolve the dispute. 10.13 Termination of Funding In the event that funding for reimbursement of costs related to R3 program Operations is terminated, this Agreement in its entirety shall be considered null and void and PARTIES shall no longer be required to provide R3 program Operations as described herein. In such event, COUNTY through SHERIFF shall notify all PARTIES in writing and all PARTIES shall meet immediately, and if agreed upon by the PARTIES, mutually develop and implement within a reasonable time frame, a transition plan for the provision of R3 program Operations through alternate means. 10.14 Obligation This Agreement shall be binding upon the successors of the PARTIES. 10.15 California Law This Agreement is executed and delivered within the State of California and the rights and obligations of the PARTIES hereto shall be construed and enforced in accordance with, and governed by the laws of the State of California. IN WITNESS WHEREOF, the PARTIES hereto approve and agree to the terms of this, Agreement, such Agreement being effective July 1, 2017 and executed on this day of AP' 1 -t L , 2018. COUNTY OF SAN DIEGO SHERIFF'S�'IF�DEPARTMENT William D. Gore Sheriff CARLSBAD POLICE DEPARTMENT ATTACHED Neil Gallucci Chief COUNTY OF SAN DIEGO PROBATION DEPARTMENT A:7e Adolfo Gonzales Chief CHULA VISTA POLICE DEPARTMENT ATTACHED Roxana Kennedy Chief 12 96 of 550 10.11 Representation Each PARTIES' Chief, or their respective designee, shall represent their agency in all discussions pertaining to this Agreement. SHERIFF, or his or her designee, shall represent SHERIFF in all discussions pertaining to this Agreement. 10.12 Dispute Resolution Concerning Services and Payment In the event of any dispute concerning services and payment arising from this Agreement, the SHERIFF, or his or her designee, and PARTIES' Chief of Police, or his or her respective designee, will meet and confer within ten (10) business days after receiving notice of the dispute to resolve the dispute. 10.13 Termination of Funding In the event that funding for reimbursement of costs related to R3 program Operations is terminated, this Agreement in its entirety shall be considered null and void and PARTIES shall no longer be required to provide R3 program Operations as described herein. In such event, COUNTY through SHERIFF shall notify all PARTIES in writing and all PARTIES shall meet immediately, and if agreed upon by the PARTIES, mutually develop and implement within a reasonable time frame, a transition plan for the provision of R3 program Operations through alternate means. 10.14 Obligation This Agreement shall be binding upon the successors of the PARTIES. 10.15 California Law This Agreement is executed and delivered within the State of California and the rights and obligations of the PARTIES hereto shall be construed and enforced in accordance with, and governed by the laws of the State of California. IN WITNESS WHEREOF, the PARTIES hereto approve and agree to the terms of this Agreement, such Agreement being effective July 1, 2017 and executed on this day of /6-1) P-11 , 2018. COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO SHERIFF'S DEPARTMENT PROBATION DEPARTMENT ATTACHED ATTACHED William D. Gore Adolfo Gonzales Sheriff Chief CARLSBAD POLICE DEPARTMENT CHULA VISTA POLICE DEPARTMENT ATTACHED Neil Gallucci Roxana Kennedy Chief Chief 12 97 of 550 10.11 Representation Each PARTIES' Chief, or their respective designee, shall represent their agency in all discussions pertaining to this Agreement. SHERIFF, or his or her designee, shall represent SI 1ERIFF in all discussions pertaining to this Agreement. 10.12 Dispute Resolution Concerning Services and Payment In the event of any dispute concerning services and payment arising from this Agreement, the SHERIFF, or his or her designee, and PARTIES' Chief of Police, or his or her respective designee, will meet and confer within ten (10) business days after receiving notice of the dispute to resolve the dispute. 10.13 Termination of Funding In the event that funding for reimbursement of costs related to R3 program Operations is terminated, this Agreement in its entirety shall be considered null and void and PARTIES shall no longer be required to provide R3 program Operations as described herein. In such event, COUNTY through SHERIFF shall notify all PARTIES in writing and all PARTIES shall meet immediately, and if agreed upon by the PARRIES, mutually develop and implement within a reasonable time frame, a transition plan for the provision of R3 program Operations through alternate means. 10.14 Obligation This Agreement shall be binding upon the successors of the PARTIES. 10.15 California Law This Agreement is executed and delivered within the State of California and the rights and obligations of the PARTIES hereto shall be construed and enforced in accordance with, and governed by the laws of the State of California. IN WITNESS WHEREOF, the PARTIES hereto approve and agree to the terms of this Agreement, such Agreement being effective July 1, 2017 and executed on this _21 4 day of . -p'W L.- , 2018. COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO SHERIFF'S DEPARTMENT PROBATION DEPARTMENT ATTACHED ATTACHED William D. Gore Adolfo Gonzales Sheriff Chief CARLSBAD POLICE DEPARTMENT CH VISTA POLICE DEPARTMENT . ATTACHED Neil Gallucci Ro an Kennedy Chief Chief 12 98 of 550 ORONADO POLICE DEPARTMENT CITY OF EL CAJON Jon Froomin Chief ATTACHED Douglas Williford City Manager ESCONDIDO POLICE DEPARTMENT LA MESA POLICE DEPARTMENT ATTACHED ATTACHED Craig Carter Walt Vasquez Chief Chief NATIONAL CITY POLICE DEPARTMENT OCEANSIDE POLICE DEPARTMENT ATTACHED ATTACHED Manuel Rodriguez Chief Frank McCoy Chief SAN DIEGO POLICE DEPARTMENT CITY OF SAN DIEGO ATTACHED ATTACHED David Nisieit Chief Approved as to form and legality: SAN DIEGO COUNTY COUNSEL Kevin Faulconer (or designee) Mayor Approved as to form: MARA W. ELLIOTT, SAN DIEGO CITY ATTORNEY ATTACHED ATTACHED Mark Day Senior Deputy By Deputy City Attorney 13 99 of 550 CORONADO POLICE DEPARTMENT CITY OF EL CAJOIS ATTACHED Jon Froomin Chief Douglas Williford City Manager ESCONDIDO POLICE DEPARTMENT LA MESA POLICE DEPARTMENT ATTACHED Craig Carter Chief ATTACHED Walt Vasquez Chief NATIONAL CITY POLICE DEPARTMENT OCEANSIDE POLICE DEPARTMENT ATTACHED ATTACHED Manuel Rodriguez Frank McCoy Chief Chief SAN DIEGO POLICE DEPARTMENT CITY OF SAN DIEGO ATTACHED ATTACHED David Nisleit Chief Approved as to form and legality: SAN DIEGO COUNTY COUNSEL Kevin Faulconer (or designee) Mayor Approved as to form: MARA W. ELLIOTT, SAN DIEGO CITY ATTORNEY ATTACHED ATTACHED Mark Day Senior Deputy Paige E. Folkman Chief Deputy City Attorney 13 100 of 550 CORONADO POLICE DEPARTMENT CITY OF EL CAJON ATTACHED ATTACHED Jon Froomin Chief Douglas Williford City Manager ESCON L $ 0 P I = DEPARTMENT LA MESA POLICE DEPARTMENT ATTACHED Craig Carte ' Walt Vasquez Chief Chief NATIONAL CITY POLICE DEPARTMENT OCEANSIDE POLICE DEPARTMENT ATTACHED ATTACHED Manuel Rodriguez Chief Frank McCoy Chief SAN DIEGO POLICE DEPARTMENT CITY OF SAN DIEGO ATTACHED David Nisleit Chief Approved as to form and legality: SAN DIEGO COUNTY COUNSEL ATTACHED Kevin Faulconer (or designee) Mayor Approved as to form: MARA W. ELLIOTT, SAN DIEGO CITY ATTORNEY ATTACHED ATTACHED Mark Day Senior Deputy By Deputy City Attorney 13 101 of 550 CORONADO POLICE DEPARTMENT CITY OF EL CAJON ATTACHED ATTACHED Jon Froomin Chief Douglas Williford City Manager ESCONDIDO POLICE DEPARTMENT LA MESA POLICE DEPARTMENT ATTACHED Craig Carter Walt Vasquez Chief Chief NATIONAL CITY POLICE DEPARTMENT OCEANSIDE POLICE DEPARTMENT ATTACHED ATTACHED Manuel Rodriguez Chief Frank McCoy Chief SAN DIEGO POLICE DEPARTMENT CITY OF SAN DIEGO ATTACHED ATTACHED David Nisleit Chief Approved as to form and legality: SAN DIEGO COUNTY COUNSEL Kevin Faulconer (or designee) Mayor Approved as to form: MARA W. ELLIOTT, SAN DIEGO CITY ATTORNEY ATTACHED ATTACHED Mark Day Senior Deputy By Deputy City Attorney 13 102 of 550 CORONADO POLICE DEPARTMENT CITY OF EL CAJON ATTACHED ATTACHED Jon Froomin Chief Douglas Williford City Manager ESCONDIDO POLICE DEPARTMENT LA MESA POLICE DEPARTMENT ATTACHED ATTACHED Craig Carter Walt Vasquez Chief Chief NATIONAL CITY J OLICE DEPARTMENT OCEANSIDE POLICE DEPARTMENT Manuel Ro riguez Chief ATTACHED Frank McCoy Chief SAN DIEGO POLICE DEPARTMENT CITY OF SAN DIEGO ATTACHED ATTACHED David Nisleit Chief Approved as to form and legality: SAN DIEGO COUNTY COUNSEL Kevin Faulconer (or designee) Mayor Approved as to form: MARA W. ELLIOTT, SAN DIEGO CITY ATTORNEY ATTACHED ATTACHED Mark Day Senior Deputy Paige E. Folkman Chief Deputy City Attorney 13 103 of 550 CORONADO POLICE DEPARTMENT CITY OF EL CAJON ATTACHED ATTACHED Jon Froomin Chief Douglas Williford City Manager ESCONDIDO POLICE DEPARTMENT LA MESA POLICE DEPARTMENT ATTACHED ATTACHED Craig Carter Walt Vasquez Chief Chief NATIONAL CITY POLICE DEPARTMENT OCEANSIDE POLICE DEPARTMENT ATTACHED Manuel Rodriguez Chief �---_- -- S ---.--".."---- 4 N Frank McCoy Chief SAN DIEGO POLICE DEPARTMENT CITY OF SAN DIEGO ATTACHED ATTACHED David Nisleit Chief Approved as to form and legality: SAN DIEGO COUNTY COUNSEL Kevin Faulconer (or designee) Mayor Approved as to form: MARA W. ELLIOTT, SAN DIEGO CITY ATTORNEY ATTACHED ATTACHED Mark Day Senior Deputy By Deputy City Attorney 13 104 of 550 CORONADO POLICE DEPARTMENT CITY OF EL CAJON Jon Froomin Chief Douglas Williford City Manager ESCONDIDO POLICE DEPARTMENT LA MESA POLICE DEPARTMENT Craig Carter Chief Walt Vasquez Chief NATIONAL CITY POLICE DEPARTMENT OCEANSIDE POLICE DEPARTMENT Manuel Rodriguez Chief SAN DIEGO POLICE DEPARTMENT Frank McCoy Chief CITY OF SAN DIEGO David Nisleit e in auc. n - r (or designee) Chief Mayor Approved as to form and legality: SAN DIEGO COUNTY COUNSEL Mark Day Senior Deputy Approved as to form: MARA W. ELLIOTT, SAN DIEGO CITY ATTORNEY By Deputy City Attorney 13 105 of 550 CORONADO POLICE DEPARTMENT CITY OF EL CAJON ATTACHED ATTACHED Jon Froomin Chief Douglas Williford City Manager ESCONDIDO POLICE DEPARTMENT LA MESA POLICE DEPARTMENT ATTACHED ATTACHED Craig Carter Walt Vasquez Chief Chief NATIONAL CITY POLICE DEPARTMENT OCEANSIDE POLICE DEPARTMENT ATTACHED ATTACHED Manuel Rodriguez Frank McCoy Chief Chief SAN DIEGO POLICE DEPARTMENT CITY OF SAN DIEGO ATTACHED ATTACHED David Nisleit Chief Approved as to form and legality: SAN DIEGO COUNTY COUNSEL KA"li/Zip$ Mark Day Senior Deputy Kevin Faulconer (or designee) Mayor Approved as to form: MARA W. ELLIOTT, SAN DIEGO CITY ATTORNEY ATTACHED By Deputy City Attorney 13 106 of 550 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 Highland Pacifica, LLC, for the development of 16 units located at 2428 Highland Avenue 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. 107 of 550 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 7, 2021 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City approving an Affordable Housing Density Bonus Acreement with Highland Pacifica, LLC, for the development of 16 units located at 2428 Highland Avenue and restricting the rent and occupancy of two 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: 19-33 - -2 6 EXPLANATION: Highland Pacifica LLC (Developer) wants to develop their property located at 2428 Highland Avenue. Current zoning allows for the construction of 12 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 16 units on the property. The Affordable Density Housing Bonus Agreement ("Agreement") will serve to memorialize the Developer's obligation to provide the two (2) 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 additional information on the Density Bonus Law. DEPARTMENT: T: Housing Authority APPROVED BY: 50% _Area edian Income Limits for National City effective April 1 2021 Feely Size 1 7 3 4 5 6f8 S42 45O S48,500 S54,550 $60,600 o .450 S70,300 $5. 50 ,O0O FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED` MIS No Fiscal Impact — This report is informational only, there is no fiscal impact associated with the report. ENVIRONMENTAL REVIEW: 1`IEW The infill development project, including the density bonus incentives provided, is categorically exempt from CEQA review pursuant to Class 3 Section 15332. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution. BOARD 1 COMMISSION ION RECOMMENDATION: NifA ATTACHMENTS 1. Background Report and Site Plan 2. Affordable Housing Density Bonus Agreement 3. Performance Deed of Trust 4. Resolution 108 of 550 Attachment No. 1 BACKGROUND REPORT California's Density Bonus Law is a mechanism that 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. Page 1 of 2 109 of 550 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). Developer incentives are; eliminate requirement for common open space, reduce parking ratio from 0.5 spaces per bedroom to 0.5 spaces per dwelling unit, and reduce parking width for parking spaces adjacent to a wall structure from 11' to 9.5'. The site plans for the apartment project at 2428 Highland Boulevard start on the following page. 110 of 550 Page 2 of 2 VIEW FROM HIGHLAND AVE DRAWING INDEX G001 TITLE SHEET 11542-D(1 OF 3) COVER/GRADING NOTES 11542-D(2 OF 3) SEWER NOTES 11542-D(3 OF 3) GRADING 11542-D(4 OF 3) EROSION CONTROL L1 LANDSCAPE LEGEND AND NOTES L2 LANDSCAPE SITE PLAN A001 GENERAL NOTES & BUILDING CODE ANALYSIS A002 SPECIFICATIONS A003 SPECIFICATIONS A004 SPECIFICATIONS A005 SPECIFICATIONS A100 SITE PLAN A101 PARTIAL FIRST FLOOR PLAN A102 PARTIAL FIRST FLOOR PLAN A103 PARTIAL SECOND FLOOR PLAN A104 PARTIAL SECOND FLOOR PLAN A105 PARTIAL THIRD FLOOR PLAN A106 PARTIAL THIRD FLOOR PLAN A107 PARTIAL ROOF PLAN A108 PARTIAL ROOF PLAN A109 EGRESS FLOOR PLANS A111 FIRST FLOOR REFLECTED CEILING PLAN A112 SECOND FLOOR REFLECTED CEILING PLAN A113 THIRD FLOOR REFLECTED CEILING PLAN A200 EXTERIOR ELEVATIONS A201 EXTERIOR ELEVATIONS A202 EXTERIOR ELEVATIONS A203 EXTERIOR ELEVATIONS A300 BUILDING SECTIONS A301 BUILDING SECTIONS A302 BUILDING SECTIONS A400 STAIR PLANS A401 INT. ELEVATIONS A500 WALL TYPES A501 RAILING & STAIR DETAILS A502 WINDOW & DOOR DETAILS A503 DETAILS A504 DETAILS A505 DETAILS A506 DETAILS A600 SCHEDULES DRAWING INDEX S1 STRUCTURAL GENERAL NOTES S1.1 SPECIAL INSPECTION REQUIREMENTS S2 FOUNDATION PLAN S3 LOWER FLOOR FRAMING PLAN S4 UPPER FLOOR FRAMING PLAN S5 ROOF FRAMING PLAN S6 STRUCTURAL DETAILS S7 STRUCTURAL DETAILS S8 STRUCTURAL DETAILS S9 STRUCTURAL DETAILS 810 STRUCTURAL DETAILS S11 STRUCTURAL DETAILS S12 STRUCTURAL DETAILS SS1 STANDARD STRUCTURAL DETAILS SS2 STANDARD STRUCTURAL DETAILS WSWI STRONG WALL DETAILS WSW2 STRONG WALL DETAILS M1.0 MECHANICAL COVER SHEET MI.1 MECHANICAL SCHEDULES M1.2 MECHANICAL SCHEDULES M2.0 MECHANICAL FIRST & SECOND FLOOR PLAN M2.1 MECHANICAL THIRD & ROOF PLAN M3.0 MECHANICAL DETAILS M3.1 MECHANICAL DETAILS M4.1 MECHANICAL TITLE 24 M4.2 MECHANICAL TITLE 24 M4.3 MECHANICAL TITLE 24 DRAWING INDEX E0.1 ELECTRICAL SYMBOLS & ABBREVIATIONS E2.1 ELECTRICAL FIRST & SECOND FLOOR PLAN E2.2 ELECTRICAL THIRD & ROOF PLAN E2.3 ELECTRICAL UNIT PLANS E2.4 ELECTRICAL UNIT PLANS E3.1 SINGLE LINE DIAGRAM AND CALCULATIONS E4.1 ELECTRICAL DETAILS E5.1 INDOOR TILE 24 E5.2 RESIDENTIAL TITLE 24 E6.1 ELECTRICAL SPECIFICATIONS PO.1 PLUMBING LEGEND, SCHEDULES AND GENERAL NOTES PO.2 PLUMBING SCHEDULES PO.3 PLUMBING SPECIFICATIONS P1.0 PLUMBING SITE PLAN P2.1 PLUMBING FIRST & SECOND FLOOR WASTE AND VENT PLAN P2.2 PLUMBING THIRD & ROOF WASTE AND VENT PLAN P2.3 PLUMBING FIRST & SECOND FLOOR WATER PLAN P2.4 PLUMBING THIRD FLOOR WATER PLAN P3.1 PLUMBING OVERALL PLAN P3.2 PLUMBING ENLARGED UNIT PLANS P3.3 PLUMBING ENLARGED UNIT PLANS P4.1 PLUMBING DETAILS P5.1 PLUMBING RISER DIAGRAMS P5.2 PLUMBING RISER DIAGRAMS P5.3 PLUMBING RISER DIAGRAMS P5.4 PLUMBING RISER DIAGRAMS P5.5 PLUMBING RISER DIAGRAMS AREA CALCULATIONS FLOOR AREA CALCULATION 1ST FLOOR RESIDENTIAL PARKING MISC. (LOBBY, STAIRS, OFFICE) UTILITIES / TRASH ROOM TOTAL 2ND FLOOR RESIDENTIAL 3RD FLOOR RESIDENTIAL TOTAL FLOOR AREA MAX ALLOWED (2.5 FAR FOR SINGLE USE) EXTERIOR AREA CALCULATIONS 1ST FLOOR HARDSCAPE / LANDSCAPE 546 SF 4,941 SF 923 SF 154 6,564 SF 5,259 SF 5,041 SF 16,864 SF 18,201.97 SF 659 SF 2ND FLOOR DECKS & EXT. CORRIDORS 1,132 SF 3RD FLOOR DECKS & EXT. CORRIDORS 710 SF DEFERRED SUBMITTALS 1. AUTOMATIC FIRE SPRINKLER SYSTEM 2. FIRE ALARM SYSTEM 3. TRUSSES DEFERRED SUBMITTAL NOTE: SUBMITTAL DOCUMENTS FOR DEFERRED SUBMITTAL ITEMS SHALL BE SUBMITTED TO THE REGISTERED DESIGN PROFESSIONAL IN RESPONSIBLE CHARGE, WHO SHALL REVIEW THEM AND FORWARD THEM TO THE BUILDING OFFICIAL WITH A NOTATION INDICATING THE DEFERRED SUBMITTAL DOCUMENTS HAVE BEEN REVIEWED AND THAT THEY HAVE BEEN FOUND TO BE IN GENERAL CONFORMANCE WITH THE DESIGN OF THE BUILDING. THE DEFERRED SUBMITTAL ITEMS SHALL NOT BE INSTALLED UNTIL THEIR DESIGN AND SUBMITTAL DOCUMENTS HAVE BEEN APPROVED BY THE BUILDING OFFICIAL. DEVELOPER INCENTIVES THIS PROJECT INCLUDES DEVELOPMENT INCENTIVES GRANTED IN ACCORDANCE WITH GOVERNMENT CODE 65915 1. ELIMINATE REQUIREMENT FOR COMMON OPEN SPACE 2. REDUCE PARKING RATIO FROM 0.5 SPACE PER BEDROOM TO 0.5 SPACE PER DWELLING UNIT 3. REDUCE PARKING WIDTH FOR PARKING SPACE ADJACENT TO A WALL STRUCTURE FROM 11' TO 9.5'. VICINITY MAP ^o PROJECT TEAM PROPERTY OWNER ARCHITECT STRUCTURAL ENGINEER MEP ENGINEER CIVIL ENGINEER GEOTECHNICAL ENGINEER LANDSCAPE ARCHITECT ACOUSTICAL CONSULTANT CONTRACTOR: AHMADIAN INVESTMENT GROUP, LLC ALEX AHMADIAN 3525 DEL MAR HEIGHTS RD STE 274 SAN DIEGO CA 92130 858.736.6218 ALEXAH MAD IAN@GMAT L.COM CLAD INC. COLIN LOWRY, AIA 4766 32ND ST SAN DIEGO, CA 92116 619 800 8105 COLIN@CLADINC.US SOLID PLAN ENGINEERING SEAN KESSEL, PE 3919 30TH ST SAN DIEGO, CA 92104 858.848.7734 SEAN@SOLIDPLANENG.COM NAZARENE ENGINEERING JOHN B. BACHOUA, PE 2514 JAMACHA RD. SUITE 502-183 EL CAJON, CA 92109 619.333.6703 JOH N@NAZE N G I N E E R I NG.0 O M KAPPA SURVEYING AND ENGINEERING, INC BILL DICK, PE LS 8707 LA MESA BLVD LA MESA, CA 91941 619.465.8948 BILLD@KAPPAINC.COM SOIL TESTERS CHIN C CHEN, RPE PO BOX 1195 LAKESIDE, CA 92040 619.443.0060 SIMON LANDSCAPE ARCHITECTURE KYLE SIMON, PLA 619.370.1080 KSIMON@SIMONLANDSCAPEARCH ITECTU RE.COM DBF ASSOCIATES, INC. STEVEN FIEDLER, PRINCIPAL 3129 TIGER COURT, SUITE 202 CARLSBAD, CA 92010 619.609.072 SFI EDLER@DBF-ASSOC IATES.COM SYMBOLIC BUILDERS ALEX AHMADIAN 3525 DEL MAR HEIGHTS RD STE 274 SAN DIEGO CA 92130 858.736.6218 ALEXAH MAD IAN@GMAT L.COM PROJECT INFO ADDRESS 2428 HIGHLAND AVE NATIONAL CITY, CA 91950 ASSESSOR'S PARCEL NUMBER 562-072-03-00 LEGAL DESCRIPTION SITE AREA PROJECT DESCRIPTION ZONING CLASSIFICATION CONSTRUCTION TYPE OCCUPANCY DWELLING UNITS PARKING SPRINKLERS DENSITY BONUS MAX HEIGHT: MAX FAR: COMMON OPEN SPACE: PRIVATE OPEN SPACE PORTION OF LOTS 15-20, ALL IN BLOCK 4 OF FLORA M. KIMBALL'S SUBDIVISION OF THE EAST HALF OF 10 ACRE LOT 16 OF QUARTER SECTION 152, RANCHO DE LA NACION IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 44, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, PER DOC #2018-0326562 7,280.79 SF (0.167 ACRES) THE SCOPE OF WORK INCLUDES THE NEW CONSTRUCTION OF 3-STORY BUILDING CONSISTING OF : 16 MULTIFAMILY DWELLING UNITS (TYPE 5B, R2) LOBBY / STAIRS / OFFICE (TYPE 5B, R2) COVERED PARKING (TYPE 5B, S2) UTILITY / TRASH ROOM (TYPE 5B, U) MXC-2 TYPE 5B R-2 (APARTMENTS ); S2 (PARKING GARAGE) ALLOWED: 75 DU/A (0.166 A X 75 = 12.45 = 12 DU'S + 35% DENSITY BONUS = 16.2 = 17 DU'S =17 MAX DU'S ALLOWED PROVIDED: 16 TOTAL DWELLING UNITS REQUIRED: 0.5 PER DU X 18 = 8 = 8 TOTAL PARKING SPACES (PER INCENTIVES #2) PROVIDED: 9 COVERED PARKING SPACES NFPA 13 10,846 SF 923 SF 4,941 SF 154 SF TWO ( 16.7%) UNITS WILL BE RESERVED FOR VERY LOW INCOME HOUSEHOLD IN RETURN FOR A 35% DENSITY BONUS AND 3 INCENTIVES REQUIRED: 65' MAX PROVIDED: 31'-01/2" REQUIRED: 2.5 MAX (SINGLE USE) PROVIDED 16,864 SF / 7,280.79 SF LOT AREA = 2.32 REQUIRED 300 SF x 17 DU'S = 5,100 SF PROVIDED : 0 ( PER INCENTIVES #1) REQUIRED : 60 SF PER DU PROVIDED :60 SF (SEE FLOOR PLANS) CLAD Inc. 4766 32nd Street, San Diego, CA 92116 619.800.8105 Architect: ��sto icy% COLIN LOWRY A * C-35202 * N REN. 12.31.21 .- 2428 HIGHLAND 2428 Highland Ave, National City, CA 91950 Project Number: 1801 Revision: No: Date: Notes: Date: 11.04.2020 TITLE SHEET G001 / 111 of 550 06 0 0 1 1 /8" = 1'-0" 65.0' EG L �L— r L _L--J 06 101 L MIN DISTANCE OF PROJ. FROM PL - 24"+8" PER 1' OF FSD BEYOND 3' PER CBC TABLE 705.2 REQUIRED: 24" +8" x (5.83-3) = 24" + 22.64"= 46.64" = 3'-10 5/8" MIN DISTANCE FROM PL PROVIDED: 4'-0" (COMPLIES) 64.3' EG SITE PLAN 07 1 UP r 07 145.69' PROPOSED 3 STORY BUILDING 07 MIN DISTANCE OF PROJ. FROM PL = 24" + 8" PER 1' OF FSD BEYOND 3' PER CBC TABLE 705.2 REQUIRED: 24" +8" x (5.7-3) = 24" + 21.5"= 45.5" = 3'-9 1/2" MIN DISTANCE FROM PL PROVIDED: 3'-10" (COMPLIES) 06 145.68' 07 L 06 06 J L T\ 0 J 99 I\ 06 r 2' 8' CURB TO PL 0 06 r L am(— _ o 0 3'-0" 0 11 40'-0" 64.63' TC PL TO CL Nx 85 86 86 48 02 PE v 63.91' TC 87 63.61' TC 62.85' TC 0 ‘53 2 (19 40'-0" PL TO CL 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 50.00' PROPERTY LINE SW WM GM SETBACK LINE OUTLINE OF ROOF OR BALCONY ABOVE OUTLINE OF FLOOR ABOVE CENTERLINE OF PUBLIC ROAD EXISTING SEWER MAIN EXISTING WATER MAIN EXISTING GAS MAIN 01 FOi 1. 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 PER LANDSCAPING PLANS 02 SIDEWALK PER CIVIL PLANS 03 RAISED FLOW THROUGH PLANTER WITH CORTEN STEEL WALLS 04 6'H FENCE ON CONCRETE CURB PER CIVIL PLANS 05 BACKFLOW PREVENTER PER CIVIL PLANS 06 OUTLINE OF FLOOR ABOVE 07 OUTLINE OF DECK ABOVE 08 GROUND FLOOR PRIVATE PATIO 09 CONCRETE WALKWAY (4'-1" MIN, WIDTH) 10 EXISTING FIRE HYDRANT, DISTANCE TO SITE 153' 11 3' WIDE ENTRY GATE, LOCKING SYSTEM PER OWNER 12 GAS METERS PER PLUMBING PLANS 26 EXISTING CURB CUT TO BE REMOVED 27 EXISTING OVERHEAD POWER LINES 31 STEEL STAIR, PAINTED 38 FLORENCE MAILBOX, 4C15D-18-BK 47 BACKFLOW PREVENTER FOR FIRE SERVICE AND FIRE DEPARTMENT CONNECTION 48 PROPOSED DRIVEWAY AND CURB CUT PER CIVIL PLANS 84 SDGE TRANSFORMER AND CONC. PAD 85 EXISTING TELECOM PEDESTAL TO REMAIN 86 EXISTING TELECOM BOX TO BE LOWERED FLUSH WITH DRIVEWAY 87 WATER METER PER CIVIL PLANS 99 EXISTING 4' HIGH CONC. BLOCK WALL PER SURVEY, TO REMAIN 100 EXISTING 8' HIGH CONC. BLOCK WALL PER SURVEY, TO REMAIN 101 EXISTING 10' HIGH CONC. BLOCK WALL PER SURVEY, TO REMAIN CLAD Inc. 4766 32nd Street, San Diego, CA 92116 619.800.8105 Architect: 2428 HIGHLAND 2428 Highland Ave, National City, CA 91950 Project Number: 1801 Revision: No: Date: Notes: Date: 11.04.2020 SITE PLAN A100 / 112 of 550 Attachment No. 2 WHEN RECORDED MAIL TO: National City Housing Authority Attention: Executive Director 1243 National City Boulevard National City, CA 91950 No Fees per Government Code 6103 1 RECORDING REQUESTED BY: 1 National City Housing Authority 1 ] ] ] AFFORDABLE HOUSING DENSITY BONUS AGREEMENT (2428 Highland Avenue) THIS AFFORDABLE HOUSING DENSITY BONUS AGREEMENT ("Agreement") is dated as of the 31 day of August , 2021, by and between the City of National City ("City"), and Highland Pacifica LLC, a California limited liability company ("Developer"). WHEREAS, Developer is the owner of that certain real property generally located at 2428 Highland Avenue, 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 twelve (12) housing units on the Property; and WHEREAS, Developer proposes to develop a total of sixteen (16) 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, one (1) studio unit and one (1) one bedroom unit, ("Affordable Unit") to very low-income households in exchange for a density bonus ("Density Bonus") which will allow the construction of the sixteen (16) 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 Unit, the time frame for the construction and occupancy of the Affordable Unit and the restriction of the Affordable Unit 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. 1 113 of 550 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) units, one (1) studio and one (1) one bedroom, residential dwelling units on the Property shall be rented and occupied as the Affordable Unit as set forth in this Agreement. As used herein the term "Affordable Unit" 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, the 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 the 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 the Affordable Unit shall be equal to the number of bedrooms in the unit plus one. For example, the rent for the two -bedroom Affordable Unit shall be calculated using fifty percent (50%) of the Area Median Income for a 3- person household. 4. Restrictions. The following restrictions shall also be applicable to the Affordable Unit: (a) No Relationship With Developer. The Affordable Unit shall not 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 2 114 of 550 Attachment No. 2 or shareholders of Developer or in any entity having an ownership in Developer or in the Property. (b) No Full -Time Students. The Affordable Unit shall not 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), the Affordable Unit shall not 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. The Affordable Unit shall not be occupied or leased to any person or any household comprised of one or more persons who own real property. (e) Liquid Asset Limitation. The Affordable Unit shall not 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 the 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 the Affordable Unit to a household eligible hereunder shall constitute a material default under this Agreement. 3 115 of 550 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. The Affordable Unit shall not 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 the 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 one (1) Affordable Unit 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 Unit 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 Unit shall be corrected by Developer at Developer's expense within thirty (30) days of the identification of such deficiency by the City 4 116 of 550 Attachment No. 2 and delivery of written notice of the same to Developer. Failure to maintain the unit(s) and the Property in compliance with this section shall constitute a breach of this Agreement and subject the Developer to damages as set forth in Section 13 of this Agreement. 9. Interpretation and Construction. If any provision of this Agreement or the application thereof to any person or circumstance is found to be invalid, the remainder of the provisions of this Agreement and the application of such provisions to persons or circumstances, other than those as to which it is found to be invalid, shall not be affected thereby. Nothing contained herein shall be deemed compliance with or waiver of any provision of law or conditions of approval except as expressly stated herein. 10. Design, Construction and Occupancy Schedule for the Affordable Unit. The Affordable Unit 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 Unit. 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. 5 117 of 550 Attachment No. 2 (a) Standing; Equitable Remedies; Remedies Cumulative. Developer expressly agrees and declares that the City shall be the proper party to, and shall have standing to, initiate and pursue any and all actions or proceedings, at law or in equity, to enforce the provisions hereof and/or to recover damages for any event that is expressly stated to be a material default hereunder and which event remains uncured following sixty (60) days' written notice to Developer from the City (or up 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 Unit, at the sole option of the City, the City shall be entitled to the following remedies at law to the extent they are not duplicative, the election of which shall not be required and may be revoked and/or modified until immediately prior to entry of judgment: (1) Damages For Specific Breach. The City shall be entitled to recover compensatory damages, at its sole option in the event of a material uncured default under the terms of this Agreement. If the material uncured default in question involves the violation of Section 13(b) above, the amount of such compensatory damages shall be the product of multiplying (A) the number of months that the material uncured default in question has continued until the time of trial or cure, whichever occurs first, by (B) the result of subtracting (i) the rents properly chargeable hereunder for the Affordable Unit (ii) the rents actually collected by Developer for the 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 6 118 of 550 Attachment No. 2 Developer's cure period for the material uncured breach in question at the rate of ten percent (10%) per annum or the maximum rate then allowed by law, whichever is less. Nothing in this section shall preclude the award of exemplary damages as allowed by law. (2) Acceleration and Liquidation of Future Performance. At the sole option of the City, if any material default by Developer in the performance of its obligations under this 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 a rental unit equivalent to the Affordable Unit, (ii) procuring such unit (through purchase, lease or subsidies) at the rent discounts contemplated herein, (iii) performing the substantial administrative activities associated with replacing the Affordable Unit, and (iv) inflation. Therefore, Developer and the City agree that, in the event of a material default hereunder by Developer that remains uncured as aforesaid, and upon written notice from the City to Developer that the City has elected to exercise its option to accelerate and liquidate Developer's performance hereunder in accordance with the provisions of this Section 13(b)(2), Developer shall pay, and the City shall be entitled to receive, within thirty (30) days of the City's delivery of such written notice, in complete liquidation of the City's future monetary damages and Developer's future obligations under this Agreement, a lump sum payment equal to: (A) the aggregate of the mathematical differences between the monthly rent for a "Comparable Market Rate Unit" (as determined by the City, using statistical data for units of the same size and location at the time of the breach) and the monthly rent allowable hereunder for the Affordable Unit, 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. 7 119 of 550 Attachment No. 2 (a) Waiver. No provision of this Agreement, or breach of any provision, can be waived except in writing. The waiver by any party of any breach or violation of any term, covenant or condition of this Agreement or of any provisions, ordinance or law, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance or law or any subsequent breach or violation of the same or of any other term, covenant, condition, ordinance or law. (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 Highland Pacifica LLC 3525 Del Mar Heights Rd #274 San Diego CA 92130 8 120 of 550 Attachment No. 2 (h) Exhibits and Recitals Incorporated. All exhibits referred to in this Agreement are hereby incorporated in this Agreement by this reference, regardless of whether or not the exhibits are actually attached to this Agreement. The Recitals to this Agreement are hereby incorporated in this Agreement by this reference. (i) Further Assurances. If Developer does not receive all of the necessary permits and approvals to construct the Project, Developer and the City agree that this Agreement and the density bonus granted herein shall be null and void and of no further force and effect and Developer and the City agree to take all reasonable steps and to execute and cause to be recorded all 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: DEVELOPER: Highland Pacifica LLC, a California limited liability company By: Alex Ahmadian 9 121 of 550 Attachment No. 2 ACKNOWLED GMENT 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) 10 122 of 550 Attachment No. 2 ACKNOWLED GMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego ) ) ) On , 2021, before me, , notary public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 11 123 of 550 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 50 FEET OF THE SOUTHERLY 110 FEET OF THE EASTERLY 20 FEET OF LOT 15, AND THE NORTHERLY 50 FEET OF THE SOUTHERLY 110 FEET OF LOTS 16, 17, 18, 19 AND 20, ALL IN BLOCK 4 OF FLORA M. KIMBALL'S SUBDIVISION OF THE EAST HALF OF 10 ACRE LOT 16 OF QUARTER SECTION 152, RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 44, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. APN: 562-072-03-00 12 124 of 550 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 (2428 Highland Avenue) THIS DEED OF TRUST is dated as of the 31 day of August , 2021, between Highland Pacifica LLC , a California limited liability company ("Trustor"), whose address is 3525 Del Mar Heights Rd #274 San Diego CA 92130, Ticor Title ("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. 1 125 of 550 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. 2 126 of 550 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. 3 127 of 550 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 4 128 of 550 Attachment No. 3 (whether or not considered recoverable "costs" under applicable statute) incurred in such litigation. 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 5 129 of 550 Attachment No. 3 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, 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 6 130 of 550 Attachment No. 3 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 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: Highland Pacifica LLC, a California limited liability company By: Alex Ahmadian 7 131 of 550 Attachment No. 3 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document, State of California County of San Diego On , 2021, before me, , notary public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 8 132 of 550 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 50 FEET OF THE SOUTHERLY 110 FEET OF THE EASTERLY 20 FEET OF LOT 15, AND THE NORTHERLY 50 FEET OF THE SOUTHERLY 110 FEET OF LOTS 16, 17, 18, 19 AND 20, ALL IN BLOCK 4 OF FLORA M. KIMBALL'S SUBDIVISION OF THE EAST HALF OF 10 ACRE LOT 16 OF QUARTER SECTION 152, RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 44, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. APN: 562-072-03-00 9 133 of 550 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the establishment of a General Fund appropriation of $73,802 and use of General Fund balance in FY22 for operation of Las Palmas Pool during FY21. (Library and Community Services) Please scroll down to view the backup material. 134 of 550 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 7, 2021 AGENDA ITEM NO.: ITEM TITLE: Resolution of the City Council of the City of National City authorizing the establishment of a General Fund appropriation of $73,802 and use of General Fund fund balance in FY22 for operation of Las Palmas Pool during FY21. PREPARED BY: Audrey Denham PHONE:619-336-443 EXPLANATION: See staff report. DEPARTMENT: Library APPROVED BY: munity Services FINANCIAL STATEMENT: APPROVED: FINANCE ACCOUNT NO. APPROVED: MIS 001-441-03- 99-0000 (Contract Services) - $73,802 Adoption of the resolution will result in the use of General Fund unassigned fund balance of $73,802. ENVIRONMENTAL REVIEW: No CEQA Exemption - This action is not subject to review under the California environmental Quality Act (CEQA). ORDINANCE: INTRODUCTION FINAL ADOPTION STAFF RECOMMENDATION: Adopt a resolution amending the Fiscal Year 2022 Community Services Department budget by appropriating funds in the amount of $73,802 for expenditures associated with the operation of the Las Palmas Pool. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Staff Report 2. Resolution 135 of 550 / .IIA •= T .L CORPORAT City Council Staff Report September 7, 2021 ITEM Resolution of the City Council of the Cite of ational City authorizing the establishment of a General Fund appropriation of $73.8O2 and use of General Fund fund balance in F,Y22 for operation of Las Palmas Pool during FY21. BACKGROUND In -November 2015, the City entered into a Service Agreement with EXOS to operate Las Palmas Pool and provide aquatic programs for residents. The City is responsible for utility services. landscape, janitorial, and facility maintenance. The City reimburses EXOS for all operating expenses and the City retains all revenues collected for aquatic programs and rentals. The ' ity compensates EXOS for these services through a monthly management fee. In April 2020. City Council voted to close Las Palmas Pool for all of FY21 due to COVII -19 and as a cost cutting measure. The closure was expected to save the City approximately $370.,000. However, annual fixed costs for pool utilities and chemicals remained at S200.000 whether open or closed. The City then gave EXOS notice that the Service Agreement between the City and EXOS for the operation of Las Palmas Pool would be terminated without cause. On June 2, 2020 City staff and EXOS presented a proposal to operate Las Palmas Pool with a net neutral budget, not including annual fixed costs. The proposal was based on extensive analysis of past usage, and a plan to reduce operating expenses and increase revenues. on .Tune 16, 2020. City staff provided a more in depth analysis of the estimated FY21 revenue with letters and emails from rental groups requesting pool space in FY21. City Council then approved a. Service Agreement between the City and EXOS to operate Las Palmas Pool for a term of one year ending June 30, 2021. FY21 expenses were estimated at $312,300, with revenue estimated at $314,900. EXPLANATION Due to C V IL -1 9, Las Palmas Pool staffing levels increased, health department mandates decreased pool usage, and scheduled rentals and programs were dela) ed; additionally, the pool was closed to complete unexpected repairs, resulting in uncontrollable expenses for FY21. FY21 operating expenses for Las Palmas Pool exceedcd budget projections by $64.067. Additionally, the City lost $40,000 in revenue with the cancellation of the National School District 3'd grade learn to swim program. EXOS was still able to exceed revenue projections by $19,624. The FY21 General Fund subsidy is 41,43:, if the 3rd grade learn to swim - was not cancelled program the General Fund subsidy would have beenless than $2000 Below is a summary of FY21: 136 of 550 Page Staff Report — Appropriation for Las Palmas Pool Operations September 7, 20? 1 FY21 Expenses Revenues General Subsidy Fund Approved Budget $312,300 $314,900 $2,600 Actual $376,367 $334,524 --41,84 3 Variance -4,07 $19,624 Staff clicl not have sufficient time to request an appropriation prior to FY21 eat -end closing. Therefore, staff are requesting an appropriation for FY22. Please note that there is S9,735 remaining in the FY21 account; however invoices cannot be paid from different fiscal years. Therefore., the appropriation amoLlflt is $73,802 and there will be a savings of $9,735 in FY21 RECOMMENDATION .Adopt a resolution amending the Fiscal Year 2022 Community Services Department budget by appropriating funds in the amount of $73,802 for expenditures associated with the operation of the Las Palmas Pool. FISCAL IMPACT Adoption of the resolution will result in the use of General Fund unassigned fund balance of $738O2. 137 of 550 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City awarding and authorizing the Mayor to execute agreements for Towing and Impound Services with the top two -ranked providers: A to Z Enterprises, Inc., DBA Road One Towing and Alexandra Investments, Inc., DBA Angelo's Towing and Recovery with a term of October 1, 2021 - September 30, 2023. (Police and Finance) Please scroll down to view the backup material. 138 of 550 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 7, 2021 AGENDA ITEM N. ITEM TITLE: Resolution of the City Council of the City of National City awarding and authorizing the Mayor to execute agreements for Towing and Impound Services with the top two -ranked providers: A to Enterprises, Inc., DBA Road One Towing and Alexandra Investments, Inc., DBA Angelo's Towing and Recovery with a term of October 1, 2021 — September 30, 2023. PREPARED BY: Debra Lunt/Jose Tellez PHONE: 610- 0- 58 /4510 EXPLANATION: See Attached Finance/Police DEPARTMENT: APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: ,/fjLa�iSr-sFL...--- APPROVED: Finance M I S The quarterly Towing Program Fee revenue shall be $54,722, for an annual total of $218,889, paid in equal shares by the two designated Contractors. ENVIRONMENTAL REVIEW: No CEQA Exemption — This action is not subject to review under the California Environmental Quality Act (CEQA). ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt a resolution to award tow and impound services and authorize the Mayor to execute tow contracts with Road One Towing and Angelo's Towing for October 2021 through September 2023. BOARD / COMMISSION RECOMMENDATION: : N/A ATTACHMENTS: . StaffReort 2. Towing Contract Price Comparison 3. Site Visit Staff Report, Site Visit Forms 4. Contracts: Road One Towing & Angelo's Towing 5. Resolution 139 of 550 Mine hrnen-i- f NoioNAL cirr anv INC ORPORATED NATIONAL CITY POLICE DEPARTMENT STAFF REPORT DATE: September 7, 2021 AGENDA ITEM: Towing & Impound Contract (RFP) #GS2021-1 Background The City's current towing contracts with RoadOne Towing and Angelo's Towing expire on September 30, 2021. In late 2020, a working group comprised of representatives from the City Manager and City Attorney's offices; and the Finance, Police, and Neighborhood Services Departments convened to facilitate a timely process for a seamless continuation of services beyond September 30, 2021. Consistent with the City's practice of seeking proposals for contractual services, the working group drafted the Request for Proposals (RFP) for towing and impound services. On May 4th, 2021 the City Council approved the issuance of a Request for Proposals for towing and impound services. Members of the working group evaluated the proposals, conducted site inspections and negotiated conditional tow contract(s) to be executed and effective by October 1, 2021. The tow contract working group is comprised of representatives from several City departments including: City Manager's Office • Tony Winney, Assistant City Manager City Attorney's Office • Charles Bell Jr. City Attorney Finance • Debra Lunt, Purchasing Buyer Neighborhood Services • Armando Vergara, Director of Neighborhood Services Police Department • Alejandro Hernandez, Police Captain • Damian Ballardo, Police Sergeant 1200 National City Boulevard National City, CA 91950 (619) 336-4512/Fax (619) 336-4525 140 of 550 3-rt CALIFORNIA NALTI t NAL CITY e e lJ INCORPORATED _ RFP Process The working group worked together to prepare a Request for Proposal ("RFP") for review of companies for consideration of the future tow contract. On May 4th, 2021, the City Council approved issuance of RFP #GS2021-1 for Towing and Impound Contract services for the City of National City. The RFP contained all the criteria to be used by the working group and the Police Department has established standard, consistent tow rates. RFP #GS2021-1 was issued on May 6th, 2021. RFPs were mailed to twelve (12) potential bidders. Responses to the RFPs were due on June 8th, 2021. The City received seven (7) responses. When deciding to whom a contract should be awarded, the RFP clearly states that the award of a contract(s) is based on the best overall value to the City. The factors to consider in determining the best overall value include, but are not limited to: evaluation of service capabilities, experience, price, and other factors assessed in the RFP. There is no obligation to make an award based solely on financial factors. In addition, there is no obligation to make any award to any contractor. RFP Evaluations The working group reviewed the seven written proposals. Extensive administrative review was conducted by pertinent members of the working group, and proposals were evaluated according to how well they met or exceeded the RFP requirements. Site inspections were conducted in accordance with the RFP at each of the businesses that met the requirements of the RFP. Accordingly, a total of three site inspections were conducted by Sergeant Damian Ballardo and Neighborhood Services inspector, Ronny Soriano. After the site inspections, it was determined that all three of the bidders meet the RFP requirements. (Please see the report prepared by Sgt. Damian Ballardo, attached hereto as Towing Contract Request for Proposal; Site Visits). The three proposals that meet the RFP requirements, in alphabetical order are: • Angelo's Towing, 1177 South 26th Street, San Diego, CA., 92113 • Quality Towing, 270 Trousdale St., Chula Vista, CA., 91910 • RoadOne Towing, 3333 National Ave, Suite A, San Diego, CA., 92123 1200 National City Boulevard National City, CA 91950 (619) 336-4512/Fax (619) 336-4525 141 of 550 CALIFORNIA -� NATIONAL ChM agat INCORPORATED It has been determined that these three (3) tow contractors meet and/or exceed the RFP requirements and are suited to provide the required level of service the City expects. Pursuant to the RFP, the objective is to select two (2) tow contractors to be placed on a rotational basis for the new tow contract period beginning on October 1, 2021 through September 30, 2023. The proposed rates received from the remaining three (3) tow contractors differ from one another (details in attached Towing Contract Price Comparison). Overall, proposed rates were similar to the tow rates charged under the last contract cycle from 2016. Based on the rates proposed by the two recommended tow operators, the Police Department has established consistent tow rates, reflected in the column titled Final in the Price Comparison attachment. The most commonly used fee charged is for basic towing, which at $180 is the same price as the previous towing services contracts. Below is a brief analysis of the three contractors (in alphabetic order) that meet and/or exceed the RFP requirements. Additional details relied upon by the working group are provided in Police Sergeant Damian Ballardo's attached report titled "Towing & Impound Contract (RFP); Site Visits." 1200 National City Boulevard National City, CA 91950 (619) 336-4512/Fax (619) 336-4525 142 of 550 4 CALIFORNIA -� NkTIONAL is A. Angelo's Towing Advantages • Met RFP requirements • Located close to National City (approx. 2.9 miles) • Angelo's is a current tow contractor for the City. There have been very few issues with response times. • Long history of municipal tow services • CHP certified trucks — all sizes required in RFP, high quality equipment. o The fleet of trucks is new and equipped with advanced technology, such as GPS, to assist with faster response times on calls for service o All Angelo's tow trucks are also equipped with a notebook style computer which receives calls for service, the GPS application will direct the drivers where to respond • Business office/dispatch staffed 24/7 • The communication center is state of the art with numerous large screen high definition televisions which monitor all activity on all of the tow yards • Large, paved storage yard, alarmed, video surveillance, well lit • Tow contract with City of Coronado, CHP, San Diego Police Department, San Diego Sheriff's Department, and AAA • Largest AAA provider in area • Close to public transportation both Trolley and bus • All Positive references • Better Business Bureau Rating: A+ Factors to Consider • Angelo's is currently a National City tow provider • 5 large secure evidence storage lockers for evidentiary vehicle storage. • Storage yard is currently being expanded to 60,000 square feet from its current 30,000 square foot area. • Current system in place for reconciliations. 1200 National City Boulevard National City, CA 91950 (619) 336-4512/Fax (619) 336-4525 143 of 550 CALIF.ORNIA NATIONAL My INCORPOp,ATED B. Quality Towing Advantages • Met RFP requirements • Located close to National City (approx. 2.7 miles) • Long history of municipal tow service • CHP certified trucks — all sizes required in RFP, quality equipment (Trucks appear to be well maintained and in good repair) • Business office/dispatch staffed from 8am to 6pm (after hours must phone for assistant. • Storage lot is approximately 33,000 square feet • Current tow contracts with CHP, El Cajon PD, La Mesa PD and SDSO. • Yard is alarmed by ADT, well illuminated and paved. • Positive references Factors to Consider • No prior experience as a National City tow provider • No Trolley within walking distance. Bus stop approximately four blocks away, this could be problematic for citizens to pick up their cars. • No dedicated dispatch center. Trucks dispatched by cell phone. • No current process in place to collect fees due the City; the contractor would have to create an administrative process and train employees 1200 National City Boulevard National City, CA 91950 (619) 336-4512/Fax (619) 336-4525 144 of 550 +)--t CALIFORNIA �* NATIONAL CIlIr INCORPORATED C. Road One Advantages • Met RFP requirements • Located close to National City (3.2 miles) • Road One is the City's current tow contractor and there have been few issues with response times. • Long history of municipal tow service • CHP certified trucks — all sizes required in RFP, high quality equipment, largest fleet o The fleet of trucks is new and equipped with the advanced technology such as GPS to assist with faster response times on calls for service o Each driver is issued a smart phone with an application that receives the call for service, then the driver can mark his arrival time and when they are in tow o The application also allows the driver to upload all vehicle information into the Road One tow system automatically • Main business office/dispatch staffed 24/7 • Large storage lot (150,000sq ft), alarmed, video surveillance, well lit • Has 4 secure storage lockers for evidentiary vehicles • Has process in place to collect fees due to the City • Tow contract with San Diego PD, Chula Vista PD, National City PD, Escondido PD, La Mesa PD, San Diego Sheriff's Department and several other law enforcement agencies • Positive references • Better Business Bureau Rating: A Factors to Consider • Storage lot used for City will only be staffed during business hours. For after-hours release, a customer must phone the dispatch center and then they will immediately send an employee to the storage lot to assist customer; thus there is waiting time • No Trolley within walking distance, Bus stop approximately 20 yards from entrance 1200 National City Boulevard National City, CA 91950 (619) 336-4512/Fax (619) 336-4525 145 of 550 CALIFORNIA * -0-_ NA ONAL e Li V "."JQ INcORPORATED Staff Recommendation After reviewing all responses to the RFP and conducting the site inspections, the following are staff's recommendations for Council consideration. Consistent with the objective of the City Council approved RFP, the Tow Contract Committee recommends the City enter into contracts with two (2) towing and impound contractors. Based on prior experience, it is more efficient to manage and administer two tow contractors in terms of scheduling, preparing two monthly reports of each, and tracking all contract obligations and requirements. Having completed a comprehensive RFP and evaluation process, with consideration of overall best value to the City, staff recommends awarding and entering into tow contracts with RoadOne Towing (Road One West, Inc.) and Angelo's Towing, on the terms and conditions set forth in the contracts, attached. Staff Recommendation Adopt a resolution to award and authorize the Mayor to execute tow contracts to the top two ranked tow providers: RoadOne Towing (RoadOne West, Inc.) and Angelo's Towing. 1200 National City Boulevard National City, CA 91950 (619) 336-4512/Fax (619) 336-4525 146 of 550 PURCHASING 8/30/2021 TOWING CONTRACT PRICE COMPARISONS Mictchmeab- Final Pricing FINAL** Road 1 Cortes Angelos Quality ASAP TONY'S RESCUE 2016 FEE SCHEDULE BASIC TOWING. Includes First Hour Hookup, Labor, Standby Time, for vehicles Under 9,500 GVW (unloaded). $180 $180 $180 $180 $180 $175 $145 $180 $180 MEDIUM SIZE - BASIC TOWING, Includes first hour hookup, labor, standby time, for vehicles over 9,500 GVW but less than 22,000 (unloaded) $205 $ 40 $205 u $205 $205 $200 $205 $175 $205 $205 LARGE SIZE - BASIC TOWING. includes first hour hookup, labor, standby time, for vehicles over 22,000 GVW (unloaded) $250 $250 $225 $220 $225 _ $195 $225 $225 ON -SCENE or Stand-by labor = each 15-minute increment, beyond first hour. Is charged only when extra ordinary labor must be expended to recover a vehicle. Stand-by is charged when the job cannot be started and must be explained on the tow bill. $40 $40 $45 per 15 minute increment $40 1/4 hour $40 $18 each 15 minutes, then free $45 $40 $40 DOLLIES, Will only be used when there is not a Tess expensive, safe manner of handling the situation, $55 $55 $0 $55 $55 $55 n/c $55 $55 DRY RUN. May also be known as a "hook-up — drop fee" and is charged when th.e vehicle is hooked up and the owner returns before the vehicle is in transit.. $50 $50 $90 $50 $50 $100 n/c $50 $50 PER MILE TOWING. Applies only to vehicles recovered outside the jurisdiction of the city of National City $5 $50 $5 $5 $5.00 $5.00 $5.50 nib $5 $5 MAXIMUM STORAGE - PER DAY. Per day is defined as a 24-hour period. $50 $45 $45 Basic$45 Med $55 Heavy$65 $45 $40 $45 $45 STORAGE PER HOUR. The maximum daily hourly storage rate, not to exceed the maxiumurn storage- per day rate. $15 $15 $3 $15 $15.00 $1.87 per hour $10 per hr for lst 4 hr $15 $15 AFTER HOURS VEHICLE RELEASE, After 5PM and before 8AM including weekends and all City - observed holidays. $65 $65 $65 $65 . $75 $65 $70 $65.00 $65 NOTIFICATION OF LIEN SALE. Vehicle valued at ' Tess than $4.000, (22851.12 CVC). $70 $70 $70 $70 $70 $35 $70 $70 $70 NOTIFICATION OF LIEN SALE. Vehicle valued at over $4,000. 22851.12 CVC). $100 $100 $100 $100 $100 $50 $100 $100 $100 POLICE EQUIPMENT TOWING. Inside jurisdictional limits of National City nic n/c n/c nit n/c n/c nlc n/c NIC CITY' EQUIPMENT TOWING & STORAGE Includes all City vehicles. Also includes police vehicles towed from outside juridictional limits of National City 25% of Basic Towing Fee 25% of Basic Towing Fee 25% of Basic Towing Fee 25% of Basic Towing Fee 25% of Basic Towing Fee 25% of Basic Towing Fee 25% of Basic Towing Fee 25% of Basic Towing Fee 25% Basic Tow Fee EVIDENTIARY TOWING AND STORAGE. Daily storage fees for City/vehicles, seized vehicles, and vehicles for evidentiary purposes. 25% of Daily Storage fee & 25% Basic Towing 25% of Daily Storage fee & 25% Basic Towing fee 25% of Daily Storage fee & 25% Basic Towing fee 25% of Daily Storage fee & 25% Basic Towing fee 25% of Daily Storage fee & 25% Basic Towing fee 25% of Daily Storage fee & 25% Basic Towing fee 25% of Daily Storage fee & 25% Basic Towing fee 25% of Daily Storage fee & 25% Basic Towing fee 25% of Daily Storage fee TOWING OF VICTIMS' S' VEHICLES $60 $80 $75.00 $40.00 25% of Daily Storage fee & 25% Basic Towing fee $100 $145 25% of Basic Towing Fee $40 'FINAL: Final negotiated rates to which both _ recommended vendors agreed. Contracts with both vendors will charge the same rates 147 of 550 climertf- NATIONAL CITY POLICE DEPARTMENT MEMORANDUM b � L—Pro 1200, DATE: June 1 th, 2021 TO: Tow Contract Committee FROM: Damian Ballardo, Tow Contract Committee Member SUBJECT: Towing & Impound Contract (RFP); Site Visits Request for Proposal ("RFP") ## S 021-1 was issued to establish a new Towing and Impound contract for the City of National City. The RFP's were mailed to vendors, and advertised in the San Diego Union Tribune and the Star News. The completed RFP's were due on June 8th, 2021. The City received seven(7) responses. Upon initial review of all the proposals by the TowContract Committee it was decided that only three companies met the minimum qualifications. Based on this, only three sites were visited. Quality Towing, 270 Trousdale St., Chula Vista • Angelo's Towing 1177 S. 26th St, San Diego Road One Towing, 3333 National Ave, San Diego Site visits were conducted on all three tow contractors by Ronny Soriano and Sergeant Damian Ballardo. As stated in the RFP, the site visits were conducted without prior notice in order to view the tow contractor in their normal everyday business setting. The site visits were conducted on Thursday, June 17th, 2021. A Site Visit checklist was completed by Sergeant Ballardo during each site visit. Quality Towing (visited 06-17- 1 @ 09:20 am) Employee present — Adrian Jimenez Quality Towing has a current business license for their jurisdiction, Their business office/storage lot is located at 270 Trousdale St. in Chula Vista, which according to Google Maps is 2.7 miles from City Hall. Their business office is staffed from 8 AM to 6 PM. The sign outside also indicates business hours are 8 AM to 6 PM. All incoming phone calls are answered by office staff during business hours. An onsite attendant is available 1 of5 148 of 550 June 1 th, 2021 24/7 for after-hours vehicle releases. The current fee schedule is posted on the interior wall of the office. They accept cash and major credit cards, and have cash on hand for change. Customer invoices are itemized with all charges. Angles Towing, Inc. dba Quality Towing and Recovery or QUALITY, currently services the following agencies; CHP, El Cajon PD, La Mesa PD, Santee Sheriff Department and the Lemon Grove Sheriff Department. Quality Towing's trucks are currently dispatched by cell phone. The employee did not know if they have a system in place for reconciliations. Quality was not able to attach current CHP 243B forms to their proposal due to an issuing backlog in Sacramento. on the day of the site inspection 1 was able to obtain copies of their current/valid CHP243B forms for their trucks. The proposal sent in by Quality Towing listed the truck information stating they have standard duty, medium duty wheel, and heavy duty lift trucks and standard/medium duty rollback trucks as well as 4x4 and sub -garage trucks. There were only medium duty and standard/medium duty rollback trucks at the lot when we arrived on site. I was told all their other trucks were on service calls. Quality Towing's site is nearby public transportation. There is a bus stop approximately four blocks from the site. There is NO Trolley stop within a reasonable walking distance from the site. The yard size is listed as 33,000 square feet and my visual estimate of the lot size agrees with this estimate. The storage yard is enclosed by a solid wall on one side and chain link fence on three sides with razor wire on the top and a locked gate. The lot is currently alarmed by ADT Security with intrusion sensors. The storage lot does have a paved vehicle examination area and is welt illuminated. The Quality Towing site we visited did NOT have a secured evidentiary storage area. I was told that they plan to build one arid that it should be in service within a few months but they did not have any plans or permits to show me. Quality Towing meets all RFP requirements. AngeEo°s Towing (visited 06-17-21 © 10:30 am) Employee present — Nash Habib Angelo's Towing has a current National City business license. Their business office/storage lot is located at 1177 $. 2 t" Street in San Diego which is approximately 2.9 miles from the City Hall. Their business office is staffed 24 hours a day/ 7 days a week. During the business hours of 6:00 am to 6:00 pm, there are three office employees present; from 10:00 pm to 6:00 am the staff consists of three dispatchers. All incoming phone calls are answered by office staff. The office staff is available 24/7 for after-hours vehicle releases. The \o 2 of S 149 of 550 June 1 th, 2021 current fee schedule is posted in the lobby of the business office. Angelo's Towing accepts cash and major credit cards, and have cash on hand for change. An inspection of invoices verified that customer invoices are itemized with all charges. Angelo's Towing currently tows for the CHP, Coronado PD, El Cajon PD, San Diego Sheriffs and National City PD. They do have a current system in place for reconciliations. They are a large Automobile Club("AAA") provider with thousands of AAA calls for service each month. Angelo's Towing's truck fleet meets the RFP requirements. All trucks and drivers are CHP certified. While on site I was provided with their most recent/valid CHP 243E forms and drivers forms. The business has standard duty, medium duty, and heavy duty wheel lift trucks, standard/medium duty rollback trucks and 4x4 trucks. The business also has a tow truck capable of sub -garage. All trucks are equipped within RFP requirements. Angelo's Towing's storage lot is located in San Diego and is close to public transportation. The lot is within two blocks of both a bus stop and trolley service. The storage lot is paved and per Nash Habib, is approximately 30,000 square feet including the office building. My visual estimate of the lot size agrees with this estimate. Mr Habib has purchased the property immediately south of his site and is currently in the process of demolishing the buildings and this will double the size of his current lot from 30,000 to 60,000 square feet. The construction should be finished by September. The current storage yard is enclosed by solid fence and wall with a. locked gate. The lot is alarmed and monitored by numerous high definition cameras that record. The lot is well lit with pole and building mounted lights. The storage lot has five separate and completely secure evidentiary storage areas for evidentiary vehicles. Each has a paved vehicle examination area. Each area is approximately 11) 21'. Angelo's Towing and Storage meets all RFP requirements. Road One Towing (visited -17- 1 © 11; o am) Employees present —Brian Wakham Road one Towing has a current National city business license. Their business office/storage lot is located at 3333 National Avenue in San Diego which is approximately 3.2 miles from the city Hall. This business office is staffed Monday — Friday, 8:00 am to 6:00 pm. There is also a sign indicating the business hours are A - PM. of 5 June 1 Sty, 2021 After hours, phone calls are routed to the main office/dispatchers and answered by staff. If an after-hours release is requested by a customer, the dispatcher would immediately send a Road One employee to the storage lot to assist the customer. All incoming phone calls are answered by Road One staff. The current fee schedule is posted at the business, they accept cash and major credit cards, and have cash on hand for change. An inspection of invoices verified that customer invoices are itemized with all charges. A to Z Enterprises, Inc., dba RoadOne, currently tow for The City of San Diego, CHP, SDSO, CVPD, La Mesa PD, Harbor PD, Oceanside PD, Miramar Air Station Military Police and several other law enforcement agencies. Road one Towing has a system in place to post reconciliations for other jurisdictions. They currently have a system in place for National City. Road One Towing's truck fleet meets the RFP requirements. All trucks are CHP certified. The business has standard duty, medium duty, and heavy duty wheel lift trucks, standard/medium duty rollback trucks, and a heavy duty truck. The business also has tow trucks capable of sub -garage towing and off road capable vehicles. All trucks are equipped within RFP requirements. Road One has the largest fleet of trucks of all the RFP proposals. All trucks have a Tele-track GPS system allowing Road One dispatch to know the location of all trucks and dispatch the closest truck for a shortened response time. Road One Towing's storage lot is located in San Diego and close to public transportation. There is a bus stop approximately 20 yards from the entrance of their yard. There are No Trolley stops within of a mile of the site. The storage lot is composed of a gravel type surface with partial paving and is approximately 150,000 square feet. My visual estimate of the lot size agrees with this estimate. The storage yard is enclosed by solid chain link fence reinforced with rebar and barb wire with a locked gate. The lot is alarmed and monitored by several cameras equipped with motion sensors, that record. The lot is well lit with pole and building mounted lights. The storage lot has an indoor secured storage area for evidentiary vehicles. There are 4 individual 10' x 20' evidentiary storage cages. Each has a paved vehicle examination area. Road One Towing meets all RFP requirements. Conclusion Upon completion of the site visits, the results of the site visits were presented to the tow contract committee. As a result of the site inspections, it was determined that all three of the proposals meet the RFP requirements. \v/k. 4 of 5 151 of 550 June 1 th, 2021 Although all three meet the RFP requirements, Quality Towing did not have in place an area to store evidentiary vehicles. Based on the RFP page 1(ill Specific Provisions section A paragraph 3 Inspection), "The city reserves the right to disqualify a Bidding Contractor who does not, in the Cty's judgement, exhibit the sufficient physical and financial resources to perform the contract.!' Because Quality Towing does not have a physical location for evidentiary vehicles, they should be disqualified. Summary • . n elo's Towing, 1177 B. 26th Street, San Diego, CA., 92113 • Road One Towing to Z Enterprises, Inc.), 9150 Chesapeake Dr. Suite 240, San Diego, Ok, 92123 Respectfully Submitted, Damian Ballardo Tow Contract Committee Member 1?) 5 0 5 152 of 550 CITY OF NATIONAL CITY TOW RFP SITE VISIT PROSPECTIVE CONTRACTOR: Quality Towing DATE/TIME: 'z� oqzo y66 BUSINESS LICENSE Current in jurisdiction 6.05; 24 HOUR PHONE CONTACT Pager / cell / office staff/ answering service r5 24 HOUR OFFICE STAFF FOR RELEASE 5 Office at yard (Open minimally 0800-1800) Access to vehicle by R/O 24 hours FEE SCHEDULE POSTED IN OFFICE;. e : or No S ACCEPT CREDIT CARD AND CASH /16-5 Cash on hand for change PROCEDURE IN PLACE TO POST RECONCILIATION YES /NQ INVOICES ITEMIZED WITH ALL CHARGES NO TOW TRUCK REQUIREMENTS Rollback 3 Basic NO Medium / NO Heavy NO r Wheel Lift > Basic 16 / NO Medium -J NO Heavy NO One sub -garage vehicle a / NO Off -road Capable Truck GP/ NO TRUCK EQUIPMENT )163:<: &Ic1 RO_2LiLt4 4%4 Two Way Radio or other means of two way communication _8000 lbs capacity • Doilies on each vehicle • Completed CHP Inspection Certificate for each vehicle (working within NC) signed and dated prior to P P S �... LOT REQUIREMENTS (Take Photos) • Within 7 miles of City Hall (Appx Distance = :l ) • >10,000 sq ft of usable lot space (Not including Buildings) sq footage = COO Public transit nearby " / NO w /Trolley.6-440 - • Enclosed - Solid Fence / NO or Wall E / NO (Height= 8 ft.? Ey)/ NO) Lockable Gate NO • Are gates locked during business hours? iss • What ty e of lock? ALY115Imo. Is gate manual o r Teecchan,izeD • Alarmed = f NO Security Cameras =, E , NO • Sufficient Lighting Drainage 2T /kb Cprty STORK tifkiter,0 'XS'S° Secured Evidence Storage (or can bui rd one prior to contracUaZULIBOIL,b —2coeze Paved Examination Area LT 0S • Samples of drivers licenses for employees who will be working in N. Conduct survey of 10 employees or 10% of employees, whichever is greater. L0I, ndb vIa4ZYow14 COMMENTS: 153 of 550 EMPLOYEE PRESENT: Ib12iAi3 S�..MF.A��R-ERSON CONDUCTING INSPECTION: ���r� 501Z5P130 e Reconciliation fees are those fees paid to the city by the vendor • How many total trucks 30 • How many employees and are they certified by the CHP 3.5-90 • Are staff present 24 hours at site? yas 154 of 550 cPD CITY OF NATIONAL CITY T'W RFP SITE VISIT PROSPECTIVE CONTRACTOR: Road One Towing �15.4 BUSINESS LICENSE ye6 ➢ Current in jurisdiction yi5-5 24 HOUR PHONE CONTACT Pager /cell answering service yri-s24 HOUR OFFICE STAFF FOR RELEASE v XS Office at yard (opens minimally 0 0-1 0 ) ..5 f- Access to vehicle by R,lo 24 hours FEE SCHEDULE POSTED IN OFFICE; es or No \/$ ACCEPT CREDIT CARD AND CASH 6:5 > Cash on hand for change PROCEDURE IN PLACE TO POST RECONCILIATION INVOICES ITEMIZED WITH ALL CHARGES ` NO TOW TRUCK REQUIREMENTS Rollback Basic Wheel Lift 4 Basic One sub -garage vehicle Off -road Capable Truck TRUCK EQUIPMENT Two Way Radio or other means of two way communication 000 Ibs capacity Dollies on each vehicle Completed CHP Inspection Certificate for each vehicle (working within NC) signed and dated prior to RFP 5eArt- -fL LOT REQUIREMENTS (Take Photos) Within 7 miles of City Hall (Appx Distance = 3.2.) >10,000 sq ft of usable lot space (Not including Buildings) (Appx sq footage = 1t 00) NO /Trolley 4 o 3/(4- Mot"( NO or Wall YES /( (Height= 8 ft. " NO) fr DATE/TIME: 64.1'"2-4 //cO tfr Y p. COMMENTS: Public transit nearby Enclosed —> Solid Fence Lockable Gate �YES�/ NO NO NO Medium / NO Heavy NO NO Medium NO Heavy / ND NO NO Lx111515,4L, UPI 14)e tit Are gates locked during business hours? ya---S What type of lock? Is gate manual 0 Alarmed ES , NO Security Cameras NO v6 mtioosos. Sufficient Lig trig Drainage S.b axTV 'viAliaut Secured Evidence Storage (or can build one prior to contract) Paved Examination Area Samples of drivers licenses for employees who will be Working in NC. Conduct survey of 10 employees or 10% of employees, whichever is greater. MICA bISflAri'ald 11Dtrry 24-7 �1 155 of 550 EMPLOYEE PRESENT: -ntz-uu.3 PERSON CONDUCTING INSPECTION � OrL.D • Reconciliation fees are those fees paid to the city by the vendor • How many total trucks ID 14.3.0.-. • How many employees and are theycertified by the CHP iLlcory • Are staff present 24 hours at site? s 156 of 550 IVICP1) CITY OF NATIONAL CITY TOW RFP SITE VISIT PROSPECTIVE CONTRACTOR: _AllgeIO'S Towing DATE/TIME: 41'71 tOte"SO *3 BUSINESS LICENSE Y05,5 Current in jurisdiction y&S 24 HOUR PHONE CONT Pager /cell answering service 24 HOUR OFFICE STAFFOR RELEASE Sys! Z Office at yard (Open minimally 0800-1800) Access to vehicle by R/0 24 hours FEE SCHEDULE POSTED IN OFFICE,es)r No 165 ACCEPT CREDIT CARD AND CASH Yi5-#5 Cash on hand for change PROCEDURE IN PLACE TO POST RECONCILIATION NO INVOICES ITEMIZED WITH ALL CHARGES NO TOW TRUCK REQUIREMENTS � Rollback --> Basic =� NO Medium NO Heavy =;, E5 NO ➢ Wheel Lift 3 Basic NO Medium NO Heavy NO > One sub -garage vehicle f NO1 yi' > Off -road Capable Truck ' NO �, �,op -1.1..mte, TRUCK EQUIPMENT" Two Way Radio or other means of two way communication PEYTGa C41jTfL op- $000 i6s capacity yes • Dollies on each vehicle Completed CHP Inspection Ce R F P LOT REQUIREMENTS (Take Photos) Within 7 miles of City Hall (Appx Distance = - ) - >10,000 sq ft of usable lot space (Not includin Bui dings) Public transit nearby NO Enclosed Solid Fence NO or Wall Lockable Gate COMMENTS: NO Are gates lockeduring business hours? 1 What type of lock? ALI —t14446S-iz.49L, Is gate manual o mechanized Alarmed = 'E NO Security Cameras Sufficient Lig ting Drainage Secured Evidence Storage (or can build one prior to contract) tificate for each vehicle (working within NC) signed and dated prior to t'al5'CtWC7'ZQ;J (Appx sq footage = BOiXO «— J NO (Height= 8 ft. Paved Examination Area Samples of drivers Micenses for employees who will be working in NC. Conduct survey of 10 employees or 10% of employees, whichever is greater. NO Ite) 157 of 550 EMPLOYEE PRESENT: 9JAW 1-11ag:CE PERSON CONDUCTING INSPECTION • Reconciliation fees are those fees paid to the city by the vendor • How many total trucks GP2et5c7eAi_, j -2D 7014.1 - • How many enn loyees and are they certified by the CHP • Are staff present 24 hours at site? /Son�P�.rz� 158 of 550 MVA AGREEMENT BY AND BETWEEN CITY OF NATIONAL CITY AND A TO Z ENTERPRISES, INC., DBA ROADONE FOR TOWING AND IMPOUND SERVICES October 1, 2021 — Septernber 30, 2023 159 of 550 TABLE OF CONTENTS Title & Section Page Number Agreement for Towing and Impound Services 1 Recitals 1 1.0 DEFINITION OF TERMS 1.1 Police Tow 1.2 Police Referral Tow ,. ... 1.3 On Demand Tow 1.4 Secondary Tow 1.5 Collision Tow ... 1.6 Response Time 1.7 Dispatch Center 3 1.8 Contract Year ... 3 1.9 Fee Schedule 3 1.10 Towing Program Fee 3 1.11 Negligent Vehicle Impound Release Fee 3 1.12 Administrative Review Fee. 3 2.0 ADMINISTRATIO1 AMANAGEMENT OF AGR1EEMENT .1 Agreement Approval 4 2.2 Entire Agreement. 4 .3 Administration of Agreement 4 2.4 Cooperation and Consultation 2.5 Compliance with Applicable Law 2.6 Licenses, Permits, Etc. 2.7 Disputes 2.8 Mediation Arbitration .. 1 Contract for Towing & Impound Services Oct 1, 2021 —Sept 30, 2023 City of National City and A to Z Enterprises, Inc., DBA Road ne r .; 160 of 550 2.9 Legal Fees ..,,.. 2.10 Indemnification and Hold Harmless .... *.. . .....,. + + .. + ..... 2.11 Business Records 106 5 0 CVC et seg+) 2.12 Prohibition Against Use of Privileged Information 7 2.13 Independent Contractor . 7 2,14 Assignment 2.15 Workers' Compensation .. 2.16 Non -Discrimination Provision 2.17 Conflict of Interest and Political Reform Act Obligations *.,,....... .... 2.18 Termination of Agreement .... 2.19 Charges and Fees .. 10 2.20 Inspection,... ..................... , 10 2.21 Notice of Termination 10 3.0 TERMS of AGREEMENT, OPTIONS, RENEW AND RE -OPENERS 3.1 Duration . , .. 11 3.2 Relevant Dates . 11 3.3 Option to Rene ........................, 11 3.4 Re -Opener Clause — Towing Program Fee 12 3.5 Re -Opener Clause - Fee Schedule 12 3.6 Re -Opener Clause — Administrative Review Fee 12 4.0 RESPONSE TIME, EXCEPTIONS AND PENALTY ASSESSMENT 4.1 Response Tine.............. *..... 12 4.2 Response Time Computation 13 4.3 Response, Time - Penalty .+,.+..++.....................1 3 4.4 Response Timme - Penalty Assessment s.t......■.......+4....4...i.................................1 .0 ON -CALL CONTRACTOR AND CONTRACTOR ROTATION SCHEDULE 5.1 ContractorOn-Call & Rotation ..,.... 13 ii Contract for Towing . Impound Services Oct 1, 2021—Sept 30, 2023 City of National City and A to Z Enterprises, Inc., DBA RoadOne 161 of 550 6.0 GENERAL DUTIES, REQUIREMENTS AND OBLIGATIONS 6.1 Business License . 1 6.2 Contractor Availability - Response to Service Requests 14 6.3 Contractor Towing Forfeited Vehicles , .. . ..., 15 6.4 Contractor Availability Vehicle Release ..., 15 6.5 Business Office ....... 15 6.6 Business Office Hours .... 15 6.7Contractor's Employees .. ■ 15 6.8 Signs . w w• 16 6.9 Method of Payment - Towing or StoraLre Charges (22651.1 VC) ... 17 6.10 Storage of Vehicles; City,Seized ..•• •■■.•■■■••■.■.t ....■ 17 6.1 1 Removal from Private Property . * 17 6.12 Notice to City - Private Property Impounds .. 17 6.13 Gratuities 1 2 1 L llCVC) • e■ r a ■ a■ .. ■■ 18 6.14 Tow Truck Driver - On Scene Duties 18 6.15 Access to Stored Vehicles 19 6.16 Access to Stored Vehicle - Removal of Private Property 19 6.17 Access to Evidentiary Vehicles 19 6.18 Invoices . ■■....... 19 6.19 Vehicle Impound Control Card (PD form 250) ■ . , 19 6.20 Proceeds from Lien Sale ,..,.,. 20 7.0 FEES 7.1 Fee Schedule , , 20 7.2. Secondary Tow Fees; .**..t...,..•...r....,,.. 21 7.3 City Vehicle Tow Fees 21 7.4 Fees - Police. Department Errors and Omissions 21 7.5 Towing Program Fee 22 Contract for Towing & Impound Services it City of National City Oct 1, 2021 —Sept 30, 2023 and A to Z Enterprises, Inc., DRA. Roadone 162 of 550 7.6 Towing Program Fee - Due Date ..... ..22 7.7 Towing Program Fee - Late Fee 7.8 Towing Program Fee - Payment 7.9 Negligent Vehicle Impound Release (NVIR) Fee 7.10 NVIR Fee .... • • • • • • • ,• • .... . . .. • • • • r . • • .. • . • 7.11 NVIR Fee - Payment Due Date ... , , ...2 7.12 NVIR Fee - Payments .,.. ... 24 7.13 NVIR Payment Late Fee 24 7.14 Administrative Review Fee .... . ........,....,,.r...••.24 7.15 Impound Fees - Due Date 24 7.16 Fee — Payment ................. 25 7.17 Fee - Late Fee. .,..25 7.18 -Day Vehicle Impound Fees .25 .0 VEHICLE RELEASE 8.1 General Rule - Vehicle Release , 26 8.2 Exceptions to GeneralRule . ■s. ■.■■as r.■■. 26 8.3 Hit &. Run Investigations - Mandatory Release (22655'b) : C)..... 26 8.4 Questions, Problems, or Controversy Associated with Vehicle Ielease.... 26 8.5 Expert Training - DMV Document Identification ... ....26 9.0 MINIMUM TRUCK EQUIPMENT AND STORAGE LOT REQUIREMENTS 9.1 Minimum Tow Truck Requirements 27 9.2 Minimum Tow Truck Equipment Requirements . 27 9.3 Tow Truck Identification 28 9.4 Tow Truck Lighting Equipment28 9.5 California Highway Patrol Inspection Certification n. 28 9.6 Tow Truck I'ai.tenance. - - - 29 Contract for Towing & Impound Services iV City of National City Oct I, 2021 —Sept 30, 2023 and A to Z Enterprises, Inc., DBA RoadOnc 163 of 550 9.7 Storage Lot, Minimum Requirements. +..29 9.8 Minimum Lighting Requirements - Storage Lot..... !30 9.9 Vehicle Examination Area, 30 9.10 Secure Area - Evidentiary Vehicles t , . , , . . . ... . ........ 30 9.11 Special Operations. •. l... .........i,.•. ....r......30 10.0 INSURANCE REQUIREMENTS IT 10.1 Minimum Insurance Requirements, . , 31 10.2 Primary Insurance. .!,$.;.l32 10.3 Claims Made vs. Occurrence Form .32 10.4 Aggregate Insurance Limits 32 10.5 Insurance Company 32 10.6 Insurance Certification Requirement 32 10.7 Insurnce Requirement - Extension Option...,........ 32 10.8 Limitations of Liabilities and Obligations. . 33 10.9 Sub -Contractor Insurance Requirement .........33 11.0 CONSTRUCTION Jf AGREEMENTO.........m...w.wwwwww...........33 ATTACHMENT A Towing Fee Schedule 35 ATTACHMENT NVIR Fee Applicable CVC NCMCSections•! l r r a. r r r r r r r. 35 ATTACHMENT Fee - Applicable CVC Sections 39 Contract for Towing &. Impound Services v City ofNational City Oct 1, 2021 —Sept 30, 2023 and A to Z Enterprises, Inc., DBA RoadOne 164 of 550 AGREEMENT FOR TOWING AND IMPOUND SERVICES BETWEEN THE CITY OF NATIONAL CITY AND A TO Z ENTERPRISES, INC., DBA ROADONE This Agreement for Towing and Impound Services ("Agreement") is made and entered into in the City of National City, State of California, on this 2 th day of August , in the year 2021, by and between the City of National City, a municipal corporation ("City"), and A to Z Enterprises, Inc., D.B.A. RoadOne ("Contractor") for towing and impound services. RECITALS Whereas, the City of National City requires professional towing and impound services to maintain the safety of the public right-of-way and to seize and secure vehicles in accordance with the laws of the State of California and the National City Municipal Code, ordinances and regulations of the City of National City; and Whereas, the City has adopted ,a process for the selection and designation of professional towing contractors to provide towing, impound and storage service upon the request of the National City Police Department; and Whereas, on May 6, 2021, a Request for Proposal ("RFP") was issued for towing and impound services for the City, to which Contractor responded; and Whereas, the tow committee comprised of City staff evaluated the proposals and presented their report to Council for consideration at the September 7 g 2021 City Council meeting; Whereas, the staff report detailed the evaluation process, explained the evaluations of the proposals, including whether the proposals met the RFP requirements, and recommended awarding contracts to the top two operators; and Whereas, Contractor, participated in a competitive process through. the RFP, and together with another towing contractor has been found to provide the best overall value to the City, including having the best qualifications and capability of providing the highest quality, professional towing services for the City of National City; and Whereas, the City of National City desires to have two towing and impound operators perform exclusive towing service within the City of National City and Contractor represents and warrants it is experienced and staffed in a manner such that it is capable and prepared to deliver the services required by the City of National City within the time frames herein provided, all in accordance with the terms and conditions of this Agreement. NOlvV,THEREFORE, the City of \ational City and Contractor mutually agree to the terms and conditions as follows: Contract for Towing & Impound Services 1 City of National City Oct 1, 2021 —Sept 30, 2023 and A to Z Enterprises, Inc., 2A-D DBA RoadOne 165 of 550 REFINITION OF TERMS 1.0 Police Tow shall mean the towing of vehicles at the direction of the National City Police Department where the consent of the owner or operator or their agent of thevehicle is not required under existing law. This shall inolude but is not limited to the towing of motor vehicles that are illegally parked, abandoned, evidence in a criminal investigation, disabled due to collision or mechanical failure (pursuant to Section 22500 of the Vehicle Code) or otherwise subject to the authority of the National City Police Department. Li Police Referral Tow shall mean the towing of a vehicle by the National City Police Department at the request of the vehicle owner, operator, or their agent. Samples include mechanically disabled vehicles, vehicles disabled as a result of collision, or any other circumstances where the public right-of-way is impacted. 1.2 On -Demand Tow means the towing of a vehicle by a towing company that has been requested by the vehicle owner, operator, or their agent, without police involvement. On -Demand tows may include owners or agents of private property landholders who arrange for vehicle towing service from private property without police involvement. If the police department becomes involved in arranging for tow service, the matter is considered a"Police Referral Tow". On -Demand Tows are considered independent services outside the scope of this Agreement. 1.3 Secondary Tow is defined as the impound of a vehicle on orders of police under the authority of California Vehicle Code Sections 22655 or 22655.5 and the vehicle is brought to the National City Police Department for evidence processing. The secondary tow occurs when the police direct the original Contractor to retrieve and store the vehicle on Contractor' s property. 1A Collision Tow The owner or operator of a vehicle involved in a non -criminal traffic collision may select a tow company of their own choosing. However, if in the opinion of the investigating police officer an unreasonable delay would result, or unnecessary delay would negatively impact access to the public right-of-way, the investigating officer may consider the matter a "Police Tow" and cause the removal of the vehicle. If the vehicle is towed on orders of the investigating officer, the officer shall complete the Vehicle Report (CHP 180), citing 22500 California Vehicle Code as the authority for impound. No special hold or police authorized release is necessary. 1.5 .esnonse Time is defined as the elapsed time between the relaying of the tow service request by the National City Dispatch Center or a City Employee to the Contractor and the arrival of the specific tow truck type requested to fulfill the tow need on scene. Under most situations, a call for field service will be relayed by the Police dispatchers via telephone to the tow contractors. However, there is a needto allow for direct requests to the tow contractor by any NCPD employee. This may be done by phone or in person to either the Contractor's dispatcher or to a tow truck driver that is already on the scene of an NCPD requested tow, when there is a need for additional services. Contract for Towing & Impound Services City ofNational City Oct 1, 2021—Sept 30, 2023 and A to Z Enterprises, Inc., DBA RoadOne 166 of 550 1.6 Dispatch Center is the Police Department's multifunction emergency and non - emergency telephone/radio operators. 1.7 Contract Year is defined as any one year, 365 day period during the term of this Agreement. The first contract year begins on October 1, 2021 and ends on September 30, 2022. The second contract year begins on October 1, 2022 and ends on September 30, 2023. There are two 2 successive years in this Agreement. 1.8 Fee Schedule is defined as the fees charged by Contractor to the owner, operator, or agent of the subject vehicle for various services charged by Contractor. The fee schedule is approved and authorized by a majority vote of the City of National City, City Council. The fee schedule includes itemized charges for numerous towing and storage services including but not limited to hook up fees, dolly fees, daily storage fees, after - hour release fees, etc. The Fee Schedule is Attachment A to this document. Attachment A and the fees may be adjusted as set forth in Section 7.0. 1.9 Towing Program Fee is a fee from Contractor to City and is authorized by California Vehicle Code Section 12110 b . It is defined as a quarterly fee charged to Contractor(s) by the City in connection with the award of a franchise for the towing services for the City. The Towing Program Fee is designed to compensate the City for its actual and reasonable costs incurred by the City to process and administer towing services. The Towing Program Fee may be adjusted during the term of this Agreement as set forth in Section 3.4 of this Agreement. The payment of the Towing Program Fee is set. forth in Sections 7.5, 7.6, 7.7, and 7.8. 1.10 Negligent Vehicle Impound Release Fee ("NVIR") is authorized by the City Council. The Negligent Vehicle Impound Release Fee is defined as a fee charged to the owner, operator, or agent of a vehicle that violated certain specified sections of the California Vehicle Code or National City Municipal Code. The NVIR fee is one hundred twenty-four 124 dollars. The NVIR fee may be adjusted during the term of the agreement as set forth in Section 7.0 of this Agreement. This fee is collected by Contractor on behalf of City. 1.11 Administrative Review Fee: is a fee charged to the vehicle owner, operator or agent and is collected by the contractor, on behalf of the City. The fee is one hundred and fifty ($150) dollars. The fee supports the staff time utilized to process and administer requests and appeals from unlicensed drivers for release of their vehicles prior to the 30 days prescrbed by the California Vehicle Code. This includes a hearing with the Police Traffic Supervisor. The "Administrative Review Fee" may be adjusted during the term of the Contract at the discretion of the City._The fee off -sets the administrative costs of the program.. 'I'his fee is charged to the vehicle owner, operator or agent and is collected by Contractor on behalf of City. The Administrative Review Fee may be adjusted during the terra of this Agreement as set forth in Section 7.0. Contract for Towing & impound Services 3 City of National City Oct 1, 2021 —Sept 30, 2023 and A to Z Enterprises, Inc., DBA RoadOne 167 of 550 ADMJNISTRATIONAND ANA+ EMENT OF AGREEMENT EEMEI _T 2.0 Agreement Approval This Agreement for towing service shall become effective when the City Council of the City of National City has reviewed and approved the Agreement and it has been fully executed by Contractor. 2.1 Entire Aureernent This Agreement supersedes any prior agreements, documents, negotiations and communications, oral or written, and contains the entire Agreement between the parties as to towing and impound services, No subsequent agreement, representation, or promise made by ether 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. 2.2 Administration of Agreement Each party designates thebelow individuals as the "Contract Administrator" for the party. The Contract Administrator is authorized by the party to represent the party in the administration of this agreement. The Contract Administrator shall monitor the progress and execution of this Agreement. The Contract Administrator may delegate duties and responsibilities to subordinates to insure functional management, supervision and operation of this Agreement. Contract Administrator for the City of National- it Jose Tellez, Chief of Police National City Police Department 1200 National City Blvd., National City, CA. 91950 (619) 336-4511 Management and Operations Traffic Division Sergeant National City Police Department 1200 National City Blvd., National City, CA 91950 (619) 336-4475 Insnection Onerational Sunervision Traffic Division Sergeant National City Police Department 1200 National City Blvd., National City, CA 91950 (619) 336-4475 Contract for Towing & impound Services 4 Oct 1, 2021 —Sept 30, 2023 City of National City and A to Z Enterprises, Inc., DBA RoadOnc 168 of 550 Contract Administrator for: A to Z Enterprises, Inc. DBA RoadOne Brad Ramsey A to Z, Enterprises, Inc. DBA RoadOne 9150 Chesapeake Dr., Suite 240 San Diego, CA 9212 2.3 Cooperation and Consultation The designated City employee(s) and Contractor shall regularly consult during the term of this Agreement in order to achieve the objectives of this Agreement. Throughout the term of this Agreement, Contractor shall permit access to its offices, facilities, files and records relating to the operation and management of this agreement. Upon request of the City, the Contractor shall provide copies of files, materials or records relating to the towing, impound, and disposition of any vehicle towed as a result of this agreement. 2.4 Conlnl ance 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. 2.5 Licenses, Permits. Etc. Contractor represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession, and as required in the +ity's Request for Proposal for this Agreement. 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, insurance or approval which is legally required for the Contractor to practice its profession. 2.6Disputes Except as otherwise provided in this agreement, any dispute concerning a question of fact arising under any term of this Agreement which is not disposed of by this Agreement shall be decided by the Chief of Police who will furnish the decision to the Contractor in writing. Contractor shall proceed diligently with performance of this Agreement pending receipt of the decision of the Chief of Police. The decision of the Chief of Police is final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, arbitrary, capricious or so grossly erroneous as to necessarily imply bad faith. The "Disputes" clause does not and is not intended to preclude consideration of legal questions in connection with decisions provided in the above paragraph. Nothing in this Agreement shall be construed as making final the decision of any administrative official, representative, or council on a question of law. Contract for Towing & Impound Services Oct 1, 2021 —Sept 30, 2023 City of National City and A to Z Enterprises, Inc., �'' DBA RoadOne adOne 169 of 550 2.7 Mediation Arbitration If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego County, California, in accordance with the Comm.ercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The cost of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego County, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the cost of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 2.8 Legal Fees. If any party brings a suit or action against the other party arising from any alleged 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 from the other party all costs and expenses of suit, including expert and attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorneys' 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. Attorneys' fees to the prevailing party, if other than the City, shall not exceed the amount of attorneys' fees incurred by the City in its prosecution or defense of the action, irrespective of the actual amount of attorneys' fees incurred by the prevailing party. ,9 Indemnification and Hold IHar riles , The Contractor agrees to indemnify, defend, and hold harmless the City of National City, its officers, employees, agents, 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, defense costs or reasonable attorneys' fees, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, in any way resulting from, related to., or arising out of the Contractor's performance or other obligations under this Agreement. The 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 terra, on this Agreement. Contract for Towing ', Impound Services City of National City Oct 1, 2021—sp and A to Z Enterprises, Inc., 31 DBA. RoadOne • • • • j 170 of 550 2.10 Business Records (10650 CVC et seq.) Contractor shall maintain and retain data and records of all tow services furnished, including description of vehicles, nature of service, date, time of notification by City, time of tow truck dispatch, time of arrival of tow truck at scene, location of calls, total itemized charges of towing and storage, and the description of all vehicles towed and/or stored at the initiation of the City. If the vehicle is sold at lien sale, data shall be maintained documenting all liens against the vehicle, monies received as a result of the sale, identification of the purchaser, and the amount of monies forwarded to City and state. Alt such data and original towing and storage records shall be maintained in an accessible location. The Contractor shall make available and permit the City without notice during normal business hours to audit, examine and make excerpts, copies, or transcripts of all data and records with respect to the towing and storage of vehicles initiated by the City. If Contractor employs, assigns or contracts with a third -party vendor to manage or process the DMV required processing regarding lien sale vehicles, Contractor shall make available all relevant records, data or documents regarding lien sales. Contractor shall waive any privacy rights in order to permit City to inspect, review and copy any relevant record in possession of a third -party vendor. 2.11 Prohibition AgLinst Use of Privileged Information Contractor shall not use for personal gain, transmit, or disclose any privileged or confidential information that is acquired from or obtained as a result of information gathered from the management or operation of this Agreement. For the purpose of this section, "Privileged or Confidential Information" shall include City or police department records unrelated to towing and storage of vehicles, DMV information, or Criminal History information. 2.12 Inependent Contractor Contractor shall for all purposes arising out of this Agreement, be an independent contractor. Contractor and employees of Contractor shall not be deemed employees or agents of City. it is expressly understood and agreed that the Contractor and its employees shall in no event, as a result of this Agreement, be entitled to any benefit to which City employees are entitled, including but not limited to overtime, retirement benefits, workers' compensation benefits, injury leave, medical leave, unemployment or any other leave benefits. 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 herein set forth, and the Contractor expressly agrees not to represent that the Contractor or the Contractor's agents, servants, or employees are in any manner agents, servants, and employees of the City, it being understood that the Contractor, its agents, servants, and employees are as to the City wholly independent contractors and that the Contractor's obligations to the City are solely such as are prescribed by this Agreement. Contract for Towing & Impound Services Oct 1, 2021 —Sept 30, 2023 City of National City and A to Z Enterprises, Inc., "b 471- DBA Ioador e 171 of 550 2.13 Assignment 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 assigned by 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 as the Contractor may deem necessary for the proper and efficient performance of this Agreement. Contractor has represented it has sufficient staffing to perform pursuant to this Agreement* Contractor agrees it shall not subcontract any towing or impound services. Any other type of work that is subcontracted shall require written consent of the City. All agreements by Contractor with its subcontractor(s) shall require the subcontractor(s) to adhere to the applicable terms of this Agreement. 2.14 WorkersCompensation 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 Government Code and all amendments thereto; and all similar State or Federal acts or laws applicable; and shall indemnify, defend 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 attorneys' 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 Contractorunder this Agreement. 2 15 Non -Discrimination Provision The Contractor will 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 fo ins 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. 2,16 Conflict of Interest and Political Reform Act obli-atians During the term of this Agreement, the Contractor shall not perform services of any kind for any person or entity whose interest's conflict in any way with those of the City of National City. The Contractor also agrees not to specify any product, treatment, process Contract for Towing & Impound Services City of National City Oct I, 2021 —Sept 30, 2023 and A to Z Enterprises, Inc., DBA RoadOne 172 of 550 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 corning before the City in which the Contractor has a direct or indirect 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. Contractor further warrants and represents that Contractor will immediately advise the City Attorney if Contractor learns of an economic interest of Contractor's that may result in a conflict of interest for the purposes of the Political Reform. Act, and regulations promulgated thereunder. 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 by the Contractor. 2.17 Termination of Agreement A. This Agreement may he terminated with or without cause by the City. Termination without cause shall be effective only upon 6 0 -day' s written notice to the Contractor. During said -day period the Contractor shall perform all services in accordance with this Agreement. B. This Agreement may 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 in Section 2.21. I. In the event of termination, all finished or unfinished memoranda, reports, 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 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 Contractor's breach, if any. 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 Contractor for the benefit of creditors; or (3) a business reorganization or change in business status of the Contractor. F . If Contractor is terminated during the period of performance for any of the reasons stated above or is no longer able to perform for any reason, then the City may unilaterally select another tow operator to replace the terminated or no longer performing Contractor. The selection of such other tow operator, and whether to select another tow operator, shall be at the sole discretion of the City. In the event another tow operator is Contract for Towing & Impound Services City of National City Oct 1, 2021 —Sept 30, 2023and A to Z Enterprises, Inc., DBA RoadOne 173 of 550 selected by the City per this Section, that other tow operator will be required to comply with the same terms of this Agreement or its amendments, including the accepted and adopted fee rate schedule. 2.18 Charges and Fees. Contractor is authorized and responsible for the collection of all applicable towing and storage charges, and any fee authorized or required by City to defray costs to City for the management and operation of this agreement, prior to releasing a vehicle. 2.19 Inspection City shall require no less than an annual inspection of Contractor and its facilities t(-) insure conformance and compliance with the provisions of the California Vehicle Code and this agreement. Responsibility for said inspection rests with the National City Police Department Traffic Division Sergeant and/or their designee. Said inspections shall be conducted during normal business hours butmay be conducted without prior, advanced notice. Upon completion of inspection, the Traffic Division Sergeant shall submit a written report to the Contract Administrators and/or City staff. 2.20 otice of Termination 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 of 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, thedate 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 telex, telecopy, facsimile or fax, when sent. Any notices, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CITY: Jose Tellez, Chief of Police ational City Police Department 1200 National City Blvd National City, CA. 91950 Contract for Towing & Impound Services Oct 1, 2021 —Sept 30, 2023 l 0 City of National City and A to Z Enterprises, Inc., DBA RoadOne 174 of 550 To the CONTRACTOR: Brad Ramsey A to Z Enterprises, Inc. DBA RoadOne ne 9150 Chesapeake Dr., Suite 240 San Diego, CA 92123 TERM OF AGREEMENT OPTIONS. AND RE -OPENERS 3.0 Duration The duration of this Agreement shall be for two (2) years with options for extension. .1 Relevant Dates This Agreement begins at 0001 hours on October 1, 202 1, and teminates at 2400 hours on September 30, 2023. 3.2 option to Renew The City of National City reserves the option to renew the Agreement up to three (3) successive one (1) year periods under the terms and conditions herein stated, beginning on the anniversary of the commencement of service, including any amendments. The renewal option is at the discretion of the City's Contract Administrator. The renewal is contingent on a mutual agreement between the City and the Contractor, with such agreement to be confirmed by the Contract Administrator within sixty (60) days prior to the expiration of the contract period. The City of National City or the Contractor may decline to confirm the renewal of the Agreement for any reason whatsoever, which shall render the renewal option null and void. The City's initial letter informing the Contractor of the City's interest in exercising its option to renew the contract does not constitute an award of the option period. Any option acceptance must be confirmed by the City of National City in writing, before it becomes valid. The City will not grant an option if the Contractor requests an increase which exceeds the average percentage variant for the previous twelve (1) months in the Consumer Price index for Urban Wage Earners and Clerical Workers (CPI-W) for the National City area, as published by the Bureau of Labor Statistics, or five percent (5%) whichever is less.. If a price increase is requested, the Contractor must provide detailed supporting documentation to justify the requested increase. The City will evaluate the requested increase, which the City reserves the right to accept or reject the requested increase. 3.3 Re -Opener Clause - Tong Program Fee After the first twelve consecutive month period of this Agreement, City may review all tow data to determine the actual number of Police and Referral Tows in the preceding Contract for Towing & Impound Services 11 Oct 1, 2021 -Sept 30, 2023 3 �o City of National City and A to Z Enterprises, Inc., DBA RoadOne 175 of 550 twelve-month period and to determine whether the Towing Program Fee warrants adjustment. The Towing Program Fees may be adjusted up or down, as determined by City, based upon the actual and reasonable costs incurred by the City to process and administer towing and impound services, which may include, but is not limited to, review of the number of vehicles referred to the Contractor and review of increased costs. If appropriate, City shall consider implementing a per vehicle towing program fee to offset costs incurred by the police department in processing and administering towing services. City may also compare and consider towing program fees charged by other law enforcement jurisdictions in San Diego County for towing services. 3.4 e-onener Clause - Fee Schedule After the first twelve consecutive month period of this Agreement, the Contractor may submit to the Chief of Police a request for an increase to the fee schedule set forth in Attachment A, seeking to adjust the fees consistent with the community standard for police towing in San Diego County. The request shall include a comparison of relevant fees in each law enforcement jurisdiction in San Diego County. City shall assist and consult with Contractor to provide Contractor with accurate data. The Chief of Police shall make appropriate comments, recommendations and submit the material for City Council consideration. 3.5 ,Re -opener Clause — Administrative Review Fee After the first twelve consecutive month period of this Agreement, City may review the number of Administrative Review hearing held within a 30 day period to determine whether an adjustment is warranted. The Administrative Review Fee may be adjusted up or down based upon data. The percentage 0-day impound fee may be adjusted up or downbased upon the data. RESPONSE TIMLEXCEPTIONS AND_PENALTY ASSESSMENT 4.0 Resnonse Time Response time is defined as the elapsed time between the relaying of the tow service request by the Dispatch Center or a City Employee to the Contractor and the arrival of the specific tow truck type requested to fulfill the tow need on scene. (For example: NCPD Dispatch phones in a request for a low profile truck to tow an evidence hold vehicle to the underground parking lot of NCPD. The response of a NON low profile tow truck which cannot accommodate towing the vehicle into the underground parting lot of NCPD does not qualify as fulfilling the Response Time requirement.) The Response Time for Towing Service shall not exceed twenty minutes for tows inside the jurisdictional limits of City. Due to the limited number of out of City of National City jurisdiction towing service requests, response times shall be evaluated on an individual basis for towing service requests outside of the jurisdictional limits of City. Complaints or irregularities involving out of jurisdiction towing requests shall be managed between the Contract Administrators. Contract for Towing & Impound Services Oct 1, 2021 —Sept 30, 2023 12 S City of National City and A to Z. Enterpriss, Inc., DT A RoadOne 176 of 550 The Contractor is expected ted to dispatch immediately any available tow truck that will fulfill the tow need on scene upon receipt of a towing request. The Contractor is expected to notify the National City Police Dispatch Center when the response time requirement cannot be met. The Police Dispatcher or the officer at the scene will have the discretion to cancel the tow if the response time cannot or is not met and re -dispatch to a Secondary tow Contractor, at no cost to City. "Secondary tow contractor" refers to the next tow company in rotation. 4.1 Response Time Computation Response time is cornputed from the time the police dispatcher emers the request for a tow into the dispatch CAD system and the Contractor arrives on scene. The on -scene investigating officer shall notify dispatch of the tow truck arrival. The police department computer aided dispatch system shall be the final resolution of any actual time dispute regarding response times. Any failure to record relevant times by the on -duty dispatcher shall not be considered in any penalty assessment. 4.2 Resnonse Time Penalty Failure to arrive at the requested location within the prescribed response time may result in cancellation of the service request. The secondary tow contractor may be notified. 4.3 Response Time - Penalty Assessment Contractor shall pay a five hundred dollar $ 00.O0) penalty if more than five percent (5%) of the tows in any calendar month period exceed the maximum response time requirement. This is calculated based on individual tow per any single request by the City for towing services and not average response times. Failure to meet Response Time requirements may result in termination of this Agreement.. ON -CALL CONTRACTOR AND CONTRACTOR R ROTATION SCHEDULE 5.0 Contractor On -Call & Rotation The Contractor on -call rotation shall run, for two contractors - from 0001 hours on the first dayof the month to ,rnidni ht on the 1 5th of the month for one contractor and day from 0001 hours on the 1 to day of the month to midnight on the last day of the month. The Traffic Division Sergeant will do the selection for the on -call rotation at the beginning of each contract year. The Traffic Division Sergeant will select the Contractor rotation by an impartial means agreeable to contractors involved. Should all Contractors not meet an agreement as to means the Traffic Division Sergeant will make the selection, the means will be directed by the Chief of Police and the Chief s decision will be final. Any Contractor selected as the first in the rotation schedule at the beginning of a contract year will begin the first day of the contract. Contract for Towing & Impound Services 13 City of National City Oct 1, 2021 —Sept 30, 2023 and A to Z Enterprises, Inc., Z?;) DB A RoadOne 177 of 550 It is understood that the number of contractors selected divided into the number of days per month may not result in each contractor having the same number of •overall tow days per year. In the event this Contract is extended pursuant to section 33 Option for Renewal, the schedule will continue to rotate as reflected.. GENERAL DUTIES, REOUIREMENTS AND OBLIGATIONS .0 Business License Contractor shall at all times during the term of this Agreement retain a valid City Business License in compliance with National City Municipal Code Section 6.04 et seq. Contractor businesses and storage lots located within the jurisdictional limits of the City of National City roust conform to all City of National City building ordinances, zoning regulations., land use requirements and must have the approval of the City Planning Department. Contractor businesses and storage lots located outside the jurisdictional limits of the City of National City must conform to all City (if located within an incorporated City) or County (if located within an unincorporated. County area) building ordinances, zoning regulations, land use requirements within the jurisdiction of location. 6.1 Contractor Availability - Response to Service Re uests Contractor shall be available to promptly respond twenty-four (24) hours a day, seven (7) days a week, including all holidays, consistent with the On -Call and Rotation Schedule, for all requests initiated by City for towing services. Upon award of Agreement, Contractors shall operate a dispatching system. The tow dispatching system shall be sufficiently staffed and equipped to accept all telephone calls, without delay, twenty-four (24) hours a day, seven (7) days a week. Delay is defined as the City or the public receiving no answer after six rings or busy signal to their telephone call. Contractors using paging systems are requiredto respond to a page within five (5) minutes of the initial page by the City. The City does not currently have plans for adding automated tow dispatching to the existing NCPD dispatch system. Therefore, the City is not requiring any Contractor to purchase equipment to be used to integrate into an automated tow dispatching system. it will be up to the Contractor to ensure they are able to meet the response time requirements of the Contract by whatever means they deem appropriate. Since there are no current plans to add automated tow dispatching to the existing NCPD dispatch system there are no minimum requirements established for sucha system upgrade at this time. Contract for Tom in & Impound Services 14 City of National City Oct 1, 2021—Sept 30, 2023 and A to Z Enterprise, Inc., LBA RoadOne 178 of 550 6.2 ontractor Towing Forfeited Vehicles The Contractor shall tow all forfeited vehicles, as ordered by the City. The Contractor shall not drive the forfeited vehicles except to move them within the storage facility. Use of vehicles for personal use or other use not permitted herein is strictly prohibited, and constitutes a material breach of this Agreement. In the event it is found that a towed vehicle is subject to forfeiture, the City shall arrange for the vehicle to be picked up from the Contractor's storage facility and the Contractor shall invoice the National City Police Department for all towing and storage fees. 6.3 Contractor Availability - vehicle Release Contractor shall be available to release vehicles to their owners, agents or authorized representatives, twenty-four 4 hours a day, seven (7) days a week, including all holidays. 6.4 Business Office Contractor shall maintain a functional business office within the location of the yard used to store police initiated tows. 6.5 Business Office Hours Contractor shall adequately staff their business office in order to remain open and available to meet the public during the normal business office hours. The business office of the Contractor shall be located within the storage yard for which a towed vehicle is located and be open to serve the public and the City from 0 800 to 1800 hours, Monday through. Friday, except for City observed holidays. City observed holidays are: New Year's Day, Dr. Martin Luther King Jr.'s Birthday, Caesar Chavez Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and the Friday after. and Christmas Eve and Christmas Day. 6.6 Cpntractor's Employees All driversmust maintain a professional appearance. Staff shall work in a neat and clean uniform. The Contractor shall furnish staff with a shirt or some other type of outerwear bearing the company name and logo. Appropriate clothing will be worn at all times including by employees that are being trained. Ali employees will conduct themselves in a professional manner when interacting with the public or City employees. Within ten (10) days of award, Contractor shall provide the National City Police Department Traffic Division Sergeant with the names of all employees that will be assigned to the Agreement. Drivers and other employees associated with the processing and removal of vehicles shall be subject to a complete background investigation. The Contractor will notify, within ten 1) days, National City Police Department Traffic Division Sergeant whenever an employee is terminated or a new employee is hired that is Contract for Towing & Impound Services 15 Oct I , 2021 --Sept 30, 2023 Ari D City of National City and A to Z Enterprises, Inc., DBA RoadOne 179 of 550 assigned to perform duties under the Agreement or may have access to vehicles impounded pursuant to police request. Contractor shall ensure that all tow truck drivers responding to calls initiated by the City are properly licensed, qualified and competent employees. The Contractor shall ensure all tow truck drivers are trained and proficient in the use of the tow truck and related equipment, including, but not limited to, the procedures necessary for the safe towing and recovery of ALL vehicles. All tow truck drivers shall possess the proper class license and certificates for towing vehicles, along with a Class 'A' endorsement to allow operation of special vehicle configurations and/or special cargos. Contractor's employees shall be qualified to perform all work undertaken by or assigned to them. In the event a driver or the equipment is inadequate and the Contractor is unable to service the request, a charge for service or labor will not be permitted. Contractor shall have all tow truck drivers involved with N PD's rotation tow operations participate in a controlled substance and alcohol testing (CSAT) program. 1) Drivers requiring a Class A, Class B, or commercial Class C license (endorsed for hazardous materials transportation) shall participate in a CSAT program as defined in the Code of Federal Regulations, Title 49, Parts 40 and 382. 2) Those drivers that are not required to possess a Class A, Class B, or commercial Class C license shall be enrolled in a CSAT program substantially similar to the requirements as outlined m Section 1) above. 3) The Contractor shall ensure selection pools for commercially and non - commercially licensed drivers are maintained. separately. The Contractor shall provide proof records of their CSAT programs to NCPD. 4 A driver possessing a non-commercial driver's license who tests positive but subsequently returns with a negative test result shall meet the same reinstatement requirements as a driver required to possess a commercial driver's license. #7 Sins In compliance with California Civil Code Section 3070 (E), Contractor shall display inside the business office, in plain view at the cashier's station, a sign. Said sign shall not be less than 17 by 2 inches in size, with lettering not less than one inch in height, disclosing all storage fees and charges in force, including the maximum daily storage rate. Posting of the Fee Schedule (Attachment A) in the appropriate size and lettering complies with CCC Section 3070 (E). Additionally, Contractor is required by California Vehicle Code Section 22850.3 (b)to display in a conspicuous place a notice to the effect that a vehicle impounded at the direction of the Police Department may only be released upon proof of current registration. Said notice must include the name and telephone number of the local police agency that caused the vehicle to be stored. Contract for Towing & Impound Services 16 City of National City Oct 1, 2021—sept 30, 2023and A to Z Enterprises, Inc,, 4\ DBA RoadOne 180 of 550 6,8 Method of Payment - Towingor Storage Charges 022 51.1 CV ) At a minimum, Contractor shall accept a valid bank credit card or cash for payment of towing and storage by the registered owner, legal owner, or the owner's agent claiming the vehicle. Pursuant to California Civil Code Section 174 .1, Contractor shall not impose a surcharge on a cardholder who elects to use a credit card in lieu of cash for payment of any fees pursuant to this Agreement. In addition, Contractor shall have sufficient finds on the premises to accommodate and make change in a reasonable monetary transaction. .9 Storage of Vehicles; Cite Seized Contractorshall immediately provide written notice to the National City Police Department Traffic Unit whenever a city vehicle or seized vehicle is stored in excess of forty-eight (48) hours. Failure to provide the required written notification to the City may result in forfeiture of Contractor's right to storage fees. The Contractor shall provide invoices to the National City Police Department Operations Assistant for the towing of each City owned andeach seized vehicle. The invoices shall include the description of the vehicle, the date, time, origin, and disposition of the towed vehicle, name and identification number of City employee authorizing the tow and/or storage, the mileage starting and finishing at destination, and an itemized cost of services provided (mileage, number- of storage days) commensurate with the attached rate schedule. Invoices shall be delivered to the National City Pol ice Department Operations Assistant no later than the fifteenth (15th) of the month following services rendered. City shall make payment for services rendered on a monthly basis from month previous. 6 10 Removal from Private Prop erg Pursuant to California Vehicle Code Section 22658(h), a towing company may impose a charge of not more than one-half of the regular towing charge for the towing of a vehicle at the request of the owner of private property or that owner's agent pursuant to this section if the owner of the vehicle or the owner's agent returns to the vehicle before it is removed from private property. The regular towing charge may only be imposed after the vehicle has been removed from the property and is in transit. Pursuant to sub -section (i) (2), if a vehicle is released within 24 hours from the time the vehicle is brought into the storage facility, regardless of the calendar date, the storage charge shall be for only one day. Not more than one day's storage charge may be required for any vehicle released the same day that it is stored. 6.11 Notice to City - Private Property Impounds In addition to the requirements set forth in California Vehicle Code Section 22658, Contractor agrees to notify the National City Police Department of all vehicle impounds from private property, within the jurisdictional limits of City, that result in storage of the vehicle. Notice shall include but not be limited to a complete description of the vehicle including the vehicle identification number, location of impound and name of property owner or agent who authorized the impound. Notice shall occur within one hour of taking Contract for Towing & Impound Services Oct 1, 2021 —Sept 30, 2023 17 City of National City and A to Z Enterprises, Inc., DBA RoadOne 181 of 550 possession of the vehicle. Generally, private property impounds are considered On - Demand Tows. 6.12 Gratuities (12110 CVO Contractor or Contractor's employees shall not offer or provide City, and no City employee shall accept any direct or indirect commission, reduced fee, gift, recreation, favors, seasonal gratuity, or any compensation whatsoever from Contractor. No City employee shall offer or provide Contractor with any gift, recreation, favor, seasonal gratuity, or any compensation whatsoever. No City employee is permitted to purchase a lien sold vehicle from Contractor that resulted from a police initiated tow or referral tow. City employees shall not purchase any vehicle or vehicle part from Contractor for a reduced fee or a fee below the prevailing rate as determined by industry standards. The intent of this section is to avoid the mere appearance of impropriety involving the contractual relationship. Contractor or Contractor's employees are prohibited from accepting any money or anything of value from a repair shop for delivery or the arranging of a delivery of a vehicle for the purpose of storage or repair. Nothing in this section is intended to preclude Contractor from charging a repair shop appropriate towing fees pursuant to the Fee Schedule. No benefit provided to City by Contractor, or benefit provided to Contractor by City, as defined in the terms and conditions of this Agreement that resulted fromthe process of negotiations, shall be considered a gift or gratuity within the meaning of this section. 6.13 Tow Truck Driver - On -Scene Duties Upon arriving on -scene of a police initiated tow, the Contractor's employee shall report to the investigating peace Officer in charge. The officer -in -charge shall make every reasonable effort to inform Contractor's employee of any unusual circumstance or hazardous condition reasonably known to the officer. Contractor's employee shall make every reasonable effort to inform the officer -in -charge of any unusual circumstance or hazardous condition undetected by the officer -in -charge. The officer -in -charge may request additional towing services from the Contractor's employee and the officer -in - charge shall have the authority to waive the lespo►nse Time requirements for additional services based on the on -scene needs. Contractor's employee shall make every reasonable effort to comply with instructions or directions provided by the officer -in - charge. Contractor's employee may make any emergency alterations reasonably required to safely move and/or impound vehicles. Contractor shall be responsible for removing and appropriately disposing of collision related debris from the public right-of-way to ensure public safety. Contractor shall also remove or render inert any liquid debris that may reasonably be considered a safety hazard to the public -right-of-way. If the removal of any type of debris or hazardous material is beyond the capability of Contractor, Contractor's employee shall inform the officer -in -charge so accommodations can be made. Contract for Towing &. Impound Services Oct 1, 202I —Sept 30, 2023 City of National City and A to Z Enterprises, Inc., DBA Road 0n+e 182 of 550 6.14 Access to Stored Vehicles During regular business hours, Contractor shall make vehicles stored at the request of City available to that vehicle's registered owner, a person who can be verified to be the registered owner's agent, insurance agents, insurance adjusters, or representatives of automotive repair businesses for the purpose or estimating or appraising damages. 6.15 Access to Stored Vehicles — Removal of Private Prouertv Pursuant to California Vehicle Code Section 251 (b, no lien shall attach to any personal property in or on the vehicle. The personal property in or on the vehicle shall be given to the current registered owner or the owner's authorized agent upon demand. The lien holder shall not be responsible for personal property after any vehicle has been disposed of pursuant to Division 11, Chapter 10 of the California Vehicle Code. Pursuant to California Civil Code Section 3068.1, the lien is deemed to arise on the date ofpossession of the vehicle. Possession is deemed to arise when the vehicle is removed and is in transit. 6.16 Access to Evidentiary Vehicles Vehicles impounded by City for investigative purposes pursuant to California Vehicle Code Sections 22655 or 22655.5 shall be held in maximally secured, nonpublic areas of Contractor's property, until the vehicle is released by order of City or in conformance with section 8.3 of this Agreement. No person other than a Police Officer, Reserve Police Officer, Field Evidence Technician, Property & Evidence Unit employee or Crime Scene Specialist employed by City shall remove any property or other contents from evidentiary vehicles. Property removed from such vehicles shall be recorded as removed on the content inventory and the content inventory dated and signed by the Police Officer, Reserve Police Officer, Field Evidence Technician, Property & Evidence Unit employee or Crime Scene Specialist removing the property and by a representative of the Contractor. 6.17 Invoices All invoices for towing and impounds pursuant to this Agreement shall clearly and individually itemize each and every specific charge or fee type. Daily storage fees shall be itemized on a per day basis, for example: 10 days storage @ $ per day. All itemized City fees of all types shall be documented on the invoice. The customer shall be provided no less than one copy of the invoice, after all fees have been paid and the invoice marked "Paid. 11 6.18 Vehicle Impound Control Card (PD form 250) A Vehicle Impound Control Form (PD Form 250) shall be completed when a police hold is placed on a towed vehicle. The impounding officer shall obtain a ease number and enter thecase number on the control card before giving the tow truck driver a copy of the control card. Contract for Towing & Impound Services 19 City of National City Oct 1, 2021 —Sept 30, 2023and A to Z Enterprises, Inc., 41-4 DBA RoadOne 183 of 550 Contractor shall not be liable for uncollected City Administrative Review Fees when the Vehicle Impound Control Card (PD Form 0) is not properly completed by the impounding officer. PD Form 250 shall contain the lawful authority to impound pursuant to the California Vehicle Code. However, the impounding officer may elect to use the words "Admire Fee Applies" listed in the OTHER section of the form. 6.19 proceeds from Lien sale I-n conformance with California Civil Code Section 3073 and California Vehicle Code Section 22850.5, the proceeds from the lien sale of any vehicle impounded pursuant to the Negligent Vehicle Impound Release (NVIR) program or the Administrative Review Fee shall be distributed in the following order: l . Any and all costs necessary to discharge the lien, including but not limited to impound and storage fees, and the costs of processing the vehicle for lien sale shall be paid to the (lien holder) Contractor. 2. Any and all City administrative fees, including individual fees or any partial fees associated with the Administrative Review and/or NVIR programs, shall be paid to City. Any partial fees recovered by City, resulting from the lien sale, shall first be attributed to the Administrative Review program. 3. The balance, if any, shall be forwarded to the California Department of Motor Vehicles for deposit in the Motor Vehicle Account in the State Transportation Fund. 7.0 Fee Schedule Attachment A to this Agreement provides a complete schedule of all charges and fees the Contractor will be authorized to collect from consumers for towing, impound, and storage services rendered on behalf of City. The Attachment A rate schedule shall remain in place unless and until amended by the City Council of the City of National City, pursuant to section 3.5 Re -Opener - Fee Schedule, of this Agreement. The schedule of rates charged by the operator shall be available in the tow truck, and shall be presented upon demand to person(s) for whom the tow services were provided, or his/her agent, or any representative of the City at the scene. In the event of a significant or substantial increase in operating expenses, which was not caused by any action of the Contractor, a temporary surcharge may be added in the current rates for any and all of the services provided pursuant to this agreement. The. Contractor shall petition the City for the increase in towing and storage rates and provide supporting documentation. Any surcharge is subject to approval by the City. Rate changes may be sought and approved at the discretion of the City. This process may be instituted by routine cost of service evaluation by the City or by request of the Contractor. It is understood that there may be a need for rate: changes during the term of Contract for Towing & Impound Services Oct 1, 2021 —Sept 30, 2023 20 City of National City► and A to Z Enterprises, Inc., DBA RoadOne 184 of 550 the Contract. Therefore, during the term of the Contract, should any Contractor make a request for rate changes, the Contract Administrator will forward the request appropriately for consideration. No rate adjustments will be considered without City Council approval. Any cost -of -living increase to the tow rates shall be calculated from the Consumer Price Index (CPI) as published for the first quarter of each calendar year. In any year in which this index is not available, the City shall ascertain and utilize some similar criterion and establish, retroactively, a figure for the computation. Any increase in the City Standard Rates will trigger a proportional increase in the City's Towing Program Fee beginning of J my 1st of each contract year. 7.1 Secondary Tow Fees Secondary towing fees are the responsibility of the vehicle owner, operator or agent. If it is determined that City is liable for the secondary tow fees, Contractor shall charge City 50% of the Basic Tow Fee for Secondary Tows, if applicable. No storage fees shall accrue while the subject vehicle is in the actual possession of the National City Police Department. Police personnel shall not release a vehicle from the National City Police Department until all Contractor fees have been paid to Contractor by the vehicle owner, operator or agent. In the event a vehicle is released from the police department and Contractor fees were not paid, City shall be liable for the Bill fee. 7.2 City Vehicle Tow Fees Contractor agrees not to charge City a fee for the towing of marked or unmarked City police vehicles whether the tow resulted from mechanical breakdown or collision within the jurisdictional limits of National City. Contractor shall charge City 25% of the Basic Tow Fee for the towing of all other City vehicles whether the tow resulted from mechanical breakdown or collision within the jurisdictional limits of National City. Fees for all City vehicle tows including police vehicles, which occur outside the jurisdictional limits of National City, shall be resolved between the Contract Administrators but shall not exceed 2% of the basic tow fee. 7.3 Fees - Police Department Errors and omissions When any vehicle has been directed by the City to be towed and it is established that the tow was in error through a mistake of fact, Contractor shall release the vehicle to its owner, operator or agent at no cost. Contractor shall hill City at no more than 50% of the basic tow fee. If an error by City results in a vehicle being stored longer than it can reasonably be established that it should have been, Contractor shall release the vehicle and bill the owner, operator or agent only thosestoragecharges that would have accrued if no error Contract for Towing . Impound Services Oct 1, 2021 —Sept 30, 2023 21 (P City of national City and A to Z Enterprises, Inc., D B A RoadOne 185 of 550 had occurred. Contractor shall bill City storage fees at no more than $2.50 per day for every day beyond the owner, operator or agent's responsibility. If the error in towing or storage is discovered after the vehicle owner, operator or agent recovers the vehicle and all fees have been paid to Contractor, the owner, operator, or agent may be referred to the City Clerk, City of National City to file a Claim for Damages against City. 7,4 Towing Pro ram Fee. The total annual Towing Program Fee due to the City shall be two hundred eighteen thousand eight hundred eighty nine dollars 21 , , divided equally amongst the tow operators awarded contracts, and paid quarterly. Contractor shall make quarterly Towing Program Fee payments to City for the right to provide towing andstorage service to City. The minimum Towing Program Fee payment amount per Contractor, when two contractors have been awarded, shall be fifty four thousand seven hundred twenty two dollars ($54,722) per quarter. The Towing Program Fee shall be payable for a period of two years subject to adjustments as defined in Section 3.4 - Re -Opener Clause — Towing Program Fee. The Towing Program fee shall continue in the above described manner in the event of a Contract extension renewal. 7.5 Towing Program Fee - Due Date The Towing Program Fee payment shall be due and payable no later than the fifteenth (1 th day of the calendar month following the end of each quarter, pursuant to the following schedule: First Contract Year; Qiarter End Dates. 1st Quarter — January 15, 2022 nd Quarter — April 15, 202. 3rd Quarter — July 15, 2022 4t Quarter— October 15, 2022 Second Contract Year: Ouarter End Dates 1 t Quarter — January 15, 2023 nd Quarter -- April 15, 2023 rd Quarter — July 15, 2023 4th Quarter — October 15, 2023 7.6 Towing Program Fee - Late_Fe , Any amount owed to the City more than fifteen (15) calendar days beyond the due date, shall be considered delinquent and will be in breach of contract. Failure to pay any amount owed to the City may result in the Contractor being suspended from the contract until such amount is paid. Interest will be charged on unpaid amounts at an annual rate Contract for Towing & Impound Services 22 City of National City Oct 1, 2021 —Sept 30, 2023 41 and A to Z Enterprises, Ins., DBA RoadOne 186 of 550 equal to twelve (1 % percent per annum, or at the maximum rate permitted by applicable law, whichever is lower. Partial payments will not be accepted. 7.7 Towin Yro rain Fee Pavrnents, The Towing Program Fee is payable to "City of National City." Payments shall be directed as follows: Operations Assistant National City Police Department 1200 National City Blvd National City, CA 91950 Upon receipt and no later than five days from receipt., the Operations Assistant shall record and account for the Towing Program Fee payment consistent with the terms of this agreement and forward the payment to the City Finance Department for deposit in Revenue ,Account Number 001-11000-3558. 7.8 a ;li ent ' J.icle Impound Release (N I ) Fee The Negligent Vehicle Impound Release Fee shall be an amount established by City. Said fee is one hundred twenty four ($124) dollars. The :ss, VIR fee is recognized as a necessary and effective method of generating those revenues necessary to offset program costs, services and facilities. The NVIR fee applies only to vehicles released by Contractor for violating certain sections of the California Vehicle Code (CVC) and/or the National City Municipal Code (CC. See Attachment B for a list of applicable sections. 7.9 NVIR Fee - Collection Contractor shall collect the \ I fee of one hundred twenty four 1 4) dollars per vehicle, upon the release of any vehicle impounded pursuant to the above listed CaliforniaVehicle Code sections. Contractor shall remit the collected fees to City pursuant to the below listed payment schedule. The collected NVIR_ fees shall be properly identified and itemized. 7.10 NVIR Fee - Payment Due Date NVIR fees collected by Contractor shall be due and payable to City no later than the fifth (5th) day of each month and the twentieth (20th)day of each month. Payments due on the fifth t11) day of each month shall include and account fiat- ail vehicles released by Contractor between the sixteenth(16ffi)day of the month, and the y last day of the month, (inclusive). Payments due on the twentieth ( 'h) day of the month shall include and account for all vehicles released by Contractor between the first (1st) day of the month and the fifteenth (15th) day of the month, (inclusive). Contract for Towing & impound Services Oct i, 2021 —Sept 30, 2023 23 City of National City and A to Z. Enterprises, Inc., D BA RoadOne 187 of 550 7.11 NVIR Fee -Payments The NVIR Fee is payable to "City of National City." Payment shall be directed as 1411 \vs: Operations Assistant National City Police Department 1200 National City Blvd National City, CA 91950 Upon receipt and no later than five days from receipt, the Operations Assistant shall record and account for the NVIR Fee payment, consistent with the terms of this agreement and forward the payment to the City Finance Department for deposit in Revenue Account Number 0 1-11000-3 551. 7.12 VTR Fee Payment - Late Fee .Any amount owed to the City more than fifteen 1 calendar days beyond the due date, shall be considered delinquent and will be in breach of contract. Failure to lay any amount owed to the City may result in the Contractor being suspended from the contract until such amount is paid. interest will be charged on unpaid amounts at the maximum rate permitted by law. Partial payments will not be accepted. 7.13 Administrative Review Fee The Administrative Review fee shall be an amount established by City. Said fee is one hundred fifty ($1 50) dollars. The Administrative Review fee is recognized as a necessary and effective method of generating revenues necessary to offset program costs. services and facilities, Vehicles impounded by City pursuant to California. Vehicle Code 1 500(a) and 1.4601.1 shall be releasedby City,upon expiration of a 30 day hold and shall only be released by City upon a showing of proof that the owner, operator or agent has a valid driver's license. Contractor shall collect Administrative Review fees prior to the actual release of the vehicle. Contractor shall remit the collected fees to City pursuant to the below listed payment schedule. The Administrative Review fees shall be properly identified and itemized. The Administrative Review fee applies only to vehicles impounded pursuant to certain California vehicle Code Sections. (See Attachment C for a list of applicable sections . 7.14 Administrative Review Fees - Due Date The. fees collected by Contractor shall be due and payable to City no laterthan the fifth (5th) day of each month and the twentieth(20th) day ofeach month. y Payments due on the fifth (5th) day of each month shall include and account for all vehicles released by Contractor between the sixteenth (16th) day of the month, and the last day of the month, (inclusive). Payments due on the twentieth (20t11)day of the month shall include and account for all vehicles released by Contractor between the first (1st) day of the month and the fifteenth Contract for Towing & Impound Services 24 City of National City Oct l , 2021 —Sept 30, 2023and A to Z Enterprises, DBA RoadOne 188 of 550 (15) day of the month, inclusive. 7.15 Administrative Review Vee -Payment The Administrative Review fee is payable to "City of National City." Payment shall be directed as follows: Operations Assistant NationalCity Police Department 1200 National City Blvd National City, CA 91950 Upon receipt and no later than five days from receipt, the Operations Assistant shall record and account for the Administrative Review fees consistent with the terms of this agreement. The Administrative Review fee of one -hundred fifty ($150) dollars per vehicle shall be divided anddeposited with the City Finance Department as follows: Amount Revenue Account Number S 125.00 00 1-11110- 550 $ 25.00 001-11000-3550 7.16 Administrative Review Late Fee Any amount owed to the City more than fifteen (15) calendar days beyond the due date, shall be considered delinquent and will be in breach of contract. Failure to pay any amount owed to the City may result in the Contractor being suspended from the contract until such amount is paid. Interest will be charged on unpaid amounts at an annual rate equal to twelve (12%) percent per annum, or at the maximum rate permitted by applicable law, whichever is lower. Partial payments will not be accepted. VEHICLE RELEASE 8.0 General Rule - Vehicle Release As a general rule, Contractor shall be responsible for the release of all vehicles in Contractor's possession as a result of police initiated or referral tows. .l E cen►tions to General Rule Vehicles impounded pursuant to the following California Vehicle Code Sections shall not be released by Contractor. Contractor shall refer the vehicle owner, operator or agent to the police department to obtain a release: 1. 14602.6 — Suspended Driver's License 2. 2 651 i) - Five or more Parking Citations 3. 22655 - Hit & Run Investigation 4. 22655.5 - Evidentiary Reasons 5. And as otherwise required by the California Vehicle Code Contract for Towing & Impound Services Oct 1, 2021 —Sept 30, 2023 25 �V City of National City and A to Z Enterprises, Inc., DBA RoadOne 189 of 550 8.2 Hit & Run In ;esti .ti a - Mapdatory Release 22655(b) cyc Any vehicle impounded for hit & run investigation (20002 thru 20006 CVC), pursuant to the authority of California Vehicle Code Section 22655, shall be released within 48 hours after removal from highway or private property. When determining the 48 hour period, weekends, and holidays shall not be included. Any vehicle not released by City within the maximum 48 hour period, shall be released by Contractor upon demand of the vehicle owner, operator or agent upon the expiration of the 48 hour period, regardless of City hold status. 8.3 Qiestions Problems. or Controversy Associated with vehicle Release. In the event Contractor experiences problems, questions or controversy associated with a customer demanding the release of a police initiated or referral tow, Contractor shall notify the police department. Additionally, if Contractor discovers a questionable DIM document, an officer shall be dispatched to resolve the problem. 8.4 Ex_ ertTrainin _ - I I Cy_Do urnerrt cnti� n During the term of this Agreement and at Contractor's request, City may provide Contractor, Contractor's employees, and new employees with training in the identification and recognition of all relevant California Department of Motor Vehicles documents including but not limited to California Driver's License and California Vehicle Registration documents. A recognized expert employed by the California Department of Motor vehicles shall conduct training. Training shall include but not be limited to recognition and identification of counterfeit, altered, or forged California Driver's License and California Registration and Title Certificates. The Contract Administrators shall coordinate date, time and location of training. MINIMUM TRUCKTRUcK EOU1PMENT and STORAGE LOT REOUIREMENTS TS At all times diming the term of this Agreement, Contractor shall meet the following minimum tow truck equipment requirements and storage lot requirements: 9.0 Minimum Tow Truck Requirements During the term of this Agreement, Contractor shall have available no less than three tow rigs of at least one -ton capacity. Each tow rig shall have dual rear wheels. Each vehicle used for towing police impounds shall have a manufacturer's gross vehicle weight rating (GVWR) of not less than 14,500 pounds. During the term of this Agreement, Contractor shall have a tow rig capable of towing large, oversize vehicles; including Class (minimum 26,001 GVWR), Class C (minimum 48,000 GVWR), and Class D (niinimum 52,000 GVWFO. During the terra of this Agreement, Contractor shall have a truck with Landoll type trailers acceptable for Class C and Class D towin. In addition, during the term of this Agreement, Contractor shall have available one tow rig, commonly known as a `Sub -Garage Tow. Vehicle," capable of entering and removing impounded vehicles from the underground parking garage of the National City Police Department. The sub -garage tow vehicle is a limited use vehicle and does not require dual wheels or a GVWR of 14,500 pounds. Contractor shall have a vehicle capable of Contract for Towing & Impound Services 26 City of I atio-al City Oct 1, 2021 —Sept 30, 2023 5 I and A to Z Enterprises, Inc., D13A RoadOne IL 190 of 550 towing/recovery from off road areas. .1 Minimum Tow Truck Equipment Requirements Each tow truck responding to requests for police initiated towing and impound services shall be equipped with radio communications equipment capable of effecting two-way radio communications between the tow truck operator and Contractor's dispatching operation. Citizen Band radios shall not be used to meet this requirement. Each tow truck shall have a maximum 8,000 pound capacity winch that is power driven by power takeoff from transmission, in both directions, and equipped with safety dogs or an adequate braking system. Winches must be fitted with a minimum of 1 0 feet of cable for recovery tasks. Roll back car carriers must be fitted with a minimum of 50 feet of cable. All cable (wire rope) must be maintained in good condition. Only wire rope with swaged ends, wedge locks or braided ends, with metal sleeves in the loops shall be approved for use under the terms of this agreement. Consistent with the California Code of Regulations, Title 13, Section 1305(b), wire rope is not in good condition when it is stranded, knotted, crushed, excessively rusted, kinked, badly worn, when there are 12 or more wires broken in lay length, or where there is other visible evidence of loss of strength. Contractor shall maintain dollies for use by in-service tow trucks providing police towing services to City. Each tow truck, with the exception of slide back carriers, shall carry its own set of dollies. Each tow truck shall be equipped with no less than two safety chains. No less than two safety chains shall be used for each vehicle being towed. Each safety chain shall be rated at no less than the rating specified by the original equipment manufacturer (OEM). The safety chains shall be securely affixed to the bed frame or wrecker boom, independent of the towing sling, bar, hitch, wheel lift, or under lift towing equipment. The towed vehicle shall be secured to the towing equipment independent of the safety chains by either two chains or two straps. All safety connections and attachments shall have a positive means, of sufficient strength, to ensure that the safety connection or attachment cannot become disengaged while in transit. Vehicles being transported on slide back carriers shall be secured by four tie down chains or straps, independent of the winch or loading cable. In addition to the requirements set forth in California Vehicle Code Section 27700, City requires Contractor to equip each tow truck with red flares, lanterns or reflectors, hand tools (screw drivers, pliers, ratchet and sockets, crescent wrenches, metric and standard lug wrenches), bolt cutters, six foot crowbar, rope, broom, shovel, dustpan, fire extinguisher (dry chemical or carbon dioxide type), utility flood lamps, portable red taillights and stoplights for towed vehicles, equipment for opening locked vehicles, safety snubber chains, and a trash can with absorbent material. Each tow truck shall be equipped with disposable (one time use) latex or rubber gloves for use by Contractor's employees to prevent contamination or contact with potential blood borne pathogens. The decision to use said equipment rests solely with Contractor. Contract for Towing & Impound Services Oct 1, 2021—Sept 30, 2023 27 in, City of National City and A to Z Enterprises, file., DBA Roadne 191 of 550 9.2 Tow Truck Identification Each tow truck responding to police initiated towing and impound services shall, on both sides of the vehicle, conspicuously bear Contractor's company name, local address, and local phone numbers in lettering that complies with California Vehicle Code Section 27907. 9.3 Tow Truck Lighting Equipment Each tow truck responding to police initiated towing and impound services shall be equipped with lighting systems as required by California Vehicle Code Sections 24605, 24606 and 25253. Additionally, tow trucks shall be equipped with utility lamp lighting systems than comply with California Vehicle Code Section 25110. 9.4 California Highway Patrol Inspection Certification During each year of this Agreement, Contractor shall obtain and retain an annual California Highway Patrol (CHP) tow truck safety inspection certification. Contractor shall annually be able to show proof that every vehicle in each category required for service under this Agreement providing services to the City has passed a CHP tow truck safety inspection. Tow trucks not passing, inspections or meeting the requirements of this section shall immediately be removed from rotation. The tow truck may return to rotation once the truck has successfully passed a re -inspection by the original inspecting agency. othing in this section is intended to prevent, or preclude the National City Police Department from performing periodic unscheduled inspections to insure compliance with the requirements of the California Vehicle Code and this Agreement. 9.5 Tow Truck Maintenance Each tow truck responding to police initiated towing and impound services shall be well maintained and reasonably clean on the exterior and interior and should reflect the clean, professional image of the City of National City. 9.6 Storage Lot, Minimum Requirements There shall be a minimum of one (1) vehicle storage yard within a ten (10) mile radius from City Hall, 1243 National City Boulevard, ational City-, with adequate storage capabilities for all vehicles retrieved from the City and requiring storage. The Contractor shall identify the exact location and size of any storage yards to be used pursuant to this contract. The storage yard shall be approximately 10,000 sq. ft. and have space necessary to accommodate all Police Department tows and comply with all applicable Building Codes and Zoning Regulations (including but not limited to: Fire, Sign, Zoning, and Building Codes). There shall also be the following: 1. Be completely enclosed by an -foot solid high fence with a lockable gate. Contract for Towing & Impound Services 28 Oct 1, 2021 —Sept 30, 2023 53 City of National City and A to Z Enterprises, Inc., DBA RoadOne 192 of 550 Construction of the fence and gates must be of sufficient construction to prevent entry into the storage area of unauthorized persons or vehicles. 2. Alarms and intrusion sensors that provide immediate notification capabilities at all times or similar devices or security measures. 3. Sufficient lighting to detect unauthorized entrance at night. 4. The storage yard shall be served by drainage facilities adequate to prevent the accumulation of standing water. The vehicle storage area must remain free of mud, pools of standing water, debris, or other elements that would be harmful to the stored vehicle, vehicle contents, or to persons viewing, inspecting or recovering the vehicles. The vehicle stora.ge area, including all driveways and access roads, shall be surfaced in a manner so as to prevent the listed conditions. An acceptable surface includes concrete, asphalt, asphaltic concrete, or decomposed granite with oil.. 5. All areas open to vehicular traffic shall be paved with cement, asphalt surfacing or oil andaggregate mixture. 6. The entire site is to be continuously maintained to prevent accumulation of trash, combustible waste, and hazardous debris. 7. The storage yard must be a reasonable distance from public transportation. Stored vehicles shall be arranged to provide reasonable and immediate inspection at any time by the City's agents. The Contractor shall provide service to the public twenty-four (24) hours a day, seven (7) days a week so that an owner may pay towing and storage fees at the Storage Yard where their vehicle is stored and obtain its release. The Contractor is responsible for the reasonable care, custody, security, and control of any property contained in towed or stored vehicles. All items removed from a vehicle or left stored within the vehicle shall be released to the owner or agent of the impounded vehicle upon demand during normal business hours unless the vehicle is under law enforcement Hold. Vehicles may not be taken off -site of the Storage Yard, without the City's permission. .7 Minimum Lighting Requirements - Storage Lot There must be adequate lighting, and all yard and office construction must comply with applicable building codes, fire codes, and zoning regulations. The minimum lighting requirements per ten thousand (10,000) square feet are in effect unless zoning or other local regulations dictate increased or diminished lighting requirements: 1. Four 4) 300-Watt incandescent medium -wide flood lights, or 2. Three 300-Watt quartz halogen lights, or 3. Two 1 [ 0 -Watt high-pressure sodium lights. Contract for Towing & Impound Services Oct 1, 2021 --Sept 30, 2023 29 City of National City { and A. to Z Enterprises, Inc., IBA Road one 193 of 550 9.8 Vehicle Examination Area Contractor will set aside an area of sufficient size to place a standard sized passenger sedan and have a minimum of forty-eight (48") inches from each side, the front, and rear of the vehicle for the purpose of inspecting the vehicle. This examination area must be Flat, level, and paved with concrete, asphalt or asphaltic -concrete, or other suitable all weather surfaces. 9.9 Secure Area - Evidentiary Vehicles Vehicles impounded by City for investigative purposes shall be held in a maximally secured, non-public area of Contractor's property until released by City. Contractor shall insure, by the use of various security devices and measures, including but not limited to walls, fences, containers, buildings or the like, that no unauthorized person, whether intentionally or accidentally can come into physical contact with evidentiary vehicles. Located within the storage yard, Contractor shall set aside a secure area, sufficient in size to hold four vehicles, with sufficient room to walk around, open doors,, and examine each separate vehicle. ,10 Special Operations During the Contract period, it is anticipated that numerous special police operations may be conducted that require the towing of vehicles. An example of this type of operation is a Sobriety/Driver's License checkpoint. The Police Department will attempt to equally distribute these special operations between the Contractors. However, many of these operations have special date or period requirements beyond the control of the Police Department. Due to these special requirements, a Contractor may obtain more operations than the other Contractors. The Contractors agree to this potentially inequitable distribution of special operations as a City Contractor. INSURANCE REOUIREIVIENTS 10.0 Minimum Insurance Requirements All required insurance shall be submitted to the City prior to the granting of the provisional award. Failure to provide the insurance certificates as previously set out shall cause the bid to be rejected as non -responsive. The Contractor shall maintain insurance in full force and effect during the entire period of performance under contract. Failure to do so shall be cause for immediate termination of the contract. All policies must have a thirty (30) day cancellation clause, giving the City thirty (30) days prior written notice in the event a policy is cancelled. At the end of each contract year, the City reserves the right to review insurance requirements and to require more or less coverage, depending upon assessment of the risk, the Contractor's past experience, and the availability and affordability of increased liability insurance coverage. Contract for Towing & Impound Services 30 Oct 1, 2021 —Sept 3D. 2023 5�5 City of National City and A to Z Enterprises, Inc., DBA RoadOne 194 of 550 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: vIl according to the current Best's Key Rating Guide, or a company of equal financial stability that the City's Risk Manager approves. 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 "LARA") and otherwise meet rating requirements All policies must be endorsed to provide that the insurance afforded by Contractor is primary to any insurance or self-insurance maintained by City and its elected officials, officers, employees, agents, and representatives as respects operations of the Named Insured. Any insurance or self-insurance maintained by City and its elected officials, officers, employees, agents, and representatives shall be in excess of Contractor's insurance and shall not contribute to it. The following coverage is required: Commercial Genera.] Liability Insurance, with minimum limits of either $2,000,000 per occurrence and $4,0OO,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. . Automobile Liability for a minimum of two million dollars combined single limit ($2,000,0O0.00 CSL) per person and four million dollars ($4,000,000.00) per accident. The City of National City must be named as an additional insured on the certificate. Garage Keepers minimum of one million dollars each occurrence ($1,000,000.00 EO). On Hook/Cargo in amounts not less than fifty thousand dollars ($0,000.00) / twenty thousand dollars ($20,000.00) /one hundred thousand dollars (S100,000.00), the maximum deductible shall be no more than two thousand five hundred dollars (S2,500E00). Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of the 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.. The City does not require a performance bond. 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 the contract. Contract for Towing & Impound Services Oct l , 2021 --Sept 30, 2023 31 r, DLO City of National City and A to Z Enterprises, Inc., DBA RoadOne 195 of 550 Any aggregate insurance limits must apply solely to the Contract. The Certificate Holder for all policies of insurance required by this Agreement shall be: City of National City c/o Risk Manager 1243 National City Boulevard National City, CA. 1 0-43 7 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. 11.0 CONSTRUCTIONF AGREEMENT The parties acknowledge and agree that (1) each party is of equal bargaining strength; (2) each party has actively participated in the drafting, preparation and negotiation of this Agreement; 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 andall matters contemplated under this Agreement; (4) each party and such party's counsel and advisors have reviewed this Agreement; (5) each party has agreed to enter into this Agreement following such review and the rendering of such advice; and 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 attachments, or any amendments hereto. IN ITN WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. (Signature Page to Follow] Contract for Towing & Ipound services Oct 1, 2021 -Sept 30, 2023 32 6 City of National City and A to Z Enterprises, Inc,, DBA RoadOne 196 of 550 CITY OF NATIONAL CITY By: Alejaiidra Sotelo Solis, Mayor APPROVED AS TO FORM: Charles E. Bell Jr. City Attorney A TO ENTERPRISES, INC. DBA ROADONE By: d By: —.. • _ - r Contract for 'rowing & impound Services 33 ,-9.ca Oct 1, 2021 --Sept 30, 2023 tor q Owner City of National City and A to Z. Enterprises, Inc:., DBA Road nc 197 of 550 ATTACHMENT A TOWING FEE SCHEDULE SERVICE FE E BASIC TOWING Includes first hour hookup, labor, standby time, for vehicles under 9,500 GVW (unloaded). $ 180.00 • MEDIUM SIZE - BASIC TOWING Includes first hour hookup, labor, standby time, for vehicles over 9,500 GVW 205.00 but less than 22,000 GVW (unloaded). LARGE SIZE - BASIC TOWING Includes first hour hookup, labor, standby time, for vehicles over 22,000 GVW (Unloaded). $ 225.00 • ON -SCENE OR STAND-BY Labor Each 15-minute increment,beyond first hour is charged only when extra ordinary labor must be expended to recover a vehicle. Stand-by is charged when the job cannot be started and must be explained on the tow bill. S 40.00 • DOLLIES Will only be used when there is not a less expensive, safe manner of handling the situation. 55.00 • DRY RUN May also be known as a "hook-up — drop fee" and is charged when the vehicle. is hooked up and the owner returns before the vehicle is in transit. 50.00 • PER MILE TOWING Applies only to vehicles recovered outside the jurisdiction of the City of 5.00 National City. • MAXIMUM STORAGE - PER DAY $ 45.00 Y Per day is defined as a 4-hour period. • STORAGE PER HOUR i5.00 Up to maximum of $15.00 per hour. • AFTER HOURS VEHICLE RELEASE After 6 p.m. and before 8 a.nt including weekends and all holidays. $ 65.00 • NOTIFICATION OF LIEN SALE Vehicle valued at less than 4.000 (22851.12 CVC). Contract for Towing & Impound Services 34 Oct 1, 2021 —Sept 30, 2023 S 70.00 City of National City and A to Z Enterprises, Inc., DBA RoadOne 198 of 550 • NOTIFICATION OF LIEN SALE Vehicle valued at over $4,000. (2285 Li2 CVC). $ 100.00 • POLICE EQUIPMENT TOWING Inside jurisdictional limits of National .al City. No Charge • CITY EQUIPMENT TOWING Includes all City vehicles. Also includes police vehicles towed from outside j urisdictinallimits of National City. • EVIDENTIARY TOWING AND STORAGE Daily storage fees for City/vehicles, seized vehicles, and vehicles for basic evidentiary purposes. 25% basic tow fee 25% of daily storage fee 25% of Basic Towing Fee • TOWING OF VICTIMS VEHICLES $60.0O CITY ADMINISTRATIVE FEE'S • NEGLIGENT VEHICLE IMPOUND RELEASE FEE $124.00 • SERIOUS TRAFFIC OFFENDER PROGRAM FEE $150.00 Contract for Towing & Impound Services 35 Oct 1, 2021—Sept 30, 2023 (e0 City of National City and A to Z Enterprises, Inc., DB A RoadOne 199 of 550 ATTACHMENT Pursuant to Section 7.9 of this Agreement, the Negligent Vehicle Impound Release Fee shall apply to vehicles impounded pursuant to the following California Vehicle Code sections and/or National City Municipal Code sections. One or more the listed sections must be included on the impounding documents. California Vehicle Code 22500 et seq. Prohibited Stopping, Standing, or Parking 22500.1 Prohibited Stopping, Standing, or Parking: Fire Lane 22651 (a) Unattended on Bridge 22651 (b) Hazard to flow of traffic 22651 (d) Blocking a driveway 22651 e Blocking fire hydrant access 22651 (h) Operator taken into custody - not practical to park or lock 22651 i Unpaid parking citations 22651 Illegally parked and no evidence of registration displayed 22651 (k) Parking over 72 hours 22651 (1) Temporary tow away signs for street repair 22651 m Highway authorization for other use, with 4-hour notice 22651 No parking tow away signs posted 22651 0) (1) Expired registration in excess of six months 22651 (p) Unlicensed or suspended/ revoked license in violation of 12500, 14601, 14601.1, 14601., 14601.3, 14601.4, 14601., or 14604. 22651 (r) Illegally parked, blocking a legally parked vehicle 22652 Illegally parked in designated handicapped parking space 22653Removal from private property, at request of property owner, when operator is taken into custody 22655Hit & Run suspect vehicle 22656 Illegally parked or abandoned within 7-1/2 feet of nearest railroad rail 22669 t seq. Removal of Abandoned Vehicles as determined pursuant to section 22523 CVC Contract for Towing & Impound Services Oct 1, 2021—Sept 30, 2023 36 cQ City of National City and A to Z Enterprises, Inc., DBA RoadOne 200 of 550 11.32.060 1132.070 11.32.160 11.32.250 National City Municipal Code, Illegally parked - 72 hour violation - vehicle removal Illegally parked - Restricted hours - vehicle removal Illegally parked - Emergency parking - vehicle removal Illegally parked - Taxi Stand - vehicle removal Contract for Towing & Impound Services 37ce Oct 1, 2021 -Sept 30, 2023 City of National City and A to Z Enterprises, Inc., IBA RoadOne ATTACHMENT Pursuant to Section 7.14 of this Agreement, the Serious Traffic Offender Program Fee shall apply to vehicles impounded pursuant to the following California Vehicle Code Sections. One or more of the following sections must be included on the impounding documents. California Vehicle Code 22651(p) Includes Sections 12500, 14601, 14601.1, 1401,, 14601.3, 14601.4, 14601.5 r 14604. 22651(h)(2) Upon service of notice of an order of Suspension or Revocation, pursuant to 13388 CVC. 14602.6 Unlicensed, Suspended or Revoked and involved in traffic collision. Sub- section (b) - Certified Mail, 2-day notice to legal owner. Failure to notify legal owner results in maximum fee for 15 days vehicle storage. 14602.7 Fleeing a Peace Officer - Court Order upon affidavit of Peace Officer, to seize vehicle, not to exceed 30 days. Failure to notify legal owner (2 days' notice) results in maximum fee for 15 days vehicle storage. 14607.6 Impoundment and Forfeiture of Motor Vehicle. Contract for Towing Impound Services 3 8 (12 Oct 1, 2021—Sept 30, 2023 City of National City and A to Z Enterprises, Inc., DBA Road ne • • • • 202 of 550 AGREEMENT BY AND BETWEEN CITY OF NATIONAL CITY AND ALEXANDRA INVESTMENTS, INC. DBA ANGELO'S TOWING & RECOVERY FOR TOWING AID IMPOUND SERVICES October 1, 2021 — September 30, 2023 203 of 550 TABLE OF CONTENTS Title & $Y Page Number 1 Agreement for Towing and Impound Services ; t.. 1 Recitals 1 1.0 DEFINITION OF TERMS 1.1 Police Tow 1.2 Police Referral Tow 1.3 On Demand Tow 1.4 Secondary Tow ■■.i##�.1i. ri i. ■•■ 1.5 Collision Tow ....i....•............. ..• • � ilr...t•r■..•.•...ir*.•a••##1•..•..• #r.■a ...a•..a. R!#1i.#.ii ■2 1.6 Response Tim... , 2 1.7 Dispatch Center.. 3 1.8 Contract Year .3 1.9 Fee Schedule.... #....... � .. •....;. � 3 1.10 Towing Program Fee 3 1.11 Negligent Vehicle Impound Release Fee 3 1.12 AdministrativeReview Fee, fftllrra■r..a.....r•...i.ii F.�...■■.. •��.■*. 2.0 AAND MANAGEMENT OF AGREEMENT .1 Agreement Approval ... • 2.2 nire Agreement • 4 .3 Administration of ,Agreement ... .4 Cooperation and Consultation .. 2.5 Compliance with Applicable Law... t..*. ...#.. 2.6 Licenses, Permits, Etc... 2.7 Disputes 2.8 Mediation / Arbitration 1 Contract for Towing & Impound Services Oct I, 2021 —Sept 30, 2023 City of National City and Alexandra Investments, Inc. DBA Angelo's Towing & Recovery • • • • 2.9 Legal Fees , . ■ .. ■ .. ■ ............ . ...... , ..... ■ .... , ............. . 2.10 Indemnification and Hold Harmless , . ■ .... ■ ■ .11 Business Records (10650 CVC et segR .t...a. •... .12 Prohibition Against Use of Privileged Information .13 Independent Contractor 2.14 Assignment ■ 2.15 Workers' Compensation ..;.t.,t... 2.16 Non -Discrimination Provision. ... .1' Conflict of Interest and Political Reform Act Obligations .■ g 2.18 Termination of Agreement ■,#.R....itii..rlart.#tits...r..■.R..i.ttt.*t....■■ia■R•*.#Rt1i■ti...■..... 2.19 Charges and Fees 10 2.20 Inspection ■ 10 2.21 Notice of Termination ,.10 3.0 TERMS of AGREEMENT, OPTIONS, RENEW AND RE .1 Duration # i . ■ 11 3.2 Relevant Dates .11 3.3 option. to Renew ■..i.aRt..iii 11 3.4 Re -Opener Clause Towing Program Fee ,......... .. ........,.;...12 3.5 Re -Opener Clause - Fee Schedule .........,.. .. 12 3,6 Re -Opener Clause Administrative Review Fee. ■ ■ t 12 4.0 RESPONSE TIME, EXCEPTIONS AND PENALTY ASSESSMENT 4.1 Response Time ... ... } 1 4.2 Response Time Computation ;......., .. 13 4,3 Response Time - Penalty .. 13 4.4 Response Tirne - Penalty Assessment 13 5.0 ON -CALL CONTRACTOR AND CSCHEDULE .1 Contractor on -Call & Rotation....a...R,....... . ..... 13 Contract for Towing & Impound Services Oct 1, 2021 —Sept 30, 2023 City of National City and Alexandra Investments, Inc. DBA Angelo's Towing & Recovery • • • • 6.0 GENERAL DUTIES, REQUIREMENTS AND OBLIGATIONS 6.1 Business License 1 i ! i . ; ■ .+. #.. . a i 14 6.2 Contractor Availability - Response to Service Requests ........................... 14 6.3 Contractor Towing Forfeited Vehicles !ia ■ 15 6.4 Contractor Availability - Vehicle Release . i .... . 15 6.5 Business Office 15 6.6 Business office Hours .. 15 6.7 Contractor's Employees #.. 15 6.8 Signs �j F •rt.a ■ ra ■ i.f itIss, i.rr ii.• !.■ r.a r.#. •w..i 1 !, r ■ r..# i iif t ra ■ ■a#. ■ i+ ii 1 iiaaa1 rrra.; ■++i+4 i • 1 6 6.9 Method of Payment - Towing or Storage Charges (22651.1 VC . i . , . , 17 6.10 Storage of Vehicles; City, Seized .... # i i ... .. 17 6.11 Removal from Private Property 17 6.12 Notice to City Private Property Impounds 17 6.13 Gratuities 1 110 ■.■•.•rti !•■aa r.•girt+.■.••■aIY.il..r.4*#..iiff.... ■. r.##ii+.../#Y .. 1 8 6.14 Tow Truck Driver - On Scene Duties . i 18 6.15 Access to Stored Vehicles i.... 19 6.16 Access to Stored Vehicle - Removal of Private Property ....a 19 6.17 Access to Evidentiary Vehicles ..'.....■'sI..'...■■..'...4..f.•..• 19 .18 Invoices i.l.a. i a a 19 6.19 Vehicle Impound Control Card (PD form 250) i. if. i., 19 6.20 Proceeds from Lien Sale .. ,20 7.0 FEES 7.1 Fee Schedule ...20 7.2 Secondary Tow Fees 21 7.3 City Vehicle Tow Fees 21 7.4 Fees - Police Department Errors and Omissions 21 7.5 Towing Program Fee 22 Contract for Towing & Impound Services Oct I , 2021 —Sept 30, 2023 iii Cit • • • • • 206 of 550 ee - 22 •6 Towing Program F Due Date r•■rrrrrrr■#a.rrrw. www*w••rwwrr 7}7 Towing Program Fee - Late Fee 22 7.8 TowingProgram iee - Payments . . . . .................. . ...... ..• .... ******** w•r,.rr. r r. i r w.■4s 23 7.9 Negligent Vehicle Impound Release 1R) Fee 23 7.10 I V I R Fee 23 7.11 IVIR Fee Panment. Due Date 23 7 r 1 Y [R Fee - Payments r■ r.24 7.13 I 7 I Payment Late e #rr.w. .. ■r..rr rr.r..s.■r.*rrrrw.rwrr■ - _ 24 7.14 Administrative Review Fee 24 7,15 Impound Fees - Due Date . . r•#r24 7.16 Fee — Payment merit .#3. r-.: a�.r r-■r■ - - t- - _25 1r#r�■ 7.17 Fee - Late Fee_. ■rr..a.■.•.*• -25 / . 1 30-Day Vehicle Impound Fes rr■■■■■+*rwrr■asrrw.rrrr#.r 25 8.0 VEHICLE RELEASE 8.1 General Rule - Vehicle Release 26 8.2 Exceptions to General Rule.26 8.3 Hit & Run Investigations - Mandatory Release , 55 (b) CV ) . 26 8.4 Questions, Problems, or Controversy Associated with Vehicle Release... 8.5 Expert Training - DMV Document Identification r r...r ■.■ ■...... ■ •26 9.0 MINIMUM TRUCK EQUIPMENT AND STORAGE LOT REQUIREMENTS 9.1 Minimum Tow Truck Requirements 27 9.2 Minimum Tow Truck Equipment Requirements ■ 7 9.3 Tow Truck Identification ■28 9.4Tow Truck Lighting Equipment.. ... r;..r 4....rr... ..r ra r..rr...iiw.................rrr.rrr........ 28 9.5 California Highway Patrol Inspection Certification■28 9.6 Tow Truck ainte11ance. ■ r■r■wr.r..r■.r2 Contract_ for Towing Impound Services iv.?), Oct 1, .0 1 —Sept 30, 3 City of National City and Alexandra Investments■ Inc., DBA An; elo's Towing & Recovery 207 of 550 9.7 Storage Lot, Minimum Requirements.29 9.8 Minimum Lighting Requirements - Storage Lot. # ..,..... ra tff30 9.9 Vehicle Examination Area 30 9.10 Secure Area - Evidentiary Vehicles 30 9.11 Special Oerati ns 30 I 0.0 INSURANCE REQUIREMENTS Hui Minimum Insurance q irem nt 31 10.2 Primary Insurance. ...11.f.#....■■........*,•..f#ff#...■.......i..1.....1ISO #....■.■.11 ..i#ai444411 .r III .....i 2 10.3 Claims Made vs. Occurrence Form 32 10.4 Aggregate Insurance Limits 32 10.5 Insurance Company ..#..32 10.6 Insurance Certification Requirement 32 10.7 Insurance Requirement - Extension option •.1.32 10.8 Limitations f Liabilities and Obligations . 3 10.9 Sub -Contractor Insurance Requirement33 �•. ■trattt..a■...f7#...i ■■...■1■■..1....4 s0 CIIIrS]IRtJCII'IJIN1 f AGJEIEU\'IiE1N1I' 33 ATTACHMENT A Towing Fee Schedule . i .35 ATTACHMENT NVIR Fee - Applicable CVC NCMC Sections 135 ATTACHMENT Fee - Applicable CVC Sections .a..1...,.......#,....39 Contract for Towing & Impound Services Oct 1, 2021 —Sept 30, 2023 City of National City and Alexandra Investments, s, Inc,, DBA Ang lo's Towing & Recovery 208 of 550 AGREEMENT FOR TOWING AND IMPOUND SERVICES BETWEEN THE CITY OF NATIONAL CITY AND ALEXA DER . INVESTMENTS, INC. DBA ANGELO'S TOWING & RECOVERY This Agreement for Towing and Impound Services ("Agreement") is made and entered into in the City of National City, State of California, on this 2561 day of August , in the year 2021, by and between the City of National City, a municipal corporation ("City"), and Alexandra Investments, Inc., D.B.A. Angelo's Towing & Recovery ("Contractor") for towing and impound services. {CT LS Whereas, the City of National City requires professional towing .and impound services to maintain the safety of the public right-of-way and to seize and secure vehicles in accordance with the laws of the State of California and the National City Muni.cipal al Code, ordinances and regulations of the City of National City; and Whereas, the City has adopted a process for the selection and designation of professional towing contractors to provide towing, impound and storage service upon the request of the National City Police Department; and Whereas, on May 6, 2021, a Request for Proposal ("RFP") was issued for towing and impound services for the City, to which Contractor responded; and Whereas, the tow committee comprised of City staff evaluated the and presented proposals their report to Council for consideration at the September 7, 2021 City Council meetin • Whereas, the staff report detailed the evaluation process, explained the evaluations of the proposals, including whether the proposals met the RFP requirements, and recommended awarding contracts to the top two operators; and Whereas, Contractor, participated in a competitive process through the RFP, and together with another towing contractor has been found to provide the best overall value to the City, including having the best qualifications and capability of providing g the highest quality, professional towing services for the City of National City; and Whereas, the City of National City desires- to have two towing impound and im d operators p perform exclusive towing service within the City of National. City and Contractor represents and warrants it is experienced and staffed in a manner such that it is capable and prepared to deliver the services required by the City of National City within the time frames herein provided, all in ,* accordance with the terms and conditions of this Agreement. NOW, THEREFORE, the City of National City and Contractor mutually agree to the terms and conditions as follows: Contract for Towing & impound Services Oct 1, 2021 —Sept 30, 2023 1 City of National City and Alexandra Investments, Inc., oP A Angelo's Towing & Recovery • • DEFINITION OF TERMS 1.0 police Toll shall mean the towing of vehicles at the direction of the National City Police Department where the consent of the owner or operator or their agent of the vehicle is not required under existing law. This shall include but is not limited to the towing of motor vehicles that are illegally parked, abandoned, evidence in a criminal investigation, disabled due to collision or mechanical failure (pursuant to Section 22500 of the vehicle Code) or otherwise subject to the authority of the National City Police Department. 1.1 Police Referral Tow shall mean the towing of a vehicle by the National City Police Department at the request of the vehicle owner, operator, or their agent. Examples include mechanically disabled vehicles, vehicles disabled as a result of collision, or any other circumstances where the public right-of-way is impacted. 1.2 On -Demand Tow means the towing of a vehicle by a towing company that has been requested by the vehicle owner, operator, or their agent, without police involvement. On -Demand tows may include owners or agents of private property landholders who arrange for vehicle towing service from private property without police involvement. If the police department becomes involved in arranging for tow service, the matter isconsidered a "Police Referral Tow". On -Demand Tows are considered independent services outside the scope of this Agreement. 1.3 Secondary Tow is defined as the impound of a vehicle on orders of police under the authority of California Vehicle Code Sections 22655 or 22655.5 and the vehicle is brought to the National City Police Department for evidence processing. The secondary tow occurs when the police direct the original Contractor to retrieve and store the vehicle on Contractor's property. 1.A Collision Tow The owner or operator of a vehicle involved in a non -criminal. traffic collision may select a tow company of their own choosing. However, if in the opinion of the investigating police officer an unreasonable delay would result, or unnecessary delay would negatively impact access to the public right-of-way, the investigating officer may consider the matter a "Police Tow" and cause the removal ofthe vehicle. If the vehicle is towed on orders of the investigating officer, the officer shall complete the Vehicle Report (CHP 180), citing 22500 California Vehicle Code as the authority for impound. No special hold or police authorized release is necessary. 1.5 Response Tirr c is defined as the elapsed time between the relaying of the tow service request by the National City DispatchCenter or a City Employee to the Contractor and the arrival of the specific tow truck type requested to fulfill the tow need on scene. Under most situations, a call for field service will be relayed by the Police dispatchers via telephone to the tow contractors. However, there is a need to allow for direct requests to the tow contractor by any NCPD employee. This may be done by phone or in person to either the Contractor's dispatcher or to a tow truck driver that is already on the scene of an NCPD requested tow, when there is a need for additional services. Contract for Towing & Impound Services Oct 1, 2021 —Sept 30, 2023 z11 City of National City and Alexandra Investments, Inc., DBA Anelo's Towing & Recovery 210 of 550 1.6 nispatch Center is the Police Department's multifunction emergency and non - emergency telephone/radio operators. 1.7 Contract Year is defined as any one year, 365 day period during the term of this Agreement. The first contract year begins on October 1, 2021 and ends on September 30, 2022. The second contract year begins on October 1, 2022 and ends on September 30, 2023. There are two successive years in this Agreement. 1.8 Yee Schedule is defined as the fees charged by Contractor to the owner, operator, or agent of the subject vehicle for various services charged by Contractor. The feeschedule is approved and authorized by a majority vote of the City of National City, City Council. The fee schedule includes itemized charges for numerous towing and storage services including but not limited to hook up fees, dolly fees, daily storage fees, after- hour release fees, etc. The Fee Schedule is Attachment A to this document. Attachment A and the fees may be adjusted as set forth in Section 7.0. 1.9 Towing Program Fee is a fee from Contractor to City and is authorized by California Vehicle Code Section 121100. It is defined as a quarterly fee charged to Contractor(s) by the City in connection with the award of a franchise for the towing services for the City. The Towing Program Fee is designed to compensate the City for its actual and reasonable costs incurred by the City to process and administer towing services. The Towing Program Fee may be adjusted during the term of this Agreement as set forth in Section 3.4 of this Agreement. The payment of the Towing Program Fee is setforth in Sections 7.5, 7.6, 7.7, and 7.8. 1.10 e,' :1' ent Vehi e I . .. oun s Release Ete " I " is authorized by the City Council. The Negligent Vehicle Impound Release Fee is defined as a fee charged to the owner, operator, or agent of a vehicle that violated certain specified sections of the California Vehicle Code or National City Municipal Code. The NVIR fee is one hundred twenty-four 12 dollars. The NVIR fee may be adjusted during the terra of thea, reernent as set forth in Section 7.0 of this Agreement. This fee is collected by Contractor on behalf of City. 1.11 Administrative Review Fee: is a fee charged to the vehicle owner, operator or agent and is collected by th.e contractor, on behalf of the City. The fee is one hundred and fifty . ($150) dollars. The fee supports the staff time utilized to process and administer requests and appeals from unlicensed drivers for release of their vehicles prior to the 30 days prescribed by the California Vehicle Code. This includes a hearing with the Police Traffic Supervisor. The "Administrative Review Fee" may be adjusted duringthe term of the Contract at the discretion of the it ...The fee off -sets the administrative costs of the program.This fee is charged to the vehicle owner, operator or agent and is collected by Contractor on behalf of City. The Administrative Review Fee may be adjusted during the term of this Agreement as set forth in Section 7.0.. Contract for Towing & Impound Services 3 01,2_, Oct 1, 2021 —Sept 30, 2023 City of National City and Alexandra. Investments, Inc., DIVA Angelo's Towing & Recovery ,. I IST TIO __ . E11 1' AGREEMENT 2.0 val This Agreement for towing service shall become effective when the City Council of the City of National City has reviewed and approved the Agreement and it has teen fully executed by Contractor. .1 Entire Agrnnt This Agreement supersedes any prior agreements, documents, negotiations and communications, oral or written, and contains the entire Agreement between the parties as to towing and impound services. 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. 2.2 Administration reernent Each party designates the below individuals as the "Contract Administrator" for the party. The Contract Administrator is authorized by the party to represent the party in the administration of this agreement. The Contract Administrator shall monitor the progress and execution of this Agreement. The Contract Administrator may delegate duties and responsibilities to subordinates to insure functional management, supervision and operation of this Agreement. t Administrator for the City of National City, Jose Tellez, Chief of Police National City Police Department 1200 National City Blvd., National City, C.A. 91950 (619) 336 lJanagment .a.nd Operations Traffic Division Sergeant National City Pol ice Department 1200 National City Blvd., National City, CA 91950 (619) 336-4475 jns.pection .o era ' , t_ Supervision Traffic Division Sergeant National City Police Department 1200 National City Bid., National City, CA 91950 (619) 3336-4475 Contract for Towing & Impound Services Oct 1, 2021 —Sept 30, 2023 ,- City of National City and Alexandra Investments, Inc, DBA Angelo's Towing & Recovery 212 of 550 Contract AcIministrator. for: Alexandra Investments, Inc., DBA Angelo's Towing & Recovery Nashwan J. Habib Angelo Habib Angelo's Towing & Recovery 1177 S. 26th Street San Diego, CA 92113 2.3 Q..operatin an0 Consultation The designated City employee(s) and Contractor shall regularly consult during the term of this Agreement in order to achieve the objectives of this Agreement. Throughout the term of this Agreement, Contractor shall permit access to its offices, facilities, files and records relating to the operation and management of this agreement. Upon request of the City, the Contractor shall provide copies of files, materials or records relating to the towing, impound, and disposition of any vehicle towed as a result of this agreement. 2A o is i h plicable 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. 2.5 Licenses, Permits. Etc. Contractor represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession, and as required in the it's Request for Proposal for this Agreement. 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, insurance or approval which is legally required for the Contractor to practice its profession. 2.6 DispuigE Except as otherwise provided in this agreement, any dispute concerning a question of fact arising under any term of this Agreement which is not disposed of by this Agreement shall be decided by the Chief of Police who will furnish the decision to the Contractor in writing. Contractor shall proceed diligently with performance of this Agreement pending receipt of the decision of the Chief of Police. The decision of the Chief of Police is final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, arbitrary, capricious or so grossly erroneous as to necessarily imply bad faith. The "Disputes" clause does not and is not intended. to preclude consideration of legal questions in connection with decisions provided in the above paragraph. Nothing in this Agreement shall be construed as making final th.e decision of any administrative official, representative, or council on a question of law. Contract. for Towing . Impound Services Oct 2021 —Sept 30, 2023 City of National City and Alexandra Investments, Inc., DBA, Angelo's Towing & Recovery . ' Mediation ( rbitr t` If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego County, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The cost of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego County, California, in accordance with the Commercial Arbitration Rules of the A.A. then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any courthaving jurisdiction over the subject matter of the controversy. The expenses of thearbitration shall be borne equally by the parties to the arbitration, provided that each partyshall pay for and bear the cost of its own experts, evidence and attorneys' fees, exceptthat the arbitrator May assess such expenses or any part thereof against a specified partyas part of the arbitration award. 2.8 Lei Fees If any party brings a. suit or action against the other party arising from any alleged 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 from the other party all costs and expenses of suit, including expert and attorneys' fees. For purposes of determiningwho is to be considered the prevailingparty,it is stipulated that attorneys' fees incurred in the prosecution or defense of the action or suit shall not be considered ed in determining the amount of the judgment or award. Attorneys' fees to the prevailing party, if other than the City, shall not exceed the amount of attorneys' fees incurred by the City in its prosecution or defense of the action, irrespective of the actual amount of attorneys' fees incurred by the prevailingparty. p y 2.9 Indemnification and Hold Harmless The Contractor agrees to indemnify, defend, and hold harmless the City of National City, y its officers, employees, agents, 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, defense costs or reasonable attorneys' fees, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, inany way resulting from, related to, or arising out of the Contractor's performance or otherobligations under this Agreement, The 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 on this Agreement. Contract for Towing & Impound Services Oct I, 2021 —Sept 30, 2023 6 115.1 City of National City and Alexandra Investments, Inc., DBA Anlo's Towing & Recovery .10 Business l .ec r s (10650 CITCsibs441 Contractor shall maintain and retain data and records of all tow services furnished, including description of vehicles, nature of service, date, time of notification by City, time of tow truck dispatch, time of arrival of tow truck at scene, location of calls, total itemized charges of towing and storage, and the description of all vehicles towed andfor stored at the initiation of the City. If the vehicle is sold at lien sale, data shall be maintained documenting all liens against thevehicle, monies received as a result of the sale, identification of the purchaser, and the amount.of monies forwarded to City and state. All such data and original towing and storage records shall be maintained in an accessible location. The Contractor shall make available and permit the City without notice during normal business hours to audit, examine and make excerpts, copies, or transcripts of all data and records with respect to the towing and storage of vehicles initiated by the City. If Contractor employs, assigns or contracts with a third -party vendorto manage or process the DMV required processing regarding lien sale vehicles, Contractor shall make available all relevant records, data or documents regarding lien sales. Contractor shall waive any privacy rights in order to permit City to inspect, review and copy any relevant record in possession of a third -party vendor. .11 Et.ohibitionat Use �i ile ed lnfor x tion Contractor shall not use for personal gain, transmit, or disclose any privileged or confidential information that is acquired from or obtained as a result of information gathered from the management or operation of this Agreement. For the purpose of this section, "Privileged or Confidential Information" shall include City 'or police department records unrelated to towing and storage of vehicles, DMV information, or CriminalHistory information. 2.12 Lndependent Contractor Contractor shall for all purposes arising out of this Agreement, be an independent contractor. Contractor and employees of Contractor shall not be deemed employees or agents of City. It is expressly understood and agreed that the Contractor and its employees shall in no event, as a result of this Agreement, be entitled to any benefit to which City employees are entitled, including but not limited to overtime, retirement benefits, workers' compensation benefits, injury leave, medical leave, unemployment or any other leave benefits. 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 herein set forth, and the Contractor expressly agrees not to represent that the Contractor or the Contractor's agents, servants, or employees are in any manner agents, servants, and employees of the City, it being understood that th.e Contractor, its agents, servants, and employees are as to the City wholly independent contractors and that the Contractor's obligations to the City are solely such as are prescribed by this Agreement. Contract for Towing & Impound Serv[ces Oct 1, 2021—Sept 30, 2023 City of National City and Alexandra Investments, Inc., DBA Angelo's Towing 8E. Recovery 2.13 Assiviment This Agreement contemplates the personal services of the Contractor and theontractor'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 assigned by 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 as the Contractor may deem necessary for the proper and efficient performance of this Agreement. Contractor has represented it has sufficient staffing to perform pursuant to this Agreement. Contractor agrees it shall not subcontract any towing or impound services. Any other type p of work that is subcontracted shall require written consent of the City. All agreements by Contractor with its subcontractor(s) shall require the subcontractor(s) to adhere to the applicable terms of this Agreement. .14 Workers' wens on 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 Government Code and all amendments thereto; and all similar State or Federal acts or laws applicable; and shall indemnify, defend 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 attorneys' 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. .1 o -ibis lrnin tion Par isi The Contractor will 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 ent any notices provided by the City setting forth the provisions of this non-discrimination clause. .1 flit of In erect n 1'oli ica,l of rrrm Act Qbligations During the term of this Agreement, the Contractor shall not perform services of any kind for any person or entity whose interest's conflict in any way with those of the City of National City. ,The Contractor also agrees not to specify any product, treatment, process Contract for Towing & Impound Services Oct 1, 2021 —Sept 30, 2023 City of National City and Alexandra Investments, Inc,, DBA Angelo's Towing &1 Recovery 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 coming before the City in which the Contractor has a direct or indirect 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. Contractor further warrants and represents that Contractor will immediate) y advise the City Attorney if Contractor learns of an economic interest of Contractor's that may result in a conflict of interest for the purposes of the Political Reform Act, and regulations promulgated thereunder. 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 by the Contractor, 2.17 jjmination of Agreement 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 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 in Section 2.21. D. In the event of termination, all finished or unfinished memoranda, reports, 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 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 Contractor's breach, if any. E. The City further reserves the right to immediately terminate this Agreement upon: I.) the filing of a petition in bankruptcy affecting the Contractor; a reorganization of the Contractor for the benefit of creditors; or a business reorganization or change in business status of the Contractor. F. If Contractor is terminated during the period of performance for any of the reasons stated above or is no longer able to perform for any . reason, then the City may unilaterally select another tow operator to replace the terminated or no longer performing Contractor. The selection of such other tow operator, and whether to select another tow operator, shall be at the sole discretion of the City. In the event another tow operator is Contract for Towing & Impound Services 9 Oct 1, 2021 -Sept 30, 2023 City of National City and Alexandra Investments, Inc., DBA Angelo's Towing & Recovery selected by the City per this Section, that other tow operator will be required to comply with the same terms of this Agreement or its amendments, including the accepted and adopted fee rate schedule. 2.18 Charges axed.Fees Contractor is authorized and responsible for the collection of all applicable towing and storage charges, and any fee authorized or required by City to defray costs to City for the management and operation of this agreement, prior to releasing a vehicle. 2.19 Jnspection City shall require no less than an annual inspection of Contractor and its facilities to insure conformance and compliance with the provisions of the California Vehicle Code and this agreement, Responsibility for said inspection rests with the National City Police Department Traffic Division Sergeant and/or their designee. Said inspections shall be conducted during normal business hours but may be conducted without prior, advanced notice. Upon completion of inspection, the Traffic Division Sergeant shall submit a written report to the Contract Administrators andfor City staff. 2.20 o i c e of Terrninatioll 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 of certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecop, 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, Gil) 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 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 bythe United States Postal Service, (iv) if given by telex, telecopy, facsimile or fax, when sent, Any notices, request, demand, direction or other communication delivered or sent asspecifi.ed above shall- be directed to the following persons: To the CITY: Jose Tellez, Chief of Police National City Police Department 1200 National City Blvd National City, CA. 91950 Contract for Towing & Impound Services Oct 1, 2021 --Sept 30, 2023 10 79 City of National City and Alexandra Investments, Inc., DBA Angelo's Towing Recovery 218 of 550 To the CONTRACTOR: Alexandra Investments, Inc., DBA Angelo's Towing & Recovery Iashwan J. Habib Angelo Habib Angelo's Towing 8z, Recovery 1177 S. 2 t 1 Street San Diego, CA 92113 TERM OF AGREEMENT. OPTIONS . AND RE -OPENERS 3.0 Duration The duration of this Agreement shall be for two (2) years with options for extension. 3.1 Relevant Dates This Agreement begins at 0001 hours on October 1, 2021, and terminates at 2400 hours on September 30, 2023. 3.2 Option tcReno/ The City of National City reserves the option to renew the Agreement up to three (3) successive one (1) year periods under the terms and conditions herein stated, beginning g on the anniversary of the commencement of service, including any amendments. The renewal option is at the discretion of the City 's Contract Administrator. The renewal is contingent on a mutual agreement between the City and the Contractor, with such agreement to be confirmed by the Contract Administrator within sixty 0 days prior to the expiration of the contract period. The City of National City or the Contractor rnay decline to confirm the renewal of the Agreement for any reason whatsoever, which shall render the renewal optionnull and void. The City's initial letter informing the Contractor of the City's interest in exercising its option to renew the contract does not constitute an award of the option period. Any option acceptance rust be confirmed by the City of National City in writing, before it becomes valid. The City will not grant an option if the Contractor requests an increase which exceeds the average percentage variant for the previous twelve (12) months in the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) for the National City area, as published by the Bureau of Labor Statistics, or five percent (5%) whichever is less. Ifa price increase is requested, the Contractor must provide detailed su ortin documentation pp g to justify the requested increase. The City will evaluate the requested increase, which the City -reserves the -right to -accept or-rej the-r nest i rcreas. 3.3 Re -Opener Clause - Towing Program Fee After the first twelve consecutive rnonth period of this Agreement, City may review all tow data to determine the actual number of Police and Referral Tows in the preceding twelve - Contract for Toeing & Impound Services 11 City of National City Oct 1, 2021 —Sept 30, 202(-W 3 and Alexandra Investments, Inc., DBA Angelo's Towing Recovery 219 of 550 month period and to determine whether the Towing Program Fee warrants adjustment. The Towing Program Fees may be adjusted up or down, as determined by City, based upon the actual and reasonable costs incurred by the City to process and administer towing and impound services, which may include, but is not limited to, review of the number of vehicles referred to the Contractor and review of increased costs. If appropriate, it shall consider implementing a per vehicle towing program fee to offset costs incurred by the police department in processing and administering towing services. City may also compare and consider towing program fees charged by other law enforcement jurisdictions in San Diego County for towing services. .e^Opener Clause - Fee Schedule After the first twelve consecutive month period of this Agreement, the Contractor may submit to the Chief of Police a request for an increase to the fee schedule set forth in Attachment A, seeking to adjust the fees consistent with the community standard for police towing in San Diego County. The request shall include a comparison of relevant fees in each law enforcement jurisdiction in San Diego County. City shall assist and consult with Contractor to provide Contractor with accurate data. The Chief of Police shall make appropriate comments, recommendations and submit the material for City Council consideration. 3.5 - j n.er Cla - # d : _ nistr five , vie .F After the first twelve consecutive month period of this Agreement, City may review the number of Administrative Review hearing held within a 30 day period to determine whether an adjustment is warranted. The Administrative Review Fee may e adjusted up or down based upon data. The percentage 30-day impound fee may be adjusted up or downbased upon the data. RESPONSE TIME. EXCEPTIONS PENALTY ASSESSMENT 4. er n e' `ire Response time is defined as the elapsed time between the relaying of the tow service request by the Dispatch Center or a City Employee to the Contractor and the arrival of the specific tow truck type requested to fulfill the tow need on scene. (For example: NCPD Dispatch phones in a request for a low profile truck to tow an evidence hold vehicle to the underground parking lot of NCPD. The response of a NON low profile tow truck which cannot accommodate towing the vehicle into the .underground parking lot ofNCPD does not qualify as fulfilling the Response Time requirement.) The Response Time for Towing Service shall not exceed twenty (20) minutes for tows inside the jurisdictional limits of City. Due_ to the limited number of out of City of National City jurisdiction towingservice � requests, response times shall be evaluated on an individual basis for towing . service requests outside of the jurisdictional limits of City. Complaints or irregularities involving out of jurisdiction towing requests shall be managed between the Contract Administrators. Contract for Towing &. Impound Services 12 Oct I, 2021 --Sept 30, 0 City of National City and Alexandra Investments, Inc., DBA Angelo's Towing & Recovery 220 of 550 The Contractor is expected to dispatch immediately.any available tow truck that will fulfill the tow need on scene upon receipt of a towing request. The Contractor is expected to notify the National City Police Dispatch Center when the response time requirement cannot be met. The Police Dispatcher or the officer at the scene will have the discretion to cancel the tow if the response time cannot or is not met and re - dispatch to a Secondary tow Contractor, at no cost to City. "Secondary tow contractor" refers to the next tow company in rotation. 4.1 Response i Computati Response time is computed from the time the police dispatcher enters the request for a tow into the dispatch CAD system and the Contractor arrives on scene. The on -scene investigating officer shall notify dispatch of the tow truck arrival. The police department computer aided dispatch system shall be the final resolution of any actual time dispute regarding response times. Any failure to record relevant times by the on -duty dispatcher shall not be considered in any penalty assessment. 4 Response TimeTimit.lfsm.ylt Failure to arrive at the requested location within the prescribed response time may result in cancellation of the service request. The secondary tow contractor may be notified. 4.3 Response Time - Peery Assessment Contractor shall pay a five hundred dollar 0.00 penalty if more than five percent(5%) of the tows in any calendar month period exceed the maximum response time requirement. This is calculated based on individual tow per any single request by the Cityfor towing services and not average response times. Failure to meet Response Time requirements may result in termination of this Agreement. ALL CONTACTOR AND CONTRACTOTATION SCIJEDLILE 5.0 ContractorOn-Call & Rotation The Contractor on call rotation shall run, for two contractors - from 0001 hours on the first day of the month to midnight on the 15th day of the month for one contractor and from 0001 hours on the 1 th day of the month to midnight on the last day of the month. The Traffic Division Sergeant will do the selection for the on -call rotation at the beginning of each contract year. The Traffic Division Sergeant will select the Contractor rotation by an impartial means agreeable to contractors involved. Should all Contractors not meet an agreement as to means the Traffic Division Sergeant will make the selection, the means will be directed by the Chief of Police and the Chief's decision will be final. Any Contractor- selected as the first in the rotation schedule at the beginning of a contract year will begin the first day of the contract. Contract for Towing & Impound Services Oct I, 2021 --Sept 30, 2023 13 City of National City and Alexandra Investments, Inc., DBA Angelo's Towing & Recovery 221 of 550 It is understood that the number of contractors selected divided into the number of daysper month may not result in each contractor having the same number of overall tow days er year. In the event this Contract is extended pursuant to section 3.3 Option for Renewal, the schedule will continue to rotate as reflected. DUTIES. . REQUIREREQUIREM NrITIONS 6.0 Business License Contractor shall at all times during the term of this Agreement retain a valid CityBusiness License in compliance with National City Municipal Code Section 6.04 et seq. Contractor businesses and storage lots located within the jurisdictional limits of the City of National City must conform to all City of National City building ordinances, zoning regulations, land use requirements and must have the approval of the City Planning Department. Contractor businesses and storage lots located outside the jurisdictional limits of the City of National City must conform to all City (if located within an incorporated City) or County (if located within an unincorporated County area) building ordinances zoning regulations, gulatrons, land use requirements within the jurisdiction of location. 6.1 fononse to Ser a ue t Contractor shall be available to promptly respond twenty-four 4 hours a day, seven (7) days a week, including all holidays, consistent with the On -Call and Rotation Schedule, for all requests initiated by City for towing services. Upon award of Agreement, Contractors shall operate a dispatchings ste m.. The tow dispatching system shall be sufficiently staffed and equipped to accept all p telephone calls, without delay, twenty-four (24) hours a day, seven days a week. Delay is defined as the City or the public receiving no answer after six rings or busy signal to their telephone call. Contractors using paging systems are required to respond to a page within five (5) minutes of the initial page by the City. The City does not currently have plans for adding automated tow dispatching to the existing NCPD dispatch system. Therefore, the City is not requiring any Contractor to purchase equipment to be used to integrate into an automated tow dispatching system. It will be up to 'the Contractor to ensure they are able to meet the response time requirements of the Contract by whatever means they deem appropriate. Since there are no current plans to add automated tow dispatching to the existing P dispatch system there are no minimum requirenrrents established for such a system upgrade at this time. Contract for Towing & Impound Services Oct 1, 2021 —Sept 30, 2023 '4 t 3 City of National City and Alexandra Investments, Inc., DBA ngelo's Towing & Recovery 6.2 + r tr'a,�c�owii F+ �eite . Vehicles The Contractor shall tow all forfeited vehicles, as ordered by the City. The Contractor shall not drive the forfeited vehicles except to move there within the storage facility. Use of vehicles for personal use or other use not permitted herein is strictly prohibited, and constitutes a material breach of this Agreement. In the event it is found that a towed vehicle is subject to forfeiture, the City shall arrange for the vehicle to be picked up from the Contractor's storage facility and the Contractor shall invoice the National City Police Department for all towing and storage fees. 6.3 Contractor Availability - Vehicle gel at , Contractor shall be available to release vehicles to their owners, agents or authorized representatives, twenty-four hours a day, seven days a week, including allholidays. 6.4 Business office Contractor shall maintain a functional business office within the location of the yard used to store police initiated tows. . $usjp. s Office furs Contractor shall adequately staff their business office in order to remain open and available to meet the public during the normal business office hours. The business office of the Contractor shall be located within the storage yard for which a towed vehicle is located and be open to serve the public and the City from 0800 to 1800 hours, Monday through Friday, except for City observed holidays. City observed holidays are: New Year's Day, Dr. Martin Luther King Jr.'s Birthday, Caesar Chavez Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and the Friday after, and Christmas Eve and Christmas Day. 6.6 on ra .to l All drivers must maintain a professional appearance. Staff shall work in a neat and clean uniform. The Contractor shall furnish staff with a shirt or some other type of outerwear bearing the company name and logo. Appropriate clothing will be worn at all times including by employees that are being trained. All employees will conduct themselves in a professional manner when interacting with the public or City employees. Within ten (10) days of award, Contractor shall provide the National City Police Department Traffic Division Sergeant with the names of all employees that will beassigned to the Agreement. Drivers and other employees associated with the processing and removal of vehicles shall be subject to a complete background investigation. The Contractor will notify, within ten (10) days, National City Police Department Traffic Division Sergeant whenever an employee is terminated or a new employee is hired that is Contract for Towing & Impound Services 15 Oct 1, 2021 --Sept 30, 2023 City of National City and Alexandra investments, Inc,, DBA n elo's Towing & Recovery 223 of 550 assigned to perform duties under the Agreement or may have access to vehicles impounded pursuant to police request. Contractor shall ensure that all tow truck drivers responding to calls initiated by the City are properly licensed, qualified and competent employees. The Contractor shall ensure all tow truck drivers are trained and proficient in the use of the tow truck and related equipment, including, but not limited to, the procedures necessary for the safe towing and recovery of ALL vehicles, All tow truck drivers shall possess the proper class license and certificates for towing vehicles, along with a Class 'A' endorsement to allow operation of special vehicle configurations and/or special cargos. Contractor's employees shall be qualified to perform all work undertaken by or assigned to therm. In the event a driver or the equipment is inadequate and the Contractor is unable to service the request, a charge for service or labor will not be permitted. Contractor shall have all tow truck drivers involved with NPD's rotation tow l]eratln participate in a controlled substance and alcohol testing SAT program. P g 1) Drivers requiring a Class A, Class B, or commercial Class C license (endorsed for hazardous materials transportation) shall participate in a SAT program . p l p as defined in the Code of Federal Regulations, Title 49, Parts 40 and 382. Those drivers that are not required to possess a Class A, Class B, or commercial Class C license shall be enrolled in a CST program substantially similar to the requirements as outlined in Section 1) above. 3 The Contractor shall ensure selection pools for commercially and non - commercially commerciall. licensed drivers are maintained separately. The Contractor shall provide proof records of their CSAT programs to NCPD. A driver possessing a non-commercial driver's license who tests positive but subsequently returns with .a negative test result shall meet the same reinstatement requirements as a driver required to possess a commercial driver's license, 6.7$igns In compliance with California Civil Code Section 3070 (E), Contractor shall display inside the business office, in plain view at the cashier's station, a sign. Said sign shall not be less than 17 by inches in size, with lettering not less than one inch in height, disclosingall g storage fees and charges in force, including the maximum daily story crate. Posting of the Fee Schedule (Attachment A) in the appropriate size and lettering complies with CCC Section 3070 O. Additionally, Contractor is required by California Vehicle Code Section 22850.3 (b) to display in a conspicuous place a notice to the effect that a vehicle impounded at the direction of the Police Department may only be released upon proof of current registration. Said notice must include the name and telephone number of the local g police agency that caused the vehicle to be stored. Contract for Towing & Impound Services r Oct 1, 1 —Sept 30, 0 ' City of National City and Alexandra Investments, Inc., DBA Angelo's Towing & Recovery 6.8 Method of Payment - Towing or Stora • e Char _ 1.1 CVC At a minimum, Contractor shall accept a valid bank credit card or cash for payment of towing and storage by the registered owner, legal owner, or the owner's agent claiming the vehicle. Pursuant to California CivilCode Section 174.1, Contractor shall not impose a surcharge on a cardholder who elects to use a credit card in lieu of cash for payment of any fees pursuant to this Agreement. In addition, Contractor shall havesufficient funds on the premises to accommodate and make change in a reasonabiemonetary transaction. 6.9 Storage of e.hici s; City. Seized Contractor shall immediately provide written notice to the National City Police Department Traffic Unit whenever a city vehicle or seized vehicle is stored in excess of forty-eight (48) hours. Failure to provide the required written notification to the Citymay result in forfeiture of Contractor's right to storage fees. The Contractor shall provide invoices to the National City Police Department Operations Assistant for the towing of each City owned and each seized vehicle. The invoices shall include the description of the vehicle, the date, time, origin, and disposition of the towed vehicle, name and identification number of City employee authorizing the tow and/or storage, the mileage starting and finishing at destination, and an itemized cost of services provided (mileage, number of storage days) commensurate with the attached rate schedule. Invoices shall be delivered to the NationalCity Police Department Operations Assistant no later than the fifteenth (l5th) of the month following services rendered. Cityshall make pay ment for services rendered on a monthly basis from month previous. 6.10 Removal from Private Property Pursuant to California Vehicle Code Section 22658(h), a towing company may impose a charge of not more than one-half of theregular towing charge for the towing of a vehicle at the request of the owner of private property or that owner's agent pursuant to this section if the owner of the vehicle or the owner's agent returns to the vehicle before it is removed from private property. The regular towing charge may only be imposed after thevehicle has been removed from the property and is in transit. Pursuant to sub -section i) (2), if a vehicle is released within 24 hours from the time the vehicle is brought into the storage facility, regardless of the calendar date, the storage charge shall be for only one day. Not more than one day's storage charge may be required for any vehicle released the same day that it is stored. 6.11 Notice to City - Private Property Impouns In addition to the requirements set forth in California Vehicle Code Section 22658, Contractor agrees to notify the National City Police Department of all vehicle impounds from private property, within the jurisdictional limits of City, that result in storage of the vehicle. Notice shall include but not be limited to a complete description of the vehicle including the vehicle identification number, location of impound and naive of property owner or agent who authorized the impound. Notice shall occur within one hour of taking Contract for Towing & Impound Services I Oct 1, 2 —Sept 30, 2023 City of National City and Alexandra Investments. Inc,, DBA Angelo's Towing & Recovery 225 of 550 possession of the vehicle.General] Demand Tows. 6.12 Gratuities 1 110 CVC private property impounds are considered On - Contractor or Contractor's employees shall not offer or provide City, and no Cityo � employee tp y shall accept any direct or indirect commission, reduced fee, gift, recreation, favors, seasonal gratuity, or any compensation whatsoever from Contractor. No City employee shall offer or provide Contractor with any gift, recreation, favor, seasonal gratuity, or any compensation whatsoever. No City employee is permitted to purchase a lien sold vehicle from Contractor that resulted from a police initiated tow or referraltow. City employees shall not purchase any vehicle or vehicle part from Contractor fora reduced fee or a fee below the prevailing rate as determined by y industr standards.The intent of this section is to avoid the mere appearance of impropriety involving the contractual relationship. Contractor or Contractor's employees are prohibited from or accepting anymoney anything of value from a repair shop for delivery or the arranging of a delivery of a. vehicle for the purpose of storage or repair. Nothing in this section is intended topreclude Contractor fromcharging a repair shop appropriate towing fees pursuant to the Fee Schedule. No benefit provided to City by Contractor, or benefit provided to Contractor by City, as definedconditions . this � ' in the terms and conditions of this Agreement that resulted from the process of negotiations, shall be considered a gift or gratuity within the meaning of this section. 6.13 Tow Truck Driver , On -Scene Duties Upon arriving on -scene of a police initiated tow, the Contractor's employee ee shall report p p to the investigating Peace Officer in charge. The officer -in -charge shall make every reasonable effort to inform Contractor's employee of any unusual circumstance or hazardous condition reasonably known to the officer. Contractor's employee shall make every reasonable effort to inform the officer -in -charge of any unusual circumstance or hazardous condition undetected by the officer -in -charge, The officer -in -charge may y request additional towing services from the Contractor's employee and the officer -in - charge shall have the authority to waive the Response Time requirements for additional services based on the on -scene needs. Contractor's employee shall make every reasonable effort to comply with instructions or directions provided by the officer -in- charge. Contractor's employee may make any emergency alterations reasonably required to safely move and/or impound vehicles. Contractor shall be responsible for removing and appropriately y disposing of collision p y p related debris from the public right-of-way to ensure public safety. Contractor shall also remove or render inert any liquid debris that may reasonably be considered a safetyhazard to the public -right-of-way. if the removal of any type of debris or hazardous material is beyond the capability of Contractor, Contractor's rnp sliall inform_the_.of icer-in- charge so accommodations can be made. Contract for Towing Impound Services 186City of National City Oct l I —Sept 30, 7 and Alexandra Investments,, Inc., IBA Angelo's Towing & Recovery 226 of 550 6.14 Access to Stored Vehicles During regular business hours, Contractor shall make vehicles stored at the request of City available to that vehicle's registered owner, a person who can be verified to be the registered owner's agent, insurance agents, insurance adjusters, or representatives of automotive repair businesses for the purpose or estimating or appraising damages. 6.15 Access toehicles - Removal of Private Property, Pursuant to California Vehicle Code Section 22851(b), no lien shall attach to any personal property in or on the vehicle. The personal property in or on the vehicle shall begiven to the current registered owner or the owner's authorized agent upon demand. The lien holder shall not be responsible for personal property after any vehicle has been disposed of pursuant to Division 11. , Chapter 10 of the California Vehicle Code. Pursuant to California Civil Code Section 3068.1, the lien is deemed to arise on the date of possession of the vehicle. Possession is deemed to arise when the vehicle is removed and is in transit. 6.16 Access to Evidentiary Vehicles Vehicles impounded by City for investigative purposes pursuant to CaliforniaVehicle Code Sections 2265.E or 22655.5 shall be held in maximally secured, nonpublic areas of Contractor's property, until the vehicle is released by order of City or in conformance with section 8.3 of this Agreement. No person other than a Police Officer, Reserve Police Officer, Field Evidence Technician, Property tEz.. Evidence Unit employee or Crime Scene Specialist employed City shall by y remove any property or other contents from evidentiary vehicles. Property removed from such vehicles shall be recorded as removed on the content inventory and the content inventory dated and signed by the Police Officer, Reserve Police officer,Field Evidence Technician, Property & Evidence Unit employee or Crime Scene Specialist removing the property and by a representative of the Contractor. 6.17 Invoices All invoices for towing and impounds pursuant to this Agreement shall clearly and individually itemize each and every specific charge or fee type. Daily storage fees shall be itemized on a per day basis, for example: 10 days storage © per day. All itemized City fees of all types shall be documented on the invoice. The customer shall be providedno less than one copy of the invoice, after all fees have been paid and the invoice marked "Paid." 6.18 Vehicle In and Control F rm PD form 2501 A Vehicle Impound Control Card (PD Form shall be completed when a police hold is placed on a towed vehicle. The_impounding officer shall —obtain- a case number and — enter the case number on the control card before giving the tow truck driver acopy of the control card. Contract for Towing Sz impound Services 19 Oct 1, 2021 —Sept 30. 2023 City of National City. and Alexandra Investments, Inc„ IBA Angelo's Towing & Recovery 227 of 550 Contractor shall not be liable for uncollected City Administrative Review Fees when the • Vehicle Impound Control Card (PD Form 250) is not properly completed by the impounding officer. PD Form 250 shall contain the lawful authority to impound pursuant to the California Vehicle Code. However, the impounding officer may elect to use the words "Admin Fee Applies" listed in the OTHER section of the form. 6.19 P s cee. fro _ien sale In conformance with California Civil Code Section 3073 and California Vehicle Code Section 22850.5, the proceeds from the lien sale of any vehicle impounded pursuant to the Negligent Vehicle Impound Release N I program or the Administrative Review Fee shall be distributed in the following order: 1. Any and all - costs -necessary to discharge the lien, ificliiding but not li ited to impound and storage fees, and the costs of processing the vehicle for lien sale shall be paid to the (lien holder) Contractor. . Any and all City administrative fees, including individual fees or any artial fees associated with the Administrative Review and/or NVIR programs, shall be paid to . City. Any partial fees recovered by City, resulting from the lien sale, shall first be attributed to the Administrative Review program. . The balance, if any, shall be forwarded to the California Department of Motor Vehicles for deposit in the Motor Vehicle Account in the State Transportation Fund. 7.0 Fee &ck .le Attachment A to this Agreement provides a complete schedule of all charges and fees -the Contractor will be authorized to collect from consumers for towing, impound, and storage services rendered on behalf of City. The Attachment A rate schedule shall remain in place unless and until amended by the City Council of the City of National City, pursuant to section 3.5 Re -Opener Fee Schedule, of this Agreement. The schedule of rates charged by the operator shall be available in the tow truck, and shall be presented upon demand to person(s) for whom the tow services were provided, or his/her agent, or .any representative of the City at the scene. In the event of a significant or substantial increase in operating expenses, which was not caused by .any action of the Contractor, a temporary surcharge may be added in the .current rates for any and all of the services provided pursuant to this agreement. The Contractor shall petition the City for the increase in towing and storage rates and provide supporting documentation. Any surcharge is subject to approval by the City. Rate changes may be sought and approved at the discretion of the City. This process may be instituted by routine cost of service evaluation by the City byor request of the is Contractor. It understood that there may be a need for rate changes duringthe term of Contract for Towing & Impound Services Oct 1, 2021 —Sept 30, 2023 20 City of National City aid Alexandra Investments, inc., DBA Angelo's Towing & Recovery 1 1 228 of 550 the Contract. Therefore, during the terra of the Contract, should any Contractor make a request for rate changes, the Contract Administrator will forward the request appropriately for consideration. No rate adjustments will be considered without City Council approv a Any cost -of -living increase to the tow rates shall be calculated from the Consumer Price Index (CPI) as published for the first quarter of each calendar year. In any year in which this index is not available, the City shall ascertain and utilize some similar criterion and establish, retroactively, a figure for the computation. Any increase in the City Standard Rates will trigger a proportional increase in the City's Towing Program Fee beginning of July ist of each contract year. 7.1 Secondary Tow Fees Secondary towing fees are the responsibility of the vehicle owner, operator or agent. If it is determined that City is liable for the secondary tow fees, Contractor shall chargeCity 50% of the Basic Tow Fee for Secondary Tows, if applicable. No storage fees shall accrue while the subject vehicle is in the actual possession of the National City Police Department. Police personnel shall not release a vehicle from the National City Police Department until all Contractor fees have been paid to Contractor by the vehicle owner, operator or agent. In the event a vehicle is released from the police department and Contractor fees were not paid, City shall be liable for the full fee. 7.2 City Vehicle Tow Fees Contractor agrees not to charge City a fee for the towing of marked or unmarked City police vehicles whether the tow resulted from mechanical breakdown or collision within the jurisdictional limits of National City. Contractor shall charge City 25% of the Basic Tow Fee for the towing of all other City vehicles whether the tow resulted from mechanical breakdown or collision within the jurisdictional limits of National City. Fees for all City vehicle tows including police vehicles. which occur outside the jurisdictional limits of National City, shall be resolved between the Contract Administrators but shall not exceed 25% of the basic tow fee. 7.3 Fees_ - Police Dertartment Errors and Omissions When any vehicle has been directed by the City to be towed and it is established that the tow was in error through a mistake of fact, Contractor shall release the vehicle to its owner, operator or agent at no cost. Contractor shall bill City at no more than 50% of the basic tow fee. If an error by City results in a vehicle being stored longer than it can reasonably be established that it should have been, Contractor shall release the vehicle and bill the owner, operator or agent only those storage charges that would have accrued if no error Contract for Towing & Impound Services Oct 1, 2021 —Sept 30, 2023 21 90City of National City and Alexandra Investments, Inc., DBA Angelo's Towing & Recovery 229 of 550 had occurred. Contractor shall bill City storage fees at no more than $25O per day for every day beyond the owner, operator or agent's responsibility. If the error in towing or storage is discovered after the vehicle owner, operator or agent recovers the vehicle and all fees have been paid to Contractor, the owner, operator, or agent may be referred to the City Clerk, City of National City to file a ClaimforDamages against City. 7.4 Jiwing Prgam Fee The total annual Towin.g Program Fee due to the City shall be two hundred eighteen thousand eight hundred eighty nine dollars 21 , , divided equally amongst the tow operators awarded contracts, and paid quarterly. Contractor shall make quarterly Towing Program Fee payments to City for the right to provide towing and storage service to City. The minimum Towing Program Fee payment amount per Contractor, when two contractors have been awarded, shall be fifty four thousand seven hundred twenty two dollars ($54,722) per quarter. The Towing Program Fee shall be payable for a period of two (2) years subject to adjustments as defined in Secti.on 3A -Re-Opener laus — Towing g Program Fee. The Towing Program fee shall continue in the above described manner in the event of a. Contract extension renewal. 7. awing Program Fee - Due Date, The Towing Program Fee payment shall be due and payable no later than the fifteenth (15th) day of the calendar month following the end of each quarter, pursuant to the following schedule: Eargact Years Quarter End Dates 1st Quarter — January 15, 2022 2nd Quarter — April 15, 2022 3rd Quarter — July 15, 2022 th Quarter -- October 15, 2022 Second C ntrac _.Y ,r: Quarter End Dates 1st Quarter — January 15, 2023 nd Quarter — April 15, 2023 rd Quarter — July 15, 2023 4th Quarter — October 15, 2023 7.6 date Pee Any amount owed to the City more than fifteen (15) calendar days beyond the due date, shall be considered delinquent and will be in breach of contract. Failure to pay any amount owed to the City may result in the Contractor being suspended from the contract until such amount is paid. Interest will be charged on unpaid amounts at an annual rate equal to twelve (12%) percent per annum, or at the maximum rate permitted by applicable law, Contract for Towing & Impound Services Oct 1, 2021 —Sept 30, 2023 City of National City and Alexandra Investments, Inc., DBA Angelo's Towing & Recovery • • • • whichever is lower. Partial payments will not be accepted. 7.7 T The Towing Program Fee is payable to "City of National City." Parents shall be directed as follows: Operations Assistant National City Police Department 1200 National City Blvd National City, CA 91950 Upon receipt and no later than five days from receipt, the Operations. Assistant shall record and account for the Towing Program Fee payment consistent with the terms of this agreement and forward the payment to the City Finance Department for deposit inRevenue Account Number 001-11000-3558. .8 eiliient eh' eI,_p.,o .d 'elsei e I Fee The Negligent Vehicle Impound Release Fee shall be an amount established by it . Said fee is one hundred twenty four ($124) dollars. The NVIR fee is recognized as a necessary and effective method of generating those revenues necessary to offset program costs, services and facilities. The NVIR fee applies only to vehicles released by Contractor for violating certain sections of the California Vehicle Code and/or the National City Municipal Code (NM. See Attachment B for a list of applicable sections. 7.9 TVI Em.S.2 I ectlon Contractor shall collect the NVIR fee of one hundred twenty four ($124) dollars per vehicle, upon the release of any vehicle impounded pursuant to the above listed California Vehicle Code sections. Contractor shall remit the collected fees to City pursuant to the below listed parent schedule. The collected Nv[R fees shall be properlyidentified and iterni ed. 7.10 IR Fee F av ert Due Date NVIR fees collected by Contractor shall be due and payable to City no later than the fifth (5th) day of each month and the twentieth (20th) day of each month. Payments due on the fifth (5th) day of each month shall include and account for all vehicles released by Contractor between the sixteenth 1 th day of the month, and thelast day of the month, (inclusive). Payments due on the twentieth (20th) day of the month shall include and account for all vehicles released by Contractor between the first (1st) day of the month and the fifteenth (15t) day of the month, (inclusive). Contract for Towing & Impound Services 23 01 2,, Oct 1, 2021 —Sept 30, 2023 City of National City and Alexandra Investments, Inc., DBA Angelo's Towing & Recovery 7.11 NVIR Pee ,Pay ne The NVIR Fee is payable to "City of National City." Payment shall be directed as follows: Operations Assistant NationalCity Police Department 1200 National City Blvd National City, CA 91950 Upon receipt and no later than five days from receipt, the Operations Assistant shall record and account for the NVIR Fee payment, consistent with the terms of this agreement and forward the payment to the City Finance Department for deposit in Revenue Account Number 001-11000-3551. 7.12 NVIR Fee Payment - Late Fee Any amount owed to the City more than fifteen (15) calendar days beyond the due date, shall be considered delinquent and will be in breach of contract. Failure to pay any amount owed to the City may resultin the Contractor being suspended from the contract until such amount is paid. Interest will be charged on unpaid amounts at the maximum rate permitted by law. Partial payments will not be accepted. 7.1 Administrative Review Fee The Administrative Review fee shall be an amount established by City, Said fee is one hundred fifty (S150) dollars. The Administrative Review fee is recognized as a necessary and effective method of generating revenues necessary to offset program costs, services and facilities. Vehicles impounded by City pursuant to California Vehicle Code 12500(a) and 14601.1 shall be releasedby City, upon expiration of a 30 day hold and shall only be released by City upon a showing of proof that the owner, operator or agent has a valid driver's license. Contractor shall collect Administrative Review fees prior to the actual release of the vehicle. Contractor shall remit the collected fees to City pursuant to the below listed payment schedule. The Administrative Review fees shall be properly identified and itemized. The Administrative Review fee applies only to vehicles impounded pursuant to certain California Vehicle Code Sections. (See Attachment C for a list of applicable sections) .14 Administrative Review Fees - Due Date The fees collected by Contractor shall be due and payable to City no laterthan the fifth (5th) day of each month and the twentieth (20t11) day of each month. Payment due on t f_ift t' each montlishall include nd accountfor_alLvehicles released by Contractor between the sixteenth (16th) day of the month, and thelast day of the month, (inclusive). Payments due on the twentieth (loth) day of the month shall include and account for all vehicles released by Contractor between the first (1st) day of the month and the fifteenth Contract for Towing & Impound Services 24 0 City of National City Oct 1, 2021 —Sept 30, 2023 and Alexandra Investments, Inc., DBA Angelo's Towing & Recovery 232 of 550 (15tF1) day of the month, inclusive. 7.1 .dministrative Review . Fee -Pkvment The Administrative Review fee is payable to "City of National City." Payment shall be directed as follows: Operations Assistant National City Police Department 1200 National City Blvd National City, CA 91950 Upon receipt and no later than five days from receipt, the Operations Assistant shall record and account for the Administrative .i. fees consistent with the terms of this agreement. The Administrative Review fee of one -hundred fifty 1 dollars per vehicle shall be divided andd posit d with the City Finance Department as follows: Amount Revenue Account Number $125M0 001-11110-3550 $ 25.00 001-11004-3550 7.16 dmini trative i a Any amount owed to the City more than fifteen 1) calendar days beyond the due date, shall be considered del inquent and will be in breach of contract. Failure to pay any amount owed to the City may result in the Contractor being suspended from the contract until such amount is paid. Interest will be charged on unpaid amounts at an annual rate equal to twelve (12%) percent per annum, or at the maximum rate permittedby applicable law, whichever is lower. Partial payments will not be accepted. VEHICLE RELEASE 8.0 General Rule - Vehicle Release As a general rule, Contractor shall be responsible for the release of all vehicles in Contractor's possession as a result of police initiated or referral. tows. .1 JE.xceptions t General Rule Vehicles impounded pursuant to the following California Vehicle Code Sections shall not be released by ontractor. Contractor shall refer the vehicle owner, operator or agent to.the police department to obtain a release: 1, 14602.6 — .Suspended Driver's License 2. 22651 i - Five or more Parking Citations 3. 22655 - Bit & Run Investigation . 22655.5 - Evidentiary Reasoris 5. And as otherwise required by the California Vehicle Code Contract for Towing & Impound Services Oct 1, 2021 —Sept 30, 2023 City of National City and Alexandra Investments, Inc., DBA Angela's Towing & Recovery 233 of 550 8.2 ve i i ion - M da lea a _ . CVC. Any vehicle impounded for hit & run investigation (20002 thru 2 006 CVO)J pursuant to the authority of California Vehicle Code Section 22655, shall be released within 48 hours after removal from highway or private property. When determining the 48 hour period, weekends, and holidays shall not be included. Any vehicle not released by Citywithin the maximum 48 hour period, shall be released by Contractor upon demand of the vehicle e owner, operator or agent upon the expiration of the 48 hour period, regardless of City hold status. r 3 $ P ob _ _ or ont . erAssol,g In the event Contractor experiences problems, questions or controversy associated with a customer demanding the release of a police initiated or referral tow, Contractor shall notify the police department. Additionally, if Contractor discovers a questionable DMV document, an officer shall be dispatched to resolve the problem. ,A rt ui `n - MV D ►cun c t Identi cation During the term of this Agreement and at Contractor's request, City may rovid Contractor, Contractor's employees, and new employees with training in the identification and recognition of all relevant California Department of Motor Vehicles documents including but not limited to California Drivers License and California Vehicle e istrat` g ion documents. A recognized expert employed by the California Department of pMotor Vehicles shall conduct training. Training shall include but not be limited toreco nition and identification of counterfeit, altered, or forged California Driver's License and California Registration and Title Certificates. The Contract Administrators shall coordinate date, time and location of training. I I 1. M .'. �[ 1-E UIP. E T nd TORAGE_LQI,ALQE� At all times during the term of this Agreement, Contractor shall meet the following minimum tow truck equipment requirements and storage lot requirements: 9.0 Minimum To Truck Requirements 1 During the term of this Agreement, Contractor shall have available no less than three tow rigs of at least one -ton capacity. Each tow rig shall have dual rear wheels. Each vehicle used for towing police impounds shall have a manufacturer's gross vehicle weight rating g (GVWR) of not less than 14,500 pounds. Duringthe term of this Agreement, g en.t, Contractor shall have a tow rig capable of towing large, oversize vehicles; including Class B (minimum 26,001 GVWR), Class (minimum 48,000 GVWR), and Class D(minimum 52,000 GVWR). During the term of this Agreement, ent, Contractor shall have a truck with Landoll type trailers acceptable for Class C and Class D towing. g In addition, during the term of this Agreement, Contractor shall have available one tow rig, commonly known as a "Sub -Garage Tow Vehicle," capable of entering and removing g impounded vehicles fro-m the underground parkinggarage of the National Citypolio g ge Department. The sub -garage tow vehicle is a limited use vehicle and does not require dual wheels or a GVWR of 14,500 pounds. Contractor shall have a vehicle capable p e of Contract for Towing & impound services 26 06 oct 1, 2021 --Sept 3O2023 City of National City and Alexandra Investments, Inc., DBA Angelo's Towing & Recovery towing/recovery from off road areas. .1 Minim . u.. Tr ..k EI u' _u_uent Re, i . ents Each tow truck responding to requests for police initiated towing and impound services shall be equipped with radio communications equipment capable of effecting two-way radio communications between the tow truck operator and Contractor's dispatching operation. Citizen Band radios shall not be used to meet this requirement. Each tow truck shall have a maximum 8,000 pound capacity winch that is power driven by power takeoff from transmission, in both directions, and equipped with safety dogs or an adequate braking system. Winches must be fitted with a minimum of 100 feet of cable for recovery tasks. Roll back car carriers must be fitted with a minimum of 50 feet of cable. All cable (wire rope) must be maintained in good condition. Only wire rope with swaged ends, wedge locks or braided ends, with metal sleeves in the loops shall be approved for use under the terms of this agreement. Consistent with the California Code of Regulations, Title 13, Section 1305(b), wire rope is not in good condition when it is stranded, knotted, crushed, excessively rusted, kinked, badly worn, when there are 12 or more wires broken in lay length, or where there is other visible evidence of loss of strength. Contractor shall maintain dollies for use by in-service tow trucks providing police towing services to City. Each tow truck, with the exception of slide back carriers, shall carry its own set of dollies. Each tow truck shall be equipped with no less than two safety chains. No less than two safety chains shall be used for each vehicle being towed. Each safety chain shall be rated at no less than the rating specified by the original equipment manufacturer (OEM). The safety chains shall be securely affixed to the bed frame or wrecker boom, independent of the towing sling, bar, hitch, wheel lift, or under lift towing equipment. The towed vehicle shall be secured to the towing equipment independent of the safety chains by either two chains or two straps. All safety connections and attachments shall have a positive means, of sufficient strength, to ensure that the safety connection or attachment cannot become disengaged while in transit. Vehicles being transported on slide back carriers shall be secured by four tie down chains or straps, independent of the winch or loading cable. In addition to the requirements set forth in California Vehicle Code Section 27700, City requires Contractor to equip each tow truck with red flares, lanterns or reflectors, hand tools (screw drivers, pliers, ratchet and sockets, crescent wrenches, metric and standard lug wrenches), bolt cutters, six foot crowbar, rope, broom, shovel, dustpan, fire extinguisher (dry chemical or carbon dioxide type), utility flood lamps, portable red taillights and stoplights for towed vehicles, equipment for opening locked vehicles, safety snubber chains, and a trash can with absorbent material. Each tow truck shall be equipped with disposable (one time use) latex or rubber gloves for use by Contractor's employees to prevent contamination or contact with potential blood borne pathogens. The decision to use said equipment rests solely with Contractor. Contract for Towing & Impound Services 27 I, (0. Oct 1, 202,1 —Sept 30, 2023 City of National City and Alexandra Investments, In ,, DBA Ang lo's Towing & Recovery • • • • • • 235 of 550 9.2 Iow Truck Jcjogfication Each tow truck responding to police initiated towing and impound services shall, on both sides of the vehicle, conspicuously bear Contractor's company name, local address, and local phone number(s) in lettering that complies with California Vehicle Code Section 27907. 9# o .: r°u .. Li u tin' • u.. me Each tow truck responding to police initiated towing and impound services shall be equipped with lighting systems as required by California Vehicle Code Sections 24605, 24606 and 25253. Additionally, tow trucks shall be equipped with utility lamp lighting systems than comply with California Vehicle code Section 25110. 9A Lulifornia . ' t ► . itil ... ' e tion Certification During each year of this Agreement, Contractor shall obtain and retain an annual California Highway Patrol (CHP) tow truck ,safety inspection certification. Contractor shall annually be able to show proof that every vehicle in each category required for service under this Agreement providing services to the City has passed a CHP tow truck safety inspection. Tow trucks not passing inspections or meeting the requirements of this section shall immediately be removed from rotation. The tow truck may return to rotati.ononce the truck has successfully passed a re -inspection by the original inspecting agency. Nothing in this section is intended to prevent, or preclude the National City Police Department from performing periodic unscheduled inspections to insure compliance with the requirements of the California Vehicle Code and this Agreement. 9.5 Tow Truck . I.jntennce Each tow truck responding to police initiated towing and impound services shall be well maintained and reasonably clean on the exterior and interior and should reflect the clean, professional image of the City of National City. 9.6 Sfor e Lot. Miuiinum Requirements, There shall be a minimum of one (1) vehicle storage yard within a ten 1) mile radius from City Hall, 1243 National City Boulevard, National City, with adequate storage capabilities for all vehicles retrieved from the City and requiring storage. The Contractor shall identify the exact location and size of any storage yards to be used pursuant to this contract. The storage yard shall be approximately 10,000 seq. ft. and have space necessaryto p accommodate all Police Department tows and comply with all applicable Building Codes and Zoning Regulations (including but not limited to: Fire, Sign, Zoning, and Building Codes) . There shall also be the following: Be completely enclosed by an 8-foot solid high fence with a lockable gate. Construction of the fence and gates must be of sufficient construction to prevent entry into the storage area of unauthorized persons or vehicles. Contract for Towing & Impound Services Oct 1, 2021 —Sept 30, 2023 28 City of National City and Alexandra Investments, Inc., IBA Angelo rs Towing & Recovery 236 of 550 . Alarms and intrusion sensors that provide immediate notification capabilities at all times or similar devices or security measures. . Sufficient lighting to detect unauthorized entrance at night. 4. The storage yard shall be served by drainage facilities adequate to prevent the accumulation of standing water. The vehicle storage area must remain free of mud, pools of standing water, debris, or other elements that would be harmful to the stored vehicle, vehicle contents, or to persons viewing, inspecting or recovering the vehicles. The vehicle storage area, including all driveways and access roads, shall be surfaced in a manner so as to prevent the listed conditions. An acceptable surface includes concrete, asphalt, asphaltic concrete, or decomposed granite with oil. . All areas open to vehicular traffic; shall be paved with cement,, asphalt surfacing or oil and aggregate mixture. 6. The entire site is to be continuously maintained to prevent accumulation of trash, combustible waste, and hazardous debris. 7. The storage yard must be a reasonable distance from public transportation. . Stored vehicles shall be arranged to provide reasonable and immediate inspection a.t any time by the Cityis agents. The Contractor shall provide service to the public twenty-four 4 hours a day, seven(7) days a week so that an owner may pay towing and storage fees at the Storage Yard where their vehicle is stored and obtain its release. The Contractor is responsible for the reasonable care, custody, security, and control of any property contained in towed or stored vehicles. All items removed from a vehicle or left stored within the vehicle shall be released to the owner or agent of the impounded vehicle upon demand during normal business hours unless the vehicle is under law enforcement Hold. Vehicles may not be taken off -site of the Storage Yard, without the City's permission. .7 Minimum Lighting Requirements - Storage Lot There must be adequate lighting, and all yard and office construction must comply with applicable building codes, fire codes, and zoning regulations. The minimum lighting requirements per ten thousand 10,00) square feet are in effect unless zoning or other local regulations dictate increased or diminished lighting requirements: 1. Four (4) incandescent medium -wide flood lights, or . Three (3) 300-Watt quartz halogen lights, or . Two too -Watt high-pressure sodium lights. Contract for Towing &. Impound Services Oct 1, 2021 —Sept 30, 2023 City of National City and Alexandra Investments, Inc., DBA Anelo's Towing & Recovery 237 of 550 9.8 mobile Examinaticm .Area; Contractor will set aside an area of sufficient size to place a standard sized passenger sedan and have a minimum of forty-eight inches from each side, the front, and rear of the vehicle for the purpose of inspecting the vehicle. This examination area must be flat, level, and paved with concrete, asphalt or asphaltic -concrete, or other suitable all weather surfaces. 9.9 ure : e - i . -nti 1 _ V i isle Vehicles impounded by City for investigative purposes shall be held in a maximally secured, non-public area of Contractor's property until released by City. Contractor shall insure, by the use of various security devices and measures, including but not limited to walls, fences, containers, buildings or the like, that no unauthorized person, whether intentionally or accidentally can come into physical contact with evidentiary vehicles. Located within the storage yard, Contractor shall set aside a secure area, sufficient in size to hold four (4) vvehicles, with sufficient room to walk around, open doors, and examine each separate vehicle. .10 Speciaw1Q,peratiem During the Contract period, it is anticipated that numerous special police operations may be conducted that require the towing of vehicles. An example of this type of operation eration is � a Sobriety/Driver's License checkpoint. The Police Department will attempt to equally distribute these special operations between the Contractors. However, many of these operations have special date or period requirements beyond the control of the Police Department. Due to these special requirements, a Contractor may obtain more operations thari the other Contractors. The Contractors agree to this potentially inequitable distribution of special operations as a City Contractor. EQUIREMENTS 10.0 Minimui Insurance Requirements Ali required insurance shall be submitted to the City prior to the granting of the provisional award. Failure to provide the insurance certificates as previously set out shall cause the bid to be rejected as non -responsive. The Contractor shall maintain insurance in full force and effect during the entire period of performance under contract. Failure to do so shall be cause for immediate termination of the contract. All policies must have a thirty (30) day cancellation clause, giving the City thirty (30) days prior written notice in the event a policy is cancelled. At the end of each contract year, the City reserves the right to review insurance requirements and to require more or less coverage, depending upon assessment of the risk, the Contractor's past experience, and the availability and affordability of increased liability insurance coverage. Contract for Towing & Impound Services 30 Oct I, 2021 —Sept 30, 2023 019 City of rational City and Alexandra Investments, Inc.. DBA Angelo's Towing & Recovery T. 1. 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 th•e City's Risk Manager approves. 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 All policies must be endorsed to provide that the insurance afforded by Contractor is primary to any insurance or self --insurance maintained by City and its elected officials, officers, employees, agents, and representatives as respects operations of the Named Insured. Any insurance or self-insurance maintained by City and its elected officials, officers, employees, agents, and representatives shall be in excess of Contractor's insurance and shall not contribute to it. The following coverage is required: Commercial General Liability Insurance, with minimum limits of either $2,000,000 per occurrence and $4,000,000 aggregate, covering all bodily injury and property damage arising out of its operations, work, or performance under this Agreement. The policyshall 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" ro+ect" or "location" should be noted withspecificity on an endorsement that shall be incorporated into the policy. . Automobile Liability for a minimum of two million dollars combined single limit ($2,000,00000 CSL) per person and four million dollars ($4000,000X0) per accident, The City of National City must be named as an additional insured on the certificate. Garage Keepers minimum of one million dollars each occurrence 1,000,000.00 EO). On Hook/Cargo in amounts not less (han fifty thousand dollars (S50,000.00) / twenty thousand dollars 0,000.00) /one hundred thousand dollars 100,000.00), the maximum deductible shall be no more than two thousand five hundred dollars 500.00). Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of the Contractor's employees and employers' liability insurance with limits of at least 51,000,000 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.. The City does not require a performance bond. If required insurancecoverage is provided on a `claims made' rather than `occurrence' form, the contractor shall maintain such insurance coverage for threeyears after expiration iration g p of the term (and any extensions) of the contract. Any aggregate insurance limits must apply solely to the Contract. Contract for Towing & impound Services Oct 1, 2021 —Sept 30, 2023 31 \I OD City of National City and Alexandra Investments, Inc., DBA Angelo's Towing & Recovery 239 of 550 The Certificate Holder for all policies of insurance required by this Agreement shall be: City of National City c/o Risk Manager 1243 National City Boulevard National City, C.A. 91950-4397 This Agreement shall not take effect untilcertificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with, and approved by theCity's Risk Manager. 11.0 CO . TR.. o !AGR_._ ME The parties acknowledge and agree that 1 each party is of equal bargaining strength; (2) each party has actively participated in the drafting, preparation and negotiation of this Agreement; ent; (3) 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 matterscontemplated under thisAgreement; (4) each party and such party's counsel and advisors have reviewed this Agreement; (5) each party has agreed to enter into this Agreement following such review and the rendering of such advice; and any rule or construction to the effect that ambiguitiesare to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any attachments, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. [Signature Page to Follow] Contra.ct for Towing Impound Services 32 Oct 1 2I md City of National City and Alexandra Investments, Inc.,' DBA Angelo' 8 Towing & Recovery 240 of 550 CITY OF NATIONAL CITY By: Alejandra Sotelo Solis, Mayor APPROVED AS TO FORM: ALEXANDRA INVESTMENTS, INC., DIVA ANGELO'S TOWING . RECOVERY By. By: Pi Charles E. Bell, Jr. City Attorney Contract for Towing : Impound Services 33 \ act 1, 2021 —Sew 30, 202.3 Owner Owner City of National City and Alexandra Investments, Inc.} DI3A Angelo's Towing . Recovery 241 of 550 ATTACHMENT A TOWING FEE SCHEDULE SERVICE • BASIC TOWING FEE Includes first hour hookup, labor, standby time, for vehicles under 9,500 GVW (unloaded), i 180.00 • MEDIUM SIZE - BASIC TOWING Includes first hour hookup, labor, standby time, for vehicles over 9,500 GVW but less than 22,000 GVW (unloaded). 205.00 LARGE SIZE - BASIC TOWING Includes first hour hookup, labor, standby time, for vehicles over 22,000 GVW (Unloaded). 240.00 • ON -SCENE OR STAND-BY Labor = Each 15-minute increment, beyond first hour is charged only when extra ordinary labor must be expended to recover a vehicle. Stand-by is charged when the job cannot be started and must be explained on the tow bill. 40.00 • DOLLIES Will only be used when there is not a less expensive safe manner of handling the situation. 55.00 • DRY RUN May also be known as a "hook-up — drop fee" and is charged when the vehicle is hook.c.%,d up and the owner returns before the vehicle is in transit. 6. 50.00 • PER MILE TOWING Applies only to vehicles recovered outside the jurisdiction of the City of NationalCity. • MAXIMUM STORAGE - PER DAY Per day is defined as a -hour period. • STORAGE PER HOUR Up to maximum of 15.00 per hour. AFTER-HOURS VEHICLE -RELEASE $ 5.00 $ 50.00 $15.00 After 6 p.m. and before 8 a.m., including weekends and all holidays. • NOTIFICATION OF LIEN SALE Vehicle valued at less than $40O0 (228(22851.12 CVC). Contract for Towing & Impound Services 34 \ 3.„ Oct. 1. 2021 -Sept 30,20230 $ 65.00 $ 70.00 City of National City and Alexandra Investments, Inc,, IBA Angelo's Towing & Recovery 242 of 550 • NOTIFICATION OF LIEN SALE 100.00 Vehicle valued at over $4,000. (22851.12 CVC). • POLICE EQUIPMENT TOWING Inside jurisdictional limits of National City. No Charge • CITY UIPME T TOWING Includes all City vehicles. Also includes police vehicles towed from outside Basic jurisdictional limits of National City. Towing Fee • EVIDENTIARY TOWING ND STORAGE Daily storage fees for City/vehicles, seized vehicles, and vehicles for basic evidentiary purposes. • TOWING VICTIMS VEHICLES CITY ADMINISTRATIVE • NEGLIGENT VEHICLE IMPOUND ELEAS • SERIOUS TRAFFIC OFFENDER PROGRAM 25% of daily storage fee % of Basic Towing Fee $60.00 Contract for Towing & Impound Services 35 \ 1 FEE'S $124.00 $15OOo City of National City and Alexandra Investments, Inc., DI3A Angelo's Towing & Recovery 243 of 550 ATTACHMENT B Pursuant to Section 7.9 of this Agreement, the Negligent Vehicle Impound Release Fee shall apply lip to vehicles impounded pursuant to the following California Vehicle Code sections and/or National City Municipal Code sections. One or more the listed sections must be included on the impounding documents. Jifornia Vehicle Code 22500 et seq. 22500.1 22651 (a) 22651 (b) 22651 (d) 22651 (e) 22651 (h) 22651 (1) 22651 (j) 22651 (k) 22651 (1) 22651 (m) 22651 (n) 22651 (o) (1) 22651 (p) 22651 (r) 22652 22653 (c) 22655 (a) 22656 22669 et seq. Prohibited Stopping, Standing, or Parking Prohibited Stopping, Standing, or Parking: Fire Lane Unattended on Bridge Hazard to flow of traffic Blocking a driveway Blocking fire hydrant access Operator taken into custody - not practical to park or lock Unpaid parking citations Illegally parked and no evidence of registration displayed Parking over 72 hours Temporary tow away signs for street repair Highway authorization for other use, with 4-hour notice No parking tow away signs posted Expired registration in excess of six months Unlicensed or suspended/ revoked license in violation of 12500, 14601, 14601.1, 14601.2, 14 01. , 14601.4, 14 01. , or 14604. Illegally parked, blocking a legally parked vehicle Illegally parked in designated handicapped parking space Removal from private property, at request of property owner, when operator is taken into custody Hit & Run suspect vehicle Illegally parked or abandoned within 7-1/2 feet of nearest railroad rail Removal of Abandoned Vehicles as determined pursuant to section 22523 CVC Contract for Towing & Impound Services 36 vs, Oct I, 2021 —Sept 30, 2023 City of National City and Alexandra Investments, Inc., DBA n elo's Towing & Recovery National City Municipal Code 11. 2.060 Illegally parked = 72 hour violation - vehicle removal 11.32.070 illegally parked - Restricted hours - vehicle removal 11.32.160 Illegally parked Emergency parking - vehicle removal 11 ` 2.2 0 (e) Illegally parked - Taxi Stand - vehicle removal Contract for Towing Impound Services 37 0 Oct 1, 2021 —Sept 30, 2023 City of National City and Alexandra Investments, Inc., DBA Angelo's Towing & Recovery 245 of 550 ATTACHMENT Pursuant to Section 7.14 of this Agreement, the Serious Traffic Offender Program Fee shall apply to vehicles impounded pursuant to the following California Vehicle Code Sections. One or more of the following sections must be included on the impounding documents. California Vehicle Code 22651(p) Includes Sections 12500, 14601, 14601.1, 14601.2, 14601.3, 14601.4, 14601.5 r 14604. 22651(h)(2) Upon service of notice of an order of Suspension or Revocation, pursuant to 13388 CVC. 14602.6 Unlicensed, Suspended or Revoked ed and involved in traffic collision. Sub- section (b) Mali, 2-day notice to legal owner. Failure to notify legal owner results in maximum fee for 15 days vehicle storage. 14602.7 Fleeing a Peace Officer - Court Order upon affidavit of Peace ffic r, to seize vehicle, not to exceed 30 days. Failure to notify legal owner 2 days' notice) results in maximum fee for 15 days vehicle storage. 14607.6 Impoundment and Forfeiture of Motor Vehicle. Contractor Towing & Impound Services 38 1 Chet 1, 2021 —Sept 30, 2023 City of National City and Alexandra Investments, Inc., DBA Angelo'Angelo's Towing . Recovery { 246 of 550 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City: 1) authorizing the Mayor to execute a three-year Agreement with Neri Landscape Architecture for a not -to -exceed amount of $2,000,000 to provide on -call project support services for National City's Capital Improvement Program (CEP), including, but not limited to, landscape architecture (including urban planning and design); and 2) authorizing the City Manager to execute any project -specific supplemental agreements, as may be required for grant funded projects. (Engineering/Public Works) Please scroll down to view the backup material. 247 of 550 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 7, 2021 AGENDA ITEM NO.: ITEM TITLE: Resolution of the City Council of the City of National City, 1) authorizing the Mayor to execute a three- year Agreement with Neri Landscape Architecture for a not -to -exceed amount of $2,000,000 to provide on -call project support services for National City's Capital Improvement Program 1P, including, but not limited to, landscape architecture (including urban planning and design); and 2) authorizing the City Manager to execute any project -specific supplemental agreements, as may be required for grant funded projects. PREPARED BY: Tirza Gonzales, Management Analyst II & EPARTMENT: Engineer biic Works PHONE: 619-336-4318 APPROVED BY: EXPLANATION: See staff report. FINANCIAL STATEMEHT. APPROVED: FINANCE ACCOUNT No. APPROVED: MIS Funds are appropriated in various CIP accounts for FY 2022; funding for subsequent fiscal years is dependent on future CIP appropriations as part of annual budget and/or future grant awards ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION Li FINAL ADOPTION STAFF RECOMMENDATION: Adopt Resolution executing an Agreement with Neri Landscape Architecture for a not -to -exceed amount of $2,000,000 to provide on -call project support services for National City's CIP. BOARD l COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Explanation 2. Agreement 3. Resolution 248 of 550 National City's Capital Improvement Program (CIP) estimates approximately $73 million in capital needs over the next five years. Projects include, for example, corridor enhancements for traffic calming, pedestrian / bicycle safety (including Americans with Disabilities Act compliance) and smart growth redevelopment; road diets and complete streets; safe routes to school; traffic signal modifications; new street lights; sewer replacement and upsi in ; storm drain improvements and implementation tion of Low - Impact Development (LID) measures for treatment of urban storm water runoff; drought tolerant landscaping; facilities improvemerits; and park amenities. In order to successfully design, manage, and construct these projects, the Engineering Public Works s Department advertised a Request for Qualifications (RFQ) for various engineering, architectural, and construction support services on May 1, 2019. Additional services requested via the RFQ include, for example, plan and map reviews, preparation of plat and legal descriptions, sewer system management and financial administration, housing and real estate development services, Building Department support services, and environmental compliance involving storm water, wastewater and hazardous materials. The RFQ was advertised on the City's website, published in the San Diego Union Tribune, e-mailed to over 100 professional consulting firms, and also advertised on PlanetBids where over 400 firms were notified. Additionally, the City hosted an Information Session regarding the RFG! process on May 14, 2019 at the MLK Jr. Community Center, which was attended by over 100 people. The Department received 71 Statement of Qualifications (SOQs) from various firms by the June 10, 2019 deadline. Copies of the SOQs received are available in the Office of the City Engineer. Based on the strength of their SOQ, interview, and past performance, staff recommends executing a three-year Agreement (with the option to extend for two, one-year extensions) with Neri Landscape Architecture for a not -to -exceed amount of $2,000,000 to provide on -call project support services for National City's CIP, including, but not limited to, landscape architecture (including urban planning and design). See Exhibit "A" for general scope of work and Exhibit , B for schedule of fees. services will be provided etas -needed" based on available funding and capital priorities. In addition, staff: recommends authorizing the City Manager to execute any project - specific supplemental agreements, as may be required for grant funded projects. These supplemental agreements would reference the terms and conditions of the attached master on -call Agreement, while incorporating additional project -specific grant requirements for use of consultant support services. Authorization to accept and appropriate grant funds, and execute grant agreements with the awarding agency (e.g. Caltrans, SANDAL, etc.) would still require separate City Council action. Funds are appropriated in various accounts for FY 2022; funding for subsequent fiscal years is dependent on future appropriations as part of annual budget. 249 of 550 AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND NERI LANDSCAPE ARCHITECTURE THIS AGREEMENT is entered into on this 7th day of September, 2021, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and NEVI LANDSCAPE ARCHITECTURE, a California corporation (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide on -call project support services for the CITY 's Capital Improvement Program (CIP); WHEREAS, on May 1, 2019, the Engineering & Public Works Department advertised a Request for Qualifications for on -call project support services for the CITY 's CIP; WHEREAS, on June 10, 2019, the CONSULTANT submitted a Statement of Qualifications S in response to the RFQ, consistent with the requirements oft .e RFQ; ; WHEREAS, the CITY has determined that the CONSULTANT is landscape engineering firm; and WHEREAS, based on evaluation of the CONSULTANT SOQ and interview, the CITY has determined that the CONSULTANT is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO Do MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CITY agrees to engage the CONSULTANT to provide on -call 'IP project support services for the CITY, and the CONSULTANT agrees to perform the services set forth here in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services shall be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement will become effective on September 7, 2021. The duration of this Agreement is for the period of September 7, 2021 through September 6, 2024. This Agreement may be extended by mutual agreement upon the same terms and conditions for an additional one 1 year term. The Parties may exercise up to two one-year extensions. Any extension of this Agreement must be approved in writing by the City Council. 250 of 550 . SCOPE OF SERVICES. The CONSULTANT will perform services as set forth in the attached Exhibit "A", including, but not limited to, landscape architecture(including urban planning and design). The CONSULTANT will be expected to submit proposals for individual task orders in a timely manner, consistent with the general scope ofservices described in. Exhibit "A". Task order proposals shall include a detailed scope of work, schedule of deliverables, and a "not -to -exceed" cost estimate. The Project Coordinator will issue a Notice to Proceed upon approval of each individual task order. After issuance of a Notice to Proceed for each individual task order, the CONSULTANT will only receive compensation for actual. work performed, on a time -and - materials basis, consistent with the detailed scope of work, and within the limits of the "not -to - exceed" cost estimate, The CONSULTANT hail be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services. 4, . PROJECT COORDINATION AND SUPERVISION. The 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. James Neri thereby is designated as the Project Director for the CONSULTANT. . COMPENSATION AND PAYMENT. The compensation . for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A" shall not exceed $2,000,000. The compensation for the CONSULTANT'S work shall not exceed the rates set forth in Exhibit "B"F Monthly invoices will be processed for payment and remitted within thirty days from receipt o.f 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 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. . 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, Standard Agreement Page 2 of 12 Revised January 2021 Neri Landscape Architecture City of National City and 251 of 550 determine the quality or acceptability of the work, the manner of performance and or the compensation payable to the CONSULTANT. '. 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 clf the CITY for use with respect to this project; and shall be turned over to the CITY upon completion of the project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CITY, and CONSULTANT thereby expressly waives and disclaims any copyright in, and the right to reproduce, all written material, drawings, plans, specifications, or other work prepared under this Agreement, except upon the CITY'S prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSUTANT 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 preparedby 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 CONSULTANT. 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 employes, 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 ement 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 T . may deem necessary for the proper and efficient performance of this Agreement. All agreements by ULTAT 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, Standard Agreement Page 3 of 12 City of National City and Revised January 2021 Neri Landscape Architecture 252 of 550 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 al l applicable ordinances, rules, and regulations of the City of National City, whether, now in force or subsequently enacted. The CONSULTANT and each of its SUBCONSUI.,TANT(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 copyof 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 licnse, 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 years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the. CONSULTANT'S professiorial 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 ommercially 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-toISCRIMINATION .PROVISIONS, The CONSULTANT shall riot 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 Standard Agreement - City of National City and Revised January 2021 Neri Landscape Architecture Page 4 of 12 253 of 550 medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all 'such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 14, however, shall not apply to any part of the information that i has been disclosed in publicly available sources of information; ii is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; iii is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT T 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, rim or corporation. CONSULTANT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 15. 15. INDEMNIFICATION AND HOLD HARMLESS. To the maximum extent provided by law, the CONSULTANT agrees to defend, indemnify, and hold harmless the City of National City, its officers, officials, agents, employees, and volunteers against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT'S negligence, recklessness, or willful misconduct in the performance of this Agreement. CITY will cooperate reasonably in the defense of any action, and CONSULTANT shall employ competent counsel, reasonably acceptable to the City Attorney. The indemnity, defense and hold harmless obligations contained herein shall survive the termination of this ,Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement. 16. EMPLOYEE PAYMENTS AND INDEMNIFICATION. 16.1 PERS Eligibility Indemnification. If CONSULTANT's T's employee(s) providing services under this Agreement claim, or is determined bya court of competent jurisdiction or the p Standard Agreement Page 5 of 12 City of National City and Revised January 2021 Neri Landscape Architecture 254 of 550 California Public Employees Retirement System ("PERS") to be eligible for enrollment in PERS of the CITY, CONSULTANT 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 suchcontributions which would otherwise be the responsibility ofthe CITY. CONSULTANT'Semployees providing service under this Agreement shalt not: (1) qualify for any compensation and benefit under .PERS; 2 be entitled to any benefits under PERS; enroll in PERS as an employee of CITY; 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. CONSULTANT's employees hereby waive any claims to benefits or. compensation described in this Section 16. This Section 16 applies to CONSULTANT notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary. 16.2 Limitationof CITY.. Liability. The payment made to CONSULTANT under this Agreement shall be the full and complete . compensation to which CONSULTANT and CONSULTANT's officers, employees, - agents, - and subCONSULTANTs are entitled for performance of any work under this Agreement. Neither CONSULTANT nor CONSULTANT' s officers, employees, agents, and subCONSULTANTs 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 CONSULTANT. The CITY shall not be required to ,pay any workers' compensation insurance ance on behalf of CONSULTANT. 16.3 Jpdmjfiio1ijorEjnpIQyeePayments. CONSULTANT 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) CONSULTANT, any employee of CONSULTANT, or (3) any .employee of CONSULTANT 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. 1.7. WORKERS' ..COMPENSATION. The CONSULTANT shall comply With all of the provisions of the Workers' Compensation Insurance and Safety Acts ofthe State of California, the applicable provisions of Division 4 and 5 of the Calitbmia Labor Code and all amendments thereto; and all similar State or federal acts or laws applicable; and shall irndemni y, and hold harmless the. CITY aaci its officers, employees, 4.0.0 volunteers from _ and . against .aii claims, demands, payments, suits, actions, proceedings, and judgments of every .nature and description, including reasonable .attorriey's fees and defense costs presented, brought pr 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 MIA require its S LTANT S , when applicable, to purchase and maintain throughout the term of this Agreement, the following insurance policies: Standard Agreement Page 6 of 12 City of National City and Revised January 2021 Neri Landscape Architecture 255 of 550 A. .If checked, Professional Liability Insurance (errors and omissions) with minimum l.irits of $1,000,000 per occurrence. 13. Automobile Insurance covering all bodily injury and property damage incurred during the performance of this A green ent, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. C. Commercial General Liability Insurance, with minimum limits of either $2,000,000 per occurrence and $4,000,000 aggregate, or $1,000,000 per occurrence and $2,000,000 aggregate with a $2,000,000 umbrella policy, covering all bodily injury and property damage arising out of its operations,. work, or performance under this Agreement. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate • add.itional 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 §ball 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 ent 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 ocers, 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, CA91950-4397 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: II according to the current Best's Key Rating Guide, or a company of equal financial stability that is approved by the CIT ' S Risk Manager. In the event coverage is provided by non- aditted "surplus lines" carriers, they must be included on the most recent List of Approved Surplus Line Insurers `LA LI" and otherwise meet rating requirements. I+ This Agreement shall not tale effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with: and approved by the Standard Agreement Page 7 of 12 City of National City and Revised January 2021 Neri Landscape Architecture itecture 256 of 550 CITY'S RiskManager. er. 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 ofthis 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 ofthis 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, Attorneys fees to the prevailing party if other than the CITY shall, i.n 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 o-days written notice to the CONSULTANT. TANT. During said -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 rind 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 rhaterials 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. Standard Agreement City yf National City and Revised January 2021 Neri Landscape Architecture Page 8 of 12 257 of 550 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. T. 21. NOTICES. All notices or other communications required or permitted hereunder shall he 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 ordina.ry nail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex teieco y, facsimile. or fax; and shall be deemed received upon the earlier of .i if personally delivered, th.e 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, ili) if mailed by registered, certified or ordinary mail, five days (ten 1 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 withcharges prepaid, or if given by telex, teleco y , 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 City of National City 1243 National City Boulevard National City, CA 1 -4 9 ' To CONSULTANT: Janes Neri ALA Neri Landscape Architects 928 Hornblend Street San Diego, CA 92109 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 ed within forty-eight 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 perfonnx 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 Standard Agreement Revised January 2021 Page 9 of 12 City of National City and Neri Landscape Architecture 258 of 550 all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT T 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 fipancial 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. n If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National l 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, eosts 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 publ.ic works contracts as set forth in California Labor Code, including but not limited to, Sections 1720, 12 . , 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 ThnePeriods. 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, oi legal holiday. B. Counterparts. This Agreement may be executed in multiple 6ounterparts, 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 pf 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 a otherwise expressly provided herein, the execution and delivery of this Agreenient 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 i . CONSULTANT shall not assign this Agreement, in whole or in part, to any other party without first obtaining the written consent of CITY. Standard Agreement Page 10 of 12 City ofNational City and Revised January 2021 Neri Landscape Architecture 259 of 550 H. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof, 1. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. The venue for any legal action arising under this Agreement shall be in either state or federal court in the County of San Diego, State of California. J. Audit. Ifthis Agreement exceeds ten -thousand dollars 1 ,o, the parties shall be subject to the examination and audit of the State Auditor for a period of three years after final payment under the Agreement, per Government Code Section 8546.7. K. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and or uni ati ns, 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. SubCONSULTANTs or Subconsuliants. 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 originalproposal or is allowed by the CITY in writing. In the event any portion ofthe 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 ofthe 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'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 P age 11 of 12 City of National City and Revised January 2021 Neri Landscape rc itect ur 260 of 550 IN WITNESS WHEREOF, the parties hereto have executed this Aueement on the date and year first above written. CITY OF I AT. OVAL CITY By: Alejandra Sotelo Solis, Mayor APPROVED TO FORM: By: Charles E. Bell _Tr. City Attorney Standard Agreement NEW LANDSCAPE HITECTUBE (Corporation — signatures of two corporate officers required) (Partnership or Sole proprietorship — one signature) By: By: ( Page 1oJ: 12 (Name) (Print) City of National City and Revised January 2021 Neri Landscape Architecture 261 of 550 EXHIBIT A COVER LETTER Dear City of National City, We would like to be the Landscape Architect for the City of National City's Engineering and Public Works Department. We have been fortunate enough to work with the City of National City Parks & Recreation Department as their As -Needed Landscape Architect for the past two years and have come to understand the City of National City's expectations; this knowledge will be invaluable in working with the Engineering and Public Works Department. We would like the opportunity to broaden this understanding by working with both departments to: identify common goals, streamline for efficiency and clarify the City's vision for the future. We are a City of San Diego certified Small Local Business Enterprise/Emerging Local Business Enterprise with over 22 years of experience in public works projects, taking them from design to dose of construction for a diverse array of clients in addition to the City of Nation& City, such as the City of San Diego, Zoological Society of San Diego, County of San Diego, and many other agencies, school districts, colleges, and private developers. This diversity has enabled NLA to creatively respond to a wide array of challenges in a cost-efficient yet beautiful way. For instance, almost 20 years ago, when the City of San Diego needed to create a large retaining wall as the result of re -directing a street, they initially were planning on a regular cement block wall. Because of our work at the San Diego Zoo's Hippo Beach project, we were able to recommend the more attractive solution of a natural -looking shotcrete wall with pockets of vibrant bougainvillea (at savings of 30%). We also have extensive experience with the United Stated Green Building Council LEED program and are proud to have been involved in projects awarded Silver, Gold and Platinum status, NLA has extensive experience working with communities while planning new public right-of-way, park and other civic improvements_ We have lead community focus groups in consensus building, facilitating productive sessions to determine community priorities then delivering localized design solutions that exceed expectations. For example, when working on renovations at Windansea Beach in La Jolla, there was a very vocal segment of the community that did not want any changes at all to this iconic parking area known locally as "The Lot". Community workshops and presentations helped to allay fears as well as communicate the desire of the City and design team to naturally restore the area and create a safer, more beautiful walkway. Our skilled workforce is ready to turn approved designs into thorough construction documents and specifications. Working with AutoCad, LandFX, Sketchup, Photoshop and Excel, we develop universal access designs and track costs at every level, maintaining a quality control check 262 of 550 system to ensure that every submittal has had two sets of eyes on It. Value engineering evens are Identified early and contractor requests for Information during bidding are answered, routed and tracked according to Client protocols. During construction, regardless of contractor means and methods, NLA verifies that work has been performed according to construction and local standards and that the design Intent has been Implemented to protect the health, safety and welfare of the public. After construction, a landscape maintenance plan guides ongoing maintenance. We have put together a turn of great consultants that we have worked with for years so that no matter what the needs of a project are, we can meet them. Our wealth of knowledge, experience, creativity, costweffectiveness and enthusiasm makes us a great partner to work with and we know we could be a define asset to the City of National Cityl Thank you for your consideration ofthese qualifications. Jim Neri, Principal, Neri Landscape Architecture 928 Ho lend Street 3, San Diego, CA 92109 858/274-3222 x201 Jimnerila.com 263 of 550 EXPERIENCE AND TECHNICAL COMPETENCE OVERVIEW Neri Landscape Architecture is a boutique firm with highly efficient and productive members. With a team of four employees that have worked together for years, NLA has been able to stream -line our design and production services to sat* r both large and small clients and to complete projects on -time and on -budget if we are awarded this contract with the City, we will consider only consider other client work If we have the resources to keep up with the work. We have a great working relationship with each of the sub -consultants listed In this SOO. As delineated by the Organizational Chart Jim Neri will manage all projects assisted by Jennifer Stahihamrner and 011ie Hadloc in our office. Any financial or grants assistance will be handled by We n dy Ned. If other disciplines are needed to complete a request from the city, Jim will manage e all tasks and correspondence to make sure that all projects are submitted and coordinated successfully. The resumes attached have each team members licenses, affiliations as well as examples of their competence, technical expertise and knowledge and understanding of state and local regulations. Each consultant is qualified to provide complete services for any project identified by the City. They have worked extensively on civic development projects and thus have an intimate knowledge of requirements in their respective fields. The project examples given after the resumes contain all Information requested as well as a description about each project that includes interesting facts, conditions or problems overcome for each Job. They show the ability NLA has to guide their team to overcome Issues that occur on each project as well as proves our expertise and competence in taking projects from design through constructioni whether small or large.. Our Firm Approach Section will address the steps NIA will take on each project with the City, from identifying scope all the way through construction services provided for the completion of the project, These items will show how able NIA is ready and willing to help the City in any way they need!. RFQ Neri Landscape Architecture city of National City CIP 7 { 264 of 550 Consuitant SAMPLE SCHEDULE 'F FEES Neri Landecape Architecture EXHIBIT B Eno Jr Amisofirrs., Labor Classification/Titl Hourly Labor Rate Principal Landscape Architect Landscape Architect Landscape Designer Drafter 175,00 $ 140400 , 120400 $ 70400 TOTAL DIRE ' L. INDM E' COSTS b) Fringe Benefits (late: ni d) Overhead (Rate:mid) I) General and Administrative (Rate .33,40 Total Fridge Benefits [a J$ nia Overhead d a g) Gen & Admin Ra) x (f)1 nia (h) TOTAL INDIRECT COSTS.[(e) (e) (g)1 n/a tIDSRLE EXPENSES 1a Mileage/Parking b Printing/Copies c Equipment Rentals fkrarmalleut-Cagis the undersigned, certify to the hest of my knowledge and belief that all costs identified in our Schedule of Fees are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and conditions. Furthermore, I acknowledge that mark-ups" for sub -consultant services will not be accepted. Maine Wendy Neri `e Principal Date 07/14/2021 265 of 550 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City: 1) authorizing the Mayor to execute a three-year Agreement with Schmidt Design Group, Inc. for a not -to -exceed amount of $2,000,000 to provide on -call project support services for National City's Capital Improvement Program (CEP), including, but not limited to, landscape architecture (including urban planning and design); and 2) authorizing the City Manager to execute any project -specific supplemental agreements, as may be required for grant funded projects. (Engineering/Public Works) Please scroll down to view the backup material. 266 of 550 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 7, 2021 AGENDA ITEM NO.: ITEM TITLE: Resolution of the City Council of the City of National City, 1) authorizing the Mayor to execute a three- year Agreement with Schmidt Design Group, Inc. for a not -to -exceed amount of $2,000,000 to provide on -call project support services for National City's Capital Improvement Program(CIF), including, but not limited to, landscape architecture (including urban planning and design), and authorizing the City Manager to execute any project -specific supplemental agreements, as may be required for grant funded projects. PREPARED ED BY: Tirza Gonzales, Management Analyst 11 EPARTMENT: Engin ublic Works PHONE: 619-336-4318 APPROVED BY: EXPLANATION: See staff report. FINANCIAL STATEMENT: APPROVED: FINANCE ACCOUNT NO. APPROVED: MIS Funds are appropriated in various CIP accounts for FY 2022; funding for subsequent fiscal years is dependent on future CIP appropriations as part of annual budget and/or future grant awards ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION Li STAFF RECOMMENDATION: Adopt Resolution executing an Agreement with Schmidt Design Group, Inc. for a not -to -exceed amount of $2,000,000 to provide on -call project support services for National City's CIP. BOARD COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Explanation 2. Agreement 3. Resolution 267 of 550 Nanat on: National Citys Capital Improvement Program (CIP) estimates approximately $73 million in capital needs over the next five years. Projects include, for example, corridor enhancements for traffic calming, pedestrian /bicycle safety (including Americans with Disabilities Act compliance) and smart growth redevelopment; road diets and complete streets; safe routes to school; traffic signal modifications; new street lights; sewer replacement and upsizing; storm drain improvements and implementation of Low - impact Development (LID) measures for treatment of urban storm water runoff; drought tolerant landscaping; facilities improvements; and park amenities. In order to successfully design, manage, and construct these projects, the Engineering & Public Works Department advertised a Request for Qualifications (RFQ) for various engineering, architectural, and construction support services on May 1, 2019. Additional services requested via the RFQ include, for example, plan and map reviews, preparation of plat and legal descriptions, sewer system management and financial administration, housing and real estate development services, Building Department support services, and environmental compliance involving storm water, wastewater and hazardous materials. The RFQ was advertised on the City's website, published in the San Diego Union Tribune, e-mailed to over 100 professional consulting firms, and also advertised on PlanetBids where over 400 firms were notified. Additionally, the City hosted an Information Session regarding the RFQ process on May 14, 2019 at the MLK Jr. Community Center, which was attended by over 100 people. The Department received 71 Statement of Qualifications (SOQs) from various firms by the June 10, 2019 deadline. Copies of the sus received are available in the office of the City Engineer. Based on the strength of their So, and interview, staff recommends executing a three- year Agreement (with the option to extend for two, one-year extensions) with Schmidt Design r Group, Inc. for a not -to -exceed amount of $2,000,000 to provide on -call project support services for National City's CIP, including, but not limited to, landscape architecture(including urban planning and design). See Exhibit "A" for general scope of work and Exhibit '1" for schedule of fees. Services will be provided "as -needed" based on available funding and capital priorities. In addition, staff recommends authorizing the City Manager to execute any project - specific supplemental agreements, as may be required for grant funded projects. These supplemerrtal agreements would reference the terms and conditions of the attached master on -call Agreement, while incorporating additional project -specific grant requirements for use of consultant support services. Authorization to accept and appropriate grant funds, and execute grant agreements with the awarding agency (e.g. Caltrans, SANDAG, etc.) would still require separate City Council action. Funds are appropriated in various accounts for FY o2 ; funding for subsequent fiscal years is dependent on future appropriations as part of annual budget. 268 of 550 AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND SCHMIDT DESIGN GROUP, INC. THIS AGREEMENT is entered into on this 7th day of September, 2021, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and SCHMIDT DESIGN GROUP, INC. a California corporation (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT T to provide on -call project support services for CITY 's Capital Improvement Program (CIP); WHEREAS, on May 1, 2019, the IT 's Engineering & Public Works Department advertised a Request for Qualifications (RFQ) for on -call project support services for CITY 's CIP; WHEREAS, on June 10, 2019, the CONSULTANT submitted a Statement of Qualifications SO in response to the RFQ, consistent with the requirements of the RFQ; WHEREAS, the CITY has determined that the CONSULTANT is landscape architecture (including urban planning and design) firm; and k WHEREAS, based on evaluation of the CONSULTANT SOQ and interview, the CITY has determined that the CONSULTANT is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: I. ENGAGEMENT of CONSULTANT. The CITY agrees to engage the CONSULTANT to provide on -call CIP project support services for the CITY, and the CONSULTANT agrees to perform the services set forth here in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services shall be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. EFFECTIVE DATE AND LENGTH RE11 ENT. This Agreement will become effective on September 7, 2021. The duration of this Agreement is for the period of September 7, 2021 through September 6, 2024. This Agreement may be extended by mutual agreement upon the same terms and conditions for an additional one (1) year terra. The Parties may exercise up to two one-year extensions. Any extension of this Agreement must be approved in writing by the City Council. 269 of 550 , SCOPE OF SERVICES. The CONSULTANT will perform services as set forth in the attached Exhibit "A", including, but not limited to, landscape architecture (including urban planning and design). The CONSULTANT will be expected to submit proposals for individual task orders in a timely manner, consistent with the general scope of services described in Exhibit "A". Task order proposals shall include a detailed scope of work, schedule of deliverables, and a "not -to -exceed" cost estimate. The Project Coordinator will issue a Notice to Proceed upon approval of each individual task order. After issuance of a Notice to Proceed for each individual task order, the CONSULTANT will only receive compensation for actual work performed, on' a time -and - materials basis, consistent with the detailed scope of work, and within the limits of the "not -to - exceed" cost estimate. The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the +CITY for such services, except as authorized in advance by the CITY. The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services. 4. PROJECT COORDINATION AND P VISI . 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. JeffreT .(TT) thereby is designated as the Project Director for the CONSULTANT. . COMPENSATION ANDPAYMENT. - The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hors worked and also materials, if an. The total cost for all work described in Exhibit "A" shall not exceed $2,000,000. The compensation for the CONSULTANT'S work shall not exceed the rates set forth in Exhibit " ", Monthly invoices will be processed for payment and remitted within thirty 0 days from receipt of invoice, provided that work is accomplishedconsistent with Exhibit "A", as determined by the CITY. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, andother evidence pertaining to costs incurred, and shall make such materials available at its office at all reasonable tunes 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 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 marmer 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, Standard Agreement City of National City and Revised January 2021 Schmidt Design Group, Inc. Page 2 of 12 270 of 550 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 shall be turned over to the CITY upon completion of the project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CITY, and CONSULTANT thereby expressly waives and disclaims any copyright in, and the right to reproduce, all written material, drawings, plans, specifications, or other work prepared under this Agreement, except upon the CITY' S prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium, or method utilize the CONSULTANT'S written work product for the CITY'S purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings, or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section14, but only with respect to the effect of the naodification 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. OR. 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' 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 contern fates the personal services of the CONSULTANT SULTANT 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) T( shall require the U ULTA T 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, Standard Agreement City of National City and Revised January 2021 Schmidt Design Group, In . Page 3 of 12 271 of 550 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 ofthe 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 STJ DNS LTA T S , shall obtain and maintain a current City ofNational ual 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 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 CIT ' 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. 1# NON-DISCRIMINATION PROVISIONS. The CONSULTANT T 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 Standard Agreement Page 4 of 12 City of National City and Revised January 021 Schmidt Design Group, Inc, 272 of 550 medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL _ INFORMATION. The CITY may from time to tine 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 ofthe 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;(i.i) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available soirees of information; (iii) s 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 nate, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT'S negligence, recklessness, or willful misconduct in the performance of this Agreement. CITY will cooperate reasonably in the defense of any action, and CONSULTANT shall employ competent counsel, reasonably acceptable to the City Attorney. The indemnity, defense and hold harmless obligations contained herein (shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement. 16. EMPLOYEE PAYMENTS NTS .ND INDEMNIFICATION. 16.1 PERS Eligibility Indemnification. If CONTR.CTO 's employee(s) providing services under this Agreement claims, or is determined by a court of competent jurisdiction or the Standard Agreement Page 5 of 12 City of National City and Revised January 2021 Schmidt Design Group, Inc, 273 of 550 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; be entitled to any benefits under PERS; enroll in PERS as an employee of CITY; receive any employer contributions paid by CITY for PERS benefits; or be entitled to any other PERS-related benefit that would accrue to a CITY employee. C TT ACT R'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 CONSULTANT under this Agreement shall be the full and complete compensation to which CONSULTANT and CONSULTANT 's officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement, Neither CONSULTANT T nor CONSULTANT. '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 CONSULTANT . The CITY shall not be required to pay any workers' compensation insurance on behalf of CONSULTANT . 16.3 Indemnification for Employee Payment. CONSULTANT 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) CONSULTANT , any employee of CONSULTANT , or any employee of CONSULTANT. 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 TSULTAI T 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 tear of this Agreement, the following insurance policies: Standard Agreement Page 6 of 12 City of 'National City and Revised January 2021 Schmidt Design Group, Inc. 274 of 550 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. 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 p y damage arising out of its operations, work, or performance under this .greeient, 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 t 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 days prior written -notice to the MITY'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 nnaintain 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, CA91950-4397 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 est'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* Standard Agreement Page 7 of 12 ty o 'National City and Revised January 2021 Schmidt Design. Group, Inc. 275 of 550 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 Xi 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 j'udgrnent or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by :the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONSULTANT. During said 0-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 Standard Agreement City of National City and Revised January 2021 Schmidt Design Group, Inc, Page 8 of 12 276 of 550 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; a reorganization of the CONSULTANT for the benefit of creditors; or 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 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 .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 City of National City 1243 National City Boulevard National City, CA 91950-4397 To CONSULTANT: Jeffrey T. JT Barr Vice President Schmidt Design Group 1310 Rosecrans St., Ste. G San Diego, CA 21 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 4 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 1irid. 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, Standard Agreement Page 9 of 12 City afNational City and Revised January 2021 Schmidt Design Group, Tajo, 277 of 550 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 T 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. D 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 RATI' 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, them 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. E. 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 4 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 e 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 teas and conditions of this Agreement shall 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. CONSULTANT shall not assign this Agreement, in whole or in part, to any other party without first obtaining the written consent of CITY. Standard Agreement City of National City and Revised January 2021 Schmidt Design Group, Inc. Page 10 of 12 278 of 550 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. 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. Ifthis.Agrcement exceeds ten -thousand dollars 1 , 00 , 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. I. 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 ratter 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. T . Successors and Assigns. s. 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, 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. 11/ Standard Agreement City of National City and Revised January 2021 Schmidt Design group, Iiie. Page 11of1 279 of 550 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Alejandro Sotelo Solis, Mayor APPROVED AS TO FORM: By: Charles E. Bell Jr. City Attorney Standard Agreement SCHMIDT DESIGN GROUP, INC. (Comoration — signatures of two corporate officers required) (Partnership or Sole proprietorship — one signature) By: (Fri 2/ Glen Schmidt President (Title) Glen Schmidt (Print) Secretary (Title) City of National City and Revised January 2021 Schmidt Design Group, Inc. Page 12 of 12 280 of 550 EXHIBIT A ON -CALL PROJECT SUPPORT SERVICES FOR NATION CITY'S GAP LANDSCAPE ARCHITECTURE ADDITIONAL PUBLIC AGENCY COLLABORATIONS C!T!ES National City Alhambra Carlsbad Chula Vista Coronado Costa Mesa El Cajon Encinitas Escondido Imperial Beach La Mesa La Puente Lemon Grove Oceanside Poway San Marcos Santa Barbara Santee Solana Beach Vista SAN DIEGO COUNTY Office of Education Water Authority Housing Commission ADDITIONAL AGENCIES CA. Department of Transportation Civic San Diego County of Imperial/Public Works Department County of Riverside/ Regional Parks & Open Space District Division of the State Architect Olivenhain Municipal Water District Executive Summary Schmidt Design Group provides comprehensive landscape architecture and planning services. We are a client -centered, service -oriented design firm dedicated to creating signature spaces that reflect the character and vision of the communities in which we work. Founded in 1983, Schmidt Design Group has 36 years of experience providing expert landscape architecture and planning services to more than 65 municipalities throughout California. We are proud to have received more than 145 local, state, and national awards for design and technical excellence. The firm is headquartered in San Diego, California with a branch office in Fairfield, CA and Orange, CT. Staffing The staff includes 23 employees, comprised of eight (8) licensed landscape architects, three (3) LEED accredited professionals, two 2 SITES accredited professionals, a certified arborist, a certified playground safety inspector, two (2) qualified SWPPP developers preparers, and a certified landscape irrigation auditor, PUBLIC AGENCY COLLABORATION For more than 36 years, our firm has provided innovative design solutions and community facilitation for over 65 public municipalities throughout California. Schmidt Design Group, Inc. has extensive experience in providing "On -call" professional services, including working for numerous public agencies. We operate as an extension of City staff and approach each project with an open mind and collaborative spirit. A few recent public agency partnerships include: PUBLIC AGENCY ON -CALL COLLABORATIONS • City of National City: On -Call 2014-2015 (Subconsultant) City of San Diego: As -Needed Contracts 2006-2019 • City of Irvine: As -Needed Contract 2010, 2016 • San Diego Unified School District (SDUSD): As -Needed Contracts 2001-2019 ▪ NAVFAQ Southwest Division:On-Call 2016-2021 • North County Transit District: As -Needed Contract 2015-2016 • County of Orange, OC Parks Division: On -Call Contract 2009 Maple Street Pedestrian Plaza, Escondido, CA 281 of 550 ON -CALL PROJECT SUPPORT SERVICES FOR NATION CITY'S SIP LANDSCAPE ARCHITECTURE Prime Consultant Schmidt Design Group Landscape Architecture, SBE-Micro SLBE (Application pending) .SubconsuRants Chen Ryan Associates Civil Engineering WBE DBE Group Delta Geotechniccil Engineering BSE Engineering MEP Engineering SBE I SLBE Aark Engineering Structure! Engineering SBE f SLBE QUALIFIED TEAM JT Barr, ASLA, PLA is the Vice President with the firm and will be the Principal in Charge for this effort. He will be involved in all aspects of the project and will bring his significant management and design expertise to each task authorization. He brings nearly two decades of design experience to the firm with an emphasis on creating authentic and memorable spaces within the public realm. He recently led the successful design and construction of the North End at Liberty Station, Charles Lewis III Memorial Park, and Kimball Park Renovation. Our expertise is supported by a sincere commitment from all team members to exceed National City's expectations. QUALIFIED EXPERIENCE Schmidt Design Group, Inc. believes the team's qualifications are best demonstrated through the depth of our project experience. Our firm has successfully created more than 300 public places and projects for more than 65 municipalities within California. Below is a snapshot of recent experience highlights. 1NFRASTRUCTURE/UTILI TY • Streetscapes • Reservoir,Pipeline Projects • Linear Trails and Corridors • Interpretive Education Projects • Transportation Projects PUBLIC FACILITIES • Public Buildings Landscaping • Public Planning Projects • Coastal Projects • Public School Facilities PARKS & RECREATION • New Regional and Community Parks • New Neighborhood Parks • Public Park Renovations 9 Skate Parks SPECIAL SERVICES • Community Outreach/Consensus Building • Meeting Facilitation • Public Art/Artist Collaboration • Certified Playground Safety Inspections • Arborist Services • Identity Signage, Wayfinding, Interpretive Education • Visual Simulations 3D Modeling • Standardized Design Guidelines • Expert Witness SUSTAINABLE SERVICES • USGBC LEED Design • Low Impact Development • Habitat Restoration/Revegetation • Wetland Preservation • Creek Restoration and Daylighting • Water Quality and Conservation • Irrigation Management (Drainage/Run off Mitigation) • Green Roof Design • Active Public Involvement/Awareness 6 282 of 550 ON --CALL PROJECT SUPPORT SERVICES FOR NATION CITY'S CIP LANDSCAPE ARCHITECTURE DISCIPLINE OF INTEREST Landscape Architecture FIRM LOCATION Headquarters: 1310 Rosecrans St. Suite G. San Diego, CA 9 106 LEGAL FORM 5 Corporation FIN33-0443626 CERTIFICATIONS Licensed Landscape Architects CAIIVIA.IUTI OH SE CT AWARDS 31 American Society of Landscape Architects San Diego Honor, Merit, & President's Awards 13 San Diego Architectural Foundation, People's Choice Orchid Award 13 California Parks and Recreation Society 24 American Public Works Association 8 American Society of Civil Engineers CONTACT _IT Barr, PLA, ASIA Vice President 1310 fosecrans Street, St. G San Diego, CA 92106 619.236.1462 x107 jtbarrPschmidtdesign.com Firm Information Orange Park, Chula Vista, CA SCHttfilIDT DESIGN GROUP provides comprehensive landscape architecture and planning services, with an emphasis on balancing artistic design with environmental sensitivity. We are a client -centered, service -oriented small business dedicated to creating signature spaces that reflect the character and vision of the communities in which we work. FIRM BACKGROUND Founded in 1983, Schmidt Design Group has 36 years of experience providing expert landscape architecture and planning services to more than 65 municipalities throughout California. We are proud to have received more than 145 focal, state, and national awards for design and technical excellence. The firm is headquartered in San Diego, California with a branch office in Fairfield, CA and Orange, CT. A portfolio of the firm's award -winning work can be viewed at www. schmidtdesin.corn. EXPERTISE INCLUDES Schmidt Design Group specializes in public -realm design and has provided innovative design solutions and community facilitation for public municipalities throughout California. The firm is a recognized leader in promoting and implementing sustainable solutions in the built environment, including Low Impact Development (LID) water quality improvements. Long before State requirements, the firm was promoting sustainable solutions. STAFFING The staff includes 23 employees, comprised of eight (8) licensed landscape architects, three 3 LEED accredited professionals, two 2 SITES accredited professionals, a certified arborist, a certified playground safety inspector, two (2) qualified SWPPP developers/preparers, and a certified landscape irrigation auditor. 283 of 550 EXfflBIT B Local Assistance Procedures Manual EXHIBIT 10-H2 Cost Proposal EDIT 10-112 COST P of SAL Page 1 of5 SPECIFIC RUE OF COMPENSATION (USE FOR ON -CALL OR AS -NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING .AND INSPECTION CONTRACTS) Note: Mark-ups are Not Allowed Consultant Schmidt Design Group,Inc. Prince Consuitant Subconsultant 2i2c1 Tier Subconsultant Project No. On -Call Landscape Architecture — National Cityt Contract No. Participation_ Amount Date 7/ 1, For Combined Rate Fringe Benefit % + General &Administrative % 44.7% ± 119% OR = 163.7 Combined ICR% For Home Office Rate For Field Office Rate Fringe Benefit % + General &Administrative % Fringe Benefit % + General &Administrative % Home Office ICR% Field Office ICR% BILLING INFORMATION Fee CALCULATION INFORMAIION 12% Tame e Title/Classi i ataon' Hourly BillingRates + Straight' T(1. ) OT(2x)From Effective Date of Hourly Rate To .Actual or Avg [urly Rate' ° o or Increase Hourly Range for Classifications Only $2.34. 7 $0.00 $0.00 8 1 1 7/31/2022 $79.32 Glen Schmidt* Principal/President $234,27 $ ,00 $0.00 8/1/2022 7/31/2023 $79.320,00% N/A $ 34. 7 $0. 0 0. 0 J� j f 1/ 023 /31/ 0 4 $79.32 0 00% $166.84 $0.00 $0.00 8/1/2021 7/31/2022 $56.49 PrincipaliPartu.er $1 6.84 $0.00 $0,00 8/1/2022 7/31/2023 $56.49 0.00% $ 2. - $ 0,09 $1 +6. 4 $0.00 $0.00 8/1/2023 7/31/2024 $56.49 0. 0% Page 1 of 5 Local Assistance Procedures Manual EXHIBIT 10-H2 Cost Proposal Associate $137.96 $137.96 $137.96 $0.00 $0.00 .00 $0.00 $0.00 $ . 0 8/1/2021 8/1/2022 8/1/2023 7/31/2022 7/31/2023 7/31/2024 $46.71 $46.71 $46.71 0.00% 0.00% $4 . - $4 . $135.86 $0.00 $0.00 8/1/2021 7/31/2022 $4 . 0 Senior Proj ect Manager $135.86 $0.00 0.00 8/1/2022 7/31/2023 23 4 . 0 I 0.00% $46.00 - $46.00 S135.86 $0.00 $0.00 8/1/2023 7/31/2024 $46.00 ; 0.00% $106.47 $0,00 $0.00 8/1/2021 7131/2022 $36.05 Project Manager $10 .47 $0,00 $0.00 8/1/2022 7/31/2023 $36.05 0.00% $33.0 - $3 .4+ $10 .47 $0.00 $0.00 8/1/2023 7/31/2024 $36.05 0.00% $94.51 $0.00 $0.0 8/1/2021 7/31/2022 $32.00 Senior Designer $94.51 $0.00 $0.00 8/1/2022 7/31/2023 $32,00 0.00% $31.25 - $34.00 $94.51 $0.00 $0.00 8/1/2023 7/31/2024 $32.00 0.00% $84.62 $0.00 $0.0 8/1/2021 :. 7/31/2022 $28.65 Designer 11 $ 4.62 $0.00 $0.00 8/1/2022 7/3112023 $28.65 0.00% $27.50 - $ 1.0 - $84.62 $0.00 $0.0 8/1/2023 I. 7/31/2024 $28.65 0.00% $74.46 $0.00 $0.00 1 2 21 7/31/2022 $2 .21 Designer 1 $74.46 $0.00 $0.00 8/1/2022 7/31/2023 $25.21 •• 0.00% $ 4.00 - $26. 0 $74.46 $0.00 $0.00 /1 /2 2 7/31/2024 $25.21 0.00% $88.75 $0.00 $0.00 8/1/2021 • 7/31/2022 $30.05 ; 1 , Administrative $88.75 $0.00 $0.00 8/1/2022 7/31/2023 $30.05 ; 0.00% $30.05 - $30.05 $88.75 .S0.00 $0.00 8/1/2023 7/31/2024 $30.05 ' 0,00% (Add pages as necessary) NOTES: 1. Key personnel must be marked with an asterisk *) and employees that are subject to prevailing wage requirements must be eked with two asterisks (").All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals. 2. The cost proposal fomiat shall not be amended. 3. Billing ram = actual hourly rate * (1+ I (1+ Fee) Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognizant agency or accepted by Caltrans. All costs must comply with the Federal cost principles for reimbursement. 4. For named employees and key personnel enter the actual hourly rate. For classifications only, enter the Average Hourly- Rate for that classification. Paeof Local Assistance Procedures Manual EXHIBIT 0-H2 Cost Proposal EXHIBIT 10-H2 COST PROPOSAL Page 4 of 5 SPECIFIC RATE OF COMPENSATION (USE FOR ON -CALL OR AS -NEEDED CONTRACTS) (CoNsuwcnoN ENGNEERING AND INSPECTION CONTRACTS) Consultant ch.idt Desi Group, .c. Project No.On-Call Landscape Architecture — National al cif Contract No. Mileage Printing — in house Printin External Prime Consultant E ubcons.tant Participation Amount $ Date I2 1 SCHEDULE OF OTHER DIRECT COST ITEMS (Add additional pages as necessary; Description of Item 9uantity Unit Actual Mile Actual _..._ q Unit Cost IRS Rate 1.50 Total_ . . Actual Actual Actual Each Actual Actual Note: Add additional pages if necessary. NOTES: 1. Pre -approved travel and Per Diem will be reimbursed in accordance with the current Calthins Travel Guide for consultants, and detailed in executed Task Order Cost Estimates. No charge will be invoiced for employee relocation costs. Vehicle mileage for special project -related trips with Client approval shall be charted as an additional cost at the lower ofthe County mileage reimbursement rate or the State -approved mileage reimbursement rate. 2. List other direct cost items with estimated costs. These costs should be competitive in their respective industries and supported with appropriate documentation. 3. Proposed ODC items should be consistently billed regardless of client and contract type. 4. Items when incurred for the same purpose, in like circumstance, should not be included in any indirect cost pool yr in the overhead rate. 5. Items such as special tooling, will be reimbursed at actual cost with supporting documentation (invoice). 6. Items listed above that would be considered "tools ofthe trade" are not reimbursable as other direct cost. 7. Travel related costs should be pre -approved by the contracting agency and shall not exceed current State Department of Personnel Administration rules. 8. If mileage is claimed, the rate should be properly supported by the consultant's calculation oftheir- actual costs for company vehicles. In addition, the wiles claimed should be supported by mileage logs. 9. 'fa consultant proposes rental costs for a vehicle, the company must demonstrate that this is its standard procedure for all oftheir contracts and that they do not own any vehicles that could be used for the same purpose. 10. The cost proposal format shall not be amended. All costs must comply with the Federal cost principles. 11. Add additional pages ifnecessary. 12. Subconsultants must provide their own cost proposals. Page 3 of Local Assistance Procedures Manual EXHIBIT 10-H2 COST PROPOSAL Page 5 of 5 Certification of Direct Costs: EXHBIT 10-H2 Cost Proposal 1, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to thecontract in accordance with the contract terms and the following requirements: 1. Generally Accepted Accounting Principles (GAAP) 2. Terms and conditions of the contract 3. Title 23 United States Code Section 11 - Letting of Contracts 4. 48 Code of Federal Regulations Part 3.1 - Contract Cost Principles and Procedures 5. 23 Code of Federal Regulations Part 172 - Procurement, Management. and Administration of Engineering and Design Related ated Service 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. 'rime Consultant or Subconsultant Certifying: Name: citelzSchmidt Title*: President Signature : Date of Certification (rnrn/ddlyyyy): o l 2l o 1 Email: gsclamidta.schmidtdesign,com Phone Number: 1 - Address: 1.310 Rosecrans Street. Ste. G. San Diego, CA 92106 3-142 * An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract. List services the consultant is providing under the proposed contract: Landscape .Architecture Page 4 of 287 of 550 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 Agreement with Project Professionals Corporation, increasing the not -to -exceed amount by $1,000,000 for a total Agreement amount of $3,000,000, to provide on -call project support services for National City's Capital Improvement Program (CIP), including, but not limited to, project management; engineering; construction management, inspections and certified payroll; plan reviews; constructability reviews; community outreach and communications. (Engineering/Public Works) Please scroll down to view the backup material. 288 of 550 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 7, 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 Agreement with Project Professionals Corporation, increasing the not -to -exceed amount by $1,000,000 for a total Agreement amount of $3,000,000, to provide on -call project support services for National City's Capital Improvement Program (CIP), including, but not limited to, project management; engineering; construction management, inspections and certified payroll; plan reviews; constructability reviews; community outreach and communications. PREPARED BY: Jose Lopez, Deputy City Engineer PHONE: 619-336-4312 EXPLANATION: See staff report. DEPARTMENT: Eng APPROVED BY: Public Works FINANCIAL STATEMENT: APPROVED: FINANCE ACCOUNT No. APPROVED: MIS Funds are appropriated in various CIP accounts for FY 2022; funding for subsequent fiscal years is dependent on future appropriations as part of annual budget.. EN IRONMENTAL REVIE1 : This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION Li STAFF RECOMMENDATiON: Adopt Resolution executing a First Amendment to the Agreement with Project Professionals Corporation. BOARD I COMMISSION RECOMMENDATION: ATTACHMENTS 1. Explanation 2. First Amendment to Agreement 3. Resolution 289 of 550 Explanation: The Engineering & Public Works Department advertised a Request for Qualifications (RFQ)for various engineering, architectural and construction support services on May 1, 2019. Additional services requested via the RFQ include, for example, plan and map reviews, preparation of plat and legal descriptions, sewer system management and financial administration, housing and real estate development services, Building Department support services, and environmental compliance involving storm water, wastewater and hazardous materials. The RFQ was advertised on the City's website, published in the San Diego Union Tribune, e-mailed to over 100 professional consulting firms and also advertised on PlanetBids where over 400 firms were notified. Additionally, the City hosted an Information Session regarding the RFQ process on May 14, 2019 at the MLK Jr. Community Center, which was attended by over 100 people. The Department received 71 Statement of Qualifications S s from various firms by the June 10, 2019 deadline. Copies of the SOQs received are available in the Office of the City Engineer. Based on the strength of their S , interview and past performance, the City of National City entered into an Agreement with Project Professionals Corporation on November 5, 2019, per City Council Resolution No. 2019-152, to provide on -call support services for National City's Capital Improvement Program (CIP), including, but not limited to, project management; engineering; construction management, inspections and certified payroll; plan reviews; constructability reviews; community outreach and communications. The original Agreement is for a not -to -exceed amount of $2,000,000 and a terra of three years, with the option to extend for two one-year extensions. Both parties desire to execute a First Amendment to increase the not -to exceed amount by $1,O00000, for a total Agreement amount of $3,000,000 to allow Project Professionals Corporation to continue providing CIP support services. The City's 5- Year CIP estimates approximately million in capital improvements over the next five years. See attached First Amendment to Agreement. The City's implementation rate averages about fifteen projects a year totaling approximately $15,3 million. Historically, Project Professionals Corporation has provided the City with an average of $1,000,000 in services per year. Project Professionals Corporation has assisted the City in the delivery of the following: • Nine grant funded projects: eight traffic signal and ALGA improvement projects citywide and the Paradise Creek Educational Park Expansion; and • Two sewer upsizing projects: one fully constructed, and the other recently finalized its construction plans; and • Three (3) facility improvements projects: Camacho Gym, Las Palmas Municipal Pool, and City Hall. 290 of 550 The City pays Prevailing Wage to all contractors working n the CIP, as well as to Project Professionals Corporation's public works inspector as required by the State. It should be noted that all Construction Management consultants go through a project task competitive process that follows state guidelines in order to be awarded each individual project task. Staff recommends nd executing a First Amendment to the Agreement with Project Professionals Corporation. Funds are appropriated in various CIP accounts and will be encumbered on an as - needed basis. 291 of 550 AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND PROJECT PROFESSIONALS CORP RATI THIS VT AMENDMENT TO THE AGREEMENT EEMENT is entered into this Tril day of September, 2021, by and between the CITY OF NATIONAL I AL CITY, a municipal corporation ("CITY"), and PROJECT PROFESSIONALS CORPORATION, a California corporation (the "CONSULTANT"). RECITALS LS WHEREAS, the CITY and the CONSULTANT entered into an Agreement on November 5, 2019 ("the Agreement"), wherein the CONSULTANT agreed to provide on - call project support services for CITY 's Capital Improvement Program (CIP),including but not limited to, project management; engineering construction management; inspection and certified payroll; plan reviews; constructability reviews; community outreach and communications, for a not -to -exceed amount of $2,000,000, and a term of three years, with the option to extend this term for up to two (2), one-year extensions; and WHEREAS, S, based on the CONSULTANT'S T'S performance and quality of work, and to ensure timely completion of CIPs, the CITY desires to have the CONSULTANT continue providing on -call project support services for CITY's CIP, and the CONSULTANT is willing to perform such services; and WHEREAS, the parties desire to amend the Agreement by increasing the $2,000,000 not -to -exceed amount by $1,000,000, for a total not -to -exceed amount of $3,000 ,00 . AGREEMENT NOW, THEREFORE, the parties hereto agree that: 1. The November , 2019 Agreement is hereby amended to increase the $2,000,000 not -to -exceed amount by $11000,000, for a total not -to -exceed amount of $3,000,000. 2. The parties further agree that, with the foregoing exceptions, each and every other term and provision of the November 5, 2019 Agreement shall remain in full force and effect. Amended Agreement Page 1 of 2 City of National City and Revised July 2021 Project Professionals Corporation 292 of 550 IN WITNESS WHEREOF, the parties hereto have executed this 1ST Amendment to the 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 PROJECT PROFESSIONALS CORPORATION (Corporation —signatures of two corporate officers required) (Name) V\1/207 (Print) C o (Title) Amended Agreement Page 2 of 2 City of National City and Revised .lull. 2021 Project Professionals Corporation 293 of 550 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 Agreement with Chen Ryan Associates, Inc., increasing the not -to -exceed amount by $1,000,000 for a total Agreement amount of $3,000,000, to provide on -call project support services for National City's Capital Improvement Program (CIP), including, but not limited to, project management; civil engineering; traffic engineering; transportation planning; plan reviews; constructability reviews; long-range planning; grants management; community outreach and communications. (Engineering/Public Works) Please scroll down to view the backup material. 294 of 550 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 7, 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 Agreement with Chen Ryan Associates, Inc., increasing the not -to -exceed amount by 1,000 000 for a total Agreement amount of 3,000, 00, to provide on -call project support services for National City's Capital Improvement Program (CIP), including, but not limited to, project management; civil engineering; traffic engineering; transportation planning; plan reviews; constructability reviews; long- range planning; grants management; community outre4V h and communications. PREPARED BY: Jose Lopez, Deputy City Engineer PHONE:619-336-4312 EXPLANATION: See staff report. DEPARTMENT: Engin APPROVED ED BY: lP I' Works s FINANCIAL STATEMENT: APPROVED: FINANCE ACCOUNT NO. APPROVED: MIS Funds are appropriated in various CIP accounts for FY 02; funding for subsequent fiscal years is dependent on 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 a First Amendment to the Agreement with Chen Ryan Associates, Inc. BOARD COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Explanation 2. First Amendment to Agreement 3. Resolution 295 of 550 Explanation: The Engineering & Public Works Department advertised a Request for Qualifications (RFQ) for various engineering, architectural and construction support services on May 1, 2019. Additional services requested via the RFQ include, for example, plan and map reviews, preparation of plat and legal descriptions, sewer system management and financial administration, housing and real estate development services, Building Department support services, and environmental compliance involving storm water, wastewater and hazardous materials. The RFQ was advertised on the City's website, published in the San Diego Union Tribune, e-mailed to over 100 professional consulting firms and also advertised on PlanetBids where over 400 firms were notified. Additionally, the City hosted an Information Session regarding the RFQ process on May 14, 2019 at the MLK Jr. Community Center, which was attended by over 100 people. The Department received 71 Statement of Qualifications (SOQs) from various firms by the June 10, 2019 deadline. copies of the SOQs received are available in the Office of the City Engineer. Based on the strength of their SO, interview and past performance, the City of National City entered into an Agreement with Chen Ryan Associates, Inc., dba CR Associates, on November 19, 2019, per City Council Resolution No, 2019-163, to provide on -call support services for National City's Capital Improvement Program (CIP), including, but not limited to, project management; civil engineering; traffic engineering; transportation planning; plan reviews; constructability reviews; long-range planning; grants management; community outreach and communications. The original Agreement is for a not -to -exceed amount of $2,000,000 and a terra of three years, with the option to extend for two one-year extensions. Both parties desire to execute a First Amendment to increase the not -to exceed amount by 1, o o, 00, for a total Agreement amount of $3,000,000 to allow Chen Ryan Associates, Inc. to continue providing C I P support services. The City's 5-Year CIF estimates approximately million in capital improvements over the next five years. See attached First Amendment to Agreement. The City's implementation rate averages about fifteen projects a year totaling approximately $15.3 million. Historically, Chen Ryan has provided the City with an average of $1,000,000 in services per year. Chen Ryan Associates, Inc., a DBE (Disadvantaged Business Enterprise, SBE (Small Business Enterprise), WBE (Women Business Enterprise), and MBE (Minority Business Enterprise), has assisted the City with the design/planning of the following grant funded projects: • 24th Street Transit Oriented Development Overlay • National City Blvd Inter -City Bike Connection • Sweetwater Road Protected Bikeway • Bayshore Bikeway — Segment • West 19th Street Greenway. 296 of 550 Chen Ryan Associates, Inc. has also assisted the it's aggressive grant application efforts, as we pursue a variety of funding opportunities to fund the CIP. It should be noted that all Civil Engineering consultants go through a project task competitive process that follows state guidelines in order to be awarded each individual project task. Staff recommends executing a First Amendment to the Agreement with Chen Ryan Associates, Inc. Funds are appropriated in various CIP accounts and will be encumbered on an as - needed basis. 297 of 550 AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND CHEN RYAN ASSOCIATES, INC. THIS 1 T AMENDMENT DMEl T TO THE AGREEMENT is entered into this 7TH day of September, 2021, by and between the CITY OF NATIONAL NAL CITY, a municipal corporation ("CITY"), and CHEN RYAN ASSOCIATES, INC., dba CR ASSOCIATES, a California corporation (the "CONSULTANT"). RECITALS WHEREAS, the CITY and the CONSULTANT entered into an Agreement on November 19, 2019 ("the Agreement"), wherein the CONSULTANT agreed to provide on - call project support services for the CITY's Capital Improvement Program CIP ,in lading but not limited to, project management; civil engineering; traffic engineering; transportation planning; plan reviews; constructability reviews; long-range planning; grants management: community outreach and communications, for a not -to -exceed amount of $2,000,000, and a term of three 3 years, with the option to extend this term for up to two (2), one-year extensions; and WHEREAS, based on the CONSULTANT'S T'S performance and quality of work, and to ensure timely completion of Capital Improvement Projects, the CITY desires to have the CONSULTANT continue providing on -call project support services for National City's CIP, and the CONSULTANT is willing to perform such services; and WHEREAS, the parties desire to amend the Agreement by increasing the $2,000,000not-to-exceed amount by $1,000,000, for a total not -to -exceed amount of $3,000,000. AGREEMENT T NOW, THEREFORE, the parties hereto agree that: 1. The November ember 19, 2019 Agreement is hereby amended to increase the $2,000,000 not -to -exceed amount by $1,000,000, for a total not -to -exceed amount of 3, 00,00 . 2. The parties further agree that, with the foregoing exceptions, each and every other term and provision of the November 19, 2019 Agreement shall remain in full force and effect. Amended Agreement Page 1 of 2 City of National City and Revised July 2021 Chen Ryan Associates, Inc., dba C Associates 298 of 550 IN WITNESS WHEREOF, the parties hereto have executed this 1ST Amendment to the Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Alejandra otelo-Solis, Mayor APPROVED AS TO FORM: By: 4 Charles E. Bell Jr, City Attorney Amended Agreement CHEN RYAN ASSOCIATES, INC. (Corporation — signatures of two corporate officers required) By: (N 5Clie-cer kly qvi (Print) (Title) Sec7�e+ctry A 1 Je. o/vie (Print) (Title) Page 2 of City of National City and Revised July 2021 Chen Ryan Associates, Inc. dba CR Associates 299 of 550 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 Agreement with National City Electric, increasing the not -to -exceed amount by $40,000, for a total Agreement amount of $100,000 and delegating the City Manager authority to approve any future extensions of this Agreement, due to the demand and continuous need for assistance with specialized electrical maintenance services. (Engineering/Public Works) Please scroll down to view the backup material. 300 of 550 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 7, 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 Agreement with National City Electric, increasing the not -to -exceed amount by $40,000, for a total Agreement amount of S100,000 and delegating the City Manager authority to approve any future extensions of this Agreement, due to the demand and continuous need for assistance with specialized electrical maintenance services. PREPARED BY: Tirza Gonzales, Management Analyst 11 EPARTMENT: Engin PHONE: 619-336-4318 APPROVED BY: EXPLANATION: See staff report. 1P lic' Works 1 FINANCIAL STATEMENT: APPROVED: FINANCE ACCOUNT NO. APPROVED: _ MIS Funds are appropriated in various accounts for FY 2022; funding for subsequent fiscal years is dependent on 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 Li STAFF RECOMMENDATION: Adopt Resolution executing a First Amendment to the Agreement with National City Electric. BOARD 1 COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Explanation First Amendment to Agreement . Resolution 301 of 550 Explanation: On July I, 2020, the City of National City entered into an Agreement with National City Electric, to provide citywide specialized electrical maintenance services, such as light fixture and circuit breaker repairs and installs, rewiring, and conduit runs, as needed and as directed by the Cityis Facilities Maintenance tenance Supervisor. The original Agreement is for a not -to -exceed amount of $60,000, and for an initial term of three years, with the option to extend for up to three, one-year extensions. Historically, National City Electric has provided services to the City in the amount of approximately $20,000 per year, however this year all new Light Emitting Diode (LED) light fixtures were necessary in the Property and Evidence Room at the National City Police Department for operational efficiency. Based on the performance, quality of work, and need for continuous specialized electrical maintenance services, staff is requesting City Council approval of a First Amendment to the Agreement with National City Electric, increasing the not -to -exceed amount of the Agreement by $40,000, for a total Agreement amount of $100,000 and authorizing the City Manager to execute future Agreement extensions. Funds are appropriated in various accounts within the departmental FY 2022 budget; funding for subsequent fiscal years is dependent on future appropriations as part of annual budget. 302 of 550 AMENDMENT TO THE AGREEMENT BY AN BETWEEN THE CITY OF NATIONAL CITY AND NATIONAL CITY ELECTRIC THIS 1ST AMENDMENT TO THE AGREEMENT is entered into this 7TH day of September, 2021, by and between the CITY OF NATIONAL CITY, a municipal corporation ("CITY"), and GERALDO CORTEZ, an individual, DBA NATIONAL CITY ELECTRIC (the "CONTRACTOR"). RECITALS WHEREAS, the CITY and the CONTRACTOR entered into an Agreement on July I, 2020 (the Agreement"), wherein the CONTRACTOR agreed to provide Citywide on - site electrical maintenance services, including, but not limited to, repairs and remodeling, for a not -to -exceed amount of $60,000, and a term of three years, with the option to extend this term for up to three (3), ore -year extensions; and WHEREAS, the parties desire to amend the Agreement by increasing the $60,000 not -to -exceed amount by $40,000, for a total not -to -exceed amount of $100,000. AGREEMENT NOW, THEREFORE, the parties hereto agree that: 1. The July 1, 2020 Agreement is hereby amended to increase the $60,000 not - to -exceed amount by $40,000, for a total not -to -exceed amount of $100,000. 2. The parties further agree that, with the foregoing exceptions, each and every other term and provision of the July I , 2020 Agreement shall remain in full force and effect. Amended Agreement Page 1 of City ofNational City and Revised July 2021 National City Electric 303 of 550 IN WITNESS ES WHEREOF, the parties hereto have executed the First Amendment to the Agreement on the date and year first above written. CITY OF NATIONAL CITY NATIONAL CITY ELECTRIC By: By: 1%,"".,C) Al j ndr S t l -Solis, Mayor (Name) APPROVED AS TO FORM: B: Charles E. Bell Jr. City Attorney c • Cq era D (Print) (Title) • • Amended Agreement Page 2 of City of -National City and Revised July 2021 National City Electric . 304 of 550 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 SWCS, Inc. in the not -to - exceed amount of $230,704.00 for the Camacho Recreation Center HVAC Replacement Project, CIP No. 20-07; 2) authorizing a 15% contingency in the amount of $34,605.60 for any unforeseen changes; and 3) authorizing the Mayor to execute the contract. (Engineering/Public Works) Please scroll down to view the backup material. 305 of 550 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 7, 2021 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City, 1) awarding a contract to SWCS, Inc. in the not -to - exceed amount of $230,704.00 for the Camacho Recreation Center HVAC Replacement Project, CIP No. 20- 07; 2) authorizing a 1 % contingency in the amount of $34,605.60 for any unforeseen changes; and 3) authorizing the Mayor to execute the contract. PREPARED ED BY: Luca Zappiello, Assistant Engineer - Civil PHONE: 01-33•6-4360 1417-1,A EXPLANATION: See attached. DEPARTMENT: Enginee ` •P �, Iic Works APPROVED BY: FINANCIAL STATEMENT: ACCOUNT N. Contract Award - $230,704.00 Expenditure Account No.:0 1-409-500-598-1500 (Facilities Upgrades) (funds are available through prior City Council Appropriations) APPROVED: APPROVED: 1 % Contingency — $34,605.60 Expenditure Account No.: 001-409-500-598-1500 (Facilities Upgrades) (funds are available through prior City Council Appropriations) ENVIRONMENTAL REVIEW: CEQA Notice of Exemption will be filed with the County Recorder's Office prior to construction. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt Resolution awarding a contract to S ► C , Inc in the not -to -exceed amount of $230,704.00 for the Camacho Recreation Center HVAC Replacement Project, CIP No. 20-07. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Bid Opening Summary 3. Three Lowest Bidders Summary 4. Owner -Contract Agreement 5. Resolution 306 of 550 EXPLANATION The Camacho Recreation Center FI AC Replacement Project general scope of work is to remove and dispose of existing HVAC system and provide and install new HVAC system on the roof of the Camacho Recreation Center at 1810 E 22nd St, National city, CA 91950. on July 22, 2021, the bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors. On July 26, 2021 and July 28, 2021, the bid solicitation was advertised in local newspapers. On August 12, 2021, two (2) bids were received by the 1:00 p.m. deadline. SWCS, Inc. was the apparent lowest bidder with a total bid amount of ,74.0. Upon review of all documents submitted, SWC&s bid was deemed responsive and they are the lowest responsible bidder qualified to perform the work as described in the project specifications. Staff recommends awarding a contract to SWCS, Inc. in the amount not to exceed $2307O4.00 and authorizing a 15% contingency in the amount of $34,605.60 to address any unforeseen conditions that may arise, Attached are the bid opening summary sheet and a line item summary of the two lowest bidders for reference. Also attached is the Owner -Contractor Agreement. Construction is estimated to be completed by Fall 2021, Typically construction will begin four to six weeks after City Council approves award of contract to allow for coordination efforts, as well as contractor mobilization. Updates will be provided on the City's CIP dashboard at: htt s4 www.natic nalcityca.goo/ o emn n /engineering -public --works. 307 of 550 - CALIFORNIA ATI.-'` ^--' .-_-moo .anv irivcoRpoRAT.. BID OPENING SUMMARY NAME: CAMACHO RECREATIONA PROJECT CIP NO: 20-07 DATE: Thursday, August 12, 2021 TIME: I:00 P.M. ESTIMATE: 0,000 00 PROJECT ENGIN E R: Roberto Yano, P.E. CAN TER HVAC REPLA Ev'I E N NO. BIDDER'S NAME BID AMOUNT T ADDENDA #1,2 BID SECURITY BOND 1, SWCS, Inc. 11653 Riverside Dr. Ste, 153 Lakeside, California 92040 $230,704.00 Yes Bond - m Countywide Mechanical anical Systems Inc. 1400 N. Johnson Ave. Suite 114 El Cajon, California 92020 3 04.00 Yes Bond T 308 of 550 Bid Results for Camacho Recreation Center HVACkeplacenent Project (CIP No. 20-07) Item Mechanical No. Description 6Io:1 Unit ,L • SWCS,Inc.Countrywide Inc. . System, Inc. : Base. Bid - Carbacho Recreation atioin .Center-HVAC Replacement cement: Project Project . Camacho 1 1 Recreation Center LS 1 $230,704.00 $2301704.00 $239,204.00 $239,204.00 HVAC Replacement Total 2 0,704.00 $239;204.00 309 of 550 OWNER - CONTRACTOR. AGREEMENT CAMACHO RECREATION CENTER HVAC REPLACEMENT PROJECT, CIP NO. 20-07 This Owner -Contractor Agreement ("Agreement") is made by and between National City, 1243 National City Boulevard National City, California1 ("Contractor"), 11653 Riverside Drive, .Ste. 153, Lakeside, on t the ,sUaLsif te. er 1 for the construction of the above referenced Project. lri consideration of the mutual covenants and agreements set forth herein, the Owner and Contractor have mutually ll agreed as fellows: 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 t" (hereinafter "Contract Documents"), in compliance with all relevant Federal, State of California, County of San Diego and City of National City codes ancl regulations,and to the satisfaction f the Owner. 2. CONTRACT PRICE Owner hereby agrees to pay and the Contractor agrees to accept as full compensation for constructingthe project in accordance with these Contract Documents in are amount not to exceed the contract price as set forth in Exhibit « " attached hereto and Incorporated herein n reference. Payments to the Contractor shall be made in the manner described in the Special Provisions. TIME FOR PERFORMANCE Time is of the essence for this Agreement and the Contractor shall construct the project inevery detail to complete and turn -key fashion to the satisfaction f the Owner within the specified duration set forth in the Special Previsions. 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 race, religious status, sex or age. 310 of 550 5. AUTHORIZED OWNER REPRESENTATIVES On behalf of the Owner,the Project Manager designated atthe pre -construction meeting shall be the Owner's authorized representative in the Interpretation and enforcement of all Work performed in connection with this Agreements , WORKERS' Rs' II f N ATI N 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. 4 The Contractor shall require each subcontractor to .comply with the requirements of Section 3700 of the Labor Code. Before commencing encin any Work, the Contractor shall cause each subcontractor to execute the foliowin.g certification: "I 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, and1 will comply with such provisions before commencing : the performance of the Work of this is irm nt," . ENTIRE AGREEMENT; CONFLICT The Contract Documents er is 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. 1VIAINTENANCE 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 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 tires during the term of this Agreement, Contractor shall he an independent contractor and shall not be an employee, agent, partner or joirit venturer of the Owner. r Owner shall have the right to control Contractor insofar as the results of Contractor's 311 of 550 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 approvais 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 alltimes during the term of this Agreement, any licenses, permits, qualifications or approvals which are legally required for Contractor to practice its profession. 11. GOVERNING LAVV, 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 shad 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 fakity 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 o understoo aft ( provisions of this Section 15, above: initial) 312 of 550 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 i tten above. Owner: Alejandra ate1 - oiis Mayor, City of National City APPROVED AS TO FORM: : By: Charles E. Bell, Jr. City Attorney Contractor C I C (Owner/Officer signature eP7Ljrmt121 peroa'rTh Print name and title (S nd officer signature if a corporation,) 4-ty rlant . IV 6\.__01-iitini+ Print name and title Contractor's City Business License No. 311 - (-1m,p2-41p,34-L 11,(2,01i C cl State Contractor's License No. and Class )(�3Riv&yuXpt jh�3 Business street address 01 ICJ i 069/ (fl 61 2 01-0 City, State and Zip Code 313 of 550 CORPORATE CERTIFICATE r' "i-tr ha n' ( gym � m certify that ! am the Secretary of the Corporation named as Contractor in the foregoing Contract; that err KO id imith o signed said contract on behalf of the Contractor, was then P TV 1 a-bn of said Corporation; that said contract was duly signed for gand in behalf of said Corporation by authority of its governing body and is within the scop e of its corporate powers. t* smith certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that (itra/cI Contractor, was then who signed said contract on behalf of the p rai t:ZJn t7- of said Corporation; that said contract was duty signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. wets, Corporate Seal: 314 of 550 Bond no. 6131033253 Premium: $2,768.00 PERFORMANCE BOND WHEREAS, , the City Council of the City of National City, by Resolution No. - . on the 7th . day of September, _ o 11 has awarded SINCS INC, hereinafter designated as the "Principal'', the CAMACHO RECREATION EATIOi CENTER HVAC REPLACEMENT PROJECT, CIP NO. 20-07 WHEREAS, said Principal is required under the terns of said contract to furnish a bond for the faithful performance of said contract. NOW, THEREFORE, we, the Principal and United States Fire Insurance Company as surety, are held and firmly bound unto the City of National City, hereinafter called the "City, in the penal sum of Two Hundred T in ho nd,- v n Hundred Four ($230704.001 dollars 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 LI ATION IS UCH 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, its officers, agents, employees, and volunteers as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed herein or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such 315 of 550 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 and judgment is recovered, the surety shall pay all costs incurred by the City 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 24th day of August 20 21 United States Fire Insurance Company SWCS, Inc. dba Southwest C9nstruction Services, Inc. (SEAL) ► SEAL) Tara Bacon, Attorney -in -fact (SEAL) Surety (SEAL) ei&raiot Smifh1 P((JI6(4)SEAL) Principal 316 of 550 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 August 26th 2021 before me, Samantha Smith, Notary Public (insert name and title of the officer) personally appeared Gerald Smith who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signatur�< (Seal) SAMANTHA SMITH Notary Pudic • California y +► a San Diego CoLinty e Commission w 2286053 My Comm. ExoIre5 Apr 23, 2C2] 317 of 550 PERFORMANCE BOND ATTo f EY-I -FACT ACKNOWLEDGEMENT OF SURETY STATE OF COUNTY OF On this _... day o , 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 T .. the corporation named as Surety in said instrument, and acknowledged d to me that he subscribed the name of said corporation thereto as Surety, and his own name as attorney -in -fact. )ss NOTE: Signature of those x cuti ng for Surety must be properly acknowledged. NOTE: The Attorney -in -fact must attach a certified copy of the Power of Attorney. Signature: Name (Type orPrints Notary Public Public in and for said County and State My Commission expires: 318 of 550 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 ��Z ‚9(AS J before me, Minna Huovila, Notary Public (insert name and title of the officer) personally appeared Tara Bacon 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) 0) MINNA HUOV1LA COMM. #2313883 NOTARY PUBLIC-CALIFORNIA SAN DIEGO COUNTY My Commission Expires DE.CEMBER 6, 2023 319 of 550 POWER OFATTORNEY UNITED STATES FIRE INSURANCE COMPANY PRINCIPAL OFFICE - M I RI TOWN, NEW JERSEY 87171 KNOW ALL MEN BY THESE PRESENTS: That United. States Fire Insurance Company, a corporation duly organized and existing under the laws of the state of Delaware, has made, constituted and appointed, and does hereby make, constitute and appoint: La\\Tence F. McMahon, Sarah Myers, Lilia De Loera, Janice Martin, Dale G. Harshaw. John R. Qualin, Geoffrey Shelton, Tara Bacon, Minna Huovila, Maria Hallmark each, its true and lawful Attorney(s)-ln-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver: Any and all bonds and undertakings of surety and other documents that the ordinary course of surety business may require, and to bind United States Fire Insurance Company thereby as fully and to the same extent as if such bonds or undertakings had been duly executed and acknowledged by the regularly elected officers of United States Fire Insurance Company at its principal office, in amounts or penalties not exceeding: Fifty Million Dollars ( 0,000,000), This Power of Attorney limits the act of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind United States Fire Insurance Company except in the manner and to the extent therein stated. This Power of Attorney revokes all previous Powers of Attorney issued on behalf ofthe Attorneys -In -Fact named above and expires on January 31, 2022. This Power of Attorney is granted pursuant to Article IV ofthe By -Laws of United States Fire Insurance Company as now in full force and effect, and consistent with Article III thereof. which Articles provide, in pertinent part: Article IV, Execution of Instruments - Except as the Board of Directors may authorize by resolution, the Chairman of the Board, President, any Vice -President, any Assistant Vice President, the Secretary, or any Assistant Secretary shall have power on behalf ofthe Corporation: (a) to execute, affix the corporate seal manually or by facsimile to, acknowledge, verify and deliver any contracts, obligations, instruments and documents whatsoever in connection with its business including. without limiting the foregoing, any bonds, guarantees, undertakings, recognizances, powers of attorney or revocations of any powers of attorney. stipulations, policies of insurance, deeds, leases, mortgages. releases. satisfactions and agency agreements; (b) to appoint, in writing, one or more persons for any or all of the purposes mentioned in the preceding paragraph (a), .including affixing the seal ofthe Corporation. Article III, Officers. Section 3.11, Facsimile Signatures. The signature of any officer authorized by the Corporation to sign any bonds, guarantees, undertakings, recogniarnces, stipulations, powers of attorney or revocations of any powers of attorney and policies of insurance issued by the Corporation may be printed, facsimile, lithographed or otherwise produced. In addition, if and as authorized by the Board of Directors, dividend warrants or checks., or other numerous instruments similar to one another in form, may be signed by the facsimile signature or signatures, lithographed or otherwise produced, of such officer or officers of the Corporation as from time to time may be authorized to sign such instruments on behalf of the Corporation. The Corporation may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Corporation, notwithstanding the fact that he may have ceased to be such at the time when such instruments shall be issued. IN WITNESS WHEREOF, United States Fire Insurance Company has caused these presents to be signed and attested by its appropriate officer and its corporate seal hereunto affixed this 10th day of March, 2016. State of New Jersey) County of Morris ) UNITED STATES FIRE L SURA_NCE COMPANY 171-11 J • U Anthony R. Siimowicz, President On this loth day of March 2016, before me, a Notary public of the State of New Jersey, came the above named officer of United States Fire Insurance Company, to me personally known to be the individual and officer described herein., and acknowledged that he executed the foregoing instrument and axed the seal of United States Fire Insurance Company thereto by the authority of his office. SONIA SCALA NOTARY PUBLIC OF NEW JERSEY Sonia Scala MY COMMISSION EXPIRES /25 0 4 No. 163686 (Notary Public) 1, the undersigned officer ofUnited. States Fire Insurance Company, a Delaware corporation, do herebycertify that the original Power of Attorney of which the foregoing is a full. true .and correct copy is still in force and effect and has not been revoked. irN WITNESS WHEREOF I have hereunto set my hand and affixed the corporate seal of United States Fire Insurance Company on the 24th day of August 2021 UNITED STATES FIRE INSURANCE COMPANY Peter M. Quinn, Senior Vice President 320 of 550 Bond no. 6131033253 PAYMENT BOND WHEREAS, S, the City Council of the City of National City, by Resolution No, 2 2 - .� on the 7th day of September, 2021 has awarded„ SWCS IN , hereinafter designated as the "Principal", the CAMACHO RECREATION CENTER HVAC REPLACEMENT T PROJECT, CIP NO. 20-07 WHEREAS, said Principal is required by Chapter 5 (commencing at Section 3225) and Chapter 7 (commenclng 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 United States Fire Insurance Company as surety, are held and firmly► bound unto the City of National City, hereinafter called the "City", ", in the penal sum of Two Hundred Thirty Thousand Seven Hundred Four L$230704.00I dollars 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. 321 of 550 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 24th day of August , 20 21 . United States Fire insurance Company SWCS, Inc. dba Southwest Construction Services, Inc. (SEAL) 7 (5 AL) (SEAL) �' �/�1/ -, %�� � � EAL) Tara Bacon, Attorney -in -fact (SEAL) &'vt 101 rn )Th, '-P EAL) Surety Principal 322 of 550 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 San County of Diego August 26th 2021 before me, Samantha Smith, Notary Public (insert name and title of the officer) personally appeared Gerald Smith who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity ies , and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) _t r SAmANTHA SMITH { Notary Public • Cadifvrnfa San Diego County Curnmi5sion # 2286053 My Comer. Expires Apr 23, 2023 323 of 550 ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE o .... - - COUNTY of )ss On this day of , before me, the undersigned, 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 ent 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. Signature: NOTE: The Attorney -in -fact must attach a certified copy of the Power of Attorney, Name (Type or Print): . (Notary Public in and for said County and State) My Commission expires: ...... A `"'A H ALL BONDS 324 of 550 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 mtic 4 dir2 personally appeared Tara Bacon before me, Minna Huovila, Notary Public (insert name and title of the officer) 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 Y under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) MINNA HUOVILA COMM. # 313 33 NOTARY PUBLIC-CALIFORNIA VI SAN DIEGO COUNTY My Commission Expires DECEMBER 6, 2023 325 of 550 POWER OF ATTORNEY UNITED STATES FIRE INSURANCE COMPANY PRINCIPAL OFFICE - MORRISTOWN, NEW JERSEY 87171 KNOW ALL MEN BY THESE PRESENTS: That United States Fire Insurance Company, a corporation duly organized and existing under the laws of the state of Delaware, has made, constituted and appointed, and does hereby make, constitute and appoint: Lawrence F. McMahon, Sarah Myers, Lilia De Loera, Janice Martin, Dale G. Harshaw, John R. Qualin, Geoffrey Shelton, Tara Bacon, Minna Huovila, Maria Hallmark each, its true and lawful ful Attorneys) -In -Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver: Any and all bonds andundertakings of surety and other documents that the ordinary course of surety business may require, and to bind United States Fire Insurance Company thereby as fully and to the same extent as if such bonds or undertakings had been duly executed and acknowledged by the regularly elected officers of United States Fire Insurance Company at its principal office, in amounts or penalties not exceeding: Fifty Million Dollars ( 50,000,000). This Power of Attorney limits the act of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind United States Fire Insurance Company except in the manner and to the extent therein stated. This Power of Attorney revokes all previous Powers of Attorney issued on behalf of the Attorneys -In -Fact named above and expires on January 31, 2022. This Power of Attorney is granted pursuant to Article IV of the By -Laws of United States Fire Insurance Company as now in full force and effect, and consistent with Article III thereof, which Articles provide, in pertinent part: Article IV, Execution of Instruments - Except as the Board of Directors may authorize by resolution, the Chairman of the Board, President, any Vice -President, any Assistant Vice President, the Secretary, or any Assistant Secretary shall have power on behalf of the Corporation: (a) to execute, affix the corporate seal manually or by facsimile to, acknowledge, verify and deliver any contracts, obligations, instruments and documents whatsoever in connection with its business including, without limiting the foregoing, any bonds, guarantees, undertakings, recognizances, powers of attorney or revocations of any powers of attorney, stipulations, policies of insurance, deeds, leases, mortgages, releases, satisfactions and agency agreements; (b) to appoint, in writing, one or more persons for any or all of the purposes mentioned in the preceding paragraph (a), including affixing the seal ofthe Corporation. Article I1I,Officers, Section 3.11, Facsimile Signatures. The signature of any officer authorized by theCorporation to sign any bonds, guarantees, undertakings, recognizances, stipulations, powers of attorney or revocations of any powers of attorney and policies of insurance issued by the Corporation may be printed, facsimile, lithographed or otherwise produced. In addition, if and as authorized by the Board of Directors, dividend warrants or checks, or other numerous instruments similar to one another in form, may be signed by the facsimile signature or signatures, lithographed or otherwise produced, of such officer or officers ofthe Corporation as from time to time may be authorized to sign such instruments on behalf of the Corporation. The Corporation may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Corporation, notwithstanding the fact that he may have ceased to be such at the time when such instruments shall be issued. IN WITNESS WHEREOF, United States Fire Insurance Company has caused these presents to be signed and attested by its appropriate officer and its corporate seal hereunto affixed this I Oth day of March, 2016. 4-tu vkATSI State of New Jersey} County of Morris J UNITED STATES FIRE INSURANCE COMPANY 4 x Anthony R. S l ino w icz, President On this 10th day of March 2016, before me, a Notary public of the State ofNew Jersey, carve the above named officer of United States Fire InsuranceCompany, to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seal ofUnited States Fire Insurance Company thereto by the authority of his office. SONIA SCALA .-�- NOTARY PUBLIC OF NEW JERSEY Sonia Scala (Notary Public) MY COMMISSION EXPIRES 3/ 5/20 4 NO. 2163686 I, the undersigned officer ofUnited States Fire Insurance Company, a Delaware corporation, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy is still in force and effect and has not been revoked. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of United States Fire Insurance Company on the 24th day of August 2021 UNITED STATES FIRE INSURANCE COMPANY Rout Peter M. Quinn. Senior Vice President 326 of 550 ti Boned no. 6131033253 Premium: $2,768.00 PERFORMANCE BOND WHEREAS, the City Council of the City of National City, by Resolution No. C 1- on the rh day of _ September, 2021, has awarded MAKS, INC, hereinafter designated as the "Principal", the CAMACHO RECREATION CENTER HVAC REPLACEMENT PROJECT, CI P NO. 20-07 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 United States Fire Insurance Company as surety, are held and firmly bound unto the City of National City, hereinafter called the "City", in the penal sum of Seven. Hupckpil_...Fpwl$230,704.001 dollars 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 ITION F 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, its officers, agents, employees, and volunteers as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed herein or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such 327 of 550 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 and judgment is recovered, the surety shall pay all costs incurred by the City 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 24th day of August 0 21 United States Fire Insurance Company SWCS, Inc. dba Southwest Construction Services, Inc. (SEAL) - (SEAL) 1 �_._..., _ (SEAL) (SEAL) Tara Bacon, Attorney -in -fact (SEAL) (ii'jyai,4Jrajpi, PrCaenEAL) Surety Principal 328 of 550 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 August 26th 2021 before me, Samantha Smith, Notary Public (insert name and title of the officer) personally appeared Gerald Smith 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 hislherftheir 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. l 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) ("" SAMANTHA 5MfTH Notary Pubic - Califoinia San Diego County Commission z 22a5053 My Comm. Ex,Dices Aar 23, 2023 329 of 550 PERFORMANCE BOND ATTORNEY -IN -FACT ACKNOWLEDGEMENT F SURETY STATE OF )ss On this day of - . , 20... before me, the undersigned, a Notary Public in and for said County and State, personally appeared known to 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 -facts NOTE: Signature of those executing for Surety must be properly acknowledged* 111110demppe, 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 Countyand State My Commission expires: 330 of 550 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 before me, Minna Huovila, Notary Public (insert name and title of the officer) personally appeared Tara Bacon p pp who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 1 Signature (sea!) MINNA HUOVILA COMM. #2313883 NOTARY PUBLIC-CALIFORNIA SAN DEBGO COUNTY My Commission Expires DECEMBER 6, 2023 0 7 331 of 550 POWER OF ATTORNEY 1 NITED STATES FIRE INSURANCE COMPANY PRINCIPAL OFFICE - MORRISTOWN, NEW RSEY 87171 KNOW ALL MEN BY THESE PRESENTS: That United States Fire Insurance Company, a corporation duly organized and existing under the laws of the state of Delaware.. has made, constituted and appointed, and does hereby make, constitute and appoint: Lawrence F. McMahon, Sarah Myers, Lilia De Loera, Janice Martin, Dale G. Harshaw, John R. +ualin, Geoffrey Shelton, Tara Bacon, Minna Huovila, Maria Hallmark each, its true and lawful Attorneys)-In-Fact,with full power and authority herebyconferred in its name. place and stead, to execute, acknowledge and deliver: Any and all bonds and undertakings of surety and other documents that the ordinary course of surety business may require, and to bind United States Fire Insurance Company thereby as fully and to the same extent as if such bonds or undertakings had been duly executed and acknowledged by the regularly elected officers of United States Fire Insurance Company at its principal office, in amounts or penalties not exceeding: Fifty Million Dollars ($50,000,000). This Power of Attorney limits the act of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind United States Fire Insurance Company except in the manner and to the extent therein stated. This Power of Attorney revokes all previous Powers of Attorney issued on behalf of the Attorneys -In -Fact named above and expires on January 31, 2022. This Power of Attorney is granted pursuant to Article IV of the By -Laws of United States Fire Insurance Company as now in full force and effect, and consistent with Article III thereof, which Articles provide, in pertinent part: Article IV, Execution oflnstruments - Except as the Board of Directors may authorize by resolution. the Chairman of the Board, President, any Vice -President any Assistant Vice President, the Secretary, or any Assistant Secretary shall have power on behalf of the Corporation: (a) to execute, affix the corporate seal manually or by facsimile to, acknowledge, verify and deliver any contracts, obligations, instruments and documents whatsoever in connection with its business including, without limiting the foregoing, any bonds, guarantees, undertakings, recognizances, powers of attorney or revocations of any powers of attorney, stipulations, policies of insurance, deeds, leases mortgages, releases, satisfactions and agency agreements; (h) to appoint, in writing, one or more persons for any or all of the purposes mentioned in the preceding paragraph (a), including affixing the seal of the Corporation. Article III. Officers, Section 3.11, Facsimile Signatures. The signature of any officer authorized by the Corporation to sign any bonds.. guarantees, undertakings, recognizances, stipulations, powers of attorney or revocations of any powers of attorney and policies of insurance issued by the Corporation may be printed, facsimile, lithographed or otherwise produced. In addition, if and as authorized by the Board of Directors, dividend warrants or checks, or other numerous instruments similar to one another in form, may be signed by the facsimile signature or signatures, lithographed or otherwise produced, of such officer or officers of the Corporation as from time to time may be authorized to sign such instruments on behalf of the Corporation. The Corporation may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Corporation, notwithstandingthe fact that he may have ceased to be such at the time when such instruments shall be issued. IN WITNESS WHEREOF, United States Fire Insurance Company has caused these presents to be signed and attested by its appropriate officer and its corporate seal hereunto affixed this I lit day of March, 2016. UNITED STATES FIRE INSURANCE COMPANY %i Anthony R. Slimowicz, President State ofNew Jersey) County of Morris ) On this 1 O ' day of March 2016, before me, a Notary public of the State ofNew Jersey, came the above named officer ofUnited States Fire Insurance Company, to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seal ofUnited States Fire Insurance Company thereto by the authority of his office. SO IA SCALA � NOTARY PUBLIC OF NEW JERSEY Sonia Scala (Notary Public) MY COMMISSION EXPIRES 3/25/2024 No. 2163686 I. the undersigned officer ofUnited States Fire Insurance Company, a Delaware corporation, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy is still in force and effect and has not been revoked. IN WITNESS WHEREOF. I have hereunto set my hand and affixed the corporate seal of United States Fire Insurance Company on the 24th day of August 20 21 UNITED STATES FIRE INSURANCE COMPANY Peter M. Quinn, Senior Vice President 332 of 550 Bond no* 6131033253 PAYMENT BOD WHEREAS, the City Council of the City of National City, by Resolution No. 01-- on the 7th day ofS p b ;,_ O 1 has awarded SWCS INC hereinafter designated as the "Principal", the CANIACHO RECREATION CENTER HVAC EPL CEMEI T PROJECT, CIP NO. 20-07 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, RE, we, the Principal and United States Fire Insurance Company as surety, are held and firmly bound unto the City of National City, hereinafter called the "City", in the penal sum of Two liwidred Thirtv Thou ar ,._Seven Hn red_ Four 0230,704.001 dollars lawful coney 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 10of 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 attor ey'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. 333 of 550 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 24th day of August , 20 21 United States Fire Insurance company SWcS Inc, dba Southwest Construction Services, Inc. (SEAL) (SEAL) �1J Tara Bacon, Attorney -in -fact (SEAL) Surety (SEAL) t .���� ���'SEAL) Ciorz'i ct �fli) fli, lid Jaj/y)t(SEAL) Principal 334 of 550 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 August 26th 2021 before me, Samantha Smith, Notary Public (insert name and title of the officer) personally appeared Gerald Smith who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. t Si natur .---- . (Seal) SAMANTHA SMITH Notary Public - California Sari Diego County Curn nlssion 228 O53 my Comm. Expires Apr 23. 2023 z 335 of 550 ATTORNEY -IN -FACT ACKNOWLEDGEMENT F SURETY STATE OF )ss COUNTY OF On this day ..... , . of ,.. , 20 , before me, the undersigned, 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 ust be properly acknowledged. Signature; - NOTE: The Attorney -in -fact must attach a certified copy of the Power of Attorney. Jos Name (Type or Print) (Notary Public in and fors id County and State) My Commission expires: A1TACH ALL BONDS 336 of 550 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 )-'(-11 1:41r)-" before me, Minna Huovila, Notary Public (insert name and title of the officer) personally appeared eared Tara Bacon p 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) MINNA HUOVILA COMM, #2313883 NOTARY PUBLIC-CALIFORNIA 0 SAN DIEGO COUNTY i My Commission Expires DECEMBER 6, 2023 337 of 550 POWER OF ATTORNEY UNITED STATES FIRE INSURANCE COMPANY PRINCIPAL OFFICE - MORRISTOWN, NEW JERSEY 87171 KNOW ALL MEN BY THESE PRESENTS: That United States Fire Insurance Company, a corporation duly organized and existing under the laws ofthe state of Delaware, has made. constituted and appointed, and does hereby make, constitute and appoint: Lawrence F. McMahon, Sarah Myers, Lilia De I.,oera, Janice Martin, Dale G. Harshaw, John R. Qualin, Geoffrey Shelton, Tara Bacon, Minna Huovila, Maria Hallmark each, its true and lawful Attorneys) -In. -Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver: Any and all bonds and undertakings of surety and other documents that the ordinary course of surety business may require, and to bind United States Fire Insurance Company thereby as fully and to the same extent as if such bonds or undertakings had been duly executed and acknowledged her the regularly elected officers of United States Fire Insurance Company at its principal office, in amounts or penalties not exceeding: Fifty Million Dollars S50,000,000). This Power of Attorney limits the act of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind United States Fire Insurance Company except in the manner and to the extent therein stated. This Power of Attorney rel. okes all previous Powers of Attorney issued on behalfofthe Attorneys -In -Fact named above and expires on January 31, 2022. This Power ofAttorney is granted pursuant to Article Pi ofthe By -Laws of United States Fire Insurance Company as now in full force and effect, and consistent with Article Ill thereof, which Articles provide, in pertinent part: Article IV, Execution of Instruments - Except as the Board ofDirectors may authorize by resolution, the Chairman of the Board, President, any Vice -President, any Assistant Vice President, the Secretary, or any Assistant Secretary shall have power on behalf of the Corporation: (a) to execute, affix the corporate seal manually or by facsimile to, acknowledge, verify and deliver any contracts, obligations, instruments and documents whatsoever in connection with its business including, without limiting the foregoing, any bonds, guarantees, undertakings, recognizances, powers of attorney or revocations of any powers of attorney, stipulations, policies of insurance, deeds, leases, mortgages, releases, satisfactions and agency agreements; (b) to appoint, in writing, one or more persons for any or all of the purposes mentioned in the preceding paragraph (a), including affixing the seal ofthe Corporation. Article III, Officers, Section 311, Facsimile Signatures. The signature of any officer authorized by the Corporation to sign any bonds. guarantees, undertakings, recognizances, stipulations, powers of attorney or revocations of any powers of attorney and policies of insurance issued by the Corporation may be printed, facsimile, lithographed or otherwise produced. In addition, if and as authorized by the Board of Directors, dividend warrants or checks, or other numerous instruments similar to one another in form, may be signed by the facsimile signature or signatures, lithographed or otherwise produced, of such officer or officers of the Corporation as from time to time may be authorized to sign such instruments on behalf of the Corporation. The Corporation may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers ofthe Corporation, notwithstanding the fact that he may have ceased to be such at the time when such instruments shall be issued. IN WITNESS WHEREOF, United States Fire Insurance Company has caused these presents to be signed and attested by its appropriate officer and its corporate seal hereunto affixed this 10th day of March, 2016. UNITED STATES FIRE INSURALNCE COMPANY Anthony R. Slimowicz, President State ofNew Jersey] County of Morris } On this 10th day of March 2016, before me, a Notary public ofthe State ofNew Jersey, came the above named officer of United States Fire Insurance Company, to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seal of [United States Fire Insurance Company thereto by the authority of his office. SOMA SCALA NOTARY PUBLIC OF NEW JERSEY Sonia Scala (Notary Public) MY COMMISSION EXPIRES 3125 0 4 No. 2163686 1, the undersigned officer of United States Fire Insurance Company, a Delaware corporation, do hereby certify that the original Power ofAttorney of which the foregoing is a bull, true and correct copy is still in force and effect and has not been revoked. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of United States Fire insurance Company on the 24th day of August 20 21 UNITED STATES FIRE INSURANCE COMPANY PPLQ-I44 Peter M. Quinn, Senior Vice President 338 of 550 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 National Electric Works, Inc. in the not -to -exceed amount of $344,163.00 for the Civic Center Basement Power Upgrade Project, CIP No. 20-03; 2) authorizing a 15% contingency in the amount of $51,624.45 for any unforeseen changes; and 3) authorizing the Mayor to execute the contract. (Engineering/Public Works) Please scroll down to view the backup material. 339 of 550 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 7, 2021 AGENDA ITEM NO. ITEM TITLE Resolution of the City Council of the City of National City, 1) awarding a contract to National Electric Works, Inc. in the not -to -exceed amount of $344,163.00 for the Civic Center Basement Power Upgrade Project, CIP No. 0- 3; 2) authorizing a 15% contingency in the amount of $51,624.45 for any unforeseen changes; and 3) authorizing the Mayor to execute the contract. PREPARED BY: Luca Zappiello, Assistant Engineer - Civil PHONE: 19-33 -43 0 EXPLANATION: See attached. c).7i DEPARTMENT: EngineerPublic Works APPROVED BY: //s FINANCIAL STATEMENT: ACCOUNT NO Contract Award - $3447163.00 Expenditure Account i o.001-409-500-59 -1500 (Facilities Upgrades) (funds are available through prior City Council Appropriations) APPROVED: APPROVED: Finance MIS 15% Contingency — $51,624A5 Expenditure Account No. 001-409-500-598-1500 (Facilities Upgrades) (funds are available through prior City Council Appropriations) ENVIRONMENTAL REVIEW: CEQA Notice of Exemption will be filed with the County Recorder's Office prior to construction. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt Resolution awarding a contract to National Electric Works, Inc. in the not -to -exceed amount of $344,163.00 for the Civic Center Basement Power .Upgrade Project, CIP No. 20-03. BOARD / COMMISSION ION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Bid Opening Summary 3. Three Lowest Bidders Summary 4. Owner -Contract Agreement 5. Resolution 340 of 550 EXPLANATION The Civic Center Basement Power Upgrade Project will upgrade the electrical standby power supply system in the Civic Center Basement to allow continued operation of the computer servers throughout a citywide outage. Work to include but not limited to; remove and replace various lighting elements, lighting control devices, switchboards, panelboards, transfer switches, surge protection, and interior lighting. On June 10, 2021, the bid solicitation was posted on Plant ids, a free public electronic bidding system for contractors. On June 14, 2021 and June 16, 2021, the bid solicitation was advertised in local newspapers. On July 2, 2021, six 6 bids were received by the I:00 p.m. deadline. National Electric Works, inc. was the apparent lowest bidder with a total bid amount of $344,1 3.00. Upon review of all documents submitted, National Electric Works' bid was deemed responsive and they are the lowest responsible bidder qualified•to perform the work as described in the project specifications. Staff recommends awarding a contract to National Electric Works, Inc. in the amount not to exceed $344,163.0O and authorizing a 15% contingency in the amount of $51,624.45 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 by Winter 2021/2022. Typically construction will begin four to six weeks after City Council approves award of contract to allow for coordination efforts, as well as contractor mobilization. Updates will be provided on the City's CIP dashboard at: bt p i/www.national it . vQQ r m r LL .gie ring-p. ll - worls, 341 of 550 ALIFORNIA t NATINAL CIT C■NCdRYOSATEg BID OPENING SUMMARY E: CIVIC CENTER BASEMENT POWER UPGRADE PROJECT CIP NO: 20-03 DATE: Friday, July 02, 2021 TIME: 1:00 P.M. ESTIMATE: 75,000MO PROJECT ENGINEER: Roberto an°, P.E. NO. BIDDER'S NAME — ID AMOUNT - ADDENDA #L2 BID SECURITY BOND 1. National Electric Works, Inc 4440 Rainier Ave, Suite 101 San Diego, California 9 120 344,163.00 Yes Bond r LNR Engineering & Construction, Inc 1714 Merlyn Ct. El Cajon, California 92019 S408,62415 Yes Bon d ` SD Remodeling, Inc. P.O. Box 1488 Rancho Santa Fe, California 92067 000.00 Yes Bond 4. Polar Electrical Company 35834 Blue Breton Dr Fallbrook, California 92029 4 7, 5. 0 Yes Bond Baker Electric I11 1298 Pacific Oaks Place Escondido, California 92029 S557,184.00 Yes Bond 6. M. Brey Electric, Inc 408 Elm Ave Beaumont, California 92223 $657,850.00 Yes Bond 342 of 550 Bid Results for Civic Center Basement Power Upgrade Project (1P Igo. 0-0 I em No. Description ; Unit Qty. National Electric Works, inc. LNR Engineering Construction, & Inc.lnn. D Remodeling) Inc. :. - '. : •.:: • • • • : .. • Base Bid - Civic Center. Basement Power Upgrade Project- - - - - • 1 ' Civic Center Basement t P r pg rad�e LS 1 $ 19,14o,t 0 , .$ , .40.00 $398,724.15$398,72415 $433,651.0O $433,651.00 1/2" Galvanized Steel Conduit LE 300 L}.i 7+Yf0 10.00 $,VV0i0i 14i8 $4,314,00 3/4" Galvanized Steel a d i n ut LF 300 $25.87 $7, 7 1.00 11,00 $3, 00.00 $1456 $4,368.00 1' Galvanized SteelLF Conduit 300 $33.93 $10479.00 $12.00 $3,600.00 $18.89 $5#667.00 . Total- . - , • . $344163.00 $408,62415•. • • $448M00.00. 343 of 550 OWNER .. CONTRACTOR AGREEMENT CIVIC CENTER BASEMENT POWER UPGRADE PROJECT, T, IP NO. 0-03 This Owner -Contractor Agreement (1tAgreernent") is made by and between the City of National City, 1243 National City Boulevard National City, California 91950 and National Electric Works, Inc. ("Contractor"), 4440 Rainier Avenue, Suite 101, San Diego, CA 92120, on the 7th day of September, 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 ail the work and furnish all the labor, services, materials and equipment necessary to construct and complete the Project in a turn -key !runner 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 !Wade 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. 344 of 550 . AUTHORIZED 1l NER 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. . 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: "I 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." , 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. . MAINTENANCE or 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 years from the date of final payment under this Agreement, for inspection by Owner and copies thereof shall be furnished to Owner if requested. . INDEPENDENT T I TRA T R 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 345 of 550 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 all of the provisions of this Section 15, above: (Initial) 346 of 550 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 APPROVED ED AS TO FORM: Contractor: National Electric Works (owner/ofic signature) Print name and title (5 roc. By: icyd‘v-eitel I \De ii Charles E. Bell, Jr. Print name and titl City Attorney O'th-1% 2J Contractor's City Business License No. �Flllul C-io State Contractor's License No. and Class LiLi LI 0 eoCiftVe., � s IO1 ID Business street address 'Srlt �� , CA' g212U City, State and Zikj?Code 347 of 550 EXHIBIT 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 MT , BNSF, SANDAG, Port of San Diego and all other agencies that may be adjacent and/or affected by the project. 348 of 550 EXHIBIT B CONTRACT PRICE Bid Results for Civic Center Basement Power Upgrade Project (CIP Na. 20-03) Item No. Description Unit Qty. tio r al :Electric • 1 = !Miry # f# 1'1 A � n M r eii eo ..� �.:c... ...iirtrtiiv xixi: ±�i% "'%ixii�%�} J Civic Center Basement Power 1/2" Galvanized Steel Conduit 3 4" Galvanized Steel Conduit 1' Galvanized Steel Conduit (RMC) 1 349 of 550 Contractor, was then CORPORATE CERTIFICATE I, ��f Gltn S �ae-OCil/1 certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that �k5 \NI el Sr 5 Colin Contractor, was then \J%CL. \vQ_% of said Corporation; that said contract was duty signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. who signed said contract on behalf of the I, TrOiL;i \tacky —nail certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that CA1v'lh r Vfl¼vOOW'\ , who signed said contract on behalf of the Pvc- ALA of said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. Corporate Seal: 350 of 550 PARTNERSHIP CERTIFICATE STATE OF COUNTY OF _ ) ) SS On this day of _ , 20 , before me, he undersigned, a Notary Public in and for said County and State, personally appeare otary Seal) known to me to be of the partners of the partnership that executed the ithin instrument, and acknowledged ed to me that such partnership executed the sa Signature: Name (Type or Print): (Notary Public in and for said County and State) My Commission a .fires: 351 of 550 Executed in Triplicate PERFORMANCE BOND Bond No 30133765 Premium: $4,130/ Subject to Change based on final Contract Price WHEREAS, the City Council of the City of National City, by Resolution No. n the itt day�of September, 2021, has awarded NATIONAL ELECTRIC WORKS, Inc., hereinafter designated as the "Principal"; the CIVIC CENTER BASEMENT POWER UPGRADE, CiP 1 0-03 WHEREAS, said Principal is required under the terms of said contract to furnish bond for the faithful performance of said contract. NOW, THEREFORE, we, the riripa-i and Western Surety Company as surety, re held n bound unto the City of National City, hereinafter called the "City", in the penal sum of Thrice _Hundred Forty -Four Thouand, One Hundred Sixty Three 44,1 . ) dollars lawful money of the United States, for the payment of which sum well and truly to be made, we hind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS U H THAT if the above bou . en 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, its officers, agents, employees, and volunteers as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed herein or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such 352 of 550 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 and judgment is recovered, the surety shall pay all costs incurred by the City 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 emed an original thereof, have been duly executed by the Princi,: � I a r,. a ve nar�ne the 5th day of August , 20 2 1 2,0‘(SEAL) rat'`fiL�to, James i iam Johns : IIAttorney-in-Fact , Att ey-in-Fact " 44/D �+w _ (SEAL) (SEAL) Western Surety Company Surety (SEAL) (SEAL) NATIONAL ELECTRIC WORKS, Inc. Principal 353 of 550 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 SU OW I Date personally appeared before me, I) 1 Here Insert Name and Title of e Officer Name(s) of Signer(s) who proved to nee on the basis of satisfactory evidence to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. DAYNA mART1NEZ r Notary Pubic Catifcrma San Diego County Commission # 2338219 My Comm. Expires Nov 22. 2024 Place Notary Seal Above WITNESS my Eland and official seal. Signature c011 Signature of Notary Public OPTIONAL Though this section is optional, 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 Capacity(ies) Claimed by Signer(s) Signer's Marne: Corporate Officer — Title(s): E Partner — J1 Limited General I— individual E Trustee 17 Attorney in Fact Guardian or Conservator i Other: Signer Is Representing: Named Above: Signer's Name: _ _ Corporate Officer — Title(s): E Partner — 0 Limited I I General Li Attorney in Fact El Guardian or Conservator 0 Individual 0 Trustee IT Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 354 of 550 CALIFORNIA IA ALL-PURPOSE ACKNOWLEDGEMENT 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 Orange fias 0 5 2021 On , before me, Christina Marie Rogers . Notary Public personally appeared James William Johnson II Who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) s is/are subscribed to the within instrument and acknowledged ed 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 State of California that the foregoing paragraph is true and correct. z 2 CHRISTINA M.ARIE ROGERS Notary Public - California Orange County Commission # 2305241 My Comm. Expires Sep 14, 2023 PLACE NOTARY SEAL ABOVE. WITNESS my hand and official seal. 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 this form to another document. Description of attached document Title or type of document: Document Date: Number of Pages: Signer(s) Other than Named Above: 355 of 550 STATE OF COUNTY PERFORMANCE BOND ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY )ss On this,_.. .. day of , 20 . # before me„ the undersigned) a Notary Public in and for said County and State, personally appeared r , 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 NOTE: The Attorney -in -fact must attach a Surety must be properly certified copy of the Power of acknowledged. Attorney. Signature:. - - Name (Type or Print):. Notary ry Public in and for said County and State My Commission expires:. . 356 of 550 Western Surety Company POWER OF ATTORNEY POIN I 1 INDIVIDUAL TT R Y-IN-FACT .now it Men By These Presents, That WESTERN SURD COMPANY, a South Dakota corporation, is a duly organized and exist* corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint James William Johnson II, Frances Elaine Lefler, Christina Johnson, Jennifer Caroline Anaya, Erik Johansson, Melissa Lopez, Christina Rogers, Individually of Tustin, CA, its true and lawful A,tto ey(s) in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature In Unlimited Amounts w and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporatton and all the acts of said Attorney, pursuant to the authority hereby given, are hereby mtified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this l th day of March, 2021. State of South Dakota County of Minnehaha SS WESTERN SURETY COMPANY le24-0 aul T. Bruflat, Vice President On this I8th day of March, 2021, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of saki corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires March 2, 2026 VM 4.044ti40rh .4.00, 0._..4,�44w M. BENT Horn, Y PUBLIC i # SOUTH l KOTA� CERTIFICATE M. Bent, Notary Public 1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof 1 have hereunto subscribed my name and affixed the seal of the said corporation this day of .Lt WESTERN SURETY COMPANY Li Nelson, Assistant Secretary Fern' F428.0-7-2012 Go to www.cnasurety.com Owner Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity. 357 of 550 Authorizing By -Law ADOPTED BY THE SHAREHOLDERS WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7, All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. 358 of 550 C'NA SURET! Digital Seal Authority and Enforceability This communication is being provided on behalf of all CNA Surety companies, including Western Surety Company, Continental Casualty Company, The Continental Insurance Company, Arnerican Casualty Company of Reading, , Pennsylvania, and National Fire Insurance Company of Hartford (collectively and individually referred to as "CNA Surety"). The use of an electronic image of the corporate seal of any CNA Surety company (the "Digital Seal") and the attachment of the Digital Seal to any surety bond issued by a CNA Surety company is authorized. Each CNA Surety company acknowledges and agrees that the Digital Seal may be affixed to any CNA Surety bond and relied upon to the same extent as if a raised corporate seal were physically attached to the bond. Delivery of a digital copy of this Digital Seal Authority and Enforceability notice, executed electronically, to an Obligee or Obligee's representative shall constitute effective execution and delivery of this notice and shall have the save legal effect as delivery of a tangible original of the notice with my original "wet" signature. In Witness Whereof, this has been executed by the Vice President and Surety General Counsel for each of the CNA Surety companies. Dated this 31st day of March., 2020. Rosemary Quinn Vice President and Surety General Counsel on behalf of Western Surety Company Continental Casualty Company American Casualty Company of leading, Pennsylvania Iit • i .+y• • fo:0 .ri •. • • —. 11. dip • •i•w•• • The Continental Insurance Company National Fire Insurance Company' of Hartford 359 of 550 Executed in Triplicate Bond No. 30133765 Premium included in the cost of the Performance Bond PAYMENT BOND WHEREAS, the City Council of the City of National City, by Resolution No. 2021- , on the 7thday ofSeptember, 2021 has awarded National Electric Works, Inc. hereinafter designated as the "Principal", the CIVIC CENTER BASEMENT EII ENT POWER UPGRADE, CIP NO.20-03 WHEREAS, said Principal is required by Chapter 5 (conimencing 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 as surety, are held and firmly bound unto the City of National City, hereinafter called the "City", in the penal sum of Three Hundred Forty -Four Thousand, One Hundred Sixty Three ($344,163.001 lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. Western Surety Company THE CONDITION E 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 attorneys 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. 360 of 550 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. nticai counterparts of this instrument, each of which shall original thereof, have been duly executed by the Principal he 5th day of August _, 20 21 vek tak James William 'Anson IT, orney-in-Fat ► (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) Western Surety Company NATIONAL ELECTRIC WORKS, Inc. Principal Surety 361 of 550 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifiesonly 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 Ff r a On U-�i � , ,�UJ� before me, D � ��I �`t t-`Z- � Uta?I/Lb( lc --- Here insert Name and Title 6f%the Officer 61LC\ Date personally appeared noi(43 ame(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. L ox ry DAY NA MARTINEZ Notary Public - California ' San Diego County � a c Commission # 2331219 , ,'row my Comm, Expires Nov 22, 2O24 Place Notary Seal Above WITNESS my hand and official seal. Signature OPTIONAL Signature of Notary Public Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this foram to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: _ Signer(s) Other Than Capacity(ies) Claimed by Signer(s) Signer's Name: 7 Corporate Officer — Title(s): - Partner — - Limited — General 0 Attorney in Fact 7 Guardian or Conservator Individual Trustee D Other: Signer Is Representing: Document Date: Named Above: Signer's Name: L Corporate Officer — Title(s): LI Partner — Limited I General Li Individual Attorney in Fact Trustee r 1 Guardian or Conservator Other: Signer Is Representing: W4 o ' - -er ' er -ex -arc i t* # * �. Y- yr -AY ar r r�1 � 02014 National Notary Association . www.NationalNotary.org i 1-800-US NOTARY (1-800 87 -68 ) Item #5907 362 of 550 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT 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 Orange AUG 0 5 2021 On before me, Christina Marie Rogers Notary Public, personally appeared James William Johnson II 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 State of California that the foregoing paragraph is true and correct. CHRISTINA MARIE ROGERS Notary Public - California Orange County Commission # 2305241 My Comm, Expires Sep 1L1 2023 PLACE NOTARY SEAL ABOVE z z WITNESS my hand and official seal. S lNTU Though the information below is not required by law, it may prove valuable to persons relying on the document and could prev-ent fraudulent removal and reattachment of this form to another document. Description of attached document Title or type of document: Document Date: Number of Pages: Signer(s) Other than Named Above: 363 of 550 ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF,..... COUNTY )ss On this day of 20 before me, the undersigned, 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 -ire -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 364 of 550 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL U ATTORNEY -IN -FACT Know MI Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota cotporation, is a duly organized and existing corporation having its principal office in the City of Sioux palls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint James William Johnson II, Frances Elaine Lefler, Christina Johnson, Jennifer Caroline Anaya, ., Erik Johansson, Melissa Lopez, Christina Rogers, individually of Tustin, CA, its true and lawful Atto ey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature In Unlimited Amounts and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. in Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 1 th day of March, 2021 . State of South Dakota County of Minnehaha } s ,t ,._ WESTERN SURETY COMPANY 41.114.11Ple .1474:2 , . . p, r r . . dot aul T. Bru#lat, Vice President On this 18th day of March, 2021, before rne personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so mixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges rledge same to be the act and deed of said corporation. My commission expires larch, 2026 441+Y�11yM. ti4tsg444��4�19 t BENT fa NOTARY PUBLIC iStl; scum DAKOTA 4.6 . ► a 0.00 0.•000h 41.4.+.4.w + CERTIFICATE ex.do M. Bent, Notary Public 1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof l have hereunto subscribed my name and affixed the seal of the said corporation this 5th day of tigU ....... ... _ , 2021 WESTERN SURETY COMPANY • Li Nelson, Assistant Secretary Form F4280-7-2012 Go tcww! , . a - r t tcom > Owner Obligee Services > Validate Bond Coverage; if you want to verify bond authenticity, 365 of 550 Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the followingBy-Law duly adopted by the shareholders of the Company. Section 7. An bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys hi Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. i 366 of 550 CNA 51! Digital Seal Authority and Enforceability This communication is being provided on behalf of all CNA Surety companies, including Western Surety Company, Continental Casualty Company, The Continental Insurance Company, American Casualty Company of Reading, Pennsylvania, and National Fire Insurance Company of Hartford (collectively and individually referred to as "CNA Surety"). The use of an electronic image of the corporate seal of any CNA Surety company (the "Digital Seal") and the attachment of the Digital Seal to any surety bond issued by a CNA Surety company is authorized. Each CNA Surety company acknowledges and agrees that the Digital Seal may be affixed to any CNA Surety bond and relied upon to the same extent as if a raised corporate seal were physically attached to the bond. Delivery of a digital copy of this Digital Seal Authority and Enforceability notice, executed electronically, to an Obligee or Obligee's representative shall constitute effective execution and delivery of this notice and shall have the same legal effect as delivery of a tangible original of the notice with my original "'wet" signature. In Witness Whereof, this has been executed by the Vice President and Surety General Counsel for each of the CNA Surety companies. Dated this 3 l st day of March, 2020. Rosemary Quinn Vice President and Surety General Counsel on behalf of Western Surety Company Continental Casualty Company American Casualty Company of Reading, Pennsylvania ▪ we • o's - wwewo. The Continental Insurance Company National Fire Insurance Company of Hartford 367 of 550 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 Wright Construction Engineering Corp. in the not -to -exceed amount of $818,733.60 for the Paradise Creek Mitigation Project at Kimball Way, CIP No. 19-35; 2) authorizing a 15% contingency in the amount of $122,810.04 for any unforeseen changes; and 3) authorizing the Mayor to execute the contract. (Engineering/Public Works) Please scroll down to view the backup material. 368 of 550 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 7, 2021 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City, 1) awarding a contract to Wright Construction Engineering Corp. in the not -to -exceed amount of $818,733.60 for the Paradise Creek Mitigation Project at Kimball Way, CIP No. 19-35; 2) authorizing a 15% contingency in the amount of $12281O.O4 for any unforeseen changes; and 3) authorizing the Mayor to execute the contract. PREPARED BY: Luca Zappiello, Assistant Engineer - Civil DEPARTMENT: Engineer; i/Public Works PHONE: 619-336-4360 EXPLANATION: See attached. FINANCIALSTATEMENT: ACCOUNT N. Contract Award - $818,733.60 Expenditure Account: 296-409-500-598-6198 (Paradise Creek Mitigation Project at Kimball Way grant) — $ 50,551.50 Expenditure Account: 001-409-500-598-7049 (Drainage Improvements) — $168,182.10 (funds available through prior City Council appropriations) 1 5°r% Contingency — $12,10.04 Expenditure Account No: 001-409-500-598-7049 (Drainage Improvements) (funds available through prior City Council appropriations) APPROVED BY: APPROVED: APPROVED: ENVIRONMENTAL REVIEW: CEQA Notice of Exemption will be filed with the County Recorder's Office prior to construction. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: OMMENDATION: Adopt Resolution awarding a contract to Wright Construction Engineering Corp. in the not -to -exceed amount of $818,733.60 for the Paradise Creek Mitigation project at Kimball Way, CIP No. 19-35. Finance MIS BOARD / COMMISSION RECOMMENDATION: NIA ATTACHMENTS: 1. Explanation w1 Location Map 2. Bid Opening Summary 3. Three Lowest Bidders Summary 4. Owner -Contract Agreement 5. Resolution 369 of 550 EXPLANATION The Paradise Creek Mitigation Project at Kimball Way will repair sections of Paradise Creek at Kimball Way, including removal of existing concrete lining on south creek bank, earthwork and regrading, and installing articulated concrete blocks and cutoff wall on south creek bank. Drainage improvements include adding bar screen gates at the outlet and inlet of existing reinforced concrete box storm drains, and rip rap. Other site improvements include retaining wall, concrete driveways, perimeter wrought iron fencing, and access gates to secure the area. On November 1, 2017, the Engineering and Public Works Department submitted a project proposal for a California Governor's Office of Emergency Services Cal ES grant to improve Paradise Creek between Highland Avenue and Kimball Way. On March 19, 2019, staff was notified from Ca1 ES that the City of National city had been awarded Federal funding for Phase 1 of the project in the amount of $143,685.0O, which requires a local match of ` , 9 .00, resulting in a total project cost of $191,580.0O. Phase 1 included a field survey, geotechnical analysis, stream modeling, environmental review, and engineering design and permits. On June 18, 2019, the City council authorized the appropriation of grant funding for the Phase 1 of the project. Phase 1 of the project was completed on July 19, 2020. On September 8, 2020, staff was notified by CalOES that the city of National City had been awarded Federal funding for Phase 2 M Implementation phase of the project in an amount of $ , , 9 .2 , which requires a local match of $152,098.75, resulting in a Phase 2 cost of $608,395.O0, However, on November 2, 2020, staff requested additional funds from Cal ES for this phase of the project since the awarded funding was not sufficient to complete the proposed improvements. On February 25, 2021, staff was notified by CalOES that the requested additional funding for Phase 2, implementation phase, of the project was approved in amount of $194,25525, with a corresponding local match of $64,751 .$64,751.75. The updated project cost estimate per the grant agreement, incorporating the additional funds, is $650,551 0 in federal grant funds, and a local match of $216,850.50, for a total Phase 2 estimate of $867,402.O0. Additionally, on February 25, 2021, staff also received approval for a time extension establishing the new performance period end date as February 18, 2022. On July 27, 2021, the bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors, On July 26, 2021 and July 28, 2021, the bid solicitation was advertised in local newspapers. On August 17, 2021, seven bids were received by the 11:00 a.m. deadline. Wright Construction Engineering Corp. was the apparent lowest bidder with a total bid amount of $818,733.60. Upon review of all documents submitted, Wright Construction Engineering's bid was deemed responsive, and they are the lowest responsible bidder qualified to perform the work as described in the project specifications. 370 of 550 Based on Wright Construction Engineering Corp.'s bid, the City may contribute more than the required local match on this project if the full contingency amount is expended due to unforeseen conditions. The local match requirement is $216,85OE50, however if the full contingency is expended, the City contribution would be $290,992.14. Funds to cover this additional cost of ` -,1 1. 4, if necessary, are available through prior City Council appropriations. Therefore, staff recommends awarding a contract to Wright Construction Engineering Corp. in the amount not to exceed $818,733,60 and authorizing a 1 % contingency in the amount of $122,810,04 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 by Winter 2021/2022. Typically construction will begin four to six weeks after City Council approves award of contract to allow for coordination efforts, as well as contractor mobilization. Updates will be provided on the City'City's CIF dashboard at: ht ps:/ www.natior 1ci c ,g_o jo ernr e tien in erinqpu Ii - wors. 371 of 550 n PROJECT SITE --ice--i STATUTE MILES VICINITY MAP SCALE: 1' = 20,000 FT LEGEND: PROJECT BOUNDARY PROJECT STAGING AREA PROJECT COORDINATES ID LATITUDE LONGITUDE P1 32.67371044 -117.099533' PC2 PC3 32.672766* PC4 PC5 PC6 PC7 r 32.672531 32.673132' 32.673491 32.673645') 32,673490* -117.0992.38' -117.098800' - 117.098928' -117.098294a -117.098357° - 117.098897° 0 501100' 20 0' PROJECT LOCATION MAP SCALE: l' = zQo' i ATTACHMENT A: VICINITY AND PROJECT LOCATION MAPS GALIFOR! M -� NATIONAL Orr #00' 600' NATIONAL CITY, CALIFORNIA PARADISE CREEK AT HIGHLAND r���JL 2VX2J 11.TUEE WITH FOUNDATION - WET PICKET TORM. --; \ o4aL SMIECRE YOUDIo i •_ *Misr OCC PFlirtel IRIPLAC 117-0"TY mOOULE 1 1 i l ' x AN7tr5&Ci suPPLRT FLIED TO COMM Rw42 7/P E = MODULE -- r CONcRcrEFM cm1 eir.TYP i11,4f'TT P • efyYRNGI-rr IRON FENCE DETAIL SOALg IDO:S! I+ T'.isl t'JL7ALt COMO on I* nratZ • Concrete Driveway . TILLFREE .-+' 14}}7E`i0 mluiLicsaititcarr t:► INBIC R7Lfiif =P OE*LEW TP41A7 DM WWI 'Mil Do • Screen Gate "PC" LINE TABLE Linn. LENGTH 1 OM C1TN Lit 2935 ! N•47' 24' WE Lr2 SLW NTO' 1Z 421N Li4 Nair 1 NEW 4718.1 L-4 115M4' N77 32`Z5'E L -3 26S9d' 1 terse 17E Nod .?as02 19ml1 pit = Salad .9.neelt372]lLi12M=tiamoKikgrractlfiamidilleoeakagwo =Ra U RETAINING WALL SEE Slag FOR FCILINDAm N PLAN AND ELEVATION SEE El EVAL S e1SHTT FOR MINNEOT1ON DETAIL, Articulated Concrete Block "PC'' LINE CURVE DATA 17.11WE NO. L RADIUS TANC,I'T LEN4-T11 CA 04S 41a'06.Ti6' 200.4tr '44.5r UAW C-2 04a2813rar 2TU iQer _ xosr rz--TMUC ITIRON FO1DE vARIES -PC` LII4E -t POF1.EFTBANK -ItaL" LINE SEE PLAN FOR lA pCt4MENTOATA ARTICULATED CONCREM 9LOCliZ VARIES REMOVE AND OFSPOSEET CORCUNM 1 N CUTOFF MU- BOREDl.FOOT� DEWW GRADE TYPICAL SECTION $TA 3+9,6A4 TO $TA 4415,54 NO $c-auE WAuvrART PARieitts L.a, '11.8" LINE TABLE t,Q N', LE War ; L71 IIpN LAS , i5.2D 1I ss1s'E L.7 14.nr NM` Sr VrE L. 'Mrs NEW rt• OcE I 1.4 7 4 1 NIF7` 5T al- L-1it 3d. r I NIX' 32'2 "E .7 TOE OF LEFTEANK "SC-L' L]NE SEE MAW FOR PUG NMStirCIATA r1D-Y13 WSEL- OHM EAST GRAVE SET . DETAILS CH MIT FORT19 CONNECTION DETAL Wtough€ fors Fence • Retaining Wall Screen Gate -t. FWRS113 DVICITIPTEDCKIMI7331 AMERFABRICK1101i. #. 400111•13 Ryan rig ItaMilateLi67e111. k 1.044tQ7MP9441E12 W019UIIc IIIMINX12116 F7Al1 Mine Cinyoffamno PI4 itC{fy1 CSiNUi CP17041MiOf 6KIE BLCPEIC VI Te DErA L IloaouE KEY NOTES: 4=I DESCRIPTION NOT. 1 WRCIMITIRONMICE SEE 8HT5FOR Den= 2 umu4n.E LEAF•'WNORIONl' 1RUH MAX SEE UHT 5YO DETAIL Z i TON ROCK RIP RAP 4 HEAr WAtt. PERSnSo-d s 5 IIETAINOICWAL.LPENCALYRANS$i!1 PLAN US PIT EFORFOWI *TICK PLAtAAND Er-EvA 1ON a leIC4lIC'REYE 1111IVEVilef I memo s moms. 1 pan E It PLAT[ 7 OECCIAPOSED GRANITE PAO 3 72"BAR $ GATE S!EMT 6FOR fl WARS "Mar GIIRV4 TABLE CURVE NO. LL RADIUS TAW EMT LENUIT'I - C_ oirsrbur so.ocr 7.0 T law CA 324:0 t 73-i17• 942. a sv'1s.17- C Qo4 35MAr MINT i r ag+r OLRIARAIKINOFRESPONlSIBLECHARGE L E81�WiRi1E7h1AT IAIl1EMDEERY1IXitP132 nEE =ON WIN* Pw.AtlaSMal MlGt11CkAimCf llealNIE:980.LalliEfIfDllitaile i7 CM tuge ltraltDlluw114CHIE.tCF 11FN7iP147BiClLPoCP�D16a a'a1a�slawlall�Alrt1� c[7�'LIFr+lalgnll.il'Ir�,�lr�l 717,4FEVEW caLY,4WixresNarstut ewentt3maritlr ' awl:Kw magnamirouttioRibEsscuicircemmt w 4t13 19R, BMA BEE TN M Jl elliC PIA* Mill421104 Rill M 1, rn • d rLL •' �. '� s 4 .,a �•'•irt•_. - j •1� .r •/;' a �' e5 a , • . • I IQS>r soM.,:151)4 auva �E 74E610+.� 1 , 7L�F ER 11 154PPER iii � PROW mama, 02400 MX /oI a yPxt'1.• Iwc1�IWOl . r r xa-NA-varafritsalalo I wIMF llit#.-ItiI48Mr laralu FiAlE r. A kr' a l CIstil I I I • Concrete Driveway PLANS REVJEWiiTI EY: AMCLi:P=1 Cll iIDB� D PUT CRT Cl C+4OA r,t4e" INTATIONA Wry WIC taCR INAXNvA M c PARADISE CREEK MITIGATION PROJECT AT KiMBA1LL WAY IMPROVEMENT PL.4NANO PROFILE CITY OF NATIONAL CITY s1oILi Ili C1711 614- =- NATIONAL OI'TY - PARADISE CREEK MITIGATION PROJECT AT KIMBALL WAY w CO CALIFORNIA .r--.- N TI TIT avav INCORPORATED BID OPENING SUMMARY WANE: PARADISE CREEK ITI ATIOI PROJECT AT KIMBALL WAY CIP NO: 19-35 DATE: Tuesday, August 17, 2021 TIME: 11:00 A.M. ESTIMATE: $620,155.00 PROJECT ENGINEER: Roberto Yano, NO. T�'rr+��J IDDE // 1 �1 A1111. BID ADDENDA r+jy+ f d 1.2 BID , SECCR r I1 AMOUNT 1. Wright 2625 San Construction S Santa Fe Marcos. California Engineering Corp Ave 92069 1 ,733.60 Yes Bond 3-D 3665 San Enterprises, Ruffin Diego. California Road, Inc, Suite 103 92123 $845,600.00 Ye ; Bond 3 Blue 3545 Suite San Pacific Camino A Diego, California Engineering del & Construction Rio South 92108 ►949,500.00Yes Bond . HSCC, 1 2101 Lakeside, Inc. Lakeside California Ave 92040 1,072,71.9 Yes Bond 5 Western 621 Escondido, S. Andreasen Rim Constructors_ California Inc. Drive, Suite B 92029 $1,114,459.52 yes Bond Whillock La Contracting, California Inc 91943 1,154,19 .00 Yes Bond Mesa, De 22W NATIONAL La 35TH Fuente ST. AL Construction, SUITE California Inc 207 91950 $19197,986,93Yes fond CITY, 374 of 550 Bid Results for Paradise Creek Mitigation Project at Kimball Way (CIP No. 19 5 Item No, Description Unit Qty. Wright Construction Engineering Corp. 3-D Enterprises, Inc. Blue Pacific Engineering Construction Base Bid .. ' r:-P r dis r k:. iiti -tin Project. tKimball.Way.Project �. Mobilization/Demobilization 2 Water Quality Control 3 Traffic Control Design and Implementation Creek Diversion Plan, Dewatering, Discharge, and Disposal Grading and Earthwork LS 1 LS LS $65,000.00 $65,000.00 10,000.00 $10,000.00 $5,000.0O $5,000.00 $40, 000 $12,000 $101000 $40,000 $40?0P $.12,000 $20,000 $10.,000 - $10,000 $40,000 $2O000 $10,000 LS $10,000.00 $10,000.00 I $30000 $30,000 $20,000 CY 140 $308.00 $43,120.00 $.50;O0 $7,000 $100 $20,000 $14,000 6 Clearing and Grubbing SF 13000 $2.00 $26,000.00 $i.00 $13,000 $1.00 $13,000 Demolition LS 1 $2o,00000 $20,000.0O $45,000 $45,000 $30,000 $.3oOOo 8 9 Articulated Concrete Blocks ' drought Iron Fence and Gates SF LF 5100 905 $2OE00 ' $102,000.00 $2t0O $107,100 $18.00 $91,800 $240.00 ' $217,200.00 $240.00 $217,200 $300 $271,500 10 11 8' Retaining Wall 1j4 Ton Rock Riprap CY CY 154 42 $7334o $112,9436o $900.00 ' $138,600 $700 $335.00 $14,O7000 $100.00 $4,200 $300 $107,800 , $12,600 12 14' Concrete Driveway EA 2 $5,000100 $10,000.00 $4,000 : $8,000 $1,•80.o $3,6ocJ 13 4" Concrete Access Pad 7" Bar Screen 60" Bar Screen CY EA EA 34 3 $1,000.00 $34000.00 $500.00 $17,000 $800 $1O,000EOO $30,000,00 $16,000 $48000 $20,000 $7,500.00 $22500.00 $17,000 $51,000 $40,000 ,7, 00 $.60, 000 $120,000 16 Headwall and Storm Drain Pipe 1 $12,000EOO $12,000.00 $30.,000 $30,000 $10,000 17 Landscaping, planting, and irrigation LS $32,000AJO $32,000.00 $26,000 $26 000 $45.,000 $45, 000 18 Landscaping, planting, and irrigation (maintenance period) MO 12 $1,200.00 $14,400.00 $1,000 $12,.000 $•,00o $24,00 19 20 Over -Excavation Shotcrete C SF 10 950 $1,000.00 $30.00 $10,000,00 $28,500.00 $100, si000 $30.00 $28,500 $1,000 $20.0O $10'000 $19,000 Tt $818,733. 0 $845,600oo.: $949500.Oo 375 of 550 OWNER:-.C.Q.NTRACTORAGREEMENT PARADISE CREEK MITIGATION ATION PROJECT T AT KPMB LL WAY, CIP NO# 19-35 This Owner -Contractor Agreement ("Agreement") is made by and between the City of National City, 1243 National City Boulevard National City, California 91950 and WRIGHT CONSTRUCTION ENGINEERING CORP ("Contractor") South Santa Fe Avenue, San Marcos, CA 92069 on the Ith dav ofSeptember,„Nil, 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 "Are, (hereinafter "Contract Documents"), nts"), in 'compliance with all relevant Federal, State of California, County of San Diego and City of National City codas and regulations, and to the satisfaction of the owner. 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 mployrnt 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 a . 376 of 550 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 s f that Code, and l will comply with such provisions before commencing nci the performance of the Work of this Agreement. b) The Contractor shall require each subcontractor to comply with the requirements f Section 3700 of the Labor Code. Before commencing any Work, the Contractor shall cause each subcontractor to execute the following certification: "I 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 OE AGREEMENT DOCUMENTATION Contractor shall maintain all books, documents, ents, 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 years from the date of final payment under this Agreement, for inspection by Owner ad 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, 377 of 550 Owner shall have the right to control Contractor insofar as the results of Contractor's services rendered pursuant to this Agreement; however, Owner shall not have the right to control the yens by which Contractor accomplishes such services. 10. LICENSES AND PERMITS Contractor represents and declares to Owner that it has ail licenses, ses, 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 tires during the term of this Agreement, any licenses, permits, qualifications or approvals which are legally required for Contractor to practice its profession. 3.1. 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 ges 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. 11. I have read and understood all of the provisions of this Section I, above: /KV / (InittaI) (lnitial) 378 of 550 14. AGREEMENT MODECATION This Agreement and the Contract Documents may not be modified orally or in any manner other than by an arnenui e iL in n vv itin g arid signed by the av-v'ner and the Contractor. IN WITNESS WHEREOF this Agreement is executed as of the date first written n above. Owner: Contractor: WRIGHT CONSTRUCTION Alejandra Sotelo-Solis Mayor, City of National City APPROVED AS TO FORM: By: Charles E. Bell, Jr. City Attorney ENGINEERING CORP /77- (Owner/Officer signature) Wesley Wri ht- President Print name and title (Second officer signature if a corporation) Print name and title Contractor's City Business License No. 995153- Class "A" State Contractor's License No. and Class 2625 S. Santa Fe Business street address San Marcos, CA 909 City, State and Zip Code 379 of 550 CERTIFICATE OF CORPORATE RESOLUTION WRIGHT HT CONSTRUCTION ENGINEERING CORP. I, Wesley Wright, President of Wright Construction Engineering Corp., organized and existing under the laws of California and having its principal place of business at 3725 Trieste Dr. Carlsbad, California, hereby certify that the following is a true copy of a resolution adopted by the Board of Directors of the Corporation at a meeting convened and held on July 1, 2014 at which a quorum was present and voting throughout and that such resolution is now in full force and effect and is in accordance with the provisions of the charter and by-laws of the Corporation. RESOLVED: That the President, Wesley Wright, of the Corporation is hereby authorized to sign any contracts or forms on behalf of the Corporation. RESOLVED FURTHER: That the President, Wesley Wright, is hereby authorized and directed to certify to any interested party that this resolution has been duly adopted, is in full force and effect, and is in accordance with the provisions of the charter and by-laws of the Corporation. 1 further certify that this Corporation is duly organized and existing, and has the power to take the action called for by the foregoing resolution_ DIRECTORS ,7 :n J. o L President Vice President Secretary Treasurer 7 - 2c-; Date Date Date f Date Witness my hand seal of this corporation on this. lst day of July, 2014, 380 of 550 EXHIBIT CONTRACT DOCUMENTS Owner/Contractor Agreement Bid Schedule Addenda Plans Special Provisions (Specifications) San Diego County Regional Standard Drawings s 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 byjurisdictional regulatory agencies Electric, gas, and communications companies specifications and standards Sweetwater Authority specifications and standards Specifications, standards and requirements of MIS, BNSF, SANDAG, Port of San Diego and all other agencies that may be adjacent a ncifor affected by the project. 381 of 550 EXHIBIT B CONTRACT PRICE (NOTE - TO BE COMPLETED 7'O CONFORM WITH BID SCHEDULE ITEMS) 382 of 550 EXHIBIT B CONTRACT PRICE Bid Results for Paradise Creek Mitigation Project at kimaball Way (CIP No. 19-3 5) Item No. Description Unit Qty. Wright Construction Engineering Corp. Base Bid - Civic Center Basement Power Upgrade Project Mobilization/Demobilization LS 1 $65 000.00 $65,000.00 Water Quality Control LS 1$1O,00000 10000.00 3 Traffic Control Design and InplE L 1 -$5000 00 5 000.00 4 Creek Diversion Plan, Dewaterii LS 1 $10,000.001 $1O,00�OO 5 Grading and Earthwork CY 140 $308.00 $43,120 00 6 Clearin9 and Grubbing SF 13000 $2.00 $26O0O.O0 7 Demolition LS 1 0)000.00 0000.00 8 Articulated Concrete Blocks SF 5100 $20.00 $102, 000.00 9 161 Wrought Iron Fence and GatE LF 905 $240.00 17,00.00 10 8' Retaining Wall CY 154 $73340 11 , 43.60 1_. 1 1/4 Ton -. Riprap rap 4 35. 00 1 4 070.00 1 14' Concrete Driveway EA 5000.00 1 0, 000.00 13 4" Concrete Access Pad CY 34 1,000.00 34 000.00 14 7 E' Bar Screen _LEA 3 1 O,0 30.00 3O 000.00 15 60"Ear Screen EA 3 _ 7500. r 500,00 16 Headwall and Storm Drain Pipe LS 1 $12 000.00 $121000.00 17 Lands apin , planting and irrig LS 1 3 ,000.00 $32,000.00 18 Landscaping, planting) and irri . O 1 $1,200 00 14400.00 19 Over -Excavation CY 10 1,000,00 10 000.00 20 Shotcrete SF 950 $30.00 $281500.0.0 Total $818,733.60 1 383 of 550 CORPORATE CERTIFICATE Wesley Wright certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that Wesley Wright who signed said contract on behalf of the Contractor, was then Press' rir *,g- of sa i d Corporation; that said contractwas duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. Wesley Wright certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that ► esley Wright who signed said contract on behalf of the Contractor, was then President t of sakd Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. Corporate Seal: 384 of 550 Executed In Triplicate PERFORMANCE BOND Bond Number: 1001155638 Premium: $14,737.00 Premium Is for the contract term and is subject to adjustment based on the final contract price. Bonds effective September 7, 2021 WHEREAS, , the City Council of the City of National City, by esrolution No. 021 n the .7th day of . September, 2024 has awarded WRIGHT CONSTRUCTION ENGINEERING EERI O , hereinafter designated as the "Principal", the PARADISE CREEK MITIGATION PROJECT AT KIMBALL WAY, CIP NO. 19-35 WHER, 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 S. Specialty Insurance Company - -- as surety, are held and firmly bound unto the City of National City, hereinafter called the "City", in the penal sum of i tit Hundred hteen Thousand Seven Hundred hi -Three andSi cents f$818,733.6O1 dollars 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, its officers, agents, employees, and volunteers as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms ofthe contract or to the work to be performed herein or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such 385 of 550 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT 01_a1_, _,0_0,0_ ►:0w., _4_ _ 0:XON + .ONKN _ODKireriCe:1-'a: _0_ _+ ,r,: 0:0- :a NI,, _ar.K ODDLNEOCODK CaD.r,0=0,0,+KcIha_ac0r_0r f:a �f:- c+ Oa QL ► ,KONCO • 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 Bernardino On AUG 2 0 2021 before me, Rebecca Elizabeth Adcock, f otar Public Name and Title of Officer (e-g., "Jane Doe. Notary Public") fi personally appeared a_ ti a a imQ 0. y 0 0 Description of Attached Document Title or Type of Document w Document Date: Signer(s)Other Than Named Above: :4- Ca aoit ies) Claimed by SIgner(s) 1 igiJVM:NRebecca Elizabeth Adcock _. �+ f i OMMI tf,I NI l► 2?27. .�.Fr � �.• .AfC r•I\ :1 a +. BE NAR._PJN COUNTY j ,,. ss. My Ccnim, Expires' 3-May-7..\24 pia J. Young Name ) Signerfs who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. l certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ITNESS my hand q official seal. OPTIONAL QmIL Ca91 Signal re of NoPubli.. 9 � ary o Though the information below is not required by law, it may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to anther document. Signer's Name: 71 Individual Corporate Officer Number of Pages: Title 0 Partner -- LJ Limited ID General Joe 71 Attorney -in -Fast 1171 0 Trustee CI Guardian or Conservator Other: Signer is Representing: al 44 f•Li Mti+YV�rt'i7r�19o`®iachai i..'`'.i�"4ti—.tea`-�•r..�i.k•ZAY#^r,^4 RT THUMBPRINT OF SIGNER Top of thumb here 1 a b 386 of 550 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 tisk vik. 04, 0.4 a ' ` i O',APIA ".�4'. '. 'r a" ^ 1ii . . k .' ck•. - ..Vk" ' '+. 1.'.. i'.v+, AN.r9 }.5?s, AN Aik•-16% .. V%-V%*.'G4 -Vli.'t -V% ek A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which thiscertificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On lC.,� Gg; Date personally appeared e ID before me, Here Inert Name and Title of the Officer \f\i‘f ck Name(s) of Signer(s) • 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 th•e laws of the State of California that the foregoing paragraph is true and correct. PATRICIA RCSALES Notary Pubtic = California San Diego County Commission # 136419 My Comm. Expires Jul 8. 2O Place Notary Sealea/ Above WITNESS my hand and official seal. Signature �[ j-26,14,46"N„ OPTIONAL Signature of Notary Public Though this section is optional, 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: x~► "j2Va Document Date: Signer(s) Other Than Named Above: Number of Pages: Capacities) Claimed by Signer(s) Signer's Larne:: • Corporate Officer — Title(s): L� Partner — Limited 1 General E Individual L Attorney in Fact '- Trustee L Guardian or Conservator - Other: Signer Is Representing: Signer's Name: 1 Corporate Officer — Title(s): - Partner — Limited General • Individual Attorney in Fact Trustee - Guardian or Conservator Other; Signer is Representing: 2016 Nation& Notary Association • www.NationalNotary.org • 1 _800-US NOTARY (1-800-876- 8 7) Item #5907 387 of 550 STATE OF CA.LIFOEtNiA DEPARTMENT OF INSURANCE SAN Pli,ANCTSGQ Amended Certificate of Authority NQ 07984 TUB Is TO CEKIIIFYTHAN, Pu :sumo to rhe tnsurance Code of the State of California, V, S. Specialty Insuratiee Company of nou s tor, Texas laws of Texas organized under the subject to its Articles f Incovoration or arherfundamentot orearrizAtionaldoeur tcntJ, t herby akrhal-ited to transact within tire' State, subject to ali provisions of this Certifkate. the following classes of insurance: Firer Marine, Surety, Disability, Liability, Workers' Compensation, Aircraft, and Misc,ellaneous as such classes are now or may hereafter be defined in the Insurance Laws of the State of California. THIS CERTIFICATE is expressly conditioned upon the bade hereof now and hereafter being in full compliance with ell, and not in violation of any, of the applicable laws and lawful requiretnents made under authority of nine laws of the State of California as long as such laws or requirements are in effect and applicable, and as such laws and re- giiarem is now are, or may iterecOere cl r#ged or amended, IN WAS WHEREOF, effective as of rite _ 9 - - day af December O4 I halite hereunw set my hand and 4extued my official seal to be aced di is 29 'al day of,._Decr r F 2004 By NOTICE: ctimtintation with the Serretary or Statomust be accomplished risroquired by tits ' p I lly after 'Mama of this Cm rrc is of Attiborit . Fallow to do so wilt be a violation of insures Code Section 01 and 1 I he grottal rem revoking tht% Cadflcakti of Authority puraupit to dm convenans made in the application thraeter and the co nditionc ctmt r d Itefein. ohn G a Urance C am tndi irriouer rOlit4 e! far Ida Zodrow Deput Mat r,02 mei 388 of 550 POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the *Companies"), do by these presents make, constitute and appoint. Jay P. Freieman, Laurie B. Druck, Cynthia J. Young, Christina Mountz or Melissa Dawn Schwartz of San Bernardino, California its true and lawful Attorneys) -in -fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed *****Three Dollars *** 3,000,00O*o *** ). This Power of Attorney shall expire without further action on April 23rd, 2022. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resold, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorneys) -in -Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company. to execute, acknowledge and deliver, any and all bonds. recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and ail notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by theCorporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached, IN WITNESS WHEREOF, The Companies have caused this instrument to be 151 day of June, 2018. State of California County of Los Angeles TA Notary Public or other officer completingthis 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 signed and their corporate seals to be hereto affixed, this AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING OMPANY UNITED , T ,,SI RETY�1 P'ANY �t „ 'ECIAI,. �It t URAN COMPANY �``1 4 A k p <,T aS_ F� r ,,Ic „'>•,ti,' , t �•r�, .'�xti; i'ItiBI,IEti :,11,, 615(1 Thif 1 4 .A{; SKr RF1'�Y �.�"`"�•�$ 7 1 trA By: eoF N1ttu 11tiYe 4 +alrRlak�!< frrhr la,lae •, t44* *moo" Daniel P. Aguilar, Vice President On this i st day of June, 2018. before me, Sonia D. Carrejo, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and VS, Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person. or the entity upon behalf of which the person acted, executed the instrument. i certify under PENALTY OF PERJURY WITNESS my hand and official seal. under the laws of the State of California that the foregoing paragraph is true and correct - SOU o CAM* ibli Angelo Court! / Signature tio. 4 1 ' eai) COW. Egoists got 23, 2012 Comissisn i 222971 z I, I io Lo, Assistant Secretary • American Contractors Indemnity Company, Texas Bonding g ompany, United States Surety Company and U_S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In W itns Whereof, 'ave hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this day ofc.Qag ' o( j )tlit? fr iS�iS41i1Nrllr�.f11SIIMMj�IySIlp��iJ Corporate Seals � ;,�,�140 ',� ,,ur_ {s�, Bond l- /�//5)5' 3 '� ,tee. :411:P/:,;� Q .-'j + U.7 i[ ii,e -s � '� ; .4°�! tat * f /"mod - ' ? s a r °- ?' lrIyGM7 . r+r. M� 11�1411 4.14'1"a Agency No_ 3501 visit tmhcc.comisurety for +ore information Kr Lo, Assi Secretary HCCSMANP0A06/2018 389 of 550 Executed in Triplicate PAYMENT T BONO Bond Number: 1001155638 Premium mium included in charge for Performance Bo d Bonds effective September 7, 1 WHEREAS, the City Council of the City of National City, by Resolution No. n the 7th day of September, 2021 has a carded, RI HT CONSTRUCTION ENGINEERING NN P hereinafter designated as the "principal", the PARADISE CREEK MITIGATION PROJECT AT KIMBALL WAY, CIP NO. 19-35 WHEREAS, said Principal is required by Chapter 5 (commencing at Section3225) 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, RE, we, the Principal and U.S. Specialty Insurance Company-_- - - .. as surety, are held and firmly bound unto the City of National City, hereinafter called the "City", in the penal sum of Eight H ndred Eighteen. Thou nod, Seven.. Hundred Thies: Three and .Sim nt1,7.1 dollars 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 LI TION 15 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 e 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 attorneys 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. 390 of 550 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 deemedan original thereof, have been duly executed by the Principal and Surety above named, on the 20th day of August , 2021 U.S. Specialty Insurance Company (SEAL) Wright Construction Engineering Corp(SEAL) r/Fff r""• .r 1ljjji//��ff}j}j SEAL) (SEAL) Cynthia J. Young, Attorne fi-Fact(sE L) (SEAL) Surety Principal 391 of 550 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT J 0* 5 L „. .,01, sir-0. 4•s 4F.40 4•4t 0 , - _ ag o_ : o:o_ o_ 7.0:a_ _ ocai_ ;ac.a - oK Qoaoacacaci _s_aDzazer _ e_ac_i e _ .w 07.4.oDat iolua D_a oca,K oe_ , 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 Bernardino AUG 2 0 2021 On personally appeared ss. before me, e, F becca Elizabeth Adcock M ; e 1 4ri��+,r -. 1, ' ' i"41'� I 1l� '% r tiI . : - I._.. a... I. �.ie•• 4''�'i �"'� ♦ C# n tt- :-m mExpires' 3'Yay'iLY , Rebecca Elizabeth Adcock, Notary Public Name and Title of Officer (e g . 'Jane Doe. Notary Public") Cynthia J. Young Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, 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 officiaJ,seal OPTIONAL Sig rii 'ature of Notary Puri 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 this form to another document, Description of Attached Document a, 14 6 Title or Type of Document: Document Date: Number of Pages:lIiMe ; Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signers) Signer's Name: (i Individual 71 Corporate Officer Title M Partner -- 1i Limited CI General Attorney -in -Fact 71 Trustee 71 Guardian or Conservator Other: Signer is Representing: RT THUMBPRINT OF SIGNER Top Qt thumb h ( 392 of 550 On ALfe Date personally appeared CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 1189 coadMit 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 ��� 500 r (4.1 IN) "s4-`ki Pljeu 're Ipse Name and Title of the Officer'' Name(s) o Signer(s) 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. PATRICIA ROSALES Notary Public • California San Diego County Commission * 2364819 my Comm. Expires Jul 8, 2025 Place Notary Seat Above WITNESS my hand and official seal. Signature OPTIONAL Signature of Notary Public Though this section is optional, comtoleting this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached D current afriit Title or Type of Document.. 4!" "i►ACI-41c.„,.1"G' ' `;` Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by igner(s) Signer's Name: Corporate Officer — Title(s): - i Partner — !_i Limited General Individual Attorney in Fact Ei• Trustee Guardian or Conservator i Other: Signer Is Representing: Signer's Name: FL Corporate Officer Title(s): __J Partner — II. Limited _ General Individual LI Attorney in Fact I:: Trustee E Guardian or Conservator Other: Signer Is Representing: _-I4. 5f;---_�_.��-�_�W_---NCI ��- Tom.:P._-��.�-� ©2016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY ' (1-800-87 - 8 7) Item #5907 393 of 550 STATE OF CALIFORNIA DEPARTMENT JNSURANCE SAN FRANCISCU Amended Certificate of Authority 1VQ 07984 THIS O CERTIFY :MAT, Pursuant to rhd Insurance Code of the State of California. U.S. Specialty Insurance Comparly of R castor, Texas , organked under the laws of 1 e x a s f subject ect to its Articks of Incorporation on or other fana me r l monizatilonal documents. is hereby authorized to transact within the Stare, subject to all provisions of this Centricate. the following classes of insurance: 'ire, Marine, Surety, Disability, Liability, Workers' Compensation, Aircraft, and Miscellaneous as such classes are ww or may hereafter be de,fined ed to the insurance Laws of the State of California. THIS CERTIFICATE is expressly conditioned sport the holder hereof now and hh a rea fre r being En fall compliance with all, and not in violation of any. of the applicable laws and la fil requirements made under authority of the taws of the State of California as long as such taws or requirements ore in effect and applicable, and as ,su 1r ma's and r quirern n s now dre, Or may hRreirifter be changed or amended: � WIDIESS WHEREOF, effective as of the 29th day of De5ernber 2have titer ,mto set my hand and amused rrty o dyn! seal to be affixed this 29th day off . U awember _2004 By NOTICE: Quidirlimion with the sccicto7 of State;nun be acompii3hcd as requited by ode pro ly afk r ;wince or this Certificate of Amtiotity. Pailure to dQ will be a violation of Insurance Code Section 701 and II be rdi fortb revoking this Certificate of Authority putautinl to the covenants madt is the application thereier and tMM condition; contained he " mend, iss oner .MOM , 41407nr for Ida Zodrow Drpu teput , OSP W 30,101 394 of 550 TOKIo M ''I N E POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors indemnity Company, United States Surety Company, a M aryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the ''Companies"), do by these presents make, constitute and appoint: Jay P. Freeman, Laurie B. 'ruck, Cynthia J. Young, Christina Mountz or Melissa Dawn Schwartz of San Bernardino, California its true and lawful Attorneys) -in -fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead. to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed *****Three Million***** Dollars ( *** ,000,000.00**' , This Power of Attorney shall expire without further action on April 2r, 2022. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved, that the President, any Vicce-President. any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorneys) -in -Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -ire -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary: Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 1st day of June. 201 State of California County of Los Angeles AMERICAN CONTRACTORS INDEMNITY NITY COMPANY TEXAS BONDING OMPANY UNITED ST,A S,SURET .IC 'PAN . .4FECIAL,i iiN5U JCE COMPANY 1 '�.'R{rri t�. % A -. .k`` �0i,.qP� � 0t � �L. ��r�� 'F` f 5 a i_' .may III \1� ...oil 4fli •co 'N r 7 sir rt t i,., s X 7• 6. "'PuiiiTti4r4`" of m } " `�e,,,,,#I� way ` �rrxr� #.�11Yr►`'`Y By Daniel P. Aguilar, Vice President 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 On this 1st day of June, 2018, before rne, Sonia. O. Carrejo, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, 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 ofCalifornia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. a Signature4. I - , (seal) 5014A. (Alt Notary hAtle • Catibtrai Anoin Cry Corr ;f$*lorti 2211471 kty ircrnn, . tt itaticg 23, Z?i l Kio Lo, Assistant Secretary American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U, S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect, In Witness Whe.reo t) have hereun o set my hand and affixed the seals of said Companies at Los Angeles, California this day of Corporate Seals Bond No. � f ` Agency No. 3501 , ''te" = A �+• Strai*r .._.i�r� �0.141741IgRr Il yyti{MYa µ+d:" l3 •, iLLi(,4.?'1►44iP# r S !J.: !.' iiiII-4! a! v...571:1 • T KioL Pr i ,� ..ri.�,,,*ti,�,Yr .,�.--,_�_ ..��.� or Assn R Secretary ........1#MIY:[. re�r��.�+3 �y �µ,„ frame. •* 5,, I'�� ft II, FRi sill'' visit tmhcc.comisurety for more infor=oation HCCSMANP0A06r2018 395 of 550 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City: 1) authorizing the Mayor to execute the First Amendment to the Agreement by and between the City of National City and Hinderliter De Llamas & Associates for tax and fee administrative services, extending the Agreement to December 31, 2021, with the option to extend year to year thereafter, and adding compliance services; 2) authorizing a General Fund appropriation of $67,000 and corresponding revenue budget for the contracted services. (Finance) Please scroll down to view the backup material. 396 of 550 CALIFORNIA N-ATI O NAL CIlp'y 1 se a � INCORPORATED City Council Staff Report September 7, 2021 AGENDA ITEM: Resolution of the City Council of the City of National City authorizing the Mayor to execute the First Amendment to the Agreement by and between the City of National City and Hinderliter De Llamas & Associates for tax and fee administrative services, extending the Agreement to December 31, 2021, with the option to extend year to year thereafter, and adding compliance services. Authorization to establish a General Fund appropriation of $67,000 and corresponding revenue budget for the contracted services. EXPLANATION: The City of National City entered into an agreement with Hinderliter De Llamas & Associates (HdL) on December 19, 2019 for tax and fee administration and related services for the City for the period of December 19, 2019 through December 18, 2020. Specifically, the services were for business licensing and transient occupancy tax (TOT) operations management. The services include a tax registration database, license renewal processing, new account processing, business support, and an online filing and payment portal. The agreement amendment will commence retroactively to January 1, 2021 and continue year to year unless terminated by either party with appropriate notice. The scope of work is expanded to include compliance services, such as discovery, collections, and audits. The additional services will improve enforcement of business licenses and increase revenue to the City. HdL only receives compensation for compliance services that result in additional revenue collections. HdL's services will help the City achieve its objective to implement regulatory strategy, apply customer service prerequisites, expedite payment processing and recordation of fees and taxes due, and yield vital information at reach within a portal for both the business owner and City of National City Staff. HdL provides numerous services including but not limited to; business license renewals, follow-through and collection of delinquent business licenses, and most importantly business license application support. HdL's familiarity with the importance of the business practice and program will serve as a boundless resource for both the business owners who conduct business 397 of 550 within the city limits and the city itself. Staff is confident that utilizing the services HdL has to offer will help the City implement administrative control of business licenses and serve as an advantage to the City and the public as compliance is met. The costs for HdL's contracted services for business license and TOT tax and fee administration will be approximately $67,000 for fiscal year 2022. Prior to business license administration by HdL, this process was handled internally by a dedicated member of the Finance Department. The administration took 100% of the employee's time at a fully burdened cost of approximately $77,000 per year. Since outsourcing business license administration to HdL, the Finance employee has transitioned to a new role within the Department and allowed the Department to reduce the number of Accounting Assistants by one position, for a net savings of $10,000. In addition, by expanding the services HdL will be providing to include compliance and collections, services which City staff did not have the capacity to pursue, revenue is expected to grow beyond adopted fiscal year 2022 budget levels. Between personnel cost savings and new revenue, the services covered by the contract amendment with HdL will be cost neutral to the City's General Fund. 398 of 550 AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND HINDERL1TER, DE LLAMAS & ASSOCIATES THIS AGREEMENT is entered into on this 1 th day of December, 2019, between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY":), and HINDERLITEI, DE LLAMAS & ASSOCIATES, a California corporation (the "CONSULTANT"), RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide business tax operations management regarding the renewal and issuance of CITY business licenses. WHEREAS, the CITY has determined that the CONSULTANT is experienced in municipal sales tax matters 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 business tax operations management, and the CO SULTANT 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. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement will become effective on December 19, 2019. The duration of this Agreement is for the period of December 19, 2019 through December 18, 2020. Completion dates or time durations for specific portions of the project are set forth in Exhibit "A" 3. SCOPE OF SERVICES. The CONSULTANT will perform those business tax operations management services as set forth in the attached Exhibit "A". The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONSULTANT shall appear at meetings specified in Exhibit A to keep staff and City Council advised of the progress on the project. The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services. 399 of 550 4. PROJECT COORDINATION N AND SUPERVISION. Mark Roberts hereby is designated as the Project Coordinator for the CITY and will monitor the progress andexecution 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. Josh Davis thereby is designated as the Project Director for the CONSULTANT. 5. CONWENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on billings covering actual work performed and actual CITY revenue received by CONSULTANT. 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 $49,500. CONSULTANT shall invoice the CITY at the end of: (1) January; (2) February; and (3) March, with each invoice detailing the amount of CITY revenue CONSULTANT collected for that month, and the amount of CITY revenue CONSULTANT retains as compensation for CONSULTANT's services, 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. 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 andr'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 proj ect, 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. Standard Agreement Page 2 of 12 City ot'National City and Revised May 20t9 Hinderliter, De Llamas & Associates 400 of 550 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 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 theCITY 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. TOR. 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 SUB CONS ULTATTS, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its SUBCONSULTANT(S) T(S) shall require the SUBCONSULTANT(S) T(S) to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CITY, nor its officers, agents, oremployees 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. COMPLIViCE WITH APPLICABLE LAW The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable state and federal statutes and regulations, and all applicable ordinances, rules, and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT and each of its SUBCONSULTANT(S), shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ET_C. 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, per nit, or approval to CITY upon request. The CONSULTANT represents and Standard Agreement Page 3 12 City of National City and Revised May 2019 Hinderliter, De Llamas & Associates 401 of 550 covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all tunes 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. I. 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, seq., sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. MATIOI . The CITY may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 14 however, shall not Standard Agreement 12 City of National City and Revised May 20 19 l=linderlita r, De Llamas Associates 402 of 550 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 T 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. A. PERS Eligibility Indemnification. If CONTRACTOR's employee(s) providing services under this Agreement claims, or is determined by a court of competent jurisdiction or the California Public Employees Retirement System ("PERS„) to be eligible for enrollment in PERS of the CITY, CONTRACTOR shall indemnify, defend, and hold harmless CITY for the payment of any employer and employee contributions for PERS benefits on behalf of the employee as well as for payment of any penalties and interest on such contributions which would otherwise be the responsibility of the CITY. CONTRACTOR'S employees providing service under this Agreement shall not: (1) qualify for any compensation and benefit under PERS; 2 be entitled to any benefits under PERS; (3) enroll in PERS as an employee of CITY; (4) receive any employer contributions paid by CITY for PERS benefits; or (5) be entitled to any other PERS-related benefit that would accrue to a CITY employee. CONTRACTOR's employees hereby waive any claims to benefits or compensation described in this Section 16. This Section 16 applies to CONTRACTOR Standard Agreement Page 5 of 12 City of National City and Revised May 2019 Hinderliter, De Llamas & Associates 403 of 550 notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary. B. Limitation of CITY Liability. The payment made to CONTRACTOR under this Agreement shall be the full and complete compensation to which CONTRACTOR and C 1 TRACTOF 's officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither CONTRACTOR nor ONTI A TOR's officers, employees, agents, and subcontractors are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to CITY employees. The CITY will not make any federal or state tax withholdings on behalf of CONTRACTOR. The CITY shall not be required to pay any workers' compensation insurance on behalf of CONTRACTOR. C. Indemnification for Employee Payments. CONTRACTOR agrees to defend and indemnify the CITY for any obligation, claim, suit, or demand for tax, retirement contribution including any contribution to PERS, social security, salary or wages, overtime payment, or workers' compensation payment which the CITY may be required to make on behalf of(1) CONTRACTOR, TOI , (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 SUB I STTLTA TT(S), when applicable, to purchase and maintain throughout the term of this Agreement, the following ving insurance policies: A. Professional Liability Insurance (errors and omissions) with minimum limits of $2,000,000 per claim. 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 ("any auto"). 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 1, 00,0 0 per occurrence and $2,000,000 aggregate with a $3,000,000 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 Standard Agreement Page 6 of 12 City of National City and Revised May 2019. Hinderliter, De Llamas & Associates 404 of 550 sell be provided. The general aggregate limit mustapply 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. I. 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 Sl, 00,000 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 T 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. Cyber Liability Insurance with limits not less than $2,000,000 per oeculTence or claim, $2,000,000 aggregate. Such coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by CONSULTANT in this Agreement and coverage shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations. The policy shall name the CITY, its officers, officials, employees, and volunteers as additional insureds on the Cyber Liability policy with respect to liability arising out of work or operations performed by or on behalf of CONSULTANT including materials, parts, or equipment fiumished in connection with such work or operations. F. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, officials, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. 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, ofcancellation or material change. G. if required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date roust be on or before the date of this Agreernent. H. The Certificate Holder for all policies of insurance required by this Section shall be: City of National City co Risk Manager 1243 National City Boulevard National City, CA 91 0- 397 1. 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 Standard Agreement Page 7 of 12 City of National City and Revised May 2019 Fi inderliter, De Llamas & Associates 405 of 550 provided by non -admitted "surplus lines,} carriers, they must be included on the most recent List of Approved Surplus Line Insurers '`L.ASLI") and otherwise meet rating requirements. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY' S Risk Manager. If the CONSULTANT does not keep all insurance policies required by this Section 18 in full force and effect at all tunes 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. Ali 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. L. If the CONSULTANT maintains broader coverage or higher limits (or both) than the minimum limits shown above, the CITY shall be entitled to the broader coverage or higher limits (or both) maintained by the CONSULTANT. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY. 19. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part ofthe other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense ofthe 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. TERNH ATION. A. The services component that CONSULTANT provides CITY may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONSULTANT. During said 0-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. Software services may be terminated by either party upon written notice at least 90 days prior to the end of the established annual billing cycle. Software services are provided on an annual basis. No credit will be provided for any unused portion of the annual term. Upon termination, the software license shall expire and (1) CITY will immediately remove the software from computers, servers and netvvorl, and destroy or erase all copies of the software and any Proprietary Information (as defined in Exhibit "A") and confirm destruction of sane by signing and returning to CONSULTANT an "Affidavit of Destruction" acceptable to CO Y SULTAI T, and 2 upon CITY's request, CONSULTANT will assist in extracting the CITY data in a format acceptable to both the CITY and CONSULTANT. C. 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 Standard Agreement Page 8 12 City ()National City and Revised May 2019 Hinderliter, De Llamas & Associates 406 of 550 CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services . directed by the CITY. D. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT NT as provided for herein. E. 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. F. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. - NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company withcharges 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: Mark Roberts Director of Finance City of National City 1243 National City Boulevard National City, California 91950-4397 To CONSULTANT: Andy Nickerson President, FI.dL 120 South State College Boulevard, Suite 200 Brea, California 92821 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, Standard Agreement Page 9 of 12 City of National City and Revised May 2019 Hinderliter, De Llamas & Associates 407 of 550 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 4ND 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 tunes comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. The CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Section 22 by the CONS ULTANT. 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, 17 0. , 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 ThirdPzrties. 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. Standard Agreement Page 10 of 12 City of National City and Revised May 2019 Hinderliter, De Llamas Associates 408 of 550 E. Exhibits and "ce'ules. 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 Rihts. 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 awaiver 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. I. En ti r 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 Subonsultants. 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. st; uction. 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 arnendrents hereto. 111 111 Standard Agreement Page 11 of 12 City of National City and Revised May 2019 Hinderliter, De Llamas & Associates 409 of 550 IN WITNESS AATHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: aulston, City Manager APPROVED TO FORM: Angil P. Morris -Jones City Attorney By: Roerto M. Contreras Deputy City Attorney Standard Agreement HINDERLITER, DE LLAMAS ASSOCIATES, A CALIFORNIA IA CORPORATIT (Corporations - signatures of'two corporate officers required) By: (Name) (Print) (Title) By: (Name) Page 12 of 12 (Print) (Title) C ity of National c_' itv and Revised May 2019 Hinderliter, De Llamas & Associates 410 of 550 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY Brad Raulston, City Manager APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney HINDERLITER, DE LLAMAS & ASSOCIATES, A CALIFORNIA CORPORATION (Corporation ation — signatures of two corporate officers required) By: Roberto M. Contreras By: Deputy City Attorney (Name) (Name) (Print) Goo (Title) (Frint) ��r J (Title Standard Agreement Page 12 of 12 City of National City and Revised May 2019 Hinder) iter, De Llamas & Associates 411 of 550 EXHIBIT A -- SCOPE OF SERVICE 1. Business Tax Operations Management 1.1, Tax Registration Database Management — HdL will transfer the City's existing databases as they relate to business license into HdL's internal administration tools. HdL will maintain the data and provide copies of data or reports at the City's request. City will not be required to use or maintain any software in house for managing the business license registry. ..2. Renewal Processing —Send active business license accounts a renewal notice within 30 days of the renewal period end date. Accounts will receive all applicable forms necessary to complete the renewal process. 1.3. New Account Processing — HdL will process any new business license applications and complete the new account registration process in a timely fashion. 1.4. Payment Posting/Processing — HdL will process all payments for new and renewal accounts. License accounts will be updated with payment information and revenues will be remitted to the City net banking and related processing fees on no less than a monthly basis. 1.5. Business SupportCenter — HdL will provide businesses with multiple support options for registering, renewing, making payments and for general inquiries. Businesses will have access to our license specialists Monday through Friday, 8:O0am to 5:00pm Pacific, via phone, mail, e-mail, fax, and the Business Support Center On -Line. 1,6. On -Line Filing & Payment Processing — HdL will make available options for businesses to visit a website, linked to the City's website, to submit online transactions. 2. Transient Occupancy Tax Operations Management 2.1. Tax Registration Database Management — HdL will transfer the City's existing databases as they relate to TOT into HdL's internal administration tools. HdL will maintain the data and provide reports to the City as needed. 2.2. Return Processing— HdL will process TOT filings within 5 days of submission. Lodging providers will receive all applicable forms necessary to complete the filing process. 2.3. New Account Processing — HdL will process any new TOT registrations for lodging establishments that change hand or newly offered properties. 2.4, Payment Posting / Processing — HdL will process all payments made for near and existing lodging providers. Accounts will be updated with payment information and revenues will be remitted to the City net HdL's fees on no less than a monthly basis. 2.5. Customer Support Center — HdL will provide lodging providers with multiple support options for registering, filing returns, making payments and for general inquiries. Lodging providers will be able to access one of our tax specialists Monday -Friday 8:OOar to 5:OOpm Pacific via phone, email, fax, and the online support center. 2.6. On -Line Filing & Payment Processing— HdL will provide a website for lodging providers to make payments online. 2.7. Annual Reporting In addition to standard monthly reports, HdL will provide the City with annual analysis reports designed to provide key insights on the lodging provider community and reporting details for each lodging provider. EXHIBIT B - COMPENSATION Business Tax and Transient Occupancy Tax Operations Management Services HdL's compensation for performing Operations Management Services is a fee of $49,500.00 for twelve months of service. Payment Fees for service will be invoiced against collected revenue. Page 1 of 2 412 of 550 EXHIBIT C GENERAL TERMS AND CONDITIONS 1, OWNERSHIP OF MATERIALS, CONFIDENTIALITY. 1.1. Software License. if access to any HdL software systems are provided to City as part of this Agreement, HdL hereby provides a license to the City to use HdL's software while the associated service is ineffect through this Agreement. The software shall only be used by the City. The City shall not sublet, duplicate, modify, decornpile, reverse engineer, disassemble, or attempt to derive the source code of said software. The license granted hereunder shall not imply ownership by City of said software, rights of the City to sell said software, or rights to use said software for the benefits of others. This license is not transferable. City shall not create any derivative work or product based on or derived from the Software or documentation, or modify the Software or documentation without the prior written consent of HdL. In the event of a breach of this provision (And without limiting HdL's remedies), said modification, derivative work or product based on the Software or documerntation is hereby deemed assigned to HidL. Upon termination, the software license shall expire, all copies of the software shall be removed from the City's computers and network and all digital copies deleted or otherwise destroyed. 1. , Agency Data, HdL acknowledges that the data provided by the City ("Agency Data'') during the course of this Agreement is the property of the City. City authorizes HdL to access, import, process and generate reports frorn the Agency Data with its various proprietary systems. No confidential or otherwise sensitive information will be released by HdL. If appropriate, at the termination of this Agreement the Agency Data will be made available to the City in a format acceptable to both the City and HdL. 1.3. Consultant Proprietary Information. As used herein, the term "proprietary information" means any information which relates to Consultant's software systems, audit processes or related services, techniques, or general business processes. City shall hold in confidence and shall not disclose to any other party any Consultant proprietary information in connection with this Agreement, or otherwise learned or obtained from the Consultant in connection with this Agreement. The obligations imposed by this Paragraph shall survive any expiration or termination of this Agreement. The terms of this section shall not apply to any information that is public information. City is subject to the Public Records Act and this Section 1.3 is not intended to impede or impair City's requirements or obligations under that Act. If City receives a request for a copy of any information or documentation which Consultant has indicated, by written notice to City, that Consultant considers confidential and proprietary, City shall notify Consultant so that Consultant may, at Consultant's sole cost and expense, seek relief from compliance with such request. 2. OPTIONAL SERVICES. Optional services beyond the scope of this Agreement are available at HdL's hourly rates in effect at the time service is requested. HdL will provide City a Statement of work specifying the scope, timeline, and cost for the requested service. Depending on the personnel assigned to perform the work, HdL's standard hourly rates range between $195.00 and $ 25.00 per hour. MISCELLANEOUS EXPENSES. HdL will notify the City of any miscellaneous expenses and request authorization to proceed. HdL will not be reimbursed for any miscellaneous expenses unless authorized by the City, and in no event shall exceed $500. Miscellaneous expenses may include travel, lodging and meal expenses, and other expenses which are above and beyond the ordinary expenses associated with performance of this Agreement. PRICING ADJUSTMENTS. All pricing listed in this Agreement will be honored during initial implementation of the services. Any additional/optional services needed after services are active will be provided using the pricing currently established at the time the service is requested. 5. LICENSE, PERMITS, FEES AND ASSESSMENTS. HdL shall obtain such licenses, permits and approvals (collectively the "Permits") as may be required by law for the performance of the services required by this Agreement. City shall assist HdL in obtaining such Permits, and City shall absorb all fees, assessments and taxes which are necessary for any Permits required to be issued by City. if City requires payment for such Permits, the associated costs will be included with the next invoice. b. COOPERATIVE AGREEMENT. It is intended that any other public agency (e.g. city, county, district, public authority, public agency, municipality, or other political subdivision of California) located in the State of California shall have an option to procure identical services as set forth in this Agreement. CITE( shall incur no responsibility, financial or otherwise, in connection with orders for services issued by another public agency. The participating public agency shall accept responsibility for securing services or making payments to the vendor. Page 2 of 413 of 550 Amendment to Agreement for HdL i%rviaes National +ty, CA August 25, 2021 AM BVDM ENT TO AGFEEN1 SIT BETWEEN THE my OF NATIONAL MY AND HI NDBI.J TER DE LLAMAS &ASDaATES This First Amendment to the Agreement between the City Of National aty and Hinderliter De Llamas & Associates for Tax and Fee Admi ni strat ion &rvices is made and entered into as of the rt1 day ptember tember 2021 ("Amendment Date"), by and between the City of National City, a municipal corporation, hereinafter referred to as City, and Hinderliter De Llamas & Associates, a California corporation, hereinafter referred to as HdL W-IEFFAS HdL and aty entered into that certain Agreement for Tax and Fee Administration and related services dated December 19th, 2019 ("Original Agreement"); and 1M-IAS HdL and City now desire to amend the "Original Agreement" to extend the term and add compliance services and provide for the compensation there -of. THEREFORE,it is agreed by aty and HdL as folcows: 1. APE OF ` ' C ES Exhibit A detailing the specific services to be performed by HdL is hereby amended and restated in its entirety with Exhibit A attached to thisAmendment. COM PB JSAZ1 ON Exhibit B detailing the compensation for services is hereby amended and restated in its entirety with Exhibit B attached to this Amendment. 3. TERM OF AM BVDM ENT The term for this First Amendment shall commence on January 1st, 2020 and continue year to year unless terminated earlier by either party pursuant to the Original Agreement's termination provisions. 4. NOTICE Ail notices required by this Amendment shall be given to the City and to HdL in writing, by personal delivery or first -lass mail postage prepaid, addressed asfollows: City HdL Administrative S rvices Director City of National City 1243 National City Boulevard National City, California 91950-4397 Attn: Contracts HdL Companies 120 S Sate College Bvd Suite 200 Brea, California 92821 5. PRDSr COORDINATION AND SUPERVI SI Ohl The designated R-oject Coordinator for the OTYshall be the Administrative S rvioes Director, or in their absence, the Acting Administrative S rvioes Director. This amends Section 4 of the "Original Agreement" dated December 19th, 2019. 1 414 of 550 Amendment to Agreement for FldL Sir vi ces National City, CA August 25, 2021 RJLL FORC AND EFFECT Except as modified pursuant to this amendment, all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESSWHBDF, the parties hereto have caused this Amendment to be executed on the date first above written by their respective officers duly authorized in that behalf. CIIYOF NAT1ONALC TY, CA Hinderliter, De Llamas & Associates, a California Corporation By: BY: Name: Name: Robert Gray Title: Title: cIo By: Name: GarfLott Title: COO APPROVED AS To FORM Gabriela M. Torres, Deputy Oty Attorney 2 415 of 550 Amendment to Agreement for HdL ,%rvices National City, CA August 25, 2021 EXI-IITA SCOPE OF SBA c HdLwill provide the following Si�rvices: I. Business License Tax operations Management Services 1.1. Establish and maintain database of City businesses. 1.2. Receive and process applications, renewals, and payments in a timely fashion. 1.3. Send renewal notices to active busi nesses wit hi n 30 days of the renewal period end date or at another interval specified by City. 1.4. Provide businesses multiple options for submitting applications, renewals, payments, or support requests (including via website, email, mail, phone, and fax. HdL license specialists will be available for live interactions Monday through Friday, 8:00am to 5:00pm Pacific). 1.5. Remit revenue to aty no less than monthly. 1.6. Provide City staff access to website portal offering business registry inquiry, reporting, and electronic department approval capabilities. 2. Compliance Services:1) Identify and register businesses which are subject to licensure or taxation, 2) collect known debt as pertains to business license or tax, and 3) identify under -reported tax liability. 2.1. Discovery Services 2.1.1. oevelop a list of businesses subject to City l i censure or taxation, 2.1.2.Notify non -compliant businesses of their optionsto comply or dispute their non -compliant status. Notification and support to businesses will be facilitated through the website, mail, email, phone, and fax. 2.1.3.Review information and forms submitted by the business for completion and accuracy, inclusive of any additional required documentation (i.e., home occupation permit). All submissions are filed and stored electronically and made available to City upon request. 2.1.4.Provide businesses with detailed invoicing and optionsto pay via website, mail, and phone. 2.1.5. Femit revenue to City no less than monthly, along with all business applications and any additional documentation. 2.2. Collection Services 2.2.1.1dentify businesses subject to City licensure or taxation which have known debt to City and have failed to pay within an appropriate time frame. 2.2.2.Notify businesses of their optionsto comply or disputetheir non -compliant status. 2.2.3. Provide businesseswith detailed invoidng and optionsto pay via webdte, mail, and phone. 2.2.4. Femit revenue to City no less than monthly. 2.3. Audit Services 2.3.1, Identify potential under -reporting andf or misdassified businesses. 2.3.2.Audit businesses mutually agreed to by City and HdLthat are identified as potential under- reporting businesses. 2.3.3.Sbmit audit summaries to City and discuss further actions. 2.3.4,Educate businesses on proper reporting practices. 2.3.5.Invoice and collect identified delinquencies. 3, Transient occupancy Tax operations Management Services 3.1. Establish and maintain database of aty lodging providers. 3.2. Receive and process registrations, tax returns and payments in a timely fashion. 3 416 of 550 Amendment to Agreement for HdL Sarvio s National City, CA August 25, 2021 3.3. Provide lodging providers multiple options for submitting registrations, tax returns, payments, or support requests and uding via website, email, mail, phone, and fax. HdLtax specialistswill be available for live interactions Monday through Friday, 8:ooam to 5:00pm Padfic). 3.4. Remit revenue to City no lessthan monthly. 3.5. Provide City staff acoessto webdte portal offering lodging provider registry inquiry and reporting capabilities. 3.6. Endeavor to ensure accurate filings of returns by consistently monitoring returns, providing compliance audits, and educating lodging providers as mutually agreed to by City and HdL 3.7. Provide analysis reports monthly and annually provide revenue trends and key insights on City lodging providers. 4 417 of 550 Amendment to Agreement for HdL Services National City, C4 August 25, 2021 EXH1BTB FEES 4. mess Liven a Tax operations Management Services 4.1. Fees for performing operations management &rvices shall be $13.50 for each processed account, which is any account for which an application or renewal/return was processed, or active account which was sent a renewal notice. 42. Beginning January 1st, 2023 Fees will be increased as of January 1st of each calendar year with reference to the 12-month percent change in the most recently published annual Consumer Rice Index for Ail Urban Consumers (�I-U), West !Region, as reported by the U.S Bureau of Labor Statistics (the "CPI Change"). Each annual increase in the Feeswill be equal to the greater of two percent (2%) or the actual CPI Change and the lesser of ten percent (10%) or the actual CPI Change. For example, if the actual CPI Change is 1.5%, then the annual increase will be 2% if the actual CPI Change is 3.5%, then the annual increase will be 3.5%, and if the actual CPI Change is 12%, then the annual increase will be 10% 4.3. Fees related to travel and lodging expenses are billed at cost and apply to all meetings (including implementation, training, operations, and support). Travel expenses only apply to out -of -scope travel and must therefore be pre -approved by City. 4.4. Fees will be invoiced monthly to City for Services performed during the prior month. Feeswill be netted out of City's monthly revenue disbursement. City will submit payment for any balance due to HdLwithin 30 days of receiving the invoice. 5. Oomplianve Services 5.1. Fees for performing compliance Services apply to all monies received for the current tax/license period and any other prior period collected (including monies received for taxes, penalties, interest, and fees). Fees do not apply to payments for future periods. 5.1.1.Fees for performing discovery Services shall be a contingency Fee of 35% of the revenues received as a result of t h e S rvi ces. 5.1.2. I n the event that City discovers a non -compliant business and reports the business to HdL (including a calculation of all taxeslfees due), HdLwill categorize the business as a collection service effort and thus apply the lower collection &rvicescontingency Fee rate. 5.1.3.Fees for performing collection cervices shall be a contingency Fee of 25% of the revenues received as a result of t h e S rvi ces. 5.1.4.Fees for performing audit Services shall be a contingency Fee of 35% of the revenues received as a result of t h e S rvices. 5.2. HdL recognizes City's authority to waive or reduce the tax/fee debt of a business. thould City decide to do so for a business whose deficiency was identified by HdL, HdL shall be entitled to compensation in the amount of one half (112) of the Fees HdLwould have otherwise earned. Deficiencies which are uncollectable due to insolvency or dissolution of the business, or for deficiencies which are otherwise incapable of collection (i.e., statute of limitation or other legal defense) shall not be considered a City voluntary election to waive, and thus, HdLwould not be entitled to compensation related thereto under this provision. 5.3. Fees related to travel and lodging expenses are billed at cost and applied to all meetings (including implementation, training, operations, and support). Travel expenses only applyto out - of -scope travel and must therefore be pre -approved by City. 5 418 of 550 Amendment to Agreement for HdL S rvics National Oty, C4 August 25, 2021 5.4. Feeswill be invoiced monthly to City for Services performed during the prior month. Feeswill be netted out of Oty's monthly revenue disbursement. City will submit payment for any balance due to HdLwithin 30 days of receiving the invoice. 6. Transient occupancy Tax operations Management Services 6.1. Fees for performing operations management Services shall be $650.00 per year for each quarterly filing property, and $750.O0 per year for each monthly filing property. 6.2. Beginning January 1st, 2023 Fees will be increased as of January 1st of each calendar year with reference to the 12-month percent change in the most recently published annual Consumer Price Index for All Urban Consumers (�I-U), West Region, as reported by the U.S Bureau of Labor Ratistics(the "CPI Change"). Each annual increase in the twill be equal to the greater of two percent (2%) or the actual CPI change and the lesser of ten percent (10%) or the actual CPI Change. For example, if the actual CPI Change is 1.5%, then the annual increase will be 2% if the actual CPl Change is 3.5°/g then the annual increase will be 3.5°/g and if the actual CPI Change is 12°/g then the annual increase will be 1 O / 6.3. Fees related to travel and lodging expenses are billed at cost and apply to all meetings (including implementation, training, operations, and support). 6.4. Fees will be invoiced monthly to Oty for Services performed during the prior month. Fees will be netted out of City's monthly revenue disbursement. City will submit payment for any balance due to HdLwithin 30 days of receiving the invoice. 6 419 of 550 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 7, 2021 AGENDA ITEM NO.: ITEM TITLE: Resolution of the City Council of the City of National City 1) authorizing the Mayor to execute the First Amendment to the Agreement by and between the City of National City and Hinderliter De Llamas & Associates for tax and fee administrative services, extending the Agreement to December 31, 2021, with the option to extend year to year thereafter, and adding compliance services; 2) authorizing a General Fund appropriation of $67,000 and corresponding revenue budget for the contracted services. PREPARED BY: Molly Brennan, Administrative Services Director DEPARTMENT: Finance PHONE: 619-336-4265 EXPLANATION: See attached. APPROVED BY: FINANCIAL STATEMENT: APPROVED: FINANCE APPROVED: MIS Based on the number of business licenses and historical transient occupancy tax revenue for fiscal year 2021, the estimated annual base cost is $67,000 for fiscal year 2022, with any compliance service costs offset by increased revenue collections. Budgeted expenditures (001-404-045-213-0000) and revenue (001-00000-3040) will grow by approximately $67,000, with no impact on the General Fund bottom line. 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 First Amendment to the Agreement by and between the City of National City and Hinderliter De Llamas & Associates for tax and fee administrative services, extending the Agreement to December 31, 2021, with the option to extend year to year thereafter, and adding compliance services. Authorize the establishment of a General Fund appropriation of $67,000 and corresponding revenue budget for the contracted services. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Staff Report 2. Hinderliter De Llamas & Associates (HdL) Amendment 3. Hinderliter De Llamas & Associates (HdL) Agreement 4. Resolution 42U OT b50 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City waiving the formal bid process pursuant to National City Municipal Code Section 2.60.222 regarding open market procedure and authorizing the purchase and build -out of one (1) R 1250 RT-P Motorcycle in an amount not -to -exceed $34,995.15 from sole source vendor BMW of Escondido. (Engineering/Public Works) Please scroll down to view the backup material. 421 of 550 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 7, 2021 AGENDA ITEM NO.: ITEM TITLE: Resolution of the City Council of the City of National City, waiving the formal bid process pursuant to National City Municipal Code Section 2.60.222 regarding open market procedure and authorizing the purchase and build -out of one (1) R 1250 RT-P Motorcycle in an amount not -to -exceed $34,995.15 from sole source vendor BMW of Escondido. PREPARED BY: Tirza Gonzales, Management Analyst 11 EPARTMENT: Enginelic Works PHONE: 619-336-4318 APPROVED BY: EXPLANATION: See staff report. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: 644-411-000-511-0000 (Automotive Equipment) $34,995.15. FINANCE MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION STAFF RECOMMENDATION: Adopt the resolution awarding the purchase and build -out of one (1) R 120 RT-P Motorcycle for the National City Police Department. BOARD I COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Explanation 2. Quote 3. Sole Source Letter 4. Resolution 422 of 550 Explanation: A National City Police Department Patrol Motorcycle in service for over ten years has exceeded its useful and optimum life cycle of seven years and is scheduled to be replaced. Staff requests approval for the purchase of one (1) R 1250 RT-P Motorcycle. As allowed by National City Municipal Code Section 2.60.220 (B) - Open market procedure --Exception to bidding requirements, there is an opportunity to purchase from sole source vendor BMW Motorcycles of Escondido to allow for the purchase. NCMC Section 2.60.220 - Open market procedure- Exception to bidding requirements: provides authority for sole source procurements be used when there is only one source from which a particular commodity is available and there is no adequate substitute. For this purchase, BMW Motorcycle of Escondido has provided documentation of a sole source vendor (see attached Exhibit). Therefore, staff requests that City Council authorize the purchase of (1) R 1250 RT-P Motorcycle to BMW Motorcycles of Escondido in an amount not -to -exceed $34,995.15, consistent with National City Municipal bode Section 2.60.220 (B) -Open market procedure —Exception to bidding requirements. The funding to purchase this motorcycle was approved by City Council through adoption of the FY22 annual budget. 423 of 550 EXHIBIT A R 1250 RT-P Motor Pricing Form Option Code Night Black & Alpine White III 753 0 Night Black 716 0 Alpine White ID (special order) 751 0 Black Blue (special order +60 days) 754 0 Saphir Blue (special order + 60 days) 755 0 Violet Blue (specialorder +60 days) 756 0 Glacier Silver Metallic (special order) N99 Quotation: NATIONAL CITY Option Code Revised: 8-17-2021. Motorccle Retail Price $21,250.00 Factory Special -Order Options Plan 0-120 Days for Delivery 0 Adaptive Headlight (includes 219) 134 $550.00 0 Keyless Ride wftwo transrnitters 193 $400.00 0 Gear Shift Assist Pro 222 $450.00 0 Ride Modes Pro (includes 18B) 224 $220.00 0 Chrome Exhaust 350 $150.00 0 Additional LED Headlights (driving lights) 562 $450.00 0 PA Microphone 599 $565,00 0 High Seat Black 610 $0.00 0 Low Seat Black 776 $0.00 0 Enhanced Smart Phone Connectivity 6NS $250.00 The Options Below denote Standard Order Deck - Removal is only by Special Order - Option Delete 1 Heated Seat 518 I Tire Pressure Monitoring 530 I Cruise Control (standard feature) 538 I 'Weather Protection 649 Additional Labor Operations Provided by Dealer Units 1 Quotation valid for 60 days from date noted below. Date of Quote:-17-21 $0.00 $0.00 $0.00 $0,00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $200,00 $200.00 $200,00 $200.00 $0.00 $0.00 $185.00 $185.00 PAINT SIDE PANELS BLACK $350.00 EXHAUST SYSTEM REQUIREMENTS $2,834.28 P+'P UNIT $1,056.00 RADIO INSTALLATION $220.00 GUN RACK WITH SECURITY FEATURES $850.00 CLEARWATER LIGHTS (DAR'LA) $632.00 $0.00 $0.00 BMW MOTORCYCLES OF ESCONDIDO $0.00 ATTN: CJ $0.00 760-520-1288 $0.00 Total Price - Page 1 Total Price Page 2 Total Price * Page Parts From Other Suppliers - Page 4 $0.00 $0.00 $0.00 $277777.28 $2,726.69 $0.00 $ 300.47 Dealer Basic Assembly / Preparation Motorcycle Freight Total Retail Price per Unit with Options 8.75% State Sales Tax (if applicable) Total Retail Price per Unit with Options $880.00 $495.00 02,179.44 $2, 815.70 $340995,15 Note: Prices subject to change without notice. Final price is always determined by the selling authorized BMW Motorcycle dealer. 424 of 550 R 1250 RT-P Motor Pricing Form - Page 2 See Special Notation Comment Quotation for: NATIONAL CITY Blue ID Light Selection (1) 1 Standard Blue Pod -Mounted ID Lights - SID 0 Round Blue License Plate ID Lights - RID Per Emergency Warning Lights (10) 5 Red LED-X Light 5 Blue LED-X Light 0 Amber LED-X Light White LED-X Light 0 Green LED-X Light Rear Duplex Emergency Warning Light (1) 0 Duplex LED-X Red / Red 0 Duplex LED-X Blue / Blue 1 Duplex LED--. Red / Blue 0 Duplex LED-X Blue / Amber 0 Duplex LED-X Green / Green 0 Duplex LED-X Amber / Amber 63172361717 71 60 2 452 897 BMW PIN 63172361718 63172361719 63 17 2 361 720 63172361721 6317 2450782 63 17 2 361 728 63 17 2 361 729 63 17 2 361 730 63 17 2 361 731 63172450783 63 17 2 450 784 Take -Down (4) Alley (2) TS (2) BT (2) Saddlebag Light (I) Red ID (1) 6 White Torus LED TDL/Alley 63 17 2 361 722 2 Auxiliary LED Turn Signals 63 17 2 361 725 2 Auxiliary LED BraleiTail Light 63 17 2 361 726 1 Saddlebag LED Lights w/sensor switch 63 17 2 361 727 0 Red ID Lights (replacing blue ID lights) 63 17 2 361 724 0 Round Blue License Plate ID Light Kit 71 60 2 452 876 Dealer Installed Options ! Retrofits 0 Shift Assistant Pro (hardware) 0 Shift Assistant Pro - Enabling Code 1 Ride Modes Pro - Enabling Code 1 Also Requires DTC Enabling Code 0 LED Auxiliary Headlights Nano (order 2) 0 Bolt 6 x 40 (order 2) 0 M6 Hex Nut (order 2) Requires Activation by Dealer - No Code Needed Convenience Options 0 Extra Ignition Key - No Keyless Ride 0 Extra Ignition Key - Keyless Fob Transmitter 0 Heated Seat - Low 0 Heated Seat - High 0 Tire Pressure Gauge 1 BMW Motorrad Battery Charger (2.5 Ah) 0 DVD Repair Manuals R Models K5x 0 Motorcycle Full Cover 23 41 8 536 884 77 15 8 395 839 77 53 8 395 840 77538395841 63 17 8 556 937 63 12 7 699 141 07 12 9 905 826 51 25 8 540 950 66 12 8 555 168 52 53 8 544 786 52 53 8 544 792 82 12 0 140E 377 77 02 2 470 951 01598405651 71 60 2 450 408 Carder # 5 5 ;Tip Aryf tot, $0.00 $0.00 Retail $108.36 $108.36 0 $108.36 0 $117.09 0 $117.09 0 $345.88 0 $378.25 1 $362.07 0 $362.07 0 $362.07 0 $362.07 6 $7691 2 $72.82 2 $56.64 1 $143.61 0 $107.33 0 $130,59 0 $677,2.2 0 $40.54 1 $202.89 1 $52.71 0 $154.00 0 $5.35 0 $3.06 0 $91.60 0 $320.66 0 $529.58 0 $529.58 0 $32.12 1 $161.41 0 $91.55 0 $136,88 BMW Molorrad Note: Prices subject to change without notice. Always verify accuracy of part pricing before submitting quotations. Final price is always determined by the selling authorized BMW Motorcycle dealer. $0.00 $0.00 Total Retail $541.82 $541.82 $0.00 $0.00 $0.00 $0.00 $0.00 $362.07 $0.00 $0.00 $0.00 $461.44 $145.65 $113.27 $143.61 $0.00 $0.00 $0.00 $0.00 $202.89 $52.71 $0.00 $0 00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $161.41 $0.00 $0.00 425 of 550 R 1250 RT-P Motor Pricing Form -Page 3 Quotation for: NATIONAL CITY Additional Accessories Qty Item Description Per Additional Accessories Storage Options 0 Saddlebag Liners (each) 0 Tank Top Bag Engine Protection 6 Rocker Cover Protection 0 Sump / Engine Protection Guard (order 1) 6 Fillister Head Screws Mee x 20 (order 5) Q Grommet (order 5) 6 Bushing (order 5) 6 Bracket front (order 1) 0 Bracket Rear (order 1) 0 -Clip Nut M6 (have been included w/brackets) 6 Fillister Head Screws M8 x 25 (order 5) Note: Prices subject to change without notice.. BMW P/N 71607704109 77458543227 Order # 0 0 77 14 8 406 187 0 11 84 8 532 939 0 07 12 9 908 076 0 13 53 1 341 283 0 11848544832 0 11848532937 0 11 84 8 532 940 0 07147693887 0 07129907382 0 Retail $123.46 $291.18 $225.18 $120.22 $3.15 $2.58 $5.06 $53.87 $67.34 $2.58 $1.58 Page 3 BMW Motord Always verify accuracy of part pricing before submitting quotations. Final price is always determined by the selling authorized BMW Motorcycle dealer. Total Retail $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 426 of 550 Additional Accessories From Other Suppliers - Page 4 Qty Description 0 NOTE PAD HOLDER 0 POLICE SIDE STAND EXTENSION 0 LED MAP LIGHT 0 FLASH LIGHT BATON HOLDER (SCMW) 0 STANDARD AR GUN RACK (SCMW) 1 RADIO SPEAKER PLUG 1 RADIO QUICK MOUNT PLATE 1 8 ACCESSORY PLUGS 0 FRONT 12V POWER OUTLET 0 FRONT USB POWER OUTLET 0 FUSED FRONT PO\NER SOCKET HARNESS 0 PVP UNIT 0 ENGINE SKID PLATE (SCMW) 0 LIDAR HOLDER PRO LASER IV 1 RADIO POWER PLUG CONNECTOR 1 RADIO "Yll HARNESS 1 SIDE BAG MOUNTED TICKET BOOK HOLDER PN Price Each Total Price $ $ $ $ $ 10.00 $ 10.00 $ 26.47 $ 26.47 $ 10.00 $ 10.00 $ $ $ $ $ $ 10.00 $ 10.00 $ 36.00 $ 36,0C1 $ 208.00 $ 208.00 427 of 550 Chris Johns 760-520-1288 BMW Motorcycles of Escondido Aug 24, 2021 Management Analyst 11 City of National City Engineering and Public Works Department 1243 National City Blvd. National City, CA 91950 Re: Sole Source letter for BMW 11Ti�' • �'Ie Motorcycles in San Diego County Dear: Madam Sir This Letter is to notify youthat theitemthat . ise proprietaryh.� 1,�� lrste r the ttehed ��t item built by BMW Motorcycles of Esc ondido. The Gun Rack AR15 design is not available on the market and is the sole property Dynamics. We ,� design.� Motorcycle are the sole source for the product and. availablewould be happytomakethisitem to your Police Department for purchase. If you have any questions or concerns in reference to the sole source of this product, feel free to onta t Chris i Johns at the above listed number. We thank you for your consideration ofour products. Respectfully submitted, 00-27 Chris Johns 428 of 550 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the installation of 80 feet of "No Parking for vehicles over 6 feet high" signage and 10 feet of red curb "No Parking" on the north side of E. 16th Street, west of "K" Avenue, to improve visibility at the intersection. (TSC No. 2021 - 15). (Engineering/Public Works) Please scroll down to view the backup material. 429 of 550 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 7, 2021 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the installation of 80 feet of "No Parking for vehicles over 6 feet high" signage and 10 feet of red curb `No Parking" on the north side of E. 16th Street, west of "K" Avenue, to improve visibility at the intersection. (TSC No. 0 1-1 .. EREPARED BYBY: Luca Zappieiio, Assistant Engineer — Civii DEPARTMENT: Engring/Public Works PHONE: 1 - 6-43 0 APPROVED BY: EXPLANATION: See attached.. FINANCIAL STATEMENT: ACCOUNT NO. N/A APPROVED: APPROVED: ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Finance MIS Adopt a Resolution authorizing installation of 80 feet of "No Parking for vehicles over 6 feet high" signage and 10 feet of red curb "No Parking" on the north side of E. 16th Street, west of " " Avenue, to improve visibility at the intersection. BOARD 1 COMMISSION RECOMMENDATION: At their meeting on July 14, 2021, the Traffic Safety Committee approved staffs recommendation to install 80 feet of "No Parking for vehicles over 6 feet high" signage and 10 feet of red curb "No Parking" on the north side of E. 16th Street, west of "K Avenue, to improve visibility at the intersection. ATTACHMENTS: 1. Explanation wi Exhibit 2. Staff Report to the Traffic Safety Committee on Jul ► 14, 2021 (TSC o . 2021-15) 3. Resolution 430 of 550 EXPLANATION An area resident expressed concerns at the intersection of E. l6th Street and "K" Avenue and requested to improve visibility and enhance safety for the vehicles exiting from "K" Avenue onto E. l6th Street. Staff performed a site evaluation. E. l6th Street is currently a 2-lane collector roadway and has available parking on both sides of the street and a speed limit of 30 mph. "K" Avenue is a 2-lane residential street and has available parking on both sides of the street and a speed limit of 25 mph. The intersection between E. 16th Street and "K" Avenue is currently stop controlled for southbound traffic on `tK" Avenue. Staff confirmed that E. 1 eth Street has a 4% slope at the intersection with "K" Avenue. Currently, there are 50 feet of red curb "No Parking" on the north side of E. 1 th Street, east of "K" Avenue, and there are 10 feet of red curb "No Parking" on the north side of E. 1 th Street, west of "K" Avenue. Staff confirmed that when a large vehicle parks to the west corner of E. 1 6th Street and "K" Avenue, visibility for the vehicles that are exiting "K" Avenue onto E. 16th Street is partially obstructed. For this reason, in accordance with Section 22507 of the Vehicle Code (see attachment), staff recommends nds the installation of 80 feet of "No Parking iri Vehicles Over 6' High" signs on the north side of E. l6th Street, west of "K" Avenue, in order to prohibit parking for large vehicles with heights of six feet or more (RV, van, SUV, eta.) during all day, in order to improve the visibility and enhance safety at this intersection. In addition, staff recommends the extension of the existing 10 feet of red curb "No Parking" on the north side of E. l6th Street, west of "K" Avenue, for an additional 10 feet, for a total of 20 feet of red curb "No Parking". These measures are necessary due to visibility issues and also due to the high speed limit on E. 1 th Street. Staff also reviewed the traffic collision history for this location, which confirmed there was no "reported" traffic collision within the past four years at this intersection. This item was presented to the Traffic Safety Committee on July 14, 2021. Public notices were sent to area residents inviting them to attend the meeting via Zoom -in or call -in to the Traffic Safety Committee Meeting and/or contact staff with any questions. There were no members of the community presentto speak on the item. Based on the staff report, the Traffic Safety Committee unanimously approved staff's recommendation to the following traffic safety enhancements: 1. Installation of 80 feet of "No Parking for vehicles over 6 feet high" since on the north side of E. 1 th Street, west of "K" Avenue; 2. Extension of the existing 10 feet of red curb "No Parking" on the north side of E. '16th Street, west of "K" Avenue, for an additional 10 feet for a total of 20 feet. If approved by City Council, all work will be performed by City Public Works. 431 of 550 Location Map with Proposed Enhancements (TSC Item: 2021-15) 28D (CPO • 80' of proposed "No Parking Vehicles over 6' high" signage 1037 E. 16th Street PARKING VEHICLES OVER 6 HIGH 11280 (CA) 10' of existing red curb "No Parking" ' of existing red curb "No Parking" 099 10 zsj7 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR JULY 14, 2021 ITEM TITLE: PREPARED ED BY: 2 REQUEST TO INSTALL 80 FEET OF "NO PARKING FOR VEHICLES OVER FEET HIGH" SIGNAGE AND 10 FEET OF RED CURB "NO PARKING" ON THE NORTH SIDE OF E. 16TH STREET VEST OF "K" AVENUE TO IMPROVE VISIBILITY AT THE INTERSECTION. Luca Zappiello, Assistant Engineer - Civil Engineering & Public Works Department DISCUSSION: N: An area resident expressed concerns at the intersection of E. 16th Street and `{I" Avenue, and requested to improve visibility and enhance safety for the vehicles exiting from "K" Avenue onto E. 1 eth Street. Staff performed a site evaluation. E. 16th Street is currently a 2-lane collector roadway and has available parking on both sides of the street and a speed limit of 30 mph. "" Avenue is a 2-lane residential street and has available parking on both sides of the street and a speed limit of 25 mph. The intersection between E. 1 t" Street and "K" Avenue are currently stop controlled for southbound traffic on "K" Avenue. Staff' confirmed that E. 1 th Street has a 4% slope at the intersection with "K" Avenue. Currently, there are 50 feet of red curb 'No Parking" on the north side of E. 16th Street, east of "K" Avenue and there are 10 feet of red curb "No Parking" on the north side of E. 16th Street, west of "K" Avenue. Staff confirmed that when a large vehicle parks to the west corner of E. 1 try Street and "K" Avenue, visibility for the vehicles that are exiting "K" Avenue onto E. 16th Street is partially obstructed. For this reason, in accordance with Section 22507 of the Vehicle Code (see attachment), staff recommends the installation of 80 feet of "No Parking Vehicles Over 6' High" signs on the north side of E. 16th Street, west of "K" Avenue in order to prohibit parking for large vehicles with heights of six feet or more (RV, van, SUV, etc.) during all day, in order to improve the visibility and enhance safety at this intersection. In addition, staff recommends the extension of the existing 10 feet of red curb "No Parking" on the north side of E. 16th Street, west of "K" Avenue for an additional 10 feet, for a total of 20 feet of red curb "No Parking". These measures are necessary due to visibility issues based on the 4% slope on E. 16th Street at the intersection and also due to the high speed limit on E. 16th Street. Staff also reviewed the traffic collision history for this location, which confirmed there was no "reported" traffic collision within the past four years at this intersection. STAFF RECOMMENDATION: DATION Based on evaluation of existing conditions, staff recommends the following safety enhancements: 1. Installation of 80 feet of "No Parking for vehicles over 6 feet high" signage on the north side of E. 16th Street, west of "K" Avenue; 433 of 550 . Extension of the existing 10 feet of red curb "No Parking" " on the north side of E. 16th Street, west of " " Avenue for an additional 10 feet for a total of 20 feet. EXHIBITS: 1. Public Request . Public Notice 3. Location Map . Photos . Vehicle Code Section 22507 2021-15 434 of 550 SEECLICKFIX ID PRIORITY 8860428 Normal REQUEST TYPE Traffic (Signal or Street Signs) ADDRESS 1037 E 16th St National City 91950, United States ASSIGNEE SLA EXPIRES REPORTED Engineering SECONDARY QUESTIONS Where is the problem located? 16th And K Ave Please provide a brief description of the problem Need a red curb due to increased traffic Please describe the signal or sign Red Curb Needed In case the City needs additional information to resolve this issue, please provide your preferred method of communication (email or phone number). This will be kept private. SUMMARY & DESCRIPTION Traffic (Signal or Street Signs) Need a Red Curb. Vehicles parked at the curb are a sight obstructions. A sight obstruction at an intersection exists at the curb near the intersection is continuously occupied by a parked vehicle for a significant portion of the day, or when large vehicles (trucks, RVs, buses, vans, SUVs) are often parked at the corner. Under such circumstances, when parking activity constitutes a sight obstruction and a red curb is needed. Reported by: Bev 11 /03/2020 - 06:11 PM TIMESTAMP INTERNAL COMMENT 11/03/2020 06:11 PM 11/03/2020 - 06:11 PM LOCATION Weimar! Supercenter al Hometown AYCE Earazaews q♦ Marketplace f •,lfi co.N`+` 99 Cents Only Stores 9 s E'xns ©Kimball Park v.,sos+ ♦ Etgt�n A i ttl`n5 th St F w E'-W.Sti Tacos El G MEDIA City of National City assigned this issue to Engineering • Map data •€Z020 COMMENTER City of National City 11/03/2020 Another person wants this fixed! Margaret 06:56PM 11/04/2020 Thanks for reporting through National City Connect. This issue will be CM SOA 07:06AM evaluated at the earliest possible time. 435 of 550 July 8, 2021 Resident/Property Owner NATI CALIFORNIA NA--` uT rAl Co R p on A' 6I3 Subject: TRAFFIC SAFETY COMMITTEE (TSC) ITEM NO. 2021-15 REQUEST T TO INSTALL 80 FEET OF "NO PARKING FOR VEHICLES OVER FEET HIGH" AND 10 FEET OF RED CURB "NO PARKING" " ON THE NORTH SIDE OF E. 1 TH STREET, WEST OF "K" AVENUE TO IMPROVE VISIBILITY AT THE INTERSECTION. Dear Sir/Madame: The City of National City would like to invite you to our next public Traffic Safety Committee Conference Call scheduled for Wednesday, July 14, 2021, at 1:00 P.M. via Zoom. Please use the following information to call -in to the meeting during the scheduled time: Join Zoom Meeting from computer https://zoom.us/j/99326289815? y9j TND OF em brr rnl p .T Tdz Join Zoom Meeting by phone +1 669-900-9128 Meeting ID: 993 8 9815 Pa code: 110368 If you have any questions, comments, and/or concerns, please contact the Engineering Department at 619-336-4 80 and reference Traffic Safety Committee Item Number 2021-15. Sincerely, Roberto Yano, P.E. City Engineer/Director of Public Works R`: I z Enclosure: Location Map 2021-15 1234 National City Boulevard, National City, CA 91950-6530 (619) 336-4380 Fax (619) 3 -4397 engineering@nationalcityca.gov 436 of 550 Location Map with Proposed Enhancements (TSC Item: 2021-15) p? FARMING VEHICLES OVER 6.` !lIGf-I 4 41 R28D (A) 80' of proposed "No Parking Vehicles over 6' high ' signage 1037 E. l th Street R280 (CA) .440 10' of proposed red curb "No Parking" 10' of existing red curb "No Parking" 50' of existing red curb "No Parking" 099 10 L0-17 Location of proposed safety enhancements on the north side of E. 16th St, west of "K" Avenue (looking west) PARKING VEHICLES OVER 6' HIGH 80' of proposed "No Parking Vehicles over 6' high" signage 10' of proposed red curb "No Parking" 10' of existing red curb "No Parking" Location of proposed safety enhancements on the north side of E. 16th St, west of "K" Avenue (looking northwest) 438 of 550 50' of existing red curb "No Parking" Location of proposed safety enhancements on the north side of E. 16th St, west of "K" Avenue (looking north) 439 of 550 7/141 0 1 Law section 044141;29, LEGISLATIVE INFORMATION Hoge Bill Information California Law Publications Other Resources My Subscriptions My Favorites Code: Select Code N. Section: 1 or 2 or 1001 ISearch UpA < Previous Next cross-reference chaptered bills PDF I Add To My Favorites Search Phrase: VEHICLE CODE - VEH DIVISION 11. RULES OF THE ROAD [21000 - 23336] (Division 11 enacted by Stats. 1959, Ch 3. ) CHAPTER 9. Stopping, Standing, and Parking [22500 - 22526] ( Chapter 9 enacted by Stets. 1959, Ch. 3. ) Highlight 22507. (a) Local authorities may, by ordinance or resolution, prohibit or restrict the stopping, parking, or standing of vehicles, including, but not limited to, vehicles that are six feet or more in height (including any load thereon) within 100 feet of any intersection, on certain streets or highways, or portions thereof, during all or certain hours of the day. The ordinance or resolution may include a designation of certain streets upon which preferential parking privileges are given to residents and merchants adjacent to the streets for their use and the use of their guests, under which the residents and merchants may be issued a permit or permits that exempt them from the prohibition or restriction of the ordinance or resolution. With the exception of alleys, the ordinance or resolution shall not apply until signs or markings giving adequate notice thereof have been placed. A local ordinance or resolution adopted pursuant to this section may contain provisions that are reasonable and necessary to ensure the effectiveness of a preferential parking program. (b) An ordinance or resolution adopted under this section may &so authorize preferential parking permits for members of organizations, professions, or other designated groups, including, but not limited to, school personnel, to park on specified streets if the local authority determines that the use of the permits will not adversely affect parking conditions for residents and merchants in the area. (Amended by Stats. 2001, Ch. 223, Sec, 1. Effective January 1, 2002.) https:/lleginfo.legislature.ca.govlfacesicodes,_displaySection.xhtml?lawCode=' EH sectionNum=22507 111 440 of 550 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the installation of red curb "No Parking" at the intersection of E. 22nd Street and "B" Avenue and the intersection of E. 22nd Street and "C" Avenue in order to improve visibility at the intersection. (TSC No. 2021-16). (Engineering/Public Works) Please scroll down to view the backup material. 441 of 550 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 7, 2021 AGENDA ITEM E NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the installation of red curb "No Parking" at the intersection of E. 22'Street & "B" Avenue and the intersection of E. 22nd Street & "C" Avenue in order to improve visibility at the intersection. (TSC No. 2021-16). PREPARED BY: Luca Zappiello, Assistant Engineer — Civil DEPARTMENT: E ,j- PHONE: - + APPROVED BY: EXPLANATION: See attached. /Public Works FINANCIAL STATEMENT: ACCOUNT NO. NIA APPROVED: APPROVED: ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION:. Finance MIS STAFF RECOMMENDATION: Adopt a Resolution authorizing installation of red curb "No Parking" at the intersection of E. 22nd Street & "B" Avenue and the intersection of E. 22nd Street & ii" Avenue in order to improve visibility at the intersection.. BOARD f COMMISSION RECOMMENDATION: At their meeting on July 14, 2021, the Traffic Safety Committee approved staffs recommendation to install red curb "No Parking" at the intersection of E. 22nd Street & "B" Avenue and the intersection of E. 22nd Street & "c" Avenue. ATTACHMENTS: 1. Explanation w/ Exhibit 2. Staff Report to the Traffic Safety committee on July 14, 2021 (TSC No. 2021-16) 3. Resolution 442 of 550 EXPLANATION An area resident has requested red curb "No Parking" at the intersection of E. 22nd Street and "B" Avenue and also E. 22nd Street and "c" Avenue to improve visibility and enhance safety for the vehicles exiting from "B" Avenue and "C" Avenue onto E. 22nd Street. Staff performed a site evaluation. E. 22nd Street, "B" Avenue, and "C" Avenue are currently 2-lane residential streets and have available parking on both sides of the streets and a speed limit of 25 mph. The intersection between E. 22nd Street and "B" Avenue and also. 22nd street and "C" Avenue are currently "Yield" controlled for southbound traffic on "B" and "C" Avenue. Staff confirmed that E. 22nd Street has a 1 o% scope at the intersection with "B" Avenue and has a 7% slope at the intersection with "C" Avenue. Currently, there is no existing red curb "No Parking" on both sides of the intersections. Staff confirmed that when vehicles are parked too close to the corners of 22nd street and "B" Avenue and also E. 22nd Street and "C" Avenue, visibility for the vehicles that are exiting "B" Avenue and "C" Avenue onto E. 22nd Street is partially obstructed. It should be noted that the on -street parking on the north side of E. 22nd Street are for residents that live in the residential parking district "A". This means that only residents that have a valid residential parking permits can park on the street. However, the on - street parking on the south side of E. 22nd Street is unrestricted parking and residents that park on -street parking do not need a residential parking permit. Staff performed a site evaluation and confirmed that in residential parking district "A", there are a total of 180 on -street parking spaces. Furthermore, staff verified that the total on -street parking permits issued for the residents living in residential parking district "Ali are 98 parking permits. Staff also reviewed the traffic collision history for this location, which confirmed there was one (1) "reported" traffic collision within the past four years at the intersection of E. 27th Street and "B" Avenue. This item was presented to the Traffic Safety Committee on July 14, 2021. Public notices were sent to area residents inviting them to attend the meeting via Zoom -in or call -in to the Traffic Safety Committee Meeting and/or contact staff with any questions. There were no members of thecommunity present to speak on the item. Based on the staff report, the Traffic Safety Committee unanimously approved staffs recommendation to the following traffic safety enhancements: 1. Install 24 feet of red curb "No Parking" on the north side of E. 22nd Street, east of "B" Avenue. This will result in the loss of one (1) on -street parking space; 2. Install 10 feet of red curb "No Parking" on the north side of E. 22nd street, west of "B" Avenue. This will result in no loss of on -street parking space; 3. Install 24 feet of red curb "No Parking" on the north side of E. 22nd Street, east of "C" Avenue. This will result in the loss of one (1) on -street parking space; 443 of 550 4. Install 10 feet of red curb "No Parking" ing' on the west side of E. 22nd Street, west of t'C" Avenue. This will result in no Ions of on -street parking space. If approved by City Council, all work will be per[ormed by City Public Works. 444 of 550 r-:ation Map with Proposed Enhancements (TSC It 2 099 10 917-17 ITEM TITLE: 3 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR JULY 14, 2021 REQUEST TO INSTALL RED CURB "NO PARKING" AT THE INTERSECTION OF_.E. ' STREET "B" AVENUE AND THE INTERSECTION OF E. 22ND STREET "C" AVENUE IN ORDER TO IMPROVE VISIBILITY AT THE INTERSECTION. I . PREPARED BY:, Luca Zappiello, Assistant Engineer civil Engineering & Public Works Department pj.sc SSIOl : An area resident has requested red curb "No Parking" at the intersection of E. 2'Street and "B" Avenue and also. E. 22nd Street and `C" Avenue to improve visibility and enhance safety for the vehicles exiting from "B" Avenue and "C" Avenue onto E. 22nd Street. • Staff performed a site evaluation. E. 22nd Street, "B" Avenue and "C" Avenue are currently 2-lane residential streets and have available parking on both sides of the streets and a speed limit of 25 mph. The intersection between E. 22nd Street and "B" Avenue and also E. 22nd Street and "C" Avenue are currently "Yield" controlled for southbound traffic on "B" and "C" Avenue. Staff confirmed that E. 22nd Street has a 1 o% slope at the intersection with "B" Avenue and has a 7% slope at the intersection with "C" Avenue. Currently, there is no existing red curb "No Parking" on both sides of the intersections. Staff confirmed that when vehicles are parked too close to the corners of 22nd Street and "B" Avenue and also E. Street and "C" Avenue, visibility for the vehicles that are exiting "1B" Avenue and "C" Avenue onto E. 22nd Street is partially obstructed. It should be noted that the on -street parking on the north side of E. 22nd Street are for residents that live in the residential parking district "AA". This means that only residents that have a valid residential parking permits can park on the street. However, the on -street parking on the south side of E. 22nd Street is unrestricted parking and residents that park on -street parking do not need a residential parking permit. Staff performed a site evaluation and confirmed that in residential parking district `A", there are a total of 180 on -street parking spaces. Furthermore, staff verified that the total on -street parking permits issued for the residents living in residential parking district "A" are 98 parking permits. Staff also reviewed the traffic collision history for this location, which confirmed there was one "reported' traffic collision within the past four years at the intersection of E. 27th Street and "B" Avenue. STAFF RECOMMENDATION Based on evaluation of existing conditions, staff recommends the following safety enhancements: 1. Install 24 feet of red curb "No Parking" on the north side of E. 22rld Street, east of "B" Avenue. This will result in the loss of one 1 on -street parking space; 446 of 550 . Install 10 feet of red curb No Parking" on the north side of B. 22' Street, west of "B" Avenue. This will result in no loss of on -street parking space; . Install 24 feet of red curb "No -Parking" n the north side of E. 22nd Street, east of "C" Avenue. This will result in the Toss of one (1) parking space; 4. Install 10 feet of red curb "No Parking" on the west side of B. 22nd Street, west of "C" Avenue. This will result in no loss of on -street parking space. As discussed in the meeting agenda, since the Toss of two (2) on -street parking spaces are within residential l parking district "A", this loss of parking is not going to impact the available on -street parking in residential parking district "A". EXHIBITS: ITS: 1. Public Request . Public Notice . Location Map 4. Photos 2021-16 447 of 550 SEECLICKFIX ID 10054115 PRIORITY Normal REQUEST -TYPE ADDRESS Sidewalk Issue 2134 B Ave National City CA 91950, United States ASSIGNEE Engineering SLA EXPIRES SECONDARY QUESTIONS What is the issue (check all that apply)? Other (please describe in description field) What is the location? East -Bound 22nd Street between B & C In case the City needs additional information to resolve this issue, please provide your preferred method of communication (email or phone number). This will be kept private. No Answer Given SUMMARY & DESCRIPTION Code Compliance On East bound "22nd" corners of "B" and "C" cars are parked so dose to the corners that they are a danger and hazard. We cannot pull out of B & C safely onto 22nd Street. I request the curbs be painted the mandatory 25 feet to allow for free obstruction view. I feel it is the responsibility of the city to enforce code and to resolve these unsafe situations. Reported by: An anonymous SeeClickFix user 06/03/2021 - 07:53AM TIMESTAMP INTERNAL COMMENT June 03, 2021 07:53 June 03, 2021 07:57 June 03, 2021 08:21 June 03, 2021 08:51 June 03, Yes 2021 08:51 June 03, "Red Curb". Is it sidewalk., or traffic? Either way- the entire area is a blind NC Resident 2021 08:54 intersection June 03, 2021 09:42 LOCATION Ufn-upholstery _. Fabric Outlet n ' Qr REPORTED June 03, 2021 07:53 Cumming Chevrolet Tacos El G V National City f Park Apartments (i) Goo gle 9 in->N-flut in->N-flut(Burger MEDIA -AP Social Security, Administration Sweetwater Union High School 4? L- hap data 021 Googie COMMENTER City of National City Frank Margaret City of National City assigned this issue to Neighborhood Services Another person wants this fixed! Another person wants this fixed! This issue was recategorized from Code Compliance to Sidewalk Issue. NSD Admin assigned this issue to Engineering Another person wants this fixed! NSDAclrnin NSD Admin Daniel Isida 448 of 550 June O3t 2021 11:30 Please call the Engineering & Public Works Department at (619) 336-4380 to CM SOA provide your contact information such that our staff may contact you in the event additional information is needed to address your request and to provide updates on the status of your request. Thank you for usi ng National City Connect. 1. 449 of 550 July 8, 2021 Resident/Property Owner CALIFORNIA TiON CITy may.. tL/-�- iricoRponxiED Subject: TRAFFIC SAFETY COMMITTEE (TSC) ITEM NO. 2021-16 REQUEST TO INSTALL RED CURB "NO PARKING" " AT THE INTERSECTION OF E. 22ND STREET "B" AVENUE AND THE INTERSECTION OF E. 22ND STREET c' "C" AVENUE IN ORDER TO IMPROVE VISIBILITY AT THE INTERSECTION. Dear Sir/Madame: The City of National City would like to invite you to our next public Traffic Safety Committee Conference Call scheduled for Wednesday, July 14, 2021, at 1:00 P.M. via Zoom. Please use the following information to call -in to the meeting during the scheduled time: Join Zoom Meeting from computer https://zoom.us/j/99326289815?pwd=Qy9YTNDOOF3em95bmRxViriNpRaiWdz09 Join Zoom Meting by phone +1 669-900-9128 Meeting ID: 993 2628 9815 Passcode: 110368 If you have any questions, comments, and/or concerns, please contact the Engineering Department at 19-33 -43 0 and reference Traffic Safety Committee Item Number 2021-16. Sincerely, Roberto Yana, P.E. City Engineer/Director of Public Works RY:lz Enclosure: Location Map 2021 16 1234 National City Boulevard, National City, CA 91950- 30 (619) 336-4380 Fax (619) 336-4397 engineering©nationalcit ca.g v 450 of 550 Location Map with Proposed Enhancernents (TSC Item: 2021-16) 24' of proposed red curb "No Parking" 099 10 1.517 Proposed 24' of red curb "No Parking" Location of proposed red curb "No Parking" on the north side of E. 22' St, east of "B" Avenue (looking east) Proposed 24' of red curb "No Parking" Location of proposed red curb "No Parking" on the north side of E. 22' St., east of "B" Avenue (looking north) 452 of 550 Proposed 10' of red curb "No Parking" Location of proposed red curb "No Parking" on the north side of E. 22"d St., west of "B" Avenue (looking west) Proposed 10' of red curb "No Parking" Location of proposed red curb "No Parking" on the north side of E. 22"d St., west of "B" Avenue (looking northwest) 453 of 550 Proposed 24' of red curb "No Parking" Location of proposed red curb "No Parking" on the north side of E. 22"d St., east of "C" Avenue (looking southwest) Proposed 24' of red curb "No Parking" Location of proposed red curb "No Parking" on the north side of E. 22"d St., west of "C" Avenue (looking north) 454 of 550 Proposed 10' of red curb "No Parking" Location of proposed red curb "No Parking" on the north side of E. 22"d St., west of "C" Avenue (looking west) Proposed 10' of red curb "No Parking" Location of proposed red curb "No Parking" on the north side of E. 22"d St., west of "C" Avenue (looking northeast) 455 of 550 The following page(s) contain the backup material for Agenda Item: Warrant Register #3 for the period of 7/14/21 through 7/20/21 in the amount of $1,460,028.90. (Finance) Please scroll down to view the backup material. 456 of 550 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 7, 2021 AGENDA ITEM NO.: ITEM TITLE: Warrant Register #3 for the period of 7/14/21 through 7/20/21 in the amount of $1,460,028.90. (Finance) PREPARED BY: Karla Apalategui, Senior Accounting Assistant DEPARTMENT: Finance PHONE: 619-336-4572 EXPLANATION: APPROVED BY: Per Government Section Code 37208, below are the payments issued for period 7/14/21 - 7/20/21. Consistent with Department of Finance's practice, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation Eagle Paving Co 353831 87,510.44 CIP 19-12 Sweetwater Road Safety Enhan PRISM 353866 689,007.00 General Liability Insurance PRISM 353867 266,280.00 Property Insurance SDG&E 353882 52,253.18 Gas & Electric Utilities for Facilities FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $1,460,028.90. APPROVED: FINANCE APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION STAFF RECOMMENDATION: Ratify warrants totaling $1,460,028.90. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Warrant Register # 3 457 of 550 1 if _+ CALIFORNI,r ,�L L crr PAYEE ACE UNIFORMS & ACCESSORIES INC ACME SAFETY & SUPPLY CORP ALL THE KINGS FLAGS ALLSTAR FIRE EQUIPMENT INC ALTA LANGUAGE SERVICES INC ATLAS TECHNICAL CONSULTANTS, BOOT WORLD BUCKNAM INFRASTRUCTURE CCUG CLEAN HARBORS ENVIRONMENTAL CLF WAREHOUSE INC CODDINGTON LOCK AND SECURITY COMMERCIAL AQUATIC SERVICE INC CONCENTRA MEDICAL CENTERS COOK, BEATRIZ COUNTY OF SAN DIEGO CYRACOM INTERNATIONAL, INC DEAN GAZZO ROISTACHER LLP DEAN GAZZO ROISTACHER LLP DEAN GAZZO ROISTACHER LLP DENHAM DEUTSCH INC. DUNSMORE EAGLE PAVING COMPANY INC ERGOMETRICS EXPRESS PIPE AND SUPPLY FABINSKI FLORES GEOSYNTEC CONSULTANTS INC GOVERNMENT FINANCE GUERRERO, FEDERICO HANDY METAL MART HDR ENGINEERING, INC. HOME DEPOT CREDIT SERVICES JANI-KING OF CALIFORNIA INC JOHNSON, HOUSTON KIMLEY HORN L C ACTION POLICE SUPPLY LAFRENIERE LASER SAVER INC LATHAN, KEYONEE LIEBERT CASSIDY WHITMORE MAINTEX INC MAZZARELLA & MAZZARELLA LLP MCGUIRE MEGA OUTDOOR ENTERTAINMENT MEGLA MANUFACTURING INC MONTANO, PATRICK ZNCORPQRAT WARRANT REGISTER # 3 7/20/2021 DESCRIPTION K9 UNIT OUTER CARRY / PD ACME / NSD NATIONAL CITY MEMORIAL 3X5' S/R DY NY LION MODEL CVBM-K7 NATURAL 6 OZ /FIRE EMPLOYEE BILINGUAL TESTING ROOSEVELT SMART GROWTH - ENG/PW MOP 64096 SAFETY WEARING APPAREL - PW NATIONAL CITY PAVEMENT MANAGEMENT PLAN TRAINING TUITION CLETS USER BROWDER HOUSEHOLD HAZARDOUS WASTE FOR JUNE 2021 MOP 80331 AUTO SUPPLIES - PW CITYWIDE ON -SITE ELECTRONIC DOOR REPAIRS CHEMICALS - CHLORINE, ACID TABLETS / CSD DOT EXAM CITATION REFUNDS - JUNE 2021 COUNTY SD SHARE OF PARKING CITATION REV LANGUAGE LINE LIABILITY CLAIM COST LIABILITY CLAIM COST LIABILITY CLAIM COST WORKING BREAKFAST BURRITOS / CSD INFLATABLE MOVIE SCREEN 30'X17' ISULPACK CITATION REFUNDS - JUNE 2021 CIP 19-12 SWEETWATER ROAD SAFETY ENHANCE SERGEAMT & CPR-PRA; ASSESS,EMT CTR CITYWIDE PLUMBING PARTS, MATERIALS TOOL TRAINING ADV LDG INTR 1ST RSPD LICENSE REIMBURSEMENT CNC AS NEEDED SERVICES - HAZ MAT MGT- ENG GFOA MEMBERSHIP - PAUL VALADEZ CONSTRUCT INSTRUCTOR PAYMENT 3/16 6X6 PRE CUTS SIGN BASE PROFESSIONAL SERVICES - ENG/PW GENERAL SUPPLIES AS NEEDED FOR BUILDING COVID-19 JANITORIAL CLEANING SERIVCES CITATION REFUNDS - JUNE 2021 8TH AND ROOSEVELT ATP- ENG/PW LESS LETHAL AMMO / PD EDUCATION REIMBURSEMENT MOP 04840 TONER PD LIABILITY CLAIM COST CLIENT/MATTER #NA040-00024 CITYWIDE JANITORIAL SUPPLIES / PW LIABILITY CLAIM COST EDUCATION REIMBURSEMENT NATIONAL CITY MOVIE NIGHT JULY MOVIE SCREEN FABRICATED BRACKETS FOR WATER METERS CITATION REFUNDS - JUNE 2021 1/3 CHK NO 353807 353808 353809 353810 353811 353812 353813 353814 353815 353816 353817 353818 353819 353820 353822 353823 353824 353825 353826 353827 353828 353829 353830 353831 353832 353833 353834 353835 353836 353837 353838 353839 353840 353841 353842 353843 353844 353845 353846 353847 353848 353849 353850 353851 353852 353853 353854 353855 DATE 7/20/21 7/20/21 7/20/21 7/20/21 7/20/21 7/20/21 7/20/21 7/20/21 7/20/21 7/20/21 7/20/21 7/20/21 7/20/21 7/20/21 7/20/21 7/20/21 7/20/21 7/20/21 7/20/21 7/20/21 7/20/21 7/20/21 7/20/21 7/20/21 7/20/21 7/20/21 7/20/21 7/20/21 7/20/21 7/20/21 7/20/21 7/20/21 7/20/21 7/20/21 7/20/21 7/20/21 7/20/21 7/20/21 7/20/21 7/20/21 7/20/21 7/20/21 7/20/21 7/20/21 7/20/21 7/20/21 7/20/21 7/20/21 AMOUNT 1,228.16 67.00 193.14 26,693.78 66.00 7,189.00 250.00 5,574.19 425.00 1,710.77 278.44 1,313.25 888.09 96.00 10.00 10, 360.00 113.10 4,184.09 840.00 539.00 169.71 28, 345.00 70.00 87,510.44 12,474.31 185.83 107.54 75.00 5,231.24 150.00 2,595.60 217.50 4,498.00 1,289.89 5,500.00 100.00 32,636.82 705.17 224.00 456.53 10,000.00 22,690.84 113.65 809.71 1,838.48 2,600.00 3,609.25 80.00 458 of 550 PAYEE MOSSY NISSAN MOYNAHAN, TOM NATIONAL CITY TROPHY NV5 INC OFFICE SOLUTIONS BUSINESS OPENGOV INC PADRE JANITORIAL SUPPLIES PARTS AUTHORITY METRO LLC POWERSTRIDE BATTERY CO INC PRECISION CONCRETE CUTTING PRISM PRISM PRISM PRO BUILD COMPANY PROFESSIONAL SEARCH GROUP LLC PROFESSIONAL SEARCH GROUP LLC PROFESSIONAL SEARCH GROUP LLC PRUDENTIAL OVERALL SUPPLY R & R CONTROLS, INC ROADLINE PRODUCTS INC S D COUNTY SHERIFF'S DEPT SAFETY-KLEEN SYSTEMS, INC SAN DIEGO POLICE EQUIPMENT SAN DIEGO UNION TRIBUNE SAN DIEGO ZOO WILDLIFE SASI SDG&E SEAPORT MEAT COMPANY SERRANO, BENJAMIN SHARP REES STEALY MED GROUP SMART & FINAL SOUTHLAND WATER TECHNOLOGIES SPEEDPRO IMAGING STAPLES BUSINESS ADVANTAGE STATE CONTROLLER SWANK MOTION PICTURES INC SYMBOLARTS, LLC SYSCO SAN DIEGO INC THE BANK OF NEW YORK MELLON THE BUMPER GUY INC THE COUNSELING TEAM THE COUNSELING TEAM INTERNATIO THE SHERWIN WILLIAMS CO TINOSA INC T'S & SIGNS U S BANK VALLEY INDUSTRIAL SPECIALTIES VISTA PAINT `+ CALIFRN�, N,, .,'.ONaL eirivc ZNCORPQRAT WARRANT REGISTER # 3 7/20/2021 DESCRIPTION MOP 80703 AUTO PARTS - PW CITATION REFUNDS - JUNE 2021 MOP 66556. SUPPLIES FOR FACILITIES / PW SEWER USER SURVEY & PREP OF TAX ROLL MLK BOXES OF PAPER RIM OPENGOV REPORTING RENEWAL JANITORIAL SUPPLIES FOR NUTRITON CENTER MOP 75943 AUTO SUPPLIES - PW BATTERIES / PW PAVEMENT MANAGEMENT SERVICES GENERAL LIABILITY INSURANCE PROPERTY INSURANCE GENERAL LIABILITY INSURANCE MOP 45707 GENERAL SUPPLIES - PW TEMP SVCS AP / WEEK ENDING 07182021 TEMP SVCS AP/WEEK ENDING 07112021 TEMPORARY PLACEMENT POSITION, SOA /FIRE MOP 45742. JANITORIAL SUPPLIES / NUTRITION CITYWIDE ON -SITE ENVIRONMENTAL CONTROL FAST DRY TRAFFIC PAINT - RED GALLON RANGE USE PART #905837 MODEL 90.5 W/2387 6365 SPRINGER VEST CARRIER PRE BID - CIVIC CENTER BASEMENT POWER CASA DE SALUD YOUTH SUMMER CAMP FIELD REF#119012 GAS AND ELECTRIC UTILITIES FOR FACILITIES FOOD FOR NUTRITION AS NEEDED FY 2021 CITATION REFUNDS - JUNE 2021 PRE -EMPLOYMENT PHYSICALS MOP 45756 POLICE PROMOTIONAL TESTING M852, MISSION COMMUNICATIONS M850 RTU FORD F250 VEHICLE VINYL MOCK UP - MOP 45704 OFFICE SUPPLIES - PW ANNUAL STREET REPORT 19/20 FY SERVICE NATIONAL CITY MOVIE NIGHT RAYA EN THE LA REBANNERING FOOD / NUTRITION CUSTODIAN FEE FOR PERIOD APRIL 1 2021 PARTS / PW EMPLOYEE SUPPORT SERVICES / FIRE EMPLOYEE SUPPORT SVCS COUNSELING MOP 77816 PAINTING SUPPLIES - PW PERFORM AIR SAMPLE NATIONAL CITY MOVIE NIGHT BANNER MOP 19657 CC PD MOP 46453 BUILDING SUPPLIES - PW MOP 68834 GENERAL SUPPLIES - PW 2/3 CHK NO 353856 353857 353858 353859 353860 353861 353862 353863 353864 353865 353866 353867 353868 353869 353870 353871 353872 353873 353874 353875 353876 353877 353878 353879 353880 353881 353882 353883 353884 353885 353886 353887 353888 353889 353890 353891 353892 353893 353894 353895 353896 353897 353898 353899 353900 353901 353902 353903 DATE 7/20/21 7/20/21 7/20/21 7/20/21 7/20/21 7/20/21 7/20/21 7/20/21 7/20/21 7/20/21 7/20/21 7/20/21 7/20/21 7/20/21 7/20/21 7/20/21 7/20/21 7/20/21 7/20/21 7/20/21 7/20/21 7/20/21 7/20/21 7/20/21 7/20/21 7/20/21 7/20/21 7/20/21 7/20/21 7/20/21 7/20/21 7/20/21 7/20/21 7/20/21 7/20/21 7/20/21 7/20/21 7/20/21 7/20/21 7/20/21 7/20/21 7/20/21 7/20/21 7/20/21 7/20/21 7/20/21 7/20/21 7/20/21 AMOUNT 37.55 17.00 90.81 667.50 512.95 10,925.00 91.67 26.69 512.95 48,300.00 689, 007.00 266,280.00 14,985.00 2,783.48 1,802.00 1,342.00 272.00 1,697.50 5,125.00 673.57 800.00 418.38 118.54 736.80 919.50 56.10 52,253.18 943.08 25.00 1,176.00 106.83 8,247.48 455.79 702.99 2,997.32 450.00 291.88 4,118.44 300.00 13,626.17 375.00 600.00 1,359.53 250.00 574.20 4,608.86 448.16 1,897.25 459 of 550 PAYEE VULCAN MATERIALS COMPANY WAXIE SANITARY SUPPLY WESTNET INC WILLIAMS WILSON WSP USA INC YANO SECTION 8 HAPS _`4+ CALIFORNI N,, .' .ON� L Grrivc ZNCORFORAT WARRANT REGISTER # 3 7/20/2021 DESCRIPTION COLD MIX 3/8 SC8 MISCELLANEOUS JANITORIAL SUPPLIES PROVIDE FIRST -IN ALERTING SYSTEMS EDUCATION REIMBURSEMENT EDUCATION REIMBURSEMENT NATIONAL CITY PARKING PLAN - ENG/PW TRAINING REIMBURSEMENT - ENGINEERING & PW Start Date 7/14/2021 End Date 7/20/2021 GRAND TOTAL CHK NO DATE AMOUNT 353904 7/20/21 2,678.31 353905 7/20/21 2,205.33 353906 7/20/21 6,408.72 353908 7/20/21 494.09 353909 7/20/21 1,017.38 353910 7/20/21 3,487.02 353911 7/20/21 516.38 A/P Total 1,447,116.90 12,912.00 $ 1,460,028.90 3/3 460 of 550 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. MOLLY BRENNAN, FINANCE BRAD RAULSTON, CITY MANAGER FINANCE COMMITTEE ALEJANDRA SOTELO-SOLIS, MAYOR -CHAIRWOMAN JOSE RODRIGUEZ, VICE -MAYOR MARCUS BUSH, COUNCIL MEMBER RONALD J. MORRISON, COUNCIL MEMBER MONA RIOS, COUNCIL MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 7'h OF SEPTEMBER, 2021. AYES NAYS ABSENT 461 of 550 The following page(s) contain the backup material for Agenda Item: Warrant Register #4 for the period of 7/21/21 through 7/27/21 in the amount of $2,246,558.11. (Finance) Please scroll down to view the backup material. 462 of 550 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 7, 2021 AGENDA ITEM NO.: ITEM TITLE: Warrant Register #4 for the period of 7/21/21 through 7/27/21 in the amount of $2,246,558.11. (Finance) PREPARED BY: Karla Apalategui, Senior Accounting Assistant DEPARTMENT: Finance PHONE: 619-336-4572 EXPLANATION: APPROVED BY: R1'tA�,,wnmo- Per Government Section Code 37208, below are the payments issued for period 7/21/21 - 7/27/21. Consistent with Department of Finance's practice, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation Chen Ryan Assoc 353926 70,671.09 24th St TODO — ENG/PW Motorolla Solutions 353960 Project Professionals 353977 South Bay Comm Svc 353992 166,263.95 62,000.37 57,394.91 Portable Radios CIP 19-12 Sweetwater Rd Safety Enhance Home Agreement: South Bay Community FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $2,246,558.11. APPROVED: APPROVED: ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION FINANCE MIS STAFF RECOMMENDATION: Ratify warrants totaling $2,246,558.11. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Warrant Register # 4 463 of 550 1 if _+ CALIFORNI,r ,�L L crr PAYEE ACE UNIFORMS & ACCESSORIES INC ALDEMCO ALL FRESH PRODUCTS ALLSTATE SECURITY SERVICES INC ALPHA CARD AMAZON ASSI SECURITY INC BAKER & TAYLOR BAKER & TAYLOR BOOT WORLD BOOT WORLD BSN SPORTS, LLC CAL FIRE CALIFORNIA ELECTRIC SUPPLY CHEN RYAN ASSOCIATES INC COLANTUONO HIGHSMITH CONCENTRA MEDICAL CENTERS CONCENTRA MEDICAL CENTERS CONCENTRA MEDICAL CENTERS CONCENTRA MEDICAL CENTERS CONCENTRA MEDICAL CENTERS CONCENTRA MEDICAL CENTERS CONCENTRA MEDICAL CENTERS CONCENTRA MEDICAL CENTERS CONCENTRA MEDICAL CENTERS CSA SAN DIEGO COUNTY DATA DETECTION GROUP DELL MARKETING L P DEMCO INC DEPT OF JUSTICE D-MAX ENGINEERING INC FASTSIGNS FERGUSON ENTERPRISES 1350 GOVCONNECTION INC GOVERNMENT TRAINING AGENCY HAAKER EQUIPMENT COMPANY WHITE CAP CONSTRUCTION SUPPLY HDR ENGINEERING, INC. HOME DEPOT CREDIT SERVICES INSIGHT PUBLIC SECTOR, INC. LASER SAVER INC LEXIA LEARNING SYSTEMS LLC LIEBERT CASSIDY WHITMORE LORONA MAN K9 INC MEYERS, NAVE, RIBACK, SILVER MIDWEST TAPE MOSSY NISSAN ZNCORPQRAT WARRANT REGISTER # 4 7/27/2021 DESCRIPTION RECRUIT YUEN FOOD AS NEEDED FOR NUTRITION CENTER FY CONSUMABLES AS NEEDED FOR NUTRITION LIBRARY/SECURITY GUARD FOR JUNE 2021 LIBRARY CARDS CHARGERS FOR DELL LATITUDE 3190 LAPTOPS WALL MOUNT, READER REPLACEMENTS / PW BOOKS FOR FY21 LIBRARY/BOOKS/FY21 MOP 64096 SAFETY SHOES MOP 64096 SAFETY SHOES / PARKS RECREATION SUPPLIES FOR ACTIVITY CAMP FSTEP-FS-FC30033 STRUCTURAL FIRE FIGHTING MOP 45698 ELECTRIC SUPPLIES - PW 24TH ST TODO - ENG/PW AFFORDABLE HOUSING COALITION PRE -EMPLOYMENT PHYSICALS & DOT EXAM PRE -EMPLOYMENT PHYSICAL PRE -EMPLOYMENT PHYSICALS & DOT EXAMS FIRST AID NO WC CLAIM FIRST AID ONLY - RTN VISIT FOLLOW UP PRE -EMPLOYMENT PHYSICAL PRE -EMPLOYMENT PHYSICALS FIRST AID ONLY NO WC CLAIM PRE -EMPLOYMENT PHYSICALS CDBG AGREEMENT WITH CSA SAN DIEGO FIRST PAYMENT / DATA CONVERSION VLA ADOBE ACROBAT PRO 2020 MPL BOOK PROCESSING SUPPLIES FINGERPRINTING DOJ T&A 90412 - RANCHO ARROYO VILLAS - ENG/PW "EMPLOYEES ONLY" GLASS VINYL MOP 45723 GENERAL SUPPLIES - PW MONITORS SD EMPLOYMENT RELATIONS CONSORTIUM FEES SPRING DISC- 1211516M, MED ORANGE CL2 BLACK SERIES CIP 19-35 PARADISE CREEK KIMBALL- ENG/PW SAFETY SUPPLIES / PARKS 32 PORT USB CHARGING CART REPAIR TO PLOTTER LEXIA CORE5 SUBSCRIPTION RENEWAL TRAINING / LCW / CAO DOT PHYSICAL JULY TRAINING MEYERS NAVE / CAO AUDIOVISUAL MATERIALS FOR FY21 MOP 80703 AUTO SUPPLIES - PW CHK NO DATE AMOUNT 353912 7/27/21 2,824.52 353913 7/27/21 6,351.28 353914 7/27/21 2,372.18 353915 7/27/21 5,214.33 353916 7/27/21 2,375.00 353917 7/27/21 529.04 353918 7/27/21 12,610.00 353919 7/27/21 3,781.81 353920 7/27/21 767.06 353921 7/27/21 125.00 353922 7/27/21 125.00 353923 7/27/21 1,277.94 353924 7/27/21 525.00 353925 7/27/21 472.79 353926 7/27/21 70,671.09 353927 7/27/21 1,541.84 353928 7/27/21 3,726.00 353929 7/27/21 648.00 353930 7/27/21 611.00 353931 7/27/21 237.08 353932 7/27/21 198.09 353933 7/27/21 186.00 353934 7/27/21 130.00 353935 7/27/21 118.05 353936 7/27/21 80.00 353937 7/27/21 7,713.69 353938 7/27/21 8,500.00 353939 7/27/21 1,947.90 353940 7/27/21 752.22 353941 7/27/21 616.00 353942 7/27/21 3,310.03 353943 7/27/21 133.76 353944 7/27/21 345.31 353945 7/27/21 6,015.86 353946 7/27/21 2,588.00 353947 7/27/21 891.77 353948 7/27/21 166.13 353949 7/27/21 20,465.68 353950 7/27/21 519.00 353951 7/27/21 1,479.00 353952 7/27/21 1,200.27 353953 7/27/21 400.00 353954 7/27/21 3,475.00 353955 7/27/21 80.00 353956 7/27/21 1,120.00 353957 7/27/21 3,819.15 353958 7/27/21 195.02 353959 7/27/21 109.90 1/3 464 of 550 PAYEE MOTOROLA SOLUTIONS INC MYERS AND SONS NAGUNSMITHING LLC NEU NEW READERS PRESS NV5 INC OFFICE SOLUTIONS BUSINESS O'REILLY AUTO PARTS PACIFIC PRODUCTS & SERVICES PACIFIC REFRIGERATION INC PALOMAR HEALTH PARTS AUTHORITY METRO LLC PENSKE FORD PIERSON POWERSTRIDE BATTERY CO INC PRO BUILD COMPANY PROFESSIONAL SEARCH GROUP LLC PROJECT PROFESSIONALS CORP PRUDENTIAL OVERALL SUPPLY RANDALL LAMB ASSOCIATES INC S D COUNTY SHERIFF'S DEPT SAKAMOTO SAM'S ALIGNMENT SAN DIEGO GAS & ELECTRIC SD COUNTY POLICE CHIEF'S SEAPORT MEAT COMPANY SHRED IT USA SILVER & WRIGHT LLP SIRSIDYNIX 774271 SITEONE LANDSCAPE SUPPLY LLC SITEONE LANDSCAPE SUPPLY LLC SMART SOURCE OF CALIFORNIA LLC SOUTH BAY COMMUNITY SERVICES SOUTHERN CALIF TRUCK STOP STAPLES BUSINESS ADVANTAGE SWEETWATER AUTHORITY SWEETWATER AUTHORITY SWEETWATER AUTHORITY SWEETWATER AUTHORITY SWEETWATER AUTHORITY SWEETWATER AUTHORITY SWEETWATER AUTHORITY SYSCO SAN DIEGO INC TAPIA TELECOM LAW FIRM P C THE COUNSELING TEAM THE SHERWIN WILLIAMS CO THOMSON REUTERS WEST _`4+ CALIFORNI N,, ,,.O __L Citrivc ZNCORFORAT WARRANT REGISTER # 4 7/27/2021 DESCRIPTION PORTABLE RADIOS BARRICADE LIGHT, SOLAR, LED AMBER 10 SPARC RED DOTS MILEAGE REIMBURSEMENT - TRIP TO SDCOL NEWS FOR YOU CLASSROOM SUBSCRIPTION IMPLEMENTATION OF DASHBOARD GIS WORK MOP #83778, CONFERENCE TABLE / FIRE MOP 75877 AUTO SUPPLIES - PW PARTS / PW NUTRITION CENTER REFRIGERATION SERVICES SART EXAMS MOP 75943 AUTO SUPPLIES - PW PARTS FOR EMERGENCY VEHICLES TRAINING ADV POST SUB FTP / PD MOP 67839 GENERAL SUPPLIES - PW 4 X 8 - 19/32 SYP CD EXT PLY - TEMPORARY EMPLOYEE - ADMIN ASSIST - CITY CIP 19-12 SWEETWATER RD SAFETY ENHANCE MOP 45742 LAUNDRY SERVICES - PW CIP 20-03 CIVIC CENTER EOC POWER UPGRADE RANGE USE TRAINING ADV SUB RACL PRF TRN TRNR / PD WHEEL ALIGNMENT SERVICE FOR CITY UTILITIES FOR FACILITES FY 22 CHIEF SHERIFF MEMBERSHIP FOR FOOD AS NEEDED FOR NUTRITION CENTER SHREDDING SERVICE SILVER AND WRIGHT LLP / CAO ITEM AND PATRON BARCODES MOP 69277 LANDSCAPE SUPPLIES / PARKS MOP 69277 LANDSCAPE SUPPLIES / PARKS MOP 63845 PRINTER SUPPLIES / FINANCE HOME AGREEMENT: SOUTH BAY COMMUNITY MOP 45758 GENERAL AUTO SUPPLIES - PW MOP #45704/COPY PAPER/HR WATER BILL FOR PARKS DIVISION FY 2021 WATER BILL FOR PARKS DIVISION FY 2021 WATER BILL FOR PARKS DIVISION FY 2021 WATER BILL FOR PARKS DIVISION FY 2021 WATER BILL FOR PARKS DIVISION FY 2021 WATER BILL FOR PARKS DIVISION FY 2021 WATER BILL FOR PARKS DIVISION FY 2021 FOOD AS NEEDED FOR NUTRITION CENTER REIMB TAPIA CSO PANTS TELECOM LAW FIRM PC / CAO MONTHLY SVC & OIS / MANHUNT FOLLOWUP MOP 77816 PAINT SUPPLIES / NSD THOMSON REUTERS WEST / CAO CHK NO 353960 353961 353962 353963 353964 353965 353966 353967 353968 353969 353970 353971 353972 353973 353974 353975 353976 353977 353978 353979 353980 353981 353982 353983 353984 353985 353986 353987 353988 353989 353990 353991 353992 353993 353994 353995 353996 353997 353998 353999 354000 354001 354002 354003 354004 354005 354006 354007 DATE 7/27/21 7/27/21 7/27/21 7/27/21 7/27/21 7/27/21 7/27/21 7/27/21 7/27/21 7/27/21 7/27/21 7/27/21 7/27/21 7/27/21 7/27/21 7/27/21 7/27/21 7/27/21 7/27/21 7/27/21 7/27/21 7/27/21 7/27/21 7/27/21 7/27/21 7/27/21 7/27/21 7/27/21 7/27/21 7/27/21 7/27/21 7/27/21 7/27/21 7/27/21 7/27/21 7/27/21 7/27/21 7/27/21 7/27/21 7/27/21 7/27/21 7/27/21 7/27/21 7/27/21 7/27/21 7/27/21 7/27/21 7/27/21 AMOUNT 166,263.95 624.38 1,794.27 12.82 380.66 9,524.16 2,406.78 119.07 1,477.59 3,226.10 2,700.00 266.36 951.17 384.00 452.36 3,597.76 4,920.00 62,000.37 1,255.07 157.50 1,300.00 631.72 100.00 957.53 500.00 1,288.81 120.40 8,151.82 1,144.50 140.99 105.52 61.85 57,394.91 419.59 1,454.09 1,637.90 1,145.48 82.98 42.60 42.60 42.60 27.96 3,529.65 91.58 4,596.00 1,325.00 234.16 1,101.98 2/3 465 of 550 1 if `+ CALIFRN�, PAYEE TIP OF SAN DIEGO COUNTY TRANS-LANG U S BANK U S BANK UNITED LABORATORIES INC UNITED ROTARY BRUSH CORP VALLEY INDUSTRIAL SPECIALTIES VCA EMERGENCY ANIMAL HOSPITAL VCA MAIN ST ANIMAL HOSPITAL VISTA PAINT WEST COAST ARBORISTS WEST PAYMENT CENTER WILKINS WILLY'S ELECTRONIC SUPPLY WORTH AVE GROUP, LLC WSP USA INC WSP USA INC WIRED PAYMENTS THE BANK OF NEW YORK MELLON PAYROLL Pay period Start Date 15 6/29/2021 ZNCORPQRAT WARRANT REGISTER # 4 7/27/2021 DESCRIPTION ON -SCENE 24 HOUR VOLUNTEER RESPONSE SVCS INTERPRETATION SVCS - CITY COUNCIL MEETING TO REPLACE CKS 350142 350565 347689 & 34 US BANK / CAO MAINTENANCE EQUIPMENT EAGLE POLY TB MOP 46453 BUILDING SUPPLIES - PW CHON EMERGENCY VET CARE CHON CHECK UP ON LINE TRAFFICE FAST DRY WHITE ONGOING TREE TRIMMING SERVICE WEST JULY / PD RETIREE HEALTH BENEFITS - JULY 2021 MOP 45763 COMPUTER SUPPLIES INSURANCE DELL LATITUDE 3190 - PRC#11496 WSP USA NTP FOR THE NATIONAL CITY FOCUSED GENERAL PLAN UPDATE HUD 108 LOAN PMNT FOR FY 2021-2022 End Date 7/12/2021 Check Date 7/21/2021 GRAND TOTAL CHK NO DATE 354008 7/27/21 354009 7/27/21 354011 7/27/21 354012 7/27/21 354013 7/27/21 354014 7/27/21 354015 7/27/21 354016 7/27/21 354017 7/27/21 354018 7/27/21 354019 7/27/21 354020 7/27/21 354021 7/27/21 354022 7/27/21 354023 7/27/21 354024 7/27/21 354025 7/27/21 A/P Total 170205 7/21/21 AMOUNT 8,000.00 714.00 5,778.77 500.00 349.05 606.61 266.28 5,805.98 225.92 1,368.29 35, 945.00 633.22 520.00 22.45 2,961.00 12,461.36 2,284.18 611,970.49 541,501.25 1,093,086.37 $ 2,246,558.11 3/3 466 of 550 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. MOLLY BRENNAN, FINANCE BRAD RAULSTON, CITY MANAGER FINANCE COMMITTEE ALEJANDRA SOTELO-SOLIS, MAYOR -CHAIRWOMAN JOSE RODRIGUEZ, VICE -MAYOR MARCUS BUSH, COUNCIL MEMBER RONALD J. MORRISON, COUNCIL MEMBER MONA RIOS, COUNCIL MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 7'h OF SEPTEMBER, 2021. AYES NAYS ABSENT 467 of 550 The following page(s) contain the backup material for Agenda Item: Public Hearing and Introduction of an Ordinance of the City Council of the City of National City amending Sections 18.20.020, 18.21.040, 18.21.050, 18.45, and 18.50, and addition of Sections 18.30.380 and 18.30.390 of Title 18 (Zoning) of the National City Municipal Code. (Applicant: City -Initiated) (Case File 2021-18 A) (Planning) Please scroll down to view the backup material. 468 of 550 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 7, 2021 AGENDA ITEM NO. ITEM TITLE: Public Hearing and Introduction of an Ordinance of the City Council of the City of National City amending Sections 18.20.020, 18.21.040, 18.21.050, 18.45, and 18.50, and addition of Sections 18.30.380 and 18.30.390 of Title 18 (Zoning) of the National City Municipal Code. (Applicant City -Initiated) (Case File 2021- 18 A) PREPARED B : David Welch ,� DEPARTMENT: . �� ;ffityDevelopment PHONE: 61 - 3 -4 24 APPROVED BY: EXPLANATION: Accessory Dwelling Units (ADUs) are becoming more popular as a way to provide affordable rental opportunities in a time of rapidly increasing housing costs. Construction of ADUs also provide for a range of housing types and the opportunity for property owners to add income. While the City's Municipal Code does allow for second units, the Code is currently out of compliance with recent changes in state law related to ADUs. staff has developed a new Ordinance to regulate the construction of ADUs and JADU's (Junior Accessory Dwelling Units and to provide consistency with state requirements. Both the Housing Advisory Committee and the Planning Commission provided comments on the proposed amendments and recommended approval of the changes as contained in Attachment No. 3 herein. The attached background report describes the project in detail. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS ENVIRONMENTAL REVIEW: This action does not constitute a project under California Environmental Quality Act (CEQA) Guidelines Section 1538(b)(2). ORDINANCE: INTRODUCTION: X FINAL ADOPTION: STAFF RECOMMENDATION: Staff concurs with the Planning Commission's recommendation and recommends that the amendments and additions to Title 18 be introduced. BOARD / COMMISSION RECOMMENDATION: The Planning Commission recommended approval of the Land Use Code amendments. Ayes: Dela Paz, Roman, Sendt, Valen uela, Yamane Absent: Natividad, Sanchez ATTACHMENTS: 1. Background report 2. Findings 3. Proposed Code changes 4. Public Hearing Notice 5. Planning Commission Resolution 2021-07 6. PowerPoint presentation 7. Ordinance 469 of 550 BACKGROUND REPORT Staff Recommendation Staff recommends that the City Council recommend approval of the amendments to sections 18.20.020, 18. 1.040, 18.21.050, 18.45, and 18.50, and addition of sections 18. 0. 80 and 18.30.390 of the Land Use Code (LUC). The Planning Commission held a public hearing on the proposed amendments and recommended approval of the changes as contained in the attached proposed Code changes. Overview California's housing production is not keeping pace with demand. In the last decade, less than half of the homes needed to keep up with the population growth were built. This lack of housing that meets the community's needs is impacting affordability and causing average housing costs, particularly for renters in California, to rise significantly. As affordable housing becomes less accessible, people drive longer distances between housing they can afford and their workplace or pack themselves into smaller shared spaces, both of which reduce quality of life and produce negative environmental impacts. Beyond traditional construction, widening the range of housing types can increase the housing supply and help more low-income Californians thrive. An ADU (Accessory Dwelling Unit) is a complete independent living facility for one or more persons and has a few variations: • Detached: The unit is separated from the primary structure. • Attached: The unit is attached to the primary structure. • Converted Existing Space: Space e.g., master bedroom, attached garage, storage area, or similar- use, or an accessory structure) on the lot of the primary residence that is converted into an independent living unit. • Junior Accessory Dwellinj Unit (JADU): A specific type of conversion of existing space that is contained entirely within an existing or proposed single-family residence. In addition to expanding housing options for National City Residents, a robust ADU Ordinance will help the City to meet its RHNA (Regional HousingNeeds Assessment) allocation (5,437). The Ordinance will also be consistent with the goals and policies of the City's Housing Element, which is currently being updated, including creating additional consistency with state ADU regulations. ATTACHMENT 1 1 470 of 550 Section 18.21.050 of the LUC regulates second units, which are also referred to as Accessory Dwelling Units (ADUs). This section of the LUC is null and void after recent updates to the State of California Government Code (GOV) relating to ADUs and Junior Accessory Dwelling Units (JADUs) became effective on January 1, 2021. ADUs and JADUs in the City of National City are regulated by the requirements in GOV Sections 65852.2 and 65852.22 unless the City adopts an ordinance that complies with each section. Sections 'i 8.3U.380 and 18.30.390, as well as related changes within Title 18, are proposed for the regulation of ADUs and JADUs. These ordinance changes are intended to clarify the regulations that permit ADUs and JADUs as well as promote the compatibility of these housing types within existing neighborhoods. It should also be noted that Planning Division ion staff is concurrently working on a draft ordinance related to Mobile Tiny Homes per direction of the City Council. While not part of the current effort related to I and JADUs, the Council may still provide comments if appropriate. Housing Advisory Committee On July 19, 2021, an update on the draft code amendments and additions related to ADUs and JADUs was presented to the Housing Advisory Committee. Staff received several comments related to the proposed language and made some modifications. The following comments were received and addressed: • A one-story requirement for ADUs would be overly restrictive for smaller lots. An example is a 3,000 square foot lot only having enough area to construct a 300 square foot ADU. o Staff added language to allow two-story ADUs for lots smaller than 5,000 square feet. In addition, proposed language was added to Table 18.21.040 of the LUC to address conflicts with ADU square footage and the standards for accessory structures. • Is there any enforcement of rental duration to keep ADUs from becoming short- term rentals? o Staff added language requiring recorded restrictions for all ADUs. The restrictions must state that the ADU may not be rented for a period of less than 31 days. • The City should review the minimizing setbacks (overly restrictive) including the 20 foot front setback for ADUs. o Staff revised the required front setback to a 15 foot minimum instead of 20 feet. This is consistent with the current front setbacks for medium density residential zones. 2 471 of 550 • Can the landscaping requirement allow for a tree in the back or elsewhere? o Staff revised the location requirement to allow for a tree in the abutting parkway and the required 15 foot front yard setback for ADUs. This provides more flexibility in mixed -use zones, which do not have a front setback area. Planning Commission held a public hearing on August 16, 2021 and recommended approval to the City Council of the amendments. Proposed Changes section 18.21.050 of the LUC should be removed completely, as this section is preempted by GOV Sections 65852.2 and 65852.22. In addition, other sections of Title 18 with references to second units are proposed to be removed. New ordinances under Sections 18.30.380 and 18.30.390; as well as related changes within Tithe 18, are proposed for the regulation of ADUs and JADUs. These ordinance changes are intended to clarify the regulations that permit ADUs and JADUs as well as promote the compatibility of these housing types within existing neighborhoods. Proposed changes in addition to those 'required by state law include the following; • ADUs constructed over garages or on a lot smaller than 5,000 square feet are permitted to have a maximum height of 25 feet instead of the height of the primary structure. d A minimum front setback of 15 feet and minimum side and rear setbacks of four feet for all ADUs. ADUs are permitted in Mixed -Use zones, which currently have no setbacks unless they abut a Residential zone. • A landscape requirement of one tree in the required 15 foot setback for ADUs or abutting parkway is added. • ADUs are required to conform to the adopted single-family infill standards in Section18.4207O.0 of the LUC. • The maximum size of most detached ADUs is 1,000 square feet instead of 1,200 square feet. A 1,200 square foot detached ADU is still permitted if parking is provided and the unit does not exceed the front setback of the existing home, • An ADU constructed within the footprint of an existing home will not have a maximum size. � Both ADUs and JADUs shall have restrictions, recorded with the County, that the units may not be sold separately or rented for periods of less than 31 days. • JADUs are permitted on tots with an existing single-family dwelling and zoned to allow for residential use. This change will clarify that JADUs are permitted in Mixed -Use zones. 3 472 of 550 A strikethroughfunderfine version of the changes are attached to this staff report. Fi nd in There are two findings required for approval of a Code Amendment, one related to General Plan . consistency and one related to compliance with the California Environmental Quality Act (CEQA). General Plan Conformance The requested amendments to this section are consistent with the General Plan. The adopted 201342021 Housing Element provides both for enhanced quality of existing residential neighborhoods and a range of new housing types. Two goals apply in this case: Goal H.41: Maintain and enhance the quality of existing residential neighborhoods. Goal H4: Provide a sufficient number of housing units and range of housing types to meet the current and projected needs of all economic segments of the community. in addition, the draft Housing Element for the 2021-2029 cycle is required by GOV Section 65852.2 to promote the developmerit of ADUs to meet housing needs. Draft Policy 1.4 is to "promote the development of accessory dwelling units(ADA) throughout National Cite to meet residential housing needs." CEQA Compliance This amendment is not considered to be a project under CEQA as any permits issued in relation to ADUs and JADUs would be ministerial and thus not subject to CEQA. Summary and next steps The proposed amendments are required both to rectify existing inconsistencies between the Municipal Code and state law, and to bring the City's Land Use Code into compliance with state law in general. Both the Housing Advisory Committee and the Planning Commission recommended approval to the City Council of the changes to the City's Municipal Code related to ADUs and JADUs. Staff is also recommending approval of the changes. 4 473 of 550 OPTIONS 1. Introduce the Ordinance approving the amendments to Sections 18.20.020, 18.21.040, 18.21.050, 18.45, and 18.50, and addition of Sections 18.30.380 and 18.30.390 of the Land Use Code based on the attached .findings or findings to be determined by the City Council; or 2. Continue the item to a specific date for additional information. 3. File the report (deny the amendments) L 5 474 of 550 RECOMMENDED FINDINGS FOR APPROVAL VAL That the proposed amendments to Sections 18.20.020, 18.21.040, 18.21.050, 1 .4 , and 13. o, and addition of Sections 1 .30.3 0 and 1 . 0.390 are consistent with the General Plan, as Goal H-1 encourages the maintenance and enhancement of the quality of existing residential neighborhoods and Goal H-4 encourages the provision of a sufficient number of housing units and range of housing types to meet the current and projected needs of all economic segments of the community. 2. That the proposed amendments have been reviewed and been found to comply with the California Environmental Quality Act (CEQA); the amendments are not considered to be a project under CEQA. Any permits issued in relation to Accessory Dwelling Units (ADUs) or Junior Accessory Dwelling Units(JADUs) would be ministerial and thus not subject to CEQA. /-\TTAC Hi. NI-1 6 475 of 550 Deletions shown as Strikethrough Additions shown as Underline Table 1 o .o o — Allowed Uses Residential Zones. Zone Classification Symbol Zone Classification Residential Large Lot Residential General Plan Land Use Designation RS-21 RS -31 Sall Lot Residential Low Medium Density Residential Low Medium Density Residential Mediuna-Low Density Multi -Unit Residential RS-41 Residential Single -Family Medium Density Residential Specific Plan (Westside) RM-1 Medium Density Multi -Unit Residential Medium Density Residential RM-21 High Density Multi -Unit Residential High Density Residential RM-3 Very High Density Multi -Unit Residential Conzrnercial High Density Residential CA Commercial Automotive CL I Limited Commercial Commercial Automotive Specific Plan (Westside) CS I Service Commercial Mixed -Use MCR- MixedCommercial-Residential Service Commercial Specific Plan (Westside) ATTACHMENT Ei T 7 476 of 550 Zone Classification Symbol Zone Classification General Designation Plan Land Use MCR-21 Mixed (Smart Commercial Growth Area) -Residential Specific Plan(Westside) MX -11 Minor Mixed Use Corridor Minor Mixed Use MXC 1 Major Mixed Use Corridor Major Mixed Use . MX -11 Minor Mixed Use District Minor Mixed Use -Major � �i Major ���eC�. District � Mixed Use Industrial IL ' Light Industrial Industrial IM Medium Industrial Industrial IR Heavy Industrial Industrial Institutional . Institutional Institutional Open Space S Open Space Open Space Open Space Reserve Military Military Military San Diego Unified Port District UP . Port Master Plan San Diego Unified Port District Specific Plan 477 of 550 Zone Classification Symbol Pi Zone Cbassification Specific Plan General Plan Land Use Designation Specific Plan iikaW and JADUs permitted subj ect to Sections 18.30.380 and 1 .3 .390 Table 18. 1.0 — Deve]opment Standards Residential Zones Development Requirement By Zoning District RS-1 Minimum setbacks, Primary structure RS-2 RS-3 RS-4 RM-1 RM-2 RM-3 Front 20' I 0' 107 15(a) 15' Side —interior J 5 Side —Exterior 10' Rear f 5' 10! 25' Minimum setbacks/ Accessory structure 3/0(b) 10' 10' 10' 15' Front 20' 201 15' 10/ 1.51(c) Side interior Sic e—Corner 5 10' 15' 10' 5 10' q 478 of 550 Development Requirement By Zoning District RS-1 RS-2 S_3 RS-4 RM-1 R NI-2 Fi WI -3 'o t 5 5' 5'3'5' 5' Et Detached building separation 5" Sr Ei' Number of detached buildings 3 per full 5,000 ft2of I_L area 3 per full 5,000 ft2of lot area 3 pe_ i t L._ 11 5,000 ft2of lot area Minimum lot area 10,000 SF 5,000 SF 5,000 SF 2,500 SF 5,000 SF 5,000 SF 5,000 sF. Minimum street frontage (Standard) 601 S ' 50' 5r 5 I 50' 50' Minimum street frontage (lots on the bulb of a cul-de- sac) 361 36' 36' 15' 3 ' 36' 35' Maximum density One du per lot One du per lot One du per 2,900 SF of lot area One du for each 2,500 SF of lot area One du per 1,900 SF of lot area One du per 900 SF of lot area One du per 580 SF of lot area Minimum usable open space N A N/A N/A N/A See Section 18.41.040 10 479 of 550 Development Requirement By Zoning District RS_1 RS-2 RS-3 RS-4 RM-1 RM-2 -3 Maximum lot coverage 75% 75% 75% N/A 75% 75% 1 75% Maximum height, 35' primary structure 35' 35' 35' 45' 65' 95' Maximum stories, 23 primary structure 3 4 Maximum height, accessory structure 35' 35' 35' 35' 45' 65' 95' Shall not number height of structure. exceed the of stories or the primary 1 Shall not exceed maximum structures within too zone. the allowed height of accessory in adjacent -feet of the zone adjacent Maximum area (total), 10% of lot size (d) 1O% of lot size (d) 1O% of lot size (d) None 1 None None None accessory structures— Excluding up to 400 SF of covered parking and area dedicated to an ADU Notes: (a) Stoops and porches may extend into the front yard up to the front property line or in the case of a corner parcel, to the side property line. Garages shall maintain a fifteen -foot front yard setback. (b) A zero foot minimum side yard, for one side yard on the parcel, is permitted provided that there is a six-foot separation to the adjacent residential structure and that there is a minimum three-foot side yard setback on the opposite side. (c) Except for stoops and porches, accessory structures shall not be located in the front yard setback. Porches or stoops should be at least six feet deep. (d) No single accessory structure shall have a footprint greater than that of half of the primary structure excluding area dedicated to an ADU. 11 480 of 550 1 . 1. 50 t Second units A. Pur accessory d' the city's growth and -planning- policies -lay ction is to provide reg a# ff fir 4he-e-stalatis €441-434 f1 neighborhe 2. Mowing wing c `i nt--u-se of -h- -ei-t, t u in stock and infrastructure; 3. Fir& iding hog ing options _ -o=ices- a --r e-nd to v ryi n o e levels, changing-h- - es and Iife tyie needs; and, /1. P ingic parents, younger sin o-un-g-e F-G-G- s , and empt -R-esr-s to remain in th 1r he e i neigh-borh-oodF,ap , assistance. B. Developrnerrt standards. 1-,-s r be peril- one single --fa ily res,i n the lot or constructsd_i - n unct n- tha i lc family residence Shall not le allowed ,her city manager or his/her designee determines that roadways,ublic utilities or services inadequate; d number o wellin e-sseify-stfustures-s-hati apply to second pan-; hat the--s-etback requiremcnt, for primary s ue s sha11 app a-1 !J ►note ce in no e s it l-e eed one u. - 1incorporate the_sa.r` - r ct to roof pitch c;npafib!e but-i-n- mato ri al s , colors, and design-ce-t, 4-m-a --d i-al— g-uF4 Parking._._ R- -tree t r. r i t i o n to that- 4 1c i s re g,� code '`o the primary residence shall be provided. P rl in-g spaces induce garages, carports, or vcred parking. ctures, but 1 . 0. 0 - Accessory Dwelling Units. A. Purpose. The purpose of this section is to provide for the construction of Accessory Dwelling Units ADUs) in areas zoned to allow residential l uses pursuant to Government 12 481 of 550 CodesSection 65852,2. ADUs help advance thego ls and olicies of the City's Housinc. Element by: 1. Providing an affordable type of home to construct without thecost of acquiring new land, dedicated parking, and costly infrastructure; . Accommodating new housing units ),tvhile preserving Oe of existing_ neighborhoods; 3. Allo'in efficient use of the cit' eistin housin stock and infrastructure 4. Providin housin o tions and choices that res and to va in income levels, chancing household sues and lifestyle r e i and, 5. Providing a means for__residents particularly s n or 1 single parents, young singles, and younger couples to remain in their homes and neighborhoods, and obtain and preserve income, security, companionship, and assistance. B. Consistency with state law. This section is intended to be consistent with Government Code Section 65852.2. If inconsistency is found with this section and state laws state law shall prevail: C. Definitions. For the purposes of this section Accessory Dwelling Unit ADU is defined in Section 18.50.010. D. ADUs permitted. 1. One ADU is permitted on a lot if all the following are met: a.The lot includes a proposed orexisting dwelling. b.The lot is in a zone that allows for a residential use as indicated in Table 20.020. c.The proposed ADU is located where the city manager or his/her designee has not determined that public utilities or services are inadequate or the ADU will adversely impact traffic flow or public safety. dd.The ADU meets the standards of subsection F, Two detached DiJs are permitted on a lot with a multi-farqy residential use if all the following are met: a.The lot includes an existing multi -family residential dwelling. b,.Each ADU does not exceed a total floor area of 1,000 square feet and 16 feet in height. Multiple ADUs are permitted within the portions of existing multi -family residential structures that are not used as livable space, including, but not limited to storage rooms, boiler rooms, passageways, attics, basements or garages, if each unit cormQlies with state building standards for dwellings. 13 482 of 550 a.At least one ADU is permitted within an existing multi -family residential structures and up to 25 percent of the existing number of multi -family dwelling units is allowed. Revievv. The approval of an ADU is subiect to a ministerial decision process outlined in Section 1812.031 For the poses of this subsection, a staff person designated by the city manager shall review and act on a buildia q_permit application for an ADU within 60 days after a complete application is received. An ADU proposed with a permit application for a new primary dwelling_shall not be approved until the primary dwelling receives approval. An applicant may re nest a variance sub'ect to Sectlor 18,12120 in conjunction' with an application for an ADU. ADU Development Stancards. 1 Density. ADUs are consistent with the allowable density for the lot upon which the ADU is located and the ADU is a residential use that is consistent with existing General Plan_and zoning designations for the lot. Location. An ADU may be either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas, or an tructure ar detached from the proposed or existing pr rn ar d tilling and located on the same lot as the proposed or existing dwellinc. An ADU may be attached to, located within, or detached from an existing or proposed primary dwelling unit, including garages and habitable or non -habitable accessory structures. Parking. No additional parking is rem, aired for an ADU. If an ADU is constructed within existin e or covered oarkinc, then no replacement parkins spaces may be required, Height. The maximum height of an ADU is as follows: a.On a property with a sin !e-farnLi r s der tial pri na d\ elfin , the height of the ADU, attached or detached, shall not exceed the height of the .rima duelling or 16 feet, whichever is greater. For an ADU constructed above a garage or on a lot smaller than 5,000 square feet, the height shall not exceed 25 feet., b.on a property with a multi -family residential structure, the height of a detached ADU shall not exceed 16 feet. Setbacks. a,For all ADUs, the front setback shall be a minimum of 15 feet. b, For all A e s, the exterior and interior side and setback shall be a minimum of four feet and the rear yard setback shall be a minimum of four feet. 14 483 of 550 c. N setback si__iMte re uired for an_existinq living area or permitted accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit, and - setback of no more than four feet from the side and rear lot lines shall be required for an accessorydwellinc unit that is t converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure. Landscaping. a.one 24-inch box tree shall be lanted within the required 15 foot front yard setback for ADUs or in the_abutting parkway. Existing trees that are at least 15 feet high and 15 feet in width may be used to satisfy this requirement. Building Design Standards. ADUs shall conform to adopted single-family infill standards in Section 18.42.070.C. Size of unit. a.The minimum size of an ADU is a total floor area of 150 square feet. b.The total floor area of an ADU attached to a primary dwelling unit shall not exceed 50"3/0 of the total floor area of the existing primary dwelliqci or 1,000 square feet. whichever is reater save and exce t (d and e below. c.The total floor area of a detached ADU shall not exceed 1,000 square feet save and except (d) and (e) below, d.A detached ADU may have a total floor area up to 1,200 square feet if all the following requirements are met: 1. The front setback of the ADU exceeds the front setback of the existing_ o.r proposed primary dwellinc unit. 2. No existing parking spaces are removed or the existing spaces are replaced with coverecf parking. 3. one acitional oar Dina scace is rovided for the ADU. e.An ADU constructed within the footprint of an existing dwelling or a detached structure shall not be subject to a maximum square footage of total floor area. f. As provided in state law, an attached or detached ADU with a maximum size of 850 square feet or 1 000 se ware feet with more than one bedroom shall be permitted in any circumstance subject to a maximum height of 16 feet, fourfoot side and rear setbacks, and compliance with all building codes, 15 484 of 550 . A minimum lot size shall not be required for an ADU under this ordnance. 10. No passageway shall be required for an ADU under this ordinance. 11. ADUs are only required to provide fire sprinklers if they are required for the primary residence. G. Limitations and other requirements 1. An ADU shall not be sold or otherwise conveyed separate from the primary residence. . An ADU may serve as a rental unit or be occupied by family members, quests, or in -home health care providers and others at no cost. . Neither the ADU nor the primary dwelling unit shall be rented for a term of less than 31 days. ADUs on multi -family properties shall be .subject to this provision, except the restriction shall not apply to existinc multi -family units. 4. Owner occupancy of the primary unit or ADU is not required. . Trash and recycling. Receptacles are required arc shall conform to the requirements of Section 7.10.040 of the Code of Ortinances. Prohibited units. No structure of a temporary nature shall_be used as a residence or ADU neither temporarily nor permanently. Refer to Section 18 . 0.0.A, Fees. An ADU with Tess than 750 square feet is exem t from any impact fees imposed by the city. For ADUs 750 square feet or more, impact fees shell be charged proportionately in relation to the square footage of the primary dwelling unit. 8 Before a building permit may be issued for an ADU, the record owner shall enter into an agreement with the City in a form that is approved by the City Attorney. The acreement shall include the following provisions; the ADU may not be sold or conveyed separately from the primary dwelling unit; the agreement may be enforced against future purchasers and the ADU ma not be renter for a perioc of Jess than 31 days. The city sha I submit the agreement to the county Recorder for recordation. The acreement shall run with the land for life of the ADU. H. Nonconforming zoning concitions. The correction of existing nonconforming uses, structures, or parcels pursuant to Chapter 18.11 shall not be required as a condition of approval for an ADU. 18.30.390 - Junior Accessory Dwelling Units. A. Purpose. The purpose of this section is to rovide for the construction of Junior Accessory Dwelling elling_ Knits (JADUs) in areas zoned to allowwresidential uses pursu_ant to Government 16 485 of 550 Code Section 65852.2L. JADUs helpadvance the goals and policies of the ity's Housing Element by: -1. Providing an affordable t • e of home to construct without the cost of acquiring new land, dedicated parking, and costly infrastructure; 2. Accor�nrtdtin new housing unitshile reservirp the character o istir neighborhoods; 3 Allowing efficient use of the city's existing ho acing stock an d infrastructure: Providing housing options and choices that res•ond to va ing income levels, chnain household sizes and rifest 1e needs; and, Providing a means for residents —particularly seniors, single parents, young singles, and younger couples to remain in their homes and neighborhoods, and obtain and preserve incomesecurity, corpanionship, and assistance. B. Consistency with state law. This section is intended to be consistent with Government Code Section 65852.22. if inconsistency is found w th_t is section and state Ian, state law shall prevail. C. Definitions. For the purposes of this section unior accessory dwellin unit (JADU) is defined in Section 18.50.00, D. JADUs permitted. 1. One JADU is permitted on a lot if the fo11odvinq are met: a.The lot includes a proposed or existing single-family dwelling. b,The lot is in a zone that allows for a residential use as indicated in Table 18.20.020, c.The JADU meets the standards of subsection F. d.There is no existing ADU or JADU on the ot or there is an existing detached ADU that does not exceed a total floor area of 800 square feet and does rot exceed a height of 16 feet, e,The proposed JADU is located where the city roger or his/her designee has not determined that ublic utilities or services are inadequate or the JADU will adversely impact traffic flow or public safety. E. Review, The approval of a JADU is subject to a ministerial decision process outlines ire Section 18.12.030. For the purposes of this subsection, a staff person designated by the city manager shall review and act on a building permit application for_a JADU within 60 days after a comps to application is received. A JADU proposed with a permit application fora new primary dvi llinq shall not be approved until the Primary dwelling receives approval. F Development standards. 17 486 of 550 1, A JADU may have a total floor area of not less than 150 square feet and not more than 500 square feet, and is permitted within an existing or proposed single-family residential dwelling unit, A JADU constructed within an existing structure may construct an additional 150 square feet for ingress and egress only. A JADU shall have a separate exterior entry from the primary dwelling unit and shall provide a kitchen or an efficiency kitchen. Parlinq. Replacement parking spaces are required when a JADU s createc within an existing attachedgarage. Covered spaces are not rewired. G. Limitations and other requirements. 1. The owner must occupy the single-family residence in which the JADU will be permitted. The owner may reside in either the remaining portion of the structure or the newly created JADU. Owner -occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization Before a building permit may be issued for a JADU, the record owner shall enter i t n agreernent with the City in a form that is approved by the City Attorney, The agreement shall include the folloy1 in � provisions: the AD r not sold at - conveyed seoarately from the primary d�wunit: the a_reernent may be enforced aaaainst future urchasers: the JADU shell not be rented f wa period of less than 31 days: and the record owner shall reside on the premises. The City shall submit the agreement to the County Recorder for recordation. The acreement shall run with the land for life of the JADU: Table 18.4 . 0 ^ Schedule of Off -Street Parking Requirements by Land Use partial) Uses and Structures Minimum Parking Spaces Required (Unless Otherwise Specified) Residential Uses Dwelling, single detached (RS-1 zone) 2 covered spaces, plus one additional uncovered space per bedroom greater than four bedrooms or one additional uncovered space for dwellings greater than 2 50o SF, whichever is greater. 18 487 of 550 Wes and StruStructures Minimum Parking Spaces Required (Unless Otherwise Specified) Dwelling, single detached (all other RS and RM zones, except within the Westside Specific Plan area) One covered space and one uncovered space, plus one additional uncovered space per bedroom greater than four bedrooms or one additional uncovered space for dwellings greater than 2,500 SF, whichever is greater. Dwelling, single attached 1.5 spaces per dwelling unit in a garage or carport Dwelling, multiple 1.3 spaces per 1-bedroom dwelling unit plus 1.5spaces per 2-bedroom or more unit, and conveniently located guest parsing of YZ space per unit for 20 units or less, plus space for each unit over 20. Half of the required guest parking spaces may include parking spaces on dedicated public streets along the sides of the streets that are adjacent to the site. Fraternity, sorority house, or dormitory 1.5 spaces for each sleeping room Mobile home parks 2 spaces per unit Rectory 1 garage space per bedroom Rooming or boarding house 1 space per guest room dwelling unit space in addition to primary residence parking -ram,, uirement Chapter 18.50 — GLOSSARY Second unit. " c-o-Fi°, exi-sting primary residence or built in conju i ndopo nt I•i ing-faeilft es for one or more arsons Seconc units arc also refarrod-te-as "accessory dweilln units," 'tin_I ," �� '1 e-� f 19 488 of 550 c-afiriage-lqe-u-se :-P--gree-e-Rid-u-r4-ts-FfRay be, attacinied-teor Refor to SeGti4an-I8,21,-0-5-0-far-seGo.Rei-u-nit-Fegal-ati-e-n-s: mary residence. Accessory Dwelling Unit Vi%D1J): "Accessonr aivel nci Unit" means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a_ lot with a propozi or existing primary residence. It shall include permanent provisions for living, sleepingating, cookingnd sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An ADU also includes an efficiency unit and a manufactured home as defined in Section 18007 of the Health and Safety Code. Refer to Section 18.030.380 for ADU regulations. Junior Accessory Dwelling Unit (JADU): "Junior Accessory aNelling Unit" means a unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A JADU may include separate sanitation facilities, or may share sanitation facilities with the existing structure. Refer to Section 18.030.390 for JADU regulations. 70 489 of 550 DT]i E OF PUBLIC HEARING 0T1 EIS HEREBY GlVEN that the City Council of the City of National City will hold a Public Hearing after the hour of 6:00 p.m., Tuesday, September 2021, via LIVE WEB AST from the City Council Chambers, Civic Center, 1243 National City Blvd., National City, CA., to consider: INTRODUCTION OF AN ORDINAr.'‘ICE OF THE CITY COUNCIL OF THE CITY OF NATJONAL CITY AMENDNG SECTIONS 1 .2O (ZONE CLASSIFICATONS), 1 . 1.04O (DEVELOPMENT STANDARDS RESIDENTIAL ZONES), 1 . 1.0 (SECOND UNITS), 13.45 (OFF-STREET PARKING AND LOAD G), AND 18.50 (GLOSSARY), AND AMMON OF SECTIONS 18.30.380 AND 18,30.390 OF T]TLE 1 (ZONING) OF THE NATiONAL CTY MUMCIPAL CODE RELATED TO ACCESSORY DWELLING UNITS AND JUMOR ACCESSORY DWELLING UNITS. Due to the precautions taken to combat the spread of coronavirus (CCVID- 19), the City Council Chambers, are closed to the public. Anyone interested in this Public Hearing may view the City Council Meeting on the City's webpage at http ://w r .n ticn 1cityca. ov/w►ebcast Interested parties may register to speak during the City Council zoom meeting, but must register by 4:00 p.m. the day of the meeting. The City Council will also accept written public comments regarding this matter via e-mail sent to cler nationalcityca v. Written comments from the public (limited to a maximum of three minutes) must be submitted via e-mail by 4:00 p.m. on the day y of the City Council Meeting. For information on registering to speak or on submitting written comments, please visit the City Clerk's webpage at http ://www.nationalcityca.gov/ overnmentfcity-cler /public-connment , If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this notice via e-mail, or through written correspondence delivered to the undersigned prior to the Public Hearing. August 24, 2021 Shelley Chapel, Deputy City Clerk Published in the Star News: Friday, August 26, 2021. ATTAUHMENT 1 490 of 550 RESOLUTION NO. 2021-07 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, I..ECOMMENDING ADOPTION TO THE CITY COUNCIL OF A CODE AJvIE D EI'NT AMENDING IN SEC T IOI` s 18.20.020 (ZONE CLASSIFICATIONS), 18.21.040 (DEVELOPMENT IT STANDARDS RESIDENTIAL ZONES), 18.21.050 (SECON DUNITS), IT ), 18.45 (OFF-STREET PARKING 1+ AND LOADING), AND 18.50 (GLOSSARY), AND ADDITION OF SECTIONS 18.30.3 0 AND 18.30.390 OF TITLE 18 (ZONING) OF THE NATIONAL CITY MUNICIPAL CODE. APPLICANT: CITY -INITIATED. CASE FILE NO. 2021-18 A WHEREAS, pursuant to the terms and provisions of the Government Code of the State of California, proceedings were duly initiated for the amendment of the National City Municipal Code, per Title 1 (Zoning); and, WHEREAS, the Planning Commission of the City of National City, California, considered said proposed amendment at a duly advertised public hearing held on August 16, 2021 at which time the Planning Commission considered evidence; and, WHEREAS, at said public hearings the Planning Commission considered the staff report provided for Case File No. 2021-18 A, which is maintained by the City and incorporated herein by reference; along with any other evidence presented at said hearing; and, WHEREAS, the Planning Commission recommends adoption to the City Council of the City of National City amendment to Sections 18.20.020 (Zone Classifications), 18.21.040 (Development Standards Residential Zones), 18.21.050 (Second units), 18.45 (Off-street Parking and Loading), and 18.50 (Glossary), and addition of sections 18.30.380 and 18.30.390 of Title 1 (Zoning) of the National City Municipal Code; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, this action is taken in an effort to comply with applicable State and Federal law; and, WHEREAS, the action hereby taken is found to be essential for the preservation of the public health, safety and general welfare. ATTACHME\T 22 491 of 550 NOW, THEREFORE, BE IT RESOLVED by the City Planning Commission of the City of Nationa City, California, that the evidence presented to the Planning Commission at the public hearing held on May 4, 2020, support the foflowing findings; 1. That the proposed amendments to Sections 18.20.02(}, 18.21.040, 98,21.050, 18.45, and 1 8.50, and addition of Sections 15.30.384 and '! 8.30,390 are consistent with the General Plan, as Goal H-1 encourages the maintenance and enhancement of the quality of existing residential neighborhoods and Goal H-4 encourages the provison of a sufficient number of housng snits and range of housing types to meet the current and projected needs of all economic segments of the community. 2, That the proposed amendments have been reviewed and been.found to comply with the California Environmental QuaUty Act (CEQA); the amendments are not considered to be a project under CEQA. Any permits issued in relation to Accessary Dwelling Units (ADUs) or Junior Accessory Dwelling Units (JADUs) would be ministerial and thus not subject to CEQA. BE IT FURTHER RESOLVED that copies of this ResoJuton be transmitted forthwith to the applicant and to the City Council. CERTI FICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of August 16, 2021r by the following vote: AYES: DelaPaz, Roman, Sendt, Valenzuela, Yam= NAYS; ABSENT:Natividad, Sanchez ABSTAIN: 23 492 of 550 j., coo..1Fonokr-sr, ONALCI 3 31VCORpott.tft13 Public Hearng Code Amendments of N:'CMC Secfions 18.20.020, ' 8.21.040, i821O5O, 18:45, and i85O, and Addition of Sections 18.3ft38O and i8.3O39O Related to Accessory Dwelling Units and Junior Accessory Dwelling Units vrv: Housing production not keeping pace with demand Lack of housing is impacting affordability and causing average housing costs to rise significantly Widening the range of housing types can increase the housing supply and help more low-income residents th rive In addition to expanded housing options, a robust ADU Ordinance will help the City to meet its RHNA allocation (5,437) The Ordinance also consistent with goals and policies of the Housinc Eleent, and with state ADU regulations ATTACHMENT 24 493 of 550 Overview (cont.); What is an D An ADU is a complete independent living facility for one or more persons and has a few variations: • Detached: Separated from the primary structure • Attached: Unit is attached to the primary structure • Converted E i tinct Space: Space (e.g., attached garage, storage area, or accessory structure) on the lot of the primary residence that is converted into an independent living unit What is a JAM!? JAM) J u nior Accessory Dwelling Unit) is a specific type of conversion of existing space that is contained entirely within an existing or proposed single-family residence Overview(Contj: Current regulations related to Accessory Dwelling Units (ADDS) in Section 1. 1,0 o of the Land Use Code (LUC) are voided by State lave Most recent updates to sections related to ADUs and Junior Accessory Dwelling Units (JADUs)took effect January 1, 2021 • Approval ofADUs and Ma's s in National City are currently regulated by State lava unless the City adopts an ordinance in compliance to the most recent changes • State law also mandates that cities should encourage ADUs • Staff also working on a draft ordinance related to Mobile Tiny Homes 25 494 of 550 Proppsed ..Changes: • Remove Section 18.21.050 of the LUC related to "Second Units" > Adopt new ordinances under Section 18.30.380 for ADUs and Section 18.30.390 for JADUs • Clean up related sections such as land uses, off-street parking, and definitions for consistency with new sections Intention is to clarify the regulations that permit itADUs and JADUs in the City a.s well as promote compatibility of these housing types within existing neighborhoods. Proposed Changes Proposed changes for ADLis that are in addition to State requirements include: • Allow ADA to be constructed over garages • Establish a minimum front setback of 15 feet and side and rear setbacks of four feet • Require a tree in the front yard ADU setback or abutting parkway • Require conformance with existing single-family infill standards • Reduce the maximum size of most detached ADUs to 1,000 square feet. 1,2.00 square feet is p rmissible if certain requirements are met An ADU constructed within the footprint of an existing home will not have a maximum size ' 26 495 of 550 Proposed Changes : Proposed changes for JADUs that are in addition to State requirements include: Permitting JAIUs on lots with an existing single-family dwelling that are zoned to allow residential use. This will clarify that J DUs are permifted in Mixed -Use zones. findings:, ,General Plan Conformance Consistent with current Housing Element Goal i-l- : Maintain and enhance the quality of existing residential neighborhoods Goal HA Provide a sufficient number of housing units and range of housing types to meet the current and projected needs of all economic segments of the community. Consistent with draft Housing Element for next cycle Policy 1.4: Promote the development of accessory dwelling units (ADUs)throughout National City to meet residential housing needs. CEQA Compliance. Amendments not considered a project under CEQA 27 } 496 of 550 Public Comment: Comments were received from a property owner asking that 2-story ADUs be permitted in cases of an existing sin.gle-story home The existing and proposed language generally requires DUs to match design of primary dwelling (e1g. number of stories, roof pitch, etc.) Proposed Ordinance allows 2-story A Us on lots with single -story primary residence for Tots ft2 Property owner still wishes to construct 2-storys, regardless of It size Summary/ Next Steps; Adoption of Ordinance .Staff will prepare an ADU policy handbook to guide property owners on the DU!J DU process: Building permits Fire Department requirements Utility questions (gas/electric, water, sewer) Publish information on City website 28 497 of 550 Op tions: Introduce the Ordinance approving the amendments to Sections 18.20.020, 1 . '1. 4 , '18. 1. 0, 18.451 and 18.50, and addition of Sections 18.30.380 and 18.30.390 of the Land Use Code based on the attached findings or findings to be determined by the City Council; or Continue the item to a specific date. > File the report (Deny amendments) 29 498 of 550 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City ratifying and authorizing the Mayor to execute a one- year agreement between the City of National City and McAlister Institute for Treatment and Education, Incorporated ("McAlister") for the provision of homeless case management and supportive services for an amount not to exceed $313,532. (Housing Authority) Please scroll down to view the backup material. 499 of 550 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September `, 2021 AGENDA ITEM NO.1 ITEM TITLE: Resolution of the City Council of the City of National City,California, ratifying and authorizing the Mayor to execute a one-year agreement between the City of National City and McAlister Institute for Treatment and Education, Incorporated ("McAlister") for the provision of homeless case management and supportive services for an amount not to exceed $313,532. PREPARED BY: Angelita Palm Housing Programs Manager PHONE: (619) 3 6-4 19 EXPLANATION: See attached explanation. DEPARIMEN Housing Authority APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: Finance APPROVED: MIS Revenue Account: 01-454 7- 4 - Permanent Local Housing Allocation - S313,532 Expenditure Account: 501-419- 77-* - Permanent Local Housing Allocation- $313,532 Funds are available through appropriations authorized by City Council Resolution 2021-90 on June 15, 2021, There is no match required from the City's General Fund for the agreement with McAlister. ENVIRONMENTAL REVIEW: No CEQA Exemption - This action is not subject to review under the California Environmental Quality Act (CEQA). ORDPNAI CE_ INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: Not applicable to this report. ATTACHMENTS: 1. Background 2. Agreement 3. Resolution i 500 of 550 City of National City September 7, 2021 Staff Report Explanation Resolution of the City Council of the City of National City, California, ratifying and authorizing the Mayor to execute a one-year agreement between the City of National City and McAlister Institute for Treatment and Education, Incorporated ("McAlister") for the provision of homeless case management and supportive services for an amount not to exceed $313,532. Background On August 18, 2020, City Council adopted a resolution to ratify the application for the Permanent Local Housing Allocation (PLHA) Program and appropriate the first year of funding for emergency rental assistance that may be used to assist households impacted by COVID-19, which are currently experiencing homelessness, or at risk of becoming homeless. The PLHA program provides an ongoing funding source that can be paired with other one-time State and Federal funding sources; however, no match is 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. 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. On June 15, 2021, staff recommended amending the PLHA approved Plan. 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, supportive/case 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 its PLHA Funds for the pre -development, 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 150 percent of Area Median Income (AMI). ADUs shall be available for occupancy for a term of no less than 30 days. The McAlister Institute (McAlister) has been conducting outreach and case management in National City through a contract with the County of San Diego; however, McAlister's contract with the County closed on June 30, 2021. To continue and augment homeless outreach efforts, case management, emergency services Resolution 2020-90 Section 3, signed on June 15, 2021, approved entering into an agreement with McAlister subject to City Council ratification. McAlister has two (2) homeless outreach workers dedicated to serving National City through their South Bay Women's Recovery Center (SBWRC). This year, SBWRC homeless outreach workers have served 808 unduplicated persons and made 1,102 contacts in National City. McAlister's outreach and case management staff brings extensive experience in outreach to engage, identify, Page 1 of 14 501 of 550 accept, and receive referrals of homeless individuals who would benefit from case management services and who need housing support. Once an individual is identified, McAlister's integrated treatment team and network of homeless service provider partners collaborate to create a pathway to housing. With the Approval of the PLHA Plan, funding is now available for McAlister to provide rapid rehousing, rental assistance, and supportive/case management services that allow people to obtain and retain housing: • Rapid Rehousing will be used to provide housing relocation and stabilization services and short and/or medium rental assistance as necessary to house households as quickly as possible into permanent housing and achieve stability. • Rental assistance will be available to households for at least six (6) months. • Street Outreach funds will be used to provide essential services necessary to reach out to unsheltered homeless people and connect them with emergency shelter, housing, or critical service. • Supportive/Case Management will assess, arrange, coordinate, and monitor the delivery of individualized services to meet the needs of the program participants (24 CFR Section 576.101). Page 2 of 14 502 of 550 AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND MCALISTER INSTITUTE FOR TREATMENT & EDUCATION, INC. THIS AGREEMENT is entered into on this day of , 20 , by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and MCALISTER INSTITUTE FOR TREATMENT & EDUCATION, INC. ("McAlister Institute"), a California nonprofit corporation (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide homeless case management and supportive services. WHEREAS, the CITY has determined that the CONSULTANT is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CITY agrees to engage the CONSULTANT to provide homeless case management 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, 2022. Completion dates or time durations for specific portions of the project are set forth in Exhibit "A". This Agreement may be extended by mutual agreement upon the same terms and conditions for an additional one (1) year term. The Parties may exercise up to three one- year extensions. Any extension of this Agreement must be approved by Resolution of the City of National City. 3. SCOPE OF SERVICES. The CONSULTANT will perform services as set forth in the attached Exhibit "A". The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONSULTANT shall appear at meetings specified in Exhibit "A" to keep staff and City Council advised of the progress on the project. The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith Page 3 of 14 503 of 550 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 Neighborhood Services Manager is hereby 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. The South Bay Enhanced Services Center (SBESC) Manager is thereby 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 $313,532. 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, and other documents prepared by the CONSULTANT for this project, whether paper or electronic, shall: (1) be free from defects; (2) become the property of the CITY for use with respect to this project; and (3) shall be turned over to the CITY upon completion of the project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CITY, and CONSULTANT thereby expressly waives and disclaims any copyright in, and the right to reproduce, all written material, drawings, plans, specifications, or other work prepared under this Agreement, except upon the CITY'S prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium, or method utilize the CONSULTANT'S written Standard Agreement Revised January 2021 Page 2 of 12 City of National City and McAlister Institute for Treatment & Education, Inc. Page 4 of 14 504 of 550 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. CITY understands that services provided by CONSULTANT may be clinical in nature, containing confidential, medically privileged or other privacy protected information. As such, documents of a clinical nature are not subject to this paragraph. 8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT'S employees are employees of the CITY, and are not entitled to any of the rights, benefits, or privileges of the CITY'S employees, including but not limited to retirement, medical, unemploy- ment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT'S employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement, nor any interest herein, may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or SUBCONSULTANTS, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its SUBCONSULTANT(S) shall require the SUBCONSULTANT(S) to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CITY, nor its officers, agents, or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT'S employees, except as set forth in this Agreement. The CONSULTANT, or the CONSULTANT'S agents, servants, or employees are not in any manner agents, servants, or employees of the CITY. The CONSULTANT and its agents, servants, and employees are wholly independent from the CITY and CONSULTANT'S obligations to the CITY are solely prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable state and federal statutes and regulations, and all applicable ordinances, rules, and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT and each of its SUBCONSULTANT(S), shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally Standard Agreement Revised January 2021 Page 3 of 12 City of National City and McAlister Institute for Treatment & Education, Inc. Page 5 of 14 505 of 550 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 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 CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such Standard Agreement Revised January 2021 Page 4 of 12 City of National City and McAlister Institute for Treatment & Education, Inc. Page 6 of 14 506 of 550 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 CONSULTANT'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, CONSULTANT 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. CONSULTANT'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. CONSULTANT's employees hereby waive any claims to benefits or compensation described in this Section 16. This Section 16 applies to CONSULTANT Standard Agreement Revised January 2021 Page 5 of 12 City of National City and McAlister Institute for Treatment & Education, Inc. Page 7 of 14 507 of 550 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 CONSULTANT under this Agreement shall be the full and complete compensation to which CONSULTANT and CONSULTANT's officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither CONSULTANT nor CONSULTANT'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 CONSULTANT. The CITY shall not be required to pay any workers' compensation insurance on behalf of CONSULTANT. 16.3 Indemnification for Employee Payments. CONSULTANT 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) CONSULTANT, (2) any employee of CONSULTANT, or (3) any employee of CONSULTANT 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. 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 Standard Agreement Revised January 2021 Page 6 of 12 City of National City and McAlister Institute for Treatment & Education, Inc. Page 8 of 14 508 of 550 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. 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 CONSULTANT does not keep all insurance policies required by this Section 18 in full force and effect at all times during the term of this Agreement, the CITY may treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. J. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. CITY reserves the right to modify the insurance requirements of this Section 18, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. K. If the CONSULTANT maintains broader coverage or higher limits (or both) than the minimum limits shown above, the CITY shall be entitled to the broader coverage or higher Standard Agreement Revised January 2021 Page7of12 City of National City and McAlister Institute for Treatment & Education, Inc. Page 9 of 14 509 of 550 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 either party. Termination without cause shall be effective only upon 30-day's written notice. 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 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 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 Standard Agreement Revised January 2021 Page 8 of 12 City of National City and McAlister Institute for Treatment & Education, Inc. Page 10 of 14 510 of 550 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: Manager Neighborhood Services City of National City 1243 National City Boulevard National City, CA 91950-4397 To CONSULTANT: Chief Executive Officer McAlister Institute for Treatment & Education, Inc. 1400 N. Johnson Avenue, Suite 101 El Cajon, CA 92020 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. 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. Standard Agreement Revised January 2021 Page 9 of 12 City of National City and McAlister Institute for Treatment & Education, Inc. Page 11 of 14 511 of 550 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 this Agreement shall be in either state or federal court in the County of San Diego, State of California. J. Audit. If this Agreement exceeds ten -thousand dollars ($10,000), the parties shall be subject to the examination and audit of the State Auditor for a period of three (3) years after final payment under the Agreement, per Government Code Section 8546.7. K. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. L. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. Standard Agreement Revised January 2021 Page 10 of 12 City of National City and McAlister Institute for Treatment & Education, Inc. Page 12 of 14 512 of 550 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. 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: Gabriela M. Torres Deputy City Attorney Standard Agreement Revised January 2021 McALISTER INSTITUTE FOR TREATMENT & EDUCATION, INC. (Corporation — signatures of nvo corporate officers required) (Partnership or Sole proprietorship— one signature) By: Page 11 of 12 Jeanne McAlister (Print) Chief Executive Officer (Title) Marisa Varond (Print) Executive Director (Title) City of National City and McAlister Institute for Treatment & Education, Inc. Page 13 of 14 513 of 550 AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND MCALISTER INSTITUTE FOR TREATMENT & EDUCATION, INC. EXHIBIT A - SCOPE OF SERVICES Homeless Case Management Services The target population for the provision of Homeless Case Management Services are individuals who are homeless or at risk of homelessness and who may have a serious mental illness and/or substance use disorder. Homeless Case Managers designate a portion of their time for street outreach, with the remaining time serving designated individuals with case management services. This includes the following: • Outreach and engagement in accordance with the San Diego Continuum of Care Street Outreach Standards • Screening for mental health, physical health, and substance use disorders • Linkage to services which may include: > Mental Health > Housing > Substance Use Disorder > Employment Services > Physical Health > Advocacy > Social Services > Other services as indicated • Referral and placement in emergency homeless shelters • Short-term care coordination and case management with average caseload of 25 clients • Coordination and collaboration with other providers to include psychiatric hospitals and other fee -for -service (FFS) providers. • Complete Vulnerability Index -Services Prioritization Decision Assistance tool (VI-SPADT) for clients engaged for services. • Data entered into the Homeless Management Information System (HMIS) Coordinated Entry System (CES) and Services Point. • Collaboration with Community Through Hope to address basic needs. Homeless Case Managers (HCMs) respond to community requests, as directed by the City. HCMs will be notified of any known environmental safety hazards at the time of the initial referral and HCMs will notify the City of any safety concerns identified. HCMs will complete a follow up report for the requested activities. Reporting Requirements Monthly and year-end summary report will be due 15 days following the end of the previous month and 15 days following the end of the year. Report should be emailed to the City's Project Coordinator. Monthly and year-end reports provided should include a Homeless Outreach Case Management Data Collection Log and an Outreach Tracking Log. Page 14 of 14 514 of 550 The following page(s) contain the backup material for Agenda Item: Notice of Decision — Planning Commission approval of a Conditional Use Permit for the addition of live entertainment and expansion of approved operating hours for alcohol sales at an existing restaurant (Gerry's Grill) located at 3030 Plaza Bonita Road, Suite 2510. (Applicant: Steve Rawlings) (Case File 2021-12 CUP) (Planning) Please scroll down to view the backup material. 515 of 550 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 7, 2021 AGENDA► ITEM NO. I ITEM TITLE: Notice of Decision — Planning Commission approval of a Conditional Use Permit for the addition of live entertainment and expansion of approved operating hours for alcohol sales at an existing restaurant (Gerry's Grill) located at 3030 Plaza Bonita Rd. Suite 2510. (Applicant: Steve Rawlings) (Case File 2021-12 CUP) /1/iL PREPARED BY: Martin Reeder, AICP PHONE: 619-336-4313 EXPLANATION: Gerry's Grill has applied for a Conditional Use Permit (CUP) modification to extend the hours of operation to 11:00 p.m. Sunday through Thursday and to 1:00 a.m. on Fridays and Saturdays. The applicant is also requesting to offer live entertainment on Thursdays, Fridays, and Saturdays. DEPARTMENT: Communes Development APPROVED BY: The Planning Commission conducted a public hearing on August 16, 2021. Commissioners asked questions regarding business operations and the proposed entertainment hours of operation. The Commission voted to recommend approval of the request based on the attached findings and recommended Conditions of Approval, modifying the applicant's request of closing at 1 a.m. on Fridays and Saturdays to midnight. A condition was added to require licensed security during performances. The attached Planning Commission staff report describes the proposal in detail. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: Not a project per California Environmental Quality Act (CEQA) ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD ! COMMISSION RECOMMENDATION: The Planning Commission recommended approval of the Conditional Use Permit. Ayes: DelaPaz, Roman, Sendt, Valenzuela, Yamane Absent: Natividad, Sanche ATTACHMENTS: 1. Overhead . Resolution. No. 2021-06 Planning Commission Staff Report 4. Reduced Plan§ d, C 7) .—3030 Pftiza Bonita r„ #2510 - Overhead 411esineg' ATTACHMENT I 1 517 of 550 Title: item no. 4 August 16, 2021 COMMUNITY DEVELOPMENT DEPARTMENT - PLANNING DIVISION 1243 NATIONAL CITY BLVD.1 NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT PUBLIC HEARING —CONDITIONAL USE PERMIT FOR THE ADDITION OF LIVE ENTERTAINMENT AND EXPANSION OF APPROVED OPERATING HOURS FOR ALCOHOL SALES AT AN EXISTING RESTAURANT (GERRY'S GRILL) LOCATED AT 3030 PLAZA BONITA ROAD, SUITE 2510 Case File No.: 2021-12 CUP Location: Westfield Plaza Bonita Assessor's Parcel Nos.: 561-471-07 Staff report by: Martin Reeder, AMP — Principal Planner Applicant: Rawlings consulting Zoning designation: MXD-2 (Major Mixed -Use District) Adjacent use and zoning: North: Single -Family Residential across Sweetwater Rd. / RS-2 (Small Lot Res.) East: Bonita Creek development / RS-3 (Medium -Low Den. Multi - Unit Res.) South: Sweetwater River Park/ OS (Open Space) West: Interstate 805 Freeway / OS Environmental review: Not a project per California Environmental Quality Act (CEQA) as defined in section 15378 Staff recommendation: Approve ATTACHMEN T 2 518 of 550 Planning Commission Meeting of August 16, 2021 Page 2 Staff Recommendation Staff recommends approval of the request for extended operating hours and for live entertainment, subject to the attached recommended conditions. The sale of alcohol and live entertainment are conditionally -allowed uses in the Major Mixed - Use District zone and would be accessory to food sales at the restaurant. Executive Summary The property was originally approved for a CUP for alcohol sales in 2007 in association with El Torito restaurant, which has since dosed. The current business (Gerry's Grill) applied for a new Conditional Use Permit (CUP) in 2018 to replace the then -expired El Torito SUP. The applicant is applying for a CUP modification to extend the hours of operation to 91:00 p.m. Sunday through Thursday and to 1:00 a.m, on Fridays and Saturdays. The applicant is also requesting to offer live entertainment on Thursdays, Fridays, and Saturdays. Site Characteristics The project site is Gerry's Grill, a restaurant at the southwest entrance to the Westfield Plaza Bonita shopping center. The mall is located in the southeast corner of National City, south of Sweetwater Road on a 71-are site in the Major Fixed -Use District XD zone, and it includes approximately 1,0 ,00O square feet of building area and 4,400 parking spaces. Gerry's Grill is a 6,962 square foot restaurant with 145 indoor seats, including a bar and lounge area, and 28 outdoor seats in a fenced patio area. The patio faces the parking lot to the west, with Plaza Bonita Road and Interstate 805 beyond. The restaurant has been in business since 2018. There are currently seven restaurants with CUPs for on -site alcohol sales at Westfield Plaza Bonita, including the subject restaurant. Gerry's Grill is Iocated on the west side of the mall facing the Sweetwater River Park area. No residences are in this area. Proposed Use The applicant is proposing to expand the approved hours of operation for beer and wine sales and add live entertainment at the restaurant. Proposed operating hours are 11:00 a.m. to 11:00 p.m. Sunday through Thursday and 11:00 a.m. to 1:00 a.m. Friday and Saturday. Live entertainment is proposed Thursday solo p performer) from 7:30 p.m. to 10:00 p.m. and Friday and Saturday (hand) from 8:30 p.m. to 11:30 p.m. No dancing is proposed. 3 519 of 550 Planning Commission Meeting of August 16, 2021 Page 3 Analysis The latest that other restaurants in Wesfield Plaza Bonita were open was midnight. However, that restaurant (Hooters) has since closed. With the restaurant being on the opposite side of the mall to residences, and with it having a separate entrance, the chance for noise impacts is reduced. Nonetheless, Condition of Approval has been added to require compliance with the maximum noise standards in Table 111 of Title 1 (Noise) of the Municipal code. Although extended hours of alcohol sales increase the potential for consuming more alcohol, Conditions of Approval required Responsible Beverage Sates and Service (RBSS), which aims to reduce the likelihood of over -consumption of alcohol. Section 18.30.050 of the Land Use Code allows for on -site alcohol sales with an approved CUP. Additional requirements for alcohol GPs include expanded notification, a community meeting, and distance requirements. The . same is required for modification of an existing CUP. Mailing — All property owners and occupants within a distance of 660 feet are required to be notified of a public hearing for alcohol -related CUP applications. Notice of this public hearing was sent to 530 occupants and owners. CommunityMeeting - Pursuant to Section 1 .30.0 0 of the National city Zoning Code, a community meeting was held Monday, July 19, 2021 at 5:00 p.m. at the subject restaurant. The meeting advertisement is attached (Attachment 9); there was one attendee from the Institute for Public Strategies (IPS). The applicant stated that the same 530 occupants and owners that were notified of the Planning Commission meeting were notified of the community meeting. Distance Requirements -Chapter 18.030.050 (D) of the National City Zoning Code requires a 660-foot distance from any public school; there are no schools within 660 feet of the site. In addition, restaurants with greater -than 30% of their area devoted to seating are exempt from this distance requirement. The property in question has over 40% of its floor area devoted to seating. Alcohol Sales Concentration/Location Per the California Department of Alcoholic Beverage Control (ABC), there are currently 10 on -site sale licenses in this census tract (32.04) where a maximum of four are recommended, meaning that the census tract is considered by ABC to be over -saturated with regard to alcohol sales outlets however, one of the 10 4 520 of 550 Planning Commission Meeting of August 16, 2021 Page 4 outlets is the subject business. For reference, there are seven on -site alcohol outlets in the census tract within National City (the other three are in Chula Vista). The outlets are: Name Address Applebee's 3030 Plaza Bonita Road #1298 Red Robin License Type* �CUP 47 3030 Plaza Bonita Road #2520 47 Broken Yolk Outback Steakhouse 3030 Plaza Bonita Road #1106 41 2980 Plaza Bonita Road 47 Gerry's Grill 3030 Plaza Bonita Road #2510 47 Funky Burgers & Fries Crab Pub Y Y Y Y 3030 Plaza Bonita Road #1108 41 Y 3030 Plaza Bonita Road #1430 41 Y * Type 41 - On -Sale of Beer and Wine * Type 47 - On -Sale of Beer, Wine, and Liquor Census tract 32.04 includes the area south of the Interstate 54, north of Bonita Road, west of Sweetwater Road, and east of the Interstate 805. The attached census tract map shows the location of the subject tract (Attachment 7). Hours of operation The current CUP limits alcohol sales to 11:00 p.m. Proposed operating, hours are 11:00 m. to 11:00 p.m. Sunday through Thursday (no change) and 11:00 .m, to 1:00 am. Friday and Saturday. Live entertainment is proposed Thursday (solo performer) from ; 30 p.m. to 10:00 p.m. and Friday and Saturday (band) from 8:30 p.m. to 11:30 p.m. The Police Department rates businesses where the sale of alcohol occurs after 11:00 p.m. as a `three" on their rating system, which usually indicates a higher risk. Police Department (PD) The ABC Risk Assessment provided by PD allocated a total of 16 points, which places it in the Medium Risk category. Medium risk is considered 13 to 18 points. The addition of live music (without dancing} added two more points to the score from the previous CUP Risk Assessment in 2018. Institute for Public Strategies IPS provided comments (Attachment chment recommending RBSS training for all staff. This is a condition of the previous approval and will remain for the current request, if approved. 5 521 of 550 Planning Commission Fleeting of August 16, 2021 Page Public Comment No public comment was received as part of the public hearing notice. However, one community member raised concerns at a recent City Council meeting after receiving notice of the community meeting. Concerns were related to increased alcohol consumption and incidents of intoxicated driving. Findings for Approval The Municipal Code contains six required findings for CUPs as follows: 1. The proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code. The use is allowable within the MXD-2 zone pursuant to a CUP and the proposed use meets the required guidelines in the Land Use Code for alcohol sales, as discussed in the staff report. 2. The proposed use is consistent with the General Plan and any applicable specific plan. Alcohol sales and live entertainment are permitted, subject to a CUP, by the Land Use Code, which is consistent with the General Plan. A restaurant use is consistent with the MXD-2 land use designation contained in the Land Use and Community Character element of the General Plan. 3. The design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity. No expansion of the building is proposed. The proposal involves an existing restaurant space, which was previously analyzed for traffic impacts when it was constructed. 4. The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints. 6 522 of 550 Planning Commission sion Meeting of August 13, 2021 Page The proposed alcohol sales and live entertainment would be accessory to the primary use offood sales. A restaurant existed on the site previously. . Granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located. The proposed use would be subject to conditions that limit the .hours that alcohol is served and the hours that live entertainment is conducted. All previous conditions of approval would continue to be in effect, except as modified by this request. 6. The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA)P The project is not considered a project under CEQA, as no development is proposed. In addition, the proposed use is similar to other commercial uses in the area, which are permitted in the MXD-2 zone. The following two findings are also included with alcohol CUPs: 7. The proposed use is deemed essential and desirable to the public convenience or necessi#y. In this case, live entertainment and the extension of operating hours will contribute to the viability of the restaurant, an allowed use in the MXD-2 zone. Findings for Denial Due to the high crime in the area, there is also a finding for denial as follows: I. Granting the pernlit would constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located. Extension of the hours that alcohol is served, in addition to live entertainment, may increase the propensity for over -consumption of alcohol and increase the potential for impacts to the surrounding area. 7 523 of 550 Planning commission Meeting of August 16, 2021 Page Conditions f Approval Previous conditions of approval not modified by this request will remain in place. Conditions of Approval include those specific to on -site alcohol sales per Council Policy 707 (hours of operation, employee training, accessory sales, etc.). Additional conditions modify existing hours, require that sale of alcohol only occur in conjunction with the sale of food, annual business license renewal (standard condition on new permits), and compliance with noise standards in the Municipal Code. Summary The proposed use is consistent with the General Plan due to alcohol sales for on - site consumption and live entertainment both being conditionally -allowed uses in the MXD-2 zone. The alcohol sales use would continue to be accessory to the existing restaurant use in an established commercial area. The addition of live entertainment, while increasing the potential for morphing, will also be accessory to the restaurant use. The inclusion of conditions requiring that alcohol not be sold without a food purchase, and requiring compliance with noise standards is intended to alleviate concerns related to area impacts. Options 1. Approve 2021-12 CUP subject to the conditions listed within, based on the attached findings, or findings to be determined by the Planning Commission; or 2. Deny 2021-12 CUP based on the attached finding or findings to be determined by the Planning Commission; ion; or, 3. Continue the item to a specific date in order to obtain additional information. 8 524 of 550 Planning Commission Meeting of August 16, 2021 Page Attachments Recommended Findings 2. Recommended Conditions of Approval 3. Overhead 4. . 6. 7. 8. 9. 10. Applicant's Plans (Exhibit A,, Case File No. 2021-12 CUP, dated 7/1/2021) Public Hearing Notice (Sent to 530 property owners & occupants) Public comment Census Tract & Police Beat Maps PD and institute for Public Strategies comments Community Meeting Advertisement Resolutions MARTIN REEDER, AICP Principal Planner ARMANDO VERGARA Director of Community Development 9 525 of 550 RECOMMENDED FINDINGS FOR PP O' AL 2021-12 CUP— Gerry's Grill The proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code, because the use is permitted within the MXD-2 zone pursuant to a CUP and the proposed use meets the required guidelines in the Land Use Code for alcoholsales, as discussed in the staff report. 2. The proposed use is consistent with the General Plan and any applicable specific plan, because alcohol sales and live entertainment are permitted, subject to a CUP, by the Land Use Code, which is consistent with the General Plan. restaurant use is consistent with the MXD-2 land use designation contained in the Land Use and Community Character element of the General Plan. 3. The design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity, because no expansion of the building is proposed. The proposal involves an existing. restaurant space, which was previously analyzed for traffic impacts when it was constructed. 4. The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints, because the alcohol sales and live entertainment would be accessoryto proposed the primary use of food sales. A restaurant existed on the site previously. 5. Granting the permit would not constitute a nuisance or be injurious of detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located, because the proposed use would be subject to conditions that limit the hours that alcohol is served and the hours that live entertainment is conducted. All previous conditions of approval would continue to be in effect, except as modified by this request. 6. The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA) and is not considered a project under CEQA, as no development is proposed. In addition, the proposed use is similar to other commercial uses in the area, which are permitted in the MXD-2 zone. 10 526 of 550 . The proposed use is deemed essential and desirable to the public convenience or necessity, because live entertainment and the extension of operating hours will contribute to the via iiity of the restaurant, an allowed use in the MXD-2 zone. RECOMMENDED FINDING FOR DENIAL 021-12 CUf—Gerr's Grill 1. Granting the permit would constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located, because extension of the hours that alcohol is served, in addition to live entertainment, may increase the propensity for over -consumption of alcohol and increase the potential for impacts to the surrounding area, 11 527 of 550 RECOMMENDED CONDITIONS OF APPROVAL 2018-22 CUP — 3430 Plaza Bonita Rd. #2510 General 1. This Conditional Use Permit authorizes the sale of alcohol for on -site consumption at a new restaurant located at 3030 Plaza Bonita Rd.. #2510, Plans submitted for permits associated with this project shall conform to Exhibit A, Case Fite No. 2018-22 CUP, dated 9/1112018. 2. Before this Conditional Use Permit shall become .effective, the applicant and the property owner shall both sign and have notarized' an Acceptance Form, provided by the Planning Department, acknowledging and accepting, all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Department that a Notice of Restriction .on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to fora by the City Attorney and signed by the Deputy,City Manager prior to recordation. 3: This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in the Municipal Code. 4. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. 5. This Conditional Use Permit may be revoked if the operator is found to be in violation of any Conditions of Approval. planning 6. All sellers of alcohol shall receive Responsible Beverage service and Sales (RBSS) training, including all owners, and managers, The RBSS training must be certified by the Department of Alcoholic Beverage Control (ABC). Proof of completion of an approved RBSS program must be provided prior to issuance of a city business license.. As part of the RBSS training, the permittee shall make available a domestic violence training session as provided by the Institute of Public Strategies. 7. The sale of alcoholic beverages shall be permitted only between the hours of 10:00 a.m. to 10:00 p.m. Sunday, 11:00 a.m. to 10:00 p.m. Monday through Thursday and 10:00 am. to 1 I :00 p.m. Friday and Saturday. 12 528 of 550 . The sale of alcohol shall not exceed the sale of food. With the annual renewal of the City business license, the business proprietor shall submit a statement clearly indicathig total alcoholic beverage sales and total food sales. Said statement shall be subject to audit and verification by employees of the city, who are authorized to examine,audit and inspect such books and records of the license, as may be necessary in their judgment to verify that the safe of alcohol does not exceed the sale of food. All information obtained by an investigation of records shall remain confidential. . Alcohol shall be available only in conjunction with the purchase of food. 10. Permittee shall post signs in the patio dining area, including all exits to outdoor seating areas, indicating that alcoholic beverages must be consumed inside the restaurant or patio area and may not be taken off -premises. 11. No live entertainment is permitted without modification of this CUP or issuance n of Temporary Use Permit. 13 529 of 550 CITY OF NATIONAL CITY - PLANNING DIVISION 1243 NATIONAL CITY BLVD.,, NATIONAL CITY, CA 91950 NOTICE o F P U B L I C HEARING CONDITIONAL USE PERMIT FOR THE ADDITION OF LIVE ENTERTAINMENT AND EXPANSION OF APPROVED OPERATING HOURS FOR ALCOHOL SALES AT AN EXISTING RESTAURANT (GERRY'S GRILL) LOCATED AT 3030 PLAZA BONITA ROAD, SUITE 2510. CASE FILE NO.: 2021-12 CUP The National City Planning Commission will hold a public hearing at their regular online meeting after the hour of 6:00 p.m. Monday, August 16, 2021, on the proposed request. The meeting will be LIVE WEBCAST from the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request. (Applicant: City -initiated) Due to the precautions taken to combat the continued spread of coronavirus (COVID-1 g), City Council Chambers are closed to the public. Anyone interested in this public hearing may observe it on the City's website at h tp.1wv. nationalcity a.gov/government 'cit - cl e rlco u n t i l-we b ca st. The applicant is proposing to expand the approved hours of operation for beer and wine sales and add live entertainment at the restaurant. Proposed operating hours are 11:00 a.m. to 11 p.m. Sunday through Thursday and 11:00 a.rn. to 1:00 a.m. Friday and Saturday. Live entertainment is proposed Thursday (solo performer) from 7:30 p.rn. to 10 p.m. and Friday and Saturday (band) from 8:30 p.m. to 11:30 p.m. Information is available for review at the City's Planning Division, Civic Center. Members of the public are invited to comment. Written comments should be received by the Planning Division on or before 12:00 p.m., August 165 20211 who can be contacted at 10- 0-4 10 or plannincgnationalcit ca.gov. If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. 14 530 of 550 From: Ana Morn s To: council; atarl Subject: General Public Comment regarding Gerry's Grill use permit modification Date: Tuesday, August 34 2021 1:50:16 PM a�Xx�-ss�se44%fri fF•nrStkraw atal 04.1%wwtQWkaaa mpaanewsnsKur-tesra.+KtiMxaizrNWoca�rpa�wa.•■�u�+ahKyt��M•+w aus.a�.nwaWc� Ys:.sn�aC�rra �sa+rzr. afxa x..s r,..tisr. ,w.r..,..wrta►a+M .+v�^xrti •rs•s,��er. ester er�.n-.x,smmoo,. �:ui .•r ■is•s�JS-.—crr�=a CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. To the Honorable Mayor and Council of the City of National City: Mayor Alejandra Sotelo-Solis Vice Mayor Jose Rodriguez Councilrnember Marcus Bush Councilmember Mona Rios Councilrnember Ron Morrison I would like to express my disagreement to the permit modification requested by Gerry's Grill at 3050 Plaza Bonita Rd, National City, CA. I would liketo ask the Mayor and Council of the City of National City to consider NOT accepting a use permit modification to extend the sale and dispensing of alcoholic beverages for on --site consumption until lam and the live music until 11:30p for Gerry's grill. While it is true that extending the hours of sale for alcoholic beverages will bring in more revenue to the City, it would be at the expense of the safely of this community. Extending the amount of time alcoholic drinks are sold will inevitably increase the amount of consumption and consequently raise the amount of drunk driving incidents. Due to the isolated location of the restaurant/grill/bar there are fewer opportunities for other modes of transportation for intoxicated individuals compared to say the Gaslarnp in San Diego. Downtown SD has trolley, many bus routes, and lots of uber of lyft options due to the high volume of bars and busy nightlife. We don't have the same options here in this isolated location. By the same token, we.don't have a strong law enforcement presence near either. Most people will need to drive to get home even if they have been drinking. Alcohol consumption is conducive to driving under the influence, especxaXXy late at night. Most people don't go out to eat at 12am, they go out to drink. As a resident of National City that lives next to the Plaza Bonita Mali I already have to cope with hearing vehicles racing nearby and drivers doing wheelies in the mall parking lot on weekends, to now have an increase in drivers that might be intoxicated. 15 531 of 550 As a new parent, I am concerned for the safety and well-being of my family. I want to keep my family and neighborhood safe, especially during those unwanted 1ate night visits to ER/urgent care or to the pharmacy to pick up medicine for my child. I think our community can also agree we need to make sure our neighbors and young students working those date -night shifts on the weekends are able to get home safely. Let's keep our community and .frills safe. Thank you for your time and consideration in reviewing this request. Ana Morales National City Resident 16 532 of 550 Jgust 25, 2014 CensusTracts 2010 0.375 1:45,467 0.75 1.5 mi 0 0.5 1 m Sources: Esri, HERE, DeLorme, TamTom, lntermap, increment P Cor GEBCO, USG$, FAO, NPS, NRCAN, GeaBase, IGN, Kadaster NL, Grdnai Survey, Esri Japan, METI, Esri China (Hong Kong), swisstopo, Mapmylndia OpenStreetMap contributors, and the GIS User Community cn w 0 01 cn 0 - yy l; .:P Nia-5- 0 4� i 4 IP ter* c 9 :St- Ek tyt Gene 1 ' *" ; iP4rk13 Co ht 0 and (P 1901-2 O Microsoft Co or tor' art c r"-ifslisu l + rs All ri nts revrved Podlons 01090-2005 InslaIlShie wvare Corporation. All rights reserve.: Certain mapping and direction data 0 2005 NIAVTEQ34,11 rights reserved NAVTEQ and NAYTEGgiN 90.AP i are trademarks of NIAVTE-Q:',1v0C5 Tele Atlas North America, Inc :_Hai rights reserved. Tele Atias and Tele Alas North £11 erica are traderrn:;ri'is of T ele Atlas Inc Source: Microsoft Mappoint NCPD CAU, 4/18/07 City of National City Beat 23 Swetivvirter Cctinty Park 18 534 of 550 NATIONAL CITY POLICE DEPARTMENT ALCOFIOL BEVERAGE CONTROL RISK ASSESSMENT DATE: 08/10/2021 BUSINESS NAME: G9Y" G r i l l ADDRESS: .RESS: 3030 Plaza Bonita Road # 2510, National City, CA 91950 OWNER NAME: Gerardo B. Apoliarioa DOB: 11/01/1967 OWNER ADDRESS: 31005 Courthouse Dr. Union City, Ca 94587 (add additional owners on lager 2) [, Type of Business Restaurant urant (1 Pt) Market pts) Bar/Night Club pts) Tasting Room -it I. Hours of ration Daytime time hours (1 pt Close by I.1.p pts) Close after 1 l piii pts) I 11. *Entertainment Music 1 pt) Live usic pts) Dancing/Live Music pts) No Entertainment pts) IV, .Crime.Rate Low (.1. pt) Medium pts) . High pts) V. Alcohol Businesses per Census Tract Below (1 pt) Average (2 pts) f Above (3 pts) Notes: Currently, there are 4 on sale licenses allowed in tract 32.04 Currently, there aro 10 active on sale licenses In tract 118.02 Revised: 8/16 19 535 of 550 National City Police Department VI.. Calls for Service t Location_ f r_ r vious 6 months) Below (1 pt) Average pts) Above pts) VII. Proximity Assessment ssment (1/4 mile radius of location) Mostly mm r i .l businesses (1 pt) Some businesses, some residential 2 pts) Mostly residential pts) VIII. Owner(s) records check No riminal incidents (0 pts) Minor criminal incidents pts) Multiple/Major rimi a:l incidents pts) A.BC Risk k ssessment Low Risk ( 12pts or less) Medium Risk (13 — lSpts) Nigh Risk (19 — 24pts) Total Points 16 OWNER NAM : Gerardo C . Apoliarioa DOB: 11/01/1967 OWNER ADDRESS: 31005 Courthouse Dr. Union City, Ca 94587 OWNER NAME: DOB: OWNERADDRESS:. Recommendation: Completed by: W. Walters, Sergeant Revised: 8/16 of Badge ID: 398 20 536 of 550 'SOUTH BY :::2--.001P—,00.--Carnintiniti Ching. Prix, Environmenta k _can fo.r Alcohol License C.U.R. G-e2-ry's Grill . r ii 3030 Plaza Bonita oad, Ste. 2510, National City, CA 91950 July 19, 2021 Photo of the outside of the building for Gerry's Grill in Westfield Plaza Bonita in National City Goo(z, e Earth View of 3030 Plaza Bonita Road, Ste. 2510 and Surrounding Area The applicant is proposing to expand hours of operation for beer and wine sales and add live entertainment at an existing restaurant (ABC Type 47 license . The business is located east of the 805 Freeway off Sweetwater Road in National City. The proposed operation hours requested are 11:00 a.m. to 11:00 p.rn. Sunday through Thursday and 11:00 a.m. to 1:00 a.m. Friday and Saturday. Live entertainment with no dancing is proposed Thursday from : 0 n. to . from p 1 O: 0 p.m. and Friday and Saturday a band from 8:30 p.m. to :30 p.m. IPS staff attended the Community meeting on July 19, 2021 and was very satisfied that the business owner will respect the hours requested. Considerations Should the CUP be modified, we would recommend that: I. Staff, management, and owner be required to attend the Responsible Beverage Sales and Service training. Funded by the San Diego County Health and Hurnart Services Agency 2615 Camino del Rio So. #300 i° San Diego, California, 9 108 • Phone: 619.476-9100 Fax 619.476-9104 www.pttblicstrategies.org 21 537 of 550 You are invited to attend a: COMMUNITY MEETING Date: Monday, July 19, 2021 Time: 5 PM —6 PM Address: G rry's Grill —3050 Plaza Bonita Rd, National City, CA This mepting is to inform citizens of a use permit modification to extend the sale and dispensing of beer, wine, and distilled spirits for on -site consumption until .1 atn on Friday and Saturday and to have live music. The proposed hours of operation are Sunday — Thursday I I am — 11 pm and Friday and Saturday 11 am — I am. The proposed hours for live entertainment are Thursday 7:30 pm — 10 pm and Friday and Saturday 8:30 pm —11: o pm. We are Tool in for and to meeting you and discussing any concerns or questions you may have regarding this proposed restaurant operations. If you can't attend the meeting, or if you have any questions before then, please feel free to contact Steve Rawlings, the Applicant's. representative, at 951-667-5152 or viaemail at .a.ja,w1i :i+. This notice is being sent to you in fulfillment of the City of National City requirements. This outreach effort to our neighbors is necessaty because an application lication for development or use has been filed with the City of National City Planning Department 22 538 of 550 RESOLUTION NO.2021-06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA APPROVING A CONDITIONAL USE PERMIT FOR THE ADDITION OF LIVE ENTERTAINMENT AND EXPANSION OF APPROVED OPERATING HOURS FOR ALCOHOL SALES AT AN EXISTING RESTAURANT (GERRY'S GRILL) LOCATED AT 3030 PLAZA BONITA ROAD, SUITE 2510 CASE FILE NO. 2021-12 CUP APN: 561-471-07 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for the addition of live entertainment and expansion of approved operating hours for alcohol sales at an existing restaurant (Gerrys Grill) located at 3030 Plaza Bonita Road, suite 2510 at a duly advertised public hearing held on August 16, 2021, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearings the Planning Commission considered the staff report contained in Case File No. 2021-12 CUP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to ail applicable procedures required by State law and City law. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on August 16, 2021, support the following findings: 1. The proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code, because the use is permitted within the MXD-2 zone pursuant to a CUP and the proposed use meets the required guidelines in the Land Use Code for alcohol sales, as discussed in the staff report. 2. The proposed use is consistent with the General Plan and any applicable specific plan, because alcoholsales and live entertainment are permitted, subject to a CUP, by the Land Use Code, which is consistent with the General Plan. A restaurant use isconsistent with the MXD-2 land use designation contained in the Land Use and Community Character element of the General Plan. ATTACHMENT 23 539 of 550 . The design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity, because no expansion of the building is proposed. The proposal involves an existing restaurant space, which was previously analyzed for traffic impacts when it was constructed. . The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints, because the proposed alcohol sates and live entertainment would be accessory to the primary use of food sales. A restaurant existed on the site previously. . Granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located, because the proposed use would be subject to conditions that limit the hours that alcohol is served and the hours that live entertainment is conducted. All previous conditions of approval would continue to be in effect, except as modified by this request. . The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA) and is not considered a project under CEQA, as no development is .proposed. In addition, the proposed use is similar to other commercial uses in the area, which are permitted in the MXD-2 zone. . The proposed use is deemed essential and desirable to the public convenience or necessity, because live entertainment and the extension of operating hours will contribute to the viability of the restaurant, an allowed use in the MXD-2 zone. BE IT FURTHER RESOLVED that the application for a Conditional Use Permit is approved subject to the following conditions: General 1. This Conditional Use Permit authorizes the extension of alcohol sales hours (as stated in Condition No. 7 below) and the addition of live entertainment (subject to the hours stated in Condition No. 8 below) at an existing restaurant located at 3030 Plaza Bonita Road, Ste. 2510. Any plans submitted for permits associated with this project shall conform to Exhibit A, Case File No. 2021-12 CUP, dated 7/1/2021. . Unless specifically modified by this resolution, all Conditions of Approval of Planning Commission Resolution 2018-19 shall remain in full force and effect. 24 540 of 550 . Before this Conditional Use Permit shall become effective, the applicant and the property owner shall both sign and have notarized an Acceptance Form, provided by the Planning Division, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Division that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Director of Community Development prior t recordation. . This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in the Municipal Code. . This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be. revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. 6. This Conditional Use Permit may be revoked if the operator is found to be in violation of any Conditions of Approval. Planning 7. The sale of alcoholic beverages shall only be permitted between the hours of 11:00 a.m. and 11:00 p.m. Sunday through Thursday and between 11:00 a.m. and 12:00 a.m. Friday and Saturday. . Live entertainment shall be permitted between the hours of 7:3 p.m. and 10:00 p.m. on Thursdays and : 0r p.m. and 11:30 p.m. Friday. and Saturday. Live entertainment on Thursdays shall be limited to a single performer. A band is permitted on Fridays and Saturdays. A licensed security guard shall be on site during alllive music performances. . Alcohol shall be available only in conjunction with the purchase of food. 10. All activities shall comply with the limits contained in Table 111 of Title 12 (Noise) of the National City Municipal Code. 11. A licensed security guard shall be on site during all live music performances, 12. The operator of the business shall maintain an active business license and ensure that the business license is renewed annually. 25 541 of 550 Police 13. The permittee shall comply with all regulatory provisions of the Business and Professkns Code that pertain to the sale, serving, and consumption of alcoholic beverages. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. il. BE IT FINALLV RESOLVED that this Rosotuton shall become effective and final on the day following the City Council rooting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior t 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Cand set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of August 16, 2021, by the following vote: AYES: • DelaPaz, Roman, Sends, Val nzla, )(mane NAYS: ABSENT: Natividad, Sanchez ABSTAIN: CHA!RPERON 542 of 550 099 Jo Et9 L7 IN31AIH V II V Site Plan Applicant Alcoholic Beverage Specialists 26023 Jefferson Avenue, Suite B M urrieta, CA 92562 Attn: Steve: Rawlings Project Address 3030 Plaza Bonita, Suite 25/0 National City, CA PF141 /MOH ME, t RE , - ' - v1 inol.rrr twirl mit Saaseiraill Wibmlo ULM }III yrp tezr 1r10�j;r7i�lls4ler■ t.�a�t PaultpirisCiesiarr Paul Ckr s DalsIn LLe 914 LaLevan Dreg IIk,,I1c.4y,CAOWAS Tit fff•2 5 wtrapaulc aiesiaelen.com OSC 10 bl9 8Z Floor Plan Applicant Alcoholic BeverageSpeclalIsts 26023 Jefferson Avenue, Sulte B Murrietal CA 92562 Attn: Steve Rawlings. Y Project Address 3030 Plaza Bonita, sulte 2510 National City CA z 0 DJ 7+0 I. n 0 PFMH1PTIt . s1 'Ifle®'tH i�aR�iltFd771Ewl p,I'u . 1l1r 2? pI+.KPIaIIR,It1F. Taut Cited* p $Jgn 1.6 all Likatert abet ttirl"02Tit 1a woes w►w P21111 clidsdesIgnADIN The following page(s) contain the backup material for Agenda Item: Discussion and direction pertaining to amending the National City Municipal Code Title 2 - Administration by adding Chapter 2.02 - City Attorney. (City Attorney) Please scroll down to view the backup material. 545 of 550 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 7, 2021 AGENDA ITEM NO. ITEM TITLE: Discussion and direction pertaining to amending the National City Municipal Code Title 2 — Administration by adding Chapter 2.02 — City Attorney. PREPARED BY: Charles E. Bell, Jr., City Attorney EXPLANATION: The City Attorney's Office requests City Council direction to draft an ordinance amending the National City Municipal Code Title 2 — Administration by adding Chapter 2.02 — City Attorney. Currently, the City Attorney's Office website is the only location that provides information on the departments (1) Overview and (2) Duties and Activities. An amendment will establish the City Attorney's role and authority in the National City Municipal Code. Additionally, an amendment will bring the City of National City in line with the City of Carlsbad, Chula Vista, Encinitas, Escondido, San Diego, San Marcos, Santee, and Vista. These cities also have an internal City Attorney Office. DEPARTMENT: City Attorney's Off' APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. Not Applicable APPROVED: APPROVED: Finance MIS ENVIRONMENTAL REVIEW: This action does not constitute a project under California Environmental Quality Act (CEQA) Guidelines Section 15378(b)(2). ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Staff recommends City Council give direction to proceed with drafting an ordinance amending the National City Municipal Code Title 2 — Administration by adding Section 2.02 — City Attorney. BOARD I COMMISSION RECOMMENDATION: ATTACHMENTS: 546 of 550 The following page(s) contain the backup material for Agenda Item: City Manager Report. (City Manager) Please scroll down to view the backup material. 547 of 550 Item # 09/07/21 City Manager Report (City Manager) 548 of 550 The following page(s) contain the backup material for Agenda Item: Community Benefit Agreements/Project Labor Standards and Policies. Please scroll down to view the backup material. 549 of 550 Item # 09/07/21 Community Benefit Agreements/Project Labor Standards and Policies 550 of 550