HomeMy WebLinkAboutDraft Agenda Packet - 09-21-2021 CC HA AgendaCALIFORNIA
NATIONAL Mr
IN
CORPORATED
ai
INCORPORATED
ALEJANDRA SOTELO-SOLIS
Mayor
JOSE RODRIGUEZ
Vice Mayor
MARCUS BUSH
Councilmember
RON MORRISON
Councilmember
MONA RIOS
Councilmember
1243 National City Blvd.
National City, CA 91950
619-336-4240
Meeting agendas and
minutes available on the
City's website at
WWW.NATIONALCITYCA. GOV
AGENDA OF A REGULAR MEETING - NATIONAL CITY CITY COUNCIL/
COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF
THE CITY OF NATIONAL CITY
ONLINE ONLY MEETING
https://www.nationalcityca.gov/webcast
LIVE WEBCAST
COUNCIL CHAMBERS
CIVIC CENTER
1243 NATIONAL CITY BOULEVARD
NATIONAL CITY, CALIFORNIA
TUESDAY, SEPTEMBER 21, 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,
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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
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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
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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.
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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.
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OPEN TO THE PUBLIC
A. CITY COUNCIL
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE TO THE FLAG
PUBLIC COMMENTS (THREE -MINUTE TIME LIMIT)
PROCLAMATIONS AND CERTIFICATES
AWARDS AND RECOGNITIONS
1. Employee of the Quarter 2021 - Christopher Garcia, Supervising Custodian.
(Engineering/Public Works)
PRESENTATIONS (FIVE-MINUTE TIME LIMIT)
2. Library Board of Trustees Annual Report 2020-2021. (Library and Community
Services)
�. School Resource Office Program. (Police)
INTERVIEWS / APPOINTMENTS
REGIONAL BOARDS AND COMMITTEE REPORTS (FIVE-MINUTE TIME LIMIT)
CONSENT CALENDAR
4. 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)
5. Resolution of the City Council of the City of National City ratifying a First
Amendment extending the term to September 30, 2021 and authorizing a
Second Amendment extending the term to June 30, 2022 to the Agreement
with the County of San Diego for the administration of COVID-19 vaccinations
via mobile service units (Mutual Aid Agreement) and authorizing the City
Manager to execute future amendments extending the term of the Mutual Aid
Agreement. (Fire)
6. Resolution of the City Council ot the Gity ot National Gity approving the
acceptance of the Library Access on the Go Grant from the State Library in
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7.
the amount of $16,421 to cover the costs associated with creating an app for
National City Public Library. (Library and Community Services)
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 2022. The City of National City will be
reimbursed $77,068 for FY 2022. (Police)
8. 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 for partial funding of the
School Resource Officer Program for FY 2022. The City of National City will
be reimbursed $105,000 for FY 2022. (Police)
9. Resolution of the City Council of the City of National City approving the
settlement between Cheryl Newell and the City of National City. (City
Attorney)
10. Resolution of the City Council of the City of National City approving the
settlement and release agreement between Mauquieta McNeil and Taneka
McNeil and the City of National City. (City Attorney)
11. Resolution of the City Council of the City of National City authorizing the
Mayor to execute a First Amendment to the Agreement with Vortex Industries,
Inc., increasing the not -to -exceed amount by $60,000, for a total Agreement
amount of $120,000, due to the demand and continuous need for assistance
with specialized services for commercial roll -up doors and gates.
(Engineering/Public Works)
12. Resolution of the City Council of the City of National City authorizing the
Mayor to execute a First Amendment to the Agreement with 24 Hour Elevator,
Inc., increasing the not -to -exceed amount by $100,000, for a total Agreement
amount of $160,000, due to the demand and continuous need for assistance
with specialized elevator services. (Engineering/Public Works)
13. Resolution of the City Council of the City of National City authorizing the
installation of red curb "No Parking" at the intersection of Stancrest Lane and
E. 14th Street in order to enhance safety and visibility for drivers exiting
Stancrest Lane onto E. 14th Street (TSC No. 2021-17). (Engineering/Public
Works)
14. 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 1510 Harding Avenue (TSC No. 2021-18).
(Engineering/Public Works)
15. Investment transactions for the month ended July 31, 2021. (Finance)
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16. Warrant Register #5 for the
of $1,321,040.70. (Finance)
17. Warrant Register #6 for the
of $2,265,977.29. (Finance)
18. Warrant Register #7 for the
of $976,085.85. (Finance)
period of 7/28/21 through 8/03/21 in the amount
period of 8/04/21 through 8/10/21 in the amount
period of 8/11/21 through 8/17/21 in the amount
PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS
19. Public Hearing and Introduction of an Ordinance of the City Council of the
City of National City repealing Chapter 11.52 (Bicycles) of the National City
Municipal Code. (Applicant: City -Initiated) (Case File 2021-03 A) (Planning)
NON CONSENT RESOLUTIONS
20. Resolution of the City Council of the City of National City, 1) Accepting the
Community Choice Aggregation (CCA) comparison and recommendation
memo, and; 2) directing staff to return to Council with a CCA ordinance and
Joint Powers Agency agreement with San Diego Community Power at the
earliest possible council meeting. (Engineering/Public Works)
NEW BUSINESS
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
21. City Manager Report. (City Manager)
MAYOR AND CITY COUNCIL
CLOSED SESSION
CLOSED SESSION REPORT
ADJOURNMENT
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Regular Meeting of the City Council and Community Development
Commission - Housing Authority of the City of National City - Tuesday -
October 5, 2021 - 6:00 p.m. - Council Chambers - National City, California.
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The following page(s) contain the backup material for Agenda Item: Employee of the
Quarter 2021 - Christopher Garcia, Supervising Custodian. (Engineering/Public Works)
Please scroll down to view the backup material.
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CALIFORNIA •
NAL CITY
NOW
Oa
INC� l! ED \ J
CITY OF NATIONAL CITY
MEMORANDUM
DATE: September 2, 2021
TO: Brad Raulston, City Manager
FROM: Robert J. Meteau, Jr., Human Resources Director
SUBJECT: EMPLOYEE OF THE QUARTER PROGRAM
The Employee Recognition Program communicates the City's appreciation for outstanding
performance. In doing so, it recognizes employees who maintain high standards of personal
conduct and make significant contributions to the workplace and community.
The employee to be recognized for the 3rd Quarter of calendar year 2021 is:
Christopher Garcia, Supervising Custodian
By copy of this memo, the employee is invited to attend the Council meeting on Tuesday,
September 21, 2021 to be recognized for his achievement and service.
Attachment
cc: Christopher Garcia
Roberto Yano, Director of PW/City Engineer
Arturo Gonzalez, Facilites Maintenance Supervisor
Mayor's Confidential Assistant
Human Resources — Office File
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RECEIVED
IONJ �!�L
N� T_Cf iir
1
..NCORPORATEP
i ( t
ti /
CALIFORNIA * CITY OF NATIONAL CITY
HUMAN RESOURCES DEPARTMENT
Performance Recognition Award
Nomination Form
AUG 3 1 2021
I nominate CHRISTOPHER GARCIA for the Performance Recognition Award for
the following reasons:
Please state reason why your nominee should receive an award, (i.e., examples
of service beyond requirements of position, exemplary service to the public,
outstanding job performance, etc). Do not to exceed 150 total words. Please be
as specific as possible when giving your examples.
Christopher Garcia has been with the city since February 2017 as the Supervising Custodian.
He supervises our custodial staff and janitorial efforts at all City buildings. He's also
responsible for coordinating all set-ups and tear -downs: whether it's a meeting, staff events,
or Covid vaccine operations, Chris is involved. Under Chris, the custodial staff have
performed outstanding, especially during the unprecedented pandemic. Chris recently
returned to school to follow his dream of becoming a fire fighter and has shown what he has
learned by using his knowledge and quick responsiveness in assisting in saving a life at the
Martin Luther King Jr Building earlier this year. His remarkable and courageous actions
were recognized by the Fire Department as they presented Chris with a Life Saving Award.
His professionalism, positive attitude, and supportive work ethic, no matter the task,
continuously demonstrate he's a leader, team player, and an asset to the City.
FORWARD COMPLETED NOMINATION TO:
National City Performance Recognition Program
Human Resources Department
Nominated by: Roberto Yano, Director of Public Works/City Engineer
Signature:Rg-
Date: 08/31/2021
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The following page(s) contain the backup material for Agenda Item: Library Board of
Trustees Annual Report 2020-2021. (Library and Community Services)
Please scroll down to view the backup material.
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Item #
09/21/21
PRESENTATION
LIBRARY BOARD OF TRUSTEES
ANNUAL REPORT - FY 2020/21
(Library & Community Services)
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ANNUAL REPORT
2020-2021
Library Board of Trustees
National City Public Library
CALIFORNIA
NATIONAL IONAE, Orr
L 1NcoRpon 'T l
1401 National City Blvd., National City, CA 91950
www.nationalcitylibrary.org
National City Public Library
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TABLE OF CONTENTS
LIBRARY MISSION 3
Board of Trustees 3
OPERATING HIGHLIGHTS - DATA SNAPSHOT 4
PROGRAM HIGHLIGHTS 5-7
STRATEGIC HIGHLIGHTS 8
Supporting Literacy and Workforce Readiness 8
Digitally Empowering the Community 9
Preserving National City's Cultural Heritage 9
Partnerships 10
CLOSING REMARKS 11
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Library Mission
Recognizing the cultural, linguistic, and economic diversity of our community, the National City Public
Library serves the informational, educational, social, and recreational needs of all the residents of the
community. We support lifelong learning, personal enrichment and empowerment by providing
access to a variety of materials and current technology, a team of courteous and knowledgeable staff,
and a welcoming environment that contributes to the quality of life in National City.
Library Board of Trustees
Sherry Gogue, President
Bradley Bang, Secretary
Margaret Godshalk, Trustee
Raymond Juarez, Trustee
Coyote Moon, Trustee
Paula Gapp, Alternate Trustee
The Year in Review
The past year continued to reflect the hard work and dedication of library staff and volunteers, the
support of the Friends of the Library, and the leadership of the Board of Trustees and City Council.
The Library's main mission is to share and give access to learning and resources by teaching avid
minds 21st century skills through introduction of more emerging technologies.
The Library was closed due to COVID-19 at the beginning of the fiscal year and was offering modified
library services and virtual programming. The Library re -opened the Computer Lab in August 2020
until it was closed in early 2021 when the County fell back into the most restrictive tier of the State's
Coronavirus "Blueprint" framework. Although curbside service for pickup of library materials and
phone reference services were still being maintained, the Library quickly shifted to technology to
curate services and resources to patrons. Virtual offerings such as electronic books and magazines,
streaming platforms, and Zoom for tutoring and programs took center stage. The Library re -opened to
the public for most services in mid -June 2021.
The statistics on the following page indicate that our e-card program and e-resources collection
showed a dramatic increase. The e-resources collection size doubled during the past year due to the
acquisition of consortium -led e-books and e-audio. E-cards allowed library patrons to fully utilize e-
resources during the Library's closure.
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Operating Highlights - Data Snapshot
FY2018-19
Jul 2018 -Jun 2019
12 month data - Actual
FY2019-20*
Jul 2019 -Jun 2020
12 month data - Actual
FY2020-21 *
Jul 2020 - Jun 2021
12 month data - Actual
Hours Open
2,500
1,638
1,782 (curbside)
1,512 (Computer Center)
891 (Literacy ESL
classes)
54 (fully open)
Visitors to the Library
156,919
107,228
18,624
Website (virtual) Visits
96,648
80,109
51,340
Collection Size - Print
206,210
204,284
229,380
Collection Size - Electronic
83,101 **
543,618**
1,087,409**
Active Library Cards
31,061
27,484
22,710
eCards
Not offered
238
5,911
Print Check Out
100,253
68,061
10,379
Digital (eBook) Check Out
3,341
5,792
6,307
Reference Questions-indudes
LHR and Tech
76,531
48,609
10,744
Computer Sessions
49,116
32,611
4,398
Wi-Fi Sessions
18,205
13,028
6,246
All Programs
1,568
1,280
238
Program Attendance in person
15,600
12,765 •
9
Online Program Attendance
Includes virtual, remote, and drive-thru
programs
0
0
10,217
Computer Classes / ESL/
Tutoring Attendance
186 classes / 555
attendees
150 classes / 496
attendees
360 classes /613
attendees
Volunteer Hours
3,693 4,660 226
* Library closure in effect March 14, 2020 due to COVID-19.
** Some electronic collections are part of a library consortium's collection
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Program Highlights
Virtual Storytimes and Crafts
- During the closure, staff
pivoted to all -virtual
programming, including our
popular storytimes. Staff
created virtual storytimes for
our youngest patrons to allow
them learning activities from
the safety of their homes. Staff
created unique craft
programming available through
Zoom and video for our
participants.
Put' of the other andsta
tole
STEAM Programs
Starting in February 2021, the Library partnered
with local school districts, FLEET Science Cente
Stephen Birch Aquarium and many other co-
partners of the National City STEAM
Collaborative to create and provide the
National City 16 Weeks of STEAM
programming. The Library was instrumental
in registering participants for this important
program, resulting in the registration of over
700 National City children.
The Friends of the Library partnered with
staff to fund craft kits and STEAM kits
available for pick-up by library patrons to use at
home.
Starting in March 2021, the Library partnered with
UCSD Extension/Sally Ride Science to offer virtual
STEAM programming with a fellowship for five
programs to 100 participants.
The Tech Lab still provided print shop capabilities
by providing 3D Printing for over 20 patrons who sent in
r,
SIGN UP TO GET A METEOR KI
UC San Diego Extension Presents
SALLY RIDE SCIENCE
STEAM WORKSHOPS
Free STEAM Classes
JOIN US FOR 16 WEEKS OF STEAM
DISCOVERY AND EXPLORATION.
lry.dt�Ml Sy Gplmle Mt2O21 .mlryl
their designs. Typically, the Tech Lab
is more than just a print shop - users can learn about TinkerCAD (online software), design their
own toys or gadgets, create a prototype, and print them for free.
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Library Programs
Cars lined up in the parking lot for the
Halloween Booktacular event in October.
With the help of the Council on Literacy and
the Molina foundation, Library staff
distributed books to our community's
children during Halloween - our first book
drive-thru giveaway. A total of 582 book
bags were distributed to families in 259 cars
at our drive-thru event!
Holly Jolly Book Fest
The Holly Jolly Book Fest was a virtual event that featured Santa and his Elf. Children were
able to submit their letters to Santa which were read "on the air" and then received a free book.
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Volunteer Recognition
Thank You to our
Volunteers!
Diversity Book Club
The new Diversity Book Club was put
together by the library's Teen
Leadership Committee. With this
book club, staff are hoping to
spotlight books that represent diverse
voices and new narratives that aren't
often represented in mainstream
publications. Diverse voices can
include LGBTQ characters,
characters with a disability, immigrant
or indigenous voices and books by
and about people of color.
As we could not have a proper Volunteer
Appreciation Night Dinner for our amazing
Tutor Volunteers, we instead made "Thank
You" Appreciation Bags for our Tutors to
come and pick up. Each bag contained
items that could be used for everyday use
and tutoring (face mask, pens, literacy t-
shirt, water bottle, flash drive, earbuds).
Several of our dedicated tutors continued
through these difficult times to help our
community members reach their goals. A
special note of Congratulations to Cris
Mendez who received our first Tutor of the
Year award!
NATIONAL
CITY LIBRARY
TEEN
LEADERSHIP
COMMITTEE
FOR TEENS
GRADES 7-22
Sign up here: https://bitty/dbcTLC
21 of 271
Strategic Highlights
1. Supporting Literacy and Workforce Readiness
Our Literacy Program offers a unique setting for adults to achieve their literacy goals, earn high school
diplomas and career certificates, and develop the workforce readiness skills they need to succeed in
the 21st century. Due to COVID-19, this program was challenged to maintain classes and services, but
move them to a virtual environment.
All classes and services were held virtually this past year. Regular operation consists of one-on-one
tutoring or small group instruction sessions. Our literacy program takes things a few notches higher
by offering a plethora of classes and workshops:
❖ Adult Basic Education (ABE) - classes are for adults at the elementary level (to grade 8) and
focus on basic literacy and computational skills.
❖ Adult Literacy programs - help for English-speaking adults to improve their reading, writing,
and communication proficiency and math skills to reach their potential as workers, parents,
community members, and life-long learners.
❖ English as a Second Language (ESL) - Four sessions of Basic ESL classes for non-native
English-speaking adults who want to improve their writing and writing skills were held virtually.
Each session was two months in length.
❖ Workforce Literacy - Tutors held virtual programs and services that helped adults find
employment, move into a new job or enter trade -based training programs.
❖ Computer Literacy - Four 6-week classes were held on each of the following topics: basic
computer skills, Excel basics, Zoom Basics, and PowerPoint basics. The classes were
attended by 267 learners.
❖ Preparation for various tests/exams such as GED (General Educational Development), HiSet
(High School Equivalency Test), ASVAB (Armed Services Vocational Aptitude Battery),
Citizenship Exam.
❖ In addition to GED and HiSET test preparation tutoring, Career Online High School, an
educational service offered by Smart Horizons and endorsed by the California State Library,
allows adults lacking a high school diploma to earn an accredited high school diploma and
credentialed career certificate at the same time. In partnership with the County of San Diego
Library, National City Library offers a $2,500 scholarship to defray the program costs. We
currently have 13 students enrolled.
Zoom Tutoring Session
22 of 271
2. Digitally Empowering the Community
From getting an education to upskilling and lifelong learning to securing employment to filing taxes
and staying in touch with family, digital empowerment is all about keeping people better connected.
National City Public Library is proud to serve as a gateway and vital community anchor institution for
digital inclusion, digital advancement, and equitable access to information and resources.
- State Library's High -Speed Broadband Project - connecting public libraries to the California
Research and Education Network, operated by CENIC, a high -capacity fiber -optic -based
network serving more than 20 million users across CA. Over the last 5 years, National City
Public Library has been connected to the CENIC network, which is also used by the University
of California, the state university system, community colleges and public schools. As a result,
the Library has high-speed yet affordable broadband that enables us to offer services like
unlimited wireless access, videoconferencing, streaming media, content creation, and longer
sessions on terminals. The Library applied for and received $135,000 for equipment and
service for year 6 of the CENIC Broadband Project to increase the bandwidth from 1 GB to
10GB and expand Wi-Fi access beyond the library building into the parking lot. This project will
be completed in Fiscal Year 2021-22.
Technology Grants secured for innovative technology solutions - As part of our Staying
Connected - Technology forAll project, the Library was awarded two grants: CDBG-CV Grant
and Neighborhood Reinvestment Program Grant totaling over $86,000. This funding allowed
the Library to acquire a collection of laptops and hotspots and establish a laptop/hotspot loan
program to literacy learners, giving them access to technology to pursue their literacy goals
through remote/distance learning. In addition, CARES Act funding allowed for the purchase of
9 Chromebooks and hotspots for a general patron loan program. This equipment is due to be
delivered in August 2021.
Additional E-Resources - During the closure, many new e-resources were added to the
Library's digital collection such as Comics Plus, JobNow, VetNow, and ProQuest. In addition,
many new e-books and e-audiobooks were purchased to enable library patrons to access
library materials without walking through the Library doors.
3. Preserving National City's Cultural Heritage - Digital Archives Initiative
Dedicated to being open -access to our community, National City Public Library joins a growing
number of libraries, museums, and archives to provide free access to images and documents to the
public. Started in 2017, we began to provide online access to our archival materials on Archive.org.
With over 800 objects currently digitized, including:
- Over 700 historical photographs
rc e.u: tGi,s, itylibr ?ar- ' '''o5G d atype%3A%22image%22&sort=-addeddate
- 81 Sweetwater Union High School Annuals (1923 - 2009)
uu�ai�s�Ikaliunuic:iLyliU1diyraiiuroLi ;o.Du-L_I Lor%3A%22national+city+high+school%22&an
1%22
- 59 diaries of National City founder, Frank A. Kimball
IL, L.I L„ - or%3A%22kimball%2C+frank+augustus+1832
Our community can access our growing online collection without any restrictions. These digitization
projects were conducted by California Revealed, a State Library -funded initiative to help California's
public libraries digitize, preserve, and make their collections widely and openly accessible to the
communities.
23 of 271
Browse through our digital collection at www.archive.org/details/nationalcitylibrary
- - C O m .aa 1 c:nnwmauanwn.aaaw.,nn..emu
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National City Public Library
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01601110
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The digitization of the Star News local newspaper on microfilm has been recently completed by the
Center for Bibliographic Studies and Research (CBSR) at University of California, Riverside.
4. Partnerships
There's no better approach to solving challenges than forging strategic partnerships, harnessing the
strengths and abilities of others, and driving collaborative innovation that delivers what our patrons
need. With that in mind, National City Public Library strives to broaden our relevance by fostering
collaboration and leveraging offerings our partners can bring to the table to benefit both of our
clientele.
• Through the Federal Work Study Program, students of Southwestern College (SWC) and PIMA
Medical Institute have been offering tutoring to adult -aged learners in several subjects such as
GED, ASVAB, Reading and Writing, ESL, Citizenship, and Math.
• The Library's 16 Weeks of STEAM project was the culmination of a partnership with FLEET
Science Center, Stephen Birch Aquarium, Olivewood Gardens, Ocean Connectors, Stein Family
Farm, A Reason to Survive (ARTS), Sweetwater Union High School District, National School
District and many other organizations. The Library also teamed up with UCSD Extension and were
offered a fellowship for five programs to 100 participants for virtual STEAM programming through
Sally Ride Science.
• Literacy has teamed up with AARP to help promote our program and provide senior tutors. In
addition, Literacy has also been working with the San Diego Futures Foundation to bring more
computer classes and Internet Safety classes to the Library. The San Diego Council on Literacy
donated thousands of new books as giveaways to our young patrons.
24 of 271
• Jewish Family Service (JFS) of San Diego - the immigration journey can be challenging. In
collaborating with JFS, the Library focuses on helping newcomers successfully navigate the path
to citizenship. Facilitated by JFS, our adult learners can now attend free 10-week Citizenship
classes that cover citizenship test, interview, and process.
Three 10-week sessions
offered
33 learners
enrolled
8 learners
completed the
course!
• Friends of the Library - a §501(c)(3) non-profit organization group that has already been a staunch
supporter of library services with its Friends members working tirelessly to raise funds through
book sales to support library programs and collections. The Friends of the Library generously
donated approximately $60,000 to fund the cost of the digitization of the historic Star News onto
microfilm. This project was completed this fiscal year and will preserve this unique collection and
make it accessible to all.
CLOSING REMARKS
2021 has been a challenging year on many levels due to the COVID-19 pandemic, causing the Library
to pivot to virtual services. Although our doors had been closed to the public, staff continued to provide
virtual services - storytimes, tutoring, phone reference, and additional e-resources. Of course, the
traditional service days that were lost will affect our statistics; however, the closure also allowed for
opportunities to better serve the public, both in our service model and in our pivot to assist our
patrons.
During the closure, the Library quickly re -directed its traditional in -person services toward a virtual
model using technology to deliver services and activities online or remotely. So although some
traditional statistics decreased when compared to the previous year, digital usage has increased
showing a very positive trend that going forward the Library can offer its services via multiple delivery
methods depending on user's preferences. Whether they like virtual or in -person, the Library will be
equipped to deliver its services in a responsive manner.
25 of 271
The following page(s) contain the backup material for Agenda Item: School Resource Office
Program. (Police)
Please scroll down to view the backup material.
26 of 271
Item #
09/21/21
School Resource Officer Program
Police
27 of 271
cALIFORNIA
CIr�'Y� j rliATIONAL
\ - INCORPORATED
NATIONAL CITY
POLICE DEPARTMENT
Staff Report on the School Resource Officer program
28 of 271
+>^ CALIFORNIA �^
N TI IiNAL Cf 'y
INCORPORATED
PROGRAM HISTORY
• The School Resource Officer program has been in existence with the
National City Police Department for well over 35 years. The program
began with one officer in the National School District Teaching the DARE
Program
• In 1991, the program was expanded to include additional School
Resource Officers assigned to both the National School District and
Sweetwater Union High School District
• In the early 2000's there were 5 School Resource Officers
• Today, there are 2 School Resource Officers assigned and the school
districts share the costs of one FTE
29 of 271
+>^ CALIFORNIA �^
N TIIiNALCM
`- INCORPORATED
PARTNERSHIP WITH THE SCHOOL
DISTRICTS HAVE BEEN BENEFICIAL
• Visual deterrent- having police officers on campus help with the potential of criminal activity that may come
onto campus.
• Safety- a police officer on campus will respond immediately to an on -campus emergency to address an
issue(s).
• Engagement- developing positive relations with our students in a non -enforcement environment.
• Developing a close working relationship with school administrators and staff to improve the working
relationship with students.
• Presentations- engaging students and parents with important topics about gangs, drugs, and bullying.
• Developing and approving safety plans for the schools for emergency protocols
• Training on campus for major incidents, such as active shooter training. LECC (San Diego Law
Enforcement Coordination Center) partnership to improve police response to critical incidents at the
schools
• Threat assessment as needed
• Handle with care program- working with the San Diego District Attorney's Office to provide early warning
system for trauma.
• Community engagement- the school resource officer program is the hub for community engagement. Some
of the programs that originate in our school resource program are;
30 of 271
+>^ CALIFORNIA �^
NATI I NAL CITY
`- INCORPORATED
COMMUNITY ENGAGEMENT
The school supply give away (partnered with the Rotary Club)- the program was designed to provide elementary school
students with the school supplies needed to begin the school year.
Shop with a Cop- a County -wide program designed to select students in need to provide them with toys during the holiday
season
Turkey giveaway- department initiated program that selects families in our schools that are in need during the holiday season.
Christmas giveaway- department initiated program that selects families in our schools that are in need during the holiday
season.
Bike rodeo and giveaway- providing training, protective gear, and bikes to some participants in need of a bike.
STARPAL- Police Athletic League that provides our students different opportunities in the community developing partnerships
with athletes from local professional teams.
Social media- use of social medial program to connect and inform school kids and families with public service announcements
and events.
Every Fifteen Minutes Program — a two day program that discusses the dangers of impaired driving
31 of 271
+>^ CALIFORNIA �^
N TI IiNAL Cf ly
INCORPORATED
Questions
32 of 271
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.
33 of 271
Item #
09/21/21
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)
34 of 271
The following page(s) contain the backup material for Agenda Item: Resolution of the City
Council of the City of National City ratifying a First Amendment extending the term to
September 30, 2021 and authorizing a Second Amendment extending the term to June 30,
2022 to the Agreement with the County of San Diego for the administration of COVID-19
vaccinations via mobile service units (Mutual Aid Agreement) and authorizing the City
Manager to execute future amendments extending the term of the Mutual Aid Agreement.
(Fire)
Please scroll down to view the backup material.
35 of 271
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: September 21, 2021
AGENDA ITEM NO.
ITEM TITLE:
Resolution of the City Council of the City of National City, California ratifying a First. Amendment
extending the term to September 30, 2021 and authorizing a Second Amendment extending the term
to June 30, 2022 to the Agreement w hihe County of San DiegoJaLth_e administration of COVID-19
vaccinations via mobile service units (Mutual Aid Agreement) and authorizing the City Manager to
execute future amendments extending the term of the Mutual Aid Agreement. (Fire)
PREPARED BY: Frank Parra DEPARTMENT: Fire
PHONE: (619) 336-4551 APPROVED BY:
EXPLANATION:
On March 4, 2020, the State of California proclaimed a State of Emergency as a result of the Coronavirus 2019
(COVID-19) pandemic. COVID-19is rid pread in our community and requires ongoing guidance from federal, state,
and local governments and Public Health Officials. The County of San Diego has been working closely with regional
partners to implement its Test, Trace, and Treat (T3) Strategy to monitor the local situation, perform testing and
disease investigation activities, and provide support services to those impacted by the virus. On January 26, 2021, the
City Council authorized the City Manager to execute a Mutual Aid Agreement with the County for the administration of
COVID-19 vaccinations (Resolution No. 2021 -0 ). The program's goal is to assist the County in quickly and safely
vaccinating as many County residents as possible to achieve group immunity. The original term of the Mutual Aid
Agreement expired on April 30, 2021. On April 4, 2021, the City Manager entered into a First Amendment to the
Mutual Aid Agreement extending the term to September 30, 2021. The City and County now desire to enter onto a
Second Amendment extending the Mutual Aid Agreement terra to June 30, 2022. City staff requests City Council
authorize the Mayor to ratify the First Amendment and authorize the Second Amendment to the Mutual Aid Agreement
for the administration of COVID-19 vaccinations via Mobile Service Units and authorizing the City Manager to execute
future time extensions to the Mutual Aid Agreement where all other terms of the original Mutual Aid Agreement remain
unchanged.
FINANCIAL STATEMENT: APPROVED: Finance
ACCOUNT No, APPROVED: MIS
No Fiscal Impact — This report is informational only, there is no fiscal impact associated with the reports
The costs are fully reimbursable by the County of San Diego.
ENVIRONMENTAL REVIEW:
No CEQA Exemption - This action is not subject to review under the California Environmental Quality
Act(CEQA).
ORDINANCE: INTRODUCTION:
ION:
FINAL ADOPTION:
STAFF RECOMMENDATION:
Approve the Resolution.
BOARD l COMMISSION RECOMMENDATION:
ATTACHMENTS:
1. County of San Diego Second Amendment to Memorandum of Agreement
2. Resolution
36of271
COUNT" OF SAN DIEGO
felHIHSA
HEALTH AND HUMAN SERVICES AGENCY
P
LIVE WELL
SAN DIEGO
SECOND AMENDMENT TO MEMORANDUM OF AGREEMENT
This Second Amendment to the Memorandum of Agreement (2nd Amendment) made between the County
of San Diego (County) and National City (City). The parties to this Amendment may be referred herein collectively
as the "parties" or individually as a "party".
The parties entered into a Memorandum of Agreement (MOA) on February 2, 2021 to provide COVID-19 Vaccine
Administration. Pursuant to section 11of the MOA, the parties agree to amend the MOA as follows:
1) Section 16, Terms of the MOA is hereby amended to read in its entirety as follows:
"This Amendment shall extend the Agreement to June 30, 2022, unless sooner terminated
pursuant to Section 17, below."
2) All other provisions of the MOA remain in full force and effect.
3) This Amendment shall be effective on the date the last party signs this Amendment.
4) This Amendment 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. The parties
agree that signatures transmitted electronically via pdf attachment shall be binding as if they were original
signatures.
County of San Diego
Dated: By:
National City
Dated: By:
Helen Robbins -Meyer, Director of Emergency
Services and Chief Administrative Officer
Brad Raulston, City Manager
37 of 271
The following page(s) contain the backup material for Agenda Item: Resolution of the City
Council of the City of National City approving the acceptance of the Library Access on the
Go Grant from the State Library in the amount of $16,421 to cover the costs associated with
creating an app for National City Public Library. (Library and Community Services)
Please scroll down to view the backup material.
38 of 271
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: September 21, 2021
AGENDA ITEM NO.
ITEM TITLE:
Resolution of the City Council of the City of National City, California authorizing the acceptance of the Library Access
on the Go grant from the State Library in the amount of $16,421 to cover the costs associated with creating an app for
National City Public Library and the establishment of Library Grants Fund appropriations of $16,421 and
corresponding revenue budget for Library Access on the Go with no matching funds required.
Joyce Ryan, Library & Community Services
PREPARED BY: Director
PHONE: 619-470-5882
EXPLANATION:
Please see attached.
DEPARTMENT: Library & Community Services
APPROVED BY:
FINANCIAL STATEMENT: APPROVED: Finance
APPROVED:
ACCOUNT NO.
Revenue:
320-31330-3463 Library State Grant
Expenditures:
320-431-330-299-0000 Contract Services
320-431-330-10 ] -0000 Full-time Salaries
MIS
ENVIRONMENTAL REVIEW:
This action is not subject to review under the California Environmental Quality Act (CEQA).
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
STAFF RECOMMENDATION:
Adopt the Resolution.
BOARD / COMMISSION RECOMMENDATION:
Approved by the Library Board of Trustees on September 1, 2021.
ATTACHMENTS:
1. Staff Report
2. State Library's Award Letter with Award Agreement and Certificate of Compliance
3. Resolution
39 of 271
ATTACHMENT A
CALIFORNIA
NATIONAL
CIr, I
o mo
INCORPORATED
City Council Staff Report
September 21, 2021
ITEM
Resolution of the City Council of the City of National City, California authorizing the
acceptance of the Library Access on the Go grant from the State Library in the amount of
$16,421 to cover the costs associated with creating an app for National City Public Library and
the establishment of Library Grants Fund appropriations of $16,421 and corresponding revenue
budget for Library Access on the Go with no matching funds required.
BACKGROUND
The growing use of smartphones is a primary and economical means of online home interne
access for many Americans. Pew Research shows that eighty-five percent of Americans own a
smartphone and ninety-five percent of 18-49 year olds own a smartphone.1 As a device, a
smartphone can personalize the user's interaction with technology through the use of mobile
apps. When users can create their personalized content, they are more engaged in their interests
and in the tool itself. Also, notifications through an app can reach users instantly in a non -
intrusive manner.
EXPLANATION
On July 23, 2021, the California State Library awarded $16,421 in grant funding to the National
City Public Library for the Library Access on the Go project. With these grant funds the National
City Public Library will create, implement, and promote a mobile app to increase library
awareness, allow users to access library services and resources at their own time and
convenience, and unlock the power of better connection with library patrons.
Currently, users access the Library's website to look for e-resources, materials and view their
account. By creating an app that is portable, interactive and easy to use, NCPL will provide users
fast and convenient access to these library resources. The app platform is also available in
Spanish, if that is the user's preferred language. In addition, library patrons can elect to receive
notifications from the library on programs and services. The mobile app package is available
through the Library's electronic catalog service and is fully customizable. The grant funds pay
for Year 1 of the mobile app, the start-up costs, and personnel costs for its launch.
RECOMMENDATION
Pew Research Center: Internet and Technology (2021, April 7). Demographics of mobile device ownership and
adoption in the United States. Retrieved September 1, 2021, from https://www.pewresearch.org/internet/fact-
sheet/mobile/
Page 2
40 of 271
ATTACHMENT A
Adopt a resolution approving the acceptance of the Library Access on the Go grant from the
State Library in the amount of $16,421 to cover the costs associated with creating an app for
National City Public Library.
FISCAL IMPACT
Adoption of the resolution will approve the acceptance of grant funds in the amount of $16,421
for the Library Access On the Go project.
After the initial set-up costs covered by grant funds, there will be an annual cost of $4,930 for
FY 2022/23 to sustain the service which can be absorbed into the existing budget.
Page 3
41 of 271
DocuSign Envelope ID: 5E57C BA-01 D-4 A-8675-9FCB7A FD 5O
ATTACHMENT 2
v.§ STATE LIBRARY
Irina
July 23, 2021
Ps4,r 14.1.0. Il0.' ri T ‘1r1i.ti... R 1a F. fir
Joyce Ryan, Library and Community Services Director
National City Public Library
1401 National city Boulevard
National City, c :9 O-4401
Dear l �1s. �y`an:
We=pare pleased to a prove the grant application for the Library Access on the Go project for a
total of i 6,421 in fe eral Library Services and Technology Act (LSTA) funds.
Hard copies of this correspondence will not follow. Keep the entirety of this correspondence for
your files and consider these award materials your original documents. Please refer to the Grant
Guice located on the California State Library's Manage Your Current Grant webpage for more
information and review the following:
LSTA Funds
Processing of grant payments may take from eight to 10 weeks before delivery. If you haven't
received payment 10 weeks after submitting your claim form to the State Library's Fiscal
Department, please contact your Grant Monitor.
Project Support
There are two people assigned to your project. The first is your Grant Monitor. Contact them
regarding compliance and reporting. The Grant Monitor assigned to your project is Lynne Oliva
at lynne.oliva@library.ca.gov. You're also assigned a Project Advisor for ongoing programmatic
support. Your Project Advisor is Linda Stewart at stewart@plpinto.org.
Please stay in touch with your Grant Monitor and Project Advisor Throughout the award period.
Read the nclosed award packet and contact your Grant Monitor if you have any questions.
Best wish for a successful project.
Respe tfu ly yours,
Grec\Luca
califo pia Sate Librarian
cc: Anne Defazio anne.defazio@nationalcitylibrary.org
Linda Stewart stewartplpinfo.org
Lynne Oliva lynne.olivaIibrary.cca.gov
Nicole Bravin nicole.bravinIibrary.ca.gov
Angie Shannon angie.shannon`library.ca.gov
Reed Strege reed,strege@Iibrary.cca.gov
Natalie Cole natale.cole@library.ca.gov
Page 4
42 of 271
DocuSign Envelope ID: 5E57C2BA-013D-4C2A-8675-9FCB7A6FD6 0
ATTACHMENT 2
THE BASICS - YOUR LSTA GRANT AWARD
The following provides all of the basic information about your grant and managing your grant.
Award if:
40-9219
File I#:
L-10
IMLS #:
L- 4 51-OL-- 1
ORGANIZATION:
National
jty Public Libra
Project
Title:
_ �®
Library Access on the Go
Award Amount:
$16,421
2021/2022 LSTA APPROVED BUDGET
Salaries/Wages/Benefits
$7,555
Consultant
Fees
Travel
Supplies/Materials
Equipment
($5,000 or more per unit'
Services
$8,862,6
Project
Total
16 421
Indirect
Cost
Grant Total
$16,421
Payment Schedule
IN
FULL
Start Date: 7/30/2021
End Date: /, / 0
This project will be officially closed as of the end date listed above and no new expenditures may
be generated, nor may any additional funded project activities occur. Unexpended or
unencumbered funds must be returned within 30 days of the end date.. However, if funds were
encumbered prior to the end date, this project is allowed 45 days to liquidate those
encumbrances. Any funds not Liquidated are to be returned with the liquidation report within 60
days of the end date.
REPORTING
Financial and program narrative reports are required. All required reporting materials, as well as the
Grant Guide, will be located on the California State Library's Manage Your Current Grant webpage.
The Grant Guide for this project will list specific reporting due dates. Failure to provide timely reports is
a serious breach of a grant recipient's administrative duty under the grant program which may result
in federal audit exceptions against the state and the loss of LSTA funds.
PAYMENTS
Please note this clarification regarding payments. If your full grant amount is. $20,000 or more, ten
percent (10%) of the grant award is withheld until the end of the project period. It is payable only if the
grant recipient fulfills all project reporting requirements and expends all funds, or returns all unspent grant
funds, by the time specified in the grant program.
Library Courts Building
P.O. Box 942837
Sacramento, CA 94237-0001
Page 5
91 - - 7 9
csI-adr Iibrary.ca.gov
www.library.ca.gov
43 of 271
Dow,Sign Envelope ID: 5E57C BA-01 D-402A-867-9FC87A6FD650
ATTACHMENT 2
Rim
mwv %in STATE I B RA RY
AMIAMPA
PRESERVING OUR HERITAGE. SHAPING OUR FUTURE
LIBRARY SERVICES AND TECHNOLOGY ACT (LSTA)
AWARD AGREEMENT AND
CERTIFICATION OF COMPLIANCE
Page 6
44 of 271
L)ocuSign Envelope ID: E57G BA-U13D-4 A- b7-YFCB7A6FD65O
ATTACHMENT 2
STATE"LIBRARY
PRESERVING OUR HEIITAGE. SHAPING OUR FUTURE
TABLE OF CONTENTS
National City Public Library
Library Access on the Go
40-9219
2021-2022
Page 1 of 41
PROJECT SUMMARY
PROCEDURES and REQUIREMENTS r ...,3
Tcrrrt of the Agreement ... ,,,.,,..,............+...3
Scope of Work
Spending Fund....3
Narrative and Financial Reports • .....,.................r
{Clair"' Form and Payment •................r.rr........•..s......... .
EXHIBIT A: TERPI1S AND CONDITIONS NS................r....r........r.r...r........r.•.•..... ..... ...... ,..P..,......
EXHIBIT B: FEDERAL RESTRICTIONS ON THE USE OF LSTA FUNDS 25
EXHIBIT C: LSTA AWARD REQUIREMENTS ...29
CIPA Compliance 29
Contracting Guidance 0
Accessibility 30
Language Access Services 31
EXHIBIT D: CERTIFICATION OF COMPLIANCE FORM 32
Certification 4C
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Dom Sign Envelope ID: 5E57C BA-01 D-4C A-8675-YFCBTA FD65O
ATTACHMENT 2
CI( ![f ly/lfr!
STATE"II BRARY
PRESERVING OUR HERITAGE. SHAPING OUR FUTURE
PROJECT SUMMARY
National City Public Library
Library Access on the Go
40-9219
2021-2022
Page 2 of 41
AWARD AGREEMENT BETWEEN THE CALIFORNIA STATE LIBRARY
and National City Public Library for the Library Access on the Go
AWARD AGREEMENT EI T NUMBER 40-9219
This Award Agreement ("Agreemenff) is entered into on July 30, 2021 by and
between the California State Library ("State Library") and National City Public Library,
("Subrecipient") .
This Award Agreement pertains to National City Public Library's LSTA-funded
Library Access on the Go project.
The Library Development Services Division (OLDS") of the State Library supports
programs related to library development and cooperation through the administration
of state and federal funds.
The Subrecipient was selected by the State Library to receive LSTA mare funds
in the amount of $16,421 through the process adopted by the State Library in
administering such grants.
The State Library and the Subrecipient, for the consideration and under the
conditions hereinafter set forth in the Grant Agreement, agree as follows:
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ATTACHMENT 2
"8 F-1
cwtCc z}ncca
TATE I BRARY
'.-
FRU5ERViNG OUR FIERITAGE, SHAPING OUR FUTURE
PROCEDURES and REQUIREMENTS
National City Public Library
Library Access on the Go
40-9219
2021-2022
Page 3 of 41
Term of the Agreement
The Award term begins on the date of execution of the Agreement by both parties,
until September 30, 2022.1f completion of the project occurs prior to the end of the
grant period this will be the end date of the term of this agreement. Award eligible
program expenditures may begin no earlier than the start date of the project period.
The project period ends on June 30, 2022 and all eligible program costs must be
incurred by this date.
Scope of Work
1. Subrecipient agrees to perform all activities specifically identified in the
Subrecipient's application and submitted to the State Library in response to LSTA
Competitive (Local) Grant Award opportunity.
2. The following activities and deliverables to be performed by the Subrecipient
include, but are not limited to the following:
• Maintain and keep records of expenditures related to the grant that are
consistent with the Generally Accepted Accounting Principles (GAAP).
• Make financial records available to the State Library upon request.
• Work with the ,State Library, staff to assure that funds are disbursed in
compliance with the purpose of the grant.
• Prepare and submit required narrative and financial reports.
• Procure eguIpment, and other supplies as needed for the project.
• Issue contracts for services, personnel, and consultants.
• If applicable, make payments for services, including for hours worked and
travel reimbursements, to consultants and contractors.
• Oversee the implementation of project activities.
Spending Funds
1. There are federal restrictions for how LSTA funding can and cannot be spent.
Please be sure to review the Restrictions on the Use of LSTA Grant Funds, also
detailed in Exhibit B of this agreement, to ensure that LSTA funds are used
appropriately. Unallowable costs may not be counted toward a project's snatch
or in -kind contribution.
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Library Access on the Go
40-9219
2021-2022
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Narrative and Financial Reports
1, The Subrecipient shall be responsible for submission of interim and final narrative
and financial reports on the progress and activities of the project, to the
California State Library, using the sample report documents provided by the
California State Library.
2. All the reports must be current, include all required sections and documents, and
must be approved by the Grant Monitor before any payment -request, can be
processed. Failure to comply with the specified reporting requirements may be
considered a breach of this Agreement and result in the termination of the
Agreement or rejection of the payment request and/or forfeiture by the
Subrecipient of claims for costs incurred that might otherwise have been eligible
for grant funding. Any problems or delays must be reported immediately to the
Grant Monitor. The financial reports shall reflect the expenditures mode by the
Subrecipient under the Agreement, and may be incorporated into the same
reporting structure as the narrative reports.
3. The reports shall be submitted by the following dates:
Reporting
Period
Report
Due Date
July
- September
1st Quarter
Financial
Report
Due
October
15, 2021
October
- December
2nd
Mid
Due
e
Quarter
Project
Financial
Program
Report
Narrative
Due
Report
and
January 15, 2022
January - March
3rd Quarter
Financial
Report
Due
April 15, 2022
April
- Project
End
Date.
Final
Detail
Narrative
Financial
Report
Report
Report,
and
Final
Due
Expenditure
Program
Upon
project
July
completion
but
31, 2022
no
later
of
the
than
60
Days from
End Date
is extended
extension
new dates)
(if
letter
Project
end
see
date
for
.
:
Liquidation. Financial
required if encumbered
not been spent by project
Report
funds
Due (Only
have
end date)
August
31, 22
4. Failure to submit timely reports with the appropriate documentation by the due
date may result in rejection of the payment request andor forfeiture by the
Subrecipient of claims for costs incurred that might otherwise have been eligible
for grantfundin .
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40-9219
2021-2022
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'5. The Subrecipient nt agrees to maintain records and supporting documentation
pertaining to the performance of this grdnt.subject to possible audit for a
minimum um of five (5) years after final payment date or grant term end date,
whichever is later. Please refer to Exhibit A, Terms and Conditions for more
information.
Claim Form and Payment
1. The California State Library shall provide the Subrecipient payment as outlined
in the payment schedule, and only for those activities and costs specified in the
approved award application.
2. The Subrecipient shall complete, sign, and submit the Certification of
Compliance form (Exhibit D) and the Financial Claim form (included in your
award packet) to the California State Library within 14 days of receiving the
award packet. These forms will be issued, signed and submitted usinc the online
signature and agreement platform, DocuSign.
n.
3. Any of the sums listed as approved and/or amended appearing under the
categories in the approved budget may be adjusted with prior authorization
from the California State Library Grant Monitor, This would be to increase the
allotment with the understanding that there will be corresponding decreases in
the other allotments so that the total amount paid by the California State
Library to the Subrecipient under this Agreement shall not exceed the awarded
amount, which shall be expended/encumbered during the grant period.
• 4. If the payment amount made by the California State Library exceeds the
actual expenses incurred during the term of this Agreement, as reflected in the
financial reports to be filed by the Subrecipient the Subrecipient shall
immediately refund the excess payment amount to the California State Library.
5. The Award payments will only be made to the Subrecipient. It is the
Subrecipient's responsibility to pay all contractors and subcontractors for
purchased goods and services.
6. For awards over $20,000, the Final Payment of 1 % will be withheld and retained
by the California State Library until all conditions agreed upon in this
Agreement, including submission and Grant Monitor approval of the final
narrative and financial reports, have been satisfied.
7. Prompt Payment Clause
The California State Library will make payments to the Subrecipient in
accordance with the Prompt Payment Clause under Government Code.
section 927, et. seq. The Subrecipient may typically expect payment to be
issued within 45 days from the date a grant payment request is properly
submitted and approved by the Fiscal Analyst.
8... Budget Contingency Clause
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40-9219
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a. It is mutually agreed that if the Budget Act of the current fiscal year or
any subsequent years covered under this Agreement does not
appropriate sufficient funds for the program, this Agreement shall no
longer be in full force and effect. In this event, the*Califorr is State Library
shall have no liability to pay any funds whatsoever to the Subrecipient or
to furnish any other considerations under this Agreement and the
S brecipient shall not be obligated to perform any provisions of this
Agreement.
b. If funding for any fiscal year is reduced or deleted by the Budget Act for
purposes of this Program, the California State Library shall have the
option to either cancel this Agreement with nb liability occurring td itself
or offer an Agreement amendment to the Subrecipient to reflect the
reduced amount.
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Docu8 n Envelope ID: 5E57G BA- 1 D-4G2A-bi75-9FGB7A6FD65D
ATTACHMENT 2
es „tin_
rdia TAT ,, I BRNRY
AREN=Nimn
PRESERVING OUR HERITAGE, SHAPING OUR FUTURE
tH711*it
National City Public Library
Library Access on the Go
40-9219
2021-2022
Page 7 of 41
EXHIBIT A: TERMS AND CONDITIONS
1. Acknowledgment: The Institute of MuseuTi and Library Services and the
California State Library shall be cclnowleded in all oronnotional materials anc
publications related to the LSTA-funced project.
a. LSTA awarc recipients must ensure that the Library Services and
Technology Act receive full credit as the funding prarcm and that the
Institute of Museum and Library Services (IMLS) likewise, is acknowledged
ed
as the federal source of funds.
b. Publications ana information releases about the project must credit the
Library Services and Technology Act (LSTA). An appropriate statement for
a publication or project press release is:
"This [publication/project] was supported in whole or in part by the
u.. Institute of Museum and Library Services under the provisions of
the Library Services and Technology Act, administered in California
by the State Librarian."
As appro
oriate, this disclaimer should
be oc
dec:
"The opinions expressed herein do not necessarily reflect the
position or policy of the U.S. Institute of Museum and Library
Services or the California State Library, and no official endorsement
by the U.S. Institute of tviuseum and Library Services or the California
State Library should be inferred."
c . This credit line on products of a project, such as materials and puolicity, is
important to foster support from the public and by state and federal
funcing sources.
d. For more examples from Institute of Museum and Library Services (MLS)
provided for recipients of national level grants, please see 1MLS
Acknowledgement ement equirements.
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ATTACHMENT 2
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e. 1MLS Logo: Use of the IMLS logo, which con be downloaded on the INALS
Logos Page, is required on any publications. Please refer to the IMLS Bra n
Stanaras gage for further details and usage requirements. If the award
project results in copyrightaoIe material, the sub Subrecipient or any
suocontractor of the sub Suorecipient is free to copyright the work.
However, lh, LS and the State Liorcry reserve c royalty -free, exclusive cnd
irrevocable license to reproduce, publish, or otherwise use and authorize
others to use the work for government purposes.
f . Photo Documentation: Digital photos are a great way to document the
happenings of your project. It is recommended that you use a photo
release form when taking photos of the public. You may use your library's
photo release form, or use the IMLSMedia content Authorization and
Release form.
2. Aency: In the performance of this Agreement the Suorecipient and its agents
and employees shall actin an independent capacity and not as officers,
employees or agents of the California State Library. The Subrecipient is solely
responsible for all activities supported by the grant. Nothing in this Agreement
creates a partnership, agency, joint venture, employment, or any other type of
relationship between the oodles. The Subrecipient shall not represent itself as an
agent of the California State Liorary for any purpose, anc has no authority to
oind the State Library in any manner whatsoever.
3. Amendment: No amenarnent or variation of the terms of this Agreement shall
be valid unless made in writing, signed by the parties, and approved as required.
No oral understanding or agreement not incorporated into this Agreement is
binding on any of the parties. This Agreement may be amended, modified or
augmented oy mutual consent of the parties, subject to the requirements and
restrictions of this paragraph.
4. Aoolicable law: The laws of the State of California shall govern all proceecings
concerning the validity and operation of this Agreement anc the performance
of the obligations imposed upon the partios hereunder. The parties hereby
waive any right to any other venue.. The place where the Agreement is entered
into and place where the ooligation is incurred is Sacramento county, California.
5. Assignment, Successors, anc Assigns: The Subrecipient may not assign this
Agreement or delegate its performance to any third -party person or entity, either
in whole or in part, without the California State Library's prior written consent. The
provisions of this Agreement shall be binding upon and inure to the benefit of the
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2021-2022
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California State Library, the Subrecipi nt, and their respective successors and
assigns.
6. Audit and Records Access: The Subrecipient agrees that the California State
Library, the Department of General Services, the State Auditor, or their
designated representatives shall have the right to review, audit, inspect and
copy any records and supporting documentation pertaining to the performance
of this Agreement. The Subrecipient agrees to maintain such records for possible
audit for a minimum of five (5) years Offer the final payment, or grant term end
date,whichever is•later, unless a longer period of records retention is stipulated,
or until completion of any action dnd resolution of all issues which may arise as a
result of any litigation, dispute, or audit, whichever is later. The Subrecipient
agrees to allow the auditor(s) access to such records during normal business
hours and to allow interviews of any employees who might reasonably have
information related to such records. Further, the Subrecipient agrees to include a
similar right of the State to audit records and interview staff in any subcontract
related to performance of this Agreement.
Examples of audit documentation may include, but not limited to, competitive
bids, grant amendments, if.any+ relating to the budget or work plan, copies of
any agreements with contractors or subcontractors if utilized,.,e penditure
ledger, payroll register entries, time sheets, personnel expenditure summary form,
travel. expense log, paid warrants, contracts and change orders, samples of
items and materials developed with grant funds, invoices and/or cancelled
checks.
. Authorized Representative: Subrecipienf and the California State Library
• mutually represent that their authorized representatives have the requisite legal
authority to sign on their organization's behalf.
. Communication: All communications from either party, including an interim
check -in at any time during the grant term, shall be directed to the respective
Grant Monitor or representative of the California State Library or Subrecipient, for
this purpose, the following contact information is provided below:
National City Public Library
Joyce Ryan
jryan@nationalcityca gov
California State Library
Lynne Oliva
lynne.olivalibrary.ca.gov
9. confidentiality: Subrecipient will maintain as confidential any material it receives
or produces that is marked Confidential or is inherently confidential, or is
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ATTACHMENT 2
•
National City Public Library
Library Access on the Go
40-9219
1
2021-2022
Pagel°of41
protected by privilege. Subrecipient agrees toalert the State Library to this status
in advance, and State Library agrees to maintain this status in conformity with
the Public Records Act.
10. Contractor and Subcontractors: Nothing contained in this Grant Agreement or
otherwise shall create any contractual relation between the State and any
contractor or subcontractors, and no contract or subcontract shall relieve the
Subrecipient of their responsibilities and obligations hereunder. The Subrecipient
agrees to be as fully responsible to the -State for the acts and omissions of its
contractors, subcontractors, volunteers, student interns and of persons either
directly or indirectly employed by any of them as it is for the acts and omissions
of persons directly employed by the Subreciibient. The Subrecipient's obligation
'to pay its contractors and subcontractors is an independent obligation from the
State's obligation to make payments to the Sulrecipient. As a result, the State
shall have no obligation to pay or to enforce the payment of any monies to any
contractor or subcontractor.
1. Copyright: Subrecipient owns and retains titles to any copyrights or
copyrightable material from any original works that it creates within the scope of
this Agreement in accordance with the federal Copyright Act. (17 U.S.C. 101, et
seq.) Subrecipient is responsible for obtaining any necessary, licenses, permissions,
releases or authorizations to use text, images, or other materials owned,
copyrighted, or trademarked by third parties and for extending such licenses,
permissions, releases, or authori ations.to the California State Library pursuant to
this section. Also, the California State Library may upload, post or transmit
copyrighted material produced or purchased with grant funds on a California
State Library, website for public access and viewing.
12. Discharge of Grant Obligations: The Subrecipienf's obligations under this
Agreement shall be deemed discharged only upon acceptance of the final
report by California State Library. If the Subrecipient is a non-profit entity, the
Subreciienf's Board of Directors shall accept and certify as accurate the final
report prior to ifs submission to California State Library.
1- , Dispute Resolution: In the event of a dispute, Subr cipient will discuss the
problem informally with the Grant Monitor. if -unresolved, the Subrecipient shall
file a written "Notice of Dispute" with the State Library Grant Monitor within ten
(10) days of discovery of the problem. Within ten (10) days of receipt, the Grant
Monitor shall meet with the Subrecipient for purposes of resolving the dispute.
Any dispute arising under the terms of this Agreement which is not disposed of
within a reasonable period of time, the-Subrecipi nt may bring it to the attention
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of theState Librarian or the designated representative. The decision of the State
Librarian or designated representative shall be final, Unless otherwise instructed
by the Grant Monitor, the Subrecipient shall continue with its responsibilities under
this Agreement during any dispute.
14. Drug -free Workplace: The Subrecipient certifies under penalty of perjury under
the laws of California, that the Subrecipient will comply with the requirements of
the Drug -Free Workplace Act of 1990 (Gov. Code, § 8350 et. seq.) and will
provide a drug -free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture,
distribution, dispensation, possession or use of a controlled substance is
prohibited and specifying actions to be taken against employees for violations,,
b. Establish a Drug-Fre.e Awareness Program to inform employees about all of the
following.
1) The dangers of drug abuse in the workplace.
2) The ubrecipient's policy of maintaining a drug -free workplace;
3) Any availabre counseling, rehabilitation and employee assistance
programs.
4) Penalties that may be imposed upon .employees for drug abuse violations.
c, Require that every employee ee who works on the Agreement will:
1) Receive a copy of the Subrecipient's ient's drug -free workplace policy
statement.
2) Agrees to abide by the terms of the Subrecipient's statement as a
condition of employment' on the Agreement.
Failure to comply with these requirements may result in suspension of payments
under the Agreement or termination of the Agreement or both and Subrecipient
may be ineligible for award of any future state agreements if the California State
Library determines that the Subrecipient has made a false certification, or
violated the .certification by failing to carry out the requirements as noted above.
15. Effectiveness of Agreement: This Agreement is of no force or effect until signed
by both parties.
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16. EntireAgreement: This Agreement supersedes all prior agreements, oral or
written, made with respect to the subject hereof and, together with all
attachments hereto, contains the entire agreement of the parties..
17, Exclusive ,greement: This is the entire Agreement between the California State
Library and Subrecipient,
18. Extension: The State Librarian or designee may extend the final deadline for
good cause. The Subrecipient's request .for an extension of the grant period must
be made in writing and received by the California State Library at least 30 days
prior to the final deadline. Extensions of up to 30 days following the original
project period end date may be granted. Extended project end dates may not
exceed the end of the Federal fiscal year (September ) ,
19. Failure to Perform: If the Grant Monitor determines the Subrecipient has not
complied with this Agreement, or is not implementing the project as approved
by the State Library, the Subrecipient may forfeit the right to reimbursement of
any grant funds not already by the California State Library, including, but not
limited too the ten percent (10%) withhold.
20. Federal and State Taxes: The State Library shall not:
a. Withhold Federal Insurance Contributions Act (FICA) payments from -
Subrecipient's payments or make FICA payments on the Subrecipient's
behalf; or
b. Make Federal or State unemployment insurance contribu#iens on
Subrecipient's behalf; or
c. Withhold Federal or State income taxes from Subrecipient's payments
Subrecipient shall pay all taxes required on payments made under this
Agreement- including applicable income taxes and FICA.
21. Force Majeure: Neither the California State Library nor the Subrecipient, its
contractors, vendors, or sul contractors, if any, shall be responsible hereunder for
any delay, default, or nonperformance of this Agreement, to the extent that
such delay, default, or nonperformance is caused by an act of God, weather,
accident, labor strike, fire, explosion, riot, war, rebellion, .sabotage, flood, or other
contingencies unforeseen by the California State Library or the Subrecipient, its
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contractors, vendors, or subcontractors, and beyond the reasonable control of
such party.
2 . Forfeit of Grant Funds and Repayment ment of Funds Inm roloerly Expended: If grant
funds are not expended, or have not been expended, in accordance with this
Agreement, the State Librarian or designee, at their sole discretion, may take
appropriate action under this Agreement, at law or in equity, including requiring
the Subrecipient to forfeit the unexpended portion of the grant funds, including,
but not limited to, the ten percent (1O%) withhold, and/or to repay to the
California State Library any funds improperly expended.
23. Fringe Benefit Ineligibility:, Subrecipient agrees that neither the Sul recipient nor
its employees and contract personnel are eligible to participate in any
employee pension, health benefit, vacation pay, sick pay or other fringe benefit
plan of the State of California or the State Library.
24. Fundin ntin ncy:
a. This grant award may have been written before ascertaining the
availability of congressional appropriation of funds, for the mutual benefit
of both parties in order to avoid program and fiscal delays which would
occur if the grant award were executed after that determination was
made,
b. This grant award is valid and enforceable only if sufficient funds are made
available to the State by the United States government for the Fiscal Year
2021-2022 for the purposes.of this program. In addition, this grant award is
subject to any additional restrictions, limitations, or conditions enacted by
the Congress or any statute enacted by the Congress which may affect
the provisions, terms or funding of this grant award in any manner.
c. It is mutually agreed that if the Congress does not appropriate sufficient
funds for the program, this grant award shall be amended to reflect any
reduction in funds.
d. The California State Library has the option to amend the grant award to
reflect any reduction of funds.
e. upon the grant award approval by the State Librarian, one (1) completed
set of this Award, Agreement will be sent to the Subrecipient. Such copy
shall be the officially approved agreement for the conduct of the
approved project.
25. Generally Accepted Accounting Principles: The Subrecipient is required to use
Generally Accepted Accounting Principles In documenting all grant
expenditures.
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26. Grant Monitor: The Grant Monitor may monitor Subrecipient performance to
ensure Subrecipient expends grant funds appropriately and in a manner
consistent with the terms and conditions contained herein. The Grant Monitor
does not have the authority to approve any deviation from or revision to the
Terms and Conditions (Exhibit A) or the Procedures and Requirements, unless
such authority is expressly stated in -the Procedures and Requirements.
- 27. Independent Action: Subrecipient reserves the right to fulfill its obligations under
this.Agreement in an independent manner, at any location and at any time
within the agreed -upon Subrecipient's employees or contract personnel
shall perform all services required by this Agreement, but their time need not be
devoted solely to fulfilling obligations under this Agreement. Subrecipient shall
furnish all equipment and materials used to meet its obligations, and complete
the Project. The State Library shall not provide any personnel or other resources
beyond the grant award, and is not required to provide training in connection
with this Agreement.
28. Indemnification: Subrecipient agrees to indemnify, defend and save harmless
the State of California, the California State Library and its officers, employees,
and agents, from any and all claims, losses, and liabilities accruing or resultinc to
any and all contractors, subcontractors, suppliers, laborers and any other person,
firm or corporation furnishing or supplyingwork services, materials, or supplies in
connection -with the performance of this Agreement, and from any and all
claims and losses accruing or resulting to any person, firm or corporation who
may be injured or d amged by Subrecipient in the performance of this
Agreement.
29. License to_U; The California State Library and the Institute of Museum and
Library Services reserve a fully paid -up* royalty -free, nonexclusive, sub -licensable
and irrevocable license to reproduce, publish, prepare derivative works,
distribute or otherwise use, and to authorize third parties to use, any material
received or maintained by Subrecipient in connection with this Agreement. This -
includes intellectual property, with or without third -party rights. All such usages
will be for public library and State governmental purposes:
a. The copyright in any work developed under this grant or contract under
this award; and
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b. Any rights of copyright to which a Subrecipient or a contractor purchases
ownership with award support.
30. Limitation pf Expenditure: Expenditure for all projects must conform to the
approved budget, as amended, and with applicable Federal and State laws
and regulations.
During the award period, the subrecipient may find that the awarded budget
may r need to be modified. Budget changes, requests for additional funds, or
requests for reductions in award funding must be discussed with the assigned
State Library Grant Monitor and a Grant Award Modification may be required to
be submitted according to the instructions. Approval is by the State Librarian.
Adjustments should be reported on the -next financial report. Any adjustments in
approved budgets must be documented and documentation retained in
project accounts. The total amount paid by the California State Library to the
subrecipient under this agreement shall not exceed $16,421 and shall be
expended/encumbered in the designated award period.
3L Lobbying: Subrecipient confirms that the grant funds will not be used for the
purposes of lobbying or otherwise attempting to influence legislation, as those
purposes are defined _by the U.S, Internal Revenue Code of 1986.
32.Non-Discrimination Clause: During this grant period, the Subrecipient and the
Subrecipient's contractors, and subcontractors shall not unlawfully discriminate,
harass* or allow harassment against any employee or applicant for employment
because of race, religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, genetic information, marital status,
sex, age, sexual orientation, or military r .and veteran status. Subrecipient shall
insure that the evaluation and treatment of contractors, employees and
applicants for employment are.free from such discrimination and harassment.
Additionally, Subrecipient, contractors, and subcontractors, if applicable, shall
comply with the provisions of the Fair Employment and Housing Act (Gov. Code
§12900 et seg1), the regulations promulgated thereunder (Cal. Code Reps., fit. 2,
§11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division , title 2 of
the Government Code (Gov. Code §§ 111 -11139. ), and the regulations or
standards adopted by the California State Library to implement such article.
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Subrecipient shall permit access by representatl res of the Department of Fair
Employment ent and Housing and the California State Library upon reasonable
notice at any time during the normal business hours, but in no case less than 24
hours' notice, to such of ifs books, records, accounts, and all other sources of
information and its facilities as said Department or the California State Library
shall require to ascertain compliance with this clause. Subrecipient, nt, and its
contractors, and subcontractors shall give written notice of their obligations
under this clause to labor or organizations with which they have c collective
bargainingor other agreement, ent, (See Cal. Code Reps., tit. 2, §11105.)
Subrecipient 'shall include the non-discrimination and compliance provisions of
this clause in all contracts and subcontracts to perform work under the
Agreement.
33. Notices: All notices and other communications in connection with this
Agreement shall be in writing, and shall be considered delivered as follows:
a. Electronic Mali .(E-mail): When sent by e-mail to the last e-mail address
of the recipient known to the party giving notice. Notice is effective
upon receipt.
b. DocuSign - i natur platform): When sent via DocuSign a notification
will be sent to the last e-mail address of the recipient known to the party
giving notice. Notice is effective upon receipt.
c. Grants Management System: When sent via ' uploaded to the California
State Library's Grants Management System a notification will be sent to
the last e-mail address of the recipient known to theparty giving notice.
Notice is effective upon receipt
d. Personally: When delivered personally to the recipient's physical
address as stated in this Agreement.
e. U.S. Mali: Five days after being deposited in the U.S. Mail, postage
prepaid, and addressed to recipient's address as stated in this
Agreement.
34. ,Order of Precedence: The performance of this Agreement shall be conducted
in accordance with the Terms and conditions, Procedures and Requirements,
Federal Restrictions on the Use of LSTA Funds, LSTA Award Requirements,
Certificate of Compliance, and Project Summary of this Agreement, or other
combination of exhibits specified on the Grant Agreement Coersheet attached
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hereto (collectively referred to as "Terms"). u recipient's California State Library -
approved Application (Subrec!pient's Application) is hereby incorporated herein
by this reference. In the event of conflict or inconsistency between the articles,
exhibits, attachments, specifications or provisions that constitute this Agreement,
the following order of precedence shall apply:
(a) Grant Agreement Coversheet and any Amendments thereto
(bj Terms and Conditions
(c) Procedures and Requirements
(d) Federal Restrictions on the Use of LSTA Funds
(e) LSTA Award Requirements
(f) Certificate of Compliance
(g) Project Summary
(h) Subrecipient's Application
{r) All other attachments hereto, including any that are incorporated by
reference.
35. Payment:
a. The approved Budget, if applicable as detailed in the Award Letter, states
the maximum amount of allowable costs for each of the tasks identified in
the Activity Timeline included in the project application, California State
Library shall provide funding to the Subrecipient for only the work and
tasks specified in the ubrecipient's Application at only those costs
specified in the Budget and incurred in the term of the Agreement.
b. The Subrecipient shall carry out the work described in the Sul recipient's
Application in accordance with the approved Budget, and shall obtain
the Grant Monitor's written approval of any changes or modifications to
the approved project as described in the Subrecipient's Application or
the approved Budget prior to performing the changed work or incurring
.the changed cost. If the Subrecipient lent fails to obtain such prior written
approval, the State Librarian or designee, at their sole discretion, may
refuse to provide funds to pay for such work or costs,
c. The Subrecipient shall request funds in accordance with the funding
schedule included in this agreement.
d. For awards with total funding exceeding $20,000, ten percent (1O%) will be
withheld from each Payment Request and paid at the end of the grant
term, when all reports and conditions stipulated in this Agreement have
been satisfactorily completed. Failure by the Subrecipient to satisfactorily
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complete all reports and conditions stipulated in this Agreement may
result in forfeiture of any such funds withheld pursuant to California State
Library's 10 percent (10%) retention policy.
e. Lodgings, Meals and Incidentals: Subrecipient's Per Diem eligible le costs are
limited to the amounts authorized in the -California State Administrative
Manual (contact the Grant Monitor for more information).
f. Payment will be made only to the Subrecipient.
g. Allowable expenses shall not be incurred unless and until the Subrecipient
receives official award notification as described in the Procedures and
Requirements.
36. Personal Jurisdiction: The Subrecipient consents to personal jurisdiction in the
State of California for all proceedings concerning the validity and operation of
this Agreement and the performance of the obligations unposed upon the
parties. Native American Tribal Subrecipient s expressly waive tribal sovereign
immunity as a defense to any and all proceedings concerning the validity and
operation of this Agreement and the performance of the obligations imposed
upon the parties.
37, Personnel Costs: If there are eligible costs pursuant to Exhibit D, Eligible and
Ineligible costs, any personnel expenditures to be reimbursed with grant funds
must be computed based on actual time spent on grant -related activities and
on the gctual salary or equivalent hour[y wage the employee is aid for their
p
regular job duties, including a proportionate share of any benefits to which the
employee is entitled, unless otherwise specified in Exhibit D.
38. Pledge:.This Agreement shall not be interpreted to create any.pled e or any
commitment by the State Library to make any other or further grants or
contributions to Subrecipient, or any other person or entity in connection with the
Project. It is mutually agreed that Subrecipient is responsible for furnishing funds
beyond the award that may be necessary to complete outcomes or
deliverables.
39. Privacy Pr tection: Both parties agree to protect the confidentiality of any non-
public, personal information that rngy be contained in materials received or
produced in connection with this Agreement, as required by Civil Code# section
1798, et. seq.
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40. Prohibited Use: The expenditure under this program shall not be used to supplant
Subrecipient efforts in other grant programs provided by the California State
Library and shall not be used to supplant subrecipient effort.
41:Provisions: This agreement is entered into under provisions of the Library Services
and Technology Act, Public Law 104-208 on September 30, 1996; and
Congressional Record - House, H11644-H11728 on September 28, 1996, H.1
H 1 267 on October 3, 1996; and 2 CFR 200, uniform Administrative Requirements,
Cost. Principles, and Audit Requirements for Federal Awards, December 26, 2013.
Congress enacted the Museum and Library Services Act of2010 (Pub. L 111-340,
codified at 20 U.S.C. § 9101 et seq.), which also incorporates Library Services and
.Technology Act (LSTA).
a. Performance of the previsions of this agreement is subject to the
conditions and availability of funds .as awarded by the State Librarian
under said Act.
42. Public Records Act: Material maintained or used by the California State Library is
considered "public record" under the- Public Records Act (PRA) at Government
Code, sections 6250, et. seq. This includes the Interim and Final reports, and any
other written communications between the parties. Subrecipient agrees to
ensure that all content contained in its written reports are appropriate for
publication. Said material, along with all other reports, documentation and data
collected during the term of the Agreement, will be subject to disclosure unless it
qualifies for exemption under the PRA in whole or in part. Subrecipient agrees to
alert the State Library as to a basis for exemption, if any exists.
43. Publicity obligations: Subrecipient will notify the State Library of any promotional
materials or publications resulting from the award no later than five (5) days in
advance of distribution, whether they are print, film, electronic, or in any other
format or medium. Copies of all promotional materials will be provided to the
State Library. Subrecipient will acknowledge the LSTA support as noted above.
Subrecipient agrees that the State Library may include information about this
grant and its outcomes in ifs own annual reports, with specific reference to
Subrecipient, and may distribute such information to third parties,
44. Records: Communications, grant related documents, data, original receipts and
invoices must be maintained by Subrecipient and shall bemade available to the
• State Library upon request. Subrecipient agrees to maintain adequate grant
•
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program records and adequate financial records consistent with generally
accepted accounting practices, and to retain all records for at least five (5)
years after the end -of -term. The State Library may monitor or conduct an onsite
evaluation of Subrecipient's operation to ensure compliance with this
Areemerit, with reasonable advance notice.
45. Reduction of waste: In the performance of this Agreement, Subrecipient shall
take all reasonable steps to ensure that materials purchased or utilized in the
course of the project are not wasted. Steps should include, but not be limited to:
the use of used, reusable, ,or recyclable products; discretion in the amount of
materials used; alternatives to disposal of materials consumed; and the practice
of other waste reduction measures where feasible and appropriate.
46. Reimbursement Limitations: and er.no circumstances shall the Subrecipient seek
reimbursement pursuant to this Agreement for a cost or activity that has been or
will be paid for through another funding source. The .ubrecipient shall not seek
reimbursement for any costs used to meet cost sharing or matching requirements
of any other California State Library funded program.
47. Reports and Claims: It is the responsibility of the recipient of these_instructions to
see that the proper individual to supply the required reports and claims receives
'the instructions and makes the required reports and claims to the California State
Library.
a. The subrecipient shall be responsible for the submission of two Narrative
Reports, unless otherwise noted in the Grant Guide for the projectlocated
on the State Library's website, on the progress and activities of the project
to the State Library within 30 days following the end of the designated
quarter.
b. The subrecipient shall submit quarterly Financial Reports to the State
Library, unless otherwise noted in the Grant Guide for the project located
on the State Library's website. These reports are to reflect the expenditures
made by the subrecipient under the agreement. The financial reports are
to be submitted within 30 days following the end of the designated
quarter.
c. To obtain payment hereunder the subrecipient shall submit authorized
claims provided by the State Library for that purpose, on each of the
following .mentioned dates for payment, and the California State Library
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agrees to reimburse the Library as soon thereafter as State fiscal
procedures will permit.
d. In full payments are typically made for awards totaling $20,000 or less.
e. Funding for awards totaling more than $20,000 are issued in three
payments following a 4 % 4 % '10% payment schedule, unless an
_exception has been made,
f. The final 10% of the grant award (if applicable) is payable only if the
subrecipient fulfills all project reporting requirements and returns all
unspent funds by the time specified in the Grant Guide. Failure to provide
timely reports is a serious breach of an award recipient's administrative
duty under the award, which may result in federal audit exceptions
against the State and the loss of LSTA funds. The State Librarian may
extend the final• deadline for good cause. Request for extension beyond
the final deadline of the award period must be received at least 30 days
prior to that deadline.
g. Payment will be provided to cover the expenditures incurred by the
subrecipient for the project in the following manner: -
1 ,4 1 upon execution of the agreement and submission of claim by
fiscal agent
o If applicalle, second payment will be made upon approval of first
quarter financial report and receipt of claim form in the amount of $0
o if applicable, final payment will be made upon approval of all final
reports and receipt of claim fore in the amount of
h. If the amourit of payment made by the California State Library shall
exceed the actual expenses during the term of this agreement, as
reflected in the financial reports to be filed by the subrecipient, the
subrecipient shall refund to the California State Library the amount of such
excess payment.
48. Self -Dealing and rrr 's Length Transactions: All expenditures for which
reimbursement pursuant to this Agreement is sought shall be the result of arm's-
lenc th transactions and not the result of, or motivated by, self -dealing on the
dart of the Subrecipient or any employee or agent of the Subrecipient. For
purposes of this provision, "arm's-length transactions" are those in which both
parties are on equal footing and fair market forces are at play, such as when
multiple vendors are invited to compete for an entity's business and the entity
chooses the lowest of the resulting bids. "Self -dealing'! is involved where an
individual or entity, is obligated to act as a trustee or fiduciary, as when handling
public funds, and chooses to act in a manner that will benefit the individual or
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entity, directly or indirectly, to the detriment of, and in conflict with, the public
purpose for which all award monies are to be expended.
49. ev rabthfy_ If any part of this Agreement is found to be unlawful or
unenforceable, such provisions will be voided and severed from this Agreement,
but the remainder of the provisions in the Agreement will remain in full force and
effect.
50. Site Visits: The Subrecipient shall allow the California State Library to access and
conduct site visits, with reasonable notice, at which grant funds are expended
and related work being performed at any time during the performance of the
work and for up to ninety (90) days after completion -of the work, or until all issues
related to the grant project have been resolved. A site visit may include, but not
be limited to, monitoring the use of grant funds, provide technical assistance
when needed, and to visit the State funded project.
51. Subrecipient: The Subrecipient is the the government or other legal entity to
which a subaward is awarded and which is accountable to the grantee for the
use of the funds provided.
a. The subrecipienf will make reports to the State Librarian in such form and
containing such information as may be required to enable the California
State Library to perform its duties. The subrecipient will keep such records
and afford such access as the California State Librarian or Library may find
necessary to assure the correctness and Verification of such reports.
b. The control of funds and title to property derived there from shall be in a
subrecipient agency for the uses and purposes provided; a subreaipient
agency will administer such property and funds and shall apply funds only
for the purposes for which they were granted.
52. Subrecipient Accountability. The Subrecipient is ultimately responsible and
accountable for the manner in which the grant funds are utilized and
accounted for and the way the grant is administered, even if the Subrecipient
has contracted with another organization, public or private, to administer or
operate ifs grant program. In the event an audit should determine that grant
funds are owed to the California State Library, the Subrecipient is responsible for
repayment of the funds to the California State Library.
53. Subrecipient Funds: It is mutually agreed that the Subrecipient is responsible for
furnishing funds beyond the grant award that may be necessary to complete
the project.
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54. Termination: The Agreement shall be subject to termination by the State
Librarian or designee upon notice to the Subrecipient at least thirty (30) days
prior to the effective date of termination. In the event this agreement is
terminated, the Subrecipient shall deliver to the State Librarian copies of all
reports, accounting, data, and materials prepared up to the date of termination.
The State Librarian shall determine, and pay the Subrecipient for necessary and
appropriate expenditures and obligations up to the date of termination which
have not been covered by prior installments previously paid to the Subrecipient.
Upon such termination, the unused portion of the grant award must be returned
to the California State Library. within 45 days. if funding has been advanced to
the Subrecipient, any unobli ated balances, as determined by the State
Librarian, shall be returned to the State Library within 45 days of the notice of
termination.
The State Librarian is empowered to review, audit, and inspect the project for
compliance with this aree•ment.
55.-Timeline: Time is of the essence to this Agreement. It is mutually agreed between
the parties that the grant application and the timeline included therein are part
of the Agreement.
56. Unused Funds: At the end -of -term Subrecipient agrees to return any
unexpended or unaccounted for funds to the State Library, or to submit a written
request for an extension of the award period. Funds will beconsidered
unexpended or unaccounted if they were: (1) not used for their intended
purpose, or (2) used inconsistently with the terms of this Agreement.
Funds will also be considered unaccounted for, 'and must be returned, if the
proposal outcomes or deliverables are materially incomplete by the end -of -term
or earlier termination, as determined by the State Library in its sole discretion.
57. waiver of Rights: California State Library shall not be deemed to have waived
any rights under this Agreement unless such waiver is given in writing and signed
.by California State Library. No delay or omission on the part of California State
Library in exercising any rights shall operate as a waiver of such right or any other
right. A waiver by California State Library pf a provision of this Agreement shall
not prejudice or constitute a waiver of California State Library's right otherwise to
demand strict compliance with that provision or any. other provision of this
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Agreement. No prior waiver by California State Library, nor any course of dealing
between California State Library and Subrecipient, shall constitute a waiver of
any of California State Library's rights or of any of Subrecipient's obligations as to
any future transactions. Whenever the consent of California State Library is
required under this Agreement, the granting of such consent by California State
Library in any instance shall not constitute continuing consent to subsequent
instances where such consent is required and in all cases such consent may be
granted or withheld in the sole discretion of California State Library.
58. Work Products: Subrecipient shall provide California State Library with copies of
all final products identified in the Work Plan and Application. Subrecipient shall
also provide the State Library with copies of all public education and advertising
material produced pursuant to this Agreement.
59. Workers' Compensation: The State of California will not provide Workers'
Compensation insurance for Subrecipient or Subrecipient's employees or
contract personnel. If Subrecipient hires employees to perform services required
by this Agreement, Subrecipient shall provide Workers' Compensation insurance
for them. The Subrecipient is aware of Labor Code Section 3700, which requires
every employer to be insured against liability for Workers' Compensation or to
undertake self-insurance in accordance with the Labor .code, and the
Subrecipient agrees to comply with such provisions before commencing the •
performance of the work of this Agreement.
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EXHIBIT B: FEDERAL RESTRICTIONS ON THE USE OF LSTA FUNDS
To clarify some of the more commonly -occurring questions regarding how Library
Services and Technology Act (LSTA) funds can or cannot be used, please see the list of
explanations below. These explanations have been extracted from the Code of Federal
Regulations and Iist important highlights of allowable and unallowable costs.
Administrators and project coordinators of LSTA grant projects are cautioned that they
must abide by all regulations inconducting their projects and in allotting charges
against grant funds. In cases of ambiguity, uncertainty, or questions in identifying
allowable cost items under Federal procedures, contact Lynne Oliva, LSTA Coordinator
at lynne.oliva@library.ca.gov. A complete Iist with descriptions can be found on the
Electronic Code of Federal Reulations weboaae.
1. ADVERTISING AND PUBLIC ELATI N Advertising costs are allowable only when
incurred for the recruitment of personnel, the procurement of goods and
services, the disposal of scrap or surplus materials, and other specific purposes
necessary to meet the requirements of the Federal award. Public relations costs
are allowable when incurred to communicate with the public and press
pertaining to specific activities or accomplishments that result from performance
of the Federal award. Costs of advertising and public relations at conventions,
meetings or other events, including displays, demonstrations, exhibits, meeting
rooms, hospitality suites, and special facilities used in conjunction with shows and
special events; and salaries of employees engaged in setting up and displaying
exhibits, making demonstrations, and providing briefings are unallowable.
Source: 2 CFR Part 200 uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards. See Electronic Code of Federal
Regulations: Advertising and Public Relations
2. ADVISORY COUNCILS Costs incurred by advisory councils or committees are
unallowable unless authorized by statute, the Federal awarding agency or as an
indirect cost where allocable to Federal awards. See § 200.444 General costs of
government, applicable to states, local governments and Indian tribes. Source:
CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards. See Electronic Code of Federal Regulations:
Advisory Councils
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3. ALCOHOLIC BEVERAGES Costs of alcoholic beverages are unallowable. Source: 2
CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards. See Electronic Code of Federal Regulations:
Alcoholic Beverages
4. BUILDING, CONSTRUCTION, RENOVATION COSTS Building, construction, or
renovation costs are unallowable. Source: 2 CFR Part 200 Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards. See
Electronic Code of Federal Regulations: Equipment and Other Capital
Expenditures, Rearrangement and Reconversion Costs, and Maintenance and
Repair Costs
5. CONFERENCES Costs of meetings and conferences, including meals,
transportation, rental of meeting facilities, and other incidental costs, where the
primary purpose is the dissemination of technical information, are allowable.
Source: 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards. See Electronic Code of Federal
Regulations: Conferences,
6. CONTRIBUTIONS, DONATIONS, HONORARIUMS, STIPENDS Contributions and
donations, including cash, property, and services, that use grant funds and are
made by grant recipients to others, regardless of the recipient, are unallowable.
Source: 2 CFR Part 200 Uniform Administrative Requirements, ents, Cost Principles, and
Audit Requirements for Federal Awards. See Electronic Code of Federal
Regulations: Contributions and Donations
(NOTE: Honorariums and stipends are also unallowable. Wages, salaries,
reimbursements, payment for work done, and fees charged by speakers are
allowable)
7. ENTERTAINMENT Costs of entertainment, including amusement, diversion, and
social activities, and any costs directly associated with those, such as tickets to
shows or sports events, meals, lodging, rentals, transportation, and gratuities are
unallowable. Source: 2 CFR Part 200 Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards. See Electronic Code of
Federal Regulations: Entertainment
8. FUND-RAISING Costs of organized fund-raising, including financial campaigns,
solicitation of gifts and bequests, and similar expenses incurred to raise capital or
to obtain contributions, are unallowable. Source: 2 CFR Part 200 Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards. See Electronic Code of Federal Regulations: Fundraising
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9. GENERAL GOVERNMENT EXPENSES The general costs of government, including
services normally provided to the general public, such as fire and police, are
unallowable. Source: 2 CFR Part 200 Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards. See Electronic Code of
Federal Regulations: General Government Expenses
10. INCOME FROM PROJECT Project income, e.g., fees charged for the use of library
space in the context of a grant project, or to recover out of pocket project -
related costs, or to create products such as manuals, or for other expenditures
directly related to and used for the purposes of the grant and accrued under
the conditions of the grant award, are allowable. Source: 2 CFR Part 200 Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards. See Electronic Code of Federal Regulations: Program Income
11. LOBBYING The cost of certain influencing activities associated with obtaining
grants, contracts, cooperative agreements or loans, is unallowable. Costs of
membership in organizations substantially engaged in lobbying are unallowable.
Source: 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards. See Electronic Code of Federal
Regulations: Lobbying
12. MEMBERSHIPS, SUBSCRIPTIONS, AND PROFESSIONAL ACTIVITIES Costs of the grant
recipient's memberships in business, technical, and professional organizations
are allowable. (NOTE: The State Library's policy is that use of LSTA funds for
personal memberships in organizations is not permitted.) Subscriptions to
business, professional, and technical periodicals are allowable. Source: 2 CFR
Part 200 Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards. See Electronic Code of Federal Regulations:
Memberships, Subscriptions, and Professional Activities
13. PREMIUMS, PRIZES, INCENTIVES, AND SOUVENIRS Costs of promotional items and
memorabilia, including models, gifts, and souvenirs, are unallowable. See
ADVERTISING AND PUBLIC RELATIONS (e)(3).
14. REFRESHMENTS See ENTERTAINMENT (unallowable), and MEMBERSHIPS,
SUBSCRIPTIONS, AND PROFESSIONAL ACTIVITIES (allowable).
15. TRAINING The cost of training provided for employee development is allowable.
Source: 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards. See Electronic Code of Federal
Regulations: Training
16. TRAVEL EXPENSE Travel costs are allowable for expenses for transportation,
lodging, subsistence, and related items incurred by employees traveling on
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official business. Charges should be consistent with those normally allowed in like
circumstances of the grant recipient organization in its regular operations and
policy* in non -federally sponsored activities. An exception n to this is that car
mileage reimbursement for all awarded LSTA grants cannot exceed the current
state rate of 58 cents per mile (CPM). Reimbursement is the preferred method of
payment for travel expenses. Source: 2 CFR Part 200 Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards. See
Electronic Code of Federal Regulations: Travel
(NOTE: The State Library's policy on out-of-state travel and conferences is that
they are generally not allowed. There are exceptions, however, based on the
importance of the travel and/or conference to the grant. If your grant will
include out-of-state travel or attendance at an out-of-state conference, consult
with your grant monitor beforehand to obtain State Library arol before
scheduling the trip or registering for the conference.)
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EXHIBIT C: LSTA AWARD REQUIREMENTS
CIPA Compliance
The Institute of Museum and Library Services establishes guidelines to ensure that the
California State Library's implementation of the Children's Internet Protection Act (CIPA)
complies with the 2003 decision of the US Supreme Court. The California State Library is
required by 20 U.S.C. Section 9134(b)(i) to provide assurance that we will comply with
20 U.S.C. Section 9134(f), which sets out standards relating to Internet Safety for public
libraries and public elementary school and secondary school libraries.
Under CIPA, California State Library must assure the Federal Government that no funds
will be made available for public libraries and public elementary and secondary school
libraries to purchase computers to access the Internet or pay for the direct costs of
accessing the Internet unless the libraries have certified that they have Internet safety
policies and technology protection measures, e.g., software filtering technology, in
place. California State Library must collect certifications from libraries subject to CIPA
that apply to the States for Library Services and Technology Act (LSTA) funding. Public
libraries and public elementary and secondary school libraries must be in compliance
with CIPA to obtain IMLS State Program funding which will be used to purchase
computers used to access the Internet or to pay for direct costs associated with
accessing the Internet.
The director or the authorized representative of the Subrecipient organization receiving
LSTA funding must certify that the library is one of the following:
An individual applicant that is CIPA compliant.
The applicant library, as a public library, a public elementary school library or a public
secondary school library, has complied with the requirements of Section 1 4(f) (1) of
the Library Services and Technology Act.
Representing a group of applicants. Those applicants that are subject to CIPA
requirements have certified they are CIPA compliant.
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All public libraries, public elementary school libraries, and public secondary school
libraries, participating in the application have complied with the requirements of
Section 91 4(f) (1) of the Library Services and Technology Act. The library submitting this
application has collected Internet Safety Certifications from all other applicants who
are subject to CIPA requirements. The library will keep these certifications on file with
other application materials, and if awarded funds, with other project records.
Not Subject to C1PA Requirements.
CIPA requirements do not apply because no LSTA funds made available under this
grant program will be used to purchase computers that can access the Internet or to
pay for direct costs associated with accessing the Internet.
For more information on CIPA, please visit the Children's Internet Protection Act (CIPA)
web age on the Federal Communications Commission's (FCC) website.
Contracting Guidance
OMB's Code of Federal Regulations outlines important regulations surrounding
contracts that, as a recipient of LSTA funds, the State Library and its subrecipients must
follow.
Accessibiiity
The State of California's website is designed, developed and maintained to be in
compliance with California: Government Code Sections 7405 and 11135, and the Web
Content Accessibility Guidelines 2.0, or a subsequent version, as published by the Web
Accessibility Initiative of the World Wide Web Consortium at a minimum Level AA
success criteria.
This State of California's website accepts no responsibility for the content or accessibility
of the external websites or external documents linked to on this website.
The California State Library reserves the right to post project materials to the California
State Library website. Project materials generated by► LSTA funded projects must meet
the California Accessibility Standards.
If for some reason a project material cannot be made accessible, please still submit it
to the State Library but make sure to note that the material is not accessible by
including "NOT ACCESSIBLE" in the file name.
Common, applicable award materials include, but are not limited to:
• Project toolkits
• Digital resources
• Publications
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• Survey templates
• Project marketing materials
Additional accessibility resources:
• State of California's Acessibility_webpaQe
• Americans with Disabilities Act Notice
• California Commission on Disability Access
• California Department of rehabilitation
• U.S. Access Board
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Language Access Services
To remain compliant with Title VI of the Civil Rights Act of 1964, all LSTA funding
recipients must take reasonable steps to make LSTA-funded awards accessible to
people with limited English proficiency.
These procedures apply to all of California State Library's federally funded programs
and activities and extends to all programs and activities conducted by the State
Library's federally funded sub -recipients.
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STATE
1 BRARY
PnE%EFWING OUR HERITAGE. SHAPING OUR FUTURE
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EXHIBIT D: CERTIFICATION OF COMPLIANCE FORM
1. AUTHORIZED REPESENTATIVE: 1 certify that the authorized representative named
below is the legally designated representative of the Subrecipient for this Award
Agreement and project, and is authorized to receive and expend funds in order
to administer this award program.
2. I certify that all information provided to the California State Library for review in
association with this award is correct and complete to the best of my
knowledge, and as the authorized representative of the Subrecipient, I commit
to the conditions of this award, and I have the legal authority to do so.
I certify that any or all other subrecipients participating in the program have
agreed to the terms of the application/grant award, and have entered into an
agreement(s) concerning the final disposition of equipment, facilities, and
materials purchased for this program from the funds awarded for the activities
and services described in the attached, as approved and/or as amended in the
application.
4. The authorized representative, on behalf of the Subrecipient, certifies that the
Subrecipient will comply with all applicable requirements of all State and Federal
laws, regulations, and policies governing this program, to include the
requirements listed oelow in this certification of Compliance Form.
a. The organization receiving this LSTA award, as listed in the certification section
below, and all program staff, agree to comply with the Uniform Guidance for
Grants outlined in the Code of Federal Regulations established by the United
State Office of Management and Budget
b. The organization receiving this LSTA award, as listed in the certification section
below, and all program staff, agree to comply with the rules, regulations and
guidance provided by the following:
IMLS LSTA Administration Guidance
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California Code of Regulations established by the California Office of
Administrative Law
5. The organization receiving this LSTA award, as listed in the certification section
below, and all project staff agree, to comply with all state and federal laws,
regulations, and policies governing this program, to include the requirements
contained in LSTA Award Requirements section of this document.
6. The authorized representative, on behalf of the Subrecipient, hereby certifies to
the California State Library, for an award of funds in the amount $16,421. This
award will provide library services as set forth in the LSTA Service Project
Application as approved and/or as amended by the California State Librarian.
7. FUNDING CONTINGENCY:
a. It is mutually understood between the parties that this grant award may
have been written before ascertaining the availability of congressional
appropriation of funds, for the mutual benefit of both parties in order to
avoid program and fiscal delays which would occur if the grant award
were executed after that determination was made.
b. This grant award is valid and enforceable only if sufficient funds are made
available to the State by the united States government for the Fiscal Year
2021-2022 for the purposes of this program. In addition, this grant award is
subject to any additional restrictions, limitations, or conditions enacted by
the Congress or any statute enacted by the Congress which may affect
the provisions, terms or funding of this grant award in any manner.
c. It is mutually agreed that if the Congress does not appropriate sufficient
funds for the program, this grant award shall be amended to reflect any
reduction in funds.
d. The California State Library has the option to amend the grantaward to
reflect any reduction of funds.
e. Upon the grant award approval by the State Librarian, one (1) completed
set of this Award Agreement will be sent to the Subrecipient. Such copy
shall be the officially approved agreement for the conduct of the
approved project.
8. STATEMENT OF COMPLIANCE: Subrecipient has, unless exempted, complied with
the non-discrimination program requirements. (Gov. Code §12990 (a-f) and CCR,
Title 2, Section 1 1 102) .
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9. PRUGFREE WORKPLACE E UI E TENTS: Subrecipient will comply with the
requirements of the Drug -Free workplace Act of 1990 and will .provide a drug -
free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture,
distribution, dispensation, possession or use of a controlled substance is
prohibited and specifying actions to be taken against employees for
violations.
b. Establish a Drug -Free Awareness Program to inform employees about:
i. the dangers of drug abuse in the workplace;
- the person's or orc anization's policy of maintaining a drug -free
workplace;
ills any available counseling, rehabilitation and employee assistance
programs; and,
iv. penalties that may be imposed upon employees for drug abuse
violations.
c. Every employee who works on the proposed Agreement will:
i. receive a copy of the company's drug -free workplace policy
•statement; and,
ii. agree to abide by the terms of the company's statement as a
condition of employment on the Agreement.
Failure to comply with these requirements may result in suspension of payments
under the Agreement or termination of the Agreement or both and Contractor
may be ineligible for award of any future State agreements if the department
determines that any of the following has occurred: the Contractor has made
false certification, or violated the certification by failing to carry out the
requrrements as noted above. (Gov. Code § 8350 et. seq.)
10. CONFLICTOF INTEREST: Subrecipient needs to be aware of the following
provisions regarding current or former state employees. IfSubrecipient has any
questions on the status of any person rendering services or involved with the
Agreement, the California State Library must be contacted immediately for
clarification
Current State Employees (Pub. Contract Code § 1 p41 p):
a). No officer or employee shall engage in any employment, activity or
enterprise from which the officer or employee receives compensation or has a
financial interest and which is sponsored or funded by any state agency, unless
the employment, activity or enterprise is required as a condition of regular state
employment.
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b) . No officer or employee shall contract on their own behalf as .an independent
contractor with any state agency to provide goods or services.
Former State Employees (Pub, Contract Code § 10411):
a) . For the two-year period from the date he or she left state employment, no
former state officer or employee may enter into a contract in which he or she
engaged in any of the negotiations, transactions; planning, arrangements or any
part of the decision -making process relevant to the contract while er iployed in
any capacity by any state agency.
b). For the twelve-month period from the date he or she left state employment,
no former state officer or employee may enter into a contract with any state
agency if he or she was employed by that state agency in a policy-malinc
position in the same general subject area as the proposed contract within the
1 -month period prior to their leaving state service.
If Contractor violates any provisions of above paragraphs, such action by
Contractor shall render this Agreement void, (Pub. Contract Code § 10420).
Members of boards and commissions are exempt from this section if they do not
receive payment other than payment of each meeting of .the board or
commission, payment for preparatory time and payment for per diem. (Pub.
Contract Code § 10430 (e)l•
1 1. LABOR CODE/WORKERS' COMPENSATION: Contractor needs to be aware of the
provisions which require every employer to be insured against liability for Worker's
Compensation or to undertake self-insurance in accordance with the provisions,
and Contractor affirms to comply with such provisions before commencing the
performance of the work of this Agreement. (Labor Code § 3700).
12. AMERICANS NS WITH DISABILITIES ACT: Subrecipient assures the State that it
complies with the Americans with Disabilities Act (ADA) of 1 90, which prohibits
discrimination on the basis of disability, as well as all applicable regulations and
Guidelines issued pursuant to the ADA. (42 U.S.C. 1 101 et. seq.)
13. RESOLUTION: A county, city, district, or other local public body must provide the
State with a copy of a resolution, order, motion, or ordinance of the local
governing body which by law has authority to enter into an agreement,
authorizing execution of the agreement.
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14. PAYEE DATA RECORD FORM STD, 204: This form must be completed by all
Subreci ients.
15. NONDISCRIMINATION:
The authorized representative certifies that the Subrecipient or its Fiscal
Agent will comply with the following:
a. Title VI of the civil lights Act of 19 4, as amended (42 U.S.C. § 2000
et seq.), which prohibits discrimination on the basis of race, color, or
national origin;
b. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C.
701 et seq. ), which prohibits discrimination on the basis of disability
(note: IMLS applies the regulations in 45 C,F,R part 1170 in
determining compliance with § 504 as it applies to recipients of
Federal assistance);
c. Title IX of the Education Amendments of 1972, as amended (20
U.S.C. § 1681-83, 1 85W ), which prohibits discrimination on the basis
of sex in education programs;
d. The Age Discrimination in Employment Act of 1975, cis amended (42
U.S.C. § 6101 et seq.),
which prohibits discrimination on the basis of age; and
. The requirements of any other nondiscrimination statute (s) which
may apply.
16. DEBARMENT AND SUSPENSION:
The authorized representative certifies to the best of their knowledge and belief
that neither the Subrecipienf nor its Fiscal Agent:
a. Are presentlyexcluded or disqualified;
b. Have been convicted within the .preceding three years of any of the
offenses listed in 2 C.F.R. part 180.80O(a) or had a civil judgment
rendered against it or them for one of those offenses within that time
period; fraud, antitrust, embezzlement,- zlement,- forgery, bribery, fax evasion,
making false statements, receiving stolen property, or similar offenses
so serious as to affect the integrity of the subreciient or its fiscal
agent,
c. Are presently indicted for or otherwise criminally or civilly charged by
a governmental entity (Federal, State, or local) with commission of
any of the offenses listed in 2 C.F.R. part 180.8 (a) and enumerated
above.
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d. Have had one or more public transactions (Federal, State, or local)
terminated within the preceding three years for cause or default.
1 : TRAFFICKING IN PERSONS:
The authorized representative certiifies to the best of their knowledge and belief
that neither the Subrecipient nor its Fiscal Agent:
• engages in trafficking in persons, procures a commercial sex act, or
uses forced labor
• procures a comrercial sex act during the period of time that the
award is in effect
• uses forced labor in the performance of the grant
18. FEDERAL DEBT STATUS: Representative certifies to the best of their knowledge and
belief that the Subrecipient is not delinquent in the repayment of any Federal
debt.
19. CERTIFICATION REGARDING LOBBYING ACTIVITIES (APPLIES TO APPLICANTS
REQUESTING FUNDS IN EXCESS OF $100,000) (31 U.S.C. § 1352):
a. No Library Services and Technology Act funds have been paid or will be
paid, by or on behalf of the undersigned, to any person for influencing or
attempting to influence an officer or employee of any Federal agency, a
Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of a
Federal contract, the making of a Federal grant, the making of a Federal
loan; the entering into of a cooperative agreement, or the extension,
continuation, renewal, amendment, or modification of a Federal
contract, grant, loan, or cooperative agreement.
b. No Library Services and Technology Act funds have been paid or will be
paid, by or on behalf of the undersigned, to any person for influencing or
attempting to influence an officer or employee of any State agency,
Member of the Legislature, an officer or employee of the Legislature, or
an employee of a Member of the Legislature in connection with legislative
action through oral or written communication with State legislative
officials, or solicitation of others to influence or attempt to influence
legislative action,
c. No Library Services and Technology Act or other federal funds have been
paid or will be paid, by or on behalf of the undersigned, to any person for
influencing or attempting to influence any officer or employee of any
county, district, or city agency, in connection with legislative action
through oral or written communication with officials, or solicitation of
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others to influence or attempt to influence legislative action. LSTA funds
will not be used for costs to:
• draft legislation or resolutions
• travel to meetings of governmental bodies urge passage of legislation
or resolutions
• survey voters regarding passage and drafting of legislation or
resolutions
• pay governmental fees (use fees, ballot filing fees, permits, etc.)
20. DRUG -FREE WORKPLACE:
a. Continue to provide a drug -free workplace by complying with the
requirements in 2 C.F.R. part 31 (Requirements for Drug -Free Workplace
(FinancialAssistance)). In particular, the recipient must comply with drug -
free workplace requirements in subpart B of 2 C.F.R. part 3186, which
adopts the Government -wide implementation (2 C.F.R. part 182) of
sections 5152-5158 1 of the Drug -Free workplace Act of 1988 (P. L. 1 0- 9 ,
Title V, Subtitle D; 41 U.S.C. §§ 701-707).
b. This includes, but is not limited to: making a good faith effort, on a
continuing basis, to maintain a drug -free workplace; publishing a drug -
free workplace statement; establishing a drug -free awareness program
for the employees; taking actions concerning employees who are
convicted of violating drug statutes in the workplace.
21. LSTA AWARD REQUIREMENTS: I have read, understand and agree to comply with
the LSTA Award Requirements as outlined in this award packet.
22. CIPA The organization receiving this LSTA award, as listed in the
certification section below is (please select one)
!XI An individual applicant that is CIPA compliant
❑ Representing a group of applicants. Those applicants that are subject
to CIPA requirements have certified that they are CIPA compliant
f� Not subject to CIPA requirements
23. ACCESSIBILITY: The organization receiving this LSTA award, as listed in the
certification section below, and ail program staff, will ensure all LT, -funded
project materials will meet California accessibility standards.
24. LANGUAGE ACCESS SERVICES: The organization receiving this LSTA award, as
listed in the certification section below, and all program staff, agree to comply
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with the language access services requirement as prescribed by Title VI of the
Civil Rights Act of 1964.
25. A f N 'V' LED E E T: The organization receiving this LSTA award, as listed in the
certification section below, and all program staff, agree to comply -with IMLS and
California State Library acknowledgement requirements. -
26. ADDITIONA.L CERTIFICATIONS: The authorized representative also certifies
that the. Subrecipient or its Fiscal Agent will comply with the following:
• all requirements by the Federal -sponsoring agency concerning special
requirements of law, program requirements, and other administrative
requirements. -
• insuring the facilities under -its ownership, lease or supervision which shall
be utilized in the accomplishment ent of the project are not listed on the
Environmental Protection Agency's (EPA) list of violating facilities and that
it will notify the Federal grantor 'agency of the receipt of any
communication from the Director of the EPA Office of Federal Activities
indicating that a facility to be used in the project is Under consideration
for listing by the EPA.
• the flood insurance purchase requirements of Section 1 (a) requires, on
or after -March 2, 1975, the purchase of flood insurance in communities
where such insurance is available as a condition for the receipt of any
Federal financial assistance for construction or acquisition purposes for
use in any area that has been identified by the Secretary of the
Department of Housing and Urban Development as an area having
special flood hazards. The phrase "Federal financial assistance„ includes
any form of loan, grant, guardnt, insurance payment, rebate, subsidy,
disaster assistance loan or grant, or any other form of direct or indirect
Federal assistance.
• assisting the Federal grantor agency in its compliance with Section 106 of
the National Historic Preservation Act of 1966 as amended (16 U.S.C. 470),
Executive Order 11593, and the Archeological and Historic Preservation
Act of 1966 (16 U.S.C. 469a-1 et seq,) by (a) consulting with the State
Historic Preservation Officer on the conduct of investigations, as
necessary to identify properties listed in or eligible for inclusion in the
National Register Historic Places that are subject to adverse effects (see
36 CFR Part 800.8) by the activity, and notifying the Federal grantor
agency of the existence of any such properties, and by (b) complying
with ail requirements established by the Federal grantor agency to avoid
or mitigate adverse effects upon such properties.
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Certification
ORGANIZATION
Name:
National
City1401'
Public Library
Address (official
National
National City;
91950
and complete):
City Blvd.
CA
PROJECT
COORDINATOR
Name: Anne Defazio
Email:
adefazio@nationalcityca.gov
Phone:
(619)
4 0- 884
SUBRECIPIENT
AUTHORIZED REPRESENTATIVE
Name: Jo oe R an
y y
Title: Library community Services Director
Email:
jryan@nationa]citycagov
Phone:
(619)
4 - 882
Signature:
0
.,.,_.,
Date:
8/19/21
TA-M JARA
IAN OR DESIGNEE
Name:
Signature:
Date:
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LIrvrc IA STATE LIBRARY
Library Services and Technology Act
FINANCIAL CLAIM
1ST PAYMENT
F ' : 21/22
FAIN: LS-24 951-OLS-21
ITEM NO: 6120-211-0890, Chapter 21, Statutes of 2021
PURCHASING AUTHORITY NUMBER: 6120
REPORTING STRUCTURE: 61202000
COA: 5432000
PROGRAM #: 5312
SCHEDULE NO:
SCHEDULE DATE:
Claim of: National City Public Library
Address: 1401 National City Blvd., National City, CA 910
INVOICE #: 40-9219-001
PO :
8/19/21
DATE:
For: National City Public Library
(Name of System or Agency)
Project Title: Library Access on the Go
Amount Claimed: $16,421
Grant Award Number: 40-9219
For Period From: upon execution to end of grant period
Type of Payment PROGRESS FINAL
Payable Upon Execution of Agreement
IN FULL
CERTIFICATION
I hereby certify under penalty of perjury: that .I am the duly authorized
representative of the claimant herein; that this claim is in all respects true,
correct and in accordance with Jaw and the terms of the agreement; and that
payment has not previously been received for the amount claimed herein.
by
nature o the authorized representative)
Library & Community Services Director
(Title)
State of California, State Library Fiscal Office
by date
(State Library representative)
MAIL ONE ORIGINAL SIGNATURE TO:
California State Library
Fiscal Office — LSTA
P.O. Box 942837
Sacramento, CA 4-001
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The following page(s) contain the backup material for Agenda Item: Resolution of the City
Council of the City of National City approving the one (1) year ratified Agreement and
Authorizing the Mayor to execute the ratified Agreement with the National School District
for partial funding of the School Resource Officer Program for FY 2022. The City of
National City will be reimbursed $77,068 for FY 2022. (Police)
Please scroll down to view the backup material.
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CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: September 21, 2021
AGENDA ITEM NO.
ITEM TITLE
[Resolution of the City Council of the City of National City approving the one 'I) 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 0 . The City of National City will be reimbursed 77 068 for FY 0 .1
PREPARED BY: [Alejandro Hernandez, Captain)
PHONE: (Ext.451 ,
EXPLANATION:
[The National City Police Department currently assigns two police officers as School Resource Officers (SROs). SROs
provide specialized campus security and general law enforcement services to the Sweetwater Union High School District and
the National School District, The salaries and benefits for these SROs are funded by a joint agreement between the City of
National City and the Sweetwater Union High School District.
The proposed Agreement with the National School District would be retroactive to July 1, 2021 and extend through June 30,
2022. Approval and ratification agreement would allow the City of National City to continue sharing the costs of the School
Resource Officer Program with the National School District upon approval and ratification of this item, the City of National
City would be paid $77,068 for F ` 0 .,
FINANCIAL TATE IENT:
ACCOUNT NO.
Revenue: 001-11108-3467
Expenditure: 001-41 1-108-*
FY 0 1 $77,068
DEPARTMENT: Police
APPROVED BY:
APPROVED:
APPROVED:
Finance
MIS
ENVIRONMENTAL TAL 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:
MMENDATION:
Approve the Resolution.
BOARD 1 COMMISSION RECOMMENDATION:
ATTACHMENTS:
greement between the City of National City and the National School District Exhibit "A" Scope of Services
Powerpoint presentation
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CT3864
AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY AND
NATIONAL SCHOOL DISTRICT
THIS AGREEMENT ("Agreement") is entered into on this 1st day of July, 2021
("Execution Date"), by and between the CITY OF NATIONAL CITY, a municipal corporation
(the "CITY"), on behalf of and in concert with THE NATIONAL CITY POLICE DEPARTMENT
("NCPD"), and the NATIONAL SCHOOL DISTRICT, a school district duly organized and
validly existing under the laws of the State of California (hereinafter the "DISTRICT"). The CITY
and the DISTRICT may be individually referred to herein as a "Party" or may be collectively
referred to herein as the "Parties."
RECITALS
WHEREAS, the Parties desire to provide a safe, secure, and orderly teaching and learning
environment for all students and staff within the DISTRICT and the CITY through the protection
of life and property.
WHEREAS, the Parties have decided to undertake responsibilities and expectations to
achieve mutual goals and objectives to protect the teaching and learning environment.
NOW, THEREFORE, in consideration of the agreements and covenants contained in this
Agreement, and other valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the Parties hereto do mutually agree as follows:
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS
FOLLOWS:
1. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement shall
become effective on the date of approval of this Agreement by the DISTRICT's Governing Board
("Board") ("Effective Date"). The duration of this Agreement is for the period from the Effective
Date through June 30, 2022 ("Term"), unless terminated earlier as provided herein. Completion
dates or time durations for specific portions of the project are set forth in the SCOPE OF
SERVICES AND PAYMENT, attached hereto as Exhibit "A" and incorporated herein by
reference.
1.1 This Agreement may be extended, upon the same terms and conditions, for
one (1) additional one (1) year term, only by a document in writing executed by both Parties. If
such extension is entered, such extension term would be for the period of July 1, 2021 through
June 30, 2022 ("Extension Term").
2. SCOPE OF SERVICES. The Parties agree to perform the services set forth in
Exhibit "A", in accordance with all terms and conditions contained herein.
3. PURPOSE AND OBJECTIVES OF THE SRO PROGRAM. The mission of
the School Resource Officer ("SRO") program is to create and maintain a safe, secure, and orderly
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teaching and learning environment for all District students and staff. In achieving this mission,
the SRO program will focus on the reduction and prevention of school -related violence and crime
committed by juveniles and young adults. This is accomplished by assigning an SRO employed
by the NCPD to monitor and police the facilities of the District during the Term of this Agreement,
as described herein and within Exhibit "A".
4. PROJECT COORDINATION AND SUPERVISION. The Community
Services Sergeant hereby is designated as the Project Coordinator for the CITY and will monitor
the progress and execution of this Agreement. The DISTRICT shall assign a single Project Director
to provide supervision and have overall responsibility for the progress and execution of this
Agreement for the DISTRICT. Director of Student Support Services thereby is designated as the
Project Director for the DISTRICT.
5. COMPENSATION AND PAYMENT.
5.1 The total compensation from the DISTRICT to the CITY shall be a flat fee
of Seventy -Seven Thousand Sixty -Eight Dollars for the period of July 1, 2021 through June30,
2022.
6. ACCEPTABILITY OF WORK. Either Party may request an informal meeting
to discuss any concern regarding compliance with a Party's respective role(s) listed in Exhibit "A".
To the extent reasonably possible, Parties agree in good faith to conduct such meeting no later than
ten (10) business days after said request.
7. INDEPENDENT CONTRACTOR. Both Parties hereto in the performance of
this Agreement will be acting in an independent capacity and not as agents, employees, partners,
or joint venturers with one another. Neither the DISTRICT nor the DISTRICT's employees are
employees of the CITY, and are not entitled to any of the rights, benefits, or privileges of the
CITY's employees, including but not limited to retirement, medical, unemployment, or workers'
compensation insurance.
Neither this Agreement nor any interest herein may be assigned by the DISTRICT
without the prior written consent of the CITY.
8. CONTROL.
8.1 Neither the DISTRICT nor its Board, officers, agents, employees, consultants,
or representatives shall have any control over the conduct of the CITY or any of the CITY's
officers, agents, or employees, except as herein set forth or as otherwise required by law, and the
CITY or the CITY's officers, agents, or employees are not in any manner officers, agents, or
employees of the DISTRICT, it being understood that the CITY, its officers, agents, and
employees are as to the DISTRICT wholly independent, and that the CITY's obligations to the
DISTRICT are solely such as are prescribed by this Agreement.
8.2 Neither the CITY nor its officers, agents, or employees shall have any
control over the conduct of the DISTRICT or any of the DISTRICT's Board, officers, agents,
employees, consultants, or representatives, except as herein set forth or as otherwise required by
law, and the DISTRICT or the DISTRICT's Board, officers, agents, employees, consultants, or
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representatives are not in any manner officers, agents, or employees of the CITY, it being
understood that the DISTRICT, its Board, officers, agents, employees, consultants, and
representatives are as to the CITY wholly independent, and that the DISTRICT's obligations to
the CITY are solely such as are prescribed by this Agreement.
9. COMPLIANCE WITH APPLICABLE LAW.
9.1 The DISTRICT, and its respective employees, contractors, consultants, and
subcontractors bound by or acting pursuant to this Agreement, in the performance of the services
to be provided herein, shall comply with all applicable local, state and federal statutes and
regulations, and all applicable ordinances, rules, and regulations of the CITY, whether now in
force or subsequently enacted.
9.2 The CITY, and its respective employees, contractors, consultants, and
subcontractors bound by or acting pursuant to this Agreement, in the performance of the services
to be provided herein, shall comply with all applicable local, state, and federal statutes and
regulations, and all applicable ordinances, rules, and regulations of the DISTRICT, whether now
in force or subsequently enacted.
10. LICENSES, PERMITS, ETC. Each Party represents and covenants that it and its
respective employees, contractors, consultants, and subcontractors bound by or acting pursuant to
this Agreement have all licenses, permits, qualifications, and approvals of whatever nature that are
legally required to practice its respective profession. Each Party represents and covenants that it
shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement,
any license, permit, or approval which is legally required for it to practice its profession.
11. STANDARD OF CARE.
11.1 The DISTRICT, and its respective employees, contractors, consultants, and
subcontractors, in performing any services under this Agreement, shall perform in a manner
consistent with that level of care and skill ordinarily exercised by members of the DISTRICT's
trade or profession currently practicing under similar conditions and in similar locations.
11.2 The CITY, and its respective employees, contractors, consultants, and
subcontractors, in performing any services under this Agreement, shall perform in a manner
consistent with that level of care and skill ordinarily exercised by members of the CITY' s trade or
profession currently practicing under similar conditions and in similar locations.
12. NON-DISCRIMINATION PROVISIONS.
12.1 The DISTRICT shall not discriminate against any employee or applicant for
employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status,
national origin, physical handicap, or medical condition. The DISTRICT will take positive action
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to ensure that applicants are employed without regard to their age, race, color, ancestry, religion,
sex, sexual orientation, marital status, national origin, physical handicap, or medical condition.
Such action shall include but not be limited to the following: employment, upgrading, demotion,
transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms
of compensation, and selection for training, including apprenticeship. The DISTRICT agrees to
post in conspicuous places available to employees and applicants for employment any legally
required notices to such effect.
12.2 The CITY shall not discriminate against any employee or applicant for
employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status,
national origin, physical handicap, or medical condition. The CITY will take positive action to
ensure that applicants are employed without regard to their age, race, color, ancestry, religion, sex,
sexual orientation, marital status, national origin, physical handicap, or medical condition. Such
action shall include but not be limited to the following: employment, upgrading, demotion,
transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms
of compensation, and selection for training, including apprenticeship. The CITY agrees to post in
conspicuous places available to employees and applicants for employment any legally required
notices to such effect.
13. CONFIDENTIAL INFORMATION.
13.1 The Parties may from time to time communicate between or amongst each
other, or be in possession of, certain confidential information. Such confidential information shall
not be disclosed unless authorized by federal, state or local law, including applicable student
privacy laws. Upon receipt of any request for confidential information by a third party, the Parties
agree to advise each other of such request and their subsequent response to such request. The
Parties are each subject to the Public Records Act and this provision is not intended to impede or
impair the requirements or obligations under that Act.
13.2 DISTRICT believes, and by ratifying this Agreement determines, that
providing safe school sites for children to learn is a legitimate educational interest. Thus, if and
only if it is required to provide for the safety and security of school sites, the SRO may have direct
access to student records, as authorized by 34 Code of Federal Regulations part 99.31(a)(1)(i)(A)-
(B). In accordance with the statute, SRO shall be under the direct control of the DISTRICT with
respect to the use and maintenance of education records and shall be subject to the re -disclosure
requirements of 34 Code of Federal Regulations part 99.33. The assigned SRO shall sign an
acknowledgment of these conditions, substantially in the form of the Use of Educational Records
Form, attached hereto as Exhibit "B" and incorporated herein by reference, prior to the start of his
or her assignment. Without limiting its applicability in any way, the Parties specifically
acknowledge that the indemnity, defense, and hold harmless provisions of Section 16 to this
Agreement shall apply to student record access under this Section.
14. NO INDEPENDENT BASIS FOR LIABILITY.
14.1 Nothing herein shall create, by this or other understanding between the
Parties, an independent basis for liability of the CITY to either the DISTRICT or to a third party
for failing to respond or for responding to a call for police services in a dilatory or negligent
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manner. The CITY's liability, if any it may have, shall be that as determined by law without regard
to the existence of this Agreement.
14.2 Nothing herein shall create, by this or other understanding between the
Parties, an independent basis for liability of the DISTRICT to either the CITY or to a third party
for failing to respond or for responding to a call for police services in a dilatory or negligent
manner. The DISTRICT's liability, if any it may have, shall be that as determined by law without
regard to the existence of this Agreement.
15. INDEMNIFICATION AND HOLD HARMLESS.
15.1 Notwithstanding any other provision of this Agreement, DISTRICT agrees
to indemnify, defend, and hold CITY, its officers, officials, agents, employees, and volunteers free
and harmless against and from any and all claims, demands, suits, actions, causes of action,
proceedings, liability, loss, costs, expenses, damages or injuries, in law or equity, regardless of
whether the allegations are false, fraudulent, or groundless, to property or persons, including
wrongful death, to the extent arising out of or incident to any act, omission, breach or willful
conduct of DISTRICT, its Board, officers, agents, employees, consultants, and representatives
arising out of or in connection with the performance of this Agreement, including, without
limitation, the payment of all consequential damages and attorneys' fees and other related costs
and expenses, excepting only liability arising out of the sole negligence or willful misconduct of
the CITY. If obligated to indemnify, defend, or hold harmless CITY under this Agreement,
DISTRICT shall reimburse CITY for all costs, attorneys' fees, expenses and liabilities associated
with any resulting legal action. DISTRICT shall seek CITY's approval of any settlement that
could adversely affect CITY, its officers, officials, agents or employees.
15.2 Notwithstanding any other provision of this Agreement, CITY agrees to
indemnify, defend, and hold DISTRICT, its Board, officers, agents, employees, consultants, and
representatives free and harmless against and from any and all claims, demands, suits, actions,
causes of action, proceedings, liability, loss, costs, expenses, damages or injuries, in law or equity,
regardless of whether the allegations are false, fraudulent, or groundless, to property or persons,
including wrongful death, to the extent arising out of or incident to any act, omission, breach or
willful conduct of CITY, its officers, officials, agents, employees, and volunteers arising out of or
in connection with the performance of this Agreement, including, without limitation, the payment
of all consequential damages and attorneys' fees and other related costs and expenses, excepting
only liability arising out of the sole negligence or willful misconduct of DISTRICT. If obligated
to indemnify, defend, or hold harmless DISTRICT under this Agreement, CITY shall reimburse
DISTRICT for all costs, attorneys' fees, expenses and liabilities associated with any resulting legal
action. CITY shall seek DISTRICT's approval of any settlement that could adversely affect
DISTRICT, its Board, officers, agents, employees, consultants, and representatives.
15.3 The indemnity, defense, and hold harmless obligations contained herein
shall survive the termination of this Agreement for any alleged or actual omission, act, or
negligence under this Agreement that occurred during the term of this Agreement.
16. INSURANCE.
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Each Party, at its sole cost and expense and for the full Term of this Agreement shall obtain
and maintain at least all of the following minimum insurance requirements. All or a portion of the
required insurance may be satisfied through the use of a self-insurance program or pooled
insurance, if any. The Parties must provide an affidavit of self-insurance, or pooled insurance if
any.
16.1 Comprehensive General Liability. A policy with a minimum limit of not
less than Five Million Dollars ($5,000,000) combined single limit per occurrence for bodily injury
and property damage, providing at least all of the following minimum coverages:
Premises Operations
Blanket Contractual
Personal Injury
16.2 Workers' Compensation and Employers' Liability. A policy written in
accordance with the laws of the State of California and providing coverage for any and all
employees of the Party.
This policy shall provide coverage for Workers' Compensation (Coverage
A) with statutory limits.
This policy shall also provide coverage of One Million Dollars ($1,000,000)
Employers' Liability (Coverage B).
16.3 Comprehensive Business Auto. A policy with a minimum of not less than
Two Million Dollars ($2,000,000) combined single limit per occurrence for bodily injury and
property damage. Coverage shall be applicable (without deductibles) to any and all leased, owned,
hired, or non -owned vehicles used in pursuit of any of the activities associated with this
Agreement.
16.4 Special Provisions. The foregoing requirements as to the types and limits
of insurance coverage are to be maintained by the Parties, and any approval of said insurance by
the other Party, or its insurance consultants, are not intended to and shall not in any manner limit
or qualify the liabilities and obligations otherwise assumed by each Party pursuant to this
Agreement, including, but not limited to, the provisions concerning indemnification.
Both Parties, prior to the commencement of this Agreement, shall provide the other Party
with an insurance endorsement naming the other Party, its elected officials, employees, and agents
additional insureds on the General Liability Policy. Those Parties that provide coverage through
a Joint Powers Polling Authority shall provide evidence naming the other Party as an additional
covered Party in lieu of providing an additional insured endorsement.
17. LEGAL FEES. If any Party brings a suit or action against the other Party arising
from any breach of any of the covenants or agreements or any inaccuracies in any of the
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representations and warranties on the part of the other Party arising out of this Agreement, then in
that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court
settlement, shall be entitled to have and recover of and from the other Party all costs and expenses
of suit, including attorneys' fees.
17.1 For purposes of determining who is to be considered the prevailing party, it
is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall
not be considered in determining the amount of the judgment or award. Attorney's fees to the
prevailing party shall, in addition, be limited to the amount of attorney's fees incurred by the other
Party in its prosecution or defense of the action, irrespective of the actual amount of attorney's
fees incurred by the prevailing party.
18. TERMINATION. This Agreement may be terminated by either Party, with or
without cause, upon thirty (30) business days' written notice to the other Party.
19. NOTICES. All notices, consent, or other communications required or permitted
hereunder shall be in writing, and may be personally delivered; sent by overnight mail (Federal
Express or the like); sent by registered or certified mail, postage prepaid, return receipt requested;
sent by ordinary mail, postage prepaid; telegraphed or cabled; or delivered or sent by telex,
telecopy, facsimile or fax. Such notices, consent, or other communications shall be deemed
received upon the earlier of (i) if personally delivered, the date of delivery to the address of the
person to receive such notice; (ii) if sent by overnight mail, the business day following its deposit
in such overnight mail facility; (iii) if mailed by registered, certified or ordinary mail, five (5) days
(ten (10) days if the address is outside the State of California) after the date of deposit in a post
office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal
Service; (iv) if given by telegraph or cable, when delivered to the telegraph company with charges
prepaid; or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request,
demand, direction or other communication delivered or sent as specified above shall be directed
to the following persons:
To CITY:
Chief of Police
National City Police Department
City of National City
1243 National City Boulevard
National City, CA 91950-4397
To DISTRICT: Chief Financial Officer
National School District
1500 N Avenue
National City, CA 91950
Notice of change of address shall be given by written notice in the manner specified in this
Section. Rejection or other refusal to accept or the inability to deliver because of changed address
of which no notice was given shall be deemed to constitute receipt of the notice, demand, request
or communication sent. Any notice, request, demand, direction or other communication sent by
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cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter
mailed or delivered as specified in this Section.
20. MISCELLANEOUS PROVISIONS.
20.1 Computation of Time Periods. If any date or time period provided for in
this Agreement is or ends on a Saturday, Sunday or federal, state, legal, or DISTRICT holiday,
then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which
is not a Saturday, Sunday or federal, state, legal, or DISTRICT holiday.
20.2 Counterparts. This Agreement may be executed in multiple counterparts,
each of which shall be deemed an original, but all of which, together, shall constitute but one and
the same instrument.
20.3 Captions. Any captions to, or headings of, the sections or subsections of
this Agreement are solely for the convenience of the Parties hereto, are not a part of this
Agreement, and shall not be used for the interpretation or determination of the validity of this
Agreement or any provision hereof.
20.4 No Obligations to Third Parties. Except as otherwise expressly provided
herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon,
or obligate any of the Parties hereto, to any person or entity other than the Parties hereto.
20.5 Exhibits. The Exhibits attached hereto are hereby incorporated herein by
this reference for all purposes. To the extent any exhibits or provisions thereof conflict or are
inconsistent with the terms and conditions contained in this Agreement, the terms and conditions
of this Agreement shall control.
20.6 Amendment to this Agreement. The terms of this Agreement may not be
modified or amended except by an instrument in writing executed by each of the Parties hereto.
20.7 Waiver. The waiver or failure to enforce any provision of this Agreement
shall not operate as a waiver of any future breach of any such provision or any other provision
hereof.
20.8 Applicable Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of California.
20.9 Audit. If this Agreement exceeds Ten Thousand Dollars ($10,000), the
Parties shall be subject to the examination and audit of the State Auditor for a period of three (3)
years after final payment under the Agreement, per Government Code section 8546.7.
20.10 Entire Agreement. This Agreement supersedes any prior agreements,
negotiations and communications, oral or written, and contains the entire agreement between the
Parties as to the subject matter hereof. No subsequent agreement, representation, or promise made
by either Party hereto, or by or to an employee, officer, agent or representative of any Party hereto
shall be of any effect unless it is in writing and executed by the Party to be bound thereby.
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20.11 Successors and Assigns. This Agreement shall be binding upon and shall
inure to the benefit of the successors and assigns of the Parties hereto.
20.12 Construction. The Parties acknowledge and agree that (i) each Party is of
equal bargaining strength, (ii) each Party has actively participated in the drafting, preparation and
negotiation of this Agreement, (iii) each such Party has consulted with or has had the opportunity
to consult with its own, independent counsel and such other professional advisors as such Party
has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv)
each Party and such Party's counsel and advisors have reviewed this Agreement, (v) each Party
has agreed to enter into this Agreement following such review and the rendering of such advice,
and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting
Party shall not apply in the interpretation of this Agreement, or any portions hereof, or any
amendments hereto.
20.13 Severability. In the event any provision of this Agreement is held by a
court of competent jurisdiction to be invalid, void, or unenforceable, or is otherwise inconsistent
with applicable law, then, upon the request of either Party, the Parties shall promptly meet and
confer to determine how to amend the affected term or terms of this Agreement in a manner
consistent with the applicable law, but, in any event, all parts of this Agreement not affected shall
remain in full force and effect.
20.14 Authority. The person signing this Agreement for the DISTRICT hereby
represents and warrants that he or she is fully authorized to sign this Agreement on behalf of the
DISTRICT. The person signing this Agreement for the CITY hereby represents and warrants that
he or she is fully authorized to sign this Agreement on behalf of the CITY.
[Signature Page to Follow]
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
and year first above written.
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By:
Charles E. Bell Jr.
City Attorney
CITY OF NATIONAL CITY NATIONAL SCHOOL D&'i'RICT
By:
By: (Name)
Alejandra Sotelo Solis, Mayor
Arik Avanesyans
(Print)
APPROVED AS TO FORM: Assistant Superintendent Business Services
(Title)
Board Approval: August 11, 2021
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EXHIBIT "A"
1. SCOPE OF SERVICES AND PAYMENT
MISSION STATEMENT: It is the mission of the National School District ("DISTRICT") and
the City of National City ("CITY"), on behalf of and in concert with the National City Police
Department ("NCPD"), to provide a safe, secure, orderly teaching and learning environment for
all students and staff within the DISTRICT and the City through the protection of life and property.
The City and the DISTRICT may be individually referred to herein as a "Party" or may be
collectively referred to herein as the "Parties."
Ensuring the safety of students and staff on school campuses and deterring gangs, drug abuse,
criminal acts, and traffic violations in CITY are priorities to both the DISTRICT and the NCPD.
Both the DISTRICT and the NCPD believe that campus security is enhanced by the presence of
police officers and that police officers on campus also help improve relations between the NCPD
and youth in our community.
The DISTRICT and the NCPD agree to work together to provide the presence of a uniformed
police officer as a School Resource Officer ("SRO") on DISTRICT's school campus(es) to help
maintain a secure environment in and around DISTRICT's schools.
The DISTRICT and the NCPD agree to annually work together to monitor calls for service on
school campuses, as well as around school campuses during school hours when the calls are
deemed to be a concern or threat to the students, staff, or school property. The calls for service
data may be used to assist in determining the ongoing value of the SRO program to both Parties.
To this end, the Parties agree to the following respective roles and responsibilities pursuant to the
Agreement:
ROLE OF THE NATIONAL SCHOOL DISTRICT: The DISTRICT agrees to:
1. Coordinate scheduling with the SRO and the assigned NCPD supervisor.
2. Schedule annual safety orientation meetings at all schools for stakeholders.
3. Schedule annual safety orientation parent meetings at all schools.
4. Provide adequate space for the SRO to carry out non -classroom duties.
5. Provide regular feedback to the law enforcement agency concerning the performance of
the SRO.
6. Permit the SRO access to the playground and cafeteria to allow for informal interaction
with the students.
7. Provide audio-visual equipment for social skills/conflict resolution instruction, drug
education and other law enforcement related educational presentations.
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8. To the extent DISTRICT has actual knowledge, report all criminal activity occurring on or
about school campuses and all criminal activity involving students to the NCPD.
9. DISTRICT shall comply with the notification and other requirements of Education Code
section 48902, which provides:
(a) The principal of a school or the principal's designee shall, before the suspension or
expulsion of any pupil, notify the appropriate law enforcement authorities of the
county or city in which the school is situated, of any acts of the pupil that may
violate Section 245 of the Penal Code.
(b) The principal of a school or the principal's designee shall, within one schoolday
after suspension or expulsion of any pupil, notify, by telephone or any other
appropriate method chosen by the school, the appropriate law enforcement
authorities of the county or the school DISTRICT in which the school is situated of
any acts of the pupil that may violate subdivision (c) or (d) of Section 48900.
(c) Notwithstanding subdivision (b), the principal of a school or the principal's
designee shall notify the appropriate law enforcement authorities of the county or
city in which the school is located of any acts of a pupil that may involve the
possession or sale of narcotics or of a controlled substance or a violation of Section
626.9 or 626.10 of the Penal Code. The principal of a school or the principal's
designee shall report any act specified in paragraph (1) or (5) of subdivision (c) of
Section 48915 committed by a pupil or nonpupil on a schoolsite to the city police
or county sheriff with jurisdiction over the school and the school security
department or the school police department, as applicable.
(d) A principal, the principal's designee, or any other person reporting a known or
suspected act described in subdivision (a) or (b) is not civilly or criminally liable
as a result of making any report authorized by this article unless it can be proven
that a false report was made and that the person knew the report was false or the
report was made with reckless disregard for the truth or falsity of the report.
(e) The principal of a school or the principal's designee reporting a criminal act
committed by a schoolage individual with exceptional needs, as defined in Section
56026, shall ensure that copies of the special education and disciplinary records of
the pupil are transmitted, as described in Section 1415(k)(6) of Title 20 of the
United States Code, for consideration by the appropriate authorities to whom he or
she reports the criminal act. Any copies of the pupil's special education and
disciplinary records may be transmitted only to the extent permissible under the
federal Family Educational Rights and Privacy Act of 1974 (20 U.S.C. § 1232g et
seq.)
If notification is provided as discussed above, and no juvenile or criminal charges
are to be filed and no administrative action is to be taken by the school
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administration/DISTRICT office, the contraband shall be confiscated by the SRO
according to NCPD policy and properly disposed of.
10. Develop procedures to handle campus safety issues.
11. Establish and follow procedures for referring police involvement.
12. Abstain from calling upon the SRO for enforcement duties while they are involved in
classroom presentations except in emergencies.
13. Remit payment to the CITY for the Term, pursuant to the following terms:
(a) The total compensation from the DISTRICT to the CITY shall be the flat
fee of seventy-seven thousand six -eight dollars ($77,068.00) for a period of July
1, 2021 through June 30, 2022, upon invoicing, following the agreement and
ratification by the Board of Trustees. The Agreement may be extended by mutual
agreement upon the same terms and conditions. The parties may exercise up to
one(1), one year extension. Any extension of this Agreement must be approved in
writing by the Chief of Police, and the DISTRICT.
(b) Each invoice shall provide a detailed summary by school site of services provided
by the SRO pursuant to the Agreement and shall contain an invoice number. All
uncontested invoices shall be paid, payable to the NCPD, within thirty (30) days
after receipt of invoice at the required DISTRICT address provided in Section 20
of the Agreement. Payment shall not forfeit the DISTRICT's right to inspect the
invoice documentation, nor shall the withholding of any payment or prorated
portion thereof preclude the DISTRICT from pursuing any other rights or remedies
it may have under the invoice. The total combined amount for the First Payment
Term invoice and Second Payment Term invoice shall not exceed the NTE Amount
for the Term.
14. In the event that the Parties mutually agree to an extension in accordance with the
Agreement ("Extension Term"), DISTRICT shall remit payment for the Extension Term,
pursuant to the following terms:
(a) The total compensation from the DISTRICT to the CITY for the Extension Term
is not -to -exceed seventy-seven thousand sixty-eight dollars ($77,068.00)
("Extension NTE Amount"). This amount is to offset the cost approximately equal
to one hundred percent (100%) of the annual salary and benefits for one (1)
National City Police Officer at E-Step for the Extension Term.
(b) During the Extension Term, for each month during which CITY or NCPD has
assigned and provided to the DISTRICT an officer to serve as an SRO in
accordance with the Agreement and upon which said SRO has regularly performed
services pursuant to the Agreement at DISTRICT 's school site(s) in accordance
with this Agreement, the CITY or NCPD shall provide the DISTRICT with a
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monthly invoice on the first (1st) day of the following month. Each monthly
invoice shall provide a detailed summary by school site of services provided by the
SRO pursuant to the Agreement. CITY shall ensure that an invoice number is
entered on all invoices submitted for payment. The total combined amount for all
CITY invoices shall not exceed the Extension NTE Amount for the Extension
Term. All uncontested invoices shall be paid, payable to the NCPD, within thirty
(30) days after receipt of invoice at the required DISTRICT address provided in
Section 20 of the Agreement. Payment shall not forfeit the DISTRICT's right to
inspect the invoice documentation, nor shall the withholding of any payment or
prorated portion thereof preclude the DISTRICT from pursuing any other rights or
remedies it may have under the invoice.
15. Coordinate with the NCPD, other public and private agencies, community and civic groups
to develop a community partnership in support of crime reduction, traffic safety and other
police programs.
ROLE OF THE NATIONAL CITY POLICE DEPARTMENT: The NCPD shall provide the
following services:
1. Assign a uniformed police officer as the SRO through shared mutual agreements with the
DISTRICT and the SUHSD from July 1, 2021 through June 30, 2022.
• The shared SRO shall be responsible for providing law services to both DISTRICT and
the SUHSD.
2. Assign a uniformed police officer as the SRO to primarily focus on serving DISTRICT
schools beginning July 1, 2021 through June 30, 2022.
3. Assign the SRO to liaison with the school campuses of the DISTRICT with the purpose of
being engaged in the following duties:
• Coordinate with DISTRICT to ensure annual training for teachers and other school staff
on law enforcement and campus security issues.
• Serve as a member of the DISTRICT's Student Attendance Review Board ("SARB").
• Provide general law enforcement duties focusing on:
o Safety of students and staff on campus
o Gang related violence and crime
o Campus intrusion
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o Loss and/or damage to property
o Weapons on campus
o Alcohol and drugs on campus
o Truancy
o Traffic Safety
4. Ensure that the officer assigned as the SRO receives all required training and any additional
training deemed beneficial to their tasks.
5. Designate a member of the police staff to regularly meet with DISTRICT' s staff to evaluate
program needs, upon DISTRICT's request.
6. Ensure the SRO will be afforded ample time to engage in informal interaction with the
students.
7. Abstain from having the SRO perform enforcement duties during time scheduled for
classroom presentations, except in cases of emergency, or cases of urgency determined by
the Chief of Police of his designee.
8. Pay the agreed upon monies toward the salary and benefits for the police officer assigned
as the SRO.
9. Agree that the day-to-day operation and administrative control of the SRO and SRO
program shall be the responsibility of the NCPD. Responsibility for the conduct of the
SRO, both personally and professional, shall remain solely with the NCPD. The SRO is
employed and retained by the NCPD, and in no event shall the SRO be considered an
employee of the DISTRICT.
Although the SRO has a campus -based philosophy, the SRO is still required to respond to other
schools when dispatched, in addition to investigating school related crime and incidents. The SRO
shall do the following:
1. Enforce criminal law and protect the students, staff, and public at large against criminal
activity. The SRO shall follow the chain of command as set forth in the policy manual of
the NCPD. School authorities and the parents of any child involved shall be notified as
quickly as possible when the SRO takes any direct law enforcement action involving a
student, on -campus or off -campus, during school hours.
2. Complete reports and investigate crimes committed on campus.
3. Coordinate, whenever practical, investigative procedures between law enforcement and
school administrators. The SRO shall abide by all applicable legal requirements
concerning interviews or searches, should it become necessary to conduct formal law
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enforcement interviews or searches with students or staff on school property or at school
functions under the jurisdiction of the DISTRICT. The SRO will not be involved in
searches conducted by DISTRICT's personnel unless a criminal act is involved or unless
DISTRICT's personnel requires the assistance of the SRO because of exigent
circumstances, such as the need for safety or to prevent flight. Formal investigations and
arrests by law enforcement officials will be conducted in accordance with applicable legal
requirements.
4. Take appropriate enforcement action on criminal matters as necessary. The SRO shall,
whenever practical, advise the principal before requesting additional law enforcement
assistance on campus and shall inform the principal of any additional law enforcement
responsibilities that may need to be undertaken.
5. Comply with all laws, regulations, policies of the NCPD, and DISTRICT's Governing
Board ("Board") policies, including but not limited to laws, regulations, and policies
regarding access to confidential student records and/or the detention, investigation, and
searching of students on school premises, provided that the SRO shall under no
circumstances be required or expected to act or behave in a mariner inconsistent with their
duties as law enforcement officers.
6. Attend the DISTRICT's SARB Hearings at NCPD.
7. Attend site -based SARB meetings as requested.
8. Issue citations to parents for violations of the SARB contract.
9. Coordinate, train and inspect individual Safety Patrols as requested.
10. Provide parent education/presentations to parent groups, upon DISTRICT's request.
11. Attend meetings and facilitate participation for the San Diego Law Enforcement Teddy
Bear Drive.
12. As available, provide education related to criminal law and drug awareness to middle and
high school students, upon DISTRICT's request.
13. Teach narcotics awareness at DISTRICT's Parent/Teacher Association meetings and
student classrooms/assemblies, upon DISTRICT's request.
14. Facilitate NCPD participation and pin sales for Shop with a Cop event.
15. Facilitate the Padre Law Enforcement Day Program for NCPD and CITY employees.
16. Inspect and approve individual school safety plans for elementary and secondary schools.
Confer with the school site principal and DISTRICT administrators to develop plans and
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strategies to prevent and/or minimize situations on or near DISTRICT's campus(es) or
involving students at school -related activities.
17. Participate in the NCPD 290 (Sex Crime Registrant) Compliance Inspections, to the extent
expressly permitted by law.
18. Conduct juvenile warrant sweeps, to the extent expressly permitted by law.
19. Attend various school events and fairs as requested. If the SRO attends such school events
or fairs and there are overtime costs, DISTRICT shall be liable for such overtime cots only
if the DISTRICT has given prior written approval.
20. Enforce the San Diego County Daytime Loitering within CITY limits.
21. Attend school based disciplinary hearings and intervention programs.
22. Participate in multi -agency Truancy/Daytime Loitering Sweeps within the CITY limits, to
the extent expressly permitted by law.
23. Follow all Police Department Policies (DOP) regarding role, responsibility and officer
conduct.
24. Be familiar with all community agencies offering assistance to youths and their families,
such as mental health clinics and drug treatment centers, and, in consultation with school
administration, may make referrals when appropriate.
25. It is the responsibility of the SRO to report work schedule conflicts to the DISTRICT.
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EXHIBIT "B"
2. USE OF EDUCATIONAL RECORDS FORM
I, Shane McClure and Charles Palumbo, were assigned as a School Resource Officer at National
School District on July 1, 2021.
By signing below, I confirm that:
(1) I will access educational records in my capacity as a School Resource Officer at
National School District if any only if it is required to provide for the safety and security
of school sites.
(2) I understand and agree that the National School District shall have direct control of
my use and maintenance of such educational records.
(3) I understand that I may only use the information for the purpose which disclosure
was made and that I will comply with the re -disclosure requirements set forth under 34
Code of Federal Regulations part 99.33.
(4) I have had sufficient time to review this Acknowledgement and fully understand its
contents.
Print Name
Signature Date
151-5/4542377.1
151-5/4542377.2
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The following page(s) contain the backup material for Agenda Item: Resolution of the City
Council of the City of National City approving the one (1) year ratified Agreement and
Authorizing the Mayor to execute the ratified Agreement with the Sweetwater Union High
School for partial funding of the School Resource Officer Program for FY 2022. The City of
National City will be reimbursed $105,000 for FY 2022. (Police)
Please scroll down to view the backup material.
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CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE_: September 21, 2021
AGENDA ITEM NQ.,
ITEM TITLE:
!Resolution of the City Council of the City of NationalCity approving the one 1 year ratified Agreement and Authorizing the
Mayor to execute the ratified Agreement with the Sweetwater Union High School for partial funding of the School Resource
Officer Program for FY 2022. The City of National City will be reimbursed 1051000 for FY 2022.
PREPARED BY: [Alejandro Hernandez, Captain] DEPARTMENT: Polic
PHONE: Ed. 451 APPROVED BY:
EXPLANATION:
The National City Police Department currently assigns two police officers as School Resource Officers (SROs). SROs
provide specialized campus security and general law enforcement services to the Sweetwater Union High School District and
the National School District. The salaries and benefits for these SROs are funded by a joint agreement between the City of
National City and the Sweetwater Union High School District.
v
37/,l7
The proposed Agreement with the National School District would be retroactive to July 1, 2021 and extend through June 301
2022. Approval and ratification agreement would allow the City of National City to continue sharing the costs of the School
Resource Officer Program with the Sweetwater Union High School. Upon approval and ratification of this item, the City of
National City would be paid 1053000 for FY20 '2.1
FINANCIAL STATEMENT:
ACCOUNT NO.
Revenue: 001-1110 - 4 7
Expenditure: 001-41 1-1 O8-*
F ' 2021 1051000
APPROVED: -/1/1-0 Finance
APPROVED: 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:
Approve the Resolution.
BOARD I COMMISSION RECOMMENDATION:
i
ATTACHMENTS:
!Agreement between the City of National City and the Sweetwater Union High School Exhibit "A Scope of Services
PowerPoint presentation I
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AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
SWEETWATER UNION HIGH SCHOOL DISTRICT
THIS AGREEMENT is entered into on this August 24, 2021, by and between the CITY OF
NATIONAL CITY, a municipal corporation (the "CITY"), and the SWEETWATER UNION
HIGH SCHOOL, DISTRICT, a public entity and school district (hereinafter the "DISTRICT").
RECITALS
WHEREAS, the CITY and DISTRICT (collectively referred to as the "Parties") desires to
provide a safe, secure, and orderly teaching and learning environment for all students and staff
within Sweetwater Union I-Iigh School District and the City of National City by protecting life and
property.
WHEREAS, the Parties have decided to undertake responsibilities and expectations to
achieve mutual goals and objectives to protect the teaching and learning environment.
NOW, THEREFORE, THE PARTIES HERETO D0 MUTUALLY AGREE AS
FOLLOWS:
This Agreement will
become effective on July I, 2021. The duration of this Agreement is for the period of July I, 2021
through June 30, 2022. Completion dates or time durations for specific portions of the project are
set forth in Exhibit T'A". This Agreement may be extended by mutual agreement upon the same
terms and conditions for an additional one (I) year term. The Parties may exercise up to one (I),
one-year extension. Any extension of this Agreement must be approved in writing by the Chief of
Police, and on behalf of the DISTRICT by Chief Financial Officer Dr. Jenny Salkeld.
2. APE OF SERVICES. The CITY and the DISTRICT agree to perform the
services set forth as attached in the SCOPE OF SERVICES, attached as "Exhibit Att hereto, in
accordance with all terms and conditions contained herein. To the extent that there are any
inconsistencies between the Agreement and "Exhibit Att, this Agreement controls.
3. EJKOPJECT COORDINATION INATION AND SUPERVISION,. The Community
Services Sergeant hereby is designated as the Project Coordinator for the CITY and will monitor
the progress and execution of this Agreement. The DISTRICT hereby assigns the Chief of
Educational Equity to provide supervision and have overall responsibility for the progress and
execution of this Agreement for the DISTRICT.
4. EJIMPENSATION Abj[LUMILEAL The total compensation from the
DISTRICT to the CITY shall be the flat fee of one -hundred -five -thousand dollars I0 ,00) for
the period of July I, 2021 through June 30, 2022 ., upon invoicing, following execution of the
Agreement and ratification by the Board of Trustees.
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. Either party may request an informal meeting
to discuss any concern regarding compliance with the Roles and Responsibilities listed in Exhibit
"A". Parties agree to conduct such meeting no later than IO working days after the request.
_ I DEPE TD NT O TRA CTORI Both parties hereto in the performance of
this Agreement will be acting in an independent capacity and not as agents, employees, partners,
or joint ventures with one another. Neither the DISTRICT nor the DISTRICT'S employees are
employees of the CITY, and are not entitled to any of the rights, benefits, or privileges of the
CITY'S employees, including but not limited to retirement, medical, unemployment, or workers'
compensation insurance.
Neither this Agreement nor any interest herein may be assigned by the DISTRICT
without the prior written consent of the CITY.
'. CONTROL. Neither the DISTRICT nor its officers, agents, or employees shall
have any control over the conduct of the CITY or any of the CITY'S employees, except as herein
set forth, and the CITY or the CITY'S agents, servants, or employees are not in any manner agents,
servants, or employees of the DISTRICT, ICT, it being understood that the CITY its agents, servants,
and employees are as to the DISTRICT wholly independent, and that the CITY'S obligations to
the DISTRICT are solely such as are prescribed by this Agreement.
.• ' _ •. '•.. _0
A # A The CITY AND DISTRICT, in
the performance of the services to be provided herein, shall comply with all applicable state and
federal statutes and regulations, and all applicable ordinances, rules, and regulations of the CITY
whether now in force or subsequently enacted. Similarly, the CITY shall commit to complying the
DISTRICT board policies regarding confidentiality, FERPA, and not sharing information obtained
from the DISTRICT ICT with Department of Homeland Security unless required by law or a court of
competent j uris : iction.
. LICFNsES. PIS _ _ _ _ The CITY and DISTRICT represent and covenant
that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally
required to practice its profession. The CITY and DISTRICT represent and covenant that the
DISTRICT shall, at its sole cost and expense, keep in effect at all times during the term of this
Agreement, any license, permit, or approval which is legally required for the CITY or DISTRICT
to practice its profession.
10. STANDAWD OLLARL, The CITY and DISTRICT, .ICT, in performing any services
under this Agreement, shall perform in a manner consistent with that level of care and skill
ordinarily exercised by members of the CITY'S and DISTRICT'S TRICT'S trade or profession currently
practicing under similar conditions and in similar locations.
11. NON-DTSCRIMITCATION P QVISY lia„ The Parties shall not discriminate
against any employee or applicant for employment because of age, race, color, ancestry, religion,
sex, sexual orientation, marital status, national origin, physical handicap, or medical condition.
The Parties will take positive action to insure that applicants are employed without regard to their
age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical
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City of National City and
Sweetwater Union HSD
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handicap, or medical condition. Such action shall include but not be limited to the following:
employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or
termination, rates of pay or other forms of compensation, and selection for training, including
apprenticeship+ The Parties agrees to post in conspicuous places available to employees and
applicants for employment any notices provided by the CITY or DISTRICT setting forth the
provisions ofthis non-discrimination clause.
12. CONFIDENTIAL LTFORMATIOTi The Parties may from time to time
communicate between or amongst each other, or be in possession of, certain confidential
inforrnation. Parties agree to comply with all student confidentiality requirements, including the
Family Educational Rights and Privacy Act (FERPA) and related California law. Such confidential
information shall not be disclosed unless required by federal, state or local law. Upon receipt of
any request for confidential information by a third party, the Parties agree to advise each other of
such request and their subsequent response to such request. The Parties are each subject to the
Public Records Act and this provision is not intended to impede or impair the requirements or
obligations under that Act.
I 3. NO EVFP ND NT BASIS FOR LIABILITY. Nothing herein shall create, by
this or other understanding between the parties, an independent basis for liability of the CITY to
either the DI T` ICT or to a third party for failing to respond or for responding to a call for police
services in a dilatory or negligent manner. The CITY'S liability, if any it may have, sha.lI be that
as determined by law without regard to the existence ofthis Agreement.
14. XNDEMNIFICATION AND }TOLD HARIVILEa& The CITY and DISTRICT
agrees to defend, indemnify and hold harmless the other party, its officers, officials, agents,
employees, and volunteers against and from any and all liability, loss, damages to property, injuries
to, or death of any person or persons, and all claims, demands, suits, actions, proceedings,
reasonable attorneys' fees, and defense costs, of any kind or nature, including workers'
compensation claims, of or by anyone whomsoever, resulting from or arising out of the other
party's performance or other obligations under this Agreement; provided, however, that this
indemnification and hold harmless shall not include any claims or liability arising from the
established sole negligence or willful misconduct of the other party, its agents, officers, employees
or volunteers. Parties will cooperate reasonably in the defense of any action, and both parties shall
employ competent counsel, reasonably acceptable to the other party.
The indemnity, defense, and hold harmless obligations contained herein shall
survive the termination of this Agreement for any alleged or actual omission, act, or negligence
under this Agreement that occurred during the term of this Agreement.
15. WORKERS' COMPENSATION, The Parties shall comply with all of the
provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the
applicable provisions of Division 4 and 5 of the California Government Code and all amendments
thereto; and all similar State or federal acts or laws applicable; and shall indemnify, and hold
harmless the other party and its officers, employees, and volunteers from and against all claims,
demands, payments, suits, actions, proceedings, and judgments of every nature and description,
including reasonable attoney's fees and defense costs presented, brought or recovered against the
other party or its officers, employees, or volunteers, for or on account of any liability under any of
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City ofNational City and
Sweetwater Union HHSD
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said acts which. may be incurred by reason of any work to be performed by the other party under
this Agreement.
16. LFGAL 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 ofthejudgment or award.
17. TERMINATION.
A. This Agreement may be terminated withor without cause by either Party.
Termination without cause shall be effective only upon -darts written notice to either Party.
During said 0-day period the CITY shall perform all services in accordance with this Agreement.
B. This Agreement may also be terminated immediately by either Party for
cause in the event of a material breach of this Agreement, misrepresentation by either Party in
connection with the formation of this Agreement or the performance of services, or the failure to
perform services as directed by the Agreement.
C. Termination with or without cause shall be effected by delivery of written
Notice of Termination to either Party as provided for herein.
18. NOTICES. S. .11 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 I 0 days if the address is outside the
State of California) after the date of deposit in a post office, mailbox, mail chute, or other like
facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable,
when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy,
facsimile or fax, when sent. Any notice, request, demand, direction or other communication
delivered or sent as specified above shall be directed to the following persons:
To CITY: Chief of Police
National City Police Department
City of National City
1243 National. City Boulevard
National City, CA 91950-4397
To DISTRICT:
Chief Financial Officer
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City ofNational City and
Sweetwater Union ISD
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Sweetwater Union High School District
1130 Fifth Avenue
Chula Vista, CA.91911-2896
Notice of change of address shall be given by written notice in the manner specified
in this Section. Rejection or other refusal to accept or the inability to deliver because of changed
address of which no notice was given shall be deemed to constitute receipt of the notice, demand,
request or communication sent. Any notice, request, demand, direction or other communication
sent by cable, telex, t l copy, facsimile or fax must be confirmed within forty-eight (48) hours by
letter mailed or delivered as specified in this Section.
19. MISCELLANEOUS PROVISIONS.
A. Computation of Time Periods. If any date or time period provided for in
this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date
shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a
Saturday, Sunday or federal, state, or legal holiday.
B. Counterparts. This Agreement may be executed in multiple counterparts,
each of which shall be deemed an original, but all of which, together, shall constitute but one and
the same instrument.
C. Captions. Any captions to, or headings of, the sections or subsections of
this Agreement are solely for the convenience of the parties hereto, are not a part of this
Agreement, and shall not be used for the interpretation or determination of the validity of this
Agreement or any provision hereof.
D. No Obligations to Third Parties. Except as otherwise expressly provided
herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon,
or obligate any of the parties hereto, to any person or entity other than the parties hereto.
E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are
hereby incorporated herein by this reference for all purposes. To the extent any exhibits, schedules,
or provisions thereof conflict or are inconsistent with the terms and conditions contained in this
Agreement, the terms and conditions of this Agreement shall control.
F. Amendment to this Agreement. The terms of this Agreement may not be
modified or amended except by an instrument in writing executed by each of the parties hereto.
G. Assignment & Assumption of Rights. DISTRICT shall not assign this
Agreement, in whole or in part, to any other party without first obtaining the written consent of
CITY.
H. Waiver. The waiver or failure to enforce any provision of this Agreement
shall not operate as a waiver of any future breach of any such provision or any other provision
hereof.
I. Applicable Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of California.
J, Audit. If this Agreement exceeds ten -thousand dollars ($l 0, 0), 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 communications, oral or written, and contains the entire agreement between the
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City otNational City and
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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 paw to be bound thereby.
L. Successors and Assigns. This Agreement shall be binding upon and shall
inure to the benefit of the successors and assigns of the parties hereto.
M. Construction. The parties acknowledge and agree that (i) each party is of
equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and
negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity
to consult with its own, independent counsel and such other professional advisors as such party
has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv)
each party and such parry's counsel and advisors have reviewed this Agreement, (v) each party
has agreed to enter into this Agreement following such review and the rendering of such advice,
and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting
party shall not apply in the interpretation of this Agreement, or any portions hereof, or any
amendments hereto.
[END OF AGREEMENT -SIGNATURES APPEAR ON NEXT PAGE)
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City °Matiounl City and
Sweetwater Union ILSD
113 of 271
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
and year first above written.
CITY OF NATIONAL ITY
By:
Alejandro Sotelo-Solis, Mayor
Date Ratified by City Council:
APPROVED .S TO FORM:
Charles E. Bell, Jr.
City Attorney
By:
SWEETWATER UNION HIGH
SCHOOL I MS ' .. T
By -
Moises G. Aguirre
Superintendent
Date Ratified by Governing Board:
Air 23 2-10
i.�
Jennifer Carbuccia
General Counsel
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City ofNational City and
Sweetwater union HSD
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EXHIBIT A
SCOPE OF SERVICES
MISSION STATEMENT: It is the mission of the Sweetwater Union High School District
in concert with the National City Police Department to provide a safe, secure, orderly teaching and
learning environment for all students and staff within the Sweetwater Union High School District
and the City of National City by protecting life and property.
Ensuring the safety of students and staff on school campuses in National City is a priority to the
school administration and the Police Department.. Campus security will be increased by the
presence of police officers who will interact with the students in both a positive and proactive
mariner. Police officers on campus will help improve relations between the Police Department and
the youth of the community. Police officer availability shall be determined at the sole discretion
of the Chief of Police of the National City Police Department. As a result, the Sweetwater Union
High School District and the City of National City Police Department agree to undertake the
following responsibilities and expectations to achieve these mutual objectives.
A. SCHOOL DISTRICT'S ROLE AND RESPONSIBILITY
I. Ensure student welfare portal to portal;
2. Develop procedures to handle campus safety issues;
3. Develop emergency response procedures;
4. Develop a School Safety Plan;
5. Work with CITY to select any new School Resource Officer
DISTRICT;
6. Establish and follow procedures for referring School
involvement; and
'. Cooperate with and support in a proactive manner with the City of National City
Police Department School Resource Officers efforts to work with students, school
personnel, parents and the community.
being assigned to
Resource Officer
B. SCHOOL RESOURCE OFFICERS' ROLE A RESPONSIBILITY
I. To provide Prevention/intervention by:
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City of National City and
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a. Providing a visible uniform police officer presence on the campuses of
the Sweetwater Union High School District located in National City.
b. Developing classroom and faculty presentations related to the youth and
the law when requested.
c. Hold at least one I jointly -planned DISTRICT student form. regarding
the role of school policing, including review of relevant DISTRICT
impact data as agreed to by the parties.
d. Hold at least two jointly -planned DISTRICT community forums
regarding community policing and safety, including review of relevant
school and community impact data as agreed to by the parties.
e. Attending parent conferences/meetings as available
f. Attending Student Attendance Review Board (S.A.R.B.) meetings as
available.
g. Scheduling security activities as needed.
h. Respond to all law enforcement related matters as they occur during
regular school hours when available.
Attend various sporting events and school activities as needed for
proactive enforcement and interaction. Any overtime that is required for
any events, activities, meetings, etc., will be paid for by the DISTRICT
per the MOD
J. Documenting all incidents of crime as per Department regulations.
k. Assisting with developing and revising school security procedures and
emergency response drills.
I. Assisting the school's safety committee in developing the School Safety
Plan.
rr. Comply with all student confidentiality requirements, including the
Family Educational Rights and Privacy Act and related California law.
n. Treat all individuals with fairness, respect and dignity in equally enforcing
the laws and providing equal service to the public, regardless of
immigration status, race, ethnicity, gender, religious beliefs or any other
protected class.
o. Not enforce immigration laws.
pt Not gather, share or distribute any information related to any student's (or
student's family members) immigration status for the purposes of
immigration enforcement.
2. To continue to work with:
a. Community agencies; and
b. Parent/teacher groups as needed throughout the affected schools.
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3. Liaison with National City Police Department personnel who are investigating
criminal cases/reports or criminal activity within the affected schools.
4. Continue to work with school staff and District personnel in matters of mutual
concern such as:
a. Education and Training
b. Prevention and intervention in the areas of alcohol and drug use on
campus
c. Safety of students and staff on campus
d. Gang -related violence and crime
e. Campus intrusion, and loss andor damage to property
. Follow all Police Department Policies DP regarding role, responsibility and
officer conduct.
C. SPAN OF CONTROL/JURISDICTION: Prevention, education, training and proactive
activities will take place at Sweetwater High School, Granger Junior High School and
National City Middle School located in the City ofNational City.
D. RESOURCE: Resource and local management will be coordinated at:
Chief Financial Officer
Sweetwater Union High School District
1130 Fifth Avenue
Chula Vista,CA.91911-2896
ChiefofPolice
National City Police Department
1200 National City Boulevard
National City, CA. 91950
E. COST: One I officer will be funded jointly by the National City School District and the
Sweetwater Union High School District and one (I) officer will be funded by the City of
National City (Police Department).
The Sweetwater Union High School District will contribute to this effort as set forth in
Section 4 of this Agreement. If the Agreement is canceled as herein permitted, the CITY
shall return forthwith to the DISTRICT, the portion of such payment allocable to the period
ofthe term subsequent to the effective date of cancellation_
The total compensation from the DISTRICT to the CITY shall be the flat fee of one -
hundred -five -thousand dollars 10 ,000 out of the total cost of an officer salary plus
benefits: $192, 798) for the period of July 1, 2021 through June 30, 2022, upon invoicing,
following execution of the agreement and ratification by the Board.
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8/2512021 Coversheet
SWEETWATER
August 231 2021
Board Item --,
VE
Issue;
Memorandums of Understanding (MOUs) for School Resource Officer (SRO) services for the 2021-2022 school year.
rint ndentts Recommendation:
Approve/ratify renewal Of Memorandums of Understanding between the Sweetwater Union High School District
(SU(SUNS) and the City of Chula Vista and City of National City for School Resource Officer services, for the . 0 1- 0
22
school year.
Analysis:
The police Departments of the City of Chula Vista and the City of National City provide uniformed School Resource
Officers for all district schools in those jurisdictions. The school resource officers under contract with SUHSD and
their respective agencies enable the district to provide a safe, securer and orderly learning environment for students
and stiff. The presence and pro -active support of law enforcement has greatly enhanced school security. School
Resource Officers provide campus security and police follow-up; attendance at parent meetings and student events;
and participate on the School Attendance Review Board (SARB) and School Safety Committees, when available.
The total cost to the Sweetwater Union High School District for participation in the School Resource Officer program
with Chula Vista Police Department will remain at $5001000, for the 2021-2022 school year. The Chula Vista Police
Department will fund the Police Sergeant who supervises the program. The resource officers will be assigned to
district schools located within the City of Chula Vista. In addition, police security services will be needed for Rainbow
Graduation in December 2021 (date and location to be determined) at an additional security cost not to
exceed 51,000.00.
The City of National City will provide two officers who are assigned to Sweetwater High, National City Middle and
Granger Junior Nigh Schools* One (t) officer will be funded jointly by the National City School District and the
Sweetwater Union High School District; and one (1) officer will be funded by the City of National City Police
Department. Total cost to the district is 10 ,00 , out of the total cost of an officer salary plus benefits of $192,798,
This Board Agenda Item supports LCAP Goal 2, safe and healthy learning environment, because it helps to provide
safer campuses for students and staff.
For questions regarding this board item, please contact Dr. Vernon Moore at 19) 691-5533 or
vernon.moore@sweetwaterschools.org.
Fiscal Impact:
City of Chula Vista $501,000
City of National City $105,000
Cost not to exceed $6061000, to be paid from the district General Fund, Resource Code: 0000, School Law
Enforcement Partnership Account.
ATTACH
Description
DiCaPTIV
fl 2.24.1torr1 VP1Q CLIP ... j.
Type
Backup Material
Backup Material
Cover Memo
hU :// a twaters hco s novu a nda.corn./ ndapub drover heet a p ?1termiD 9 0ghle tiff i00
111
ah • ..y- Y .yy,fa.I—. �. •.tw �•� F ova, •• • • • •••p 1M•'!��
a.• a l• IM 111. vA"••" •• 1•
118 of 271
Elizabeth Hernandez
From:
Sent:
To:
Cc:
Subject:
Attachments:
Importance:
Elizabeth Hernandez
Wednesday, August 25, 2021 12:02 PM
Claudia Peterson
Sonia Picas
2021-2022 NCPDM U
Bd Aprvd _ _ 1 SUHSD- - NCPD MOU 1- .pdf; Bd Aprvd Agnda Itm NCPD
MOU 2021_22.pdf
High
Hi Claudia—
Atteohed please find the Board approved MOU for the City of National City Police Department.
Sgt. Springer is requesting a digitally signed MOU. He would like to pick it up today as he needs to get it to the designated staff for
approval by the City Council.
Please advise — thank you!
Liz
Elizabeth Parra -Hernandez
Senior Administrative Assistant
Student Support Services/SUHSD
Elizabeth.hernan,dez@sweetwaterschools.org
(619) 5$5-6012 (Office)
(619) 407-4982 (FAX)
"Peace cones from within — Do nor seek itwithout"
1
119 of 271
The following page(s) contain the backup material for Agenda Item: Resolution of the City
Council of the City of National City approving the settlement between Cheryl Newell and the
City of National City. (City Attorney)
Please scroll down to view the backup material.
120 of 271
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: 9/21/2021 AGENDA ITEM NO.
ITEM TITLE:
Resolution of the City Council of the City of National City approving the settlement between Cheryl Newell
and the City of National City.
PREPARED BY: Charles E. Bell, Jr., City Attorney
PHONE: 4222
EXPLANATION:
On September 20, 2019, Plaintiff Cheryl Newell filed a Workers' Compensation case against the City of
National City. Workers' Compensation Appeal Board Case No. Claim # 19-144956 — WCAB #
ADJ13235277 ("Litigation"). In Closed Session on August 3, 2021, City Council authorized a $50,000
settlement on the Litigation.
DEPARTMENT: Charles E. Bell, Jr.,
APPROVED BY: City Attorney
FINANCIAL STATEMENT: APPROVED: k _ Finance
ACCOUNT NO. APPROVED: MIS
627-407-081-433 Worker's Comp Claim Costs
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:
Adopt Resolution approving the $50,000 settlement between Cheryl Newell and the City of National City.
BOARD / COMMISSION RECOMMENDATION:
ATTACHMENTS:
• Resolution
121 of 271
The following page(s) contain the backup material for Agenda Item: Resolution of the City
Council of the City of National City approving the settlement and release agreement between
Mauquieta McNeil and Taneka McNeil and the City of National City. (City Attorney)
Please scroll down to view the backup material.
122 of 271
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: 9/21/2021 AGENDA ITEM NO.
ITEM TITLE:
Resolution of the City Council of the City of National City approving the settlement and release agreement
between Mauquieta McNeil and Taneka McNeil and the City of National City.
PREPARED BY: Charles E. Bell, Jr., City Attorney
PHONE: 4222
EXPLANATION:
DEPARTMENT: Charles E. Bell, Jr.,
APPROVED BY: City Attorney
On March 30, 2019, Plaintiffs filed a lawsuit against the City of National City and National City Police
Officers regarding the detention, arrest, and death of Earl McNeil. Plaintiffs brought the lawsuit in the
Superior Court for the County of San Diego. The lawsuit is United States District Court, Southern District
of California — Case No. 19-CV- 534-BEN-BGS ("Litigation"). On May 18, 2020, City Council convened
in Closed Session and voted unanimously to approve a settlement of $300,000. On August 9, 2021,
Plaintiffs executed a Settlement Agreement agreeing to resolve the litigation.
FINANCIAL STATEMENT:
APPROVED: Finance
ACCOUNT NO.
Liability Cost Fund No. 627-405-081-032-0000
APPROVED: 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:
Adopt Resolution approving the settlement agreement between between Mauquieta McNeil and Taneka
McNeil and the City of National City.
BOARD / COMMISSION RECOMMENDATION:
ATTACHMENTS:
• Resolution
123 of 271
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 Vortex Industries, Inc., increasing the not -to -exceed amount by $60,000,
for a total Agreement amount of $120,000, due to the demand and continuous need for
assistance with specialized services for commercial roll -up doors and gates.
(Engineering/Public Works)
Please scroll down to view the backup material.
124 of 271
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: September 21, 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 Vortex Industries, Inc., increasing the not -to -exceed amount by
$60,000, for a total Agreement amount of $120,000, due to the demand and continuous need for
assistance with specialized services for commercial roll -up doors and gates.
PREPARED BY: Tirza Gonzales, Management Analyst I
PHONE: 619-336-4318
EXPLANATION:
See staff report.
PARTMENT: Engi
APPROVED BY:
/Public Works
FINANCIAL. STATEMENT: APPROVED: FINANCE
ACCOUNT NO, APPROVED: MIS
Funds are appropriated in various accounts for FY 20; 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 Vortex Industries, Inc.
BOARD 1 COMMISSION RECOMMENDATION:
ATTACHMENTS:
I . Explanation
2. First Amendment to Agreement
3. Resolution
125 of 271
Explanation:
on July 1, 2020, the City of National City entered into an Agreement with Vortex
Industries, Inc., to provide citywide specialized services for commercial roll -up doors
and gates as needed and as directed by the City' Facilities Maintenance Supervisor.
The original Agreement is for a not -to -exceed amount of $60,000, and for an initial term
of two years. HistoricaHy, Vortex Industries, Inc. has provided services to the City in the
amount of approximately ately 3 ,0 per year, however this year various unforeseen
issues required additional repairs and replacements of roll -up gates and doors citywide.
Based on their performance, qualify of work, and need for continuous specialized
services for our commercial roll -up doors and gates, staff is requesting City Council
approval of a First Amendment to the Agreement with Vortex Industries, Inc., increasing
the not -to -exceed amount of the Agreement by $60,000, for a total Agreement amount
of $120,000 and authorizing the City Manager to execute future Agreement extensions.
Funds are appropriated in various accounts for FY 2022; funding for subsequent fiscal
years is dependent on future appropriations as part of annual budget.
126 of 271
AMENDMENT TO THE AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
VORTEX INDUSTRIESs INC.
THIS FIRST AMENDMENT TO THE AGREEMENT is entered into this 7TH day of
September, r, 0 , by and between the CITY OF NATIONAL CITY, a municipal
corporation ("CTY"), and VORTEX X INDUSTRIES, INC., a California corporation (the
"CONTRACTOR").
RECITALS
WHEREAS, ►S, the CITY and the CONTRACTOR entered into an Agreement on July
1, 2020 ("the 1 r r nt''), wherein the CONTRACTOR agreed to provide Citywide on-.
site service, repairs and maintenance to roil -up doors and gates, for a not -to -exceed
amount of $60,000, and a term of two (2) years; and
WHEREAS, the parties desire to amend the Agreement by increasing the 0, 0
not -to -exceed amount by 6O 0O0, for a total not -to -exceed amount of $120,000.
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 $60,000, for a total not -to -exceed amount of $120,000.
2. The parties further agree that, with the foregoing exceptions, each and every
other term and provision of the July 1, 2020 Agreement shall remain in full force
and effect.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment
to the Agreement on the date and year first above written.
11
11I
111
Amended Agreement Page .1 of 2 City or aLiona1 City and
Revised July 2021 Vortex Industries, Inc.
127 of 271
CITY OF NATIONAL CITY VORTEX INDUSTRIES, INC.,
California corporatio9n
By:
AlejandraS t Io Soli , Mayor
APPROVED AS TO FORM:
By:
Charles E. Belt J.
City Attorney
By:
Geis
(Prat)
Vice President
(fl/k)
Gene Sales
(Print)
CFO
(Title)
Amended Agreement Page 2 of 2 City olNational City and
Revised July 1 Vortex Industries, Inc.
128 of 271
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 24 Hour Elevator, Inc., increasing the not -to -exceed amount by
$100,000, for a total Agreement amount of $160,000, due to the demand and continuous need
for assistance with specialized elevator services. (Engineering/Public Works)
Please scroll down to view the backup material.
129 of 271
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: September 21, 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 24 Hour Elevator, Inc., increasing the not -to -exceed amount by
100,000, for a total Agreement amount of $160,000, due to the demand and continuous need for
assistance with specialized elevator services.
PREPARED BY: Tirza Gonzales, Management Analyst Il EPARTMENT: Engin /Pu lc Works
PHONE: 619-336-4318 APPROVED BY:
EXPLANATION:
See staff report.
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:
N/A
ORDINANCE: INTRODUCTION Li FINAL ADOPTION
STAFF RECOMMENDATION:
Adopt Resolution executing a First Amendment to the Agreement with 24 Hour Elevator, Inc.
BOARD / COMMISSION RECOMMENDATION:
ATTACHMENTS:
1. Explanation
2. First Amendment to Agreement
3. Resolution
130 of 271
ExiJanat[on
:,
On July 1, 2020, the City of National City entered into an Agreement with 24 Hour
Elevator, Inc., to provide citywide on -site elevator maintenance, service, repairs, and
inspection services as needed and as directed by the City' Facilities Maintenance
Supervisor. The original Agreement is for a not -to -exceed amount of $60,000, and for a
term of three years. Historically, 24 Hour Elevator, Inc. has provided services to the City
in the amount of approximately $25,000 per year, however this year, due to age and
reliability issues, necessary services including repairs and replacement to the relay and
other operational components, were required for the elevator located at City Hall.
Based on their performance, quality of work, and need for continuous specialized
elevator maintenance services, staff' is requesting City Council approval of a First
Amendment to the Agreement with 24 Hour, Inc., increasing the not -to -exceed amount
of the Agreement by $100,000, for a total Agreement amount of $10,000.
Funds are appropriated in various accounts For FY 2022; funding for subsequent fiscal
years is dependent on future appropriations as part of annual budget.
131 of 271
AMENDMENT THE AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
HOUR ELEVATOR, INC.
THIS 1 sT AMENDMENT TO THE AGREEMENT is entered into this 21st day of
September, 2021, by and between the CITY OF NATIONAL AL CITY, a municipal
corporation ("CITY"), and 24 HOUR ELEVATOR, INC., a California corporation (the
"CONTRACTOR").
RECITALS
WHEREAS, the CITY and the CONTRACTOR entered into an Agreement on July
1, 2020("the Agreement"), wherein the CONTRACTOR I agreed to provide Citywide on -
site elevator maintenance, service, repairs, and inspection services, for a not -to -exceed
amount f $60,000, and a term of three years; and
WHEREAS, based on the CONTRACTOR'S performance ar d quality of work, the
CITY desires to have the CONTRACTOR continue providing elevator maintenance,
service, repairs, and inspection services, and the CONTRACTOR is willing to perform
such services; and
WHEREAS, the parties desire to amend the r m nt by increasing the $60,000
not -to -exceed amount by $100,000, for a total not -to -exceed amount of $160,000.
AGREEMENT
NOW, THEREFORE, the parties hereto agree that:
. The July 1, 2020 Agreement is hereby amended to increase the $60,000not-
to-exceed amount by $100,000, for a total not -to -exceed amount of $160,000.
Il!
}
Amended Agreement Page f City ()Motional City and
Tied July 2021 24 Hurl Elevator, Inc,
132 of 271
. The parties further agree that, with the foregoing exceptions,each and every
other terra and provision of the July 'I , 2020 Agreement shall remain in full
force
a n d effect.
R. �._ Jd i :� 'S WHEREOF, the parties hereto have executed this 1ST Amendment
io the Agreement on the date and year first above written.
CIITY OF NATIONAL CITY
By:
Alejandra Sotelo-Solis, Mayor
APPROVED AS OF
By:
Charles E. Be Jr.
City Attorney
24 HOUR ELEVATOR, INC.
(Corporation — signatures of two
corporate to officers s required)
By:
(Nam e)
Chris Sommese
(Print)
Sales Manager
er
(Title)
Ken Dixon
(Print)
General Manager.
Amended Agreement 2 0112 Page City of'National City and
Revised July 2021 24 I -four Elevator, Inc.
133 of 271
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 Stancrest Lane and E. 14th Street in order to enhance safety and visibility
for drivers exiting Stancrest Lane onto E. 14th Street (TSC No. 2021-17).
(Engineering/Public Works)
Please scroll down to view the backup material.
134 of 271
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: September 21, 2021
AGENDA ITEM 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 Stancrest Lane and E. 14th Street in order to enhance safety and visibility
for drivers exiting Stancrest Lane onto E. 14th Street (TSC No. 2021-17).
PREPARED BY: Carla Hutchinson, Assistant Engineer - civil , DEPARTMENT: Engi
PHONE: 1 -33 `4388 APPROVED BY:
EXPLANATION:
See attached.
ublic Works
FINANCIAL STATEMENT:
ACCOUNT NO.
N/A
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: E: INTRODUCTION:
FINAL ADOPTION:
APPROVED:
APPROVED:
Finance
MIS
STAFF REOMMENDATION:
Adopt Resolution authorizing installation of red curb "No Parking" at the intersection of Stancrest Lane and E. 14th
Street.
BOARD ICOMMISSION RECOMMENDATION:
At their meeting on August 11, 2021, the Traffic Safety Committee approved staffs recommendation to install red
curb "No Parking" at the intersection of Stancrest Lane and E. 14th Street.
ATTACHMENTS:
1. Explanation w/ Exhibit
2. Staff Report to the Traffic Safety Committee on August I 1, 2021 (TSC No. 2021-17)
3. Resolution
135 of 271
EXPLANATION
An area resident has requested red curb "No Parking" at the intersection between E. 14th
Street and Stancrest Lane to improve visibility and enhance safety for the vehicles exiting
from Stancrest Lane onto, E. 14th Street.
Staff performed a site evaluation. E. 14th Street is currently 2-lanes wide and has available
parking on both sides of the street. The posted speed limit on E. 14th Street is 25 mph.
Staff confirmed that there is 30 feet of existing red curb "No Parking" on the west side of
Stancrest Lane, south of E. 14th Street. Staff also confirmed that there is 20 feet of red
curb "No Parking" on the east side of Staricrest Lane, south of E. 14th Street.
Staif confirmed that when vehicles park too close to the corner on E. 14th Street and
Stancrest Lane at the intersection, the visibility for the vehicles that are exiting Stancrest
Lane ontoE. l4th Street is obstructed.
Staff also reviewed the traffic collision history for this location, which confirmed there were
no "reported" traffic collisions within the past four years. See attached "Traffic Collision
History" summary table.
This item was presented to the Traffic Safety Committee via Zoom plafform on August
it, 2021. Staff sent notices to area residents inviting them toZoom-in or call -in to the
Traffic Safety Committee Meeting and/or contact staff with any questions.
Staff* presented the results of the site evaluation to the Traffic Safety Committee and after
discussion, the Traffic Safety Commiftee voted to approve staffs recommendation to
install 10 feet of additional red curb "No Parking" on the west side of Stancrest Lane,
south of E. 14th Street, to improve visibility for drivers exiting Stancrest Lane onto E. 14th
Street. This will not result in the loss of any on -street parking space.
If approved by City Council, all work will be performed by City Public Works.
136 of 271
Location Map with Recommended Enhancements (TSC Item: 2021-17
10' of proposed
additional red curb
"No Parking"
1410 Stancrest Ln
f of 'sting red
cure "S' c+ Parking"
2 ' of existing red
curb "No Parking"
1413 Stancrest Ln
NATIONAL CITY TRAFFIC SAFETY COMMITTEE
AGENDA REPORT FOR AUGUST 11, 2021
ITEM TITLE: REQUEST TO INSTALL RED CURB "NO PARKING" AT THE
INTERSECTION TION OF ST NC EST LANE AND E. 1 TH STREET IN
ORDER TO ENHANCE SAFETY AND VISIBILITY FOR DRIVERS
WHEN EXITING STANCREST EST LANE ONTO E. 14TH STREET.
PREPARED EI BY:
DISCUSSION:
Carla Hutchinson, Assistant Engineer - Civil
Engineering & Public Works Department
An area resident, has requested red curb "No Parking" at the intersection between E. 14th
Street and Stancrest Lane to improve visibility and enhance safety for the vehicles exiting
from Stancrest Lane onto E. 14th Street.
Staff performed a site evaluation. E. 14th Street is currently " lanes wide and has available
parking on both sides of the street. The posted speed limit on E. 14th Street is 25 mph. Staff
confirmed that there is 30 feet of existing red curb "No Parking" in " on the west side of Stancrest
Lane, south of E. 14th Street. Staff also confirmed that there is 20 feet of red curb' o Parking"
on the east side of Stancrest Lane, south of E. 14th Street.
Staff confirmed that when vehicles park too close to the corner on E. 14th Street and Stancrest
Lane at the intersection, the visibility for the vehicles that are exiting Stancrest Lane onto E.
14th Street is obstructed.
Staff also reviewed the traffic collision history for this location, which confirmed there were
no "reported" traffic collisions within the past four years. See attachment traffic collision
summary table.
STAFF REGOMMENDATION:
Based on evaluation of existing conditions, staff recommends the installation of 10 feet of
additional red curb "No Parking" on the west side of Stancrest Lane, south of E. 14th Street
to improve visibility for vehicles exiting Stancrest Lane onto E. 14th Street. This will not result
in the loss of on -street parking space.
ATTACHMENTS:
1. Public Request
2. Public Notice
3. Location Map
4. Photos
5. Traffic collision history
2021-17
138 of 271
Contact Information
CALIFORNIA
ATM AL-Cfritr
�co n4
rneo .J
PUBLIC REQUEST FORM
Name: area resident
Address:
Phone: Email:
Request Information
Location: 14th Street & Stancrest Ln
Request: requesting red zone to be extended to provide a clearer
view when exiting from Stancrest Lane.
Attachments:
Yes
Description:
Internal Use Only:
Request Received By:
Received via:
Assigned To:
Notes:
Counter/In-Person
Telephone
Email
Date:
Fax 1 Referral:
139 of 271
August 4, 2021
Resident/Property Owner
K CALIFORNIA-co-
NATIONALCITy
t
Subject: TRAFFIC SAFETY COMMITTEE (TSC) ITEM NO. 2021-18
REQUEST TO INSTALL RED CURB "NO PARKING" AT THE INTERSECTION of
E. 14TH STREET AND STANCREST LANE IN ORDER TO ENHANCE SAFETY
AND VISIBILITY FOR DRIVERS WHEN EXITING STANCREST LANE ONTO E.
14TH STREET.
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, August 11, 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://us06web.zoom.us1/86191509840?pwd=bDAybzihYklwcExTMOFSaWxkaTB4dzi39
Join Zoom Meeting by phone
+1 89- 00-g 1 8
Meeting ID: 861 9150 9840
Passcode: 605633
If you have any questions, comments, and/or concerns, please contact the Engineering
Department at 619-336-4380 and reference Traffic Safety Committee Item Number
2021-18..
Sincerely,
Roberto Yano, P.E.
City Engineer/Director of Public Works
IY : ch
Enclosure: Location Map
2021-18
1243 National City Boulevard, National City, CA 91950-6530
(619) 336-4380 Fax (619) 336-4397 engineering@nationalcityca.gov
140 of 271
Location Map with Recommended Enhancements (TSC Item: 2021-17
10' of proposed
additional red curb
"No Parking"
1410 Stancrest Ln
30' of existing red
curb "No Parking"
rim
DJ
(ID
1413 Stancrest Ln
.rs
1410 Stancrest Ln
•
Location of proposed red curb "No Parking" on the west side of Stancrest Ln (looking south)
10' of proposed red
curb "No Parking"
E. 14th Street
30' of existing red
curb "No Parking"
Location of proposed red curb "No Parking" on the west side of Stancrest Ln (looking west
142 of 271
Traffic Collision History (NCPD Records Division)
From August 4, 2017 August 4, 2021, there were no traffic collisions on the intersection of E. 14th Street & Stancrest Lane.
f
4.
4.1
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 a blue curb disabled
persons parking space with sign in front of the residence located at 1510 Harding Avenue
(TSC No. 2021-18). (Engineering/Public Works)
Please scroll down to view the backup material.
144 of 271
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: September 21, 2021
AGENDA ITEM NO.
ITEM TITLE:
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 1510 Harding Avenue (TSC
No. 0 1-1 ).
PREPARED BY: Carla Hutchinson, Assistant Engineer - Civil y\\, , DEPARTMENT: Engines ?ri r /Public Works
PHONE:619-336-4388
EXPLANATION:
See attached.
APPROVED BY:
FINANCIAL STATEMENT:
ACCOUNT NO.
N/A
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED:
APPROVED:
Finance
MIS
STAFF RECOMMENDATION:
Adopt Resolution authorizing installation of a blue curb disabled persons parking space with sign in front of the
residence located at 1510 Harding Avenue.
BOARD i COMMISSION RECOMMENDATION:
At their meeting on August I I , 2021, the Traffic Safety Committee approved staffs recommendation to install a
blue curb disabled persons parking space with sign in front of the residence located at 1510 Harding Avenue,
ATTACHMENTS:
1. Explanation wl Exhibits A and B
2. Staff Report to the Traffic Safety Committee on August 11, 2021 (TSC No. 2021-18)
3. Resolution
145 of 271
EXPLANATION
The resident of 1510 Harding Avenue has requested a bue curb disabled persons parking
space in front of her residence. The resident possesses a valid disabled persons placard
from the California Department of Motor Vehicles. The resident stated that it is difficult for
her to find parking in front of her residence due to the high demand of parking in the area
and that a disabled persons parking space in front of her residence would provide easier
access to the house.
Staff visited the site and observed that the resident's residence has no driveway and no
garage. The slope on Harding Avenue was found to be negligible.
The City Council has adopted a policy which is used to evaluate requests for disabled
persons parking spaces. The City Council Disabled Persons Parking Policy requirements
for "Special Hardship" cases are as follows:
1. Applicant (or guardian) must be in possession of valid license plates or placard for
"disabled persons" or "disabled veterans". This condition is met.
2. The proposed disabled parking space must be in front (or side if on a corner lot) of
the applicant's (or guardian's) place of residence. This condition is met.
.
The residence must not have useable off-street parking available or an off-street
space available that may be converted into disabled parking. This condition is met.
This item was presented to the Traffic Safety Committee on August 11, 2021. Staff sent
notices to area residents inviting them to Zoom -in or call -in to the Traffic Safety Committee
Meeting and/or contact staff with any questions.
Stan presented the results of the site evaluation to the Traffic Safety Committee and after
discussion, the Traffic Safety Committee voted to approve sfiaffi's recommendation to
install a blue curb disabled persons parking space with sign, since all three conditions of
the City Council Disabled Persons Parking Policy for "Special Hardship" cases are met.
The applicant for this request was informed that handicap parking spaces do not
constitute "personal resented parking" and that any person with valid "disabled persons"
license plates or placards may park in handicap spaces.
Staff is working on a parking implementation plan that will make recommendations to
modify Title 11 of the National City Municipal Code to manage future blue curb requests
as the City is receiving an increase in the amount of requests for blue curb disabled
persons parking spaces. Please see attached Exhibit "B" for the location of existing blue
curb disabled persons parking spaces within a 4-block radius from the proposed location
for this request.
If approved by City Council, all work will be performed by City Public Works.
146 of 271
Exhibit "A" - Location Map with Recommended Enhancements (TSC Item: 2021=18)
Ci\o
PARKING
ONLY
Proposed blue curb
disabled persons
parking spzce
1510 Harding
Avenue
PARKING
ONLY
Existing blue curb
sabled persons
rking space in
front of 1540
Harding Avenue
Exhibit "B" -Location Map showing existing blue curb parking spaces (TSC Item: 2021-18)
1330
Harding
Ave
1414
Harding
Ave
1510
Harding
Ave
1632
Harding
Ave
1540
Harding
Ave
1624
herding
Ave
1435
Hooves
Ave
Kimball
Elementary
School
116 W.
14th St
1601
Hoover
Ave
Proposed location
of blue curb parking space
NATIONAL CITY TRAFFIC SAFETY COMMITTEE
AGENDA REPORT FOR AUGUST 11, 2021
2
ITEM TITLE: REQUEST FOR INSTALLATION LLATION OF A BLUE CURB DISABLED
PERSONS PARKING SPACE WITH SI NA E IN FRONT OF THE
RESIDENCE AT 1510 HARDING AVENUE
PREPARED BY: Carla Hutchinson, Assistant Engineer - Civil
Engineering & Public Works Department
DISCUSSION:
The resident of 1510 Harding Avenue, has requested a blue curb disabled persons parking
space in front of her residence. The resident possesses a valid disabled persons placard
from the California Department of Motor Vehicles. The resident stated that it is difficult for her
to find parking in front of her residence due to the high demand of parking in the area and
that a disabled persons parking space in front of her residence would provide easier access
to the house.
Staff visited the site and observed that the resident's residence has no driveway and no
garage. The slope on Harding Avenue was found to be negligible.
The City Council has adopted a policy which is used to evaluate requests for disabled
persons parking spaces. The City Council Disabled Persons Parking Policy requirements for
"Special Hardship" cases are as follows:
1. Applicant (or guardian) must be in possession of valid license plates or placard for
"disabled persons" or "disabled veterans". This condition is met.
. The proposed disabled parking space must be in front (or side if on a corner lot) of
the applicant's (or guardian's) place of residence. This condition is met.
. The residence must not have useable off-street parking available or an off-street
space available that may be converted into disabled parking. This condition is met.
It shalt be noted that disabled persons parking spaces do not constitute "personal reserved
parking" and that any person with valid "disabled persons" license plates or placards may
park in handicap spaces.
Staff is working on a parking implementation plan that will make recommendations to modify
Title 11 of the National City Municipal Code to manage future blue curb requests as the City
is receiving an increase in the amount of requests for blue curb disabled persons parking
spaces. Please see attached exhibit for the location of existing blue curb disabled persons
parking spaces within a -block radius from the proposed location for this request.
149 of 271
STAFF RECOMMENDATION:
Since all three conditions of the City Council Disabled Persons Parking Policy for "Special
Hardship" oases are met, staff recommends the installation of a blue curb disabled persons
parking space with signage in front of the residence at 1510 Harding Avenue.
EXHIBITS:
1. Pubic Request Form
". Public Notice
3. Location Map
4. Location Map showing existing blue curb parking spaces in the area
Photos
6. City Council Disabled Persons Parking Policy
2021-18
150 of 271
R-ECEIA!
}
,.' tF
REQUEST FOR OWE CURB DISABLED PERSONS PARKING Srfr A io:
NAME OF DISABLED PERSON:NATIONAL CITY
NAME OF REPRESENTATIVE FOR DISABLED PERSON cif different from above):
EMAIL
PHONE N MB E _
p� r.
Please answer the followiriiiquestIons, which will assist Engineering staff, the Tr
affic Safety
Committees and your City Council In determining if you are gushed to have a blue ctirb
persons parking space placed in front of your residence, Please be informed that all
blue curb parkIng
spaces are considered pubilc parking& Therefore, any registered Wilda In possession
of a disabled
persons placard or license 'V Is legally allowed to park in II b 'curb space fur
up to 72
contfnuous ham
I) Do you possess a valid: disable0 r'Omani n Cali r r
Vehicles (D t '
Es NO
If YE , please Include a copy of the placard, which containsyour names ad r
esss
placard number, and expiration date,
2) Does your rRstdense have a garage? FIVES
if YES, is the garage large enough to perk e vehicle OYES
(rnfrtlmMrn of 20` h 121
Does war residence have a drhieway?
If YES, n) Is the driveway large enough to pa& a vehicle?
(minigpum o 12')
b) Is the driveway level?
c) is the driveway sloped/Inclined?
• + w M i. # 411 •..r 4.4 m.if+• MMi. rrt wsr tii•R .P.1• .P. rrt X PM
4) Please write any adelltiorial comments hare (option al .
a
Oringo—
r
Nio
ES ENO
1.
151 of 271
August 4, 2021
Resident/Property Owner
- -CALIFORNIA-JP-
NATIONA-L—CM
taav
leco+iJb Va
ato .
Subject: TRAFFIC SAFETY COMMITTEE (TSC) ITEM NO. 2021-18
REQUEST FOR INSTALLATION OF A BLUE CURB DISABLED PERSONS
PARKING SPACE WITH SIGNAGE IN FRONT OF THE RESIDENCE AT 1510
HARDING AVENUE.
Dear it/Madame:
The City of National City wouid like to invite you to our next public Traffic Safety
Committee Conference Call scheduled for Wednesday, August 11, 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://us06web.zoormusly86191509840?pwd=bDAybzlhYkliNcExTMOFSaWxkaTB4dz09
Join Zoom Meeting by pbone
+1 66 - 00- 128
Meeting ID: 861 9150 9840
Passcode: 605633
If you have any questions, comments, and/or concerns, please contact the Engineering
Department at 61 -336-43 0 and reference Traffic Safety Committee Item Number
2021-18.
Sincerely,
Roberto Yano, P.E.
City Engineer/Director of Public Works
RY:ch
Enclosure: Location Map
2021-18
1243 National City Boulevard, National City, CA 91950-6530
(619) 336-4380 Fax (619) 336-4397 engineering@natianalcityca.gav
152 of 271
PARKING
ONLY
R99 (CA)
Proposed blue curb
disabled persons
parking space
e/V.
PARKING
ONLY
R99 (CAI
L cation Map with Recommended Enhancements (TSC Item: 2021-18)
W. 15th Street
111.
Existing blue curb
disabled persons
parking space in
front of , 540
Harding Avenue
.M
W. 16th Street
0J'4
t
0
Location Map showing existing blue curb parking spaces (TSC Item: 2021-18)
11,7:Llifitott
•
1414
Harding
Ave
1632
!larding
Av
•••
116
TTvow 111
4
1428
Harding
Ave
1624
Harding
Ave
t
"141111M-7
r".• '
00, •
1435
Hoover
Ave
40-
1
Civic Cent D
116 W.
lath S Al
ILL
0. If ,.40_11 I.
1601
Hoover
Ave
W. Lath, st-
,
'
•
4ft
...126-Attr
04114 *-41,'
u0;
I 11411-4:11.411.,
51. -
it
4
0:67 A°1-11
7 I
'00
"Pir Pt
*F1
fa
0 T.
1
LEGEND
MO Proposed Io9tion
of blue curb parking spaze
t
Proposed
blue curb
parking space
151 HardingjAve
Location of proposed blue curb disabled persons parking space in front of 1510 Harding Ave (looking west)
1510 Harting Ave
Proposed blue
curb parking
space
Location of proposed blue curb disabled persons parking space in front of 1510 Harding Ave (looking south)
155 of 271
DISABLED PERSONS PARKING POLICY
The purpose of a disabled persons parking zone is to provide designated parking spaces at
major points of assembly for the exclusive use of physically disabled persons whose
vehicle displays a distinguishing license plate as authorized by the California Department
of Motor Vehicles.
The City Council may upon recommendation of the City Engineer, designate specially
marked and posted on -street parking spaces for disabled persons pursuant to California
Vehicle Code 21101, et seq. at the following facilities:
1 _Government buildings serving the public such as administration buildings,
public employment offices, public libraries, police stations, etc.
2. Hospitals and convalescent homes with more than -bed capacity.
3. Medical facilities and doctors' offices staffed by a maximum of five
practitioners. Zones shall be located to serve a maximum number of
facilities on one block.
4. Community service facilities such assenior citizens service centers, ete.
5. Accredited vocational training and educational facilities where no off-
street parking is provided for disabled persons.
6. Employment offices for major enterprises employing more . than 200
persons.
7. Public recreational facilities including municipal swimming ng pools,
recreation halls, museums, etc.
8. Public theaters, auditoriums, meeting halls, arenas, stadiums with more
than 300 seating capacity.
9. Other places of assembly such as schools and churches.
10. Commercial and/or office building with an aggregate of more than
50,000 square feet of usable floor space. Zone shall be located to serve a
maximum number of facilities on one block.
11. Hotels catering to daily guests, maintaining a ground floor lobby and a
switchboard that is operated 24 hours Per day.
156 of 271
12. A hotel or apartment house catering to weekly or monthly guests and
containing pore than 30 separate living units.
In addition, disabled persons parking spaces may be provided within all publicly owned,
leased or controlled off-street parking facilities as specified in the General Requirements.
General leu i rein ens
Bach disabled persons parking space shall be indicated by blue paint and a sign
(white on blue) showing the international symbol of accessibility (a profile view of a
wheelchair with occupant).
Where installed under the above criteria the total number of disabled persons curb
parking spaces will be limited to 3% of the total number of on -street parking spaces
available in the area and shall be distributed uniformly withiin the area.
Disabled persons parking will not be installed at locations with a full -tine parking
prohibition. When a disabled persons parking zone is installed where a part-time parking
prohibition is in effect, the disabled persons parking zone will have the same time
restrictions as the part-time parking prohibition.
The cost of installing disabled persons parking will be assumed by the City on
public streets and public off-street parking facilities.
In establishing on -street parking facilities for the disabled there shall be a
reasonable determination made that the need is of an on -going nature. The intent is to
prevent the proliferation of special parking stalls that may be installed for a short-term
purpose but later are seldom used. Unjustified installation of such parking stalls
unnecessarily increases the City's maintenance and operations costs, reduce available on -
street parking for the general public, and detract from the overall effectiveness of the
disabled persons parking program.
Special Hardship Cases
It is not the intention of the City to provide personal reserved parking on the
public right-jof-way, especially in residential areas. However, exceptions may be .made,
in special hardship cases, provided all of the following conditions exists:
(1) Applicant (or guardian) must be in possession of valid license plates for
"disabled persons" or "disabled veterans."
(2) The proposed disabled parking space must be in front of the applicant's
(or guardian' s) place of residence.
157 of 271
(3)
Subject residence- must not have useable - tr —oval Ie or
off-street space available that may be converted into disabled parking.
NOTE:It must be emphasized that such parking spaces do not constitute "personal
reserved parking" and that any person with valid "disabled persons" license plates may
park in the above stalls.
Jha:p
158 of 271
The following page(s) contain the backup material for Agenda Item: Investment transactions
for the month ended July 31, 2021. (Finance)
Please scroll down to view the backup material.
159 of 271
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: September 21, 2021 AGENDA ITEM NO.:
ITEM TITLE:
Investment transactions for the month ended July 31, 2021.
PREPARED BY: Ray. Ga€4.0 DEPARTMENT: Finance ��"�
PHONE: 619-336-4346 APPROVED BY: k'y".—
EXPLANATION:
In accordance with California Government Code Section 53646 and Section XIIA of the City of National
City's investment policy, a monthly report shall be submitted to the legislative body accounting for
transactions made during the reporting period.
The attached listing reflects investment transactions of the City of National City's investment portfolio for
the month ending July 31, 2021.
FINANCIAL STATEMENT:
ACCOUNT NO.
NA
APPROVED:
APPROVED:
ENVIRONMENTAL REVIEW:
This is not a project and, therefore, not subject to environmental review.
ORDINANCE: INTRODUCTION
FINAL ADOPTION
FINANCE
MIS
STAFF RECOMMENDATION:
Accept and file the Investment Transaction Ledger for the month ended July 31, 2021.
BOARD / COMMISSION RECOMMENDATION:
NA
ATTACHMENTS:
Investment Transaction Ledger
160 of 271
City of National City Consolidated Transaction Ledger
As of July 31, 2021
Transaction
Type
Settlement
Date
CUSIP
Quantity Security Description
c
Price Aq/Disp
Yield
Amount
Interest
Pur/Sold
Total Amount Gain/Loss
ACQUISITIONS
Purchase 07/02/2021 60934N807
7.61 Federated Investors Govt Oblig Fund
Inst.
1.000 0.01%
7.61
0.00
7.61
0.00
Purchase 07/07/2021 60934N807
5,078.13 Federated Investors Govt Oblig Fund
Inst.
1.000 0.01%
5,078.13
0.00
5,078.13
0.00
Purchase 07/08/2021 60934N807
6,700.00 Federated Investors Govt Oblig Fund
Inst.
1.000 0.01%
6,700.00
0.00
6,700.00
0.00
Purchase 07/09/2021 60934N807
100,560.54 Federated Investors Govt Oblig Fund
Inst.
1.000
0.01% 100,560.54
0.00
100, 560.54
0.00
Purchase 07/10/2021 60934N807
7,600.00 Federated Investors Govt Oblig Fund
Inst.
1.000 0.01%
7,600.00
0.00
7,600.00
0.00
Purchase
07/11/2021 60934N807
6,600.00 Federated Investors Govt Oblig Fund
Inst.
1.000 0.01%
6,600.00
0.00
6,600.00
0.00
Purchase
07/12/2021 79466LAG9
65,000.00 Salesforce.com Inc Callable Note Cont
7/15/2022
0.625% Due 7/15/2024
99.949 0.64%
64,966.85
0.00
64,966.85
0.00
Purchase 07/13/2021 60934N807
251,422.65 Federated Investors Govt Oblig Fund
Inst.
1.000
0.01% 251,422.65
0.00
251,422.65
0.00
Purchase 07/13/2021 60934N807
6,828.13 Federated Investors Govt Oblig Fund
Inst.
1.000 0.01%
6,828.13
0.00
6,828.13
0.00
Purchase
07/14/2021 45950KCR9
300,000.00 International Finance Corp Note
1.375% Due 10/16/2024
102.690 0.54%
308,070.00 1,008.33
309,078.33
0.00
Purchase
Purchase
Purchase
07/15/2021 60934N807
07/15/2021 60934N807
Purchase
Purchase
Purchase
07/15/2021 60934N807
07/15/2021 60934N807
07/15/2021 60934N807
100,619.89 Federated Investors Govt Oblig Fund
Inst.
343.75 Federated Investors Govt Oblig Fund
Inst.
31.88
Federated Investors Govt Oblig Fund
Inst.
34.50 Federated Investors Govt Oblig Fund
Inst.
155.83 Federated Investors Govt Oblig Fund
Inst.
07/15/2021 60934N807
27.56 Federated Investors Govt Oblig Fund
Inst.
1.000
0.01% 100,619.89
0.00
100, 619.89
0.00
1.000 0.01%
343.75
0.00
343.75
0.00
1.000 0.01%
31.88
1.000 0.01%
1.000 0.01%
1.000 0.01%
34.50
155.83
27.56
0.00
0.00
0.00
0.00
31.88
0.00
34.50
155.83
27.56
0.00
0.00
0.00
Chandler Asset Management
Page 9 Execution Time: 8/26/2021
161 of 271
City of National City Consolidated Transaction Ledger
As of July 31, 2021
Transaction
Type
Settlement
Date
CUSIP
Quantity Security Description
c
Price Aq/Disp
Yield
Amount
Interest
Pur/Sold
Total Amount Gain/Loss
ACQUISITIONS
Purchase 07/15/2021 60934N807
332.00 Federated Investors Govt Oblig Fund
Inst.
1.000 0.01%
332.00
0.00
332.00
0.00
Purchase 07/15/2021 60934N807
62.83 Federated Investors Govt Oblig Fund
Inst.
1.000 0.01%
62.83
0.00
62.83
0.00
Purchase 07/15/2021 60934N807
56.83 Federated Investors Govt Oblig Fund
Inst.
1.000 0.01%
56.83
0.00
56.83
0.00
Purchase 07/15/2021 60934N807
29.17 Federated Investors Govt Oblig Fund
Inst.
1.000 0.01%
29.17
0.00
29.17
0.00
Purchase 07/15/2021 60934N807
8,035.81 Federated Investors Govt Oblig Fund
Inst.
1.000 0.01%
8,035.81
0.00
8,035.81
0.00
Purchase
07/15/2021 60934N807
4,453.51 Federated Investors Govt Oblig Fund
Inst.
1.000 0.01%
4,453.51
0.00
4,453.51
0.00
Purchase
Purchase
Purchase
Purchase
Purchase
Purchase
07/15/2021 60934N807
07/15/2021 90LAIF$00
07/17/2021 60934N807
10,744.90 Federated Investors Govt Oblig Fund
Inst.
12,089.44 Local Agency Investment Fund State
Pool
07/19/2021 60934N807
07/19/2021 60934N807
07/21/2021 47789QAC4
Purchase 07/21/2021 60934N807
Purchase 07/21/2021 60934N807
457.19 Federated Investors Govt Oblig Fund
Inst.
77.08 Federated Investors Govt Oblig Fund
Inst.
7,641.67 Federated Investors Govt Oblig Fund
Inst.
135,000.00 John Deere Owner Trust 2021-B A3
0.52% Due 3/16/2026
18.00 Federated Investors Govt Oblig Fund
Inst.
1.000 0.01%
1.000 0.25%
1.000 0.01%
1.000 0.01%
1.000 0.01%
99.991
10, 744.90
12,089.44
457.19
0.00
0.00
0.00
77.08
0.00
7,641.67
0.52% 134,987.96
1.000 0.01%
0.00
0.00
18.00
0.00
10, 744.90
12,089.44
457.19
77.08
7,641.67
134,987.96
18.00
93.92 Federated Investors Govt Oblig Fund
Inst.
1.000 0.01%
93.92
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
93.92
0.00
Purchase 07/21/2021 60934N807
10,445.09 Federated Investors Govt Oblig Fund
Inst.
1.000 0.01%
10,445.09
0.00
10,445.09
0.00
Purchase 07/28/2021 60934N807
4,900.00 Federated Investors Govt Oblig Fund
Inst.
1.000 0.01%
4,900.00
0.00
4,900.00
0.00
Chandler Asset Management
Paee 10 Execution Time: 8/26/2021
162 of 271
City of National City Consolidated Transaction Ledger
As of July 31, 2021
Transaction Settlement
Type Date
CUSIP
Quantity Security Description
c
Price Aq/Disp
Yield
Amount
Interest
Pur/Sold
Total Amount Gain/Loss
ACQUISITIONS
Purchase 07/30/2021 60934N807
5,400.00 Federated Investors Govt Oblig Fund
Inst.
1.000 0.01%
5,400.00
0.00
5,400.00
0.00
Purchase 07/31/2021 60934N807 4,218.75 Federated Investors Govt Oblig Fund 1.000 0.01% 4,218.75 0.00 4,218.75 0.00
Inst.
Subtotal
1,055,066.66
1,063,091.47 1,008.33
1,064,099.80 0.00
Security 07/06/2021 60934N807 2,325.07 Federated Investors Govt Oblig Fund 1.000
Contribution
Inst.
2,325.07 0.00
2,325.07 0.00
Security 07/16/2021 90LAIF$00 6,000,000.00 Local Agency Investment Fund State 1.000
Contribution
Pool
6,000,000.00 0.00
6,000,000.00 0.00
Security 07/21/2021 60934N807
Contribution
16,104.64 Federated Investors Govt Oblig Fund
Inst.
1.000 16,104.64 0.00 16,104.64 0.00
Security 07/31/2021 90SDCP$00 53,000.00 County of San Diego Pooled Investment 1.000
Contribution Pool
53,000.00
0.00 53,000.00 0.00
Subtotal 6,071,429.71 6,071,429.71 0.00 6,071,429.71 0.00
Short Sale 07/12/2021 60934N807 -64,966.85 Federated Investors Govt Oblig Fund 1.000 -64,966.85 0.00-64,966.85 0.00
Inst.
Short Sale 07/21/2021 60934N807 -134,987.96 Federated Investors Govt Oblig Fund 1.000 -134,987.96 0.00-134,987.96 0.00
Inst.
Subtotal
-199,954.81 -199,954.81 0.00-199,954.81 0.00
TOTAL ACQUISITIONS 6,926,541.56 6,934,566.37 1,008.33 6,935,574.70 0.00
DISPOSITIONS
Closing 07/12/2021 60934N807 -64,966.85 Federated Investors Govt Oblig Fund 1.000 -64,966.85 0.00-64,966.85 0.00
Purchase Inst.
Closing 07/21/2021 60934N807 -134,987.96 Federated Investors Govt Oblig Fund 1.000 -134,987.96 0.00-134,987.96 0.00
Purchase Inst.
Subtotal
-199,954.81 -199,954.81 0.00-199,954.81 0.00
Sale
07/09/2021 912828576 100,000.00 US Treasury Note
1.125% Due 7/31/2021
100.066 0.03% 100,066.41
494.13 100,560.54 4,503.91
Chandler Asset Management
Page 11 Execution Time: 8/26/2021
163 of 271
City of National City Consolidated
Transaction Ledger CAI
As of July 31, 2021
Transaction Settlement
Type Date
CUSIP Quantity Security Description
Price Acq/Disp
Yield
Amount
Interest
Pur/Sold
Total Amount Gain/Loss
DISPOSITIONS
Sale
Sale
07/12/2021 60934N807
64,966.85 Federated Investors Govt Oblig Fund
Inst.
1.000
0.01% 64,966.85
0.00
64,966.85
0.00
07/13/2021 912828S76 250,000.00 US Treasury Note
1.125% Due 7/31/2021
Sale
07/14/2021 60934N807 309,078.33 Federated Investors Govt Oblig Fund
Inst.
Sale
07/15/2021 3135G0N82 100,000.00 FNMA Note
1.25% Due 8/17/2021
100.063 -0.13% 250,156.25 1,266.40 251,422.65 11,250.00
1.000 0.01% 309,078.33 0.00 309,078.33 0.00
100.106 0.06% 100,106.00 513.89 100,619.89 3,414.00
Sale
07/21/2021 60934N807 134,987.96 Federated Investors Govt Oblig Fund 1.000 0.01% 134,987.96 0.00 134,987.96 0.00
Inst.
Subtotal 959,033.14
959,361.80
2,274.42 961,636.22 19,167.91
Paydown 07/15/2021 43815NAC8 7,897.08 Honda Auto Receivables Trust 2019-3 100.000 7,897.08 138.73 8,035.81 0.07
A3
1.78% Due 8/15/2023
Paydown 07/15/2021 477870AC3 4,304.74 John Deere Owner Trust 2019-B A3 100.000 4,304.74 148.77 4,453.51 0.91
2.21% Due 12/15/2023
Paydown 07/15/2021 47787NAC3 0.00 John Deere Owner Trust 2020-B A3 100.000 0.00 31.88 31.88 0.00
0.51% Due 11/15/2024
Paydown 07/15/2021 47788UAC6 0.00 John Deere Owner Trust 2021-A A3 100.000 0.00 34.50 34.50 0.00
0.36% Due 9/15/2025
Paydown 07/15/2021 47789KAC7 0.00 John Deere Owner Trust 2020-A A3 100.000 0.00 155.83 155.83 0.00
1.1% Due 8/15/2024
Paydown 07/15/2021 58769KAD6 0.00 Mercedes-Benz Auto Lease Trust 2021- 100.000 0.00 27.56 27.56 0.00
B A3
0.4% Due 11/15/2024
Paydown 07/15/2021 65479JAD5 10,165.90 Nissan Auto Receivables Owner 2019-C 100.000
A3
1.93% Due 7/15/2024
10,165.90
579.00 10,744.90 0.54
Paydown 07/15/2021 89232HAC9
0.00 Toyota Auto Receivable Own 2020-A A3 100.000
1.66% Due 5/15/2024
0.00 332.00 332.00 0.00
Paydown 07/15/2021 89236XAC0
0.00 Toyota Auto Receivables 2020-D A3 100.000 0.00 29.17 29.17 0.00
0.35% Due 1/15/2025
Chandler Asset Management
Paee 12 Execution Time: 8/26/2021
164 of 271
City of National City Consolidated Transaction Ledger
As of July 31, 2021
Transaction
Type
Settlement
Date
CUSIP
Quantity Security Description
c
Price Aq/Disp
Yield
Amount
Interest
Pur/Sold
Total Amount Gain/Loss
DISPOSITIONS
Paydown 07/15/2021 89237VAB5
Paydown 07/15/2021 89240BAC2
Paydown 07/19/2021 43813KAC6
0.00 Toyota Auto Receivables Trust 2020-C 100.000
A3
0.44% Due 10/15/2024
0.00 Toyota Auto Receivables Owners 2021- 100.000
A A3
0.26% Due 5/15/2025
0.00
56.83
56.83
0.00
0.00
62.83
62.83
0.00
0.00 Honda Auto Receivables Trust 2020-3 100.000
A3
0.37% Due 10/18/2024
0.00
77.08
77.08
0.00
Paydown 07/19/2021 43814UAG4
7,616.69 Honda Auto Receivables Trust 2018-2 100.000
A3
3.01% Due 5/18/2022
7,616.69
24.98
7,641.67
0.17
Paydown 07/21/2021 43813GAC5
0.00 Honda Auto Receivables Trust 2021-1 100.000
A3
0.27% Due 4/21/2025
Paydown 07/21/2021 43813RAC1
0.00 Honda Auto Receivables 2020-1 A3
1.61% Due 4/22/2024
100.000
0.00
0.00
18.00
93.92
18.00
93.92
0.00
0.00
Paydown 07/21/2021 43815HAC1
10,341.01 Honda Auto Receivables Trust 2018-3 100.000
A3
2.95% Due 8/22/2022
10,341.01
104.08
10,445.09
1.42
Subtotal
40,325.42
40,325.42 1,915.16
42,240.58
3.11
Security
Withdrawal
Security
Withdrawal
Security
Withdrawal
Security
Withdrawal
07/06/2021 60934N807
07/06/2021 60934N807
07/21/2021 60934N807
07/27/2021 90LAIF$00
2,325.07 Federated Investors Govt Oblig Fund
Inst.
1.000
2,325.07 Federated Investors Govt Oblig Fund
Inst.
16,104.64 Federated Investors Govt Oblig Fund
Inst.
7,000,000.00 Local Agency Investment Fund State
Pool
1.000
1.000
1.000
2,325.07
2,325.07
16,104.64
7,000,000.00
0.00
2,325.07
0.00
0.00 2,325.07
0.00 16,104.64
0.00 7,000,000.00
0.00
0.00
0.00
Subtotal
7,020,754.78
7,020,754.78
0.00 7,020,754.78
0.00
TOTAL DISPOSITIONS
7,820,158.53
7,820,487.19
4,189.58 7,824,676.77 19,171.02
Chandler Asset Management
Page 13 Execution Time: 8/26/2021
165 of 271
City of National City Consolidated Transaction Ledger CAI
As of July 31, 2021
Transaction Settlement
Type Date
CUSIP
Quantity Security Description
c
Price Aq/Disp
Yield
Amount
Interest
Pur/Sold
Total Amount Gain/Loss
OTHER TRANSACTIONS
Interest 07/07/2021 3135G0X24
625,000.00 FNMA Note
1.625% Due 1/7/2025
0.000
5,078.13
0.00
5,078.13
0.00
Interest 07/08/2021 89236TFS9 400,000.00 Toyota Motor Credit Corp Note 0.000
3.35% Due 1/8/2024
6,700.00 0.00
6,700.00 0.00
Interest
07/10/2021 24422EUR8 400,000.00 John Deere Capital Corp Note 0.000 6,900.00 0.00 6,900.00 0.00
3.45% Due 1/10/2024
Interest
07/10/2021 3135G05G4 560,000.00 FNMA Note
0.25% Due 7/10/2023
0.000
700.00 0.00
700.00 0.00
Interest
07/11/2021 06051GEU9 400,000.00 Bank of America Corp Note 0.000 6,600.00 0.00 6,600.00 0.00
3.3% Due 1/11/2023
Interest
07/13/2021 3137EADB2 575,000.00 FHLMC Note
2.375% Due 1/13/2022
0.000 6,828.13 0.00 6,828.13 0.00
Interest
Interest
Interest
07/15/2021 91282CBE0
07/17/2021 24422EVN6
07/28/2021 69353RFE3
550,000.00 US Treasury Note
0.125% Due 1/15/2024
0.000
343.75 0.00
343.75 0.00
275,000.00 John Deere Capital Corp Note 0.000
0.45% Due 1/17/2024
400,000.00 PNC Bank Callable Note Cont 6/28/2022 0.000
2.45% Due 7/28/2022
457.19 0.00
457.19 0.00
4,900.00 0.00 4,900.00 0.00
Interest 07/30/2021 91159HHX1 450,000.00 US Bancorp Callable Note Cont
6/28/2024
2.4% Due 7/30/2024
0.000
5,400.00 0.00
5,400.00 0.00
Interest
07/31/2021 912828V72 450,000.00 US Treasury Note
1.875% Due 1/31/2022
0.000
4,218.75 0.00
4,218.75 0.00
Subtotal 5,085,000.00 48,125.95 0.00 48,125.95 0.00
Dividend 07/02/2021 60934N807 -25,288.75 Federated Investors Govt Oblig Fund 0.000 7.61 0.00 7.61 0.00
Inst.
Chandler Asset Management
Page 14 Execution Time: 8/26/2021
166 of 271
City of National City Consolidated Transaction Ledger
As of July 31, 2021
Transaction Settlement
Type Date
CUSIP
Quantity Security Description
c
Price Aq/Disp
Yield
Amount
Interest
Pur/Sold
Total Amount Gain/Loss
OTHER TRANSACTIONS
Dividend 07/15/2021 90LAIF$00 1,173,205,103.97 Local Agency Investment Fund State
Pool
0.000
12,089.44
0.00
12,089.44
0.00
Subtotal
1,173,179,815.22
12,097.05 0.00
12,097.05 0.00
TOTAL OTHER TRANSACTIONS 1,178,264,815.22
60,223.00 0.00
60,223.00 0.00
Chandler Asset Management
Page 15 Execution Time: 8/26/2021
167 of 271
The following page(s) contain the backup material for Agenda Item: Warrant Register #5 for
the period of 7/28/21 through 8/03/21 in the amount of $1,321,040.70. (Finance)
Please scroll down to view the backup material.
168 of 271
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: September 21, 2021 AGENDA ITEM NO.:
ITEM TITLE:
Warrant Register #5 for the period of 7/28/21 through 8/03/21 in the amount of $1,321,040.70. (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 7/28/21 - 8/03/21.
Consistent with Department of Finance's practice, listed below are all payments above $50,000.
Vendor Check/Wire Amount Explanation
No Warrants over $50,000.00 for this period
FINANCIAL STATEMENT:
ACCOUNT NO.
Warrant total $1,321,040.70.
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 $1,321,040.70.
BOARD / COMMISSION RECOMMENDATION:
ATTACHMENTS:
Warrant Register # 5
169 of 271
_`4+ CALIFORNI
N,, .' .ONAL �
ZNCORPORAT
WARRANT REGISTER # 5
8/3/2021
PAYEE DESCRIPTION CHK NO DATE AMOUNT
ANDERSON RETIREE HEALTH BENEFITS -AUG 2021 354027 8/3/21 110.00
BEARD RETIREE HEALTH BENEFITS - AUG 2021 354028 8/3/21 70.00
BECK RETIREE HEALTH BENEFITS - AUG 2021 354029 8/3/21 140.00
BISHOP RETIREE HEALTH BENEFITS - AUG 2021 354030 8/3/21 110.00
BOEGLER RETIREE HEALTH BENEFITS - AUG 2021 354031 8/3/21 260.00
BULL RETIREE HEALTH BENEFITS - AUG 2021 354032 8/3/21 580.00
CAMEON RETIREE HEALTH BENEFITS - AUG 2021 354033 8/3/21 400.00
CARRILLO RETIREE HEALTH BENEFITS - AUG 2021 354034 8/3/21 290.00
COLE RETIREE HEALTH BENEFITS - AUG 2021 354035 8/3/21 165.00
COLLINSON RETIREE HEALTH BENEFITS - AUG 2021 354036 8/3/21 420.00
CONDON RETIREE HEALTH BENEFITS - AUG 2021 354037 8/3/21 280.00
CORDERO RETIREE HEALTH BENEFITS - AUG 2021 354038 8/3/21 520.00
DALLA RETIREE HEALTH BENEFITS - AUG 2021 354039 8/3/21 900.00
DANESHFAR RETIREE HEALTH BENEFITS - AUG 2021 354040 8/3/21 250.00
DEESE RETIREE HEALTH BENEFITS - AUG 2021 354041 8/3/21 660.00
DESROCHERS RETIREE HEALTH BENEFITS - AUG 2021 354042 8/3/21 110.00
DIAZ RETIREE HEALTH BENEFITS - AUG 2021 354043 8/3/21 680.00
DILLARD RETIREE HEALTH BENEFITS - AUG 2021 354044 8/3/21 480.00
DREDGE RETIREE HEALTH BENEFITS - AUG 2021 354045 8/3/21 250.00
DUONG RETIREE HEALTH BENEFITS - AUG 2021 354046 8/3/21 280.00
EISER III RETIREE HEALTH BENEFITS - AUG 2021 354047 8/3/21 250.00
ESPIRITU RETIREE HEALTH BENEFITS - AUG 2021 354048 8/3/21 620.00
ETZLER RETIREE HEALTH BENEFITS - AUG 2021 354049 8/3/21 460.00
FABINSKI RETIREE HEALTH BENEFITS - AUG 2021 354050 8/3/21 220.00
FERNANDEZ RETIREE HEALTH BENEFITS - AUG 2021 354051 8/3/21 270.00
FIFIELD RETIREE HEALTH BENEFITS - AUG 2021 354052 8/3/21 540.00
GAUT RETIREE HEALTH BENEFITS - AUG 2021 354053 8/3/21 700.00
GELSKEY RETIREE HEALTH BENEFITS - AUG 2021 354054 8/3/21 115.00
GIBBS JR RETIREE HEALTH BENEFITS - AUG 2021 354055 8/3/21 120.00
GONZALES RETIREE HEALTH BENEFITS - AUG 2021 354056 8/3/21 480.00
HANSON RETIREE HEALTH BENEFITS - AUG 2021 354057 8/3/21 135.00
HARLAN RETIREE HEALTH BENEFITS - AUG 2021 354058 8/3/21 500.00
HAUG RETIREE HEALTH BENEFITS - AUG 2021 354059 8/3/21 120.00
HERNANDEZ RETIREE HEALTH BENEFITS - AUG 2021 354060 8/3/21 500.00
HERNANDEZ RETIREE HEALTH BENEFITS - AUG 2021 354061 8/3/21 600.00
HERNANDEZ RETIREE HEALTH BENEFITS - AUG 2021 354062 8/3/21 400.00
HODGES RETIREE HEALTH BENEFITS - AUG 2021 354063 8/3/21 200.00
IBARRA RETIREE HEALTH BENEFITS - AUG 2021 354064 8/3/21 780.00
JONES RETIREE HEALTH BENEFITS - AUG 2021 354065 8/3/21 60.00
JONES RETIREE HEALTH BENEFITS - AUG 2021 354066 8/3/21 480.00
JUNIEL RETIREE HEALTH BENEFITS - AUG 2021 354067 8/3/21 50.00
KIMBLE RETIREE HEALTH BENEFITS - AUG 2021 354068 8/3/21 300.00
KLOS RETIREE HEALTH BENEFITS - AUG 2021 354069 8/3/21 480.00
LAFRENIERE RETIREE HEALTH BENEFITS - AUG 2021 354070 8/3/21 660.00
LEACH RETIREE HEALTH BENEFITS - AUG 2021 354071 8/3/21 600.00
LIMFUECO RETIREE HEALTH BENEFITS - AUG 2021 354072 8/3/21 160.00
MATIENZO RETIREE HEALTH BENEFITS - AUG 2021 354073 8/3/21 100.00
MCCABE RETIREE HEALTH BENEFITS - AUG 2021 354074 8/3/21 280.00
1/3
170 of 271
PAYEE
MCDANIEL
MEDINA
MEEKS
MENDOZA
MINER
MORRISON
NAGLE
NOTEWARE
OLIVARES
OLIVERIA
PAUU JR
PE
PEASE JR
PETERS
POST
RAY
ROARK
RODRIGUEZ
RUIZ
SAINZ
SANCHEZ
SERVATIUS
SHOEMAKER
SILVA
SMITH
SMITH
STEWART
TIPTON
VERRY
VILLAGOMEZ
WHITE
WILKINS
YBARRA
CA DEPARTMENT OF TAX & FEE ADMIN
ADMINSURE INC
ALDEMCO
ALDEMCO
ALL FRESH PRODUCTS
ALL FRESH PRODUCTS
AT&T
BUREAU VERITAS N AMERICA INC
CAL FIRE
CALPELRA
CAPPO INC
CDWG
CHARLES PALUMBO
CHILDREN'S HOSPITAL
`+ CALIFRN�,r
N,, .,.O __L Citrivc
ZNCORFORAT
WARRANT REGISTER # 5
8/3/2021
DESCRIPTION
RETIREE HEALTH BENEFITS - AUG 2021
RETIREE HEALTH BENEFITS - AUG 2021
RETIREE HEALTH BENEFITS - AUG 2021
RETIREE HEALTH BENEFITS - AUG 2021
RETIREE HEALTH BENEFITS - AUG 2021
RETIREE HEALTH BENEFITS - AUG 2021
RETIREE HEALTH BENEFITS - AUG 2021
RETIREE HEALTH BENEFITS - AUG 2021
RETIREE HEALTH BENEFITS - AUG 2021
RETIREE HEALTH BENEFITS - AUG 2021
RETIREE HEALTH BENEFITS - AUG 2021
RETIREE HEALTH BENEFITS - AUG 2021
RETIREE HEALTH BENEFITS - AUG 2021
RETIREE HEALTH BENEFITS - AUG 2021
RETIREE HEALTH BENEFITS - AUG 2021
RETIREE HEALTH BENEFITS - AUG 2021
RETIREE HEALTH BENEFITS - AUG 2021
RETIREE HEALTH BENEFITS - AUG 2021
RETIREE HEALTH BENEFITS - AUG 2021
RETIREE HEALTH BENEFITS - AUG 2021
RETIREE HEALTH BENEFITS - AUG 2021
RETIREE HEALTH BENEFITS - AUG 2021
RETIREE HEALTH BENEFITS - AUG 2021
RETIREE HEALTH BENEFITS - AUG 2021
RETIREE HEALTH BENEFITS - AUG 2021
RETIREE HEALTH BENEFITS - AUG 2021
RETIREE HEALTH BENEFITS - AUG 2021
RETIREE HEALTH BENEFITS - AUG 2021
RETIREE HEALTH BENEFITS - AUG 2021
RETIREE HEALTH BENEFITS - AUG 2021
RETIREE HEALTH BENEFITS - AUG 2021
RETIREE HEALTH BENEFITS - AUG 2021
RETIREE HEALTH BENEFITS - AUG 2021
CHK NO
354075
354076
354077
354078
354079
354080
354081
354082
354083
354084
354085
354086
354087
354088
354089
354090
354091
354092
354093
354094
354095
354096
354097
354098
354099
354100
354101
354102
354103
354104
354105
354106
354107
DATE
8/3/21
8/3/21
8/3/21
8/3/21
8/3/21
8/3/21
8/3/21
8/3/21
8/3/21
8/3/21
8/3/21
8/3/21
8/3/21
8/3/21
8/3/21
8/3/21
8/3/21
8/3/21
8/3/21
8/3/21
8/3/21
8/3/21
8/3/21
8/3/21
8/3/21
8/3/21
8/3/21
8/3/21
8/3/21
8/3/21
8/3/21
8/3/21
8/3/21
RETIREE HEALTH BENEFITS:
SALES TAX LIABILITY
AGREEMENT TO PROVIDE MONTHLY SERVICES -
FOOD / NUTRITION CENTER
CONSUMABLES / NUTRITION CENTER
CONSUMABLES / NUTRITION
CONSUMABLES / NUTRITION
CALNET BILL ACCT 9391068709
INSPECTION SERVICES - BUREAU VERITAS
CERT-FF1AC0433 FIRE FIGHTER STRUCTURE 1
CALPELRA MEMBERSHIP 2021-2022
CAPPO 2022 CONFERENCE FOR DEBBIE LUNT
354026
354108
354109
354110
354111
354112
354113
354114
354115
354116
354117
CA NVP SOFWARE 354118
TRAINING REIM CPTED 354119
NC SAFE ROUTES TO SCHOOL PROGRAM - ENG/PW 354120
7/29/21
8/3/21
8/3/21
8/3/21
8/3/21
8/3/21
8/3/21
8/3/21
8/3/21
8/3/21
8/3/21
8/3/21
8/3/21
8/3/21
AMOUNT
290.00
105.00
460.00
290.00
580.00
520.00
460.00
120.00
280.00
360.00
340.00
300.00
140.00
290.00
280.00
190.00
135.00
260.00
310.00
300.00
330.00
340.00
480.00
580.00
320.00
560.00
200.00
250.00
280.00
480.00
230.00
520.00
220.00
27,935.00
3,552.00
15,981.50
3,589.82
493.62
2,740.22
675.33
4,440.28
24,140.00
750.00
740.00
495.00
3,455.20
359.99
24,419.51
2/3
171 of 271
PAYEE
CITY OF NATIONAL CITY
COUNTYWIDE MECHANICAL SYSTEMS
COX COMMUNICATIONS
DELL MARKETING L P
DEPARTMENT OF CONSERVATION
DIVISION 8 INCORPORATED
ESGIL CORPORATION
FUN EXPRESS LLC
FUN EXPRESS LLC
GRANICUS
GUARDADO
INTERNATIONAL EMERGENCY
JJJ ENTERPRISES
KIMLEY HORN AND ASSOC
KRONOS INC
LASER SAVER INC
MOTOROLA SOLUTIONS INC
NACOLE
NATIONAL CITY CAR WASH
NATIONAL ELECTRIC WORKS, INC.
NV5 INC
OFFICE SOLUTIONS BUSINESS
PADRE JANITORIAL SUPPLIES
PARKING TODAY MEDIA
PROFESSIONAL SEARCH GROUP LLC
PRUDENTIAL OVERALL SUPPLY
RAMIREZ
RAMIREZ
RAMIREZ
S & S RECREATION WORLDWIDE
S & S RECREATION WORLDWIDE
SABALA
SAN DIEGO HYDRAULICS
SDG&E
SEAPORT MEAT COMPANY
SEAPORT MEAT COMPANY
SHER EDLING LLP
SMART SOURCE OF CALIFORNIA LLC
SOUTH COUNTY ECONOMIC
SOUTHWEST SIGNAL SERVICE
STAPLES BUSINESS ADVANTAGE
SECTION 8 HAPS
_` + CALIFORNI
N,, .,'.ONAL Cirirc
ZNCORFORAT
WARRANT REGISTER # 5
8/3/2021
DESCRIPTION
NEW PETTY CASH FOR NUTRITION
CITYWIDE ON -SITE HVAC SERVICES
COX 1200 NC BLVD
DELL OPTIPLEX 3080 SFF 8GB MEM
DEPARTMENT OF CONSERVATION
CITY WIDE ONSITE GLASS AND WINDOW
PLAN CHECK SERVICES - ESGIL
SUPPLIES FOR COMMUNITY SERVICES DEPT
OUT OF STATE SALES TAX
GOVACCESS-WEBSITE DESIGN/IMPLEMENTATION
LIABILITY CLAIM COST
NOVA STROBE PREEMPTION LIGHT
FIRE AND SECURITY ALARM MONITORING,
CIP 19-23 CENTRAL COMMUNITY MOBILITY - ENG
ELDEN PADGETT - HRTM
MOP #45725 BLK TONER CF287A /FIRE
NETRMS TO CAD INTERFACE
ORGANIZATIONAL MEMBERSHIP
MOP 72454 AUTO SUPPLIES - PW
SCADA UPGRADES AT PUMP STATION- ENG/PW
T&A 90436 GRADING PLAN - 14 UNIT APT- ENG
MLK SOUTH AND NORTH ROOM FURNITURE
FOR CONSUMABLES AS NEEDED FOR NUTRITION
REGISTRATION PARKING EXPO / NSD
TEMP SVCS/AP FINANCE/WK ENDING 07252021
FOR UNIFORM CLEANING SERVICE
TRAINING REIM SHERMAN BLOCK SLI 1 / PD
TRAINING REIM SHERMAN BLOCK SLI 2 / PD
TRAINING REIM SHERMAN BLOCK SLI 3 / PD
LITTLE PATRIOTS CAMP ACTIVITY TOYS
OUT OF STATE SALES TAX
TRAINING REIM GANG INVEST
SEAL KIT REPLACEMENT -
GAS AND ELECTRIC UTILITIES FOR STREETS
FOOD / NUTRITION CENTER
FOOD / NUTRITION CENTER
LIABILITY CLAIM COST
PLANNING ENVELOPES - SMART SOURCE - MOP
FY 2021-2022 MEMBERSHIP DUES JULY 1,2021
ADDITIONAL INVOICE 81098
MOP 45704 OFFICE SUPPLIES / FINANCE
Start Date
7/27/2021
End Date
8/3/2021
GRAND TOTAL
CHK NO DATE AMOUNT
354121 8/3/21 200.00
354122 8/3/21 2,645.77
354123 8/3/21 841.17
354124 8/3/21 25,002.92
354125 8/3/21 1,168.05
354126 8/3/21 6,485.00
354127 8/3/21 10,559.61
354129 8/3/21 126.25
354130 8/3/21 7.55
354131 8/3/21 12,950.29
354132 8/3/21 3,835.00
354133 8/3/21 543.75
354134 8/3/21 450.00
354135 8/3/21 4,000.00
354136 8/3/21 564.53
354137 8/3/21 293.52
354138 8/3/21 2,290.00
354139 8/3/21 400.00
354140 8/3/21 375.00
354141 8/3/21 5,300.00
354142 8/3/21 1,190.00
354143 8/3/21 3,669.83
354144 8/3/21 294.41
354145 8/3/21 850.00
354146 8/3/21 5,384.96
354147 8/3/21 180.90
354148 8/3/21 212.93
354149 8/3/21 211.36
354150 8/3/21 86.68
354151 8/3/21 253.02
354152 8/3/21 17.31
354153 8/3/21 91.52
354154 8/3/21 1,169.51
354155 8/3/21 31,974.68
354156 8/3/21 1,156.02
354157 8/3/21 1,421.12
354158 8/3/21 4,876.21
354159 8/3/21 164.21
354160 8/3/21 2,500.00
354161 8/3/21 23, 549.47
354162 8/3/21 266.43
A/P Total 271,326.45
1,049,714.25
$ 1,321,040.70
3/3
172 of 271
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 21St OF SEPTEMBER, 2021.
AYES
NAYS
ABSENT
173 of 271
The following page(s) contain the backup material for Agenda Item: Warrant Register #6 for
the period of 8/04/21 through 8/10/21 in the amount of $2,265,977.29. (Finance)
Please scroll down to view the backup material.
174 of 271
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: September 21, 2021 AGENDA ITEM NO.:
ITEM TITLE:
Warrant Register #6 for the period of 8/04/21 through 8/10/21 in the amount of $2,265,977.29. (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 8/04/21 - 8/10/21.
Consistent with Department of Finance's practice, listed below are all payments above $50,000.
Vendor Check/Wire Amount Explanation
National Auto Fleet Grp 354179 138,317.62 2020 Ford Transit Cargo Van T-350
Centricity GIS, LLC 354200 52,500.00 Cityworks PLL/ AMS Implementation
Tri-Group Construction 354260 281,987.61 CIP19-19 Roosevelt Smart Growth
Whillock Contracting 354268 141,891.95 CIP18-07 Paradise Creek Park Site
FINANCIAL STATEMENT:
ACCOUNT NO.
Warrant total $2,265,977.29.
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 $2,265,977.29.
BOARD / COMMISSION RECOMMENDATION:
ATTACHMENTS:
Warrant Register # 6
1of 27
1 if
_+ CALIFORNI,r
,�L L crr
PAYEE
3 DAY BLINDS LLC
ACE UNIFORMS & ACCESSORIES INC
CYRACOM INTERNATIONAL, INC
DEPT OF JUSTICE
EXPERIAN
LASER SAVER INC
NATIONAL AUTO FLEET GROUP
PRUDENTIAL OVERALL SUPPLY
S D COUNTY SHERIFF'S DEPT
SAN DIEGO POLICE EQUIPMENT
SASI
SMART SOURCE OF CALIFORNIA LLC
STAPLES BUSINESS ADVANTAGE
STAPLES BUSINESS ADVANTAGE
TECHNOLOGY INTEGRATION GROUP
TRI TECH FORENSICS INC
T'S & SIGNS
US BANK
AETNA BEHAVIORAL HEALTH
AIRGAS USA LLC
ALDEMCO
ALL FRESH PRODUCTS
ANDERSON
ANSER ADVISORY MANAGEMENT, LLC
AT&T
AT&T
BOB MURRAY & ASSOCIATES
CENTRICITY GIS, LLC
CHARLES PALUMBO
CHARLES PALUMBO
CHEN RYAN ASSOCIATES INC
CLF WAREHOUSE INC
COX COMMUNICATIONS
CRUZ
DANIELS TIRE SERVICE
DAY WIRELESS SYSTEMS
DELL MARKETING L P
D-MAX ENGINEERING INC
ENTERPRISE FLEET MANAGEMENT
GEOSYNTEC CONSULTANTS INC
GRAINGER
HAPPY SOFTWARE INC
HDR ENGINEERING, INC.
HERNANDEZ
HOME DEPOT CREDIT SERVICES
IBM
INNOVATIVE CONSTRUCTION
IPS GROUP INC
ZNCORPORAT
WARRANT REGISTER # 6
8/10/2021
DESCRIPTION
FURNITURE / CSD
CM COVER
LANGUAGE LINE DISPATCH SERVICES / PD
DOJ FINGERPRINTING / PD
CREDIT CHECKS / PD
MOP 04840 TONER PD
2020 FORD TRANSIT CARGO VAN T-350
MOP 45742. LAUNDRY SERVICES / PARKS
RANGE USE / PD
RIVERA VEST / PD
REF#119103
MOP 24302 PRINTING PD
MOP 20468 SUPPLIES PD
OFFICE SUPPLIES
MONITORS / PD
INV 468810. LAB SUPPLIES / PD
LITTLE PATRIOTS CAMP APPAREL
PARS DEFINED BENEFIT CONV PLAN FOR MINH
EMPLOYEE ASSISTANCE PROGRAM - AUGUST
MOP 45714 GENERAL SUPPLIES-PW
FOOD AS NEEDED FOR NUTRITION CENTER FY
FOR FOOD AS NEEDED FOR NUTRITION CENTER
REIM DIVERSIONARY DEVICE TRAINING / PD
GRANT SERVICES - ENG/PW
AT&T SBC ANNUAL PHONE SERVICE FOR FY22
AT&T SBC ANNUAL PHONE SERVICE FOR FY22
BACKGROUND SEARCH/HIRERIGHT SIMONS RYAN
CITYWORKS PLL/AMS IMPLEMENTATION
TRAINING REIM FIREARMS INSTRUCTOR COURSE
TRAINING REIM SOCIAL MEDIA & OPEN SOURCE
SWEETWATER ROAD - ENG/PW
MOP 80331 AUTO SUPPLIES - PW
COX DATA VIDEO SERVICES FOR FY22
TRAINING REIM STANDARDIZED FIELD / PD
TIRES FOR CITY FLEET FOR FY 2022
MAINTENANCE AND SERVICE TO BASE / FIRE
DELL OPTIPLEX 3080 MICRO
CIP 21-14 NC STORM WATER SERVICES
ENTERPRISE FLEET LEASE - ENG/PW
COMPLIANCE WORK - ENG/PW
BUILDING SUPPLIES AND EQUIPMENT FY 22
HOUSING SOFTWARE AND ASSISTANT CONNECT
PROFESSIONAL SERVICES - ENG/PW
TRAINING REIM PRINCIPLED POLICING / PD
GENERAL SUPPLIES AS NEEDED FOR BUILDING
IBM MQ PVU D55V2LL
CIP 19-19 ROOSEVELT SMART GROWTH - ENG/PW
PARKING MANAGEMENT - ENG/PW
CHK NO
354173
354174
354175
354176
354177
354178
354179
354180
354181
354182
354183
354184
354185
354186
354187
354188
354189
354190
354191
354192
354193
354194
354195
354196
354197
354198
354199
354200
354201
354202
354203
354204
354205
354206
354207
354208
354209
354210
354211
354212
354213
354214
354215
354216
354217
354218
354219
354220
DATE
8/10/21
8/10/21
8/10/21
8/10/21
8/10/21
8/10/21
8/10/21
8/10/21
8/10/21
8/10/21
8/10/21
8/10/21
8/10/21
8/10/21
8/10/21
8/10/21
8/10/21
8/10/21
8/10/21
8/10/21
8/10/21
8/10/21
8/10/21
8/10/21
8/10/21
8/10/21
8/10/21
8/10/21
8/10/21
8/10/21
8/10/21
8/10/21
8/10/21
8/10/21
8/10/21
8/10/21
8/10/21
8/10/21
8/10/21
8/10/21
8/10/21
8/10/21
8/10/21
8/10/21
8/10/21
8/10/21
8/10/21
8/10/21
AMOUNT
11,181.15
182.53
66.30
560.00
27.72
504.29
138, 317.62
108.60
600.00
1,781.34
354.10
61.85
473.75
269.90
5,309.70
7,624.16
1,035.06
47,495.09
1,002.40
332.30
1,909.68
532.81
84.16
7,493.63
2,128.97
782.22
369.46
52, 500.00
424.85
325.30
6,397.07
508.68
537.77
87.48
8,045.47
549.00
14,611.26
12,499.95
16,016.05
471.95
1,299.10
29,966.06
1,206.50
188.95
1,506.21
6,523.02
40,987.00
2,756.52
1/3
176 of 271
PAYEE
JANI-KING OF CALIFORNIA INC
JJJ ENTERPRISES
KIMLEY HORN
KREISBERG LAW FIRM
L N CURTIS & SONS
LASER SAVER INC
MAINTEX INC
MARCELO, MARK
MARQUEZ, MARIO
MC CLURE JR
MEGA OUTDOOR ENTERTAINMENT
MTS
NATIONAL CITY MOTORCYCLES
NATIONAL CITY TROPHY
NETFILE, INC.
NV5 INC
OFFICE SOLUTIONS BUSINESS
O'REILLY AUTO PARTS
PADRE JANITORIAL SUPPLIES
PARTS AUTHORITY METRO LLC
POWERSTRIDE BATTERY CO INC
PRO BUILD COMPANY
PROJECT PROFESSIONALS CORP
PRUDENTIAL OVERALL SUPPLY
RANDALL LAMB ASSOCIATES INC
SAKAMOTO
SAN DIEGO MIRAMAR COLLEGE
SITEONE LANDSCAPE SUPPLY LLC
SMART SOURCE OF CALIFORNIA LLC
STAPLES BUSINESS ADVANTAGE
STC TRAFFIC
SULLIVAN
SUPERIOR READY MIX
SWANK MOTION PICTURES INC
SWEETWATER AUTHORITY
SYSCO SAN DIEGO INC
SYSCO SAN DIEGO INC
TESSITORE, JOHN
TRANS-LANG
TRI-GROUP CONSTRUCTION AND DEV
U S BANK
UNDERGROUND SERVICE ALERT
UNITED ROTARY BRUSH CORP
VALLEY INDUSTRIAL SPECIALTIES
VAZQUEZ
VERIZON WIRELESS
WETMORES
WHILLOCK CONTRACTING
_`4+ CALIFORNIA
N,, .,.O __L Citrivc
ZNCORPORAT
WARRANT REGISTER # 6
8/10/2021
DESCRIPTION
MONTHLY CONTRACT FOR JULY
FIRE AND SECURITY ALARM MONITORING
ROOSEVELT PSE SMART GROWTH - ENG/PW
JULY INVOICE / LEGAL SVCS
335013 CMC, 13 MM CLUTCH / FIRE
MOP 45725 OFFICE SUPPLIES - PW
CITYWIDE JANITORIAL SUPPLIES, PARTS / PW
CITATION REFUNDS - JULY 2021
CITATION REFUNDS - JULY 2021
TRAINING REIM SOCIAL MEDIA & OPEN SOURCE
NAT CITY MOVIE NIGHT SCREEN RENTAL
MTS FLAGGING SVC / NSD
EMERGENCY VEHICLE REPAIR
MOP 66556 OFFICE SUPPLIES - PW
NETFILE CAMPAIGN DISCLOSURE AND FORM
2021 SEWER USER SURVEY AND TAX ROLL - ENG
OFFICE SUPPLIES
MOP 75877 AUTO SUPPLIES - PW
CONSUMABLES / NUTRITION
MOP 75943 AUTO SUPPLIES - PW
AUTO BATTERIES TO REPLENISH STOCK
MOP 45707 GENERAL SUPPLIES - PW
CIP 19-08 FIBER OPTIC TS INTERCONNECT HS
MOP 45742 LAUNDRY SERVICES - PW
CIP 20-07 CAMACHO REC CENTER HVAC REPLAC
TRAINING REIM PRINCIPLED POLICING / PD
TRAINING TUITION FOR ROT
MOP 69277 LANDSCAPE SUPPLIES - PW
MOP 63845 GENERAL SUPPLIES - PW
OFFICE SUPPLIES / PD
TS COMM UPGRADE CONST SUPP- ENG/PW
TRAINING REIM PRINCIPLED POLICING-PD
ASPHALT, TACK 3/8 SHEET FOR FY 2022
NAT CITY SEPTEMBER MOVIE LICENSING
WATER UTILITIES FOR FACILITIES FY 2021
FOOD / NUTRITION CENTER
FOOD / NUTRITION CENTER
BOND DEPOSIT REFUND FOR 1940 MCKINLEY AVE
TRANSLATION - INTERPRETER SERVICES - CC
CIP 19-19 ROOSEVELT SMART GROWTH - ENG/PW
CREDIT CARD EXPENSES / CMO
UNDERGROUND SERVICE ALERT FY 2022
STREET SWEEPER REPAIRS AND MAINTENANCE
MOP 46453 BUILDING SUPPLIES - PW
CITATION REFUNDS - JULY 2021
VERIZON CELLULAR SERVICES FOR FY22
MOP 80333 AUTO SUPPLIES - PW
CIP 18-07 PARADISE CREEK PARK SITE REMED
CHK NO
354221
354222
354223
354224
354225
354226
354227
354228
354229
354230
354231
354232
354233
354234
354235
354236
354237
354238
354239
354240
354241
354242
354243
354244
354245
354246
354247
354248
354249
354250
354251
354252
354253
354254
354255
354256
354257
354258
354259
354260
354261
354262
354263
354264
354265
354266
354267
354268
DATE
8/10/21
8/10/21
8/10/21
8/10/21
8/10/21
8/10/21
8/10/21
8/10/21
8/10/21
8/10/21
8/10/21
8/10/21
8/10/21
8/10/21
8/10/21
8/10/21
8/10/21
8/10/21
8/10/21
8/10/21
8/10/21
8/10/21
8/10/21
8/10/21
8/10/21
8/10/21
8/10/21
8/10/21
8/10/21
8/10/21
8/10/21
8/10/21
8/10/21
8/10/21
8/10/21
8/10/21
8/10/21
8/10/21
8/10/21
8/10/21
8/10/21
8/10/21
8/10/21
8/10/21
8/10/21
8/10/21
8/10/21
8/10/21
AMOUNT
3,650.77
1,625.00
5,810.00
4,000.00
2,560.84
1,200.01
1,091.57
60.00
35.00
310.30
2,600.00
168.12
3,542.83
65.09
6,300.00
16, 712.50
52.20
128.46
679.25
318.70
3,573.91
3,418.74
23,926.99
1,204.09
453.75
266.88
115.00
1,258.06
47.85
568.55
34,423.98
185.34
442.64
435.00
20,485.10
1,726.46
3,803.26
5,000.00
1,219.75
281,987.61
5,522.14
427.78
1,693.37
453.59
50.00
6,884.81
390.48
141,891.95
2/3
177 of 271
1 if
`+ CALIFRN�,
ZNCORFORAT
WARRANT REGISTER # 6
8/10/2021
PAYEE DESCRIPTION CHK NO DATE AMOUNT
WILLY'S ELECTRONIC SUPPLY MOP 45763 ELECTRIC SUPPLIES - PW 354269 8/10/21 42.98
PAYROLL
Pay period Start Date
15 7/13/2021
End Date
7/26/2021
Check Date
8/4/2021
A/P Total 1,020,807.68
1,245,169.61
GRAND TOTAL $ 2,265,977.29
3/3
178 of 271
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 21St OF SEPTEMBER, 2021.
AYES
NAYS
ABSENT
179 of 271
The following page(s) contain the backup material for Agenda Item: Warrant Register #7 for
the period of 8/11/21 through 8/17/21 in the amount of $976,085.85. (Finance)
Please scroll down to view the backup material.
180 of 271
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: September 21, 2021 AGENDA ITEM NO.:
ITEM TITLE:
Warrant Register #7 for the period of 8/11/21 through 8/17/21 in the amount of $976,085.85. (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 8/11/21 - 8/17/21.
Consistent with Department of Finance's practice, listed below are all payments above $50,000.
Vendor Check/Wire Amount Explanation
Chen Ryan Associates Inc 354283 54,669.46 CIP19-20 Sweetwater Road
Eagle Paving Company 354294 85,435.26 CIP19-12 Sweetwater Rd Enhance
Health Net Inc 354303 185,179.73 Grp#R1192A — July 2021 HN Ins
SDG&E 354326 80,113.39 Gas & Electric Utilities for Facilities
Paradise Creek II Housing 30699 200,000.00 Cost for Site Remediation Incurred
FINANCIAL STATEMENT:
ACCOUNT NO.
Warrant total $976,085.85.
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 $976,085.85.
BOARD / COMMISSION RECOMMENDATION:
ATTACHMENTS:
Warrant Register # 7
181 of 271
1 if
_+ CALIFORNI,r
,�L L crr
PAYEE
24 HOUR ELEVATOR INC
AK & COMPANY
ALDEMCO
ALL FRESH PRODUCTS
AMAZON
AT&T
ATLAS TECHNICAL CONSULTANTS
AZTEC APPLIANCE INC
BAKER ELECTRIC INC
CAPF
CALIFORNIA LAW ENFORCEMENT
CANON SOLUTIONS AMERICA INC.
CHEN RYAN ASSOCIATES INC
CITY ATTORNEYS ASSOCIATION
CITY OF NATIONAL CITY
CONCENTRA MEDICAL CENTERS
COX COMMUNICATIONS
CYBRARYN SOLUTIONS
DCS TESTING & EQUIPMENT INC
DE LAGE LANDEN
DEPT OF INDUSTRIAL RELATIONS
D-MAX ENGINEERING INC
D-MAX ENGINEERING INC
EAGLE PAVING COMPANY INC
ENTENMANN ROVIN CO
FBI NATIONAL ACADEMY
GARCIA
GEOSYNTEC CONSULTANTS INC
GONZALES
GRAINGER
HDR ENGINEERING, INC.
HEALTH NET
HEALTH NET INC
HEALTH NET INC
HIRSH
HOME DEPOT CREDIT SERVICES
KNOX SERVICES
KTUA
LIEBERT CASSIDY WHITMORE
LOPEZ
MASON'S SAW &
MC CLURE JR
MUNICIPAL MAINTENANCE EQUIP
NV5 INC
OFFICE SOLUTIONS BUSINESS
ORANGE COUNTY SHERIFF'S T D
PECK
PRO BUILD COMPANY
ZNCORPORAT
WARRANT REGISTER # 7
8/17/2021
DESCRIPTION
CITY WIDE ELEVATOR SERVICE AND REPAIRS
PROFESSIONAL CONSULTING SVCS - FINANCE
FOOD AS NEEDED FOR NUTRITION CENTER FY
FOR FOOD AS NEEDED FOR NUTRITION CENTER
3 COLERS & 50 PCS REUSABLE ICE PACK SHEE
AT&T SBC ANNUAL PHONE SERVICE FOR FY22
ROOSEVELT SMART GROWTH - ENG/PW
CITYWIDE APPLIANCE PURCHASES FOR FY 2022
CIP 19-15 CITYWIDE SAFETY LIGHTING ENHAN
AUGUST 2021 - FIRE LTD
AUGUST 2021 - PD LTD
PLOTWAVE PW345 SUPPLY TONER - ENG/PW
CIP 19-20 SWEETWATER ROAD - ENG/PW
CAASD MEMBERSHIP/CAO
PETTY CASH REPLENISHMENT - JUNE 2021
HEP B VACCINE
COX DATA VIDEO SERVICES FOR FY22
CYBRARYAN ANNUAL SUPPORT 8/1/21 -
ANNUAL HOSE & LADDER TESTING FY 21/FIRE
LEASE 20 SHARP COPIERS FOR FY21.
ELEVATOR INSPECTION FEE CITY FACILITIES
CIP 21-14 NC STORM WAER SERVICES FY 20-2
2142 G AVE - T&A 90526
CIP 19-12 SWEETWATER ROAD ENHANCEMENTS -
ITEM 243-11017-5--NC DOME BADGE/FIRE
TRAINING TUITION FBI A HERNANDEZ
EDICATIONAL REIMBURSEMENT
HAZARDOUS MATERIALS MANAGEMENT
TRAINING ADV SUB POST FTO
MOP 65179 GENERAL SUPPLIES - PW
PROFESSIONAL SERVICES - SEWER UPSIZING
GRP #R1192R - AUGUST 2021 HEALTH NET - D
GRP #R1192A - JULY 2021 HEALTH NET INSURRANCE
GRP #57135A - AUGUST 2021
TRAINING POST ADV SUB FTO
GENERAL SUPPLIES NEEDED FOR PARKS
KNOX ATTORNEY SERVICES/ CAO
CIP 19-44 8TH ST AND ROOSEVELT AVE CALTR
CLIENT/MATTER #NA040-00001
TRAINING REIM ACTIVE SHOOTER RESPONSE / PD
MOP 45729 EQUIPMENT SUPPLIES AND REPAIR
TRAINING ADV SUB FTO
FILTER & GEAR OIL FOR STR SWEEPER
2021 SEWER USER SURVEY AND TAX ROLL - ENG
MOP 83778. OFFICE SUPPLIES/ FINANCE
TRAINING TUITION FTO / PD
TRAINING ADV SUB FTO
MOP 45707 GENERAL SUPPLIES - PW
CHK NO DATE AMOUNT
354270 8/17/21 5,081.20
354271 8/17/21 3,500.00
354272 8/17/21 1,368.96
354273 8/17/21 459.95
354274 8/17/21 256.49
354275 8/17/21 10,821.41
354276 8/17/21 3,425.75
354277 8/17/21 2,584.92
354278 8/17/21 5,708.91
354279 8/17/21 1,121.00
354280 8/17/21 2,082.50
354282 8/17/21 2,272.46
354283 8/17/21 54,669.46
354284 8/17/21 600.00
354285 8/17/21 512.16
354286 8/17/21 94.00
354287 8/17/21 2,163.34
354288 8/17/21 1,219.75
354289 8/17/21 3,939.95
354290 8/17/21 2,939.63
354291 8/17/21 675.00
354292 8/17/21 23,783.63
354293 8/17/21 1,430.90
354294 8/17/21 85,435.26
354295 8/17/21 368.49
354296 8/17/21 495.00
354297 8/17/21 1,665.00
354298 8/17/21 3,448.90
354299 8/17/21 753.48
354300 8/17/21 338.96
354301 8/17/21 1,225.00
354302 8/17/21 8,174.48
354303 8/17/21 185,179.43
354304 8/17/21 1,252.13
354305 8/17/21 753.48
354306 8/17/21 831.90
354307 8/17/21 112.50
354308 8/17/21 14,149.20
354309 8/17/21 4,610.50
354310 8/17/21 343.32
354311 8/17/21 892.90
354312 8/17/21 753.48
354313 8/17/21 625.69
354314 8/17/21 27,227.77
354315 8/17/21 105.67
354316 8/17/21 520.00
354317 8/17/21 753.48
354318 8/17/21 2,674.29
1/2
182 of 271
PAYEE
PROFESSIONAL SEARCH GROUP LLC
PRUDENTIAL OVERALL SUPPLY
QUESTYS SOLUTIONS
RANDALL LAMB ASSOCIATES INC
RELIANCE STANDARD
RYAN
SAN DIEGO UNION TRIBUNE
SDG&E
SEAPORT MEAT COMPANY
SITEONE LANDSCAPE SUPPLY LLC
STAPLES BUSINESS ADVANTAGE
STAPLES BUSINESS ADVANTAGE
STORMWIND LLC
SUPERIOR READY MIX
SWEETWATER AUTHORITY
SYSCO SAN DIEGO INC
THE LINCOLN NATIONAL LIFE INS
THE PUN GROUP LLP
THE REGENTS OF THE UNIVERSITY
THE SHERWIN WILLIAMS CO
TURF STAR INC
U S BANK
VALDIVIA-OCHOA
VALLEY INDUSTRIAL SPECIALTIES
VISION SERVICE PLAN
WAXIE SANITARY SUPPLY
WEST COAST ARBORISTS
WEST COAST ARBORISTS INC
WETMORES
WSP USA INC
WIRED PAYMENTS
PARADISE CREEK II HOUSING PART
ARCO BUSINESS SOLUTIONS
SECTION 8 HAPS
1 if
_+ CALIFORNI,r
NAT .ONAL Cirr
ZNCORPQRAT
WARRANT REGISTER # 7
8/17/2021
DESCRIPTION
TEMP SVCS - CATHERINE BAUTISTA
UNIFORM CLEANING SERVICE / NUTRITION
QUESTYS ANNUAL RENEWAL 7/21 -6/22
CIVIC CENTER SERVER ROOM - ENG/PW
JUNE 2021 - GRP VAI826233, VCI801146
REIMB / DOJ BACKGROUND CHECK
NOTICE INVITING BIDS - CAMACHO REC CTR
GAS AND ELECTRIC UTILITIES FOR FACILITIES
FOOD / NUTRITION CENTER
MOP 69277 LANDSCAPE SUPPLIES - PW
OFFICE SUPPLIES
MOP 45704 OFFICE SUPPLIES - PW
STORMWIND IT TRAINING ULTIMATE ACCESS
ASPHALT, TACK 3/8 SHEET
WATER BILL FOR FACILITIES FY 2022
FOR FOOD AS NEEDED FOR NUTRITION CENTER
GRP#415491 - AUGUST 2021 LIFE, AD&D, STD
CITY AUDIT YR END JUNE 30 2021
CID#N62254911 DIGITIZATION SERVICES
MOP 77816 PAINTING SUPPLIES - PW
MOWER DECK PARTS
TRAINING CREDIT CARD
OFFICE SUPPLIES
BODY GLOVE FULL FLOW WATER FILTER
JULY 2021 - VISION SERVICE PLAN (CA) STM
MISCELLANEOUS JANITORIAL SUPPLIES,
ONGOING TREE TRIMMING SERVICE AS NEEDED
21-24 CALFIRE GRANT PLANTING - ENG/PW
BRAKE PARTS FOR SEWER FLUSHER
NAT CITY BIKE MASTER PLAN
COST FOR SITE REMEDIATION INCURRED
FUEL FOR CITY FLEET FY 22
Start Date
8/11/2021
End Date
8/17/2021
GRAND TOTAL
CHK NO DATE AMOUNT
354319 8/17/21 6,160.66
354320 8/17/21 137.09
354321 8/17/21 20,453.00
354322 8/17/21 17,545.00
354323 8/17/21 4,387.96
354324 8/17/21 57.00
354325 8/17/21 664.80
354326 8/17/21 80,113.39
354327 8/17/21 561.95
354328 8/17/21 694.37
354329 8/17/21 291.36
354330 8/17/21 468.75
354331 8/17/21 5,960.00
354332 8/17/21 749.94
354333 8/17/21 10,559.82
354334 8/17/21 1,615.53
354335 8/17/21 9,836.96
354336 8/17/21 20,000.00
354337 8/17/21 29,468.00
354338 8/17/21 1,472.86
354339 8/17/21 358.19
354340 8/17/21 7,248.46
354341 8/17/21 58.47
354342 8/17/21 648.69
354343 8/17/21 1,350.43
354344 8/17/21 3,960.05
354345 8/17/21 24,647.00
354346 8/17/21 10,500.00
354347 8/17/21 1,045.22
354348 8/17/21 1,920.09
A/P Total 736,336.72
30699 8/17/21 200,000.00
40375 8/11/21 38,691.13
1,058.00
$ 976,085.85
2/2
183 of 271
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 21St OF SEPTEMBER, 2021.
AYES
NAYS
ABSENT
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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 repealing
Chapter 11.52 (Bicycles) of the National City Municipal Code. (Applicant: City -Initiated)
(Case File 2021-03 A) (Planning)
Please scroll down to view the backup material.
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CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: September 21, 2021
AGENDA ITEM NO.
ITEM TITLE:
Public Hearing and Introduction of an Ordinance of the City Council of the City of National City repealing
Chapter 11.52 (Bicycles) of the National City Municipal Code. (Applicant City-Initiated)(Case File 2021-03 A)
PREPARED BY: Martin Reeder, AICP
PHONE: 619-336-4313
EXPLANATION:
In 1972 the City Council adopted an Ordinance adding Chapter 11.52 to Title 11 of the National City Municipal
Code (NCMC) to require licenses for bicycles in the City. The individual adopted license fees were $1.40 for
registration, $1.00 for transfer of ownership, and $0.50 for a replacement license. The purpose of the
Ordinance was to deter bicycle theft and establish violations. Since adoption of the Ordinance, licenses were
issued by the National City Police Department (NCPD); however, licenses have not been issued since the
mid-1990s. Bicycle registration and licensing is Tess efficient than the use of serial numbers for the purposes
of theft deterrence and the penalties for violations in the Ordinance are onerous, ranging from misdemeanor
to impounding a bicycle. Many cities have repealed their bicycle license requirements, including San Diego
in 2013 and Chula Vista in 2019 in an effort to become more bicycle -friendly. Repealing Chapter 11.52 will
have no fiscal impact on the City since no fees are collected. NCPD is supportive of the repeal.
DEPARTMENT: Comrnu •-velopment
APPROVED BY:
Director of Communit elopment
FINANCIAL STATEMENT:
ACCOUNT NO.
ENVIRONMENTAL REVIEW:
Not a project per the California Environmental Quality Act.
ORDINANCE: INTRODUCTION:
FINAL ADOPTION
APPROVED:
APPROVED:
STAFF RECOMMENDATION:
Repeal NCMC Chapter 11.52 (Bicycles)
BOARD 1 COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
1. Existing Chapter 11.52 (Bicycles)
2. Public Hearing Notice
3. Ordinance
Finance
MIS
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Chapter 11.52 - BICYCLES
Sections:
11.5 .010 - Bicycle defined.
A "bicycle" is any device upon which a person may ride, which is propelled by human power through the
assistance of belts, chains or gears and which has wheels at least twenty inches in diameter and a frame
size of at least fourteen inches.
(Ord. 1457 § 1, 1 75: Ord. 1 (part), 1972)
11.5 ,0 0 - License Required.
It is unlawful for any person to operate or use a bicycle upon any of the streets, alleys or highways in the
city without first obtaining a license therefor.
(Ord. 1298 (part), 1972)
11,5.00 - License —issuance —Term —Effect.
The city is authorized and directed to issue, upon written application, a bicycle License which shall be
effective during the period of time such licensee retains title to such bicycle, but, in no event longer than ten
years, which license when issued entitles the licensee to operate such bicycle upon the streets, alleys and
public highways in the city in accordance with traffic regulations.
(Ord. 1 (part), 1972)
)
11.52.040 - License —Plates —Records.
A. The city shall obtain Licenses from the California Department of Motor Vehicles in accordance
with Vehicle Code Section 39001.
B. The metallic license plates or seals and registration cards shall have numbers stamped thereon.
C. such metallic license plates or seals shall be stamped in numerical order and the letters N.C.P.D.
stamped thereon.
D. Metallic license plates or seals shall be suitable for attachment upon the frames of bicycles.
E. One metallic license plate or seal shall be attached to the frame of each bicycle, and a
corresponding registration card shall be issued to the Licensee upon payment of the license fees
herein provided.
F. The metallic license plate or seal shall remain attached during the existence of such license.
G. The chief of police shall keep a record of the date of issue of each license, to whom issued, and
ATTACHMENT 1
1
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the number thereof.
(Ord. 1457§ 2, 1975; Ord. 1298 (part), 1 7)
11..00 - License —Tampering prohibited.
A. It is unlawful for any person to wilfully or maliciously remove, destroy, mutilate or alter the
numbers of any bicycle frame licensed pursuant to this chapter.
B. It is unlawful for any person to remove, destroy, mutilate or alter any license plate, seal or
registration card during the time in which such license plate is operative,
C. Nothing in this chapter shall prohibit the stamping of numbers on the frame of bicycles on which
no serial cumber can be found, or on which said number is illegible or insufficient for
identification purposes.
(Ord. 1298 (part), 1972)
11..00 License -Fees.
A. The license fee to be paid for registration and licensing of a bicycle shall be one dollar and forty
cents.
C. For registration and licensing when there is a transfer of ownership, the new owner shall pay one
dollar,-
C. For lost or destroyed license plate or seal a new number shall be issued for which the owner shall
pay fifty cents.
D. Al! fees shall be paid in advance,
(Ord. 1374 § 1, 1973; Ord, 1298 (part), 1972)
11..01 - License Fees Revenues.
AID revenues from license fees shall .be retained in a special fund established by the city to be used for the
purpose of administering the city's bicycle licensing program, improving bicycle safety programs in the city
and establishing bicycle facilities in .the city.
(Ord, 1457 3, 1975: Ord. 1298 (part), 1972)
11.52.070 - Transfer of ownership -Report.
It is the duty of every person who sells or transfers ownership on any bicycle, to report such sale or
transfer by returning to the chief of police the registration card issued to such person as licensee thereof,
together with the name and address of the person to whom said bicycle was sold, or transferred, and such
report shall be made within five days of the date of said sale or transfer.
(Ord. 1298 (part), 1972)
2
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11.5 .o o- Transferofownership—Registration.
It is the duty of the purchaser or transferee of such bicycle to apply for a transfer of registration therefor,
within five days of said sale or transfer.
(Ord. 1298 (part), 1972)
11..5 .0 0 - Sales —Retail secondhand.
Every person engaged in the business of buying or selling of new or secondhand bicycles in the city shall
file with the chief of police a monthly report, giving:
A. The name and address of the person from whom or to whom a bicycle is purchased or sold;
B. The description thereof;
C. The frame number theref, and
D. The number of the license plate, if any, attached to said bicycle.
(Ord. 1298 (part), 1972)
11. .100 - Traffic regulations.
A. It is unlawful for any person to ride a bicycle upon a sidewalk within am business or residence
district of the city, with the exception herein stated.
B. The council may, by resolution duly adopted, authorize the riding of bicycles on the sidewalks of
such residential districts or area with such limitations as to hours and specific purposes as they
may deem proper.
C. It is a misdemeanor for any person to violate any of the terms or provisions ofthis chapter or to
use a bicycle in and upon any street, alley, park or other public place in this city, or upon any path
or lane set aside for the exclusive use of bicycles within this city, without complying in all respects
with the terms and provisions of this chapter.
D. It is a misdemeanor for any parent or guardian of any child or of anyone who has the custody or
control of any child in this city to knowingly permit such child to use a bicycle in this city in
violation of the terms and provisions ofthis chapter.
(Ord. 1 (part), 1972)
11. .110 - Violation Penalties.
A. Every person convicted of a violation of any provisions of this chapter is guilty of an infraction
and is punishable as prescribed in Section 1.20,010 or by removal or suspension of the license to
operate a bicycle within this city for a period not to exceed thirty days, or by impounding the
3
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bicycle of the person convicted for a period not to exceed thirty days, or by any or all said
penalties or any combination thereof.
B. The chief of police shall also have authority, in the event that any juvenile or person under the
age of twenty-one years is found violating any provision of this chapter to take and impound the
bicycle of such juvenile or minor so found violating such chapter, and to hold the same for a
period not to exceed thirty days, during which said time the chief of police shall notify the parents
or guardian or other person having the custody and control of said juvenile or minor of such
offense,
(Ord. 1621, 1978; Ord. 1 (part), 1 ; Ord. 1 (part), 1972)
4
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NO ICE OF PUBLIC HEARING
NUNCE IS HEREBY GIVEN that the City Council of the City of National City
will hold a Public Hearing after the hour of 6:00 p.m., Tuesday, September 21,
2021, via LIVE WEBCAST from the City Council Chambers, Civic Center, 1243
National City Blvd., National City, CA., to consider:
INTRODUCTION OF AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CH REPEAJNIG CHAPTER 11.5 (BICYCLES)
OF HE NATIONAL CITY MUNICIPAL CODE.
Due to the precautions taken to combat the spread of coronavirus (COVID-
19), the City Council Chambers, are dosed to the public. Anyone interested in this
Public Hearing may view the City Council Meeting on the City's webpage at
http :IIwww.nationalcityca.q viwebca t
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,q•ov. 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 of
the City Council Meeting. For information on registering to speak or on submitting
written comments, please visit the City Clerk's webpage a.t
http ://w rw nationaicityca.govlgovernr ar lcl cler /public-comran ents.
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, September 10, 2021.
ATTACHMENT
5
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The following page(s) contain the backup material for Agenda Item: Resolution of the City
Council of the City of National City, 1) Accepting the Community Choice Aggregation
(CCA) comparison and recommendation memo, and; 2) directing staff to return to Council
with a CCA ordinance and Joint Powers Agency agreement with San Diego Community
Power at the earliest possible council meeting. (Engineering/Public Works)
Please scroll down to view the backup material.
192 of 271
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: September 21, 2021
AGENDA ITEM NO.
ITEM TITLE:
Resolution of the City Council of the City of National City, 1) Accepting the Community Choice Aggregation (CCA)
comparison and recommendation memo, and; 2) directing staff to return to Council with a CCA ordinance and Joint
Powers Agency agreement with San Diego Community Power at the earliest possible council meeting.
Roberto Yano, Director of Public Works /
PREPARED BY: City Engineer DEPARTMENT: Engineerin Public Works
PHONE: 619-336-4383 APPROVED BY:
EXPLANATION:
See attached.
FINANCIAL STATEMENT:
ACCOUNT NO.
N/A
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED:
APPROVED:
Finance
MIS
STAFF RECOMMENDATION:
Adopt the Resolution 1) Accepting the Community Choice Aggregation (CCA) comparison and recommendation memo,
and; 2) directing staff to return to Council with a CCA ordinance and Joint Powers Agency agreement with San Diego
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
1. Explanation
2. Resolution
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Explanation:
In 2019, staff presented a preliminary report on the feasibility of possible Community Choice Aggregation
(CCA) models and associated pros and cons with each one. Council gave staff direction to continue to monitor
the development of the County's CCA and return with an update.
The City's Climate Action Plan (CAP) is being updated now and should be presented to council before the end
of the calendar year. The CAP plan will outline the strategies to achieve the specific environmental targets
required by the state. Central to the updated CAP recommendations is the joining a CCA. Under a CCA,
residents and businesses then have the opportunity to choose who will purchase electricity on their behalf -
either the CCA or the incumbent utility. Under a CCA, residents and businesses can also select the renewable
content of their electricity. The pooling of purchasing power to buy or generate electricity gives customers the
choice of where to purchase their power. Choice, competition, and local control are the bedrock of CCA. The
incumbent utility remains a key partner in a CCA program as it continues to manage transmission and billing
services for CCA customers. Today, there are twenty-four CCAs operating throughout the State, serving more
than eleven million customers, including two CCAs in San Diego County — Clean Energy Alliance (CEA) and
San Diego Community Power (SDCP).
The SDCP is a Joint Power Agency (JPA) that was formed in September of 2019 and begun serving its first
customers in March of this year. Once fully launched, SDCP will be serving approximately 770,000 customer
accounts making it the second largest community choice program in California. SDCP' current participating
agencies are City of San Diego, Chula Vista, La Mesa, Encinitas, and Imperial Beach. The County of San
Diego recently also decided to join SDCP after many years of research and information gathering on their part.
CEA consists of the cities of Carlsbad, Del Mar, and Solana Beach. CE serves about 60,000 customer accounts.
Staff has reviewed the SDCP and CEA JPA agreements to evaluate issues of concern including, but not limited
to, governance structure, goals, priorities, local building efforts, and legislative and regulatory advocacy of
member agencies.
The attached memo dated September 9, 2021 (Attachment 1) compares the two CCAs in the County. The table
below is a summary of the comparison.
Topic
CEA
SDCP
Comments
Conclusion
Costs to Join
$50,000 to cover
costs for load data
analysis.
$30,000 to cover
costs for load data
analysis, to be
fronted by SDCP
$50,000 cost if
City joins CEA; no
cost if City joins
SDCP
SDCP better
Current Opt -Out
Rate
7%
2.34%
SDCP hasn't
launched
residential
customers yet
SDCP
currently better
Economies of scale
It is currently at the
lower end of size
for obtaining
competitive pricing
SDCP will
eventually be one
of the largest
CCAs in the State
which potentially
provides
advantages in
energy
procurement
SDCP is now the
second largest
CCA
SDCP
currently better
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City staff
requirements
No staff support
needed
No staff support
needed
Same for both
Substantially Equal
Customer rates
2.2% savings vs
SDG&E
1% savings vs
SDG&E but
includes 5% GHG
Free
Savings roughly
the same for both.
Substantially Equal
Same rates for new
members?
Yes, but PCIA will
be different
Yes, but PCIA will
be different
PCIA set in
vintage year (when
customers join)
Substantially Equal
Ifjoined, when
would City
customers start
service
Spring 2023
Spring 2023
Spring best time to
launch new
customers
Substantially Equal
CCA reserve status
Approximately
$8M, additional
needs would be
fmanced
Approximately
$70M, additional
needs would be
financed
Reserves
commensurate
with load size.
SDCP better
Lobbying ability
CALCCA
member and has
lobbying firm(s)
under contract
CALCCA member,
one fulltime
Legislative and
Reg. Affairs staff,
and has lobbying
firm(s) under
contract
Larger CCAs
possibly have more
resources,
including staff, to
support lobbying
efforts
SDCP better
JPA Voting
1 member = 1 vote
1 member = 1 vote
unless special
voting clause
enacted
SDCP weighted
vote allows
override of normal
vote with 2/3 based
on load profile;
San Diego capped
at 49%.
Substantially Equal
Future Programs
Programs
developed to align
with members load
profile
Programs approved
by JPA
With SDCP
Programs are not
based on load
SDCP better
In addition, staff found that both CCAs have similar provisions in the following areas of interest:
Areas of Interest
CEA
SDCP
Social equity
Inclusive and Sustainable Workforce
"Pursue purposeful and focused
Policy which applies to staff, supply chain,
procurement and business practices.
CEA's Bid Criteria Policy establishes
investment in communities of concern,
prioritization of local renewable power,
workforce development, and policies and
environmental stewardship and social
equity as criteria to be evaluated during the
programs centered on economic,
environmental, and social equity."
bid process.
Additionally, SDCP has an Inclusive and
Sustainable Workforce Policy that
supports outreach to communities of
concern for supply chain goods and
services and requires workforce
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reporting for project developers working
for SDCP
Environmental
stewardship
Three energy options, one of which is for
100% renewable power. CEA members
stated goal in their JPA is to reach 100%
renewable by 2035
Two energy options, one of which is for
100% renewable power. SDCP members
stated goal in their JPA is to reach 100%
renewable by 2035
Cost
Competitiveness
Currently, they have confirmed that their
lowest renewables content rate, which
includes 50% renewable, is at 2.2% below
SDG&E.
Currently, they have confirmed that
their lowest renewables content rate,
which includes 50% renewable and 5%
GHG free, is at 1% below SDG&E.
Prevailing Wage
CEAs Inclusive and Sustainable
Workforce policy encourages payment of
prevailing wages and a skilled and trained
workforce for Owned Generation and FIT
Projects and encourages prevailing wage.
.
The SDCP JPA states members seek to
demonstrate economic benefits to the
region with prevailing wage jobs, local
workforce development, and support a
stable, skilled and trained workforce
through a variety of means including the
use of neutrality agreements. Their
Inclusive and Sustainable Workforce
Policy requires contractors and
subcontractors to pay prevailing wages
on any SDCP Feed -in Tariff project.
Communities of
Concern
The policy directs broad outreach efforts
in diverse and disadvantaged communities,
with an emphasis on seeking local
contractors and businesses. While their
policies note they are union neutral, their
Bid Evaluation Criteria Policy provides
preference to local renewable energy
projects, creating new local jobs, and
utilizing approved CA apprenticeship
programs with fair compensation and
proper assignment of work to crafts that
traditionally perform the work
The policy is to "Promote suppliers and
workforce diversity, including returning
veterans and those from disadvantaged
and under -represented communities of
concern, to reflect the diversity of the
region." SDCP's Inclusive and
Sustainable Workforce policy supports
the use of "State of California approved
apprenticeship programs" and notes
SDCP will encourage construction
contractors working on FIT projects to
utilize local businesses, local
apprenticeship programs, fair
compensation practices including the
proper assignment of work to crafts that
traditionally perform the work, and the
use of a skilled and trained workforce.
General Fund Liability
CEA and SDCP both utilize a JPA governance structure that creates a governmental entity separate and distinct
from its member agencies, allowing members to be shielded from JPA debts and liabilities. The Joint Powers
Agreements for both CEA and SDCP further provide that: (1) debts, liabilities, and obligations of the Authority
(SDCP) shall not be the debts, liabilities, and obligations of any of the Parties (members) unless a party agrees
in writing to assume any of the debts, liabilities, and obligations of the Authority with the approval of its
Governing Body; (2) members are not required to make any financial contributions or payments to the JPA,
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except as may be required in connection with addition of a new member or withdrawal of a member under the
JPA; (3) the JPA must acquire insurance coverage as necessary to protect the interests of the members and
indemnify the members from liabilities arising from the JPA's activities. Consistent with industry standards,
both Joint Powers Agreements include provisions with respect to withdrawal or involuntary termination of
members that make the withdrawing or terminated member responsible for liability and costs in connection
with that member's participation and that member's withdrawal or termination.
Financial Analysis
SDCP and CEA are start-up CCAs with a short tenure of commercial operations. As such, neither CCA has a
long history of operational statistics or accumulated targeted cash reserves that the more mature CCAs enjoy.
However, both CCAs have lines of credit in place to handle immediate cash flow requirements. SDCP has a
$35M line of credit (LOC) from River City Bank, and CEA has a $6M LOC from JP Morgan (with authority
to increase up to $10M). SDCP also has a $5M agreement from a private third party to provide collateral
support to the River City Bank LOC.
Conclusion
Staff believes both CCAs are viable options but recommends SDCP because it is a quickly maturing CCA, with
12 permanent staff already in place as opposed to CEA using consultants. The larger number of accounts that
SDCP serves would spread fixed cost over a larger number therefore lowering costs to users. Additionally,
SDCP is already securing new long-term local renewables and storage, and will have significant cash reserves
in place when the City is projected to launch.
If the Council would like to join CCA SDCP, per Utilities Code Section 366.2(c)(12), Council will need to
adopt an ordinance electing to do so within its jurisdiction. This ordinance would automatically transfer all
SDGE accounts in the City to the CCA but would allow any account to opt out with minimal effort.
Staff is requesting direction to return to Council with a CCA ordinance and Joint Powers Agency agreement
with SDCP at the earliest possible council meeting.
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I/,
CALIFORNIA
NATIONAL Mir
an V
INCORPORATED
The City of National City
MEMORANDUM
DATE: September 9, 2021
TO: Brad Raulston, City Manager
FROM: Roberto Yano, Director of Public Works/City Engineer
SUBJECT: Recommendation to join San Diego Community Power (SDCP)
Community Choice Aggregation (CCA)
In 2019, staff presented a preliminary report on the feasibility of possible CCA models
and associated pros and cons with each one. Council gave staff direction to continue to
monitor the development of the County's CCA and return with an update. The City's
Climate Action Plan (CAP) is being updated now and should be presented to council
before the end of the calendar year. The CAP plan will outline the strategies to achieve
the specific environmental targets required by the state. Central to the updated CAP
recommendations is the joining a CCA. Under a CCA, residents and businesses then
have the opportunity to choose who will purchase electricity on their behalf - either the
CCA or the incumbent utility. Under a CCA, residents and businesses can also select
the renewable content of their electricity. The pooling of purchasing power to buy or
generate electricity gives customers the choice of where to purchase their power. Choice,
competition and local control are the bedrock of CCA. The incumbent utility remains a key
partner in a CCA program as it continues to manage transmission and billing services for
CCA customers. Today, there are twenty-four CCAs operating throughout the State,
serving more than eleven million customers, including two CCAs in San Diego County —
Clean Energy Alliance (CEA) and San Diego Community Power (SDCP).
Authorization to join a CCA could benefit city residents with competitive utility rates and
cost savings compared to the incumbent utility, San Diego Gas & Electric (SDGE), as well
as provide local control and more renewable power.
Engineering & Public Works Department
1243 National City Boulevard, National City, CA 91950-4301
619/336-4380 Fax 619/336-4397 www.nationalcityca.gov
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Since presenting staff has engaged in discussions with both CCAs and worked to
evaluate the City's options for joining the one of them. The results of these efforts are
summarized below:
MAKE-UP AND OPERATION
Clean Energy Alliance
CEA consists of the cities of Carlsbad, Del Mar, and Solana Beach and includes
about 60,000 customer accounts. CEA is governed via a Joint Powers Agreement
(JPA) between the member agencies and is currently at full service as of June
2021. Staffing consists of an interim CEO, three other interim staff, and a series of
consultants managing operations. CEA currently offers three energy options to its
customers, one at 50% renewable, a 50% renewable and 75% carbon free option,
and a 100% renewable option. Opt -out rates are at 7% at this time but not expected
to fluctuate much further as the CCE is fully launched. CEA plans to consider a
fulltime staffing plan in the fall of 2021.
San Diego Community Power
SDCP consists of the cities of San Diego, Chula Vista, Encinitas, La Mesa, and
Imperial Beach. SDCP is also governed via a JPA and currently operates with an
Interim CEO and 12 full time staff, along with a series of consultants. It is currently
serving all municipal, commercial, and industrial accounts, making up about 54%
of their total load profile. The remaining accounts which are all residential are
expected to be brought on board by May of 2022. Once in full operation, SDCP
expects to have 26 full-time staff, serve up to 770,000 accounts and be the 2nd
largest CCA in the State. Current opt -out rates are at 2.34%. SDCP offers two
energy options to its customers, one at 50% renewable and 5% GHG free and one
at 100% renewable. Recently the County of San Diego, with more than 188,000
accounts, voted to join SDCP.
ANALYSIS
1) Social equity and environmental stewardship
CEA's JPA document commits the CCA to addressing Climate Change by
reducing GHG Emissions. It also sets a minimum of 50% renewable energy,
increasing to 100% by 2035. Regarding social equity, CEA has an Inclusive and
Sustainable Workforce Policy which applies to staff, supply chain, procurement,
and business practices. Lastly, CEA's Bid Criteria Policy establishes
Engineering & Public Works Department
1243 National City Boulevard, National City, CA 91950-4301
619/336-4380 Fax 619/336-4397 www.nationalcityca.gov
199 of 271
environmental stewardship and social equity as criteria to be evaluated during the
bioprocess.
SDCP's JPA states an intent to "Develop an aggregate electric supply portfolio
with overall lower greenhouse gas (GHG) emissions than the Investor Owned
Utility (IOU), and one that supports near -term achievement of the Parties'
greenhouse gas reduction goals and renewable electricity goals," and to "Pursue
purposeful and focused investment in communities of concern, prioritization of
local renewable power, workforce development, and policies and programs
centered on economic, environmental, and social equity." Additionally, SDCP has
an Inclusive and Sustainable Workforce Policy that supports outreach to
communities of concern for supply chain goods and services and requires
workforce reporting for project developers working for SDCP.
2) Provide cost competitiveness compared to the incumbent utility
CEA's JPA establishes that they will seek electric generation rates which are
competitive with SDG&E, with a target to be 2% below SDG&E's base generation
rate. Currently, they have confirmed that their lowest renewables content rate,
which includes 50% renewable, is at 2.2% below SDG&E.
SDCP's JPA establishes that they will seek electric generation rates which are
lower or competitive with SDG&E. Currently, they have confirmed that their lowest
renewables content rate, which includes 50% renewable and 5% GHG free, is at
1 % below SDG&E.
3) Achievement of renewable electricity
Currently, CEA offers customers three energy options, one of which provides
100% renewable power. CEA members stated goal in their JPA is to reach 100%
renewable by 2035; however, City accounts can be switched to the 100% option
in 2030, or at any time.
Currently, SDCP offers customers two energy options, one of which is for 100%
renewable power. SDCP members stated goal in their JPA is to reach 100%
renewable by 2035; however, City accounts can be switched to the 100% option
in 2030, or at any time.
4) Prevailing Wage
CEAs Inclusive and Sustainable Workforce policy encourages payment of
prevailing wages and a skilled and trained workforce for Owned Generation and
FIT Projects and encourages prevailing wage.
Engineering & Public Works Department
1243 National City Boulevard, National City, CA 91950-4301
619/336-4380 Fax 619/336-4397 www.nationalcityca.gov
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The SDCP JPA states members seek to demonstrate economic benefits to the
region with prevailing wage jobs, local workforce development, and support a
stable, skilled and trained workforce through a variety of means including the use
of neutrality agreements. Their Inclusive and Sustainable Workforce Policy
requires contractors and subcontractors to pay prevailing wages on any SDCP
Feed -in Tariff project and "encourages the submission of information from
respondents" to PPA RFQ/RFP's regarding "planned efforts to" pay prevailing
wages. It also notes that the same "encourage" language used with respect to
PPA's may be adopted with respect to Owned Generation and Energy Efficiency
projects.
5) Encourage the development of an equitable jobs pipeline for individuals from
communities of concern
CEA's Inclusive and Sustainable Workforce Policy "...supports local jobs,
sustainable and inclusive workforce opportunities, local economic sustainability,
and diversity through contracting for power sources, procuring goods and services,
and implementing hiring initiatives where appropriate, without limiting fair and open
competition..." This policy directs broad outreach efforts in diverse and
disadvantaged communities, with an emphasis on seeking local contractors and
businesses. While their policies note they are union neutral, their Bid Evaluation
Criteria Policy provides preference to local renewable energy projects, creating
new local jobs, and utilizing approved CA apprenticeship programs with fair
compensation and proper assignment of work to crafts that traditionally perform
the work.
SDCP's JPA states, "To the extent authorized by law, support a stable, skilled, and
trained workforce through a variety of mechanisms, including neutrality
agreements, that are designed to ensure quality workmanship at fair and
competitive rates..." Also, "Promote suppliers and workforce diversity, including
returning veterans and those from disadvantaged and under -represented
communities of concern, to reflect the diversity of the region." SDCP's Inclusive
and Sustainable Workforce policy supports the use of "State of California approved
apprenticeship programs" and notes SDCP will encourage construction
contractors working on FIT projects to utilize local businesses, local apprenticeship
programs, fair compensation practices including the proper assignment of work to
crafts that traditionally perform the work, and the use of a skilled and trained
workforce.
6) General Fund Liability
CEA and SDCP both utilize a JPA governance structure that creates a
governmental entity separate and distinct from its member agencies, allowing
members to be shielded from JPA debts and liabilities. The Joint Powers
Engineering & Public Works Department
1243 National City Boulevard, National City, CA 91950-4301
619/336-4380 Fax 619/336-4397 www.nationalcityca.gov
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Agreements for both CEA and SDCP further provide that: (1) debts, liabilities, and
obligations of the Authority (SDCP) shall not be the debts, liabilities, and
obligations of any of the Parties (members) unless a party agrees in writing to
assume any of the debts, liabilities, and obligations of the Authority with the
approval of its Governing Body; (2) members are not required to make any
financial contributions or payments to the JPA, except as may be required in
connection with addition of a new member or withdrawal of a member under the
JPA; (3) the JPA must acquire insurance coverage as necessary to protect the
interests of the members and indemnify the members from liabilities arising from
the JPA's activities. Consistent with industry standards, both Joint Powers
Agreements include provisions with respect to withdrawal or involuntary
termination of members that make the withdrawing or terminated member
responsible for liability and costs in connection with that member's participation
and that member's withdrawal or termination.
7) Financial Analysis
SDCP and CEA are start-up CCAs with a short tenure of commercial operations.
As such, neither CCA has a long history of operational statistics or accumulated
targeted cash reserves that the more mature CCAs enjoy. However, both CCAs
have lines of credit in place to handle immediate cash flow requirements. SDCP
has a $35M line of credit (LOC) from River City Bank, and CEA has a $6M LOC
from JP Morgan (with authority to increase up to $10M). SDCP also has a $5M
agreement from a private third party to provide collateral support to the River City
Bank LOC.
8) Other Issues
Topic
CEA
SDCP
Comments
Conclusion
Costs to Join
$50,000 to
cover costs for
load data
analysis.
Repaid within 3
$30,000 to cover
costs for load data
analysis, only if City
doesn't join
$80,000 cost if City
joins CEA; no cost if
City joins SDCP
SDCP better
Current Opt-
Out Rate
7%
2.34%
SDCP hasn't
launched residential
SDCP
currently
Economies of
scale
It is currently at
the lower end ofeventually
size for
obtaining
competitive
pricing
SDCP will
be one of
the largest CCAs in
the State which
potentially provides
advantages in
SDCP is now the
second largest CCA
SDCP
currently
better
City staff
requirements
No staff support
needed
No staff support
needed
Same for both
Substantially
Equal
Engineering & Public Works Department
1243 National City Boulevard, National City, CA 91950-4301
619/336-4380 Fax 619/336-4397 www.nationalcityca.gov
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Customer rates
2.2% savings
vs SDG&E
1 % savings vs
SDG&E but
includes 5% GHG
Savings roughly the
same for both.
Substantially
Equal
Same rates for
new members?
Yes, but PCIA
will be different
Yes, but PCIA will
be different
PCIA set in vintage
year (when
Substantially
Equal
If joined, when
would City
customers start
service
Spring 2023
Spring 2023
Spring best time to
launch new
customers
Substantially
Equal
CCA reserve
status
Approximately
$8M, additional
needs would be
financed
Approximately
$70M, additional
needs would be
financed
Reserves
commensurate with
load size.
SDCP better
Lobbying abilityCALCCA
member and
has lobbying
firm(s) under
contract
CALCCA member,
one fulltime
Legislative and Reg.resources,
Affairs staff, and
has lobbying firm(s)
Larger CCAs
possibly have more
including
staff, to support
lobbying efforts
SDCP better
JPA Voting
1 member = 1
vote
1 member = 1 vote
unless special
voting clause
enacted
SDCP weighted vote
allows override of
normal vote with 2/3
based on load profile;
San Dieao capped at
Substantially
Equal
Future
Programs
Programs
developed to
align with
members load
profile
Programs approved
by JPA
With SDCP
Programs are not
based on load
SDCP better
Both CEA and SDCP appear to comply with the City's interest and appear to be well
organized and in good financial standing. However, SDCP is a quickly maturing CCA,
with 12 permanent staff already in place as opposed to CEA using consultants. The larger
number of accounts that SDCP serves would spread fixed cost over a larger number
therefore lowering costs to users. Additionally, SDCP is already securing new long-term
local renewables and storage, and will have significant cash reserves in place when the
City is projected to launch.
Engineering & Public Works Department
1243 National City Boulevard, National City, CA 91950-4301
619/336-4380 Fax 619/336-4397 www.nationalcityca.gov
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Clean Energy Alliance Joint Powers Agreement
Effective: November 4, 2019
Oct. 8, 2019
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Item #5 Page 10 of 4"
CLEAN ENERGY ALLIANCE JOINT POWERS AGREEMENT
This Joint Powers Agreement (the "Agreement"), effective as of 0lq , is made by the
Founding Members of the Clean Energy Alliance and entered into pursuant to the provisions of
Title 1, Division 7, Chapter 5, Article 1 (Section 6500 et seq.) of the California Government
Code relating to the joint exercise of powers among the public agencies set forth in Exhibit B.
RECITALS
1. The Parties are public agencies sharing various powers under California law, including
but not limited to the power to purchase, supply, and aggregate electricity for themselves
and their customers.
2. SB 350, adopted in 2015, mandates a reduction in greenhouse gas emissions to 40 percent
below 1990 levels by 2030 and to 80 percent below 1990 levels by 2050. In 2018, the
State Legislature adopted SB 100, which directs the Renewable Portfolio Standard to be
increased to 60% renewable by 2030 and establishes a policy for eligible renewable
energy resources and zero -carbon resources to supply 100 percent of electricity retail
sales to California end -use customers by 2045.
3. The purposes for the Founding Members (as such term is defined in Exhibit A) entering
into this Agreement include procuring/developing electrical energy for customers in
participating jurisdictions, addressing climate change by reducing energy -related
greenhouse gas emissions, promoting electrical rate price stability and cost savings, and
fostering consumer choice and local economic benefits such as job creation, local energy
programs and local power development. It is the intent of this Agreement to promote the
development and use of a wide range of renewable energy sources and energy efficiency
programs, including but not limited to state, regional, and local solar and wind energy
production and energy storage.
4. The Parties to this Agreement desire to establish a separate public agency, known as the
Clean Energy Alliance ("Authority"), under the provisions of the Joint Exercise of
Powers Act of the State of California (Government Code Section 6500 et seq.) ("Act") in
order to collectively study, promote, develop, conduct, operate, and manage energy
programs.
5. The Founding Members have each adopted an ordinance electing to implement through
the Authority a Community Choice Aggregation program pursuant to California Public
Utilities Code Section 366.2 ("CCA Program"). The first priority of the Authority will be
the consideration of those actions necessary to implement the CCA Program on behalf of
participating jurisdictions.
6. By establishing the Authority, the Parties seek to:
(a) Provide electricity service to residents and businesses located within the
jurisdictional boundaries of the public agencies that are members of the Authority in
a responsible, reliable, innovative, and efficient manner;
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Item #5 Page 11 of 4-
(b) Provide electric generation rates to all ratepayers that are competitive with those
offered by the Investor Owned Utility, San Diego Gas & Electric (SDG&E), for
similar products with a target generation rate at least 2 percent below SDG&E's base
product generation rate;
(c) Offer a mix of energy products for standard commodity electric service that provide
a cleaner power portfolio than that offered by SDG&E for similar service and other
options, including a 90 percent and a 100 percent renewable content options in
which communities and customers may "opt -up" and voluntarily participate, with the
ultimate objective of achieving— and sustaining —the Climate Action Plan goals of
the Parties, at competitive rates;
(d) Develop an aggregate electric supply portfolio with overall lower greenhouse gas
(GHG) emissions than SDG&E, and one that supports near -term achievement of the
Parties' greenhouse gas reduction goals and renewable electricity goals;
(e)
Promote an energy portfolio that incorporates energy efficiency and demand
response programs and pursues ambitious energy consumption reduction goals;
(f) Pursue the procurement of local generation of renewable power developed by or
within member jurisdictions with an emphasis on local jobs, where appropriate,
without limiting fair and open competition for projects or programs implemented by
the Authority;
(g)
Provide a range of energy product and program options, available to all Parties and
customers, that best serve their needs, their local communities, and support regional
sustainability efforts;
(h) Support low-income households having access to special utility rates including
California Alternative Rates for Energy (CARE) and Family Electric Rate
Assistance (FERA) programs;
(i)
Use discretionary program revenues to support the Authority's long-term financial
viability, enhance customer rate stability, and provide all Parties and their customers
with access to innovative energy programs, projects and services throughout the
jurisdiction of the Authority; and
(j) Create an administering Authority that seeks to maximize economic benefits and is
financially sustainable, well -managed and responsive to regional and local priorities.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual promises, covenants, and conditions
hereinafter set forth, it is agreed by and among the Parties as follows:
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1. DEFINITIONS AND EXHIBITS
1.1 Definitions. Capitalized terms used in this Agreement shall have the meanings
specified in Exhibit A, unless the context requires otherwise.
1.2 Documents Included. This Agreement consists of this document and the
following exhibits, all of which are hereby incorporated into this Agreement:
Exhibit A: Definitions
Exhibit B: List of Founding Members
2. FORMATION OF THE COMMUNITY CHOICE ENERGY AUTHORITY
2.1 Effective Date and Term. This Agreement shall become effective and the
Authority shall exist as a separate public agency on the date this Agreement is
executed by at least three Founding Members after the adoption of the ordinances
required by Public Utilities Code Section 366.2(c)(12). The Authority shall
provide notice to the Parties of the Effective Date. The Authority shall continue
to exist, and this Agreement shall be effective, until the Agreement is terminated
in accordance with Section 8.4 (Mutual Termination), subject to the rights of the
Parties to withdraw from the Authority under Section 8.1.
2.2 Formation of the Authority. Under the Act, the Parties hereby create a separate
joint exercise of power agency named the Clean Energy Alliance. Pursuant to
Sections 6506 and 6507 of the Act, the Authority is a public agency separate from
the Parties. The jurisdiction of the Authority shall be all territory within the
geographic boundaries of the Parties; however, the Authority may, as authorized
under applicable law, undertake any action outside such geographic boundaries as
is necessary to the accomplishment of its purpose.
2.3 Purpose. The purpose of this Agreement is to establish the Authority, to provide
for its governance and administration, and to define the rights and obligations of
the Parties. This Agreement authorizes the Authority to provide opportunities by
which the Parties can work cooperatively to create economies of scale and
implement sustainable energy initiatives that reduce energy demand, increase
energy efficiency, and advance the use of clean, efficient, and renewable
resources in the region for the benefit of all the Parties and their constituents,
including, but not limited to, establishing and operating a CCA Program.
2.4 Addition of Parties. After the initial formation of the Authority and prior to
October 1, 2020, any incorporated municipality, county, or other public agency
authorized to be a community choice aggregator under Public Utilities Code
Section 331.1 and located within the service territory of SDG&E may become a
member of the Authority if it has completed a positive CCE Feasibility Study,
adopted a CCA ordinance pursuant to Public Utilities Code Section 366.2(c)(12),
approved and executed this Agreement, and paid or agrees to pay its share of the
Initial Costs pursuant to Section 7.3.2 of this Agreement. Notwithstanding the
foregoing, such public agency may be denied membership in the Authority if the
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Board determines within 60 days after the submittal of the CCE Feasibility Study
that the addition of the public agency would create an undue risk or financial
burden to the Authority or to the achievement of the CAP goals of the Parties.
On or after October 1, 2020, any incorporated municipality, county, or other
public agency authorized to be a community choice aggregator under Public
Utilities Code Section 331.1 and located within the service territory of SDG&E
may apply to and become a member of the Authority if all the following
conditions are met:
2.4.1 Adoption of a resolution by a two-thirds vote of the entire Board
authorizing membership in the Authority;
2.4.2 Adoption by the proposed member of a CCA ordinance as required by
Public Utilities Code Section 366.2(c)(12) and approval and execution of
this Agreement and other necessary program agreements by the proposed
member;
2.4.3 Payment of a membership fee, if any, as may be required by the Board to
cover Authority costs incurred in connection with adding the new party;
and
2.4.4 Satisfaction of any other conditions established by the Board.
2.5 Continuing Participation. The Parties acknowledge that membership in the
Authority may change by the addition, withdrawal and/or termination of Parties.
The Parties agree to participate with such other Parties as may later be added by
the Board, as described in Section 2.4 (Addition of Parties) of this Agreement.
The Parties also agree that the withdrawal or termination of a Party shall not
affect this Agreement or the remaining Parties' continuing obligations under this
Agreement.
3. POWERS
3.1 General Powers. The Authority shall have the powers common to the Parties
which are necessary or appropriate to the accomplishment of the purposes of this
Agreement, subject to the restrictions set forth in Section 3.4 (Limitation on
Powers) of this Agreement.
3.2 Specific Powers. Specific powers of the Authority shall include, but not be
limited to, each of the following powers, which may be exercised at the discretion
of the Board:
3.2.1 make and enter into contracts;
3.2.2 employ agents and employees, including but not limited to a Chief
Executive Officer;
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3.2.3 acquire, own, contract, manage, maintain, and operate any buildings,
public works, improvements or other assets including but not limited to
public electric generation resources;
3.2.4 acquire property for the public purposes of the Authority by eminent
domain, or otherwise, except as limited under Section 6508 of the Act and
Sections 3.6 and 4.12.3 of this Agreement, and to hold or dispose of any
property; provided, however, the Authority shall not exercise the power of
eminent domain within the jurisdiction of a Party without its affirmative
vote under Section 4.12.2;
3.2.5 lease any property;
3.2.6 sue and be sued in its own name;
3.2.7 incur debts, liabilities, and obligations, including but not limited to loans
from private lending sources pursuant to its temporary borrowing powers
authorized by law pursuant to Government Code Section 53850 et seq. and
authority under the Act;
3.2.8 issue revenue bonds and other forms of indebtedness;
3.2.9 apply for, accept, and receive all licenses, permits, grants, loans or other
aids from any federal, state or local public agency;
3.2.10 form independent corporations or entities, if necessary, to carry out energy
supply and energy conservation programs;
3.2.11 submit documentation and notices, register, and comply with applicable
orders, tariffs and agreements for the establishment and implementation of
the CCA Program and other energy programs;
3.2.12 adopt rules, regulations, policies, bylaws and procedures governing the
operation of the Authority;
3.2.13 make and enter into service agreements relating to the provision of
services necessary to plan, implement, operate and administer the CCA
Program and other energy programs, including the acquisition of electric
power supply and the provision of retail and regulatory support services;
3.2.14 receive revenues from sale of electricity and other energy -related
programs; and
3.2.15 Partner or otherwise work cooperatively with other CCA's on the
acquisition of electric resources, joint programs, advocacy and other
efforts in the interests of the Authority.
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3.3 Additional Powers to be Exercised. In addition to those powers common to
each of the Parties, the Authority shall have those powers that may be conferred
upon it by law and by subsequently enacted legislation.
3.4 Limitation on Powers. As required by Section 6509 of the Act, the powers of
the Authority are subject to the restrictions upon the manner of exercising power
possessed by the City of Solana Beach and any other restrictions on exercising the
powers of the Authority that may be adopted by the Board.
3.5 Obligations of the Authority. The debts, liabilities, and obligations of the
Authority shall not be the debts, liabilities, and obligations of any of the Parties
unless a Party agrees in writing to assume any of the debts, liabilities, and
obligations of the Authority with the approval of its Governing Body, in its sole
discretion. A Party that has not agreed in writing, as duly authorized by its
Governing Body, to assume an Authority debt, liability, or obligation shall not be
responsible in any way for such debt, liability, or obligation, regardless of any
action by the Board. Further, the debts, liabilities and obligations of the City of
Solana Beach related to or arising from its existing CCA program, commonly
known as the Solana Energy Alliance, shall not be the debts, liabilities or
obligations of the Authority or any of the Parties except the City of Solana Beach
unless the Board approves assuming specific contracts entered into by the City of
Solana Beach. Any such contracts assumed by the Authority shall be obligations
of the Authority only and not of any of the Parties. Notwithstanding Sections
4.12.1 and 9.8 of this Agreement, this Section 3.5 shall not be amended or its
liability limitations otherwise modified by an amendment to another part of this
Agreement unless such amendment is approved by the Governing Body of each
Party.
3.6 Compliance with Local Zoning and Building Laws. Notwithstanding any other
provisions of this Agreement or state law, any facilities, buildings, structures or
other projects (the "project") developed, constructed or installed or caused to be
developed, constructed or installed by the Authority within the territory of the
Authority (which consists of the territorial jurisdiction of the Parties) shall comply
with the General Plan, zoning, land use regulations, building laws and any
applicable local Coastal Plan of the local jurisdiction within which the project is
located.
3.7 Compliance with the Political Reform Act and Government Code
Section 1090. The Authority and its officers and employees shall comply with
the Political Reform Act (Government Code Section 81000 et seq.) and
Government Code Section 1090 et seq. The Board shall adopt a Conflict of
Interest Code pursuant to Government Code Section 87300. The Board may
adopt additional conflict of interest regulations in the Operating Policies and
Procedures.
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Oct. 8, 2019 Item #5 Page 16 of 4"
4. GOVERNANCE
4.1 Board of Directors.
4.1.1 The Governing Body of the Authority shall be a Board of Directors
("Board") consisting of one Director for each Party appointed in
accordance with Section 4.2 (Appointment and Removal of Directors) of
this Agreement.
4.1.2 Each Director must be a member of the Governing Body of the appointing
Party. Each Director shall serve at the pleasure of the Governing Body of
the Party that appointed such Director and may be removed as Director by
such Governing Body at any time. If at any time a vacancy occurs on the
Board, then a replacement shall be appointed to fill the position of the
previous Director within 45 days after the date that position becomes
vacant.
4.1.3 The Governing Body of each Party also shall appoint an alternate to serve
in the absence of the primary Director. The alternate also shall be a
member of the Governing Body of the appointing Party. The alternate
shall have all the rights and responsibilities of the primary Director when
serving in his/her absence.
4.1.4 Any change to the size and composition of the Board other than what is
described in this section shall require an amendment of this Agreement in
accordance with Section 4.12.
4.2 Appointment and Removal of Directors. The Directors shall be appointed and
may be removed as follows:
4.2.1 The Governing Body of each Party shall appoint and designate in writing
one regular Director, who shall be authorized to act for and on behalf of
the Party on matters within the powers of the Authority. The Governing
Body of each Party shall appoint and designate in writing one alternate
Director who may vote on matters when the regular Director is absent
from a Board meeting. The alternate Director may vote on matters in
committee, chair committees, and fully participate in discussion and
debate during meetings. All Directors and alternates shall be subject to the
Board's adopted Conflict of Interest Code.
4.2.2 A Director may be removed by the Board for cause in accordance
with procedures adopted by the Board. Cause shall be defined for the
purposes of this section as follows:
a. Unexcused absences from three consecutive Board meetings.
b. Unauthorized disclosure of confidential information or documents
from a closed session or the unauthorized disclosure of information
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Item #5 Page 17 of 4e
or documents provided to the Director on a confidential basis and
whose public disclosure may be harmful to the interests of the
Authority.
c. Violation of any ethics policies or code of conduct adopted by the
Board.
Notwithstanding the foregoing, no Party shall be deprived of its right to seat a
Director on the Board and any such Party for which its Director and/or alternate
Director has been removed may appoint a replacement.
4.3 Director Compensation. The Board may adopt by resolution a policy relating to
the compensation or expense reimbursement of its Directors.
4.4 Terms of Office. Each Party shall determine the term of office for its regular and
alternate Director.
4.5 Purpose of Board. The general purpose of the Board is to:
4.5.1 Provide structure for administrative and fiscal oversight;
4.5.2 Retain a Chief Executive Officer to oversee day-to-day operations of the
Authority;
4.5.3 Retain legal counsel;
4.5.4 Identify and pursue funding sources;
4.5.5 Set policy;
4.5.6 Optimize the utilization of available resources; and
4.5.7 Oversee all Committee activities.
4.6 Specific Responsibilities of the Board. The specific responsibilities of the
Board shall be as follows:
4.6.1 Formulate and adopt an annual budget prior to the commencement of the
fiscal year;
4.6.2 Develop and implement a financing and/or funding plan for ongoing
Authority operations and capital improvements, if applicable;
4.6.3 Retain necessary and sufficient staff and adopt personnel and
compensation policies, rules and regulations;
4.6.4 Adopt policies for procuring electric supply and operational needs such as
professional services, equipment and supplies;
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Item #5 Page 18 of 4:
4.6.5 Develop and implement a Strategic Plan to guide the development,
procurement, and integration of renewable energy resources consistent
with the intent and priorities identified in this Agreement;
4.6.6 Establish standing and ad hoc committees as necessary;
4.6.7 Set retail rates for power sold by the Authority and set charges for any
other category of retail service provided by the Authority;
4.6.8 Wind down and resolve all obligations of the Authority in the event the
Authority is terminated pursuant to Section 8.2;
4.6.9 Conduct and oversee Authority operational audits at intervals not to
exceed three years including review of customer access to Authority
programs and benefits, where applicable;
4.6.10 Arrange for an annual independent fiscal audit;
4.6.11 Adopt such bylaws, rules and regulations necessary or desirable for the
purposes set forth in this Agreement and consistent with this Agreement;
4.6.12 Exercise the Specific Powers identified in Sections 3.2 and 4.6 except as
those which the Board may elect to delegate to the Chief Executive
Officer; and
4.6.13 Discharge other duties as appropriate or necessary under this Agreement
or required by law.
4.7 Startup Responsibilities. The Authority shall promptly act on the following
matters:
4.7.1 Oversee the preparation of, adopt, and update an implementation plan for
electrical load aggregation pursuant to Public Utilities Code Section
366.2(c)(3);
4.7.2 Prepare a statement of intent for electrical load aggregation pursuant to
Public Utilities Code Section 366.2(c)(4);
4.7.3 Obtain financing and/or funding as is necessary to support start up and
ongoing working capital for the CCA Program; and
4.7.4 Acquire and maintain insurance in accordance with Section 9.3.
4.8 Meetings and Special Meetings of the Board. The Board shall hold at least four
regular meetings per year, but the Board may provide for the holding of regular
meetings at more frequent intervals. The date, hour, and place of each regular
meeting shall be fixed annually by resolution of the Board. The location of
regular meetings may rotate for the convenience of the Parties, subject to Board
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Oct. 8, 2019 Item #5 Page 19 of 4'
approval and availability of appropriate meeting space. Regular meetings may be
adjourned to another meeting time. Special meetings of the Board may be called
in accordance with the provisions of Government Code Section 54956. Directors
may participate in meetings telephonically, with full voting rights, only to the
extent permitted by law. Board meeting agendas generally shall be set, in
consultation with the Board Chair, by the Chief Executive Officer appointed by
the Board pursuant to Section 5.5. The Board itself may add items to the agenda
upon majority vote pursuant to Section 4.11.1.
4.9 Brown Act Applicable. All meetings of the Board shall be conducted in
accordance with the provisions of the Ralph M. Brown Act (Government Code
Section 54950, et seq.).
4.10 Quorum. A simple majority of the Directors shall constitute a quorum. No
actions may be taken by the Board without a quorum of the Directors present.
4.11 Board Voting. Except for matters subject to Special Voting under Section 4.12,
Board action shall require the affirmative votes of a majority of the Directors on
the entire Board. The consequence of a tie vote shall be "no action" taken.
4.12 Special Voting.
4.12.1 The affirmative vote of two-thirds of the Directors of the entire Board
shall be required to take any action on the following:
(a) Issuing bonds or other forms of debt;
(b) Adding or removing Parties or removing Directors; and
(c) Amending or terminating this Agreement or adopting or amending
the bylaws of the Authority except as provided in Sections 3.5 and
4.12.3. At least 30 days advance written notice to the Parties shall
be provided for such actions. Such notice shall include a copy of
any proposed amendment to this Agreement or the bylaws of the
Authority. The Authority shall also provide prompt written notice
to all Parties of the action taken and attach the adopted
amendment, resolution or agreement.
4.12.2 An affirmative vote of three -fourths of the entire Board shall be required
to initiate any action for Eminent Domain and no eminent domain action
shall be approved within the jurisdiction of a Party without the affirmative
vote of such Party's Director.
4.12.3 An unanimous vote of the entire Board shall be required to amend the
following provisions in this Agreement:
(a) Section 2.3 (Purpose of Agreement)
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Oct. 8, 2019 Item #5 Page 20 of 4:
(b) Section 3.6 (Compliance with Local Zoning)
(c) Sections 4.11 and 4.12 (Voting Requirements)
(d) Section 4.12.2 (Eminent Domain)
(e) Section 6.5 (Power Supply Requirements)
(f) Section 6.6 (Solana Energy Alliance Transition)
5. INTERNAL ORGANIZATION
5.1 Elected and Appointed Officers. For each fiscal year, the Board shall elect a
Chair and Vice Chair from among the Directors and shall appoint a Secretary and
a Treasurer as provided in Government Code section 6505.5. No Director may
hold more than one such office at any time. Appointed officers shall not be
elected officers of the Board.
5.2 Chair and Vice Chair. For each fiscal year, the Board shall elect a Chair and
Vice Chair from among the Directors. The term of office of the Chair and Vice
Chair shall continue for one year, but there shall be no limit on the number of
terms held by either the Chair or Vice Chair. The Chair shall be the presiding
officer of all Board meetings, and the Vice Chair shall serve in the absence of the
Chair. The Chair shall perform duties as may be required by the Board. In the
absence of the Chair, the Vice -Chair shall perform all of the Chair's duties. The
office of the Chair or Vice Chair shall be declared vacant and a new selection
shall be made if: (a) the person serving dies, resigns, or the Party that the person
represents removes the person as its representative on the Board, or (b) the Party
that he or she represents withdraws from the Authority pursuant to the provisions
of this Agreement. Upon a vacancy, the position shall be filled at the next
regular meeting of the Board held after such vacancy occurs or as soon as
practicable thereafter.
5.3 Secretary. The Board shall appoint a qualified person who is not on the Board to
serve as Secretary. The Secretary shall be responsible for keeping the minutes of
all meetings of the Board and all other office records of the Authority. If the
appointed Secretary is an employee of any Party, such Party shall be entitled to
reimbursement for any documented out of pocket costs it incurs in connection
with such employee's service as Secretary of the Authority, and full cost recovery
for any documented hours of service provided by such employee during such
Party's normal working hours.
5.4 Treasurer/Chief Financial Officer and Auditor. The Board of Directors shall
appoint a Treasurer who shall function as the combined offices of Treasurer and
Auditor and shall strictly comply with the statutes related to the duties and
responsibilities specified in Section 6505.5 of the Act. The Treasurer for the
Authority shall be the depository and have custody of all money of the Authority
from whatever source and shall draw all warrants and pay demands against the
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Authority as approved by the Board. The Treasurer shall cause an independent
audit(s) of the finances of the Authority to be made by a certified public
accountant, or public accountant, in compliance with Section 6505 of the Act.
The Treasurer shall report directly to the Board and shall comply with the
requirements of treasurers of incorporated municipalities. The Board may
transfer the responsibilities of Treasurer to any qualified person or entity as the
law allows at the time. The duties and obligations of the Treasurer are further
specified in Section 7. The Treasurer shall serve at the pleasure of the Board. If
the appointed Treasurer is an employee of any Party, such Party shall be entitled
to reimbursement for any documented out of pocket costs it incurs in connection
with such employee's service as Treasurer of the Authority, and full cost recovery
for any documented hours of service provided by such employee during such
Party's normal working hours.
5.5 Chief Executive Officer. The Board shall appoint a Chief Executive Officer for
the Authority, who shall be responsible for the day-to-day operation and
management of the Authority and the CCA Program. The Chief Executive Officer
may not be an elected member of the Board or otherwise represent any Party to
the Authority. The Chief Executive Officer may exercise all powers of the
Authority, except those powers specifically reserved to the Board, including but
not limited to those set forth in Section 4.6 (Specific Responsibilities of the
Board) of this Agreement or the Authority's bylaws, or those powers which by
law must be exercised by the Board. The Chief Executive Officer may enter into
and execute power purchase agreements and other contracts, in accordance with
criteria and policies established by the Board.
5.6 General Counsel. The Board shall appoint a qualified person to act as the
Authority's General Counsel, who shall not be a member of the Board, or an
elected official or employee of a Party.
5.7 Bonding of Persons Having Access to Property. Pursuant to the Act, the Board
shall designate the public officer or officers or person or persons who have charge
of, handle, or have access to any property of the Authority exceeding a value as
established by the Board, and shall require such public officer or officers or
person or persons to file an official bond in an amount to be fixed by the Board.
5.8 Privileges and Immunities from Liability. All of the privileges and immunities
from liability, exemption from laws, ordinances and rules, all pension, relief,
disability, workers' compensation and other benefits which apply to the activities
of officers, agents or employees of a public agency when performing their
respective functions shall apply to the officers, agents or employees of the
Authority to the same degree and extent while engaged in the performance of any
of the functions and other duties of such officers, agents or employees under this
Agreement. None of the officers, agents or employees directly employed by the
Board shall be deemed, by reason of their employment by the Authority to be
employed by the Parties or by reason of their employment by the Authority, to be
subject to any of the requirements of the Parties.
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5.9 Commissions, Boards and Committees. The Board may establish any advisory
commissions, boards, and committees as the Board deems appropriate to assist the
Board in carrying out its functions and implementing the CCA Program, related
energy programs, and the provisions of this Agreement. To the extent possible,
the commissions, boards, and committees should have equal representation from
each Party. The Board may establish criteria to qualify for appointment on its
commissions, boards, and committees. The Board may establish rules,
regulations, policies, or procedures to govern any such commissions, boards, or
committees and shall determine whether members shall be entitled to
reimbursement for expenses. The meetings of the commissions, boards, or
committees shall be held in accordance with the requirements of the Ralph M.
Brown Act, as applicable.
6. IMPLEMENTATION ACTION AND AUTHORITY DOCUMENTS
6.1 Preliminary Implementation of the CCA Program.
6.1.1 Enabling Ordinance. In addition to the execution of this Agreement, each
Party shall adopt an ordinance in accordance with Public Utilities Code
Section 366.2(c)(12) for the purpose of specifying that the Party intends to
implement a CCA Program by and through its participation in the
Authority.
6.1.2 Implementation Plan. The Authority shall secure Board approval of an
Implementation Plan meeting the requirements of Public Utilities Code
Section 366.2 and any applicable Public Utilities Commission regulations,
and consistent with the terms of this Agreement, as soon after the
Effective Date as reasonably practicable but no later than December 31,
2019.
6.2 Authority Documents. The Parties acknowledge and agree that the affairs of the
Authority will be implemented through various documents duly adopted by the
Board through Board resolution or minute action, including but not necessarily
limited to operational procedures and policies, the annual budget, and specific
plans such as a local renewable energy development and integration plan and
other policies defined as the Authority Documents by this Agreement. All such
Authority Documents shall be consistent with and designed to advance the goals
and objectives of the Authority as expressed in this Agreement. The Parties agree
to abide by and comply with the terms and conditions of all such Authority
Documents that may be adopted by the Board, subject to the Parties' right to
withdraw from the Authority as described in Section 8 (Withdrawal and
Termination) of this Agreement.
6.3 Integrated Resource Plan and Regulatory Compliance. The Authority shall
cause to be prepared an Integrated Resource Plan in accordance with California
Public Utilities Commission regulations, and consistent with the terms of this
Agreement, that will ensure the long-term development and administration of a
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variety of energy programs that promote local renewable resources, conservation,
demand response, and energy efficiency, while maintaining compliance with
other regulatory requirements including the State Renewable Portfolio Standard
(RPS) and customer rate competitiveness.
6.4 Renewable Portfolio Standards. The Authority shall provide its customers
energy primarily from Category 1 and Category 2 eligible renewable resources, as
defined under the California RPS and consistent with the goals of the CCA
Program. The Authority shall avoid the procurement of energy from Category 3
eligible renewable resources (unbundled Renewable Energy Credits or RECs) to
the extent feasible. The Authority's ultimate objective shall be to achieve— and
sustain --a renewable energy portfolio with 100 percent renewable energy
availability and usage, at competitive rates, within the Authority service territory
by no later than 2035, and then beyond.
6.5 Power Supply Requirements. The Authority's power supply base product will
be greater than or equal to 50% qualified renewable resources. The Board shall
establish product options with higher renewable and/or GHG-free content that
each Party may select (such as 75% or 100% renewable content). In no event
will the Authority's power supply base product contain a lesser amount of
renewable resources than the base product provided by SDG&E to its customers.
Power supply options established by the Board will allow each Party the
flexibility to achieve its CAP goals without impeding any other Party from doing
the same.
6.6 Continuation and Transition of City of Solana Beach's Existing CCA
Program. The City of Solana Beach has been operating a CCA program within
its jurisdiction since 2018. The City of Solana Beach shall be permitted to
continue to operate its existing CCA program until the Authority's CCA Program
commences service to customers within the jurisdiction of the City of Solana
Beach. The transition of CCA customers within the City of Solana Beach to the
Authority's CCA Program shall be implemented in accordance with the
Authority's implementation plan approved by the Board and certified by the
CPUC and any policies and requirements established by the Board.
7. FINANCIAL PROVISIONS
7.1 Fiscal Year. The Authority's fiscal year shall be 12 months commencing July 1
and ending June 30. The fiscal year may be changed by Board resolution.
7.2 Depository.
7.2.1 All funds of the Authority shall be held in separate accounts in the name
of the Authority and not commingled with funds of any Party or any other
person or entity.
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7.2.2 All funds of the Authority shall be strictly and separately accounted for,
and regular reports shall be rendered of all receipts and disbursements, at
least quarterly during the fiscal year. The books and records of the
Authority shall be open to inspection and duplication by the Parties at all
reasonable times. Annual financial statements shall be prepared in
accordance with Generally Accepted Accounting Principles of the United
States of America within 6 months of the close of the fiscal year. The
Board shall contract with a certified public accountant to make an annual
audit of the financial statements of the Authority, which shall be
conducted in accordance with the requirements of Section 6505 of the Act.
7.2.3 All expenditures shall be made in accordance with the approved budget
and upon the approval of any officer so authorized by the Board in
accordance with its policies and procedures.
7.3 Budget and Recovery Costs.
7.3.1 Budget. The initial budget shall be approved by the Board. The Board
may revise the budget from time to time as may be reasonably necessary
to address contingencies and unexpected expenses. All subsequent
budgets of the Authority shall be prepared and approved by the Board in
accordance with its fiscal management policies that should include a
deadline for approval.
7.3.2 Funding of Initial Costs. The Initial Costs of establishing the Authority
and implementing its CCA Program shall be divided equally among the
Founding Members. In the event that the CCA Program becomes
operational, these Initial Costs paid by the Founding Members shall be
included in the customer charges for electric services to the extent
permitted by law. The Authority may establish a reasonable time period
over which such costs are recovered and reimbursed to the Founding
Members. In the event that the CCA Program does not become
operational, the Founding Members shall not be entitled to any
reimbursement of the Initial Costs they have paid from the Authority or
any Party.
7.3.3 CCA Feasibility and Governance Report Costs. In the event that the CCA
Program becomes operational, any costs incurred by the Parties in
preparing CCA Feasibility or Governance Reports in connection with
establishing the Authority shall be included in the customer charges for
electric services to the extent permitted by law. The Authority may
establish a reasonable time period over which such costs are recovered and
reimbursed to the Parties that incurred such costs. In the event that the
CCA Program does not become operational, no Party shall be entitled to
any reimbursement of these costs from the Authority or any Party.
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7.3.4 Program Costs. The Parties intend that all costs incurred by the Authority
that are directly or indirectly attributable to the provision of electric or
other services under the CCA Program, including the establishment and
maintenance of various reserve and performance funds, shall be recovered
through appropriate charges to CCA customers receiving such services.
7.3.5 No Requirement for Contributions or Payments. Parties are not required
under this Agreement to make any financial contributions or payments to
the Authority, and the Authority shall have no right to require such a
contribution or payment unless expressly set forth herein (for example, as
provided in Section 2.4.3, with respect to Additional Members, Section
7.3.2 with respect to Initial Costs and Section 8.1, with respect to
Withdrawal), or except as otherwise required by law.
Notwithstanding the foregoing, a Party may voluntarily enter into an
agreement with the Authority to provide the following:
(a) contributions of public funds for the purposes set forth in this
Agreement;
(b) advances of public funds for the purposes set forth in this
Agreement, such advances to be repaid as provided by such written
agreement; or
(c) its personnel, equipment or property in lieu of other contributions
or advances.
No Party shall be required, by or for the benefit of the Authority, to adopt
any local tax, assessment, fee or charge under any circumstances.
7.4 Accounts and Reports. The Treasurer shall establish and maintain such funds
and accounts as may be required by good accounting practice or by any provision
of any trust agreement entered into with respect to the proceeds of any bonds
issued by the Authority. The books and records of the Authority in the hands of
the Treasurer shall be open to inspection and duplication at all reasonable times
by duly appointed representatives of the Parties. The Treasurer, within 180 days
after the close of each fiscal year, shall give a complete written report of all
financial activities for such fiscal year to the Parties. The Treasurer shall
cooperate with all audits required by this Agreement.
7.5 Funds. The Treasurer shall receive, have custody of and/or disburse Authority
funds in accordance with the laws applicable to public agencies and generally
accepted accounting practices, and shall make the disbursements required by this
Agreement in order to carry out any of the purposes of this Agreement.
7.6 Discretionary Revenues. The Board shall establish policies concerning the
expenditure of discretionary revenues. As determined by the Board in such
policies, discretionary revenues may be used to (1) provide programs and develop
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projects of the Authority or (2) allow Parties to direct funds into qualified
Authority programs and projects, or provide other ratepayer benefits. The Board
shall endeavor to achieve a balanced distribution of program and project benefits
substantially commensurate with each Party's energy load ("balanced
distribution"). The Board shall conduct periodic audits no less than every two
years in order to verify the balanced distribution of program and project benefits
and take any corrective action necessary to achieve or continue to maintain a
balanced distribution.
7.7 Rate Related Programs. The Authority will maintain residential net energy
metering and low-income rate discount programs.
8. WITHDRAWAL AND TERMINATION
8.1 Withdrawal
8.1.1 Withdrawal by Parties. Any Party may withdraw its membership in
the Authority, effective as of the beginning of the Authority's fiscal
year, by giving no less than one year advance written notice of its
election to do so, which notice shall be given to the Authority and
each Party. The Board, in its discretion, may approve a shorter notice
period on a case by case basis. In addition, a Party may immediately
withdraw its membership in the Authority upon written notice to the
Board at any time prior to the Authority filing its first year -ahead load
forecast with the CPUC that included the Party's load (anticipated to
occur in April 2020) without any financial obligation other than its
share of Initial Costs that shall not be reimbursed and any costs
directly related to the resulting amendment of the Implementation
Plan. Withdrawal of a Party shall require an affirmative vote of the
Party's Governing Body.
8.1.2 Amendment. Notwithstanding Section 8.1.1 (Withdrawal by Parties)
of this Agreement, a Party may withdraw its membership in the
Authority upon approval and execution of an amendment to this
Agreement provided that the requirements of this Section 8.1.2 are
strictly followed. A Party shall be deemed to have withdrawn its
membership in the Authority effective one year (or earlier if approved
by the Board) after the Board approves an amendment to this
Agreement if the Director representing such Party has provided notice
to the other Directors immediately preceding the Board's vote of the
Party's intention to withdraw its membership in the Authority, should
the amendment be approved by the Board.
8.1.3 Continuing Liability; Further Assurances. A Party that withdraws its
membership in the Authority may be subject to certain continuing
liabilities, as described in Section 8.5 (Continuing Liability; Refund)
of this Agreement, including, but not limited to, power purchase
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agreements and other Authority contracts and operational obligations.
The withdrawing Party and the Authority shall execute and deliver all
further instruments and documents and take any further action that
may be reasonably necessary, as determined by the Board, to
effectuate the orderly withdrawal of such Party from membership in
the Authority. The Board shall also consider, pursuant to Section
3.2.12, adoption of a policy that allows a withdrawing Party to
negotiate assignment to the Party of costs of electric power or other
resources procured on behalf of its customers by the Authority upon
its withdrawal. In the implementation of this Section 8.1.3, the
Parties intend, to the maximum extent possible, without
compromising the viability of ongoing Authority operations, that any
claims, demands, damages, or liabilities covered hereunder, be funded
from the rates paid by CCA Program customers located within the
service territory of the withdrawing Party, and not from the general
fund of the withdrawing Party itself.
8.2 Termination of CCA Program. Nothing contained in Section 6 or elsewhere in
this Agreement shall be construed to limit the discretion of the Authority to
terminate the implementation or operation of the CCA Program at any time in
accordance with any applicable requirements of state law.
8.3 Involuntary Termination. This Agreement may be terminated with respect to a
Party for material non-compliance with provisions of this Agreement or Authority
Documents upon a two-thirds vote of the entire Board excluding the vote of the
Party subject to possible termination. Prior to any vote to terminate this
Agreement with respect to a Party, written notice of the proposed termination and
the reason(s) for such termination shall be delivered to the Party whose
termination is proposed at least 30 days prior to the regular Board meeting at
which such matter shall first be discussed as an agenda item. The written notice
of proposed termination shall specify the particular provisions of this Agreement
or the Authority Documents that the Party has allegedly violated. The Party,
subject to possible termination, shall have the opportunity at the next regular
Board meeting to respond to any reasons and allegations that may be cited as a
basis for termination prior to a vote regarding termination. A Party that has had
its membership in the Authority terminated may be subject to certain continuing
liabilities, as described in Section 8.5 (Continuing Liability; Refund) of this
Agreement.
8.4 Mutual Termination. This Agreement may be terminated by mutual agreement
of all the Parties; provided, however, the foregoing shall not be construed as
limiting the rights of a Party to withdraw its membership in the Authority, and
thus terminate this Agreement with respect to such withdrawing Party, as
described in Section 8.1 (Withdrawal) of this Agreement.
8.5 Continuing Liability; Refund. Upon a withdrawal or involuntary termination of
a Party, the Party shall be responsible for any claims, demands, damages, or
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liabilities attributable to the Party through the effective date of its withdrawal or
involuntary termination, it being agreed that the Party shall not be responsible for
any claims, demands, damages, or liabilities commencing or arising after the
effective date of the Party's withdrawal or involuntary termination.
Notwithstanding the foregoing or any other provisions of this Agreement, such
Party also shall be liable to the Authority for (a) any damages, losses, or costs
incurred by the Authority which result directly from the Party's withdrawal or
termination, including but not limited to costs arising from the resale of capacity,
electricity, or any attribute thereof no longer needed to serve such Party's load;
and (b) any costs or obligations associated with the Party's participation in any
program in accordance with the program's terms, provided such costs or
obligations were incurred prior to the withdrawal of the Party. From and after the
date a Party provides notice of its withdrawal or is terminated, the Authority shall
reasonably and in good faith seek to mitigate any costs and obligations to be
incurred by the withdrawing or terminated Party under this Section through
measures reasonable under the circumstances, provided that this obligation to
mitigate does not impose any obligation on the Authority to transfer any cost or
obligation directly attributable to the membership and withdrawal or termination
of the withdrawing or terminated party to the ratepayers of the remaining
members. Further, the liability of the withdrawing or terminated Party shall be
based on actual costs or damages incurred by the Authority and shall not include
any penalties or punitive charges imposed by the Authority. The Authority may
withhold funds otherwise owing to the Party or may require the Party to deposit
sufficient funds with the Authority, as reasonably determined by the Authority, to
cover the Party's liability for the costs described above. The withdrawing or
terminated Party agrees to pay any such deposit determined by the Authority.
Any amount of the Party's funds held on deposit with the Authority above that
which is required to pay any liabilities or obligations shall be returned to the
Party. In the implementation of this Section 8.5, the Parties intend, to the
maximum extent possible, without compromising the viability of ongoing
Authority operations, that any claims, demands, damages, or liabilities covered
hereunder, be funded from the rates paid by CCA Program customers located
within the service territory of the withdrawing Party, and not from the general
fund of the withdrawing Party itself. The liability of a withdrawing Party under
this Section shall be only to the Authority and not to any other Party.
8.6 Disposition of Authority Assets. Upon termination of this Agreement and
dissolution of the Authority by all Parties, after payment of all obligations of the
Authority, the Board may sell or liquidate Authority property and shall distribute
any remaining assets to the Parties in proportion to the contributions made by the
existing Parties. Any assets provided by a Party to the Authority shall remain the
asset of that Party and shall not be subject to distribution under this section.
9. MISCELLANEOUS PROVISIONS
9.1 Dispute Resolution. The Parties and the Authority shall make reasonable efforts
to settle all disputes arising out of or in connection with this Agreement. Before
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exercising any remedy provided by law, a Party or the Parties and the Authority
shall engage in nonbinding mediation in the manner agreed upon by the Party or
Parties and the Authority. The Parties agree that each Party may specifically
enforce this section. In the event that nonbinding mediation is not initiated or does
not result in the settlement of a dispute within 60 days after the demand for
mediation is made, any Party and the Authority may pursue any remedies
provided by law.
9.2 Liability of Directors, Officers, and Employees. The Directors, officers, and
employees of the Authority shall use ordinary care and reasonable diligence in the
exercise of their powers and in the performance of their duties pursuant to this
Agreement. No current or former Director, officer, or employee will be
responsible for any act or omission by another Director, officer, or employee.
The Authority shall defend, indemnify and hold harmless the individual current
and former Directors, officers, and employees for any acts or omissions in the
scope of their employment or duties in the manner provided by Government Code
Section 995 et seq. Nothing in this section shall be construed to limit the defenses
available under the law, to the Parties, the Authority, or its Directors, officers, or
employees. In addition, pursuant to the Act, no Director shall be personally liable
on the Authority's bonds or be subject to any personal liability or accountability
by reason of the issuance of bonds.
9.3 Insurance and Indemnification of Parties. The Authority shall acquire such
insurance coverage as is necessary to protect the interests of the Authority and the
Parties. The Authority shall defend, indemnify and hold harmless the Parties and
each of their respective governing board members, officers, agents and
employees, from any and all claims, losses, damages, deductibles or self -insured
retentions, costs, fines, penalties, injuries and liabilities of every kind arising
directly or indirectly from the conduct, activities, operations, acts, errors,
omissions or negligence of the Authority or its officers, employees, agents,
contractors, licensees or volunteers.
9.4 No Third Party Beneficiaries. The provisions of this Agreement are for the sole
benefit of the Parties and the Authority and not for the benefit of any other person
or entity. No third party beneficiary shall be created by or arise from the
provisions of this Agreement.
9.5 Notices. Any notice required or permitted to be made hereunder shall be in
writing and shall be delivered in the manner prescribed herein at the principal
place of business of each Party. The Parties may give notice by (1) personal
delivery; (2) e-mail; (3) U.S. Mail, first class postage prepaid, or a faster delivery
method; or (3) by any other method deemed appropriate by the Board.
Upon providing written notice to all Parties, any Party may change the designated
address or e-mail for receiving notice.
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All written notices or correspondence sent in the described manner will be
deemed given to a party on whichever date occurs earliest: (1) the date of personal
delivery; (2) the third business day following deposit in the U.S. mail, when sent
by "first class" mail; or (3) the date of transmission, when sent by e-mail or
facsimile.
9.6 Successors. This Agreement shall be binding upon and shall inure to the benefit
of the successors of each Party.
9.7 Assignment. Except as otherwise expressly provided in this Agreement, the
rights and duties of the Parties may not be assigned or delegated without the
advance written consent of all of the other Parties, and any attempt to assign or
delegate such rights or duties in contravention of this section shall be null and
void. This Agreement shall inure to the benefit of, and be binding upon, the
approved assigns of the Parties. This section does not prohibit a Party from
entering into an independent agreement with another agency, person, or entity
regarding the financing of that Party's contributions to the Authority, or the
disposition of the proceeds which that Party receives under this Agreement, so
long as such independent agreement does not affect, or purport to affect, the rights
and duties of the Authority or the Parties under this Agreement.
9.8 Amendment. This Agreement may be amended by a written amendment
approved by the Board in accordance with the Special Voting requirements of
Section 4.12.
9.9 Severability. If any one or more of the terms, provisions, promises, covenants, or
conditions of this Agreement were adjudged invalid or void by a court of
competent jurisdiction, each and all of the remaining terms, provisions, promises,
covenants, and conditions of this Agreement shall not be affected thereby and
shall remain in full force and effect to the maximum extent permitted by law.
9.10 Governing Law. This Agreement is made and to be performed in the State of
California, and as such California substantive and procedural law shall apply.
9.11 Headings. The section headings herein are for convenience only and are not to
be construed as modifying or governing the language of this Agreement.
9.12 Counterparts. This Agreement may be executed in any number of counterparts,
and upon execution by all Parties, each executed counterpart shall have the same
force and effect as an original instrument and as if all Parties had signed the same
instrument. Any signature page of this Agreement may be detached from any
counterpart of this Agreement without impairing the legal effect of any signatures
thereon and may be attached to another counterpart of this Agreement identical in
form hereto but having attached to it one or more signature pages.
The Parties hereto have executed this Joint Powers Agreement establishing the Clean Energy
Alliance.
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CITY
By:
C "+1►; ager
DATE: lb Oct -
ATTEST:
B �. 2/J
24)K"-.,
to__City Clerk
APPROVED AS TO FORM:
By:
City Attorney
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Oct. 8, 2019 Item #5 Page 32 of 4'
CITY OF De, i Fvt a,r
By:
Scott W. Huth, City Manager
DATE: 10 E A
ATTEST:
By:
Ashley Jones,
IV
Jerk
APPROVED AS TO FORM:
By:
Leslie E. Devaney, City
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CITY OF S°LLAifA IFS -PC
By:
ity Manager
DATE: f / — 4 - t/
ATTEST:
By:
ity Clerk
APPROVED AS TO FORM:
By:
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Item #5 Page 34 of 4"
Exhibit A: Definitions
"AB 117" means Assembly Bill 117 (Stat. 2002, Ch. 838, codified at Public Utilities Code
Section 366.2), which created Community Choice Aggregation.
"Act" means the Joint Exercise of Powers Act of the State of California (Chapter 5, Division 7,
Title 1 of the Government Code commencing with Section 6500).
"Agreement" means this Joint Powers Agreement.
"Authority" means the Clean Energy Alliance.
"Authority Document(s)" means document(s) duly adopted by the Board by resolution or motion
implementing the powers, functions and activities of the Authority, including but not
limited to the Operating Policies and Procedures, the annual budget, and plans and
policies.
"Board" means the Board of Directors of the Authority.
"Community Choice Aggregation" or "CCA" means an electric service option available to cities,
counties, and other public agencies pursuant to Public Utilities Code Section 366.2.
"CCA Program" means the Authority's Community Choice Aggregation program established,
conducted and operated under Public Utilities Code Section 366.2.
"Days" shall mean calendar days unless otherwise specified by this Agreement.
"Director" means a member of the Board representing a Party appointed in accordance with
Sections 4.1 (Board of Directors) and 4.2 (Appointment and Removal of Directors) of
this Agreement.
"Effective Date" means the date on which the Agreement shall become effective and the
Authority shall exist as a separate public agency, as further described in Section 2.1
(Effective Date and Term) of this Agreement.
"Founding Member" means any jurisdiction that becomes a member of the Authority before
October 1, 2020, as identified in Exhibit B.
"Governing Body" means for any city, its City Council; and for any other public agency, the
equivalent policy making body that exercises ultimate decision -making authority over
such agency.
"Initial Costs" means reasonable and necessary implementation costs advanced by the Founding
Members in support of the formation of the Authority and approved by the Board for
reimbursement, which are (a) directly related to the establishment of the Authority and its
CCA program, and (b) incurred by the Authority or its Members relating to the initial
operation of the Authority, such as the hiring of the executive and operations staff, any
required accounting, administrative, technical and legal services in support of the
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Authority's initial formation activities or in support of the negotiation, preparation and
approval of power purchase agreements, and activities associated with drafting and
obtaining approval of the Authority's implementation plan. Initial Costs do not include
costs associated with the investigation of the CCA model, attendance at routine planning
meetings, or a Party's pre -formation reports related to their decision to pursue CCA or
join the Authority. Initial costs also do not include the costs incurred by the City of
Solana Beach relating to the termination of its CCA program. The Authority Board shall
determine the repayment timing and termination date for the Initial Costs.
"Investor Owned Utilities" means a privately -owned electric utility whose stock is publicly
traded and is subject to CPUC regulation.
"Parties" means, collectively, the signatories to this Agreement that have satisfied the conditions
as defined above for "Founding Members" or in Section 2.4 (Addition of Parties) of this
Agreement, such that they are considered members of the Authority.
"Party" means, singularly, a signatory to this Agreement that has satisfied the conditions as
defined above for "Founding Members" or in Section 2.4 (Addition of Parties) of this
Agreement, such that it is considered a member of the Authority.
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Oct. 8, 2019 Item #5 Page 36 of 4'
Exhibit B: List of Founding Members
Any public agency that becomes a member by October 1, 2020
City of Carlsbad
City of Del Mar
City of Solana Beach
Oct. 8, 2019
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Item #5 Page 37 of 4'
San Diego Regional Community Choice Energy Authority
- Joint Powers Agreement —
Effective October 1, 2019
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SAN DIEGO REGIONAL COMMUNITY CHOICE ENERGY AUTHORITY
JOINT POWERS AGREEMENT
This Joint Powers Agreement (the "Agreement"), effective as of October 1, 2019, is made by the
Founding Members of San Diego Regional Community Choice Energy Authority (Authority)
including cities of San Diego, Chula Vista, La Mesa, Encinitas, and Imperial Beach, and entered
into pursuant to the provisions of Title 1, Division 7, Chapter 5, Article 1 (Section 6500 et seq.)
of the California Government Code relating to the joint exercise of powers among the public
agencies set forth in Exhibit B.
RECITALS
1. The Parties are public agencies sharing various powers under California law, including
but not limited to the power to purchase, supply, and aggregate electricity for themselves
and their inhabitants.
2. SB 350, adopted in 2015, mandates a reduction in greenhouse gas emissions to 40 percent
below 1990 levels by 2030 and to 80 percent below 1990 levels by 2050. In 2018, the
State Legislature adopted SB 100, which directs the Renewable Portfolio Standard to be
increased to 60% renewable by 2030 and establishes a policy for eligible renewable
energy resources and zero -carbon resources to supply 100 percent of electricity retail
sales to California end -use customers by 2045.
3. The purposes for the Founding Members (as such term is defined in Exhibit A) entering
into this Agreement include procuring/developing electrical energy for customers in
participating jurisdictions, addressing climate change by reducing energy -related
greenhouse gas emissions, promoting electrical rate price stability, and fostering local
economic benefits such as job creation, local energy programs and local power
development. It is the intent of this Agreement to promote the development and use of a
wide range of renewable energy sources and energy efficiency programs, including but
not limited to State, regional, and local solar and wind energy production and energy
storage.
4. The Parties to this Agreement desire to establish a separate public agency, known as the
San Diego Regional Community Choice Energy Authority ("Authority"), under the
provisions of the Joint Exercise of Powers Act of the State of California (Government
Code Section 6500 et seq.) ("Act") in order to collectively study, promote, develop,
conduct, operate, and manage energy programs.
5. The Founding Members have each adopted an ordinance electing to implement through
the Authority a Community Choice Aggregation program pursuant to California Public
Utilities Code Section 366.2 ("CCA Program"). The first priority of the Authority will be
the consideration of those actions necessary to implement the CCA Program on behalf of
participating jurisdictions.
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6. By establishing the Authority, the Parties seek to:
(a) Provide electricity service to residents and businesses located within the municipal
boundaries of the public agencies that signed on to this agreement in a responsible,
reliable, innovative, and efficient manner;
(b) Provide electric generation rates to all ratepayers that are lower or at least
competitive with those offered by the Investor Owned Utility (IOU), San Diego Gas
& Electric (SDG&E), for similar products;
(c) Offer differentiated energy products for standard commodity electric service that
provide a cleaner power portfolio than that offered by the IOU for similar service
and a 100 percent renewable content option in which communities and customers
may "opt -up" and voluntarily participate, with the ultimate objective of achieving —
and sustaining-100 percent renewable energy availability and usage, at competitive
rates, within the Authority service territory by no later than 2035, and then beyond;
(d) Develop an aggregate electric supply portfolio with overall lower greenhouse gas
(GHG) emissions than the IOU, and one that supports near -term achievement of the
Parties' greenhouse gas reduction goals and renewable electricity goals;
(e) Prioritize the use and development of local, cost-effective renewable and distributed
energy resources in ways that encourage and support local power development and
storage, avoids the use of unbundled renewable energy credits, and excludes coal
and avoids nuclear contracts;
(f)
(g)
Promote an energy portfolio that incorporates energy efficiency and demand
response programs and pursues ambitious energy consumption reduction goals;
Provide a range of energy product and program options, available to all Parties and
customers, that best serve their needs, their local communities, and support regional
sustainability efforts.
(h) Demonstrate quantifiable economic benefits to the region including prevailing wage
jobs, local workforce development, economic development programs, new energy
programs, and increased local energy investments;
(i)
To the extent authorized by law, support a stable, skilled, and trained workforce
through a variety of mechanisms, including neutrality agreements, that are designed
to ensure quality workmanship at fair and competitive rates and which benefit local
residents by delivering cost-effective clean energy programs and projects;
(j) Promote supplier and workforce diversity, including returning veterans and those
from regional disadvantaged and under -represented communities of concern, to
reflect the diversity of the region;
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(k) Promote personal and community ownership of renewable generation and energy
storage resources, spurring equitable economic development and increased resilience
throughout the region.
(1) Ensure that low-income households are provided with affordable electric rates and
have access to special utility rates including California Alternative Rates for Energy
(CARE) and Family Electric Rate Assistance (FERA) programs;
(m)
Pursue purposeful and focused investment in communities of concern, prioritization
of local renewable power, workforce development, and policies and programs
centered on economic, environmental, and social equity.
(n) Use discretionary program revenues to support the Authority's long-term financial
viability, enhance customer rate stability, and provide all Parties and their customers
with access to innovative energy programs, projects and services throughout the
region; and
(o) Create an administering Authority that is financially sustainable, responsive to
regional priorities, well -managed, and a leader in fair and equitable treatment of
employees through adopting appropriate best practice employment policies,
including but not limited to efficient consideration of petitions to unionize,
participating in collective bargaining, if applicable, and providing appropriate wages
and benefits.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual promises, covenants, and conditions
hereinafter set forth, it is agreed by and among the Parties as follows:
1. DEFINITIONS AND EXHIBITS
1.1 Definitions. Capitalized terms used in this Agreement shall have the meanings
specified in Exhibit A, unless the context requires otherwise.
1.2 Documents Included. This Agreement consists of this document and the
following exhibits, all of which are hereby incorporated into this Agreement:
Exhibit A: Definitions
Exhibit B: List of Founding Members
Exhibit C: Annual Energy Use by Jurisdiction
Exhibit D: Voting Shares of Founding Members
Exhibit E: Signatures
2. FORMATION OF THE SAN DIEGO REGIONAL COMMUNITY CHOICE ENERGY
AUTHORITY
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2.1 Effective Date and Term. This Agreement shall become effective and the
Authority shall exist as a separate public agency on the date this Agreement is
executed by the City of San Diego and at least one other public agency after the
adoption of the ordinances required by Public Utilities Code Section 366.2(c)(12).
The Authority shall provide notice to the Parties of the Effective Date. The
Authority shall continue to exist, and this Agreement shall be effective, until the
Agreement is terminated in accordance with Section 8.4 (Mutual Termination) of
this Agreement, subject to the rights of the Parties to withdraw from the
Authority, pursuant to Section 8.1.
2.2 Formation of the Authority. Under the Act, the Parties hereby create a separate
joint exercise of power agency which is named San Diego Regional Community
Choice Energy Authority. Pursuant to Sections 6506 and 6507 of the Act, the
Authority is a public agency separate from the Parties. The jurisdiction of the
Authority shall be all territory within the geographic boundaries of the Parties;
however, the Authority may, as authorized under applicable law, undertake any
action outside such geographic boundaries as is necessary and incidental to the
accomplishment of its purpose.
2.3 Purpose. The purpose and objectives of this Agreement are to establish the
Authority, to provide for its governance and administration, and to define the
rights and obligations of the Parties. This Agreement authorizes the Authority to
provide opportunities by which the Parties can work cooperatively to create
economies of scale, provide for stronger regulatory and legislative influence at the
State level, and implement sustainable energy initiatives that reduce energy
demand, increase energy efficiency, and advance the use of clean, efficient, and
renewable resources in the region for the benefit of all the Parties and their
constituents, including, but not limited to, establishing and operating a
Community Choice Aggregation program.
2.4 Addition of Parties. After the initial formation of the Authority by the Founding
Members, any incorporated municipality, county, or other public agency
authorized to be a community choice aggregator under Public Utilities Code
Section 331.1 located within the service territory of the IOU may apply to and
become a member of the Authority if all the following conditions are met:
2.4.1 The adoption by a two-thirds vote of the Board satisfying the requirements
described in Section 4.11 (Board Voting) of this Agreement, of a
resolution authorizing membership into the Authority;
2.4.2 The adoption by the public agency of a CCA ordinance as required by
Public Utilities Code Section 366.2(c)(12) and approval and execution of
this Agreement and other necessary program agreements by the public
agency;
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2.4.3 Payment of a membership fee, if any, as may be required by the Board to
cover Authority costs incurred in connection with adding the new party;
and
2.4.4 Satisfaction of any other reasonable conditions established by the Board.
Pursuant to this Section 2.4 (Addition of Parties), all Parties shall be
required to commence electric service as soon as is practicable within
statutory and regulatory requirements, as determined by the Board and
Authority management, as a condition to becoming a Party to this
Agreement.
2.5 Continuing Participation. The Parties acknowledge that membership in the
Authority may change by the addition, withdrawal and/or termination of Parties.
The Parties agree to participate with such other Parties as may later be added by
the Board, as described in Section 2.4 (Addition of Parties) of this Agreement.
The Parties also agree that the withdrawal or termination of a Party shall not
affect this Agreement or the remaining Parties' continuing obligations under this
Agreement.
3. POWERS
3.1 General Powers. The Authority shall have the powers common to the Parties
which are necessary or appropriate to the accomplishment of the purposes of this
Agreement, subject to the restrictions set forth in Section 3.4 (Limitation on
Powers) of this Agreement.
3.2 Specific Powers. Specific powers of the Authority shall include, but not be
limited to, each of the following powers, which may be exercised at the discretion
of the Board:
3.2.1 make and enter into contracts;
3.2.2 employ agents and employees, including but not limited to a Chief
Executive Officer;
3.2.3 acquire, own, contract, manage, maintain, and operate any buildings,
public works, improvements or other assets including but not limited to
public electric generation resources;
3.2.4 acquire property for electric generation/interconnection purposes by
eminent domain, or otherwise, except as limited under Section 6508 of the
Act and Sections 3.6 and 4.12.3 of this Agreement, and to hold or dispose
of any property; provided, however, the Authority shall not exercise the
power of eminent domain within the jurisdiction of a Party over its
obj ection;
3.2.5 lease any property;
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3.2.6 sue and be sued in its own name;
3.2.7 incur debts, liabilities, and obligations, including but not limited to loans
from private lending sources pursuant to its temporary borrowing powers
authorized by law pursuant to Government Code Section 53850 et seq. and
authority under the Act;
3.2.8 issue revenue bonds and other forms of indebtedness;
3.2.9 apply for, accept, and receive all licenses, permits, grants, loans or other
aids from any federal, state or local public agency;
3.2.10 form independent corporations or entities, if necessary, to carry out energy
supply and energy conservation programs at the lowest possible cost or to
take advantage of legislative or regulatory changes;
3.2.11 submit documentation and notices, register, and comply with orders,
tariffs and agreements for the establishment and implementation of the
CCA Program and other energy programs;
3.2.12 adopt rules, regulations, policies, bylaws and procedures governing the
operation of the Authority;
3.2.13 make and enter into service agreements relating to the provision of
services necessary to plan, implement, operate and administer the CCA
Program and other energy programs, including the acquisition of electric
power supply and the provision of retail and regulatory support services;
3.2.14 enter into neutrality agreements where the Authority has a proprietary or
significant financial interest, negotiate project labor agreements,
community benefits agreements and collective bargaining agreements with
the local building trades council and other interested parties; and
3.2.15 receive revenues from sale of electricity and other energy -related
programs.
3.3 Additional Powers to be Exercised. In addition to those powers common to
each of the Parties, the Authority shall have those powers that may be conferred
upon it by law and by subsequently enacted legislation.
3.4 Limitation on Powers. As required by Section 6509 of the Act, the powers of
the Authority are subject to the restrictions upon the manner of exercising power
possessed by the City of Encinitas and any other restrictions on exercising the
powers of the Authority that may be adopted by the Board.
3.5 Obligations of the Authority. The debts, liabilities, and obligations of the
Authority shall not be the debts, liabilities, and obligations of any of the Parties
unless a Party agrees in writing to assume any of the debts, liabilities, and
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obligations of the Authority with the approval of its Governing Body, in its sole
discretion. In addition, pursuant to the Act, no Director shall be personally liable
on the bonds or subject to any personal liability or accountability by reason of the
issuance of bonds.
3.6 Compliance with Local Zoning and Building Laws. Notwithstanding any other
provisions of this Agreement or state law, any facilities, buildings or structures
located, constructed or caused to be constructed by the Authority within the
territory of the Authority shall comply with the General Plan, zoning and building
laws of the local jurisdiction within which the facilities are constructed.
3.7 Compliance with the Political Reform Act and Government Code
Section 1090. The Authority and its officers and employees shall comply with
the Political Reform Act (Government Code Section 81000 et seq.) and
Government Code Section 1090 et seq. The Board shall adopt a Conflict of
Interest Code pursuant to Government Code Section 87300. The Board may
adopt additional conflict of interest regulations in the Operating Policies and
Procedures.
4. GOVERNANCE
4.1 Board of Directors.
4.1.1 The Governing Body of the Authority shall be a Board of Directors
("Board") consisting of two Directors for each Party appointed in
accordance with Section 4.2 (Appointment and Removal of Directors) of
this Agreement until there are five or more Parties of the Authority. When
the fifth Party joins the Authority, the number of Directors per Party shall
be reduced to one Director per Party; each Party shall determine which
Director shall be that Party's representative on the Board within 45 days of
the date the fifth Party joins the Authority.
4.1.2 Each Director(s) must be a member of the Governing Body of the
appointing Party. Each Director shall serve at the pleasure of the
Governing Body of the Party whom appointed such Director and may be
removed as Director by such Governing Body at any time. If at any time a
vacancy occurs on the Board, then a replacement shall be appointed to fill
the position of the previous Director within 45 days after the date that
position becomes vacant.
4.1.3 Once the Authority reaches five members and becomes governed by a
single appointed Director for each Party, then the Governing Body of each
Party shall appoint an alternate to serve in the absence of the primary
Director. The alternate is not required to be a member of the Governing
Body of the appointing Party. The alternate shall have all the rights and
responsibilities of the primary Director when serving in his/her absence.
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4.1.4 Any change to the size and composition of the Board other than what is
described in this section shall require amendment of this Joint Powers
Agreement in accordance with Section 4.12.
4.2 Appointment and Removal of Directors. The Directors shall be appointed and
may be removed as follows:
4.2.1 The Governing Body of each Party shall appoint and designate in writing
two regular Directors if there are four or fewer Parties to this Agreement,
or one regular Director if there are five or more Parties to this Agreement,
who shall be authorized to act for and on behalf of the Party on matters
within the powers of the Authority. The Governing Body of each Party
shall appoint and designate in writing one alternate Director if there are
five or more Parties in the Authority who may vote on matters when the
regular Director is absent from a Board meeting. The alternate Director
may vote on matters in committee, chair committees, and fully participate
in discussion and debate during meetings. All Directors and alternates
shall be subject to the Board's adopted Conflict of Interest Code.
4.2.2 The Authority's policies and procedures, to be developed and approved by
the Board, pursuant to Section 3.2.12, shall specify the reasons for and
process associated with the removal of an individual Director for cause.
Notwithstanding the foregoing, no Party shall be deprived of its right to
seat a Director on the Board and any such Party for which its Director
and/or alternate Director have been removed may appoint a replacement.
4.3 Director Compensation. The Board may adopt by resolution a policy relating to
the compensation of its Directors.
4.4 Terms of Office. Each Party shall determine the term of office for their regular
and alternate Director.
4.5 Purpose of Board. The general purpose of the Board is to:
4.5.1 Provide structure for administrative and fiscal oversight;
4.5.2 Retain a Chief Executive Officer to oversee day-to-day operations of the
Authority;
4.5.3 Retain legal counsel;
4.5.4 Identify and pursue funding sources;
4.5.5 Set policy;
4.5.6 Maximize the utilization of available resources; and
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4.5.7 Oversee all Committee activities.
4.6 Specific Responsibilities of the Board. The specific responsibilities of the
Board shall be as follows:
4.6.1 Identify Party and ratepayer needs and requirements;
4.6.2 Formulate and adopt an annual budget prior to the commencement of the
fiscal year;
4.6.3 Develop and implement a financing and/or funding plan for ongoing
Authority operations and capital improvements, if applicable;
4.6.4 Retain necessary and sufficient staff and adopt personnel and
compensation policies, rules and regulations;
4.6.5 Develop a workforce policy that promotes a local, sustainable, and
inclusive workforce;
4.6.6 Adopt policies for procuring electric supply and operational needs such as
professional services, equipment and/or supplies;
4.6.7 Develop and implement a Strategic Plan to guide the development,
procurement, and integration of renewable energy resources consistent
with the intent and priorities identified in this Agreement;
4.6.8 Adopt rules for the disposal of surplus property;
4.6.9 Establish standing and ad hoc committees as necessary to ensure that the
interests of the Authority and concerns of each Party are represented to
ensure effective operational, technical, and financial functioning of the
Authority and monitor the distribution and usage of Authority programs
and benefits throughout the Authority's service territory;
4.6.10 The setting of retail rates for power sold by the Authority and the setting
of charges for any other category of retail service provided by the
Authority;
4.6.11 To wind up and resolve all obligations of the Authority in the event the
Authority is terminated pursuant to Section 8.2;
4.6.12 Address any concerns of consumers and customers;
4.6.13 Conduct and oversee Authority operational audits at intervals not to
exceed three years including review of customer access to Authority
programs and benefits, where applicable;
4.6.14 Arrange for an annual independent fiscal audit;
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4.6.15 Adopt such bylaws, rules and regulations as are necessary or desirable for
the purposes hereof; provided that nothing in the bylaws, rules and
regulations shall be inconsistent with this Agreement;
4.6.16 Exercise the Specific Powers identified in Sections 3.2 and 4.6 except as
those which the Board may elect to delegate to the Chief Executive
Officer; and
4.6.17 Discharge other duties as appropriate and/or required by law.
4.7 Startup Responsibilities. The Authority shall have the duty to do the following
within one year of the Effective Date of the Agreement:
4.7.1 Oversee the preparation of, adopt, and update an implementation plan,
pursuant to Public Utilities Code Section 366.2(c)(3), for electrical load
aggregation;
4.7.2 Prepare a statement of intent, pursuant to Public Utilities Code
Section 366.2(c)(4), for electrical load aggregation;
4.7.3 Encourage other qualified public agencies to participate in the Authority;
4.7.4 Obtain financing and/or funding as is necessary to support start up and
ongoing working capital;
4.7.5 Evaluate the need for, acquire, and maintain insurance;
4.7.6 Consider and take action on the assumption of City of San Diego
consulting and services agreements related to the Authority's start up and
implementation activities, subject to the City of San Diego continuing to
advance payment, or if another source is secured by the JPA, until such
time as an agreement is executed for payment of Initial Costs as specified
under Section 7.3.2.
4.8 Meetings and Special Meetings of the Board. The Board shall hold at least four
regular meetings per year, but the Board may provide for the holding of regular
meetings at more frequent intervals. The date, hour, and place of each regular
meeting shall be fixed annually by resolution of the Board. The location of
regular meetings may rotate for the convenience of the Parties, subject to Board
approval and availability of appropriate meeting space. Regular meetings may be
adjourned to another meeting time. Special meetings of the Board may be called
in accordance with the provisions of Government Code Section 54956. Directors
may participate in meetings telephonically, with full voting rights, only to the
extent permitted by law. Board meeting agendas generally shall be set, in
consultation with the Board Chair, by the Chief Executive Officer appointed by
the Board pursuant to Section 5.5. The Board itself may add items to the agenda
upon majority vote pursuant to Section 4.11.1.
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4.9 Brown Act Applicable. All meetings of the Board shall be conducted in
accordance with the provisions of the Ralph M. Brown Act (Government Code
Section 54950, et seq.).
4.10 Quorum. A simple majority of the Directors shall constitute a quorum. No
actions may be taken by the Board without a quorum of the Directors present. If a
Party fails to be represented by a Director(s) or alternate Director in more than
one meeting in a 12-month period, the Board may take action by publicly noticing
the Party that they are at risk of lack of representation within the Authority.
4.11 Board Voting.
4.11.1 Equal Vote. Once a quorum has been established, in general, except when
Special Voting is expressly required pursuant to Section 4.12 hereof,
Board action shall require votes of a majority of the total number of the
Directors of the Board. All votes taken pursuant to this Section 4.11.1
shall be referred to as an "Equal Vote." The consequence of a tie vote
shall generally be "no action" taken. Notwithstanding the foregoing, an
"Equal Vote" may be subject to a "Voting Shares Vote" as provided in
Section 4.11.2, below.
4.11.2 Voting Shares Vote. At the same meeting at which an Equal Vote
action was taken, three or more Directors shall have the right to
request and have conducted a "Voting Shares Vote" to reconsider that
action. Approval of a proposed action by a Voting Shares Vote to
reconsider an Equal Vote action shall require the affirmative vote of
Directors representing a two-thirds supermajority (66.7%) of the
"Voting Shares" cast. The formula and process for allocating Voting
Shares is set forth in Section 4.11.3, below. If a Voting Shares Vote
for reconsideration fails, the legal effect is to affirm the Equal Vote
with respect to which the Voting Shares Vote was taken. If the
Voting Shares Vote succeeds, the legal effect is to nullify the Equal
Vote with respect to which the Voting Shares Vote was taken. If the
underlying Equal Vote was a tie, the Voting Shares Vote replaces that
tie vote. No action may be taken solely by a Voting Shares Vote
without first having taken an Equal Vote.
4.11.3 Voting Shares Vote Formula and Process. For the process of a Voting
Shares Vote, each Director shall have a Voting Share as determined by the
following formula: (Annual Energy Use/Total Annual Energy) multiplied
by 100, where:
(a) "Annual Energy Use" means, (i) with respect to the first year
following the Effective Date, the annual electricity usage,
expressed in kilowatt hours ("kWh"), within the Party's respective
jurisdiction and (ii) with respect to the period after the first
anniversary of the Effective Date, the annual electricity usage,
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(b)
expressed in kWh, of accounts within a Party's respective
jurisdiction that are served by the Authority; and
"Total Annual Energy" means the sum of all Parties' Annual
Energy Use. The initial values for Annual Energy Use will be
designated in Exhibit C and shall be adjusted annually as soon as
reasonably practicable after January 1, but no later than March 1 of
each year. These adjustments shall be approved by the Board.
The combined voting share of all Directors representing a Party
shall be based upon the annual electricity usage within the Party's
jurisdiction. If a Party has two Directors, then the voting shares
allocated to that Party shall be equally divided between its two
Directors.
The initial voting shares will be set forth in Exhibit D. Exhibit D
shall be revised no less than annually as necessary to account for
changes in the number of Parties and changes in the Parties'
Annual Energy Use. Exhibit D and adjustments shall be approved
by the Board.
Notwithstanding the formula for Voting Shares set forth above, for
the purposes of the Voting Shares Vote, no one Party to this
Agreement shall have a Director (or Directors, as the case may be)
with a Voting Share that exceeds 49%, regardless of the Party's
actual annual electric usage. If a Party would have a voting share
that exceeds 49%, the excess above 49% shall be distributed
among the other Parties in accordance with their relative annual
electricity usage, as shown in Exhibit D.
4.12 Special Voting.
4.12.1 Except as provided below, matters that require Special Voting as
described in this section shall require 72 hours prior notice to any Brown
Act meeting or special meeting.
4.12.2 Two-thirds vote (or such greater vote as required by state law) of the
appointed Directors shall be required to take any action on the following:
(a) Issue bonds or other forms of debt;
(b) Adding or removing Parties;
(c) Amend or terminate this Agreement or adopt or amend the bylaws
of the Authority. At least 30 days advance notice shall be provided
for such actions. The Authority shall also provide prompt written
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notice to all Parties of the action taken and enclose the adopted or
modified documents; and
4.12.3 Three -Fourths Vote shall be required to initiate any action for Eminent
Domain
4.12.4 Matters requiring Special Voting under the terms of this Section shall not
be subject to Voting Shares Voting pursuant to Section 4.11.2, above.
5. INTERNAL ORGANIZATION
5.1 Elected and Appointed Officers. For each fiscal year, the Board shall elect a
Chair and Vice Chair from among the Directors and shall appoint a Secretary and
a Treasurer as provided in Government Code section 6505.5. No Director may
hold more than one such office at any time and elected officers shall represent
different Parties of the Authority. Appointed officers shall not be elected officers
of the Board.
5.2 Chair and Vice Chair. For each fiscal year, the Board shall elect a Chair and
Vice Chair from among the Directors. The term of office of the Chair and Vice
Chair shall continue for one year, but there shall be no limit on the number of
terms held by either the Chair or Vice Chair. The Chair shall be the presiding
officer of all Board meetings, and the Vice Chair shall serve in the absence of the
Chair. The Chair shall perform duties as may be imposed by the Board. In the
absence of the Chair, the Vice -Chair shall perform all of the Chair's duties. The
office of the Chair or Vice Chair shall be declared vacant and a new selection
shall be made if: (a) the person serving dies, resigns, or the Party that the person
represents removes the person as its representative on the Board, or (b) the Party
that he or she represents withdraws from the Authority pursuant to the provisions
of this Agreement. Upon a vacancy, the position shall be filled at the next
regular meeting of the Board held after such vacancy occurs or as soon as
practicable thereafter. Succeeding officers shall perform the duties normal to said
offices.
5.3 Secretary. The Board shall appoint a qualified person who is not on the Board to
serve as Secretary. The Secretary shall be responsible for keeping the minutes of
all meetings of the Board and all other office records of the Authority. If the
appointed Secretary is an employee of any Party, such Party shall be entitled to
reimbursement for any documented out of pocket costs it incurs in connection
with such employee's service as Secretary of the Authority, and full cost recovery
for any documented hours of service provided by such employee during such
Party's normal working hours.
5.4 Treasurer/Chief Financial Officer and Auditor. The Board of Directors shall
appoint a Treasurer who shall function as the combined offices of Treasurer and
Auditor and shall strictly comply with the statutes related to the duties and
responsibilities specified in Section 6505.5 of the Act. The Treasurer for the
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Authority shall be the depository and have custody of all money of the Authority
from whatever source and shall draw all warrants and pay demands against the
Authority as approved by the Board. The Treasurer shall cause an independent
audit(s) of the finances of the Authority to be made by a certified public
accountant, or public accountant, in compliance with Section 6505 of the Act.
The Treasurer shall report directly to the Board and shall comply with the
requirements of treasurers of incorporated municipalities. The Board may
transfer the responsibilities of Treasurer to any qualified person or entity as the
law allows at the time. The duties and obligations of the Treasurer are further
specified in Section 7. The Treasurer shall serve at the pleasure of the Board. If
the appointed Treasurer is an employee of any Party, such Party shall be entitled
to reimbursement for any documented out of pocket costs it incurs in connection
with such employee's service as Treasurer of the Authority, and full cost recovery
for any documented hours of service provided by such employee during such
Party's normal working hours.
5.5 Chief Executive Officer. The Board shall appoint a Chief Executive Officer for
the Authority, who shall be responsible for the day-to-day operation and
management of the Authority and the CCA Program. The Board shall appoint a
qualified person, hired through a transparent, competitive process, to act as the
Chief Executive Officer; he or she may not be an elected member of the Board or
otherwise representing any Party to the Authority. The Chief Executive Officer
may exercise all powers of the Authority, except those powers specifically
reserved to the Board including but not limited to those set forth in Section 4.6
(Specific Responsibilities of the Board) of this Agreement or the Authority's
bylaws, or those powers which by law must be exercised by the Board. The Chief
Executive Officer may enter into and execute power purchase agreements and
other contracts, in accordance with criteria and policies established by the Board.
5.6 General Counsel. The Board shall appoint a qualified person to act as the
Authority's General Counsel, who shall not be a member of the Board, or an
elected official or employee of a Party.
5.7 Bonding of Persons Having Access to Property. Pursuant to the Act, the Board
shall designate the public officer or officers or person or persons who have charge
of, handle, or have access to any property of the Authority exceeding a value as
established by the Board, and shall require such public officer or officers or
person or persons to file an official bond in an amount to be fixed by the Board.
5.8 Other Employees/Agents. The Board shall have the power by resolution to hire
employees or appoint or retain such other agents, including officers, loan -out
employees, or independent contractors, as may be necessary or desirable to carry-
out the purpose of this Agreement, pursuant to terms and conditions adopted by
the Board.
5.9 Privileges and Immunities from Liability. All of the privileges and immunities
from liability, exemption from laws, ordinances and rules, all pension, relief,
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disability, workers' compensation and other benefits which apply to the activities
of officers, agents or employees of a public agency when performing their
respective functions shall apply to the officers, agents or employees of the
Authority to the same degree and extent while engaged in the performance of any
of the functions and other duties of such officers, agents or employees under this
Agreement. None of the officers, agents or employees directly employed by the
Board shall be deemed, by reason of their employment by the Authority to be
employed by the Parties or by reason of their employment by the Authority, to be
subject to any of the requirements of the Parties.
5.10 Commissions, Boards and Committees. The Board may establish any advisory
commissions, boards, and committees as the Board deems appropriate to assist the
Board in carrying out its functions and implementing the CCA Program, related
energy programs, and the provisions of this Agreement. To the extent possible,
the commissions, boards, and committees should have equal representation from
each Party. The Board may establish criteria to qualify for appointment on said
commissions, boards, and committees. The Board may establish rules,
regulations, policies, or procedures to govern any such commissions, boards, or
committees and shall determine whether members shall be compensated or
entitled to reimbursement for expenses.
5.10.1 Executive Committee. The Board may establish an executive committee
consisting of a subset of its Directors. The Board may delegate to the
Executive Committee such authority as the Board might determine
appropriate to serve as a liaison between the Board and the Chief
Executive Officer and to make recommendations to the Board regarding
the operations of the Authority. Notwithstanding the foregoing, the Board
may not delegate authority regarding essential Board functions, including
but not limited to, approving the fiscal year budget or hiring or firing the
Chief Executive Officer, and other functions as provided in the Authority
bylaws or policies. Further, the Board may not delegate to the Executive
Committee, or any other committee, the Board's authority under Section
3.2.12 to adopt and amend Authority policies and procedures.
5.10.2 Finance and Risk Management Committee. The Board shall establish a
finance and risk management committee consisting of a subset of its
Directors. The primary purpose of the Finance and Risk Management
Committee is to review and recommend to the Board:
(a) A funding plan;
(b) A fiscal year budget; and
(c) Financial policies and procedures to ensure equitable contributions
by Parties; and
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The Finance and Risk Management Committee may have such
other responsibilities as may be approved by the Board, including
but not limited to advising the Chief Executive Officer on fiscal
and risk management policies and procedures, rules and
regulations governing investment of surplus funds, audits to
achieve best practices in corporate governance and selection and
designation of financial institutions for deposit of Authority funds,
and credit/depository matters.
5.10.3 Community Advisory Committee. The Board shall establish a Community
Advisory Committee comprised of non -Board members. The primary
purpose of the Community Advisory Committee shall be to advise the
Board of Directors and provide for a venue for ongoing citizen support
and engagement in the strategic direction, goals, and programs of the
Authority. The Community Advisory Committee is advisory only, and
shall not have decision -making authority, nor receive any delegation of
authority from the Board of Directors. Each Party may nominate a
committee member(s) and the Board shall determine the final selection of
committee members, who should represent a diverse cross-section of
interests, skills sets and geographic regions.
5.10.4 Technical Advisory Committee. The Board may establish a Technical
Advisory Committee comprised of non -Board members. The primary
purpose of the Technical Advisory Committee shall be to advise the Board
of Directors and provide the Authority with technical support and
engagement in the energy -related operations of the Authority,
supplementing the expertise of the Authority staff, independent
contractors, and consultants. Each Party may nominate a committee
member(s) and the Board shall determine the final selection of committee
members, who should have significant expertise in electric markets,
programs, procurement, regulatory and legislative engagement, and/or
energy law.
5.10.5 Meetings of the Advisory Committees. All meetings of the committees
shall be held in accordance with the Brown Act. For the purposes of
convening meetings and conducting business, unless otherwise provided
in the bylaws, a majority of the members of the committee shall constitute
a quorum for the transaction of business, except that less than a quorum or
the secretary of each committee may adjourn meetings from time -to -time.
As soon as practicable, but no later than the time of posting, the Secretary
of the committee shall provide notice and the agenda to each Party,
Director(s), and Alternate Director(s).
5.10.6 Officers of Advisory Committees. Unless otherwise determined by the
Board, each Committee shall choose its officers, comprised of a Chair, a
Vice Chair, and a Secretary.
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6. IMPLEMENTATION ACTION AND AUTHORITY DOCUMENTS
6.1 Preliminary Implementation of the CCA Program.
6.1.1 Enabling Ordinance. In addition to the execution of this Agreement, each
Party shall adopt an ordinance in accordance with Public Utilities Code
Section 366.2(c)(12) for the purpose of specifying that the Party intends to
implement a CCA Program by and through its participation in the
Authority.
6.1.2 Implementation Plan. The Authority shall cause to be prepared and secure
Board approval of an Implementation Plan meeting the requirements of
Public Utilities Code Section 366.2 and any applicable Public Utilities
Commission regulations, and consistent with the terms of this Agreement,
as soon after the Effective Date as reasonably practicable.
6.2 Authority Documents. The Parties acknowledge and agree that the affairs of the
Authority will be implemented through various documents duly adopted by the
Board through Board resolution or minute action, including but not necessarily
limited to operational procedures and policies, the annual budget, and specific
plans such as a local renewable energy development and integration plan and
other policies defined as the Authority Documents by this Agreement. All such
Authority Documents shall be consistent with and designed to advance the goals
and objectives of the Authority as expressed in this Agreement. The Parties agree
to abide by and comply with the terms and conditions of all such Authority
Documents that may be adopted by the Board, subject to the Parties' right to
withdraw from the Authority as described in Section 8 (Withdrawal and
Termination) of this Agreement.
6.3 Integrated Resource Plan and Regulatory Compliance. The Authority shall
cause to be prepared an Integrated Resource Plan in accordance with California
Public Utilities Commission regulations, and consistent with the terms of this
Agreement, that will ensure the long-term development and administration of a
variety of energy programs that promote local renewable resources, conservation,
demand response, and energy efficiency, while maintaining compliance with
other regulatory requirements including the State Renewable Portfolio Standard
(RPS) and customer rate competitiveness. The Authority shall prioritize the
development of cost competitive clean energy projects in San Diego and adjacent
counties.
6.4 Renewable Portfolio Standards. The Authority shall provide its customers
energy primarily from Category 1 eligible renewable resources, as defined under
the California RPS and consistent with the goals of the CCA Program. The
Authority shall avoid the procurement of energy from Category 2 or 3 eligible
renewable resources (unbundled Renewable Energy Credits or RECs) to the
extent feasible. The Authority's ultimate objective shall be to achieve— and
sustain —a renewable energy portfolio with 100 percent renewable energy
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availability and usage, at competitive rates, within the Authority service territory
by no later than 2035, and then beyond.
7. FINANCIAL PROVISIONS
7.1 Fiscal Year. The Authority's fiscal year shall be 12 months commencing July 1
and ending June 30. The fiscal year may be changed by Board resolution.
7.2 Depository.
7.2.1 All funds of the Authority shall be held in separate accounts in the name
of the Authority and not commingled with funds of any Party or any other
person or entity.
7.2.2 All funds of the Authority shall be strictly and separately accounted for,
and regular reports shall be rendered of all receipts and disbursements, at
least quarterly during the fiscal year. The books and records of the
Authority shall be open to inspection and duplication by the Parties at all
reasonable times. Annual financial statements shall be prepared in
accordance with Generally Accepted Accounting Principles of the United
States of America within 6 months of the close of the fiscal year. The
Board shall contract with a certified public accountant to make an annual
audit of the financial statements of the Authority, which shall be
conducted in accordance with the requirements of Section 6505 of the Act.
7.2.3 All expenditures shall be made in accordance with the approved budget
and upon the approval of any officer so authorized by the Board in
accordance with its policies and procedures.
7.3 Budget and Recovery Costs.
7.3.1 Budget. The initial budget shall be approved by the Board. The Board
may revise the budget from time to time as may be reasonably necessary
to address contingencies and unexpected expenses. All subsequent
budgets of the Authority shall be prepared and approved by the Board in
accordance with its fiscal management policies that should include a
deadline for approval.
7.3.2 Funding of Initial Costs.
(a) The City of San Diego shall fund the Initial Costs of establishing
the Authority and implementing its CCA Program. In the event
that the CCA Program becomes operational, the City of San Diego
will be reimbursed for its Initial Costs on the terms set forth in this
Section. The City shall first submit to the Founding Members a
description of the types of costs, cost estimates, and interest for
which it expects reimbursement. Reimbursable costs shall include,
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(b)
but not limited to, repayment of hard costs associated with CCA
vendor contracts and Authority formation, reimbursement for the
portion of staff costs associated with managing Authority and
program formation and other out-of-pocket expenses directly
attributable to the implementation of CCA through the Authority.
The City will meet and confer with Founding Members in the
development of its proposal for reimbursement to the Authority.
The amount and the terms for City reimbursement shall be subject
to the approval of the Authority Board. The Authority Board may
establish a reasonable time period over which such Initial Costs are
recovered once Authority revenues commence. In the event that
the CCA Program does not become operational, to the extent
Authority funds are available the City of San Diego may be
reimbursed in accordance with section 8.6 of this Agreement.
The Authority shall also reimburse Founding Members for their
Initial Costs in supporting the implementation of the Authority
pursuant to the execution of an agreement specifying the services
provided and their related costs. The Authority may establish
reasonable costs and a reasonable time period over which such
costs are recovered once Authority revenues commence. The
Authority shall not provide for staff time costs or on -going cost
reimbursement to Parties once the Authority becomes fully
operational unless a specific Agreement between the Authority and
the Party for specified services not otherwise provided by
Authority staff has been approved by the Board.
7.3.3 Program Costs. The Parties desire that, to the extent reasonably
practicable, all costs incurred by the Authority that are directly or
indirectly attributable to the provision of electric services under the CCA
Program, including the establishment and maintenance of various reserve
and performance funds, shall be recovered through appropriate charges to
CCA customers receiving such electric services.
7.3.4 No Requirement for Contributions or Payments. Parties are not required
under this Agreement to make any financial contributions or payments to
the Authority, and the Authority shall have no right to require such a
contribution or payment unless expressly set forth herein (for example, as
provided in Section 2.4.3, with respect to Additional Members and
provided in Section 8.1, with respect to Withdrawal), or except as
otherwise required by law.
Notwithstanding the foregoing, a Party may volunteer to provide, or
negotiate terms with the Authority to provide the following:
(a) contributions from its treasury for the purposes set forth in this
Agreement;
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(b) payments of public funds to defray the cost of the purposes of the
Agreement and Authority;
(c) advances of public funds for such purposes, such advances to be
repaid as provided by written agreement; or
(d) its personnel, equipment or property in lieu of other contributions
or advances.
Any agreement with the Authority to provide any of the above -referenced
contributions or payments shall require a Special Vote of the Board
pursuant to Section 4.12.2.
No Party shall be required, by or for the benefit of the Authority, to adopt
any local tax, assessment, fee or charge under any circumstances.
7.4 Accounts and Reports. The Treasurer shall establish and maintain such funds
and accounts as may be required by good accounting practice or by any provision
of any trust agreement entered into with respect to the proceeds of any bonds
issued by the Authority. The books and records of the Authority in the hands of
the Treasurer shall be open to inspection and duplication at all reasonable times
by duly appointed representatives of the Parties. The Treasurer, within 180 days
after the close of each fiscal year, shall give a complete written report of all
financial activities for such fiscal year to the Parties. The Treasurer shall
cooperate with all regular audits required by Section 4.6.11 and 4.6.12.
7.5 Funds. The Treasurer shall receive, have custody of and/or disburse Authority
funds in accordance with the laws applicable to public agencies and generally
accepted accounting practices, and shall make the disbursements required by this
Agreement in order to carry out any of the purposes of this Agreement.
8. WITHDRAWAL AND TERMINATION
8.1 Withdrawal
8.1.1 Withdrawal by Parties. Any Party may withdraw its membership in
the Authority, effective as of the beginning of the Authority's fiscal
year, by giving no less than 180 days advance written notice of its
election to do so, which notice shall be given to the Authority and
each Party. Withdrawal of a Party shall require an affirmative vote of
the Party's Governing Body.
8.1.2 Amendment. Notwithstanding Section 8.1.1 (Withdrawal by Parties)
of this Agreement, a Party may withdraw its membership in the
Authority upon approval and execution of an amendment to this
Agreement provided that the requirements of this Section 8.1.2 are
strictly followed. A Party shall be deemed to have withdrawn its
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membership in the Authority effective 180 days after the Board
approves an amendment to this Agreement if the Director
representing such Party has provided notice to the other Directors
immediately preceding the Board's vote of the Party's intention to
withdraw its membership in the Authority should the amendment be
approved by the Board.
8.1.3 Continuing Liability; Further Assurances. A Party that withdraws its
membership in the Authority may be subject to certain continuing
liabilities, as described in Section 8.5 (Continuing Liability; Refund)
of this Agreement, including, but not limited to, power purchase
agreements and other Authority contracts and operational obligations.
The withdrawing Party and the Authority shall execute and deliver all
further instruments and documents and take any further action that
may be reasonably necessary, as determined by the Board, to
effectuate the orderly withdrawal of such Party from membership in
the Authority. The Board shall also consider, pursuant to Section
3.2.12, adoption of a policy that allows a withdrawing Party to
negotiate assignment to the Party of costs of electric power or other
resources procured on behalf of its customers by the Authority upon
its withdrawal. The Authority's policies shall prescribe the rights if
any of a withdrawn Party to continue to participate in those Board
discussions and decisions affecting customers of the CCA Program
that reside or do business within the jurisdiction of the Party. In the
implementation of this Section 8.1.3, the Parties intend, to the
maximum extent possible, without compromising the viability of
ongoing Authority operations, that any claims, demands, damages, or
liabilities covered hereunder, be funded from the rates paid by CCA
Program customers located within the service territory of the
withdrawing Party, and not from the general fund of the withdrawing
Party itself.
8.2 Termination of CCA Program. Nothing contained in Section 6 or elsewhere in
this Agreement shall be construed to limit the discretion of the Authority to
terminate the implementation or operation of the CCA Program at any time in
accordance with any applicable requirements of state law.
8.3 Involuntary Termination. This Agreement may be terminated with respect to a
Party for material non-compliance with provisions of this Agreement or Authority
documents upon a two-thirds vote of the Board in which the minimum Equal Vote
or Voting Shares Vote, as applicable in Section 4.11 (Board Voting) of this
Agreement, shall be no less than two-thirds vote excluding the vote and voting
shares of the Party subject to possible termination. Prior to any vote to terminate
this Agreement with respect to a Party, written notice of the proposed termination
and the reason(s) for such termination shall be delivered to the Party whose
termination is proposed at least 30 days prior to the regular Board meeting at
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which such matter shall first be discussed as an agenda item. The written notice
of proposed termination shall specify the particular provisions of this Agreement
or the Authority Documents that the Party has allegedly violated. The Party
subject to possible termination shall have the opportunity at the next regular
Board meeting to respond to any reasons and allegations that may be cited as a
basis for termination prior to a vote regarding termination. A Party that has had
its membership in the Authority terminated may be subject to certain continuing
liabilities, as described in Section 8.5 (Continuing Liability; Refund) of this
Agreement.
8.4 Mutual Termination. This Agreement may be terminated by mutual agreement
of all the Parties; provided, however, the foregoing shall not be construed as
limiting the rights of a Party to withdraw its membership in the Authority, and
thus terminate this Agreement with respect to such withdrawing Party, as
described in Section 8.1 (Withdrawal) of this Agreement.
8.5 Continuing Liability; Refund. Upon a withdrawal or involuntary termination of
a Party, the Party shall remain responsible for any claims, demands, damages, or
liabilities arising from the Party's membership in the Authority through the
effective date of its withdrawal or involuntary termination, it being agreed that the
Party shall not be responsible for any claims, demands, damages, or liabilities
commencing or arising after the date of the Party's withdrawal or involuntary
termination. In addition, such Party also shall be responsible for (a) any damages,
losses, or costs incurred by the Authority which result directly from the Party's
withdrawal or termination, including but not limited to costs arising from the
resale of capacity, electricity, or any attribute thereof no longer needed to serve
such Party's load; and (b) any costs or obligations associated with the Party's
customer participation in any program in accordance with the program's terms,
provided such costs or obligations were incurred prior to the withdrawal of the
Party. The withdrawing Party agrees to pay any such deposit determined by the
Authority to cover the Party's liability for the operational and contract costs
described above. Any amount of the Party's funds held on deposit with the
Authority above that which is required to pay any liabilities or obligations shall be
returned to the Party. In the implementation of this Section 8.5, the Parties intend,
to the maximum extent possible, without compromising the viability of ongoing
Authority operations, that any claims, demands, damages, or liabilities covered
hereunder, be funded from the rates paid by CCA Program customers located
within the service territory of the withdrawing Party, and not from the general
fund of the withdrawing Party itself.
8.6 Disposition of Authority Assets. Upon termination of this Agreement and
dissolution of the Authority by all Parties, and after payment of all obligations of
the Authority, the Board
8.6.1 May sell or liquidate Authority property; and
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8.6.2 Shall distribute assets to Parties in proportion to the contributions made by
the existing Parties.
Any assets provided by a Party to the Authority shall remain the asset of that
Party and shall not be subject to distribution under this section.
9. MISCELLANEOUS PROVISIONS
9.1 Dispute Resolution. The Parties and the Authority shall make reasonable efforts
to settle all disputes arising out of or in connection with this Agreement. Before
exercising any remedy provided by law, a Party or the Parties and the Authority
shall engage in nonbinding mediation in the manner agreed upon by the Party or
Parties and the Authority. The Parties agree that each Party may specifically
enforce this section. In the event that nonbinding mediation is not initiated or does
not result in the settlement of a dispute within 60 days after the demand for
mediation is made, any Party and the Authority may pursue any remedies
provided by law.
9.2 Liability of Directors, Officers, and Employees. The Directors, officers, and
employees of the Authority shall use ordinary care and reasonable diligence in the
exercise of their powers and in the performance of their duties pursuant to this
Agreement. No current or former Director, officer, or employee will be
responsible for any act or omission by another Director, officer, or employee.
The Authority shall defend, indemnify and hold harmless the individual current
and former Directors, officers, and employees for any acts or omissions in the
scope of their employment or duties in the manner provided by Government Code
Section 995 et seq. Nothing in this section shall be construed to limit the defenses
available under the law, to the Parties, the Authority, or its Directors, officers, or
employees.
9.3 Indemnification of Parties. The Authority shall acquire such insurance coverage
as is necessary to protect the interests of the Authority, the Parties and the public.
The Authority shall defend, indemnify and hold harmless the Parties and each of
their respective governing board members, officers, agents and employees, from
any and all claims, losses, damages, costs, injuries and liabilities of every kind
arising directly or indirectly from the conduct, activities, operations, acts and
omissions of the Authority.
9.4 Notices. Any notice required or permitted to be made hereunder shall be in
writing and shall be delivered in the manner prescribed herein at the principal
place of business of each Party. The Parties may give notice by (1) personal
delivery; (2) e-mail; (3) U.S. Mail, first class postage prepaid, or a faster delivery
method; or (3) by any other method deemed appropriate by the Board.
Upon providing written notice to all Parties, any Party may change the designated
address or e-mail for receiving notice.
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All written notices or correspondence sent in the described manner will be
deemed given to a party on whichever date occurs earliest: (1) the date of personal
delivery; (2) the third business day following deposit in the U.S. mail, when sent
by "first class" mail; or (3) the date of transmission, when sent by e-mail or
facsimile.
9.5 Successors. This Agreement shall be binding upon and shall inure to the benefit
of the successors of each Party.
9.6 Assignment. Except as otherwise expressly provided in this Agreement, the
rights and duties of the Parties may not be assigned or delegated without the
advance written consent of all of the other Parties, and any attempt to assign or
delegate such rights or duties in contravention of this section shall be null and
void. This Agreement shall inure to the benefit of, and be binding upon, the
successors and assigns of the Parties. This section does not prohibit a Party from
entering into an independent agreement with another agency, person, or entity
regarding the financing of that Party's contributions to the Authority, or the
disposition of the proceeds which that Party receives under this Agreement, so
long as such independent agreement does not affect, or purport to affect, the rights
and duties of the Authority or the Parties under this Agreement.
9.7 Severability. If any one or more of the terms, provisions, promises, covenants, or
conditions of this Agreement were adjudged invalid or void by a court of
competent jurisdiction, each and all of the remaining terms, provisions, promises,
covenants, and conditions of this Agreement shall not be affected thereby and
shall remain in full force and effect to the maximum extent permitted by law.
9.8 Governing Law. This Agreement is made and to be performed in the State of
California, and as such California substantive and procedural law shall apply.
9.9 Headings. The section headings herein are for convenience only and are not to
be construed as modifying or governing the language of this Agreement.
9.10 Counterparts. This Agreement may be executed in any number of counterparts,
and upon execution by all Parties, each executed counterpart shall have the same
force and effect as an original instrument and as if all Parties had signed the same
instrument. Any signature page of this Agreement may be detached from any
counterpart of this Agreement without impairing the legal effect of any signatures
thereon and may be attached to another counterpart of this. Agreement identical in
form hereto but having attached to it one or more signature pages.
efiLl
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CITY OF
By:
(Insert Name), Mayor
ATTEST:
By:
(Insert Name), City Clerk
APPROVED AS TO FORM:
By:
(Insert Name), City Attorney
6b-
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Exhibit A: Definitions
"AB 117" means Assembly Bill 117 (Stat. 2002, Ch. 838, codified at Public Utilities Code
Section 366.2), which created Community Choice Aggregation.
"Act" means the Joint Exercise of Powers Act of the State of California (Chapter 5, Division 7,
Title 1 of the Government Code commencing with Section 6500).
"Agreement" means this Joint Powers Agreement.
"Authority" means San Diego Regional Community Choice Energy Authority.
"Authority Document(s)" means document(s) duly adopted by the Board by resolution or motion
implementing the powers, functions and activities of the Authority, including but not
limited to the Operating Policies and Procedures, the annual budget, and plans and
policies.
"Board" means the Board of Directors of the Authority.
"Community Choice Aggregation" or "CCA" means an electric service option available to cities,
counties, and other public agencies pursuant to Public Utilities Code Section 366.2.
"CCA Program" means the Authority's program relating to CCA that is principally described in
Section 2.3 (Purpose) of this Agreement.
"Days" shall mean calendar days unless otherwise specified by this Agreement.
"Director" means a member of the Board representing a Party, including up to two alternate
Directors appointed in accordance with Sections 4.1 (Board of Directors) and 4.2
(Appointment and Removal of Directors) of this Agreement.
"Effective Date" means the date on which the Agreement shall become effective and the
Authority shall exist as a separate public agency, as further described in Section 2.1
(Effective Date and Term) of this Agreement.
"Founding Member" means any jurisdiction that joins with the City of San Diego to form the
San Diego Regional CCE Authority in 2019, as identified in Exhibit B. Founding
members shall not incur any expenses related to their membership in the Authority or its
operational implementation.
"Governing Body" means: for the County of San Diego, its Board of Supervisors; for any city
other than San Diego, its City Council; for San Diego, the Mayor and the City Council;
and, for any other public agency, the equivalent policy making body that exercises
ultimate decision -making authority over such agency.
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"Initial Costs" means implementation costs advanced by the City of San Diego and other
Founding Members in support of the formation of the Authority, which are (a) directly
related to the establishment of the Authority and its CCA program, and (b) incurred by
the Authority or its Members relating to the initial operation of the Authority, such as the
hiring of the executive and operations staff, any required accounting, administrative,
technical and legal services in support of the Authority's initial formation activities or in
support of the negotiation, preparation and approval of power purchase agreements.
Initial Costs do not include costs associated with the investigation of the CCA model,
attendance at routine planning meetings, or a Party's pre -formation reports related to their
decision to pursue CCA or join the Authority. The Authority Board shall determine the
repayment timing and termination date for the Initial Costs.
"Investor Owned Utilities" means a privately -owned electric utility whose stock is publicly
traded. It is rate regulated and authorized to achieve an allowed rate of return.
"Parties" means, collectively, the signatories to this Agreement that have satisfied the conditions
as defined above in "Founding Members" or in Section 2.4 (Addition of Parties) of this
Agreement, such that they are considered members of the Authority.
"Party" means, singularly, a signatory to this Agreement that has satisfied the conditions as
defined above in "Founding Members" or in Section 2.4 (Addition of Parties) of this
Agreement, such that it is considered a member of the Authority.
"Public Agency" as defined in the Act includes, but is not limited to, the federal government or
any federal department or agency, this state, another state or any state department or
agency, a county, a county board of education, county superintendent of schools, city,
public corporation, public district, regional transportation commission of this state or
another state, a federally recognized Indian tribe, or any joint powers authority formed
pursuant to the Act.
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SAN DIEGO REGIONAL COMMUNITY CHOICE ENERGY AUTHORITY —
JOINT POWERS AGREEMENT
Exhibit B: List of Founding Members
City of San Diego
City of Chula Vista
City of Encinitas
City of La Mesa
City of Imperial Beach
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SAN DIEGO REGIONAL COMMUNITY CHOICE ENERGY AUTHORITY —
JOINT POWERS AGREEMENT
Exhibit C: Annual Energy Use by Jurisdiction
Party MWh
San Diego 6,300,000*
Chula Vista 702,000*
Encinitas 231,000**
La Mesa 217,000*
Imperial Beach 108,500
* 2018 data provided by SDG&E
**2017 data provided by SDG&E
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SAN DIEGO REGIONAL COMMUNITY CHOICE ENERGY AUTHORITY —
JOINT POWERS AGREEMENT
Exhibit D: Voting Shares of Founding Members
Party MWh Voting Share
San Diego 6,300,000* 49.00%
Chula Vista 702,000* 28.45%
Encinitas 231,000** 9.36%
La Mesa 217,000* 8.79%
Imperial Beach 108,500 4.40%
Total 7,558,500 100.00%
* 2018 data provided by SDG&E
**2017 data provided by SDG&E
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SAN DIEGO REGIONAL COMMUNITY CHOICE ENERGY AUTHORITY —
JOINT POWERS AGREEMENT
CITY OF San Diego
B
ATTEST:
By:
Exhibit E: Signatures
, Mayor
EU2A1-34)90-n
, City Clerk
APPROVED AS TO FORM:
By:
646(
y P u hj, City Attorney
1 "' f 3qi `!
i_312666
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SAN DIEGO REGIONAL COMMUNITY CHOICE ENERGY AUTHORITY —
JOINT POWERS AGREEMENT
CITY OF Chula Vista
•
M... Casillas Salas, Mayor
ATTEST:
By:
APPROVED AS TO FORM:
By:
Exhibit E: Signatures
Glen —IL —GO ity Attorney
0\
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SAN DIEGO REGIONAL COMMUNITY CHOICE ENERGY AUTHORITY —
JOINT POWERS AGREEMENT
Exhibit E: Signatures
CITY OF Encinitas
Ka r - n P. Brust, City Manager
ATTEST:
By:
Kathy Ho ?yr\v!detity Clerk
APPROV AS O FORM:
By:
Glenn Sa ine, City Attorney
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SAN DIEGO REGIONAL COMMUNITY CHOICE ENERGY AUTHORITY —
JOINT POWERS AGREEMENT
CITY OF La Mesa
By:
Mark Arapostathis, May6r
ATTEST:
B
APPROVE
By:
'ORM:
Glenn Sabine, City Attorney
Exhibit E: Signatures
-
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SAN DIEGO REGIONAL COMMUNITY CHOICE ENERGY AUTHORITY —
JOINT POWERS AGREEMENT
Exhibit E: Signatures
CITY OF Imperial Beach
By:
Serge Dedina , Mayor
ATTEST:
Jc qu: ine M. Kelly, ity
APPROVED AS TO ORM:
By
Attorney
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FIRST AMENDMENT TO THE •
SAN DIEGO REGIONAL COMMUNITY CHOICE ENERGY AUTHORITY
JOINT POWERS AGREEMENT
This First Amendment to the Joint Powers Agreement for the San Diego Regional Community
Choice Energy Authority (First Amendment) is made and entered into by and between those
certain public agencies, hereinafter referred to as the Parties, which have duly executed, pursuant
to resolution or ordinance, the Joint Powers Agreement for the San Diego Regional Community
Choice Energy Authority (Authority), as follows:
RECITALS
WHEREAS, the Joint Powers Agreement for the San Diego Regional Community Choice
Energy Authority (Agreement), was executed by the Cities of San Diego, Chula Vista, Encinitas,
La Mesa, and Imperial Beach, effective October 1, 2019, to provide electricity service to
residents and businesses located within the municipal boundaries of the public agencies in a
responsible, reliable, innovative, and efficient manner.
WHEREAS, on November 21, 2019, the Authority's Board of Directors voted and approved
changing the Authority's name from "San Diego Regional Community Choice Energy
Authority" to " San Diego Community Power
WHEREAS, the Agreement may be amended in the manner set forth in Section 4.12.2,
subsection (c) of the Agreement.
Now THEREFORE, it is mutually agreed by and between the Parties hereto to amend the
Agreement, as follows:
1. Amendment of Agreement to Change the Name: The Agreement is hereby amended to
San Diego Community Power
change the name of the Authority to "
." All references to "San Diego Regional
Community Choice Energy Authority" or "SDRCCEA", such as set out in the title of the
Agreement, Section 2 (Formation), and in all other places throughout the Agreement,
shall be changed to " San Diego Community Power, or SDCP
2. Except as specifically amended herein, the Agreement shall remain in full force and
effect.
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IN WITNESS WHEREOF, the Parties hereto have caused this First Amendment to be executed
as of the date listed below,
IN WITNESS WHEREOF, the Interim Executive Officer of the Authority, authorized by the
Board on November 21, 2019, has executed this First Amendment of the Joint Powers
Agreement on behalf of the Authority.
SAN DIEGO REGIONAL COMMUNITY CHOICE ENERGY AUTHORITY
Date: 11 12Z' I �'
By:
CODY HOOVEN
Interim Executive Officer
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Item #
09/21/21
City Manager Report
(City Manager)
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