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HomeMy WebLinkAboutAgenda Packet - 09-21-2021 CC HA Agenda - FinalCALIFORNIA NATIONAL CIf l 1 3'./ INCORPORATE 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, 1 of 361 indicate General Public Comment in the subject line. All email comments received by 4:00 p.m. on the day of the meeting will be emailed to the City Council Members and made a part of the official record. Register online and participate in live public comment during the meeting: To provide live public comment during the meeting, you must pre -register on the City's website at https://www.nationalcityca.qov/publiccomment by 4:00 p.m. on the day of the regular meeting to join the City Council Meeting. ***Please note that you do not need to pre -register to watch the meeting online, but you must pre -register if you wish to speak. Once registered, you will receive an email with a link from Zoom to join the live meeting. You can participate by phone or by computer. Please allow yourself time to log into Zoom before the start of the meeting to ensure you do not encounter any last-minute technical difficulties. ***Please note that members of the public will not be shown on video; they will be able to watch and listen and speak when called upon. Public microphones will be muted until it is your turn to comment. Each speaker is allowed up to three (3) minutes to address the City Council. Please be aware that the Mayor may limit the comments' length due to the number of persons wishing to speak or if comments become repetitious or unrelated. All comments are subject to the same rules as would otherwise govern speaker comments at the meeting. Speakers are asked to be respectful and courteous. Please address your comments to the City Council as a whole and avoid personal attacks against members of the public, City Council, and city staff. Questions about public comment or City Council protocols? Please contact the City Clerk's Office at (619) 336-4228 or via email at Clerk(c�nationalcityca.gov. INTERPRETATION SERVICES: To use the Zoom interpretation feature you must first Pre -Register on Zoom. Once logged into Zoom to use the interpretation feature, please scroll to the bottom of the Zoom screen (where the meeting controls are), click on the interpretation icon (world), and select English as your language. If you are joining using the Zoom mobile app (cell phone, tablet, etc.), please press the ellipsis (...), then Interpretation, and then choose your language. WRITTEN AGENDA: With limited exceptions, the Elected Body may take action only upon items appearing on the written agenda. Items not appearing on the agenda must be brought back on a subsequent agenda unless they are of a demonstrated emergency or urgent nature, and the need to take action on such items arose after the agenda was posted. CONSENT CALENDAR: Consent calendar items involve matters which are of a routine or noncontroversial nature. All consent items are adopted by approval of a single motion by the City Council. Prior to such approval, any item may be removed from the consent portion of the agenda and separately considered, upon request of a Councilmember, a staff member, or a member of the public. Upon request, this agenda can be made available in appropriate alternative formats to persons with a disability in compliance with the Americans with Disabilities Act. Please 2 of 361 contact the City Clerk's Office at (619) 336-4228 to request a disability -related modification or accommodation. Notification 24-hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. AVISO: La salud y el bienestar de los residentes, visitantes y empleados de National City durante el brote de COVID-19 sigue siendo nuestra maxima prioridad. El Ayuntamiento de la Ciudad de National City se esta coordinando con la Agencia de Salud y Servicios Humanos del Condado de San Diego y otras agencias para tomar medidas con el fin de monitorear y reducir la propagacion del nuevo coronavirus (COVID-19). La Organizacion Mundial de la Salud declaro el brote como una pandemic global y se han manifestado emergencias locales y estatales que resultan en la suspension de ciertas leyes de reuniones publicas, tal como la Ley Brown. Como resultado de ello, la junta del Concejo Municipal del Ayuntamiento se Ilevara a cabo solamente en linea para garantizar la seguridad de los residentes, empleados y comunidades locales que atendemos. Se podra ver una transmision en vivo de la junta en el sitio web del Ayuntamiento en www.nationalcityca.gov. Para comentarios publicos, vea la seccion "COMENTARIOS PUBLICOS" mas adelante. ORDEN DEL DIA: Las sesiones publicas de todas las juntas ordinarias del Concejo Municipal/Comision de Desarrollo Comunitario - Autoridad de Vivienda (en to sucesivo denominado Organo Electo) inician a las 6:00 p.m. el primer y tercer martes de cada mes. Las audiencias publicas inician a las 6:00 p.m., a menos que se indique to contrario. Las juntas cerradas inician en sesion abierta a las 5:00 p.m. o en cualquier otro momento que se indique, y tras anunciar los temas de la sesion cerrada, la junta se realiza como sesion cerrada. Si se programa una reunion de discusion y analisis, el tema y la hora de la misma apareceran en la agenda. La Alcaldesa y los Concejales se reunen por igual que el Presidente y los integrantes del Consejo de la Comision de Desarrollo Comunitario. INFORMES: Todos los temas e informes de la agenda de la sesion abierta, asi como todos los documentos y escritos entregados al Organo Electo menos de 72 horas antes de la sesion, apareceran en el sitio web del Ayuntamiento. Las juntas ordinarias del Organo Electo se transmiten por Internet y se archivan en el sitio web del Ayuntamiento en www.nationalcityca.gov. COMENTARIOS PUBLICOS: Hay varias formas en las que puede asegurarse de que sus opiniones sean escuchadas y consideradas por nuestro Concejo Municipal como se describe a continuacion: Envie su comentario publico antes de la sesion: Para enviar un comentario por escrito, envie un correo electronico a PublicCommentnationalcityca.qov, proporcione el numero del tema o asunto de la agenda y el titulo del tema o asunto en la linea de asunto de su correo electronico. Los comentarios o testimonios publicos se limitan a tres (3) minutos. Si el comentario no se relaciona con un tema o asunto especifico de la agenda, indique Comentario Publico General en la linea de asunto. Todos los comentarios por correo electronico recibidos antes de las 4:00 p.m. del dia de la sesion se enviaran por correo electronico a los miembros del Concejo Municipal y formaran parte del acta oficial. Registrese en linea y participe en los comentarios publicos en vivo durante la sesion: Para proporcionar comentarios publicos en vivo durante la sesion, debe registrarse previamente en el sitio web del Ayuntamiento en 3 of 361 https://www.nationalcityca.qov/publiccomment antes de las 4:00 p.m. del dia de la junta ordinaria para incorporarse a la sesion del Concejo Municipal. ***Tenga presente que no necesita registrarse previamente para ver la sesion en linea, pero debe registrarse previamente si desea hablar. Una vez registrado, recibira un correo electronico con un enlace de Zoom para integrarse a la sesion en vivo. Puede participar por telefono o por computadora. Tomese el tiempo necesario para iniciar la reunion en Zoom antes del inicio de la sesion para asegurarse de no encontrar dificultades tecnicas de ultimo momento. ***Tenga presente que las personas del publico no se mostraran en video; podran observar, escuchar y hablar cuando se les solicite. Los microfonos publicos se silenciaran hasta que sea su turno de comentar. Cada orador tiene hasta tres (3) minutos para dirigirse al Concejo Municipal. Tenga en cuenta que la Alcaldesa puede limitar la extension de los comentarios debido a la cantidad de personas que deseen hablar o si los comentarios se vuelven repetitivos o no relacionados. Todos los comentarios estan sujetos a las mismas reglas que de otro modo regirian los comentarios de los oradores en la sesion. Se pide a los oradores que sean respetuosos y corteses. Dirija sus comentarios al Concejo Municipal en su conjunto y evite ataques personales contra personas del publico, el Concejo Municipal y el personal del Ayuntamiento. ,Preguntas sobre comentarios publicos o protocolos del Concejo Municipal? Comunrquese con la Oficina de la Secretaria del Ayuntamiento al telefono (619) 336-4228, o por correo electronico a Clerk(nationalcityca.gov. SERVICIO DE INTERPRETACION: Para utilizar la funcion de interpretacion zoom primero debe registrarse previamente en el sitio web de Zoom. Una vez que haya iniciado sesion en zoom para utilizar la funcion de interpretacion, favor de desplazarse a la parte inferior de la pantalla de Zoom (donde aparecen los controles). Naga clic en el icono de interpretacion (globo terraqueo), y seleccione "Spanish" (espanol). Si esta utilizando la aplicacion movil de Zoom (celular, tableta, etc.), presione los puntos suspensivos (...), luego "interpretation" y luego el idioma. AGENDA ESCRITA: Con contadas excepciones, el Organo Electo puede tomar medidas unicamente sobre los temas que aparecen en la agenda escrita. Los temas que no aparezcan en la agenda deben aparecer en una agenda subsecuente, a menos que sean de emergencia o urgencia demostrada, y la necesidad de tomar medidas sobre esos temas haya surgido despues de haber sido publicada la agenda. CALENDARIO DE CONSENTIMIENTO: Los temas del calendario de consentimiento implican cuestiones de naturaleza rutinaria o no controvertida. Todos los temas de consentimiento se adoptan mediante la aprobacion de una sola mocion del Concejo Municipal. Antes de la aprobacion, cualquier tema puede eliminarse de la parte de consentimiento de la agenda y considerarse aparte, a peticion de un concejal, individuo del personal del Ayuntamiento o persona del publico. 4 of 361 Previa solicitud, esta agenda puede estar disponible en formatos alternativos apropiados para personas con discapacidades, en observancia de la Ley de Estadounidenses con Discapacidades. Llame al telefono (619) 336-4228 de la Oficina del Secretario del Ayuntamiento para solicitar una modificacion o adaptacion de acceso relativa a la discapacidad. Notificar 24 horas antes de la sesion permitira al Ayuntamiento hacer arreglos razonables para garantizar la accesibilidad a esta junta. 5 of 361 OPEN TO THE PUBLIC A. CITY COUNCIL CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE TO THE FLAG PUBLIC COMMENTS (THREE -MINUTE TIME LIMIT) PROCLAMATIONS AND CERTIFICATES 1. A Proclamation of the City of National City Celebrating Latino Heritage Month and Recognizing Father Edmundo Zarate. 2. A Proclamation of the City of National City Declaring September as National Disaster Preparedness Month. AWARDS AND RECOGNITIONS 3. Employee of the Quarter 2021 - Christopher Garcia, Supervising Custodian. (Engineering/Public Works) PRESENTATIONS (FIVE-MINUTE TIME LIMIT) 4. Library Board of Trustees Annual Report 2020-2021. (Library and Community Services) 5. School Resource Officer Program. (Police) INTERVIEWS / APPOINTMENTS 6. Appointments: City Boards, Commissions, and Committees - Mayoral Appointments. (City Clerk) 7. Appointments: City Boards, Commissions and Committees - City Council Appointment. (City Clerk) REGIONAL BOARDS AND COMMITTEE REPORTS (FIVE-MINUTE TIME LIMIT) CONSENT CALENDAR 8. Motion of the City Council of the City of National City approving the waiving of the reading of the text of the Ordinances or Resolutions that are having a Public Hearing considered at this meeting and providing that such Ordinances or Resolutions shall be introduced and/or adopted after a reading of the title only. (City Clerk) 6 of 361 9. 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) 10. Resolution of the City Council of the City of National City approving the one (1) year ratified Agreement and Authorizing the Mayor to execute the ratified Agreement with the 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) 11. Resolution of the City Council of the City of National City approving the one (1) year ratified Agreement and Authorizing the Mayor to execute the ratified Agreement with the 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) 12. 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) 13. 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) 14. 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) 15. 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) 16. 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) 7 of 361 17. 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) 18. Investment transactions for the month ended July 31, 2021. (Finance) 19. Warrant Register #5 for the period of 7/28/21 through 8/03/21 in the amount of $1,321,040.70. (Finance) 20. Warrant Register #6 for the period of 8/04/21 through 8/10/21 in the amount of $2,265,977.29. (Finance) 21. Warrant Register #7 for the period of 8/11/21 through 8/17/21 in the amount of $976,085.85. (Finance) PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS NON CONSENT RESOLUTIONS 22. Resolution of the City Council of the City of National City: 1) acknowledging the Climate Action Plan Preliminary and; 2) directing staff to return to City Council with a CCA ordinance and Joint Powers Agency agreement with San Diego Community Power. (Engineering/Public Works) NEW BUSINESS 23. Resolution of the City Council of the City of National City 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. (Library and Community Services) 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 8 of 361 24. City Manager Report. (City Manager) MAYOR AND CITY COUNCIL CLOSED SESSION CLOSED SESSION REPORT ADJOURNMENT Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City - Tuesday - October 5, 2021 - 6:00 p.m. - Council Chambers - National City, California. 9 of 361 The following page(s) contain the backup material for Agenda Item: A Proclamation of the City of National City Celebrating Latino Heritage Month and Recognizing Father Edmundo Zarate. Please scroll down to view the backup material. 10 of 361 Item # 09/21/21 A Proclamation of the City of National City Celebrating Latino Heritage Month and Recognizing Father Edmundo Zarate 11 of 361 The following page(s) contain the backup material for Agenda Item: A Proclamation of the City of National City Declaring September as National Disaster Preparedness Month. Please scroll down to view the backup material. 12 of 361 Item # 09/21/21 A Proclamation of the City of National City Declaring September as National Disaster Preparedness Month 13 of 361 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. 14 of 361 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 15 of 361 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 16 of 361 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. 17 of 361 Item # 09/21/21 PRESENTATION LIBRARY BOARD OF TRUSTEES ANNUAL REPORT - FY 2020/21 (Library & Community Services) 18 of 361 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 19 of 361 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 20 of 361 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. 21 of 361 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 22 of 361 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. 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.µ�Ml Sy Gplmle M.wmnl.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. 23 of 361 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. 24 of 361 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 25 of 361 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 26 of 361 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. 27 of 361 Browse through our digital collection at www.archive.org/details/nationalcitylibrary - - C O m .aa 1 c:nnwmauanwn.aaaw.,nn..emu ■ Nat.*,H m • . + o,,,._ ■xraac yrwk LI x o e ® INT ERNET A RCNIVE '.- .® National City Public Library RecopnRlrp Ine cwt. nn2u1SIX en0 ec0110114c anersn, or our communnv Lea nano al <ay Woac Wary nerves me Inrormaoonal. euucarmal KNITI 01601110 ly We nrlvrorINYINW Ma...In ana emRouermwa ere ortalrlarns e.v.ro ola$t ana sereo*Iid Io9, a �m eourteasana eean aIanalmammdI9enwa-imenl mal cnrcewleau me quality ofne la nare„al <nv Part Or Woe,. 0 WOW Year V0,11 COLLECTION rn NEWS Ilia SAII VIEW rwa IE CREAIInr MOIL Rea antl GnY. 1099 �I 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. 28 of 361 • 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. 29 of 361 CALIFORNIA NATIONAL en (`f I CORPORATE Library Board of Trustees Annual Report FY 2020-2021 30 of 361 +>^ CALIFORNIA ._ N TI I A L CITY `- INCORPORATED Library Data Snapshot ❖ COVID had an impact on our open hours, number of visitors, and number of checkouts ❖ Library staff pivoted to curbside service and creating virtual programs ❖ Library staff focused on providing additional digital and virtual resources ❖ The e-collection doubled in size ❖ Online classes brought in more attendees than we had in 2018/19 ❖ Staff developed an eCard system that allows patrons to check out items digitally without coming into the library for a card ❖ Online program attendance was still fairly high 31 of 361 +>^ CALIFORNIA ._ Not. t. INAL CITY INCORPORATED Program Highlights ❖ Virtual Storytimes and Crafts ❖ STEAM Programs ❖ 16 Weeks of STEAM ❖ Sally Ride Science (UCSD Extension) •.• Halloween Booktacular •. Diversity Book Club Sign up here: https://bitty/dbcTLC JOIN US FOR 16 WEEKS OF STEAM DISCOVFRY AND FXPI ORATION. Ee+ mNl ay toM-w]EC]m1 CITY LIBRARY TEEN LEADERSHIP COMMITTEE FOR TEENS GRADES 7-12 • 7 32 of 361 +>^ CALIFORNIA :- N T'I I NAL CI Ty `- INCORPORATED Strategic Highlights ❖ Academic Enrichment ❖ Adult Literacy and Basic Education ❖ English as a Second Language (ESL) ❖ Computer Literacy Classes ❖ Increased Technology and Resources ❖ High -Speed Broadband Project • State Library Grant for Equipment and Service to increase bandwidth from 1 GB to 10GB with estimated date of completion - June 2022 ❖ Literacy Laptops and Hotspots ❖ CDBG-CV funds and a Neighborhood Reinvestment Programs Grant allowed the Library to acquire 86 laptops and hotspots to loan out to literacy learners and tutors ❖ Additional E-Resources ❖ The Library leveraged their membership in local consortia to double the number of digital resources available to patrons A 33 of 361 +>^ CALIFORNIA .a N T'I I NAL CITY `- INCORPORATED Strategic Highlights ❖ Digital Archives Initiative ❖ Star News Digitization Project ❖ The digitization onto microfilm has been completed and was generously funded by the Friends of the Library ❖ Other projects are available for patron viewing on Archive.org and through our Library's website • Historical Photographs, SUHS Annuals, Frank Kimball Diaries ••• Partnerships ❖ 16 Weeks of STEAM — Featured 4 science modules • Partners included FLEET Science Center, Stephen Birch Aquarium, Olivewood Gardens, ARTS, Ocean Connectors, Stein Family Farm, Sweetwater Union High School District, National School District and many others ❖ Sally Ride Science — UCSD Extension ❖ San Diego Council on Literacy, San Diego Futures Foundation 34 of 361 CALIFORNIA NA -C NATIO_ , y e C' 5NC/oRPORATED Questions? 35 of 361 The following page(s) contain the backup material for Agenda Item: School Resource Officer Program. (Police) Please scroll down to view the backup material. 36 of 361 Item # 09/21/21 School Resource Officer Program Police 37 of 361 cALIFORNIA CIr�'Y� j rliATIONAL \ - INCORPORATED NATIONAL CITY POLICE DEPARTMENT Staff Report on the School Resource Officer program 38 of 361 +>^ 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 39 of 361 +>^ 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; 40 of 361 +>^ 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 41 of 361 +>^ CALIFORNIA �^ N TI IiNAL Cf ly INCORPORATED Questions 42 of 361 The following page(s) contain the backup material for Agenda Item: Appointments: City Boards, Commissions, and Committees - Mayoral Appointments. (City Clerk) Please scroll down to view the backup material. 43 of 361 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 21, 2021 AGENDA ITEM NO. ITEM TITLE: Appointments: City Boards, Commissions and Committees — Mayoral Appointments (City Clerk) PREPARED BY: PHONE: Luz Molina, City Clerk Shelley Chapel, Deputy City Clerk 1 (619) 336-42251 DEPARTMENT: City Clerk's Office APPROVED BY: S!u!!ey ekapeC EXPLANATION: Vacancies on multiple Boards/Commissions/Committees (BCCs) were noticed in the Star News, posted on the City Hall Bulletin Boards, City Website, and City Social Media sites to advertise openings and the application acceptance period. The Vacancy Notices posted Wednesday, August 4, 2021, and all applications were due to the City Clerk's Office by the deadline of Thursday, September 2, 2021, at 5:00 p.m. The following BCCs currently have Vacancies caused by end of term and/or resignations: Library Board of Trustees; Park, Recreation & Senior Citizens Advisory Committee; Public Art Committee; Traffic Safety Committee; Veterans & Military Families Advisory Committee; and Housing Advisory Committee. Incumbents were given the option to be considered for reappointment, those consideration applications are included in Attachment B. The City Clerk's Office also contacted applicants who previously applied for positions in the last twelve (12) months for consideration. Applications are retained for those not appointed for twelve (12) months from application date. (See Explanation (Attachment A) for more information) FINANCIAL STATEMENT: APPROVED: .il/G44r,8-i Finance ACCOUNT NO. APPROVED: MIS 001-402-000-260-0000: $1,381.22 Legal Advertisements ENVIRONMENTAL REVIEW: This action is not subject to review under the California Environmental Quality Act (CEQA) ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Mayoral appointment with City Councilmembers confirmation. BOARD / COMMISSION RECOMMENDATION: n/a ATTACHMENTS: Attachment A — Explanation Attachment B — Applications (redacted) Attachment C — City Council Policy #107 Attachment D — Boards/Commission/Committees Reference Chart 144 of 361 ATTACHMENT A The City Clerk's Office began advertising and accepting applications for Vacancies on Mayoral appointed Boards/Commissions/Committees (BCC) Wednesday, August 4, 2021 to Thursday, September 2, 2021. Background In order to obtain qualified candidates, a Notice of Vacancies was advertised for each BCC on the following: The City website, posted on the City Hall Bulletin Boards, the Star News (twice) and City Social Media sites to advertise openings and the application acceptance period. Deadline to submit applications to the City Clerk's Office to be considered for vacancies was Thursday, September 2, 2021, at 5:00 p.m. All applications were received before the deadline. Chart below to include BCC Vacancies, Residency Requirements, Number of Seats Open and Terms, Incumbent Applicant and Other Applicants. In addition, attendance for those who are currently members seeking reappointment to the same or other BCCs, for consideration. As a reminder City Council Policy #107 (D)(5) states: A member may only serve on one (1) Board, Commission, or Committee at a time. If applying for another position on a different Board, Commission, or Committee that applicant will forfeit the prior seat, and a vacancy will occur per policy. One vacancy to the Community & Police Relations Committee (CPRC) was advertised; however, the City Attorney has brought a possible conflict between the Operating Procedures and the Bylaws of the CPRC to the attention of the City Clerk that may require an additional step in the appointment process. The CPRC has currently appointed a subcommittee to review both documents and recommend amendments to the City Council. Until amendments to the CPRC Operating Procedures and the Bylaws can be considered by the CPRC and the City Council, it is recommended that the vacancy remains unfilled. The applicants have been notified. Below is a listing of the resignations from each board or committee resulting in a vacancy: Community & Police Relations Committee: Christine Stein — August 19, 2021 Housing Advisory Committee — Denisse Newell — July 22, 2021 Board of Library Trustees — Paula Gapp — August 25, 2021 and Raymond Juarez —September 1, 2021 Park, Recreation & Senior Citizens Advisory Committee — Mike Richards — July 9, 2021 Traffic Safety Committee - Zachariah Trujillo May 12, 2021 Veterans & Military Families Advisory Committee — August 23, 2021 SEPTEMBER 2021 BCC VACANCIES MAYORAL APPOINTMENTS BCC Residency Number of Open Seats and Term . Requirement, Expiration for seat Incumbent Applicant Other Applicants Board of Library Trustees Yes (1) One Seat - September 20, 2023 (3) Three Seats - September 30, 2024 Coyote Moon H. Bradley Bang Anzueth G. Zambrano Park, Recreation & Senior Citizens Advisory Committee Yes (2) Two Seats - September 30, 2024 Florfina Arse (Served 2 terms - Per Gty Council Policy R107 (0)(10) must be approved by four -fifths vote) Rueben Fellzardo Public Art Committee No (2) Two Seats - September 30, 2024 Charles Reilly Natalia Valerdi-Rogers Augustine Buelna, Jr. Jose A. Lopez (Currently Alternate on this Committee - term expires 09/30/2022) Traffic Safety Committee Yes (1) One Seat - September 30, 2022 (2) Two Seats - September 30, 2024 Marisa Rosales Javier Alvarado Reuben Felizardo Veteran's & Military Families Advisory Committee No (1) Yes (1) (1) One Seat - September 30, 2022 (1) One Seat - September 30, 2025 Jhoana Alvarado (Resident Seat) None Housing Advisory Committee No (1) One Seat - March 31, 2023 None Marra A. Valdez Randf Marie Castle 14_ 1- 45 of 361 Incumbent Applicants Attendance Report Due to the varied length of terms, some fulfilling the remainder of a term, staff is only providing attendance for 2021 for comparison and review. INCUMBENTS FOR CONSIDERATION - ATTENDANCE 2021 Incumbent Meetings Held Meetings Attended Meetings Absent Meetings Cancelled Board of Library Trustees Coyote Moon 9 8 1 0 H. Bradley Bang 9 9 0 0 Park, Recreation & Senior Citizens Advisory Committee Florfina Arce 9 2 r 3 4 { Public Art Committee 3 2 ! 0 1 1 Charles Reilly 1 I Traffic Safety Committee 7 Marisa Rosales (appointed 3/2/202ii 5 0 2 Javier Alvarado 9 4 2 3 Veteran's & Military Families Advisory Committee Jhoana Alvarado 3 3 0 0 Jose A. Lopez of the Public Art Committee is presently an alternate and has applied for a full -term position on the same board. He was appointed February 16, 2021. His attendance is also provided for consideration. Public Art Committee Jose A. Lopez (appointed 2/16/2021) 2 1 0 1 if there are positions left unfilled following Mayoral appointments, the vacancies will be noticed again. Mayor Sotelo-Solis will conduct interviews outside of the public meeting prior to the City Council Meeting of September 21. Appointment: Per City Council Policy #107 (D)(7): The Mayor will make the motion to appoint (naming the appointee) and Councilmembers may second the motion. The City Clerk will then take a roll call vote of the City Council. A majority vote of the City Council will be required for the appointment. If, the majority of the City Council choose to deny the proposed appointment, at which point the Mayor would propose an alternative candidate from the current application pool, or could choose to reopen the application period and return to City Councils with a different applicant for consideration. If Mayor Appointment is not approved by the majority of the City Council by confirmation, that applicant is removed from the pool for that seat. The Mayor will return to a future meeting with a substitute Mayoral appointment. One Incumbent for consideration, Florfina Arce of the Park, Recreation & Senior Citizens Advisory Committee has served two terms beginning November 5, 2018. Per City Council Policy #107, a vote of 4/5ths or simple majority in the case of abstention or absence is required for the appointment. Per City Council Policy #107 (D)(10): Re -appointment beyond two terms. Anyone wishing to be re -appointed to any Board, Commission, or Committee, and has served two or more full terms already, must be approved by a four -fifths vote of the Council., If all five members of the Council are not present or if one member abstains or recuses their vote, the four -fifths requirement would be changed to require only a simple majority. 46 of 361 SEPTEMBER 2021 BCC VACANCIES MAYORAL APPOINTMENTS BCC Residency Requirement Number of Open Seats and Term Expiration for Seat Incumbent Applicant Other Applicants Board of Library Trustees Yes (1) One Seat - September 30, 2023 (3) Three Seats - September 30, 2024 Coyote Moon H. Bradley Bang Anzueth G. Zambrano Park, Recreation & Senior Citizens Advisory Committee Yes (2) Two Seats - September 30, 2024 Florfina Arce (Served 2 terms - Per City Council Policy #107 (D)(10) must be approved by four -fifths vote) Rueben Felizardo Public Art Committee No (2) Two Seats - September 30, 2024 Charles Reilly Natalia Valerdi-Rogers Augustine Buelna, Jr. Jose A. Lopez (Currently Alternate on this Committee - term expires 09/30/2022) Traffic Safety Committee Yes (1) One Seat - September 30, 2022 (2) Two Seats - September 30, 2024 Marisa Rosales Javier Alvarado Reuben Felizardo Veteran's & Military Families Advisory Committee No (1) Yes (1) (1) One Seat - September 30, 2022 (1) One Seat - September 30, 2025 Jhoana Alvarado (Resident Seat) None Housing Advisory Committee No (1) One Seat - March 31, 2023 None Mayra A. Valdez Randi Marie Castle 14 7 8 47 of 361 HOUSING ADVISORY COMMITTEE 1. Mayra A. Valdez 2. Randi Marie Castle 48 of 361 CITY OF NAT o NAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES Community & Police Relations Commission' (CPRC) Library Board of Trustees Parks, Recreation & Senior Citizens Advisory Boarc Veterans & Military Families Advisory Committee Port Commission Civil Service Committee Planning Commission Public Art Committee4 Traffic Safety Committee X. Advisory Housing Committee Applicants must be residents of the City of National City except for those marked by an asterisk (*). All applicants must be U.S. Citizens. Applicants for the Community and Police Relations Commission must pass a criminal background check prior to appointment. Applicants for the Advisory Housing Committee must have subject matter expertise in housing -related issues. Name: P411 (CA K Home Address: (Inc) ude City/Zip) Business Affiliation: Business Address: E-Mail: 140040)Yvii I ,CirtNe, ink. .irrtot, Length of Residence in National City: Educational Background: Occupational Experience: 5c,c-k:a„IN 5c.r.-144C. 4'uV ji—te‘ VA 0 rit-t _ro IALA,41 ri I 117.1 ')*()I" • Tet CV 2.--1 .4.107zor-S- 1 an Diego County California: Professional or Technical Organization Memberships c1. YF eripre-K.-k-n Civic or ConTnt) ity Experience. Members or rious P?lic Service App intme C,tAy r-‹ n etteivipfk. ,e1/- 11\4, exiewtmo Experience or Special Knowledge Pertaining to Area of Interest: g+ 14'4012-VAL?c INC rp4rS ikAutA cke 1Ce_ S kt 1-lave you ever been convicted of a felony crime? No: Yes:_ nniscemeanor crime? No:V Yes: If any convictions were expunged disclosure is not required. Convictions are not necessarily disqualifying. Please feel free to provide an explanation or information if "Yes" was marked for the above two question. Date: 401,-; 2-021 Signature Please feel free to provide additional information or letters of endorei fnt. Return completed tOveril to: Office of the City Clerk, 1243 Nationnl City Blvd., Nationifl - ity. CA 91960 Thank you for your interest in serving the City of National City. Pursuant to the California Public 'Records Act. information or) this form may be refeased to The public, opon requesr. Rev, February 2020 49 of 361 VAT 1FEZ Nato ai City, CA 91950 m }r ayra aidez rrrali,e0 _EXPERIENCE FEFRUMY ZZO=! . PRISENT PROGRAM NIANA EN. TEMPORARY HOUSING THE SALVATION ARMY-DCIOR.10F HOPE P 0 Carry out management. responsibilities in accordance with the org ni:atin"s policies and applicable laws h 0 Develop and Implement ent up-to-date program policies and procedures thatare consisteritwith Lost practices, agency, philosophy, and are consistent acr 5s programs :0 P .rfar n quality control auditr to ensure accuracy, cornpl teiness, and proper ir1't alem9ntatlon of policies and procedures related to data entry, Including. auditing Individual resident files for accuracy and timeliness MAY 20i9 — F DUARY 2021 PROGRAM SPECIALI .1Te {1`H E.1~gS . II S DEMONSTRATIO.N' PROGRAM REGIONAL TASK FORCE ON HOM E LESS.NESS $ Perform a wide variety of tasks focused on the rievelopfmnt and implementation of the Community Coordinated pI n to .Enid Youth I4orne ssne s e Ensure rre that programs are fiscally sand and operating a balm -awed budget, which inndudes d1 erirm to fiscal grid personnel timelines for rfrlgular ongoing activf les, as well as periodic idjustinents pertaining to contracts and transfer of expenses. e r fop a ncf track metrics to rr,r osure broad community outcomos f e iNtld on ending iri vc ui.h hnrr ctessness ▪ Providestern s suidanectisupport and planrrin # r the 1-101:1Sine and Urban c.)evelol rnent mandated programming, such as Coordinated Entry anti the Homeless .1ess tvlanagerrent Information System OCT UL:K 2014- APRIL 2019 PROGRAM MANAGER, PERMANENT 140USIt116 FATHER J E',$ VILLAGES ▪ D1:r4 tly supErVIS the EpMarNi Ors, 4ind Drug Counseior, Lcc tors, and Mental Health Clirilci4 $ a.ssigned to the multidisciplinary t ar . Participate and Support staff and clients In case plan and crisis intervention meetings ,▪ Schedule, 44.acilitate, and prepare, agendas fr.r staff meetings that iticlude team building, adrninistrative tsks, trainin s, and distribution of agency informa is r� • n tfRrst nci, -support, and pfomote the Housing F r, t model to families., veterans, transitional- 3.0 yo.ut t end 5Ingle adults ▪ Report. program activity on a qu rt rly and annual. basis in accordance with adrillnistra0vO and funding source requirements MAT 2014 AN DIEGO STATE UNIVERSITY., SAN 1)1E<50, CA { ;het,r of Arts in Sociology SAY 20i0 SOUTHWESTERN COMMUNITY C LL G CHULA VISTA, CA chelor of ArB in Corn municztions 50 of 361 CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, , COMMISSIONS, AND COMMITTEES Community & Police Relations Commission*. (CPRC) Civil Service Committee Library Board of Trustees Planning Commission Parks, Recreation & Senior Citizens Advisory Board Public Art Committee* Veterans & Military Families Advisory Committee* Traffic Safety Committee Port Commission )i Advisory Housing Committee' Applicants must be residents of the City of National City except for those markers by an asterisk (*)r All applicants must be U.S. Citizens. Applicants for the Community and Police Relations Commission must pass a criminal background check prior to appointment Applicants for the Advisory Housing Committee roust have subject matter expertise in housing -related issues. Name: Home Address: (Include Crty/TLip) Business Affiliation: Business Address: S_Axey\ Tel No Title: cZeCA. 1-tT,'( 0'2.1rrc\;CA kue Tel_. `N . LOiel Length of Residence in National City: (49 Sari Diego County: Educational Background: \. et IA_ Occupational Experience: -' f'Vessinna,l or Tchnical Organization Memberships: V49.. a04-Q. -=z50 viALs 0-,k1NAL C vic or Community Experience, Membership, or Previous Public Service Appointments: PLO California: \r-).3'‘ArAce-A 4clu UP A I, actrea_ t Experience or Special Knowledge Pertaining to Area of Interest: rVe-eCl-) 0.)(14-46, PM2a2,04-Cik Have you ever been convicTed of a felony crime? No: Yes:misdemeanor crime? No: Yes `� If any convictions were expunged disclosure is not required. Convictions are not necessarily disqualifying. Please feel free to provide an explanation or information if "Yes" was marked for the above two, g ugstions. l' ,c21 0We-en— LoOtter-ck revsirce 0-C as9 (..A3a.") 6 behind+1w h _e 1 , c cr. E Date: • 1.4-- Signature: r --► Jk. rritThi fn 1r-rsi Please feel free to provide additional information or letters of endorsement. Return completed fora to: Office of the City Clerk, 1243 National City Blvd., National City, CA 91950 Thank you for your interest in serving the City of National City. Rev, February 2020 Pursuant to the California Public Records Act, information on this form may be released to the public upon request. 51 of 361 BOARD OF LIBRARY TRUSTEES 1. Anzueth G. Zambrano 2. Coyote Moon 3. H. Bradley Bang 52 of 361 Community & Pofice Relations Comrnission*(CPRC) Library Board of Trustees ___ Parks, Recreation & Senior Citizens Advisory Board Veterans & Military Families Advisory Committee* Port Commission CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS AND COMMITTEES Civil Service Committee Planning Commission Public Art Committee* __ Traffic Safety Committee Advisory Housing Comlie*.a. sty Clerk Applicants must be residents of the City of National City except for hose marked by an asasterititYMN!tional City All applicants must be U.S. Citizens;. Applicants for the Community and Police Relations Commission must pass a criminal background check prior to appointment. A Applicants for the Advisory Housing Committee must have subject matter expertise in housing -related Issues. Name: Anzueth . Zambrano E-Mail: anzueth aonzaiez � r ail.00m Home Address I Iational,.City, CA 1 0Tel h o (include Cityr rp) Business Affiliation: Title: 'RECEIVED E F 02 2021 Business Address: _ Tel. No.: + - Length of Residence in National City: 2 .5 years San Diego County: 20 yearsCalifornia: 20 years Educational Background: Colgate University, B.A.,Political Science University of San Diego School of Law Parale al Certificate Occupational Experience: Volunteer Coordinator, Office of Alumni Relations at the niverst o. an l'ego Professional or Technical Organization Memberships: Civic or Community Experience, Membership, or Previous Public Service Appointments: Experience or Special Knowledge Pertaining to Area of Interest: As member of the hiRhered sector, I value the resources that are provided to community members through our City Library and would Aire to contribute to the maintenance of those resources. Have you ever been convicted of a felony crime? o: x Yes:_ misdemeanor crime? No: x Yes: If any convictions were expunged disclosure is not required. Convictions are not necessarily disqualifying. Please feel free to provide an explanation or information if "Yes" was marked for the above two questions. Date: September 2 2021 Please feel free to provide additional information or letters of endorsement. Return completed form to: Office of the City Clerk, 1243 National City Blvd., National City, CA 91950 Thank you for your interest In serving the City of National City. Pursuant to the California Public Records Act information on this form maybe released to the public upon request Rev. Febrrary 2020 53 of 361 Anzueth Getsemani Zawbrano anzuethgonzakz@sandiego.edu EDUCATION Colgate University, BA., Political Science, Hamilton, NY May 2015 • Office of Undergraduate Studies Scholar; awarded to students who triumphed over educational, socioeconomic, and cultural challenges • Attended the Graduate Institute of International and Development Studies in Geneva, Switzerland and the University Catholique de 1'Ouest in Angers, France as part of a semester abroad studying European international security and international treaties University of San Diego School of Law, Paralegal Certificate December 2020 • USD's Paralegal Program is approved by the American Bar Association PROFESSIONAL EXPERIENCE University of San Diego Interim Assistant Director of Marketing, Office ofAiumni Relations August 2019—Present • Create comprehensive marketing plans for each Alumni Association in -person or virtual event; an increase from an average of 180 events (are -CO ID) to 275 events for FY2021 • Confer and collaborate with Creative Services, Digital Communications, University Events & Partnerships and campus partners to ensure cohesive dissemination and advertisement of events • Manage 55 social media channels promoting upcoming signature, regional and affinity events as well as institutional wide news; platforms include Faeebook, Twitter, instagram and Linkedln • Oversee website content and maintenance of alumri,sandiego.edu and affiliated web pages • Identify outstanding domestic and international alumni to be a part of our Featured Torero program, an electronic publication on the Alumni Association website featuring Toreros who are going through important transitions in their professional and personal lives, are starting new businesslorganizations or are changer kern in their communities Volunteer Coordinator, Office o`Aautni Relations April 2017—Present • Develop new volunteer opportunities that engage, cultivate and steward our active volunteer base of7,600 alumni to support the mission of the USD Alumni Association which is to "engage and enrich the Torero community for life" • Lead the Alumni Board of Director's Volunteer Task Force in re -energizing the Torero Corps and increasing our alumni engagement score from 16.75% to 18% by June 30, 2022 • Conununicate, recruit, manage, onboard, track and recognize 1,500-1- volunteers on a given calendar year • Coordinate the logistics of all large-scale volunteer events such as Homecoming & Family Weekend, Torero Tuesday, Wine Classic; Torero Takeover, gents Weekend and Move -In Weekend • Provide ancillary support to campus partners such as the Office of Parent and Family Relations, Career Development Center, Mission and Ministry, faculty members and student organization through alumni engagement in their respective programming • Evaluate the effectiveness of volunteer opportunities by reviewing yearly goals and analyzing costs • Liaison to the San Diego Alumnae of the Sacred Heart Board of Directors; coordinated the development, production and distribution of printed material such as invitations, newsletters and direct mail pieces; responsible for event programming and management of a $17,000 annual budget A dmin istr tive Assistant, ,fee o f Ala ai Relations October 2015—April 2017 • Provide programmatic and administrative support to the Director ofInt'I Constituent Relations and the Office of Alumni Relations • Assist in organizing, .managing and staffing alumni reunions/events/fundraisers City of San Diego Office of the Clerk Archival Assistant June —October 2015 • Assist the Records Department with archival data entry and document preservation to facilitate citizens' access to municipal government documents • Evaluate, classify and maintain a detail record of city resolutions, ordinances, and additional requests 54 of 361 Colgate University A rnin/strati a Assistant, Dean of the College August 011-May 2015 • Collaborated with Deans of the College to effectively process confidential documents such as admission applications, transcripts, requests for medical leave, and disciplinary hearings according to the university's policies and procedures • Interacted with students, parents and professors and aided with scheduling appointments, processing applications and requests, drafting letters • Performed administrative work such as answering phones, mail and email correspondence, making copies, filing, redirecting students, parents and professors to appropriate departments and running daily errands Marketing Intern, Annual Fund August 014—May 2015 Created and provided bi-weekly statistical reports that included a breakdown of alumni donor frequency by gender, age, location, profession and common departmental donations • Drafted weekly appeal letters, emails and voicemails tailored to specific alumni coding • Analyzed department reports and communicated findings to AF director to implement findings and ensure future alumni participation • Supervised fellow student workers International Network for Human Rights Intern, Geneva, Switzerland July —December 2013 • Interpreted on -site meetings with the United Nations, NG0s, activists and lawyers • Translated documents such as news articles, letters and proposals for future programming concerning humanrights violations • Crafted budget proposals that allowed Guatemalan activists to present a case of human rights violations to the UN VOLUNTEER EXPERIENCE Class of 2015 Gift Committee, Colgate University October 2019—Present • Ambassador for the university, work closely with a designated Annual Giving staff member to determine fundraising goals for the current fiscal year Meal Server, Ronald McDonald House Charities San Diego August 2016—Present • Prepare and serve meals for families and individuals who have a child hospitalized. Over 150 people rely on Ronald McDonald House Charities to receive a warm and welcoming hot nutritious meal SKILLS/INTERESTS • Languages: Spanish & French (limited working proficiency) • Technology: iModules, AdvanceWeb, Salesforce, Canva, Wondershare Filmora, Adobe Photoshop Illustrator, Hootsuite, Facebook/Instagra Twitter inl edln/ ouTub Microsoft Office 55 of 361 cALiFQRN I/k T`+, Nat ONAL CITY J. '3 .i.) ibicoRpoRiftfrzo BOARDS, COMMISSIONS, AND COMMITTEES STATEMENT OF INTENT / REQUEST T FOR RE -APPOINTMENT The City Council will soon consider appointments and re -appointments to various Boards and Committees. Please check the box below that best indicates your desire or intent, sign and return to the City Clerk's Office. respectfully request to be re -appointed to the Library Board of Trustees. ni I do not desire to be re -appointed. Coyote Moon August 05, 2021 Signature Date Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 619-336-4226 ww .rrationaIcityca.gov 56 of 361 .,r.. CALIFORNIA NATIONAL CITY 33 BOARDS, COMMISSIONS, AND COMMITTEES STATEMENT OF INTENT/REQUEST FOR RE -APPOINTMENT 'TENT The City Council will soon consider appointments and re -appointments to various Boards and Committees. Pleasecheck the box below that best Fridicates your desire or, intent, sign and return to the City Clerk's Office. CM,\ 1 respectfully request to be re -appointed to th•e Library Board of Trustees. fl 1 do not desire to be re -appointed. H. Bradley Bang s Signature Date RECEIVED AUG 04 2D21 of the city aeik City of NaSc fal City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 6 T9-336-4 26 wwvir.nationaIctyca.gov 57 of 361 PUBLIC ART COMMITTEE 1. Augustine Buelna Jr. 2. Charles Reilly 3. Jose A. Lopez 4. Natalia Valerdi-Rogers 58 of 361 CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES RECEIVED Community & Police Relations Commission* (CPRC) Library Board of Trustees Parks, Recreation & Senior Citizens Advisory Board Veterans & Military Families Advisory Committee* Port Commission Civil Service CommitttEp 02 2021 Panning Commission Public Art Committeiigtice cal: the City Clerk City of Nalianal City Traffic Safety Committee Advisory Housing Committee* r. Applicants must be residents of the City of National City except for those marked by an asterisk (*). An applicants must be U.S. Citizens. < Applicants for the Community and Police Relations Commission must pass a criminal background check prior to appointment. Applicants for the Advisory Housing Committee must have subject matter expertise in housing -related issues. Name: Atittoil.MNE LAEL-NA Home Address: E-Mail: - st 4 ' Tel No: (include City/Zip) Nei.; i 4 CAA at, Lc% 5-0 Business Affiliation: iti/A Title: /V\ Business Address: l Tel. No.: Length of Residence in National City: r-. San Diego County:is California: ', i, Educational Background: as \-e go_c:‘,,..\ - I lake_ '.01t\lece- A- Matter-44a ciicoce\r1/4,e,\LA-- oi Af)t-e„ -- (f) C,cyksiAzei...14. ViLeNA.6,C-e_N‘\,e occupational Experience C., t V. e. GOB VOb 1..- ` Ib,, V _Vvtde _ 4Ldt-vt. \.\\ A`., C-e,v'Co.( rcsaL'. vo \LvAlitAA ) 0 Professional or Technical Crg. anization ° llernberships: v^x - o�y diVicit\''\. o \AA:\ 'AS eitt7Ci 64.-)4/9/A 0 c 14)& 'it /1.2earto I Civic or Comm, nit Experience, Membership, or Previous Public Service Appoi tments: 1e4,1 T- o titaktew 6.3,i-ozee A5( Experience or Special Knowledge Pertaining to Area of Interest: y ,ram �. 041 o 44r 1 /11i77 11144/ Ain 4Pt 4z4, rh Have you ever been convicted of a felony crime? No:X Yes: misdemeanor crime? No,' Yes: if any convictions were expunged disclosure is not required. Convictions are not necessarily disqualifying. Please feel free to provide an explanation or information if "Yes" was marked for the above two questions. T \ o Date: .?130/2-0Z1 Signatur 69- / y Please feel free to provide additional il`rformation or letters of endorsement. Return completed forr-rr to: Office of the City Clerk, 1243 National City Blvd, National City, CA 91950 Thank you for your interest in serving the City of National City. Pursuant to the California Public Records Act information on this for may be released to the public upon request. Rev. February 202.0 59 of 361 RECEIVED --- CALIFORNIA -yF INCORVOliATE: C1 AUG 0 4 2021 BOARDS, COMMISSIONS, AND COMMITTEES STATEMENT OF INTENT / REQUEST FOR RE -APPOINTMENT Umce of the City C erk City of National City. The City Council will soon consider appointments and re -appointments to various Boards and Committees. Please check the box below that best indicates your desire or intent, sign and return to theCity Clerk's Office., respectfully request to be reappointed to the Public Art Committee. 17 l do not desire to be re -appointed, Charles Reilly 6L1,0,4 "7- „106$21 Date Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 619-336-4226 www,nationalcityoa,gov 60 of 361 C6vY2i1-1-41 rAtielfrai-e• CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES Civil Service Committee Planning Commission .' _ PUbiic ArtCommittee* Traffic Safety Committee • Community & Police RelationsCommission* (CPRC) Library Board of Trustees Parks, Recreation & Senior Citizens Advisory Board Veterans & Military Families AdvisoryCommittee* Port Commission RECEIVED FP )2 2021 Advisory Housing emrrt' it the Applicants must be residents of the City of National City except for those marked by an asterisk. C . All applicants must be U.S. Citizens. Applicants for the Community and Police Relations Commission must pass a criminal background check prior to appointment. ent. Applicants for the Advisory Rousing Committee must have subject matter expertise in housing -related iS IJOS. Name: Home Address: (include City /p) Business Athliatton: Business Address: t Length of Residence in National City: 36 EducationalBackground: Occupational Experience: A E-Mail: Ot Tel No: San Diego County: Tel N 36 California: ItAizAwl; 0elyektit ceeidAl Professional or Technical Organize ion Memberships: nity Exp-rience, embership, Q Prev i Public Service Appointments: Experience or Special Knowledge Pertaining to Area of Interest: Have you ever been convicted ofa felony crime? NoX.Yes:_ misdemeanor crime? N9 Yes: If any convictions were expunged disclosure is not required, Convictions are not necessarily disqualifying, Please feel free to provide an explanation or information if "Yes" was marked for the above two questions. Cate 2-1/7A__ Signature: Please feel free to provide additional formatio r letters of endorsement. Return completed form to: Office of the City Clerk, 1243 National City Blvd., National City, CA 9195o Thank you for your interest in serving the City of National City. Pursuant to the California public Records Act, information on this form may be released to the public upon request. Rev. February 2O2C C'' Clerk 61 of 361 From: To: Subject: Date: Attachments: Jos0 Lopez PAC Application - Jose A, Lopez►pdf Thursday, September 2, 20214:141:06 PM PAC Applicotis n - Jo e A. Lopez,pdf CAUTION: This email originated from outside your organization, Exercise caution when opening attachments or clicking links, especially from unknown senders. Dear Mayor Sotelo-Solis, I am submitting this application for consideration as a full member of the National City Public Arts Committee. I have served for two meetings as an alternate member of the committee. I truly believe in the mission of what the committee does, and I thank you for the appointment. However, my hope is to be appointed as a full member, so as to be able to fully participate as part of this committee. If appointed, I would commit to serve the committee well, prioritizing attendance at the regular meetings. I want to also point out that should I not be appointed in this round, I will happily continue to serve in my current position as an alternate, As a recap of my background, I am a former Arts, Entertainment and Culture editor/journalist. Through this professional experience, I developed an objective appreciation of the arts and worked to inform the public about the local arts scene. As a lifelong National City resident and parent who is raising children who are interested in the arts, I want to do my part to help promote the arts in National City. I believe that serving on this committee would be a way for me to serve as a liaison between the arts and my community. Thank you for considering my application Sincerely, Jose A. Lopez 4 62 of 361 CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES Community & Police Relations Commission* (CPRC) Library Board of Trustees Parks, Recreation & Senior Citizens Advisory Board Veterans & Military Families Advisory Committee* Port Commission Civil Service Committee Planning Commission Public Art Committee* Traffic Safety Committee Advisory Housing Committee* Applicants must be residents of the City of National City except for those marked by an asterisk (*). All applicants must be U.S. Citizens. Applicants for the Community and Police Relations Commission must pass a criminal background check prior to appointment. Applicants for the Advisory Housing Committee must have subject matter expertise in housing -related issues. Narne: Natalia Valerdi-Rogers E-Mail: natalia valcrdi,com HomeAddres LaMesa 91941 (include City/Zip Business Affiliation: A Reason To Survive (ARTS) Title: Creative Youth Development Manager Business Address: 200 East 12th Street, National City 92105 TeL No: 2 years Length of Residence in National City: 2012-2014 San Diego County: 30 years California: 30 years Tel No: Educational Background: M.F.A, iri Dance and Technology from the University of California, Irvine B_A, in Dance from the University of California, San Diego Occupational Experience: 5 years as a full -tire arts administrator, including at the Media Arts Center San Diego. 20 years as an international ballet dancer, video artist, and guest teacher (Mexico Cuba, Switzerland, Sweden...). Professional or Technical Organization Memberships: Member of tt,e San Diego Creative Youth Development Network. leading the Equity, Diversity and Inclusion cohort, Civic or Community Experience, Membership, or Previous Public Service Appointments: Participant in the City Heights Economic Development Collaborative. Public speaker, SD Commission for Arts and Culture. Experience or Special knowledge Pertaining to Area of Interest: Worked as a teaching artist in NSD for 3 years through Collaborations of Teachers and Artists, won the Golden Bell Award, Familiar with the impact of public art. Have you ever been convicted of a felony crime? No: X Yes: misdemeanor crime? No: X Yes: If any convictions were expunged disclosure is not required. Convictions are not necessarily disqualifying. Please feel free to provide an explanation or information if '`Yes" was marked for the above two questions. Date: 01(04/2020 Signature: 1 i5 Please feel free to provide additional information or letters of endorsennent. Return completed form to: Office of the City Clerk, 1243 National City Blvd., National City, CA 91950 Thank you for your interest in serving the City of National City. Pursuant to the California Public Records Acf information on this form may be released to the public upon request. Rev, February 2020 63 of 361 PARK, RECREATION, & SENIOR CITIZEN ADVISORY COMMITTEE 1. FLORFI NA ARCE 2. REUBEN FELIZARDO 64 of 361 f 6 cALIFO Rii IA NAL dirry /416RpoR Al+D 1-,/ BOARDS, COMMISSIONS, AND COMMITTEES STATEMENT OF INTENT / REQUEST FOR RE -APPOINTMENT The City Council will soon consider appointments and re -appointments to various Boards and Committees Please check the box below that best indicates your desire or intent, sign and return to the City Clerk's Office, ! respectfully l I requestRecreation � to bere-appointed to the Park,� Feret�Senior Citizens Advisory Committee. I do not desire to be re -appointed. Florfina Arce Via Email Florfina Arce August 30, 2021 Signature Date Office of the City Clerk 1243 National City Boulevard, National City, CA 1 - 7 619-336-4226 wvvwv. netionalcityc .goer 65 of 361 CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES {Community & Police Relations Commission* (CPRC) Library Board of Trustees -' Parks, Recreation & Senior Citizens Advisory Board Veterans & Military Families Advisory Committee* Port Commission Civil Service Committee Planning Commission Public Art Committee* 'Traffic Safety Committee Advisory ory Housing Committee Applicants must be residence of the City of National City except for those marked by an asterisk ii). Atl applicants must be U.S. Citizens. Applicants for the Community and Police Relations Ca miss or must pass a criminal background check prior to appointment - Applicants for the Advisory Ficusir g Committee must have subject matter expertise in h using-retated issues. None: REU B Horne Address: !nclacde rt r p) Business Affiliation: Business Address: Length cf Residence in National City: Educational Background: .,1, asjimminimpr Tel No: Title:� Tel, No.: San Diego County, \alfcrnia J, 1 Occupational Experience: Alev - r w- Professional or Technical Organization Mernbershsps: Civic. or Community Experience, rviembership, or Previous Public Service Appointments: Experience or Special Knowledge Pertaining to Area of Inter F.. Have you ever been convicted of a felony crime? 'No:/Yes:,_ misdemeanor crime? No: Yes: if arty convictions were expunged disclosure is not required. Convictions are notnecessarily disqualifying. Please feel free to provide an explanation or information if ` 'es"' was marked for the above two questions. Date: Signature: Please feel free to provide additional information or letters of endorsement. Return: completed form to: Office of the City Cleric, 1243 National City Blvd., National City, CA 91950 Thank you for ycur interest in serving the City of National City, Pursuant to the California Public" Records Act, information an this form may be released to the public upon request. Rev. February 20 0? Lcs 1 66 of 361 TRAFFIC SAFETY COMMITTEE 1. Javier Alvarado 2. Marisa Rosales 3. Reuben Felizardo 67 of 361 BOARDS, COMMISSIONS, AND COMMITTEES STATEMENT OF INTENT / REQUE T FOR RE -APPOINTMENT The City Council will soon consider appointments and re -appointments to various Boards and Committees. Please check the box the City Clerk's Office. below that best indicates your desire or intent, sign and return to 1 respectfully requestto be re -appointed to the Traffic Safety Committee I do not desire to be re -appointed. Javier Alvarado Date 68 of 361 CALIFORNIA NATIONAL airy T....7, 113/ BOARDS, COMMISSIONS, AND COMMITTEES STATEMENT OF INTENT / REQUEST FOR RE -APPOINTMENT The City Council will soon consider appointments and reappointments to various Boards and Committees. Please check the box below that best indicates your desire or intent, sign and return to the City Clerk's Office. l respectfully request to be re -appointed to the Traffic Safety Committee. fl I do not desire to be re -appointed. Marisa Rosales Signature 02 Date RECEIVED AUG 1 6 2021 Office of the City Clerk Oty of I ati•onat City Office of the City Clerk 1243 National City Boulevard, National City, CA 919; 0--4397 1ca_ggL:_Annfin,ri- Ini*trn r1,'tr 69 of 361 CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS,, COMMISSIONS, AND COMMITTEES Community & Police Relations Commission* (CPRC) Library Board of Trustees _Z Parks, Recreation & Senior Citizens Advisory Board Veterans & rvlilitary Families Advisory Committee* Port Commission Civil Service Committee Planning Commission Public Art Committee* Traffic Safety Committee Advisory I -lousing Committee* Applicants must be residents of the City of National City except for those marked key ail asterisk i'T. 1 Ali applicants must be U.S. Citizens. Applicants for the Community and Police Relations Commission must pass a criminal background check prior to appoint. Applicants for the Armory Housing Committee must have subject matter expertise in housing -related issues Name: Home Address: (!nude City/Zip) Business Affiliation: Title: Business Address: .,lit: -!'''' Tel No: TeL No.: Length cf Residence in National City: eir-A San Diego County?: 4 alifornia: Jf � � � /11 Educational Background: A Occupational Experience: fie' . 41. Professional or Technical OrganizationMemberships: Civic or Community Experience, M m ership. or Previous Public Service Appointments: Experience or Special Knowledge Pertaining to Area of Interest:_..�T Have you ever been convicted of a felony crime? No:Yes:_ misdemeanor crime? No:,_ Yes: If any convictions were expunged disclosure is not required. Convictions are not necessarily disqualifying. Please feel free to provide an explanation or information if "Yes" was marked for the above two questions. Date: - Sig nature: Plz-32se feel free to provide additional information or letters of endorsement. Return completed `: m to: Office of the City Clerk, 1243 National City Blvd., National City, CA 91950 Thank you for your interest in serving the City of National City, Pursuant to the California Public Records Act, nformation on this Barn) may tie released to the public upon request Rev. February 2020 70 of 361 VETERANS & MILITARY FAMILIES ADVISORY COMMITTEE 1. Jhoana Alvarado 71 of 361 BOARD, COMMISSIONS, AND COMMITTEES STATEMENT OF INTENT / REQUEST FOR RE -APPOINTMENT The City Council will soon consider appointments and re -appointments to various Boards and Committees.. Please check the box below that best indicates your desire or intent, sign and return to the City Clerk's Office_ 1 respectfully request to be re -appointed to the Veterans & Military Families Advisory Committee ID I do not desire to be reappointed. Jhoana Alvarado Signat �'• )14)A3-) ,„. Date 72 of 361 Attachment C CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Appointments to Boards, Commissions, POLICY #107 and Committees ADOPTED: June 17,1986 AMENDED: February 2, 2021 PURPOSE To establish a procedure to serve as a guide in making appointments to various City Boards, Commissions, and Committees. The City currently has the following Boards, Commissions, and Committees to which this Policy applies: Mayor's Appointments: 1. Board of Library Trustees 2. Community and Police Relations Commission 3. Housing Advisory Committee 4. Park, Recreation and Senior Citizens Advisory Committee 5. Public Art Committee 6. Sweetwater Authority 7. Traffic Safety Committee 8. Veterans and Military Families Advisory Committee City Council Appointments: 1. Civil Service Commission 2. Planning Commission 3. Port Commission POLICY Appointment Process A. Opportunity to apply. All interested individuals shall be given an opportunity to submit applications for vacancies on City Boards, Commissions, and Committees. Incumbent Appointees are not automatically re -appointed but are required to fill out an abbreviated application provided by the City Clerk, indicating their interest in continuing to serve. B. Unexpired terms. If an incumbent Appointee was appointed to fill an unexpired term and the Appointee serves for less than one year in that position. In that case, the Council may re -appoint the incumbent without considering other applicants. C. Vacancies. When vacancies occur, the following procedure shall be followed: 1. Schedule vacancy. When a term is expiring or expires, public notice of the vacancy shall be made, inviting interested individuals to submit applications for the vacancy on a form provided by the City Clerk on the City website. 73 of 361 TITLE: Appointments to Boards and Commissions POLICY #107 ADOPTED: June 17,1986 AMENDED: February 2, 2021 2. Unscheduled vacancy. An unscheduled vacancy shall be filled according to Government Code Section 54974, which generally provides as follows: Whenever an unscheduled vacancy occurs, whether due to resignation, death, termination, or other causes, a special vacancy notice shall be posted in the office of the City Clerk, the City website, outside City Hall on the Bulletin Board and City social media platforms. Not earlier than twenty (20) days before or not later than twenty (20) days after the vacancy occurs. The City Council shall not make final appointment for at least ten (10) working days after posting the notice in designated locations. The notice's posting and application period shall be thirty (30) calendar days. However, if it finds that an emergency exists, the City Council may, fill the unscheduled vacancy immediately. According to this section, a person appointed to fill the vacancy shall serve only on an interim basis until the final appointment. 3. Government Code Section 40605, and National City Municipal Code Title 16, grants the Mayor, with the City Council's approvals, the authority to make all appointments unless otherwise explicitly provided by statute. The exceptions are: 1. Civil Service Commission 2. Port Commission 3. Planning Commission The City Council fills vacancies on these bodies. D. Implementation. Implementation of Council policy for appointment to Boards, Commissions, and Committees requires the following: 1. Per Government Code Section 54972, on or before December 31 of each year, the City Council shall prepare a list of appointments of all regular and ongoing boards, commissions, and committees appointed by the City Council. The City Clerk will prepare the list of all regular and ongoing boards, commissions, and committees appointed by the Mayor or the City Council. The list shall contain, a list of all terms that will expire during the next calendar year, the incumbent appointee's name, the appointment date, the terms expiration date, and the position's necessary qualifications. It shall also include a list of all boards, commissions, and committees whose members serve at the City Council's pleasure, and the qualifications required for each position. This Local Appointments List shall be made available to the public on the City website. 2. Notice. Placement of a public notice in the adjudicated newspaper the City uses for legal noticing advertising appointivevacancies, the City website, City Hall Bulletin Board, and City social media platforms. 74 of 361 TITLE: Appointments to Boards and Commissions POLICY #107 ADOPTED: June 17,1986 AMENDED: February 2, 2021 3. Expiration of term. All appointees will receive a letter as their terms expire asking if they would like to re -apply for the position; 4. Applications. Available on the City website and in the City Clerk's Office. Submission must be before the advertised deadline for consideration for the current appointment. All applications will be retained in the City Clerk's Office for one-year from submitting an application to be considered for other vacancies on Boards, Commissions, and Committees as marked on the application. The City Clerk's Office will notify the applicant being considered for an appointment to confirm that they are still interested in volunteering. 5. A member may only serve on one (1) Board, Commission, or Committee at a time. If applying for another position on a different Board, Commission, or Committee that applicant will forfeit the prior seat, and a vacancy will occur per policy. 6. Interviews: a. Mayor Appointments: Interviews for Mayoral appointments will be conducted by the Mayor outside of the public meeting and scheduled by the Mayor's Office. b. City Council Appointments: Interviews for the three (3) Civil Service, Planning and Port Commissions who serve at the City Council's pleasure and are appointed by the City Council as a body will be interviewed in the public forum at a City Council Meeting as described below. 7. Mayoral Appointments: The Mayor will make the motion to appoint (naming the appointee) and Councilmembers may second the motion. The City Clerk will then take a roll call vote of the City Council. A majority vote of the City Council will be required for the appointment. If, the majority of the City Council choose to deny the proposed appointment, at which point the Mayor would propose an alternative candidate from the current application pool, or could choose to reopen the application period and return to City Councils with a different applicant for consideration. If Mayor Appointment is not approved by the majority of the City Council by confirmation, that applicant is removed from the pool for that seat. The Mayor will return to a future meeting with a substitute Mayoral appointment. 8. For City Council Appointments, the Interview Process is as follows: a. The City Clerk will provide an overview of the Board, 75 of 361 TITLE: Appointments to Boards and Commissions POLICY #107 ADOPTED: June 17,1986 AMENDED: February 2, 2021 Commission and Committee (s) with current vacancy, the Mayor will introduce the applicant and the two (2) questions will be asked of each applicant on behalf of the City Council. b. Each applicant is given two (2) minutes to make a brief introduction of themselves and their qualifications to the City Council. c. Mayor and City Councilmembers will ask questions of each applicant. All applicants must be asked the same questions. d. Total time per applicant is five (5) timed minutes with a few minutes for clarification. No more than ten (10) minutes total per applicant. e. All appointments and interviews before the City Council will be scheduled as needed to fill unexpected vacancies, with every effort to be made before an individual's term expires. Interviews may take place at one meeting, with appointments made at a subsequent meeting. 9. Vacancies for City Council Appointed Positions. If the vacancy is for a Council appointed position, and there is more than one (1) applicant for a given position, the voting process will proceed as follows: Once the interviews are complete, each Councilmember votes for their choice via a written ballot provided by the City Clerk. Each Councilmember shall print and sign their name on the ballot. All ballots shall be considered a public record and open to inspection by the public. The ballots are passed to the City Clerk who announces the number of votes for each candidate. If, the appointment process is conducted via a virtual meeting the process is the same except the ballot/vote process. The City Clerk's Office will provide a Vote Sheet (a piece of paper electronically) with each applicants name to be considered. The Mayor will count to three (3) and the Council will hold their vote sheet up in front of their face to make sure it is captured on the camera during live virtual meeting. The City Clerk will tally the votes and will then confirm the votes with a verbal roll call. The applicant with the most votes is appointed. If meeting is held "in person" no changes to current process will be made for votes. In the event of a tie, each Councilmember votes again until one (1) candidate has the majority vote, and is declared to be the newly appointed. 10. Re -appointment beyond two terms. Anyone wishing to be re -appointed to any Board, Commission, or Committee, and has served two or more full terms already, 76 of 361 TITLE: Appointments to Boards and Commissions POLICY #107 ADOPTED: June 17,1986 AMENDED: February 2, 2021 must be approved by a four -fifths vote of the Council., If all five members of the Council are not present or if one member abstains or recuses their vote, the four - fifths requirement would be changed to require only a simple majority. 11. Report to Council: All applications received for vacancies no matter Mayoral Appointment or City Council Appointment will be attached to the staff report to Council. All applications will have private personal information redacted (name, street numbers and name of street address, and phone number). This redacted information is in alignment with law, Under Government Code Section 6255(a) personal contact information is exempt, and has been withheld on some documents. Personal information being withheld is in the interest of the applicant and their right to privacy which outweighs the public interest of disclosure. 12. An automatic vacancy upon becoming a Non -Resident. An unscheduled vacancy automatically occurs when a resident holding an appointment position on a City Board, Committee or Commission becomes a non-resident by moving out of National City limits. When an unscheduled vacancy occurs due to a resident becoming a non-resident, the unscheduled vacancy may be filled as follows: a. A special vacancy notice shall be posted in the Office of the City Clerk and the National City Library, and in other places as directed by the City Council, not earlier than 20 days before or not later than 20 days after the vacancy occurs. Final Appointment at a City Council Meeting, shall not be made by the Appointing Authority for at least 10 working days after the posting of the notice in the City Clerk's Office. b. The Appointing Authority may appoint the former resident to a Non- Residential position if a Non -Residential position is vacant. However, the Appointing Authority may, if it finds that an emergency exist, fill the unscheduled vacancy immediately. A person appointed to fill the vacancy shall serve only on an acting basis until the final appointment is made pursuant to this section. 13. Only City Residents may be elected to Chair, and Vice -Chair positions. To be eligible to be elected as the Chairperson of a City Board, Committee or Commission, the member must be a resident of the City. Appointing Authority Related Policy References Government Code Section 40605 Government Code section 54970, et seq. National City Municipal Code Title 16 (pending) Prior Policy Amendments: May 19, 2020 77 of 361 ATTACHMENT D BOARDS/COMMISSION/COMMITTEES BOARDS, COMMISSION AND COMMITTEES (11) TOTAL MEMBERS (51+) BOARD OF LIBRARY TRUSTEE (5 Members) CIVIL SERVICE COMMISSION (5 Members) COMMUNITY AND POLICE RELATIONS COMMISSION (8 Members) PARK, RECREATION AND SENIOR CITIZENS' ADVISORY COMMITTEE (7 Members) PLANNING COMMISSION and HOUSING ADVISORY COMMITTEE (7 Members) 2 Ex Officio PORT COMMISSION (1 Member) PUBLIC ART COMMITTEE (5 Members) SWEETWATER AUTHORITY (1 Member) TRAFFIC SAFETY COMMITTEE (5 Members) VETERAN'S AND MILITARY FAMILIES ADVISORY COMMITTEE (7 Members) TERM 3 Years 5 Years 3 Years 3 Years 4 Years 4 Years 3 Years 4 Years 3 Years 4 Years RESIDENCY REQUIREMENT Yes Yes 5 Resident up to 2 Non- Resident (1) Non -Voting Member Yes Yes Yes No n/a Yes 5 Resident up to 2 Non- Resident VOTER REQUIREMENT No No No No No No No No No No MAYORAL APPOINTMENT SUBJECT TO CONFIRMATION BY THE CITY COUNCIL X X X Housing Authority Only X X X X CITY COUNCIL AS A BODY APPOINTMENT X X X COMPENSATION No No No No Compensation set by Council Resolution No No No No No FORM 700 FILING REQUIREMENT Yes Yes Yes No Yes n/a No n/a No No MEETINGS 1 X per month 1X every other month 1X every 3 months 1X every 2 months 2X per month n/a 1X per quarter n/a 1X per month 1X per quarter REQUIRED TO REPORT TO COUNCIL ANNUALLY Yes, on or before August 31st and to the State Librarian Yes Yes Yes Yes Yes Yes Yes Yes Yes OTHER Can not be salaried employee or holds office of the City CITY COUNCIL POLICY #107 and NCMC TITLE 16 **Effective February 2, 2020 all Chair and Vice -Chairs are required to be NC Residents ALL BOARDS/COMMISSION/COMMITTEE MEMBERS ARE REQUIRED TO COMPLETE THE FOLLOWING TRAINING: AB1234 ETHICS AND SEXUAL HARRASSMENT TRAINING (EVERY 2 YEARS), Brown Act Training, Email and Social Media Training. Both the Sweetwater Authority and Port Commission are appointed for a 4 year term - However, they are reconfirmed on an annual basis when the Mayor makes the City Councilmembers Regional Appointments to Boards and Commissions 78 of 361 The following page(s) contain the backup material for Agenda Item: Appointments: City Boards, Commissions and Committees - City Council Appointment. (City Clerk) Please scroll down to view the backup material. 79 of 361 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 21, 2021 AGENDA ITEM NO. ITEM TITLE: Appointments: City Boards, Commissions and Committees — City Council Appointment (City Clerk) PREPARED BY: LuzMolina, City Clerk Shelley Chapel, Deputy City Clerk PHONE: (619) 336-4225 DEPARTMENT: City Clerk's Office APPROVED BY: Veil,&ewe EXPLANATION: Vacancy on the Civil Service Commission was noticed in the Star News, posted on the City Hall Bulletin Boards, City Website, and City Social Media sites to advertise opening and the application acceptance period. The vacancy notice for theCivil Service Commission was posted Wednesday, August 4, 2021, and all applications were due to the City Clerk's Office by the deadline of Thursday, September 2, 2021, at 5:00 p.m. (See Explanation (Attachment A) for more information) FINANCIAL STATEMENT: APPROVED: ,:F0Finance ACCOUNT NO. APPROVED: MIS !001-40 -000- 60-0000: $199.88 Legal Advertisement 1 ENVIRONMENTAL REVIEW: This action is not subject to review under the California Environmental Quality Act (EA) ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Conduct interviews and City Council appointment of new Commissioner. BOARD / COMMISSION RECOMMENDATION: In/a ATTACHMENTS: Attachment A — Explanation Attachment B — Applications (redacted) Attachment C — City Council Policy #107 Attachment D — Boards/Commission/Committees Reference Chart A 80 of 361 ATTACHMENT A The City Clerks Office began advertising and accepting applications for Vacancies on Civil Service Commission a City Council appointed Boards/Commissions/Committees (BCC) Wednesday, August 4, 2021 to Thursday, September 2, 2021. Background In order to obtain qualified candidates, a Notice of Vacancy was advertised on the following: The City website, posted on the City Hall Bulletin Boards, the Star News (twice) and City Social Media sites to advertise openings and the application acceptance period. Deadline to submit applications to the City Clerk's Office to be considered for vacancies for the second round was Thursday, September 2, 2021, at 5:00 p.m. All applications were received before the deadline. The City Clerk's Office received two (2) applications for the one (1) vacancy created by the resignation of Fred Puhn. BCC Civil Service Commission Number of Open Seats and Term expiration for that seat (1) One Seat 09/30/2022 Appointing Member(s) City Council Residency Requirement Yes Electoral of Compensation City Requirement None There is a residency requirement for the vacant seat, and both applicants meet that requirement. As staff mentioned in the previous report dated August 3, 2021, one (1) applicant Javier Alvarado is currently a member of the Traffic Safety Committee appointed December 4, 2018, to present with a term that expires September 30, 2021. Attendance of meetings is shown below for reference. Attendance: 2021 — Nine (9) Attendance: 2020 Nine (9) Attendance: 2019 - Twelve 'UZI Meetings Attended: 4 Meetings Attended: 1 Meetings Attended: 2 Meetings Absent: 2 Meetings Absent: 5 Meetings Absent: 6 Meetings Cancelled: 3 Meetings Cancelled: 3 Meetings Cancelled: 4 As a reminder City Council Policy #107 (D)(5) states: A member may only serve on one (1) Board, Commission, or Committee at a time. If applying for another position on a different Board, Commission, or Committee that applicant will forfeit the prior seat, and a vacancy will occur per policy. Applicants to interview and consider: 1. Javier Alvarado 2. Gonzalo Quintero 81 of 361 LVIWifvkA--- CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS , AND COMMITTEES fill ,. 2421 », a Community & Police relations Commission* (CPRC) Library Board of Trustees Parks, Recreation & Senior citizens Advisory Board Veterans & Military Farnilies Advisory Committeek Port Commission ission RECEIVED , Civil Service _ clerk Planning COMIC4534%0110nal city Public Art Committee* Traffic Safety committee Advisory Housing usir+ committee' Applicants must be residents of the City of Natimnal City except for those marked by an asterisk (4). All applicants must be U.S. citizens, Applicants for the community and Police Relations Commission must pass a criminal background check prior to appointment Applicants for t the Advisory Housing omr ritte:e must have subject matter expertise in housing -related issues, Name: -Mail: cAta. Home Address: Tel No: , (include City/Zip) Business Affiliation: Business Address: A\U‘ 'k\o' \ c Title: ' r�' { "•' 4.{ a� 1 1 kA)5' Tel. Ne . Length of Residence in National City: San Diego County: Mt> m California: L Educational Background. A '1 Occupational Experience: Vokuuk 044 Professional or Technical organization Memberships: ttle AQtax,Lof 115:botri2ii \P‘te Pi4vi‘tuIVA Civic or Comniuni Experi n e, Membership, or Previou Public ServiceAppointments: 41R C.. 4 e- es:/-4-4kA 4-,.%4‘1`01, Ve A(...5 NO04-4.42/_. tdi Corr CI\ Experience or Special Knowledg dg Pertaining to Area of Interest: ,r‘y,i, f Have you ever been convicted of a felony crime? I't .`"� Yes: misdemeanor crime? o:'es: If any convictions were expunged disclosure is not required. Convictions are not necessarily disqualifying. Please fee( free to provide an explanation or inform tlon if "Yes" was marKed for the above two questions. Date t)5 inatu : Plea , e feel free to provide additiaial inf&?nation or letters of endorsement. Return completed form to: Office of the City Clem, 1243 National City Blvd., National city, CA 91950 Thank you for your interest in serving the City of National city. Pursuant to the California Public Records Acto information on this form may be released to the public upon request, Rear_ Febr Jary 2020 82 of 361 CITY OF NATONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES Community & Police Relations Commission* (CPRC) Library Board of Trustees ,..,.... Parks, Recreation & Senior Citizens Advisory Board Veterans & Military Families AdvisoryCommittee* Port Commission } Civil Service Committee 1�" r Planning or rniss `n'. 0 2 2cci2 Public Art f rid Clerk Traffic Safety Cortitnitteiemnaiotv Advisory Housing Committee* Applicants must be residents of the city of National city except for those marked by an asterisk (1. All applicants must be U.S. Citizens. Applicants for the Community and Police Relations commission must pass a criminal background check prior to appointment. Applicants for the Advisory Housing Committee rust have subject matter expertise in housing -related issues. Name: Home Address: (include /tfZt) Tel Business Affiliation: Title: Business Address: Tel. No.: Length of Residence in Nationai City: Educational Background: bova-Nri/v-ct 6c. 14" San Diego County: '3 1 CAA 0 tel Occupational Experience: te3,4 7ex,-. 5-5 #06-41' iPst-16‘,A /5' fi California: Professional or Technical Organization Memberships: W Civic or Community Experience, Memership, or Previous Public Service Appointments. Experience or Special Knowledge Pertaining to Area of Interest. nivi 1 SCvV:ce tfc ck bra (1:19 ok Have you ever been convicted of a felony crime? No: Yes:__misdemeanor crime? No , `des: if any convictions were expunged disclosure is of required, Convictions are not necessarily disqualifying, Tease feet free to provide an explanation or information if lies" was marked for the above two questions. 17s./ Date. I Signature: Please feel free to provide additionni information or letters of endorsement. Return completed form to: Office of the City Clerk, 1243 National City Blvd., National City, CA 91950 Thank you for your interest in serving the City of National City, Pursuant to the California Public Records Actt Information on this form may be released to the public .upon request Rev. February 2020 83 of 361 Attachment C CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Appointments to Boards, Commissions, POLICY #107 and Committees OPTED: June 17, 1986 AMENDED: February 2, 2021 PURPOSE To establish a procedure to serve as a guide in making appointments to various City Boards, Commissions, and Committees. The City currently has the following Boards, Commissions and Committees to which this Policy applies: Mayor's s Appointments 1. Board of Library Trustees ?, Community and Police Relation Commission 3. Housing Advisory Committee 4. Park, Recreation and Senior Citizens Advisory Committee . Public Art Committee 6. Sweetwater Authority 7, Traffic Safety Committee 8. Veterans and Military Families Advisory Committee City Council Appointments: 1. Civil Service Commission 2. Planning Commission 3. Port Commission POLICY ,pioLn.tnnent Process A. Opportunity to apply. Ali interested individuals shall be given an opportunity to submit applications for vacancies on City Boards, Commissions, and Committees. Incumbent Appointees are not automatically re -appointed but are required to fill out an abbreviated application provided by the City Clerk, indicating their interest in continuing to serve. B. Unexpired terms. If an incumbent Appointee was appointed to fill an unexpired term and the Appointee serves for less than one year in that position. In that case, the Council may re -appoint the incumbent without considering other applicants. C. Vacancies. When vacancies occur, the following procedure shall be followed 1. Schedule vacancy. When a terns is expiring or expires, public notice of the vacancy shall be made, inviting interested individuals to submit applications for the vacancy on a form provided by the City Clerk on the City website. 84 of 361 TITLE: Appointments to Boards and Commissions POLICY 4107 ADOPTED: . June 17, 1986 'iENI ED: February 2, 2021 2. Unscheduled vacancy. An unscheduled vacancy shall be filled according to Government Code Section 54974. which generally provides as follows: Whenever an unscheduled vacancy occurs, whether due to resignation, death, termination. or other causes, a specialvacancy notice shall be posted in the office of the City Clerk. the City website, outside City Hall on the Bulletin Board and City social media platforms. Not earlier than twenty (20) days before or not later than twenty (20) days after the vacancy occurs. The City Council shall not make final appointment for a.t least ten (10) working days after posting the notice in designated locations. The notice's posting and application period shall be thirty (30) calendar days. However. if it finds that an emergency exists, the City Council may, fill the unscheduled vacancy immediately. According to this section, a person appointed to fill the vacancy shall serveonly on an interim basis until the final appointment. 3. Government Code Section 40605. and National City Municipal Code Title 16, grants the Mayor, with the City Council's approvals. the authority to make all appointments unless otherwise explicitly provided by statute. The exceptions are: 1. Civil Service Commission 2. Port Commission 3. Planning Commission The City Council fills vacancies on these bodies. I. Implementation. Implementation of Council policy for appointment to Boards, Commissions, a.nd Committees requires the following: 1. Per Government Code Section 54972, on or before December 31 of each year, the City Council shall prepare a list of appointments of all regular and ongoing boards, commissions, and committees appointed bythe City y Council. The City Clerk will prepare the list of all regular and ongoing boards., commissions, and committees appointed by the Mayor or the City Council. The list shall contain, a list of all terns that will expire during the next calendar year, the incumbent appointee's name, the appointment date, the terms expiration date, and the position's necessary qualifications. It shall also include a list of all boards, commissions, and committees whose members serve at the City Council's pleasure, and the qualifications required for each position. This Local Appointments List shall be made available to the public on the City website. Notice. placement of a public notice in the adjudicated newspaper the City uses for legal noticing advertising appointivevacancies, the City website, City Hall Bulletin Board, and City social media platforms. 85 of 361 TITLE: App0intments to Boards and Commissions POLICY #107 ADOPTED: June 17, 1986 AMENDED: February 2, 2021 3. Expiration ofterm. All appointees will receive a letter as their terms expire asking if they would like to re -apply for the position; 4 Applications. Available on the City welisite and in the City Clerk Office. Submission must be before the advertised deadline for consideration for the current appointment. All applications will be retained in the City Clerk's Office for one-year from submitting an application to be considered for other - vacancies on Boards, Commissions, and Committees as marked on the application. The City Clerk's Office will notify the applicant being considered for an appointment to confirm that they are still interested in volunteering. 5. A member may only serve on one (1) Board, Commission, or Committee at a time, If applying for another position on a different Board, Commission, or Committee that applicant will forfeit the prior seat, and a vacancy will occur per policy. 6. Interviews: a. Mayor Appointments: Interviews for Mayoral appointments will be conducted by the Mayor outside of the public meeting and scheduled by the Mayor's Office. b. City Council Appointments: Interviews for the three (3) Civil Service,. Planning and Port Commissions who serve at the City Council's pleasure and are appointed by the City Council as a body will be interviewed in the public forum at a City Council Meeting as described below. Mayoral Appointments: The Mayor will make the motion to appoint naming the appointee) and Councilmernbers may second the motion. The City Clerk will them take a roll call vote of the City Council. A majority vote of the City Council will be required for the appointment. If the majority of the City Council choose to deny the proposed appointment, at which point the Mayor would propose an alternative candidate from the current application pool, or could choose to reopen the application period and return to City Councils with a different applicant for consideration. If Mayor Appointment is not approved the by majority of the City Council by confirmation, that applicant is removed from the pool for that seat. The Mayor wilt return to a future meeting with a substitute Mayoral appointment. 8. For City Council Appointments, the Interview Process is as follows: a. The City Clerk will provide an overview of the Board, 86 of 361 TITLE: Appointments to Boards and Commissions POLICY #107 ADOPTED: June 17, 1986 AMENDED: February 2, 2021 Commission and Committee (s) with current vacancy, the Mayor will introduce the applicant and the two (2) questions will be asked of each applicant on behalf of the City Council. b. Each applicant is given two ) minutes to make a brief introduction of themselves and their qualifications to the City Council. c. Mayor and City Councillnembers will ask questions of each applicant. Alt applicants must be asked the same questions. d, Total time per applicant is five (5) timed minutes with a few minutes for clarification. No more than ten (10) minutes total per applicant. e. All appointments and interviews before the City Council will be scheduled as needed to fill unexpected vacancies, with every effort to be made before an individual's term expires. Interviews may take place at one meeting, with appointments made at a subsequent meeting. . Vacancies for City Council Appointed Positions, If the vacancy is for a Council appointed position, and there is niore than one (1) applicant for a given position., the voting process will proceed as follows: Once the interviews are complete, each Couneilmember votes for their choice via a written ballot provided by the City Clerk, Each Councilmember shalt print and sign their name on the ballot. All ballots shall be considered a public record and open to inspection by the public. The ballots are passed to the City Clerk who announces the number of votes for each candidate. If, the appointment process is conducted via a virtual meeting the process is the same except the ballot/vote process. The City Clerk's Office will provide a Vote Sheet (a piece of paper electronically) with each applicants name to be considered. The Mayor will count to three (3) and the Council will hold their vote sheet up in front_ of their face to make sure it is captured on the camera during live virtual meeting, The City Clerk will tally the votes and will then confirm the votes with a verbal roll call. The applicant with the most votes is appointed. If meeting is held in person, no changes to current process wi l l be made for votes. In the event ofa tie, each Councilmember votes again until one (1 ) candidate has the majority vote, and is declared to be thenerdy appointed. 1 0,Re-appointment beyond two terns. Anyone wishing to be re -appointed to any Board, Commission, or Committee, and has served two or more full terms already, 87 of 361 TITLE: Appointments to Boards and Commissions POLICY #107 ADOPTED: Jule 17, 1986 A. ENDED: February 2, 2021 imist be approved by a four -fifths vote ofthe Council., If all five members ofthe Council are not present or if one member abstains or recuses their vote, the four fifths requirement would be changed to require only a simple majority. Report to Council: All applications received for vacancies no matter Mayoral Appointment or City Council Appointment will be attached to the staff report to Council. All applications will have private personal information redacted (name, street numbers and name of street address, and phone number). This redacted information is in alignment with law, Linder Government Code Section 6255(a) personal contact information is exempt, and has been withheld on some documents. Personal information being withheld is in the interest of the applicant and their right to privacy which outweighs the public interest of disclosure. 12. An automatic vacancy upon becoming a Non -Resident. An unscheduled vacancy automatically occurs when a resident holding an appointment position on a City Board, Committee or Commission becomes a non-resident by moving out of National City limits. When an unscheduled vacancy occurs due to a resident becoming a non-resident, the unscheduled vacancy may be filled as follows: a. A special vacancy notice shall be posted in the Office of the City C l e rl and the National City Library, and in other places as directed by the City Council, not earlier than 20 days before or not later than 20 days after the vacancy occurs. Final Appointment at a City Council Meeting, shall not be made by the Appointing Authority for at least 10 working days after the posting of the notice in the City Clerk's Office. b. The Appointing Authority may appoint the former resident to a on- Residential position if a Non -Residential position is vacant. However. the Appointing Authority may, if it finds that an emergency exist, fill the unscheduled vacancy immediately. A person appointed to fill the vacancy shall serve only on an acting basis until the final appointment is made pursuant to this section. 13. only City Residents may be elected to Chair, and Vice -Chair positions. To be eligible to be elected as the Chairperson of a City Board, Committee or Commission, the member must be a resident ofthe City. Appointing Authority Related Policy References Government Code Section 40605 Go\ ernrnent Code section 54970. et seq. National City Municipal Code Title 16 (pending) Prior Policy Amendments: May 19, 2020 88 of 361 ATTACHMENT D BOARDS/COMMISSION/COMMITTEES BOARDS, COMMISSION AND BOARD OF LIBRARY TRUSTEE (5 Members) CIVIL SERVICE COMMISSIONAND (5 Memibers) COMMUNITY POLICE RELATIONS COMMISSION (8 Members) i PARK, RECREATION AND SENIOR CITIZENS' ADVISORY PLANNING COMMISSION and HOUSING ADVISORY PORT COMMISSION (1 Member) PUBLIC ART SWEETWATER AUTHORITY (1 Member) TRAFFIC VETERAN'S AND MILITARY FAMILIES ADVISORY COMMITTEE (5 Members) SAFETY COMMITTEE (5 Members) COMMITTEES 11� TOTAL MEMBERS (51+) COMMITTEE (7 Members) 2 Ex Officio COIVIMITTEE (7 Members) COMMITTEE (7 Members) TERM 3 Years 5 Years 3 Years 3 Years 4 Years 4 Years 3 Years 4 Years 3 Years 4 Years RESIDENCY REQUIREMENT Yes Yes 5 Resident up to 2 Non- Resident (1) Non -Voting Member Yes Yes Yes No n/a Yes 5 Resident up to 2 Non- Resident VOTER REQUIREMENT No No Na i o No No No No No 10 MAYORAL APPOINTMENT SUBJECT TO CONFIRMATION BY THE CITY COUNCIL X X X Housing Authority Only X X X X CITY COUNCIL AS A BODY APPOINTMENT X X X COMPENSATION No No N o No Compensation set by Council Resolution N o No No No No FORM 700 FILING REQUIREMENT Yes Yes No Yes ri/a No n/a floc+ No pm= Yes 1 X per month 1X every other month 1X every 3 months 1X every 2 months 2X per month Elia 1X per gw4rter n; A 1X per month 1X per quarter MEETINGS REQUIRED TO REPORT TO COUNCIL ANNUALLY Yes, on or before August 31st and to the State Librarian Yes Yes Yes Yes Yes r`es Yes Yes Yes OTHER Can not be salaried employee or holds office of the City CITY COUNCIL POLICY #107 and NCMC TITLE 16 **Effective February 2, 2020 all Chair and Vice -Chairs are required to be NC Residents ALL BOARDS/COMMISSION/COMMITTEE MEMBERS ARE REQUIRED TO COMPLETE THE FOLLOWING TRAINING: AB1234 ETHICS AND SEXUAL HARRASSMENT TRAINING (EVERY 2 YEARS), Brown Act Training, Email and Social Media Training. Both the Sweetwater Authority and Port Commission are appointed for a 4 year term - However, they are reconfirmed on an annual basis when the Mayor makes the City Councilmembers Regional Appointments to Boards and ,Commissions 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. 90 of 361 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) 91 of 361 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. 92 of 361 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 93 of 361 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 94 of 361 RESOLUTION NO. 2021 - 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 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 WHEREAS, on March 4, 2020, the State of California proclaimed a State of Emergency as a result of the Coronavirus Disease 2019 (COVID-19) pandemic; and WHEREAS, on January 26, 2021, per Resolution No. 2021 — 02, City Council authorized the City Manager to execute a Mutual Aid Agreement with the County for the administration of COVID-19 vaccinations that was set to expire on April 30, 2021; and WHEREAS, on April 4, 2021, the City Manager entered into a First Amendment to the Mutual Aid Agreement extending the term to September 30, 2021; and WHEREAS, the City of National City and County now desire to enter onto a Second Amendment extending the Mutual Aid Agreement term to June 30, 2022; and WHEREAS, 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 authorize 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. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: Section 1: Authorizes the Mayor to ratify a First Amendment extending the term to September 30, 2021. Section 2: Authorizes the Mayor to execute 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). Section 3: Authorizes 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. 95 of 361 Resolution No. 2021 — Page Two Section 4: The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolution. PASSED and ADOPTED this 21st day of September, 2021. Alejandra Sotelo-Solis, Mayor ATTEST: Luz Molina, City Clerk APPROVED AS TO FORM: Charles E. Bell Jr., City Attorney 96 of 361 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. 97 of 361 CITY OF NA710fJAL cITY, CALIPORNIA 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 (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 Prograrn for FY 2022. The City of National City will be reimbursed $77,068 for FY 2022. PREPARED BY: Alejandro Hernandez, Captain PHONE: Ext.4519 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 FY2022. FINANCIAL STATEMENT: ACCOUNT NO, Revenue: 001-11108-3467 Expenditure: 001-41 1-108-* FY 2021 $77,068 DEPARTMENT: Police APPROVED BY: APPROVED: APPROVED: Finance MM I S 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 / COMMISSION RECOMMENDATION: ATTACHMENTS: Agreement between the City of National City and the National School District Exhibit "A" Scope of Services Powerpoint presentation 98 of 361 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 99 of 361 CT3864 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 100 of 361 CT3864 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 101 of 361 CT3864 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 102 of 361 CT3864 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. 103 of 361 CT3864 16. INSURANCE. 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 104 of 361 CT3864 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 105 of 361 CT3864 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. 106 of 361 CT3864 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] 107 of 361 CT3864 By: Charles E. Bell Jr. City Attorney IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY NATIONAL SCHOOL'RICT By: By: (Name) Alejandra Sotelo Solis, Mayor Arik Avanesyaris (Print) APPROVED AS TO FORM: Assistant Superintendent Business Services (Title) Board Approval: August 11, 2021 108 of 361 CT3864 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. 109 of 361 CT3864 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 110 of 361 CT3864 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 111 of 361 CT3864 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 112 of 361 CT3864 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 113 of 361 CT3864 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 114 of 361 CT3864 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. 115 of 361 CT3864 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 151-5/4542377.1 151-5/4542377.2 116 of 361 RESOLUTION NO. 2021 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, RATIFYING AN AGREEMENT AND AUTHORIZING THE MAYOR TO EXECUTE THE RATIFIED AGREEMENT WITH THE NATIONAL SCHOOL DISTRICT FOR PARTIAL FUNDING OF THE SCHOOL RESOURCE OFFICER PROGRAM WITH A $77,068 REIMBURSEMENT TO THE CITY OF NATIONAL CITY FOR FISCAL YEAR 2022 WHEREAS, the City of National City ("City") Police Department currently assigns two (2) Police Officers as School Resource Officers ("SROs"); and WHEREAS, SROs provide specialized campus security and general law enforcement services to the National School District; and WHEREAS, agreements between the City and the National School District fund the salaries and benefits for the SROs; and WHEREAS, this Agreement between the City and the National School District is retroactive to July 1, 2021, and extends through June 30, 2022; and WHEREAS, approval and ratification of the National School District Agreement allows the City to continue sharing the costs of the School Resource Officer Program with the National School District; and WHEREAS, upon approval and ratification of this Agreement, the National School District will reimburse the City $77,068 for Fiscal Year 2022. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: Section 1: Authorizes the Mayor to execute an Agreement with the National School District for Fiscal Year 2022 with a reimbursement to the City of $77,068. Section 2: The City Clerk shall certify the passage and adoption of this Resolution and enter it into the book of original Resolution. PASSED and ADOPTED this 21st day of September, 2021 Alejandra Sotelo-Solis, Mayor ATTEST: Luz Molina, City Clerk APPROVED AS TO FORM: Charles E. Bell Jr., City Attorney 117 of 361 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. 118 of 361 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 21, 2021 AGENDA ITEM NO. AMP ITEM TITLE: Resolution of the City Council of the City of National City approving the one (1) year ratified Agreement and Authorizing the Mayor to execute the ratified Agreement with the Sweetwater Union High School 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. PREPARED BY: ;Alejandro Hernandez, Captain DEPARTMENT: Folic PHONE: Ext. 4519 APPROVED BY: EXPLANATION: The National City Police Department currently assigns two police officers as School Resource Officers (SROs). SROs provide specialized campus security and general law enforcement services to the Sweetwater Union High School District and the National School District. The salaries and benefits for these SROs are funded by a joint agreement between the City of National City and the Sweetwater Union High School District. v 37b 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 Sweetwater Union High School. Upon approval and ratification of this item, the City of National City would be paid $105,000 for FY2022. FINANCIAL STATEMENT: ACCOUNT NO. Revenue: 001-11108-3467 Expenditure: 001-41 1-108-* FY 2021 $105,000 APPROVED: APPROVED: Finance MIS ENVIRONMENTAL REVIEW: This action does not constitute a project under California Environmental Quality Act (CEQA) Guidelines Section 15378(b)(2). ORDINANCE: INTRODUCTION: FINAL ADOPTION: i STAFF RECOMMENDATION: Approve the Resolution. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Agreement between the City of National City and the Sweetwater Union High School Exhibit "A" Scope of Services PowerPoint presentation. 119 of 361 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. 120 of 361 . 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. .• ' _ •. '.. 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 Page 2 of 11 City of National City and Sweetwater Union HSD 121 of 361 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 Page 3 of 1 l City ofNational City and Sweetwater Union HHSD 122 of 361 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 Page 4 of 11 City ofNational City and Sweetwater Union ISD 123 of 361 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 Page 5 of 11 City otNational City and Sweetwater Union kLSD 124 of 361 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) Page 6 of 11 City °Matiounl City and Sweetwater Union ILSD 125 of 361 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 Page 7 of 11 City ofNational City and Sweetwater union HSD 126 of 361 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: Page 8 of 1 1 City of National City and Sweetwater Union HLSD 127 of 361 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. Page 9 of 11 City of1Natiooal City and Sweetwater [anion HSD 128 of 361 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. Page 10 of 11 City of Nation41 City and Sweetwater Union HsD 129 of 361 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 1/1 ah • ..y- Y .yy,fa.I—. �. •.tw �•� F ova, •• • • • •••p 1M•'!�� a.• a l• IM 111. vA"••" •• 1• 130 of 361 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" 1 131 of 361 RESOLUTION NO. 2021 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, RATIFYING AN AGREEMENT AND AUTHORIZING THE MAYOR TO EXECUTE THE RATIFIED AGREEMENT WITH THE SWEETWATER UNION HIGH SCHOOL DISTRICT FOR PARTIAL FUNDING OF THE SCHOOL RESOURCE OFFICER PROGRAM WITH A $105,000 REIMBURSEMENT TO THE CITY OF NATIONAL CITY FOR FISCAL YEAR 2022 WHEREAS, the City of National City ("City") Police Department currently assigns two Police Officers as School Resource Officers ("SROs"); and WHEREAS, SROs provide specialized campus security and general law enforcement services to the Sweetwater Union High School District; and WHEREAS, agreements between the City and the Sweetwater Union High School District fund the salaries and benefits for the SROs; and WHEREAS, this Agreement with the Sweetwater Union High School District will be retroactive to July 1, 2021, and extends through June 30, 2022; and WHEREAS, approval and ratification of the Sweetwater Union High School District Agreement allows the City to continue sharing the costs of the School Resource Officer Program with the Sweetwater Union High School District; and WHEREAS, upon approval and ratification of this Agreement, the Sweetwater Union High School District will reimburse $105,000.00 for Fiscal Year 2022. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: Section 1: Authorizes the Mayor to execute an Agreement with the Sweetwater Union High School District for Fiscal Year 2022 with a reimbursement to the City $105,000. Section 2: The City Clerk shall certify the passage and adoption of this Resolution and enter it into the book of original Resolution. PASSED and ADOPTED this 21st day of September, 2021 Alejandra Sotelo-Solis, Mayor ATTEST: Luz Molina, City Clerk APPROVED AS TO FORM: Charles E. Bell., City Attorney 132 of 361 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. 133 of 361 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: 9/29/2021 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City approving the settlement betweenCheryl Newell and the City of National City. PREPARED BY: Charles E. Bell, Jr., City Attorney PHONE: 4222 EXPLANATION: DEPARTMENT: Charles E. Bell,, Li APPROVED BY: City Attorney 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 # 1 -14 5 — WCAB ## A J13 '3, ("Litigation"). In Closed Session on August 3, 2021, City Council authorized a $50,000 settlement on the Litigation. FINANCIAL STATEMENT: APPROVED: ACCOUNT NOAPPROVED: 627-407-081-433 Worker's Comp Claim Costs Finance MIS ENVIRONMENTAL REVIEW: This action does not constitute a project under California Environmental Quality Act (CEQA) Guidelines Section 15378(b)(2). ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt Resolution approving the $50,000 settlement between Cheryl Newell and the City of National City BOARD 1 COMMISSION RECOMMENDATION: ATTACHMENTS: • Resolution 134 of 361 RESOLUTION NO. 2021 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING THE SETTLEMENT BETWEEN CHERYL NEWELL AND THE CITY OF NATIONAL CITY WHEREAS, on September 20, 2019, Plaintiff Cheryl Newell ("Plaintiff") filed a Workers' Compensation case against the City of National City ("City"); and WHEREAS, the Workers' Compensation case is titled Workers' Compensation Appeal Board Case No. Claim # 19-144956— WCAB # ADJ13235277 ("Litigation"); and WHEREAS, in Closed Session on August 3, 2021, the City Council by the following votes: Yeas, 5; Nays, 0; Absent, 0; authorized settlement on the Litigation for $50,000.00 according to such other terms more fully outlined in the Settlement Agreement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: Section 1: Authorizes the Administrative Services Director to pay the sum of fifty thousand ($50,000.00) from the Workers' Compensation Claim Costs Fund No. 627-407- 081-433-0000, in settlement of each and every claim for damages, interest, costs, and fees of any type against the City of National City, its agents, and employees, arising from the Workers' Compensation case filed by Plaintiff Cheryl Newell. Section 2: The City Clerk shall certify the passage and adoption of this Resolution and enter it into the book of original Resolution. PASSED and ADOPTED this 21st day of September, 2021. Alejandra Sotelo-Solis, Mayor ATTEST: Luz Molina, City Clerk APPROVED AS TO FORM: Charles E. Bell Jr., City Attorney 135 of 361 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. 136 of 361 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: /21 / 021 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 lawsuitin the Superior Court for the County of San Diego. The lawsuit is United States District Court, Southern District of California — Case No. 1 -C - 4-BEN-BC ("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: ACCOUNT N. APPROVED: Liability Cost Fund No. '-40 - 1-0 -0 0C Finance MIS ENVIRONMENTAL REVIEW: This action does not constitute a project under California Environmental Quality Act (CEQA) Guidelines Section 15378(b)(2). ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt Resolution approving the settlement agreement between between Mauquieta McNeil and Taneka McNeil and the City of National City. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: • Resolution 137 of 361 RESOLUTION NO. 2021 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING THE SETTLEMENT AGREEMENT BETWEEN MAUQUIETA MCNEIL AND TANEKA MCNEIL AND THE CITY OF NATIONAL CITY WHEREAS, on March 30, 2019, Plaintiffs MAuquieta McNeil and Taneka McNeil ("Plaintiffs") filed a lawsuit against the City of National City ("City") and National City Police Officers regarding the detention, arrest, and death of Earl McNeil. WHEREAS, Plaintiffs brought the suit in the United States District Court for the Southern District of California; and WHEREAS, the suit is titled Tammy Davis v. City of National City, United States District Court for the Southern District of California, Case No. 19-CV-534-BEN-BGS ("Litigation"); and WHEREAS, in Closed Session on May 18, 2020, the City Council, by the following votes: Yeas, 5; Nays, 0; Absent, 0; authorized settlement on the Litigation for $300,000.00 and according to such other terms more fully outlined in the Settlement Agreement; and WHEREAS, on August 9, 2021, Plaintiffs executed a Settlement Agreement agreeing to resolve the Litigation. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: Section 1: Approves the Settlement Agreement and authorizes the Administrative Services Director to pay the sum of three hundred thousand ($300,000.00) from the Liability Cost Fund No. 627-405-081-032-0000, in settlement of each and every claim for damages, interest, costs, and fees of any type against City of National City, its agents and employees, arising from the Litigation filed by Plaintiffs. Section 2: The City Clerk shall certify the passage and adoption of this Resolution and enter it into the book of original Resolution. PASSED and ADOPTED this 21st day of September, 2021. Alejandra Sotelo-Solis, Mayor ATTEST: Luz Molina, City Clerk APPROVED AS TO FORM: Charles E. Bell Jr., City Attorney 138 of 361 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. 139 of 361 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 II EPARTMENT: En in PHONE: 1 - -4 18 APPROVED BY: EXPLANATION: See staff report. rinpui9lic Works ti FINANCIAL STATEMENT: APPROVED: FINANCE ACCOUNT NO. APPROVED: MIS Funds are appropriated in various accounts for FY 2022; funding for subsequent fiscal years is dependent on future appropriations as part of annual budget. ENVIRONMENTAL REVIEW: This action is not subject to review under the California Environmental Quality Act (CEQA). ORDINANCE: INTRODUCTION FINAL ADOPTION STAFF RECOMMENDATION: Adopt Resolution executing a First Amendment t ► the Agreement with Vortex Industries, Inc. BOARD I COMMISSION RECOMMENDATION: ATTACHMENTS: I. Explanation 2. First Amendment to Agreement . Agreement 4. Resolution 140 of 361 Explanation:, On July I, 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's Facilities Maintenance Supervisor. The original Agreement is for a not -to -exceed amount of $60,000, and for an initial term of two years. Historically, Vortex Industries, Inc. has provided services to the City in the amount of approximately $30,000 per year, however this year various unforeseen issues required additional repairs and replacements of roll -up gates and doors citywide. Based on their performance, quality 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 $120000 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. 141 of 361 AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND VORTEX INDUSTRIES, JNC THIS FIRST AMENDMENT TO THE AGREEMENT is entered into this 7TH day of September, 2021, by and between the CITY OF NATIONAL CITY, a municipal corporation ('CTY), and VORTEX INDUSTRIES, INC., a California corporation (the "CONTRACTOR"). RECITALS WHEREAS, the 'ITS and the CONTRACTOR entered into an Agreement on July I, 2020 "the Agreement"), wherein the CONTRACTOR ACTO agreed to provide Citywide on - site service, repairs and maintenance to roll -up doors and gates, for a not -to -exceed amount of $603000, and a term of two (2) years; and WHEREAS, the parties desire to amend the Agreement by increasing the $6OOOO not -to -exceed amount by $60,000, for a total not -to -exceed amount of $120,000. AGREEMENT NOW, THEREFORE, the parties hereto agree that: I. The July 13 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 I , 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. f/ Amended Agreement Page 1 of 2, City ()Motional City and Revised July 2021 Vortex Industries, Inc. 142 of 361 CITY OF NATIONAL CITY VORTEX INDUSTRIES, INC., Californiar rtin air:gee; By: AlejandraS t io-SoIi t Mayor APPROVED AS TO FORM: By: Charles E. Bell Jr. City Attorney Geis (Print) Vfoe President (Title) Gene Salas (Print) CFO (Title) Amended Agreement Page 2 of 2 City oftslational City and Revisal July 2021 Vortex Indu tri & Inc. 143 of 361 AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND VORTEX INDUSTRIES, INC. THIS AGREEMENT is entered into on this i st day of July, 2020, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and. VORTEX INDUSTRIES, ., a California corporation (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to provide additional City- wide on -site service, repairs, and maintenance to roll -up doors and gates, as -needed and as directed by the City's Facilities Maintenance Supervisor, cumntly Arturo Gonzalez, WHEREAS, the CITY desires to benefit from the CONTRACTOR'S working knowledge and familiarity of city -owned service, repairs, and maintenance to roll -up doors and gates. WHEREAS, the CITY has determined that the CONTRACTOR is. a eommerciai and in ustarial door repair services company and is qualified by experience and ability to perform the services desired by the CITY, and the CONTRACTOR is willing to perform such ser ioes, • 4 ■ 1 •4 ' r r NOW, TH FORB, THE PARTIES HERETO DO MUTUALLY . E A FOLLOWS: ENGAGEMENT of CONTRACTOR. The CITY agrees to engage the CONTRACTOR to provide additional it - ide on -site service, repairs, and maintenance to roll -up doors and gates, and the CONTRACTOR agrees to perform the services set forth here in accordance with all terms and conditions contained herein, i The CONTRACTOR represents that all services shall be performed directly the CONTRACTOR or wader direct supervision of the CONTRACTOR, 2. EFFECTIVE DATE AND LE T o1 A C TT. This Agreement will become effective on July 1, 2020, The duration of this Agreement is for the period of July I 2020 through June 30, 2022, Completion dates or time durations for specific portions of the project are set forth in. Exhibit "A". 3. SCOPE OF SERVICES. Given CONTRACTOR'S working knowledge and familiarity of cit r-own.ed roll -up doors and gates services and the City's on -going repair needs, the CONTRACTOR will perform those city-wide services as set forth in the attaohed Exhibit The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. 144 of 361 The CITY may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR kinder this Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services. 4, PROJECT COORDINATION AND . I I . Arturo Gonzalez, Facilities Supervisor, hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Direotor to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. Noomi Corona thereby is designated as the Project Director for the CONTRACTOR. 5, COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on monthly billings covering actual work perforined. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work des ribed in Exhibit "A" shall not exceed $60,000. The compensation for the CONTRACTOR'S work shall not exceed the rates set forth in Exhibit "A". Monthly invoices will be processed for payment ent and remitted within thirty days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A", as determined by the CITY. The CONTRACTOR shall maintain. all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred, and shall make such matins available at its o.ce at all, rcaonable times durin+the term of this Agreement and for three years from the date of final -payment under this Agreement, for inspection by the CITY,. - and for wishing of copies to the CITY, if requested. _.- 6. The CITY shall decide any and all questions .q�u IPA In•w, rIMMi which may arise as to the quality or acceptability y of the services performed and the manner xer of performance, the acceptable completion of this Agreement, and the amount of compensation due. In the event the CONTRACTOR and the CITY mot agree to the quality or acceptability of the work, the manner of perfoimance and/or the compensation_ payable to the CONTRACTOR in this Agreement, the CITY or the CONTRACTOR shall give to the other written notice, Within ten 1 business days, the CONTRACIOR and the CITY shall eaoh prepare a report which supports their position and file the same e ritl the other party. The CITY shall, with reasonable diligence, determine the quality or acceptability of the work,the manner of per o nanee and or the compensation payable to the CONTRACTOR. 7. DisrosrnoN AND OWNERSIllP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings,. Plans, Specifications, and other documents prepared by the CONTRACTOR for this project, whether paper or electronic, shall: (1) be free from defects; (2) become the property of the CITY for use with respect to this project; and shall be turned over to the CITY upon completion of the project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONTRACTOR hereby assigns to the CITY, and CONTRACTOR theTeby expressly waives and declaims any copyright in, and the Might to reproduce, all written material, drawings, plans, specifications, or other work prepared under this Agreement, except upon the CITY'S CITY'prior authorization regarding Standard Agecoment Page 2 of 12 City ofNitiorxa& City and Revised May 2019 Vortex InduBiries, Imo EY21 145 of 361 reproduction, which authorization shall note unreasonably withheld. The CONTRACTOR shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and d disclaimer. The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any ether way, medium,or method utilize the CONTRACTOR'S written work product for the CITE' S purposes, anathe CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings, or specifications prpared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section 14, but only with respect to the effect of the modification or rouse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of Services of this pro j eet, unless otherwise mutually agreed. 8. IW� TT C � " A ' R Bothparties hereto in the performance f this .Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers s with one another. Neither the CONTRACTOR nor the CONTRACTOR'S employees are employees of the CST, and are not entitled to any of the rights, benefits, or privileges of the CITY'CITY'S employees, including but not limited to retirement, medical, unemploy- ment, or workers' compensation insurance. This Agreement contemplates the personal son ides of a CONTRACTOR and the CONTRACTOR'S employees, and it is yecognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and cornpetene of the CONTRACTOR and its employees. Neither this Agreement, nor any interest herein, may be assigned by the CONTRACTOR without the prior written consent of the CITY. Nt ing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees, or SUBCONTRACTORS, as the CONTRACTOR may deem necessary for the proper and efficient per form nce of this Agreement. All agreements by CONTRACTOR with its SUBCONTRACTOR(S) shall require the SUBCONTRACTOR(S) to adhere to the applicable terms of this Agreement. 9. fONTROL. Neither the CITY, nor its officers, agents, or employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR'S employees, except as set forth in this Agreement. The CONTRACTOR, or the CONTRACTOR'S agents, servants, or employees are not in any manner agents, servants, or employees of the CITY. The CONTRACTOR and its agents, servants, and employees are wholly independent from the CITY and CONTRACTOR'S obligations to the CITY are solely prescribed by this Agreement, 10. COMPLIANCEWITH APPLICABLE LAW, The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all applicable state and Federal statutes and regulations, and all applicable ordinances, rules, and regulations of the City ofNational City, whether now in force or subsequently enacted. The CONTRACTOR and each of its I O TI CTOT S), shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. Standard Agreement Page 3 of 1 _ City ofNutional City and Revised May 2019 Vortex Industries, kw., FY21 146 of 361 l NSEs ETC. The CONTRACTOR represents and covenants that it has all licenses, pets, qualifications, and approvals of whatever nature that are legally required to praoticc its profession. CONTRACTOR nmst promptly produce a copy of any such license, permit, or approval to CITY upon request. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all tunes during the term of this Agreement, any license, permit, or approval which is legally required for the CONTRACTOR to practice its profession. 12. FrANDARD OF CARE. A. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONTRACTOR'S trade or profession currently practicing under similar conditions and in similar* locations. The CONTRACTORshad tale all speoia1 precautions necessary to protect the CONTRACTOR'S RAC' .'S employees and members of the public from risk of hann arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this Agreement, the CONTRACTOR warrants to the crry that it is not now, nor has it for the five years pre ceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONTRACTOR'S professional performance nance or the furnishing of materials or services relating thereto, C. The CONTRACTOR ACT is responsible for identifying any unique p ducts, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR has been retained to perform, Within the time requirements of the CITY, or, •when no time is specified, then within a commercially reasonable time. Accordingly, unless ihe CONTRACTOR R has notified the CITY otherwise, the CONTRACTOR arrnt that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONTR.A.CTOR to use due diligence under this sub -section will render the CONTRACTOR R liable to the erry for any increased cost that result from the CITY'CITY'S later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified,, then withina commercially reasonable time. 13. NON-DISCREVIINATION PROVISIONS. The CONTRACTOR shall not disoriminate against any employee or applicant for employment because of age, race, color, a .cestry, religion, sex, sexual orientation, marital states, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition* Stroh action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination n clause. 14. CONFIDENTIAL INFORMATION. The CITY may from time to time commcrnieate to the CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR Standard Agreement Page 4 of 12 City ofNationtil City and Revised may 201 Vortex Industries, Inca FY 1 147 of 361 shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONTRACTOR shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the ser icos to be provided herein. The foregoing obligation of this Section 14, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (11) is, through fault of the CONTRACTOR, hereafter disclosed in publicly affable sources of information; iii is already in the possession of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONTRACTOR by a third party, but only to the extent that the use or disclosure thereofhas been or is rightfully authorized by that third party. The CONTRACTOR shall not disclose any reports, r col mendations, conclusions or other results of the spices or the existence of the subject matter of this Agreement t without the prior written consent of the CITY. In its performance .ere der, the CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONTRACTOR shall be liable to CMI for any damages caused by breach of this condition, pursuant to the provisions of Seetion 15. 15. INDEMNIFICA41 il' 1L SS, To the maximum extent provided by law, The CONTRACTOR agrees to defend, indemnify and hold harmless the City of National City, its officers, officials, agents, employees, and volunteers against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, o any kind 9r nature, including worker' workers'.i,onmensfition claims, of or by anyone whomsoever, resulting from or arising out of the CONTRACTOR'S performance or other obligations under . this Agreement; provided, however, that this indemnification and hold harmless shall not include any claims or Liability arising from the established solo negligence or willful misconduct of the CITY, its agents, officers, employees or volunteers. Crilt will cooperate reasonably in the defense of any action, and CONTRACTOR shall employ competent counsel, reasonably acceptable to the City Attorney, The indemnity, defense, and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement, 16. EMPLOYEE PAYMENT$ AND INDEMNIFICATION. 115.1 PERS EligibilityIndemnification. If CONTRACTOR's employees providing services under this Agreement claims, or is determined by a court of competent jurisdiction or the California Public Employees Retirement System "PERS"to be eligible for enrollment in PERS of the CITY, CONTRACFOR,shall indemnify, defend, and hold harmie,qs CITY for the payment of any employer and employee contributions ions for PERS benefits on behalf of the employee as well as for payment of any penalties and inmost on such contributions which would otherwise be the responsibility of the CITY. CONTRACTOR'S eniployees providing ser i e under this Agreement shall not: (1) for any compensation and benefit under PE ; be entitled to any benefits under PERS; enroll in PERS as an employee of CITY; (4) receive any employer contributions paid Standard Agreement P ago 5 of 12 City of ationol City and Revised May 2019 Vortex Industries, Mc., iw Y2 l .,••• 148 of 361 by crry for PERS benefits; or be entitled to any other PERrelated benefit that would accrue to a CITY employee. CONTR. T ..'s employees hereby waive any claims to benefits or compensation desexibed in this Section 16. This Section 16 applies to CONTRACTOR notwithstanding any other agency, state or federal policy, x'le, regulation, law or ordinance o. contrary. 16.2 Limitation of CITY Liability, The payment made -to CONTRACTOR under this Agreement shall be the full and complete compensation to which CONTRACTOR and CONTRACTOR's 's officers, employees, agents, and subcontractors are ratified for performance of any work under this Agreement. Neither CONTRACTOR nor NTRT R's officals, employees, agents, and subcontractors are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to CITY employees. The CITY will not male any federal or state tax withholdings on behalf of CONTRACTOR. The CITY shall not be required to pay any workers' compensation insurance on behalf of CONTRACTOR. 16.3 Indemnification for. Employcp Payments. CONTRACTOR awes to defend and indemnify the CITY for any obligation, olaim, suit, or demand for tax, retirement eoniribution including any contribution to PERS, social security, salary or wages, overtime payment, or workers' compensation payment which the CITY may be required to make on behalf of(I) CONTRACTOR, any employee of CONTRACTOR, or any employee of CONTRACTOR construed to be an employee of the CITY, for work performed under Ibis Agreement This is a continuing obligation that survives tho termination of gx ement, 17. FRS' COMPEN$ATIPN. The CONTRACTOR still comply with all of the provisions of the Workers' Compensatib:4 Innuluice and Safety cts f tb.e State of California, tho applicable provisions of Division 4 and 5 of the California Labor Code and all amendments thereto; and all similar State or federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, employees, and volunteers from and against all clad, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including reasonable attoi ey's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which, may be incurred by reason of any work to be peiformed by the CONTRACTOR under this Agreement. 18, INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its UB CT . , when applicable, to purehase and maintain throughout the term of this Agreement, the following insurance policies: A. _ If checked, Professional Liability Insurance etTors and omissions) with minimum limits of $1,000,000 per occurrence. Automobile Insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles. The policy shall name the CITY and its officers, agents, employees, and vo1unt ers as additional insureds, and a separa1e additional insured endorsement shall be provided. C. Commercial General Liability Insurance, with miniuurn limits of either $2,000,000 per occurrence and $4,000,000 aggregate, or $1,000,000 per occurrence and Standard Agreement Page 6 of 12 City ofNational City and Revised Mt y 2019 Vortex industries} inc., FY 1 • • 149 of 361 $2,000,000 aggregate with a $2,000,000 umbrella policy, covering at. bodily injury and property damage arising out of its operations, work, or performance under this Agreement, The Policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this `project" or "location", The "project" or "location" should be noted with specificity on an endorsement that shall be incorporated into the policy. D. Workers' Compensation Insurance in an mount sufficient to meet statutory requirements covering all of CONIMACTOR'S employees and employers' liability insurance with limits of at least $1,000,000 per acoideat. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the CITY. Said endorsement shall be provided prior to conuencement of work under this Agreement. If CONTRACTOR has no employees subject to the California Workers' Compensation and Labor laws, CONTRACTOR shall execute a Declaration to that effect. Said Declaration shall be provided to CONTRACTOR by CITY. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, officials, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Saki polities shall provide for thirty (30) days prior written notice to the ITY's Risk Manager, at the address listed in subsection below, of cancellation or material change. F. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, ., the CONTRACTOR hall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retvo" date must be on or before the .date of this Agreement. r .... G. The Certificate Holder for a policies of insurance required 1y this 8 cotikn shhall be: City of National City c/o Risk Manager 1243 National City Boulevard National City, CA 91950-4397 I -I, Insurance shall be written with only insurers authorized to conduct business in California that hold, a ctusrent policy holder's alphabetic and financial size category rating of not less than A:WI according to the current Best's Key Rating Guide, or a company of equal financial stability that is approved by the CTT 'S Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent List of Approved Surplus Line Insurers 'L LL") and otherwise meet rating requirements, I* This Agreement shall not take effect until certificate(s) or other aufficient proof that these insurance provisions have been complied with, are filed with and. approved by the CITY' S Risk Mager. lithe CONTRACTOR does not keep all insurance policies required by this Section 18 in full force and effect at all ties during the term of this Agreement, the CITY ay treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the A e xient as provided herein. J. A11 deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. CITY reserves the right to modify the insurance Standard Agreement Page 7 of 12 City of National City and Revised May 2019 Vortex industries,Ina, Chi 150 of 361 i 1 requirements of this Section 18, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. K. If the CONTRACTOR maintains broader coverage or higher limits(or both) than the minimum limits shown above, the CITY shall be entitled to the broader coverage or higher limits (or both) maintained by the CONTRACTOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY. 19. LEGAL rE S 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 inacoun eies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevails party in sued 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 posts and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense ofthe action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the apt rah amount of attorney's fees incurred by the prevailing party. 20. TERMINATION. . A. This Agreement may be terminated d with or without oause by the CITY. T toinat ioai; without cause shall be effectivo only upon 0-day's writterknotice to the CONTRACTOR. During said ay period the CONTRACTORshall perform all services in accordance with this Areenrent, Bi This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by tho CONTRACTOR in connection with the formation of this Agreement or the perfor anee of seiTices, or the failure to perform. services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. D. In the event of termination, all wished. or uelmished Memoranda Reports, Maps, Drawings, Pik ns, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONTRACTOR shall be entitled to rccei o just and equitable compensation for any work satisfactorily completed on such do ouments and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONTRACTOR'S breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 7. E. The CITY further reserves e right to immediately terminate this Agreement upon: 1 the filing of petition in bankruptcy affecting the CONTRACTOR; a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a busing reorganization, on, change in business mine or change in business status of the CONTRACTOR. 21. NOTICES. All notices or other communit ations required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express Standard Agreement Page 8 of 12 City of Natiolka1 City and Revised May 019 Vortex industries, Inc, FY 1 151 of 361 or the like); or sent by registered or certified mail, postage prepaid, return re ei t requested; or sent by ordinary mail, postage repaid; 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, (ill) if mailed by registered, certified or ordinary mail, five days(ten (10) days if the address is outside the State of California) after the date of deposit 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 char es prepaid, or (v) if given by telex, teieeop , facsimile or fax, when sent, Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the follow persons: To 1 Y Arturo Gonzalez Facilities Supervisor Engineering and Public Works City of National City 1243 National City Boulevard National City, CA 91950-4397 To 1 TRA T R: Toemi Corona Customer Service Lead • Vortex Industries, Inc, 7270 Engineer Rd,, Ste. E. San Diego, CA 92111 #' ' 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 t or communication sent, Any notice, request, demand, direction or other communication Lion sent by cable, telex, teleeop , facsimile or fax must be confirmed within forty- eight (48) hhours by letter mailed or delivered as spoei ed in this Section. 22. CoNFuer OF' ' C FORM . T i - �M•YY pBUCATIONS. During the term of this Agreement the CONTRACTOR. shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City, The CONTRACTOR also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR has a material finEm.cial interest, either direct or Wired, without rust notifying the CITY of that fat; The CONVACTOR shall at ail tines comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall iminediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONTRACFOR has a financial interest as defined in Government Code Seetion 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. Standard Agreement ent Page 9 of 12 Cily of National. City and Revised May 2019 Vortex industries, Iii *, I Y 1 • • 152 of 361 0 If checked, the CONTRACTOR shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONTRACTOR shall file a Statement of Eoonomic Interests with the City Clerk of the City of National City in a timely manner on foetus which the CONTRACTOR shall obtain from the City Clerk. The CONTRACTOR shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Section 22 by the COM RA.CTOR. 23. PREVAILING WAGES. State prevailing wage rates may apply to work performed under this Agreement. State prevailing wages rates apply to all public works contracts as set forth in California Labor Code, including but not limited to, Sections l 20, 1720.2, 1720.3, 1720.4, and 1771. Contractor is solely responsible to deterinine if State prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations. 24. ADMINISTRATIVE PROVISIONS. A. Computation of Time Periods, If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 , , 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 saro i .st nont. C. Capiions. Any captions to, or headings of, the sections or subsections of this Agreement .are solely fbr the convenience of the parties hereto, are not a part of this Agreemeet, 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 incorponited herein by this reference for all purposes. To the extent any exhibits, schedules, or provisions thereof conflict or are inconsistent with the terns and conditions contained in this Agreement, the terns and conditions of this Agreement cnt shall control. F. Amendment to this Agreement, The terms of this Agreement may not be modified or amended except by an it trui elnt in writing executed by each of the parties hereto. G. Assignment & Assumptionofdigs, CONTRACTOR shall not assign this Agreement, in whole or in part, to any other party without first obtaining the written consent of CITY, H. Waiver. The waiver orfailure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any suet. provision or any other provision hereof. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. The venue for any legal action arising under this Agreement shall be in either state or federal court in the County of San Diego, State of California. Standard Agreement Page 10 of 12 City orHat!one City mid Revised May 2019 Vortex Industries, Imo+,1 Y21_ 153 of 361 tAudit. 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) year after final payment u er the Agreement, per Govemaxent Code Section 8546.7. K. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject roatter 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 ply to be bound thereby, L. SuccesPors and Asivigns. This Agreement shall be binding upon gold shall inure to the benefit of the successors and assigns of the parties hereto. reto. M. Subcontractors or Subcontractors. The CITY is engaging the services of the CONTRACTOR identified in this Agreement. The CONTRACTOR R shall not subcontract any portion of the work, unless such subcontracting was part of e original proposal or is allowed by the CITY in writing. In the event any portion of the wore under this Agre,enent is subcontracted, the subcontractor(s) shall be required to comply with and agree to, for the benefit of and in favor of the CITY, both the insurance provisions in Seetion 18 and the indemnification and hold harmless provision of Section 15 of this Agreernent. I/ 11/ Ill Standard Aptemont Page 11 of 12 City &Motional City end Revised Miiy 2019 Vortex Industries, hne , FY21 • 154 of 361 N. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such part, 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 ibis Agreement following such review and the rendering of such advice, and (vi) any rile or •construction to the effect that ambiguities are to be resolved against the drafting party shall not apply iri the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the elate and year first above written. CITY OF NATIONAL CITY By: Bra : `" � I1, City Manager ger APPROVED AS TO FORM: By: Argil . orris City o-►ey Standard Agreement VORTEX TI E , INC., A CALIFORNIA CORPORATION (Coy orarion - signatures of two corporate tee Oleo-5 required, (Partnership or Sole propriet arAlj' — one signature) B Page 12 of 12 Gene Salas (Print) CFO vrn Geis (Print) Vice President Cif WO City of National City and Revised May 2019 Vortex Industries, ln�:., ri" 1 155 of 361 EXHIBIT A Prevailing Wage Rates Southern California (Mon-Eit8:OOam.4:3Qpm): { ,STRAIGHT TIME . ,(ortFri TIME t 1"1: 4: �R &A pm400p T w7m HALF ; 0p ..) (ll I other tiros LIETI • holidays)• E 1 SINGLE MAN $190.00/hour $286.001hour $380.00/hour CREW $300.001hour . 0/hour 00.00/hour ESTIMATES NO CHARGE Each visit subject to a minimum 1 hour Service Charge o 1 Year Warranty on Parts & 90 Days on Labor for all repairs 0 No Fuel Surcharges, Truck & Equipment Charges or various fees o All types of Doors & Hardware: Rof!Up Doors, Automatic Doors, Fire Doors, Hollow Meta! Doors, , cress Controls, Glass Entrance Doors, e uri y Gales, Glass Replacement Board Ups, Dock Levelers & Equipment and a// related hardware. 1/13/2020 o 156 of 361 RESOLUTION NO. 2021 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, 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 AND AUTHORIZING THE CITY MANAGER TO EXECUTE FUTURE AGREEMENT TERM EXTENSIONS WHEREAS, on July 1, 2020, the City of National City ("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's Facilities Maintenance Supervisor for a not -to -exceed amount of $60,000 for an initial term of two (2) years; and WHEREAS, Vortex Industries, Inc. has provided services to the City for approximately $30,000 per year; however, this year, various unforeseen issues required additional repairs and replacements of roll - up gates and doors citywide; and WHEREAS, City staff is requesting City Council authorize the Mayor to execute 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 term extensions. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: Section 1: Authorizes 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. Section 2: Authorizes the City Manager to execute future Agreement term extensions. Section 3: The City Clerk shall certify the passage and adoption of this Resolution and enter it into the book of original Resolution. PASSED and ADOPTED this 21st day of September, 2021. Alejandra Sotelo-Solis, Mayor ATTEST: Luz Molina, City Clerk APPROVED AS TO FORM: Charles E. Bell Jr., City Attorney 157 of 361 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. 158 of 361 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 $1 0,000, due to the demand and continuous need for assistance with specialized elevator services. PREPARED BY: Tirza Gonzales, Management Analyst APARTMENT: Engin PHONE: 619-336-4318 APPROVED BY: EXPLANATION: See staff report. Public Works FINANCIAL STATEMENT: APPROVED: FINANCE ACCOUNT NO. APPROVED: MIS Funds are appropriated in various accounts for FY 2022; funding for subsequent fiscal years is dependent on future appropriations as part of annual budget. ENVIRONMENTAL REVIEW: This action is not subject to review under the California Environmental Quality Act (CEQA) ORDINANCE: INTRODUCTION FINAL ADOPTION STAFF RECOMMENDATION: Adopt Resolution executing a First Amendment to the Agreement with 4 Hour Elevator, Inc. g BOARD 1 COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Explanation 2. First Amendment to Agreement 3. Agreement 4. Resolution 159 of 361 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. 160 of 361 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, 161 of 361 . 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. 162 of 361 AGREEMENT BY AND BETWEEN THE CITY F NATIONAL NAL CITY AND 24 HOUR ELEVATOR, INC. THIS AGREEMENT is entered into on this 1st day of July, 2020, by and between the CITY OF NATIONAL I AL CITY, a municipal corporation (the "CITY"), and 24 HOUR ELEVATOR, INC., a California corporation (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to provide additional City- wideon-site elevator maintenance, service, repairs, inspections for the fiscal year ending June 30, 2020, as -needed and as directed by the City's Facilities Maintenance Supervisor, currently Arturo Gonzalez. WHEREAS, the CITY desires to benefit from the CONTRACTOR'S working knowledge and familiarity of city -owned elevators and con -going repair needs. WHEREAS, the CITY has determined that the CONTRACTOR is an elevator service and repair company and is qualified by experience and ability to perform the services desired by the CITY, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES IIERETO DO MUTUALLY AGREE AS FOLLOWS: ENGAGEMENT OF CONTRACTOR. The CITY agrees to engage the CONTRACTOR to provide additional on -site elevator maintenance, service, repairs, inspections and the CONTRACTOR agrees to perform the services set forth here in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services shall be performed directly by the CONTRACTOR or under direct supervision of the CITRACTOR. 2. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement will become effective on July 1, 2020. The duration of this Agreement is for the period of July 1. , 2020 through June 30, 2023. Completion dates or time durations for specific portions of the project are set forth in Exhibit "A". 3. SCOPE OF SERVICES. Given CONTRACTOR'Sworking knowledge and familiarity of city -owned elevators and the City's on -going repair needs, the CONTRACTOR will perform those city-wide services as set forth in the attached Exhibit "A". The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. 163 of 361 The CITY may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services. 4. PROJECT COORDINATION AND SUPERVISION. Arturo Gonzalez, Facilities Supervisor, hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution ofthis Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRMTOR. Chris Sommese thereby is designated as the Project Director for the CONTRMTOR. 5. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A" shall not exceed $60,000. The compensation for the CONTRACTOR'S work shall not exceed the rates set forth in Exhibit "A". Monthly invoices will be processed for payment and remitted within thirty days from receipt of invoice, provided that work is accomplished consistent with Exhibit "", as determined by the CITY. The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred, and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three years from the date of final payment under this Agreement, for inspection by the CITY, and for furnishing of copies to the CITY, if requested. 6. ACCEPTABILITY OF WORK. The CITY shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion ofthis Agreement, and the amount of compensation due. In the event the CONTRACTOR and the CITY cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONTRACTOR in this Agreement, the CITY or the CO TTRA TOR shall give to the other written notice. Within ten (10) business days, the CONTRACTOR and the CITY shall each prepare a report which supports their position and file the sane with the other party. The CITY shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONTRAliCTOR. 7. DISPOSITION AND OWNS SHIP off' DOCUMENTS. UMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications, and other documents prepared by the CONTRACTOR .TOR for this project, whether paper or electronic, shall: 1 be free from defects; (2) become the property of the CITY for use with respect to this project; and shall be turned over to the CITY upon completion of the project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONTRACTOR hereby assigns to the CITY, and CONTRACTOR thereby expressly waives and disclaims any copyright in, and the right to reproduce, all written material, drawings, plans, specifications, or other work prepared under this Agreement, except upon the CITY'S prior authorization regarding Standard Agreement Page 2 of 12 City of National City and Revised May 2019 24 Iiour Elevator, Inc., F 21 164 of 361 reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium, or method utilize the CONTRACTOR'S written work product for the CITY' S purposes, and the CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings, or specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section 14, but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of Services of this project, unless otherwise mutually agreed. 8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers with one another. Neither the CONTRACTOR nor the CONTRACTOR'S employees are employees of the CITY, and are not entitled to any ofthe rights, benefits, or privileges ofthe CITY'S employees, including but not limited to retirement, medical, unemploy- ment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR R. and the CONTRACTOR'S employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONTRACTOR and its employees. Neither this Agreement, nor any interest herein, may be assigned by the CONTRACTOR without the prior written consent ofthe CITY. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees, or SUBCONTRACTORS, as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its SUBCONTRACTOR shall require the SUBCONTRACTOR(S) to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CITY, nor its officers, agents, or employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR'S employees, except as set forth in this Agreement. The CONTRACTOR, or the CONTRACTOR'S agents, servants, or employees are not in any manner agents, servants, or employees of the CITY. The CONTRACTOR and its agents, servants, and employees are wholly independent from the CITY and CONTRACTOR'S obligations to the CITY are solely prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all applicable state and federal statutes and regulations, and all applicable ordinances, rules, and regulations ofthe City of National City, whether now in force or subsequently enacted. The CONTRACTOR and each of its UI C NTRACT OR S , shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. Standard Agreement Page 3 of 12 City of National City and Revised May 2019 24 .1-Jour Elevator, Inc., FY2I 165 of 361 11. LICENSES, PERMITS, ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. CONTRACTOR must promptly produce a copy of any such license, permit, or approval to CITY upon request. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the tern of this Agreement, any license, permit, or approval which is legally required for the CONTRACTOR to practice its profession. 12. STANDARD OF CARE. A. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONTRACTOR'S trade or profession currently practicing under similar conditions and in similar locations. The CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR'S employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this Agreement, the CONTRACTOR warrants to the CITY that it is not now, nor has it for the five 5 years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONTRACTOR'S professional performance or the furnishing of materials or services relating thereto. C. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -section will render the CONTRACTOR liable to the CITY for any increased costs that result from the CITY'S later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates ofpa or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY Y- setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFO iTION. The CITY may from time to time communicate to the CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR Standard Agreement Page 4 of 12 City of National City and Revised May 20 19 24 Hour Elevator, Inc., FY21 166 of 361 shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent ofthe CITY. The CONTRACTOR shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 14, however, shall not apply to any part ofthe information that (i) has been disclosed in publicly available sources of information; (ii) is, through 110 fault of the CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY.ITY, In its performance hereunder, the CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONTRACTOR shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 15. 15. INDEMNIFICATION AND HOLD HARMLESS. To the maximum extent provided by law, The CONTRACTOR agrees to defend, indemnify and hold harmless the City o f Tati oral City, its officers, officials, agents, employees, and volunteers against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONTRACTOR'S performance or other obligations under this Agreement; provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the CITY, its agents, officers, employees or volunteers. CITY will cooperate reasonably in the defense of any action, and CONTRACTOR shall employ competent counsel, reasonably acceptable to the City Attorney. The indemnity, defense, and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement. 16. EMPLOYEE PAYMENTS AND INDEMNIFICATION. 1641 PERS Eligibility Indemnification. If O TRACT R's employee(s) providing services under this Agreement claims, or is determined by a court of competent jurisdiction or the California Public Employees Retirement System ("PERS") to be eligible for enrollment in PERS of the CITY, CONTRACTOR shall indemnify, defend, and hold harmless CITY for the payment of any employer and employee contributions for PERS benefits on behalf ofthe employee as well as for payment of any penalties and interest on such contributions which would otherwise be the responsibility of the CITY. CONTRACTOR'S employees providing service under this Agreement shall not: (1) qualify for any compensation and benefit under PERS; be entitled to any benefits under PERS; enroll in PERS as an employee of CITY; 4 receive any employer contributions paid Standard Agreement Page 5 of 12 City of National City and Revised May 2019 24 Hour Elevator, Inc., F 21 167 of 361 by CITY for PERS benefits; or be entitled to any other PER -related benefit that would accrue to a CITY employee, O TRA TOR.'s employees hereby waive any claims to benefits or compensation described in this Section 16. This Section 16 applies to CONTRACTOR notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary. 16.2. kirnitation of CITY Liability. The payment made to CONTRACTOR under this Agreement shall be the full and complete compensation to which CONTRACTOR and CO TRA T I 's officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither CONTRACTOR nor CONTRACTOR's officers, employees, agents, and subcontractors are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to CITY employees. The CITY will not make any federal or state tax withholdings on behalf of CONTRACTOR. The CITY shall not be required to pay any workers' compensation insurance on behalf of CONTRACTOR. 16.3 Jndernnification for Employee Payments,. CONTRACTOR agrees to defend and indemnify the CITY for any obligation, claim, suit, or demand for tax, retirement contribution including any contribution to PER, social security, salary or wages, overtire payment, or workers' compensation payment which the CITY may be required to make on behalf of(1) CONTRMTOR, 2 any employee of CONTRACTOR, or 3 any employee of CONTRACTOR construed to be an employee of the CITY, for work performed under this Agreement. This is a continuing obligation that survives the termination of this Agreement. 17. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Labor Code and all amendments thereto; and all similar State or federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, employees, and volunteers from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including reasonable attorne's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. 18. INSURANCE. The CONTRACTOR., at its sole cost and expense, shall purchase and maintain, and shall require its CO TRACT R S , when applicable, to purchase and maintain throughout the term of this Agreement, the following insurance policies; A. _ If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile Insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles. The policy shall naive the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. C. Commercial ial General Liability Insurance, with minimum limits of either $2,000,000per occurrence and $4,000,000 aggregate, or $1,000,000 per occurrence and Standard Agreement Page 6 of 12 City ofI ational City and Revised May 2019 24 Hour Elevator, Inc., F21 168 of 361 $2,000,000 aggregate with a $2,OOOOOO umbrella policy, covering all bodily injury and property damage arising out of its operations, work, or performance under this Agreement. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "project" or "location". The "project" or "location" should be noted with specificity on an endorsement that shall be incorporated into the policy. D. Workers' Compensation Insurance in an amount sufficient to meet statutory requirements covering all of CONTRMTOR'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the CITY. Said endorsement shall be provided prior to commencement of work under this Agreement. If CONTRACTOR has no employees subject to the California Workers' Compensation and Labor laws, CONTRMTOR shall execute a Declaration to that effect. Said Declaration shall be provided to CONTRACTOR by CITY. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, officials, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY's Risk Manager, at the address listed in subsection G below, of cancellation or material change. F. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRikCTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date ofthis Agreement. G. The Certificate Holder for all policies of insurance required by this Section shall be: City of National City cfo Risk Manager 1243 National City Boulevard National City, CA 1 0 -4 '7 TI. Insurance shall be written with only insurers authorized to conduct business in California that hold a current policy holder's alphabetic and financial size category rating of not less than A:VII according to the current . est's Key Rating Guide, or a company of equal financial stability that is approved by the CITY' S Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent List of Approved Surplus Line Insurers ("LASLI") and otherwise meet rating requirements. I. This Agreement shall not take effect until certificates or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY'S Risk Manager. If the CONTRACTOR does not keep all insurance policies required by this Section 18 in full force and effect at all times during the term ofthis Agreement, the CITY may treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein J. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. CITY reserves the right to modify the insurance Standard Agreement Page 7 of 12 City of National City and Revised May 2019 4 Hour Elevator, Inc., FY21 169 of 361 requirements of this Section 18, including limits, based on the nature of the risk prior experience, insurer, coverage, or other special circumstances. I. If the CONTRACTOR maintains broader coverage or higher limits (or both) than the minimum limits shown above, the CITY shall be entitled to the broader coverage or higher limits (or both) maintained by the CONTRACTOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY. 19. LIGAL 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 ofthe representations and warranties on the part ofthe other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount ofthe judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 20. TERMINATION. Il' TIol' . A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONTRACTOR. TO1 . During said 0-day period the CON1WiCTOR shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONTRACTOR'S breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 7. E. The CITY further reserves the right to immediately terminate this Agreement upon: 1 the filing of a petition in bankruptcy affecting the CONTRACTOR; a reorganization ofthe CONTRACTOR for the benefit of creditors; or a business reorganization, change in business name or change in business status of the CONTRACTOR. 21. NOTICES. S. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express Standard Agreement Page 8 of 12 City of National City and Revised May 2019 24 Hour Elevator, Inc., FY21 170 of 361 or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by theUnited States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: Arturo Gonzalez Facilities Supervisor Engineering and Public Works City of National City 12431ational City Boulevard National City, CA 1 -3 To CONTRACTOR: Chris Sommese Service Account Manager 24 Hour Elevator, Inc. 4837 Mercury Street San Diego, CA 92111 Notice of change of address shall be given by written notice in the manner specified in this Section. R.ejection or other refusal to accept or the inability to deliver because of changedaddress of which no notice was given shall be deemed to constitute receipt ofthe notice, demand, request or communicationsent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax gust be confirmed within fort - eight (48) hours by letter mailed or delivered as specified in this Section. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONTRACTOR also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONTRACTOR shall at all times comply with the terms ofthe Political Reform.ct and the National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter corning before the CITY in which the CONTRACTOR R has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any hatter on which it might perform services for the CITY. Standard Agreement Page 9 of 12 City of National City and Revised May 2019 24 Hour Elevator, Inc., FY21 171 of 361 If checked, the CONTRACTOR shall comply with all of the reporting requirements ofthe Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City Clerk ofthe City of National City in a timely manner on forms which the CONTRACTOR shall obtain from the City Clerk. The CONTRACTOR shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Section 22 by the CONTRACTOR. 23. PREVAILING WAGES. State prevailing wage rates may apply to work performed under this Agreement. State prevailing wages rates apply to all public works contracts as set forth in California Labor Code, including but not limited to, Sections 1720, 1720.2, 1720.3, 17 0.4, and 1771. Contractor is solely responsible to determine if State prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations. 24. ADMINISTRATIVE PROVISIONS. S. A. Computation ofTim 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 ofthe 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 ofthe validity of this Agreement or any provision hereof. I. No l atio a to Third parties. Except as otherwise expressly provided herein, the execution and delivery ofthis Agreement shall not be deemed to confer any rights upon, or obligate any ofthe 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. P. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Assignment & Assumption of Rights. CONTRACTOR shall not assign this Agreement, in whole or in part, to any other party without first obtaining the written consent of CITY. H. Waiver. The waiver or failure to enforce any provision ofthis Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. I. Applicable cw. This Agreement shall be governed by and construed in accordance with the laws of the State of California. The venue for any legal action arising under this Agreement shall be in either state or federal court in the County of San Diego, State of California. Standard Agreement Page 10 of 12 City ofNational City and Revised May 2019 24 Hour Elevator, Inc., TY21 172 of 361 J. Audit. If this Agreement exceeds ten -thousand dollars 0,000), the parties shall be subject to the examination and audit of the State Auditor for a period of three (3) years after final payment under the Agreement, per Government Code Section 8546.7. K. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. L. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. M. Subcontractors or Subcontractors. The CITY is engaging the services of the +ONr1'RATR identified in this Agreement. The CONTRACTOR shall not subcontract any portion ofthe work, , unless such subcontracting was part of the original proposal or is allowed by the CITY in writing. In the event any portion of the work under this Agreement is subcontracted, the subcontractor(s) shall be required to comply with and agree to, for the benefit of and in favor of the CITY, both the insurance provisions in Section 18 and the indemnification and hold harmless provision of Section 15 ofthis Agreement. /1/ 11 111 11 11/ Standard Agreement Page 11 of 12 City of National City and Revised May 2019 24 Ilouir Elevator, Inc., F 21 173 of 361 N. Construction, The parties acknowledge and agree that (i) each party is of equal bargaining n strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted \•\itlh 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 par ty'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 theeffect that ambiguities are to be resolvedagainst the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof: or any amendments hereto. III; WIT\ ESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: B r. auL,s.to —e Manager ager APPROVED AS TO FORM: B Zgr orris = on it 'ttorney Standard Aareerncnt Revised May 2019 24 HOUR ELEVATOR, INC., A 'CALIFORNIA CORPORATION (Corporation signatures of two corporate o leers required) (Par rnerslrip or Sole proprietorship — one signature) By: By: Page 12 of 12 (Name) CINs,c‘5 5c)evi (Print) kia_ockske_47- Wei (Print) (Title) City of National City and )4 Hour Elevator, Inc., FY21 174 of 361 -..HOUR 'ELEVFITEIR, INC. Exhibit A Billing Rates (2020 Labor Rates) Single Man Billing Rates Straight Time Overtime (1.7) Double Time Time Differential Rate (FMTD) Overtime (1.7) Double Time Team Billing Rates Straight Time Double Time Time Differential Double Time - Crew Regular Operating Hours $285.00 per hour $449.00 per hour $499.00 per hour $225.00 per hour $259.00 per hour $499.00 per hour $890.00 per hour $420.00 per hour Straight time hours are Monday -Friday 7:30 a.m. to 4:30 p.m. Overtime Saturdays and Overtime Weekdays (1.7) Sundays and all Holidays are Double Time All Team overtime is Double Time Rate *Rates subject to change annually 24 Hour Elevator, Inc. * 4837 Mercury St., San Diego, CA 92111 * (858) 279-8900 * Fax (858) 279-8901 * License #945545 Page 175 of 361 Scope of Work The Company will service the above referenced equipment during normal business hours of Monday through Friday from 7:30 a.m. to 4:30 p.m. with the exception of legal and scheduled holidays. This Agreement shall be for the following level of service: ® PM — Preventative Maintenance — Does not include any call backs or service calls between regular maintenance visits. All parts needed whether during regular maintenance or call backs are billable as an extra. Maintenance service will be performed during regular business hours as defined above. Extra requests, vandalism, ROA's and misuse calls are not included in this agreement. The Company shall provide trained and licensed elevator mechanics that will service, inspect, adjust, clean and lubricate as necessary all elevator/lift components. The price for this service shall be Three Thousand Nine Hundred Twenty Eight Dollars & Five Cents ($3,928.05), per quarter, payable quarterly. The price set forth above may be adjusted annually of each year that this Agreement is in effect to compensate for changes in the cost of labor and materials. The price may escalate or deescalate at a rate of up to five percent (5%) reflecting these changes annually to reflect changes in union labor rates. Under this agreement 24 Hour Elevator will also provide: 24-Hour Customer Support — The Company will provide the Purchaser with our 24-hour dispatching service for emergency response to elevator malfunctions. The service includes 24-hour answering of all preprogrammed elevator phones at no additional charge to Purchaser. The Purchaser may request the Company to dispatch a technician to perform adjustments and repairs if an elevator malfunction occurs between regular examinations. Preventative Maintenance Charts — The Company will maintain detailed maintenance charts and trouble call logs that shall remain in the equipment machine room during the term of this contract. The charts illustrate the systematic maintenance schedule followed by Company technicians. All maintenance charts are available to Purchaser to ensure the highest quality of service possible. Fire Service Testing — The Company will test the elevator Fire Service keyswitches and their function (Phase I and Phase II testing) and maintain a Fire Service log in the machine room. Administrative Support — The Company will assign a supervisor to conduct periodic inspections of equipment and audits of Preventative Maintenance Charts to ensure quality control. The Company will also appoint an account representative who will be available to discuss maintenance issues and assist with upgrades or modernizations. The Company will have available a competent office staff for Purchasers needs. Other Charges Requested services by Purchaser that are outside the scope of this Agreement shall be billed on an hourly basis (with two (2) hours being the minimum billing — we bill at 15 minute increments after second hour) plus materials. Please refer to Exhibit A for Labor Billing Rates. 24 Hour Elevator, Inc. * 4837 Mercury St., San Diego, CA 92111 * (858) 279-8900 * Fax (858) 279-8901 * License #945545 Page 176 of 361 Annual Testing • Under this agreement, 24 Hour Elevator Inc. will provide annual testing at no additional charge. This includes 1 hour to work with your smoke detector company on that portion of the testing. Disclaimer: Pressure test imposes greater stress on equipment than during normal operation. It is agreed in testing of equipment that 24 Hour Elevator is not liable for loss, damage or destruction of persons or property because of failure of equipment. If repairs are needed to return equipment to proper operation and to meet code, that said work will be an extra to the executed agreement. Conveyance Description ELEVATORS (5): Qty. Address Building State # 1 1200 National City BI Police Dept. 105706 1 1243 National City BI Civic Center 043180 2 1401 National City BI Public Library 136078, 136079 1 333 E. 16th Street Fire Station 34 129921 WHEELCHAIR LIFTS (1): Qty. Address Building State # 1 923 A Avenue Kimball House Museum 149767 24 Hour Elevator, Inc. * 4837 Mercury St., San Diego, CA 92111 * (858) 279-8900 * Fax (858) 279-8901 * License #945545 Page 177 of 361 RESOLUTION NO. 2021 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, 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 WHEREAS, on July 1, 2020, the City of National City ("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's Facilities Maintenance Supervisor for a not -to -exceed amount of $60,000, and a term of three (3) years; and WHEREAS, 24 Hour Elevator, Inc. has provided services to the City for 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; and WHEREAS, City staff is requesting City Council authorize the Mayor to execute 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 $160,000. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: Section 1: Authorizes 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. Section 2: The City Clerk shall certify the passage and adoption of this Resolution and enter it into the book of original Resolution. PASSED and ADOPTED this 21st day of September, 2021. Alejandra Sotelo-Solis, Mayor ATTEST: Luz Molina, City Clerk APPROVED AS TO FORM: Charles E. Bell Jr., City Attorney 178 of 361 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. 179 of 361 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 i'n order to enhance safety and visibility for drivers exiting Stancrest Lane onto E. 14th Street (TSC No. 0 1-17 , PREPARED BY: Carla Hutchinson, Assistant Engineer - Civil CM , DEPARTMENT: Engin e ri : /Public Works PHONE: 1 -33 -4388 EXPLANATION: See attached. APPROVED BY: EINANCIAL STATEMENT: ACCOUNT N. NIA APPROVED: APPROVED: Finance MIS ENVIRONMENTAL REVIEW: This action is not subject to review under the California Environmental Quality Act (CEQA). ORDINANCE: INTRODUCTION: STAFF RECOMMENDATION: Adopt Resolution authorizing installation of red curb "No Parking" at the intersection of Stancrest Lane and E. 14th Street. FINAL ADOPTION: BOARD 1 COMMISSION 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 wit Exhibit 2. staff Report to the Traffic Safety Committee on August 11, 2021 (TSC No, 2021-17) 3. Resolution 180 of 361 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 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 attached "Traffic Collision History" summary table. This item was presented to the Traffic Safety Committee via Zoom platform 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. Staff presented the results of the site evaluation to the Traffic Safety Committee and after discussion, the Traffic Safety Committee voted to approve staff's 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. If approved by City Council, all work will be performed by City Public Works. 181 of 361 Location Map with Recommended Enhancements (TSC Item: 2021-17) lot Tin E. 14T" Street no ea Of {.TA.. 744 107 1 JP 4. wiz 10' of proposed additional red curb "No Parking" 30' of existing red curb "No Parking" a tin 1413 Stancrest Ln -4! • 182 of 361 i NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR AUGUST 11, 2021 ITEM TITLE: REQUEST To INSTALL RED CURB "NO PARKING" AT THE INTERSECTION OF STANCREST LANE AND EN 14TH STREET IN ORDER TO ENHANCE SAFETY AND. VISIBILITY FOR DRIVERS WHEN EXITING STANCREST LANE ONTO E. 14TH STREET, PREPARED 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 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 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 RECOMI1 ENDATION: 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 . Public Notice . Location Map . Photos 5. Traffic collision history 2021-17 183 of 361 CALIFORNIA --4÷- NkTIONAL a&i,3,)J Z1V!CoPOAT1O - PUBLIC REQUEST FORM Contact Information 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: Date: Received via: Assigned To: Notes: Counter/In-Person Telephone Email Fax niReferral: 184 of 361 August 4, 2021 Resident/Property Owner CALIFORNIA TiONAL1iTY 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 S 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 Cali 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 Meetinucrom computer https://usO6web.zoom.us/j/86191509840?pwd-bDAybzlhYklwcExTMOFSaWxkaTB4dzO9 Join Zoom Meeting by phone +1 -900-9 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 RY: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 185 of 361 Location Map with Recommended Enhancements (TSC Item: 2021-17 1410 Stancrest Ln / 09 of proposed additional red curb "No Parking" ton rem tQ fo) e. rws 3 c I (7) 20' of existing red curb "No Parking" 1413 Stancrest Ln 186 of 361 1410 Stancrest Ln 1o' f proposed -red - curb "No Parking" Location of proposed red curb "No Parking" on the west side of Stancrest Ln (looking south) 10' of proposed red curb "No Parking" Location of proposed red curb "No Parking" on the west side of Stancre•st Ln (looking west) 187 of 361 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. Caramtty • Ctiac. 0,54 a • st :4371 • ti 188 of 361 RESOLUTION NO. 2021 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, AUTHORIZING TEN (10) FEET OF ADDITIONAL RED CURB "NO PARKING" ON THE WEST SIDE OF STANCREST LANE, SOUTH OF EAST 14TH STREET, TO IMPROVE VISIBILITY FOR DRIVERS EXITING STANCREST LANE ONTO EAST 14TH STREET (TSC NO. 2021-17) WHEREAS, an area resident requests a red curb "No Parking" at the intersection between East 14th Street and Stancrest Lane to improve visibility and enhance safety for the vehicles exiting from Stancrest Lane onto East 14th Street; and WHEREAS, City of National City ("City") staff visited the site and verified that East 14th Street is currently 2-lanes wide and has available parking on both sides of the street with a speed limit of twenty-five (25) mph; and WHEREAS, City staff confirmed that there are thirty (30) feet of existing red curb "No Parking" on the west side of Stancrest Lane and twenty (20) feet of red curb "No Parking" on the east side of Stancrest Lane, south of East 14th Street; and WHEREAS, City staff confirmed that when vehicles park too close to the corner at the intersection East 14th Street and Stancrest Lane, the visibility for the vehicles that are exiting Stancrest Lane onto East 14th Street is obstructed; and WHEREAS, City staff reviewed the traffic collision history for this location, which reported no traffic collisions within the past four years; and WHEREAS, on August 11, 2021, the City of National City's Traffic Safety Committee voted to approve staff's recommendation to install ten (10) feet of additional red curb "No Parking" on the west side of Stancrest Lane, south of East 14th Street, to improve visibility for drivers exiting Stancrest Lane onto East 14th Street; and WHEREAS, City staff request City Council authorize installing ten (10) feet of additional red curb "No Parking" on the west side of Stancrest Lane, south of East 14th Street, to improve visibility for drivers exiting Stancrest Lane onto East 14th Street. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: Section 1: Authorizes installing ten (10) feet of additional red curb "No Parking" on the west side of Stancrest Lane, south of East 14th Street, to improve visibility for drivers exiting Stancrest Lane onto East 14th Street (TSC No. 2021-17). 11l 189 of 361 Resolution No. 2021 — Page Two Section 2: The City Clerk shall certify the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED and ADOPTED this 7th day of September, 2021. Alejandra Sotelo-Solis, Mayor ATTEST: Luz Molina, City Clerk APPROVED AS TO FORM: Charles E. Bell Jr., City Attorney 190 of 361 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. 191 of 361 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 ` DEPARTMENT: Eng e ' ng/Public Works PHONE: 619-336-4388 APPROVED BY: EXPLANATION: See attached. FINANCIAL STATEMENT: ACCOUNT NO. 1N/A APPROVED: APPROVED: Finance MIS ENVIRONMENTAL REVIEW: This action is not subject to review under the California Environmental Quality Act (CEQA). ORDINANCE: INTRODUCTION: FINAL ADOPTION: 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 / COMMISSION RECOMMENDATION: At their meeting on August 11, 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 w1 Exhibits A and B 2. Staff Report to the Traffic Safety Committee on August 11, 2021 (TSC No. 2021-18) 3. Resolution 192 of 361 EXPLANATION 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. 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. 3. 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 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 Committee voted to approve staffs 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 reserved parking" and that any person with valid "disabled persons" license plates or placards may park in handicap spaces. Staif 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 -block radius from the proposed location for this request. If approved by City Council, all work will be performed by City Public W�rks. 193 of 361 it °`A" - Location Map with Recommended Enhancements (TSC Item: 2021-18) Propose, blue curb disabled persons parking space 1510 Harding Avenue L� PARKINc ONLY Existing blue curb disabged persons parking space in front of 1540 Harding Avenue Exhibit "B" Location Map showing existing blue curb parking spaces (TSC Item: 202148) Nvirries. !: I t 1330 Harding Ave 1414 Harding Ave 1510 Harding Ave 1632 Harding Ave kEt 1336 Harding Ave 1428 Harding Ave 1540 Harding Ave 1624 Harding Ave :V i 14A--4. 1435 Hoover Ave Kirnba Elementary School 116 W. 14th St 1601 " Hoover Ave P14 ; 1%)Let t 111 var = - - - -.. LEGEND Proposed location of blue curb parking space • 4 F NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR AUGUST 11, 2021 2 ITEM TITLE: REQUEST FOR INSTALLATION OF A BLUE CURB DISABLED PERSONS PARKING IN SPACE WITH SIG AGE IN FRONT OF THE RESIDENCE ENCE AT 11 HARDING I AVENUE PREPARED E[ BY: DISCUSSION: Carla Hutchinson, Assistant Engineer — Civil Engineering & Public Works Department 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: I . Applicant (or guardian) must be in possession of valid license plates or placard for "disabled persons" or "disabled veterans". This condition is mat. . 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 ret. . 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 shall 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 4-block radius from the proposed location for this request. 196 of 361 STAFF RECOMMENDATION: Since all three conditions f the City Council Disabled Persons Parking Policy for "Special Hardship" cases 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. Public Request Form 2. Public Notice 3. Location Map 4. Location Map showing existing blue curb parking spaces in the area 5. Photos 6. City Council Disabled Persons Parking Policy 2021-18 197 of 361 RECER'TD REQUEST POR BLUE CURB DISABLED PERSONS PARKINe SPACE/ it *� ;J A T a; 51 NAME OF DISABLED PERSON: Nr4ME OF REPRESENTATIVE FOR DISABLED PERSON (If different from above) NATKJAL PHONE NUmegib I Please answer the following 'questions, which win assIst Engineering staff, the"traffic Committee, and your Council in determining If you are gushed to have a blue cur b disabled persons parking space placed in front of your residence, Please be Informed that all blue curb parking spaces are considered public parkingi, Therefore, ony registered vehicle in possession o f a disabled persons placard or Itcerise plate is legally allowed to park In the blue curb space for up to n continuous hours. / D You possess rss R !S, c y liT �VrV ^:rt.:�e _. ...F. _,.. i. r_if1"'JI9.'t f. tis. ....nT.'rT� T.: ... r. _�.,..• ,.. r-rr=r•.• . , -.', �.•rr 1. �,. ,..ci T7- ati..� ..*�F^..�• r"aid i� 'S' - R 5 !*,'•� .. Y.-�Y�r.�� Motor Vehicles ( ? YES if YES, please irlthilfle a copy of the placard, which contains your neme.p ad NO placard number, and expiretIon data, 2) Does your residence have a garage? 1:1YES If Yam, Is the: garage large enough to park a vehicle OYES rJ.o lmirsiartim of 20' zit 12'} tss yeiir residence have driveway? if YES., a) Is thedfh large enough to park a vehicle? (minIrtlurn of ') b) is the driveway level? e) fs the driveway sloped/Inclined? ,�. —: war — .-. .a..r.t .....�. 10.1.110. ++ +4�Fni /f•t i•�i� —. Fri 4 Please writs any aelcilticrtai comments here (optional). oyEs. LJYEs EfrEs DES ENO ONO ENO 1 rT„ 198 of 361 August 4, 2021 Resident/Properly Owner -4- CALIFORNIA NATIONAL Cin 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 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 littpslius06web.zoom.usty86191509840?pwd-bDAybzlhYldwcExTMOFSaWxkaTB4dz09 Join Zoom Meeting by phone +1 669-900-9128 Meeting ID: 861 9150 9840 Passcode: 605633 If you have any questions, comments, and/or concerns, please contact the Engineering Department at 619-88 --4380 and reference Traffic Safety Committee Item Number 2021-18. Sincerely, Roberto Yano, P.E. City Engineer/Director of Public Works RY:ch Enclosure: Location II a p 2021-18 1243 National City Boulevard, National City, CA 91950-6530 (619) 336-4380 Fax (619) 336-4397 engineering@nationalcityca.gov 199 of 361 Location Map with Recommended Enhancements (TSC Item: 2021-18) Proposed blue curb disabled persons parking space I It +�r W. 15th Street 1 e 4019 "4:1 Existing blue curb disabled persons parking space in front of 1540 Harding Avenue Location Map showing existing blue curb parking spaces (TSC Item: 2021-18) 44 • t@. e 1330 Hardi Ave 1510 Harding Ave 1632 Harding Ave -gur- 9 ' ow 1 -11 4. * 1428 Harding Ave 1624 Harding Ave TMTiLT = 1435 Hoover Ave CivicCent 116 W. 14th St 1601 Hoover Ave __ r" -oiNt LEGEND Min Proposed location of blue curb parking space Proposed blue curb parking space 1510 Harding Ave Location of proposed blue curb disabled persons parking space in front of 1510 Harding Ave (looking west) Proposed blue ' curb parking space Location of proposed blue curb disabled persons parking space in front of 1510 Harding Ave (looking south} 202 of 361 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 phsicall.y 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 seg. at the following facilities: Government buildings serving the public such as adninistration buildings, public employment offices, public libraries, police stations, etc. 2. Hospitals and convalescent homes with more than --bed capacity. t 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 as senior citizens service centers, etc. Accredited vocational training and educational facilities where no off- street street parking is provided for disabled persons. 6. Employment offices for major enterprises employing more. than 200 persons. 7. Putflic recreational facilities including municipal swimming 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(s) 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. 203 of 361 12, A hotel or apartment house catering to weekly or monthly guests and containing more than 30 separate .living units. In addition, disabled persons parking spaces may be provided within all publicly owned, leased or controlled off-street parting facilities as specified in the General Requirements. General Requirements Each disabled persons parking space shall be indicated byblue 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 within the area. Disabled persons parking will not be installed at Locations with a full-time 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. Iri 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 stems that may be installed for a short -tom 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 BB 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. • 204 of 361 (3) Subject residence must not have seb#-streetparking available 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 205 of 361 RESOLUTION NO. 2021 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, AUTHORIZING INSTALLING A BLUE CURB DISABLED PERSONS PARKING SPACE WITH SIGN IN FRONT OF THE RESIDENCE LOCATED AT 1510 HARDING AVENUE (TSC NO. 2021-18) WHEREAS, the resident of 1510 Harding Avenue possesses a valid Disabled Person Placard from the State of California Department of Motor Vehicles and requests installing a blue curb disabled persons parking space in front of the residence to provide easier and safer access to the home because the demand for parking is high making it difficult to find on -street parking; and WHEREAS, City of National City ("City") staff determined that the residence meets all conditions to qualify for a blue curb disabled persons parking space in front of the residence; and WHEREAS, on August 11, 2021, the City's Traffic Safety Committee voted to approve installing a blue curb disabled persons parking space with signage in front of the residence located at 1510 Harding Avenue; and WHEREAS, City staff requests City Council authorize installing a blue curb disabled persons parking space with sign in front of the residence located at 1510 Harding Avenue. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: Section 1: Authorizes installing a blue curb disabled person's parking space with a sign in front of the residence located at 1510 Harding Avenue (TSC No. 2021-18). Section 2: The City Clerk shall certify the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED and ADOPTED this 21st day of September, 2021. Alejandra Sotelo-Solis, Mayor ATTEST: Luz Molina, City Clerk APPROVED AS TO FORM: Charles E. Bell Jr., City Attorney 206 of 361 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. 207 of 361 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 208 of 361 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 209 of 361 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 210 of 361 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 211 of 361 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 212 of 361 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 213 of 361 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 214 of 361 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 215 of 361 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. 216 of 361 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: APPROVED: ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION FINANCE MIS STAFF RECOMMENDATION: Ratify warrants totaling $1,321,040.70. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Warrant Register # 5 217 of 361 _`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 1/3 218 of 361 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 2/3 219 of 361 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 3/3 220 of 361 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. 221 of 361 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 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 National Auto Fleet Grp Centricity GIS, LLC Tri-Group Construction Whillock Contracting Check/Wire 354179 354200 354260 354268 Amount 138,317.62 52,500.00 281,987.61 141,891.95 Explanation 2020 Ford Transit Cargo Van T-350 Cityworks PLL/ AMS Implementation CIP19-19 Roosevelt Smart Growth CIP18-07 Paradise Creek Park Site FINANCIAL STATEMENT: APPROVED: ✓X ACCOUNT NO. APPROVED: Warrant total $2,265,977.29. ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION STAFF RECOMMENDATION: Ratify warrants totaling $2,265,977.29. FINAL ADOPTION BOARD / COMMISSION RECOMMENDATION: FINANCE MIS ATTACHMENTS: Warrant Register # 6 222 of ;i61 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 1/3 223 of 361 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 2/3 224 of 361 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 3/3 225 of 361 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. 226 of 361 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: "y'v"-- APPROVED: ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION FINANCE MIS STAFF RECOMMENDATION: Ratify warrants totaling $976,085.85. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Warrant Register # 7 227 of 361 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 1/2 228 of 361 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 2/2 229 of 361 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City: 1) acknowledging the Climate Action Plan Preliminary and; 2) directing staff to return to City Council with a CCA ordinance and Joint Powers Agency agreement with San Diego Community Power. (Engineering/Public Works) Please scroll down to view the backup material. 230 of 361 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 21, 2021 ITEM TITLE: AGENDA ITEM NO. Resolution of the City Council of the City of National City, 1) acknowledging the Climate Action Plan Prelim inary and; 2) directing staff to return to City Council with a CCA ordinance and Joint Powers Agency agreement with San Diego Community Power. Roberto Yang, Director of Public Works I' PREPARED BY: City Engineer PHONE: 619-336-4383 EXPLANATION: See attached. FINANCIAL STATEMENT: ACCOUNT NO. IN/A I DEPARTMENT: Engineeri Public Works APPROVED BY: APPROVED: APPROVED: Finance -�_ MIS ENVIRONMENTAL REVIEW: This action is not subject to review under the California Environmental Quality Act (CEQA). ORDINANCE: INTRODUCTION: FINAL ADOPTION: i STAFF RECOMMENDATION: Adopt the Resolution 1) Accepting the Community Choice Aggregation (CCA) comparison and recommendation mmen+dation memo; and; ) diracting staff to return to Council with CCA and Joint Powers Agency agreement with SanDiego Council ■ r.% a with +v [ � a +..r �.f w ordinance ►.y [ 1 ■ ara . r Vr V and r ♦..+[ [ ! 7 L k •a.i i V agreement V V 1 1 i.J [ 1 t ! Ld �.�1 �i' BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: I. Explanation 2. Resolution It of S61 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. A preliminary update to the City's Climate Action Plan (CAP), as a part of tonight's presentation, will outline the strategies included to achieve the specific state required environmental targets. Central to the updated CAP recommendations is the joining a CCA. The preliminary schedule to complete the CAP is in the fail of 2022. An additional update will be presented to council before the end of the calendar year, 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, distribution, and billing services for CCA customers. Today, there are twenty-three 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 ,0 customer accounts making it the one of the largest community hoiee 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 rani years of research and information gathering on their part, bringing the total accounts to be served by SDCP to approximately 950,0 0. 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 SPA 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 Costs to Join Current Opt -Out Rate Economies qf scale $50,000 to cover costs for load data analysis. 7% It is currently at the lower end of size for obtaining competitive pricing DP $30,000 to cover costs for load data analysis, to be fronted by SDCP 2.34% SDCP will eventually be one of the largest CCAs in the State which potentially provides Comments $50,000 cost if City joins CEA; no cost if Cityjoins SDCP SDCP hasn't launched residential customers yet Conclusion SDCP better SDCP currently better SDCP is now one SDCP of the largest currently better CCAs 232 of 361 City staff requirements Customer rates No staff support needed .2% savings vs SDG&E advantages in energy procurement No staff support needed 1% savings vs SDG&E but includes 5% GHG Free Scree rates for new members? Yes, but PCIA will 1 Yes, but PCIA will be different be different Sarre for both Substantially Equal Savings roughly the same for both Substantially Equal PCIA set in vintage year (when customers join) Substantially Equal Ifjoined, when Cily customers start • service Spring 2023 Spring 4 Spring best time to launch new customers Substantially Equal CCA reserve status in 2023 Approximately $GM, additional needs would be financed Lobbying , i ability JPA Voting CALCCA member and has lobbying firm(s) under contract Approximately $70M, additional needs would be financed CALCCA member, one fulltime Legislative and Reg. Affairs staff, and has lobbying firms under contract Reserves corn rnet surate with load size. Larger CCAs possibly have more resources, including staff, to support lobbying efforts SDCP better SDCP better 1 member = 1 vote 1 member = 1 vote unless special voting clause enacted SDCP weighted vote allows ov a rr i d e of normal vote if 3 members call for it with 2/3 vote required based on load profile; San Diego capped at 49% Substantially Equal Future Programs Programs developed to align with members load profile Programs approved by Board 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 Social equity Inclusive and Sustainable Workforce Policy which applies to staff, supply chain, procurement and business practices. CEA's Bid Criteria Policy establishes environmental stewardship and social equity as criteria to be evaluated during SDCP "Pursue purposeful and focused investment in communities of concern, prioritization of local renewable power, workforce development, ent, and policies and programs centered on economic, the e ironrn ntal,_...._and social equity." 233 of 361 Environmental stewarcl s t r i p Cost Competitiveness Prevailing Wage Communities of Concern bid process. Three energy options, one of which is for 100% renewable power. CEA remembers stated goal in their JPA is to reach 100% renewable by 2035 Currently, they have confirmed that their lowest renewables content rate, which includes 50% renewable, is at 2.2% below SDG&E. 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 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 lle\v local jobs, and utilizing approved CA apprenticeship programs with fair compensation and proper assignment of work to crafts that traditionally perform the work General Fund Liability 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 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 Currently, they have confirmed that their lowest retiewables content rate, which includes 50% renewable and 5% GHG free, is at 1 % below SD & E. The SDCP JPA states members seek to demonstrate economic benefits to the region with prevailing wage jobs, local workforce development, and support a stable., s Id 1 led 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. 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 wi 11 encourage construction contractors \vorking 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. 234 of 361 CEA and SDCP both utilize a JPA governance structure that creates a governmental entity separate and distinct from its member agencies, allowing .r members to be shielded from ,TPA 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, except as may be required in connection with addition of a new member or withdrawal of a member under the IPA; 3 the JPA lust 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 mernber'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 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 $1 1'"+. SDCP also has a 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 renewabies and storage, and will have significant cash reserves in place when the City is projected to launch. If the Council would like to join SDCP, per Utilities Code Section . e 1 , Council will need to adopt an ordinance electing to do so within its jurisdiction. This ordinance would automatically transfer all SIEGE 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. 235 of 361 DATE: TO: FROM: SUBJECT: . CALIFORNIA d1 Cfl'y INCORPORATED The City of National City MEMORANDUM September 9} 2021 Brad Raulston, City Manager Roberto Yang, Director of Public Works/CityWorks/City Engineer 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 wilt 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 localcontrol 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 19 33 -43 7 www.nationalcityca.gov 236 of 361 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 Ener 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 currentlyat 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 fulitime 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 Toad 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 g 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, � pp �' p ement, 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 237 of 361 environmental stewardship and social equity as criteria to be evaluated during the bioprocess. SDCPls 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 -terra 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 renewabies 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 01 50-4301 619/336-43 0 Fax 619 336-43 7 www.nationalcityca.gov 238 of 361 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 FP'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 1 50-43 1 619/336-4380 Fax 1 33 -43 7 www.nationalcityca.gov 239 of 361 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 line of credit (LOC) from River City Bank, and CEA has a $6M LOC from JP Morgan (with authority to increase up to 1OM). 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 Costs to Join CEA SDCP $50,000to cover costs for load data analysis. Reraid within $30,000 to cover costs for Toad data analysis, only if City doesn't join Current Opt - Out Rate 7% 2.34% Comments Conclusion $80,000 cost if City joins CEA; no cost if City joins SDCP SDCP better SDCP hasn't launched residential Economies of scale City staff requirements It is currently at SDCP will the lower end of eventually be one of size for the largest CCAs in obtaining the State which competitive potentially provides pricing advantages in No staff support needed No staff support needed SDCP is now the second largest CCA Same for both SDCP currently SDCP currently y better 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 .nationalcityca.go 240 of 361 Customer rates 2.2% savings vs SDG&E Same rates for Yes, but PC lA new members? will be different 1% savings vs SDG&E but includes 5% GHG Yes, but PCIA will be different If joined, when would City customers start service Spring 2023 CCA reserve status Approximately $8M, additional needs would be financed Spring 2023 Savings roughly the same for both. PCIA set in vintage ear when Spring best time to Launch new customers Substantially Equal Substantially E ual Substantially Equal Approximately $70M, additional needs would be financed Reserves commensurate with load size. SDCP better Lobbying arbilityCALCCA member has firm(s) c „IPA Voting 1 vote member = 1 1 unless voting member special clause = 1 vote SDCP allows normal based San Diego weighted override vote on load capped with of profile; vote 2/3 at Substantially Equal Y enacted Programs by JPA► approved Future Programs Programs developed align members profile with to load With Programs based SDCP on Toad are not 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 1 619/336-4380 Fax 1 33 -43 7 www.nationalcityca.gov 241 of 361 Clean Energy Alliance Joint Powers Agreement Effective: November mber 4, 2019 Oct. 8, 019 Item #5 Pee 10 of 42 242 of 361 CLEAN ENERGY ALLIANCE JOINT POWERS AGREEMENT This Joint Powers Agreement (the "Agreement"), effective as of 1 , is made by the Founding Members of theClean 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 200 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. . 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 sect.) ("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 "A 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; -2 Oct. 8, 2019 Item #5 Page 11 of 42 243 of 361 (b) Provide electric generation rates to all ratepayers that are competitive with those offered by the Investor Owned Utility, San Diego o 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 proj ects or programs implemented P by the Authority; 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: -3 Oct. 8, 2019 Item #5 Page 12 of 42 244 of 361 14 DEFINITIONS IOI" S AND EXHIBITS 2. 1.1 Definitions. Capitalized terms used in this Agreement shall have the meanings specified in Exhibit A, unless the context requires otherwise. 1.? 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 FORMATION OF THE COMMUNITY CHOICE ENERGY AUTHORITY ..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(0(14 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 ofclean, 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. .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 6 . (c0(1 , approved and executed this Agreement, and paid or agrees to pay its share of the Initial Costs pursuant to Section 7..2 of this Agreement. Notwithstanding the foregoing, such public agency may be denied membership in the Authority if the -4 Oct. 8, 2019 Item #5 Page 13 of 42 245 of 361 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 afterOctober 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 3 .2(c0 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 anchor 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; Oct. 8, 2019 Item 45 Page 14 of 42 246 of 361 acquire, own, contract, manage, maintain, and operate any buildings, public works, improvements or other assets including but not limited to public electric generation resources; 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 gpowers 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. -6 Oct. 8, 2019 item #5 Page 15 of 42 247 of 361 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. Arty 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 i 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. IMMO Oct. 8, 2019 Item #5 Page 16 of 42 248 of 361 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 rnember 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 ay 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 natters 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 inforration -8- Oct. 8, 2019 Item #5 Page 17 of 42 249 of 361 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. .3 Retain legal counsel; 4. . 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 Formulate and adopt an annualbudget prior to the commencement of the fiscal year; 4.6.2 Develop and implement a financing andor 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; -9 Oct. 8, 2019 Item #5 Page 18 of 42 250 of 361 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; 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. (c0 ; 4.7.2 Prepare a statement of intent for electrical load aggregation pursuant to Public Utilities Code Section 366. (c) 4 ; 4.7.3 Obtain financing andlor 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 _10- Oct. 8, 2019 Item # 5 Page 1.9 of 42 251 of 361 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 maj ority 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 ofa 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) Oct. 8, 2019 Item ##5 Page 20 of 42 252 of 361 (b) Section 3.6 (Cornpliance with Local Zoning) (c) Sections 4. l 1 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 andVice 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, s, and the Vice Chair shall serve in the absence of the Chair. TheChair 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 ►ecretary. 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 norrrnal 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 shalt 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 Oct. 8, 2019 Item #5 Page 21 of 42 253 of 361 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 irnmunities 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. Oct. 8, 2019 item#5 Page22of42 254 of 361 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 TATION ACTION AND AUTHORITY DOCUMENTS T 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(0(12) (1 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 -tern development and administration of a -14- Oct . , 2019 Item ##5 Page 23 of 42 255 of 361 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 RP and customer rate competitiveness.. 6.4 enewable 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 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 andlor 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 theCity 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. -15 Oct. 8, 2019 Item #5 Page 24 of 42 256 of 361 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. . t 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 customercharges 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. _I _ Oct. 8, 2019 Item #5 Page 25 of 42 257 of 361 7.3.4 Program Costs. The Parties intend that all costs incurred by the Authority that are directly or indirectly attributable to the provision ofelectric 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 o 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) , orexcept 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 -17 Oct. 8, 2019 Item##5 Page 26 42 258 of 361 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 "b►alanced 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. WITHDRAWAL ANDTERMINATIO 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 fling 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 tocertain continuing liabilities, as described in Section 8.5 (Continuing Liability; Refund) of this Agreement, including, but not limited to, power purchase -18- Oct. 8, 2019 Item ##5 Page 27 of 42 259 of 361 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 terrnination 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 terrninatio►n 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 shalt 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. `und. Upon a withdrawal or involuntary termination of a Party, the Party shall be responsible for any claims, demands, damages, or -19- Oct. 8, 2019 Item #5 Page 28 of 42 260 of 361 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, orcosts 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 thisSection 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 -20- Oct. 8, 2019 Item #5 Page 29 of 42 261 of 361 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. .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 mariner 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 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. -21 _ Oct. 8, 2019 Item#5 Page 30of42 262 of 361 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 seat 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 terns, 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 i.t one or more signature pages. The Parties hereto have executed this Joint Powers Agreement establishing the Clean Energy ,Alliance. _22 Oct. 8, 2019 item #5 Page 31 of 42 263 of 361 CITY By: DATE: lboQ‘49 ATTEST: By: City Clerk APPROVED AS TO FORM: By: City Attorney _3 Oct. 8, 2019 item #5 Page 32 of 42 264 of 361 CITY OF 06/1 �l1jq� By: Scott . Huth, City Manager DATE: It ATTEST: By: I -I f Zcl 0I Ashley Jones, lerk APPROVED AS TO FORM: By: / fat Leslie B. Devaney, aney, i City tto e Oct. 8, 2019 Item #5 Page 33 of 42 265 of 361 CITY of 5'° Likr1A Fre."6.4 By: DATE: Ivy Manager 1 9 ATTEST: By: ity Clerk APPROVED AS TO FORM: By: essb".."0 rbr4birf% 7 et r • 11:°//f1)7;// illn 1°1 I 1 til I It "1‘\\ - 3- Oct. 8, 2019 Item #5 Page 34 of 42 266 of 361 Exhibit A: Definitions "AB 117" means Assembly Bill 117 tat. 2002, Ch. 838, codified at Public Utilities Code Section 6. ), 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 Documents)" 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 "CA" 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 Oct. 8, 2019 Item #5 Page 35 of 42 267 of 361 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. -2 Oct. 8, 2019 Item##5 Page 36 42 268 of 361 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 Item #5 Page 37 of 42 269 of 361 San Diego Regional Community Choice Energy Authority Joint Powers Agreement — Effective October 1, 2019 270 of 361 SAN DIEGO REGIONAL COMMUNITY CHOICE ENERGY AUTHORITY — JOINT POWERS A REENE T SAN DIEGO REGIONAL COMMUNITY CHOICE ENERGY G 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. 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. 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 progams 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 jurisd ictions. 271 of 361 (g) SAN DIEGO REGIONAL COMMUNITY CHOICE ENERGY AUTHORITY JOINT POWERS AGREEMENT . 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 mat er; (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 G & } 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; (cl) Develop an aggregate electric supply portfolio with overall lower greenhouse gas (GHG)ernisslonsthan the IOU, _ ,n . one. that ...supports nearrtern _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 coai and avoids nuclear contracts; (f) 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 increasedlocal 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; 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; 272 of 361 SAN DIEGO REGICIN AL OMMW IT CHOICE ENERGY AUTHORITY -4 JOINT POWERS AGREEMENT (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 (GALE) 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 -tern 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: I. DEFINITIONS AND EXHIBITS 2. 1.1 Definitions. Capitalized terms used in this Agreement shall have the meanings specified in. Exhibit A, unless the context requires otherwise. I .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 E l ibit E: List of Founding Members Exhibit C: Annual Fnergy Use by Jurisdiction Exhibit D: Voting Shares of Founding Members Exhibit E: Signatures FORNIXTION OF THE SAN DIEGO REGIONAL COMMUNITY CHOICE ENERGY AUTHORITY 273 of 361 SAN DIEGO REGIONAL COMMUNITY CHOICE ENERGY Y AUTHORITY JOINT POWERS AGREEMENT Effective Date and Terra. 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 ofthe ordinances required by Public Utilities Code Section . (c) 1 ;). The Authority shall provide notice to the Parties of the Effective Date. The Authority shall continue to exist, and this Agreement shall he 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 ofpower 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. Thejurisdiction 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 ail the Parties and their constituents, including, but not limited to, establishing and operating a Community Choice Aggregation program. 2.4 ►ddition 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 re uirements described in Section 4.1 I (Board Voting) of this Agreement of a resolution authorizing membership into the Authority; .. The adoption by the public agency of a CCA ordinance as required by Public Utilities Code Section . (c) 1) and approval and execution of this Aeernent and other necessary program agreements by the public agency; 274 of 361 SAN DIEGO REGIONALCOMMUNITY NIT'' CHOICE ENERGY AUTFTORITY — JOINT POWERS AGREEMENT 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. (Addition of Parties), all Parties shall be required to commence electric service as soon ais 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 thatmembership in the Authority may change by the addition, withdrawal and/or termination of Parties. The Parties wee to participate with such other Parties as may .later be added by the Board, as described in Section 2.4 (Addition ofParties) of this Agreement. The. Patties also agree that the withdrawal or termination of a Party shallt 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 pumoses of this Agreement, subject to the restrictions set forth in Section 3.4 (Limitation on Powers) of this Agreement. ment. 3.2 ecr is Powers. Specific powers of the Authority shall include, hut not be limited to, each of the following powers, which may be exercised at the discretion of the Board: 32.1 make e and enter into contracts., 32.2 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 domainwithin the jurisdiction of a Party over its objection; .2.5 lease any property; -6 275 of 361 SAN DIEGO REGIONAL COMMUNITY CHOICE ENERGY AUTHORITY JOINT POWERS AGREEMENT , . sue and be sued in its own name; 3. .7 incur debts, liabilities, and obligations, including but not limited to loans from private lending sources pursuant to its temporary borrowing g 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..1 I 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. .12 adopt rules, regulations, policies, bylaws and procedures governing the operation of the Authority; 3 . .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 0 of the Act, the powers of .P the Authority are subject to the restrictions upon the manner of exercising power g 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 agl;ees in writing to assume any of the debts, liabilities, and -7 276 of 361 SAN DIEGO REGIONAL COMMUNITY CHOICE ENERGY AUTHORITY JOINT POWERS AGREEMENT 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 ofthe 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 ofthe local jurisdiction within which the facilities are constricted. 3.7 Compliance with the Political Reform Act and Government Code Section too. The Authority and its officers and employees shall comply with the Political Reform Act (Govemment Code Section 81000 et seq.) and Government Code Section 1090 et seq. The Board shall adopt a Conflict of Interest Code pursuant to Goverment 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 Pa -t *'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 ofthe Party whom appointed such Director and may be removed as Director {ector 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 clays after the date that position becomes vacant. .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. 277 of 361 SAN DIEGO .EIONAL COMMUNITY CHOICE ENERGY AUTHORITY — JOINT POWERS IEET 4.1A 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. .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. ity. 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 comrnittees, 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. 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; 4.5.9 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 police 4.5.6 Maximize the utilization of available resources; and 278 of 361 SAN DIEGO REGIONAL AL OMMUN ITY CHOICE ENERGY AUTHORITY JOINT POWERS AGREEMENT 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. . ' Formulate and adopt an annual budget prior to the commencement of the fiscal year; ..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; .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 le energy resources consistent with the intent and priorities identifed 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. .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; ..12 Address any concerns of consumers and customers; 4.6.13 onduct and oversee Authority operational audits at intervals not to exceed three years including review of customer access to Authority programs and benefits, where applicable; . .1 fr Arrange for an annual independent fiscal audit; _10 - 279 of 361 SAN DIEGO E IO AL COMMUNITY CHOICE ENERGY AUTHORITY IT — JOINT POWERS AGREEMENT 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 36 . ' c0 3 , for electrical load aggregation; 4.7.2 Prepare a statement of intent, pursuant to Public UtilitiesCode Section 3 .2 0(4), for electrical load aggregation; 4.7.3 Encourage other qualified public agencies to participate in the Authority; 4.7.4 Obtain financing andlor 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 a eement is executed for payment of Initial Costs as specified under Section 7.3.2. 4.3 Meetings etings 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 hill voting rights, only to the extent permitted by law. Board meeting agendas generally shall he 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. 1 1..1, 280 of 361 SAN DIEGO REGIONAL COMMLMIITY CHOICE ENERGY ,UTH RITY JOINT POWERS EEME T 4.9 Brown Act Applicable. Ali meetings of the Board shall be conducted in accordance with the provisions of the Ralph M. Brown Act (Governrnent 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 1--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. .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 SharesVote. 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 superrnajority (66.7%) of the "Voting Shares" cast. Theformula 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 ("kWli"), 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, 281 of 361 SAN DIEGO O REGIONAL COMMUNITY CHOICE ENERGY AUTHORITY — JOINT POWERS AGREEMENT expressed in kWh, of accounts within a Party's respective jurisdiction that are served by the Authority; and (b) "Total Annual Energy means the sum ofall Parties' Annual Energy Use. The initial values for Annual Energy Use will be designated in Exhibit C and shall be adjusted anmally 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 bebased upon the annual electricity usage within the Party's j urisdiction. If a Party has two Directors, them 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 I. 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 _13 282 of 361 SA DIEGO REGIONAL IO IAL `O MUNITY CHOICE ENERGY ' AUTHORITY — JOINT POWERS AGREEMENT 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., above. 5. INTERNAL ORGANIZATION 5.1 Elected and Appointed Officers. For each fiscal year, the Board shall elect a Chair andVice 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 terns 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 `hair. 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 practicabl e 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 iri 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 Par=ty'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 14 283 of 361 A\ DIEGO REGIONAL IONAL `OMMUNIT CHOICE ENERGY AUTHORITY JOINT POWERS AGREEMENT 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 1 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 fullcost 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 shah 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 policiesestablished 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 ouut the purpose of this Agreement, pursuant to terms and conditions adopted b �i the Board, 5.9 Privileges and Immunities from Liability. of the privileges and immunities from liability, exemption from laws, ordinances and rules, all pension, relief -15 284 of 361 SAN DIEGO REGIONAL COMMUNITY CHOICE ENERGY AUTHORITY — JOINT POWERS AGREEMENT 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 sane 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 Pro, am, 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 ward 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 notdelegate 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 Coin mittee, or any other committee, the Board's authority under Section 3.2.12 to adopt and amend Authority policies and procedures. .1.0.. 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 285 of 361 SAN DIEGO EGI NA L COMMUNITY CHOICE ENERGY AUTHORITY IT — JOI T POWERS AGREEMENT 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. .10.5 Meetings of the Advisory Committees. Ali meetings of the committees shall be held in accordance with the Brown Act. Foi' 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), s), and Alternate Director(s). 5,10.E 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. _1 - 286 of 361 SAN DIEGO REGIONAL o i. ITY CHOICE ENERGY AUTHOIITY — JOINT POWERS AGREEMENT iMPLEMENTATION ACTION AND AUTHORITY DOCUMENTS ,1 Preliminary Implementation of the CCA Program. .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 CA. Program by and through its participation in the Authority. 6.1. 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 uthorit 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 terrns 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 IMPS 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 shalt be to achieve and sustain a renewable energy portfolio with 100 percent renewable energy 287 of 361 SAN DIEDIEGO REGIONAL COMMUNITY CHOICE ENERGY AUTHORITY — JO[T POWERS AGREEMENT 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 co rnencin, 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 inseparate 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. Ali 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.F) 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, _1_ 288 of 361 SAID DIEGO REGIONAL COMMUNITY CHOICE ENERGY AUTHORITY — JOINT POWERS AGREEMENT 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 for rn ation 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. (b) 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 timecosts 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: (u) contributions from its treasury for the purposes set forth in this Agreement; 289 of 361 AN DIEGO REGIONAL AL COMMUNITY CHOICE ENERGY AUTHORITY --- JOT POWERS AGREEMENT (b) pa3iTnents 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..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 .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 290 of 361 SAN DIEDIEGO REGIONAL COMMUNITY CHOICE ENERGY AUTHORITY JOINT POWERS AGREEMENT 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. .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 iron -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 iri 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 temination. 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 291 of 361 SAN DIEGO REGIONAL COMMUNITY CHOICE ENERGY Y AUTHORITY — JOINT POWERS AGREEMENT 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 Nvithdrawing Party, as described in Section 8.1 (Witiidrawal) 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, damaes. 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 pro am 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 y 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 Agr•eei ent and dissolution of the Authority by all Parties, and after payment ent of all obligations of the Authority, the Board .6. l May sell or liquidate Authority property; and -23 - 292 of 361 SA DIEGO REGIONAL COMMUNITY CHOICE ENERGY AUTHORITY JOINT POWERS S AGREEMENT ,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 by any other method deemed appropriate by the Board. Upon providing written notice to all Parties, any Party inay change the des i rated address or e-mail for receiving notice. 293 of 361 SAN DIEGO REGIONAL COMMUNITY UNITY CHOICE ENERGY AUTHORITY — JOIT POWERS AGREEMENT 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 uccessors. This Agreement shall be binding upon and shall inure to the benefit of the successors of each Party. 9.6 ,ssignment. 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 ofthis 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 Areement, 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 eerabiilty. If any one or more of the terms, provisions, promises, covenants, or conditions ofthis 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 overning 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. 1 -9 5_ 294 of 361 SAN D I E+ O REGIONAL COMMUNITY CHOICE ICE ENERGY AUTHORITY — JOINT POWERSAGREEMENT CITY OF By: (Insert Name), Mayor ATTEST: By: (Insert Name, City Clerk APPROVED ED AS TO FORM: By: (Insert Name , City. Attorri e F 60-* 1J13 295 of 361 SAN DIEGO REGIONAL COMMUNITY CHOICE ENERGY AUTHORITY JOINT POWERS AGREEMENT Exhibit A: Definitions "AB 117" means Assembly Bill 117 (Stat. 2002, Ch. 838, codified at Public Utilities Code Section 366.? , which created Community Choice Aggregation. "Act" means the Joint Exercise of Powers Act of tiie State of California (Chapter 5, Division 7, Title 1 of the Government Code cornmencing with Section 6500), "Agreement" means this Joint Powers Agreement. "Authority" means San Diego Regional Community Choice Energy Authority, "Authority Documents)" 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. (Purpose) of this Agreement. "Days" shall mean calendar clays 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 CC F 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 -mating authority over such agency. -7 296 of 361 SAN DIEGO REGIONAL COMMUNITY HOI E ENERGY AUTHORITY — JOINT POWERS AGREEMENT "Initial Costs" means implementation costs advanced by theCity of San Diego andother Founding Members in support of the formation of the Authority, which area directly related to the establishment of the Authority and its CCA program, and 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 tuning 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 ed the conditions as defined above in `Founding embers" 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. 297 of 361 SAN DIEGO REGIONAL COMMUNITY CH -_ICE ENERGY AUTHORITY T JOINT POWERS A' EEMENT Exhibit B: List of Founding Members ity of San Diego City of Chula Vista City of Encinitas City of La Mesa City of Imperial Beach 298 of 361 SAN DIEGO REGIONAL COMMUNITY CHOICE ENERGY AUTHORITY JOLNT 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 Beath 1 08,500 * 2018 data provided by SDG&I **2017 data provided by SDG&E -30 - 299 of 361 SAN DIEGO REGIONAL COMMUNITY CHOICE ENERGY AUTHORITY — .I [NT POWERS AGREEMENT Exhibit D: Voting Shares of Foundling Members Party MIVh Voting Share San Diego ,3 0, 00* . O% Chula Vista 70 ,0 * 2 .45% Encinitas 31,0: :. 9.36% La Mesa 2 17.* 8.79% Imperial Beach 103,500 4. 0% Total 7,558,500 100.00% * 2018 data provided by SDG E * 2017 data provided by S L E -31 300 of 361 SAN DIEGO REG fONAL COMMUNITY CHOICE ENERGY AUTHORITY JOINT POWERS AGREEMENT CITY OF San Diego By: ATTEST: By: r....XA Exhibit E: Signatures Mayor 114/2aqYart City Clerk APPROVED AS TO FORM: By: City Attorney �6� 3 _ 7- 301 of 361 SAN DIEGO REGIONAL COMMUNITY CHOICE ENERGY AUTHORITY JOINT POWERS AGREEMENT CITY OF Chula Vista By: M Casillas Salas, Mayor ATTEST: By: Kerry g lo►* ' City Clerk APPROVED AS TO FORM: Glena,-- Go Exhibit E. Signatures ity Attorney _ 3- 302 of 361 SAN DIEGOREG IO AL COMMUNITY CHOICE ENERGY AUTHOR! ry JOINT POWERS AGREEMENT CITY OF Encinitas By: Ka n P. Bnist, City Manager ATTEST: Kathy Ho lywoo City Clerk APPROV ASFORM: ‘Aeir7eehie-- Glenn Saline, ,its,, Attorney Exhibit E: Signatures 01/th 303 of 361 SAN DIEGO REGIONAL COM MUNITY CHOICE ENERGY AUTIIORI Y — JINT POWERS AGREEMENT CITY OF La Mesa. Exhibit E: Signatures Mark Arapostathis, Ma ATTEST: APPRO T ORM: 1 By: Glenn Sabine, City Attorney -35 304 of 361 SAN DIEGO REGION CITY OF Imperial Beach AL COMMUNITY CHOICE ENERGY AUTHORITY — 30fNIT POWERS AGREENLNT Exhibit E: Signatures By: Serge Dedin , Mayor ATTEST: B : it,L 1. .e Utz)1ine m. Kelly, lity ( APPROVED AS TO FORM: By Attorney 305 of 361 shall be changed to FIRST AMENDMENT TO THE SAN DIEGO -O 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) lment) 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, 5 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 Au hon°i1: '' to 4 San .Diego Community Power t.7 WHEREAS, the Agreement may be an ended in the manner set forth in Section 4.12.2, subsection (e) 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 _b nergy Authority" or " DRCC A.", such as set out in the title of the Agreement, Section '+ tion), and in all other places throughout the Agreement, San Diego Community Power, or SDCP 2. Except as specifically amended herein, the Agreement shall remain in full force and effect. 306 of 361 IN WITNESS WHEREOF, the Parties hereto have caused this First Amendment to be executed as of the date listed below. LN 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 DIEGOREGIONAL COMM Date: Ill 2, `Ill ITY CHOICE ENERGY AUTHORITY By: CODY HOOVEN Interim Executive Officer 307 of 361 RESOLUTION NO. 2021 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA (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 (SDCP) WHEREAS, in 2019, City of National City ("City") staff presented to City Council a preliminary report on the feasibility of possible Community Choice Aggregation ("CCA") models and associated pros and cons with each one; and WHEREAS, City Council directed City staff to continue to monitor the development of the San Diego County CCAs and return to City Council with an update; and WHEREAS, City staff provides City Council with the following updates: 1. under a CCA, residents, and businesses have the opportunity to choose who will purchase electricity on their behalf - either the CCA or the incumbent utility; and 2. under a CCA, residents and businesses can also select the renewable content of their electricity, giving customers the choice of where to purchase their power; and 3. twenty-three CCAs are 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") 4. the SDCP is a Joint Power Agency ("JPA") that was formed in September of 2019 and begun serving its first customers in March of 2021; and 5. Agencies currently participating in the SDCP are the 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, bringing the total accounts to be served by SDCP to approximately 950,000; and 6. CEA consists of the cities of Carlsbad, Del Mar, and Solana Beach, and CEA serves about 60,000 customer accounts; and WHEREAS, City staff 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; and 111 308 of 361 Resolution No. 2021 — Page Two WHEREAS, City staff believes both CCAs are viable options but recommends SDCP for the following reason: (1) it is a quickly maturing CCA, with 12 permanent staff already in place, (2) the larger number of accounts that SDCP serves would spread fixed cost over a larger number, therefore, lowering costs to users, and (3) 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; and WHEREAS, City staff advises if City Council desires to join SDCP, per Utilities Code Section 366.2(c)(12), City Council will need to adopt an ordinance electing to do so within its jurisdiction; and WHEREAS, City staff further advises that said ordinance would automatically transfer all SDGE accounts in the City to the CCA but would allow any account to opt -out with minimal effort; and WHEREAS, City staff requests City Council direction to return to City Council with a CCA ordinance and Joint Powers Agency agreement with SDCP at a future meeting. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: Section 1: Accepts the Community Choice Aggregation ("CCA") comparison and recommendation memo. Section 2: Directs City staff to return to City Council with a CCA ordinance and Joint Powers Agency agreement with San Diego Community Power ("SDCP") at a future City Council meeting. Section 3: The City Clerk shall certify the passage and adoption of this Resolution and enter it into the book of original Resolution. PASSED and ADOPTED this 21st day of September, 2021. Alejandra Sotelo-Solis, Mayor ATTEST: Luz Molina, City Clerk APPROVED AS TO FORM: Charles E. Bell Jr., City Attorney 309 of 361 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the acceptance of 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. (Library and Community Services) Please scroll down to view the backup material. 310 of 361 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: 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 APPROVED: oG� Finance APPROVED: 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 1311 of 361 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 2 312 of 361 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 3 313 of 361 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 4 314 of 361 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 315 of 361 Dow,Sign Envelope ID: 5E57C BA-01 D-402A-867-9FC87A6FD650 ATTACHMENT 2 Calftmud STAT PRESERVING OUR HERITAGE. SHAPING OUR FUTURE LIBRARY SERVICES AND TECHNOLOGY ACT (LSTA) AWARD AGREEMENT AND CERTIFICATION OF COMPLIANCE Page 6 316 of 361 DocuSign Envelope ID: E57G BA-f 13D-4 ; A- b7-9FCB7A FD6 O ATTACHMENT 2 -114-/:) STATEtIBRARY PRESERVING OUR HERITAGE. 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 . ..,.2 PROCEDURES and REQUIREMENTS ...w3 Term of the Agreement w.. •..............w....r.... t3 Scope of Work Spending Funds....3 Narrative and Financial Reports Claim Farm and Payment .................w..,.........#�...*..,,,..,.,,.. EXHIBIT A: TERMS AND CONDITIONS ............. ........... ..w.......... w....w.._........ .....,.,...,,,........ ...,,..,...... EXHIBIT B: FEDERAL RESTRICTIONS ON THE 115E OF LSTA FUNDS 25 EXHIBIT C: LSTA AWARD REQUIREMENTS 29 CIPA Compliance 29 Contracting Guidance :..30 Accessibility 30 Language Access Services 31 EXHIBIT D: CERTIFICATION OF COMPLIANCE FORM .. .,. 2 Certification 40 Page 7 317 of 361 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: Page 8 318 of 361 Dom Sign Envelope ID: 5E57C B-913D-4C2A-8+675-9FC17A6FD650 ATTACHMENT 2 "8 F-1 cwtCc z}ncca TATE I BRARY '.- FRESERViNG 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. Page 9 319 of 361 Dow Sign Envelope ID: 5E57C2BA-013D-4c2A43675-9FC137A6M650 ATTACHMENT 2 National City Public Library Library Access on the Go 40-9219 2021-2022 Page 4 of 41 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 . Page 10 320 of 361 Dow Sign Envelope ID: 5E57C2BA-0130-402A-8675-9FC137A6FDOSO ATTACHMENT 2 National City Public Library Library Access on the Oo 40-9219 2021-2022 Page of41 '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 Page 11 321 of 361 Do u ign Envelope ID: 5E57C2BA-0131)-4C2A-8675-9FCB7MFD650 ATTACHMENT 2 National City Public Library Library Access on the Go 40-9219 2021-2022 Page 6 of 41 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. Page 12 322 of 361 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. Page 13 323 of 361 DocuSign Envelope ID: 5E57C SA-913D-4 A-8 75-9ECB7A FD6 U ATTACHMENT 2 National City Pu 3lic Library Library Access on the Go 40-9219 2021-2022 Page 8 of 41 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 Page 14 324 of 361 Domu i9n Envetop ilk: E57 BA-01 0-4 A,86 -9F 13A6F0650 ATTACHMENT 2 National city Public Library Library Access on the Go 40-9219 2021-2022 Page 9 of 41 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 Page 15 325 of 361 Cow i n Envelope ID: 5E7 B-013D-4C A-B 7 -9F I3 A6FD 5O 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 Page 16 326 of 361 Dom Sign En elope ID: E 7 B -01 D A- 7 -9 F B7A F D6 0 ATTACHMENT 2 National City Public Library Library Access on the Go 40-9219 2021-2022 Page 11 of 41 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. Page 17 327 of 361 Do u ign Envelope ID: 5E5702BA-013D-4C2A-8675-9FCB7A6FD650 ATTACHMENT 2 National City Public Library Library Access on the Go 40-9219 2021-2022 Page 12 of 41 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 Page 18 328 of 361 Do u ign Envelope ID: 5E5702BA-013D-4C2A-8675-9PC137A6FD650 ATTACHMENT 2 National City Public Library Library Access on the Go 40-9219 2021-2022 Page 13 of 41 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. Page 19 329 of 361 Docu ign Envelope ID: E 7 B-013D-4 A►-867'-9FGB7A FLX55O ATTACHMENT 2 National City Public Library Library Access on the Go 40-9219 2021-2022 Page 14of41 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 Page 20 330 of 361 Dow Sign Envelope ID: 5E57C213A-013D-4C2A-8675-9FGBIA6F13650 ATTACHMENT 2 National City Public Library Library Access on the Go 40-9219 2021-2022 Page 15 of 41 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. Page 21 331 of 361 Do u ign Envelope iD: 5E5 D B -01 D-4c A- 57 - F B A FD 5o ATTACHMENT 2 National City Public Library Library Access on the Go 40-9219% 2021-2022 Page 1 'of 41 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 Page 22 332 of 361 Dow Sign Envelope ICE. 5E5702BA-013D-4C2A-6675-9FCB7A6FD650 ATTACHMENT 2 National City Public Library Library Access on the Go 40-9219 2021-2022 Page 17 of 41 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 Page 23 333 of 361 Do u ign Envelope ID: 5E57 iA-U131 -4 A-8 -9FC 7A FD 0 ATTACHMENT 2 National City Public Library Library Access on the Go 40-9219 2021-2022 Page 18 of 41 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. Page 24 334 of 361 Do u lgn Envelope 1D. 5E57C2BA-013D-4C2A-8675-9FCBTA6F0650 ATTACHMENT 2 National City Public Library Library Access on the Go 40-9219 2021-2022 Page 19 of 41 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 • Page 25 335 of 361 Dow Sign Envelope ID: E57 BA-01 D-4 A-5 -9F B7A FD6 O ATTACHMENT 2 National City Public Library Library Access on the Go 40-9219 221.2022 Page 20 of 41 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 Page 26 336 of 361 Docu Irgrr Envelope ID: 5E57C2BA-013D-4C2A-8675-9FC137A6FD650 ATTACHMENT 2 National City Public Library Library Access on the Go 40-9219 2021-2022 Pa e 21 of 41 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 Page 27 337 of 361 Dom Sign Envelope ID: E 7D E -01 D-42A-8075-9FCB7A FDJ6 O ATTACHMENT 2 National City Public Library Library Access on the Go 40-9219 2021-2022 Page 22of 41 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. Page 28 338 of 361 D o u i n Envelope ID: E 7 2B -01 D A-S675-9F B7 0FDW O ATTACHMENT 2 Nafional City Public Library Library Access on the Go 40-9219 2021-2022 Pa e 23 of 41 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 Page 29 339 of 361 Dom i n Envelope ID: 5E57C2BA-013D-402A-5675-9FCB7A6F0650 ATTACHMENT 2 National City Public Library Library Access on the Go 40-9219 021-2022 Pae 24of41 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. Page 30 340 of 361 DocuSign Envelope ID: 5E57G BA-013D-4C A-8 75-9FC67A FD650 ATTACHMENT 2 Cder,iild r - STATE I BRARY PRE5ERVNOUP HITAG E. SHAPING OUR FUTURE National City Public Library Library Access on the Go 40-9219 2021-2022 Page 25 of1 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 Page 31 341 of 361 DocuSign Envelope ID: 5E57G BA-913D-4G2A-8575-9FGB7A FD55O ATTACHMENT 2 National City Public Library Library Access on the Go 40-9219 2021-2022 Page 26 of 41 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 Page 32 342 of 361 Docu ign Envelope ID: 5E57C 8A-01 D-4C A- 5 5-9FGB7A6FD650 ATTACHMENT 2 National City Public Library Library Access on the Go 40-9219 2021-2022 Page 27 of 41 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 Page 33 343 of 361 Dom Sign Envelope ID: 5E57C2BA-013D4G2A-8675-9FCB7A6F13650 ATTACHMENT 2 National City Public Library Library Access on the Go 40-9219 2021-2022 Page 28 of41 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.) Page 34 344 of 361 Do uSFgn Envelope ID: 5E57C BA-01 D-4C A-5675-9FCB A6FD650 ATTACHMENT 2 C lH%C(R STATE I BRARY F 111 I J N 17 f I'► 1 PRESERVING OUR. HERITAGE. SHAPING OUR FUTURE National City Public Library Library Access on the Go 40-9219 2021-2022 Page 29 of 41 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. Page 35 345 of 361 DocuSign Envelope ID: 5E57 BA- 13D-4D2A,-8675-JFCB7A66FD65O ATTACHMENT 2 National City Public Library Library Access on the Go 40-9219 2021-2022 Page 30 of 41 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 Page 36 346 of 361 DocuS gn Envelope ID: 5E57C BA-01 D-4C2A-8675-9FGBIA FDb5a ATTACHMENT 2 • 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 National City Public Library Library Access on the Go 40-9 .19 2021-2022 Page 31 of 41 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. Page 37 347 of 361 Dow Sign Envelope ID: 5E57C BA-013D-4 A.8675- FC137A FD 0 ATTACHMENT 2 Ca' / fl.Lc( STATE 1 BRARY PnE%EFWING OUR HERITAGE. SHAPING OUR FUTURE National City Public Library Library Access on the Go 40-9219 2021-2022 Page 32 of 41 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 Page 38 348 of 361 Dow Sign Envelope ID: 5E57C.2BA-01 D-4C A-5575-9FCB7A FD65O ATTACHMENT 2 National City Public Library Library Access on the Go 40-9219 2021-2022 Page 33 of 41. 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) . Page 39 349 of 361 Dow Sign Envelope ID: 5E57C2BA-013D-4C2A-5675-9FCB7A6FD650 ATTACHMENT 2 National City Public Library Library Access on the Go 4 --9 19 2021-2022 Page 34 of 41 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. Page 40 350 of 361 I omu ign Envelope ID: 5E57c213A-013D-4C2A-8675-9FCB7A6FD650 ATTACHMENT 2 National city Public Library Library Access on the Go 40-9219 2021-2022 Page 35 of 41 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. • Page 41 351 of 361 D cuSign Envelope ID: 6E57 BA-01 D-4 2 -86 -9F E7AF0650 ATTACHMENT 2 National City Public Library Library Access on the Go 40-9219 2021-2022 Page 36 of 41 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. Page 42 352 of 361 Dow Sign Envelope ID: E BA-01 D-4--5 -9F B7A FD ► O ATTACHMENT 2 National City Public Library Library Access on the. Go 40-9219 2021-2022 Page 37 of 41 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 Page 43 353 of 361 Dom Sign Envelope ID: 5E67C2BA-013D-4C2A-8675-9FCB7A6FD650 ATTACHMENT 2 National City Public Library Library Access on the Go 40-9219 2021-2022 Page 38of41 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 Page 44 354 of 361 Doou i n Envelope ID: 5E ' BA-01 D-4C -8 ' -9F 137A FD6 0 ATTACHMENT 2 National city Public Library Library Access on the Go 40-9219 2021-2022 Page 39 of 41 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. Page 45 355 of 361 DowSign Envelope ID: 5E57C2BA-013D-4 A-8675-9FCB7A6FD6 0 ATTACHMENT 2 National City Public Library Library Access on the Go 40-9219 2021-2022 Page 40 of 41 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 STATE JARAF IAN OR DESIGNEE Name: Signature: Date: Page 46 356 of 361 ATTACHMENT 2 DowSign Envelope ID. 5E57C2DA-013D-4C2A-8075-9FCB7A6FD6 O 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 Page 47 357 of 361 RESOLUTION NO. 2021 — 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 THE NATIONAL CITY PUBLIC LIBRARY AND THE ESTABLISHMENT OF A LIBRARY GRANTS FUND APPROPRIATIONS IN THE AMOUNT OF $16,421 AND CORRESPONDING REVENUE BUDGET FOR THE LIBRARY ACCESS ON THE GO WITH NO MATCHING FUNDS REQUIRED WHEREAS, 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; and WHEREAS, the grant funds will allow the National City Public Library to 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; and WHEREAS, currently, users access the Library's website to look for e-resources, materials and view their account; and WHEREAS, the grant funds pay for Year 1 of the mobile app, the start-up costs, and personnel costs for its launch. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: Section 1: Authorizes 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 the National City Public Library. Section 2: Authorizes the establishment of Library Grants Fund appropriations in the amount of $16,421 and a corresponding revenue budget for the Library Access on the Go Grant with no matching funds required. Section 3: That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolution. 111 358 of 361 Resolution No. 2021 — Page Two PASSED and ADOPTED this 21st day of September, 2021. Alejandra Sotelo-Solis, Mayor ATTEST: Luz Molina, City Clerk APPROVED AS TO FORM: Charles E. Bell Jr., City Attorney 359 of 361 The following page(s) contain the backup material for Agenda Item: City Manager Report. (City Manager) Please scroll down to view the backup material. 360 of 361 Item # 09/21/21 City Manager Report (City Manager) 361 of 361