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HomeMy WebLinkAbout2021 CON NetFile Inc - FPPC Filing Software_AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND NETFILE, INC. THIS AGREEMENT is entered into on this day of �et. 2021, by and between the CITY 'OF NATIONAL CITY, a municipal corporation (the "CITY"), and Netfile, Inc., a California Corporation) (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to obtain professional services more full described in this Agreement; WHEREAS, in order to procure these professional services CONSULTANT was chosen based on CONSULTANT's unique qualificaitons, including 1) CONSULTANT is the only software company that offers a product approved by the Secretary of State to allow for the online filing of a wide variety of campaign disclosure forms; WHEREAS, the the CONSULTANT represents that it, and its SUBCONSULTANTS, if any, have the professional qualifications, expertise, desire and any license(s) necessary to provide certain goods and/or required services of the quality and type which meet the CITY's requirements; WHEREAS, The Parties have specified in this Agreement the terms and conditions under which such services will be provided and paid for. NOW, THEREFORE; THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CITY agrees to engage the CONSULTANT to provide professional services more full described in this Agreement, and the CONSULTANT agrees to perform the services set forth here in accordance with all terms and conditions contained herein; The CONSULTANT represents that all services shall be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement will become effective within three (3) days of being fully executed by parties. The duration of this Agreement is for the period of February 16, 2021 through June 30, 2026. This Agreement may be extended by mutual agreement upon the same terms and conditions for an additional three (3) year term. The Parties may exercise up to two (2) three-year extensions. Any extension of this Agreement must be approved in writing by the City Manager. 3. SCOPE OF SERVICES. CITY employs CONSULTANT to perform the services. - ("Services") more fully described in Exhibit A entitled, "SCOPE OF SERVICES", atfached. and ;:.incorporated by this reference. Except as otherwise specified in this Agreement; CONSULTANT shall furnish all necessary technical and professional services, including labor, material, equipment, transportation, supervision, and expertiseto satisfactorily complete the work required by CITY at its own risk and expense. 4. PROJECT COORDINATION AND SUPERVISION. The CITY'S City Clerk or their designee is hereby designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Tom Diebert thereby is designated as the Project Director for the CONSULTANT. • 5. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on annual 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 $6,300.00. The compensation for the CONSULTANT'S work shall not exceed the rates set forth in Exhibit A. Annual invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit A, as determined by the CITY. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred, and shall make such materials available at its office at all reasonable timesduring the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspectionby the CITY, and for furnishing of copies to the CITY, if requested. 6. ACCEPTABILITY OF WORK. The CITY shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement, and the amount of compensation due. Incthe event the CONSULTANT and the CITY cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT in this Agreement, the CITY or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the CITY shall each prepare a report which supports their position and file the same with the other party. The CITY shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT. 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, . Maps, Drawings, Plans, Specifications, and other documents prepared by the CONSULTANT for this project, whether paper or electronic, shall: (1) be free from defects; (2) become the property of the CITY for use with respect to this project; and (3) shall be turned over to the CITY upon completion of the project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CITY, and CONSULTANT thereby expressly waives and disclaims any copyright in, and the right to reproduce, all written material, drawings, plans, specifications, or other work prepared under this Agreement, . _,except upon the CITY' S prior authorization regarding reproduction, which authorization shall' not be unreasonably withheld. The CONSULTANT shall, Standard Agreement Revised January 2021 :Page 2 of 1$ City of National City and Netfile, Inc. upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. - All data created by CITY OR CITY's filers is the property of the CITY. All applications and their source code are theproperty of the CONSULTANT. Any modification or reuse by the CITY of documents, drawings, or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14, but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of Services of this project, unless otherwise mutually agreed. 8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT'S employees are employees of the CITY, and are not entitled to any of the rights, benefits, or privileges of the CITY'S employees, including but not limited to retirement, medical, unemploy- ment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT'S employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement, nor any interest herein, may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or SUBCONSULTANTS, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its SUBCONSULTANT(S) shall require the SUBCONSULTANT(S) to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CITY, nor its officers, agents, or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT'S employees, except as set forth in this Agreement. The CONSULTANT, or the CONSULTANT'S agents, servants, or employees are not in any manner agents, servants, or employees of the CITY. The CONSULTANT and its agents, servants, and employees are wholly independent from the CITY and CONSULTANT'S obligations to the CITY are solely prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable state and federal statutes and regulations, and all applicable ordinances, rules, and regulations of the City of National City, whether now.in force or subsequently enacted. The CONSULTANT and each of its SUBCONSULTANT(S), shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice- its profession. CONSULTANT must promptly produce a copy of any such license, permit, or approval to CITY upon request. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the Standard Agreement ; Revised January 2021 Page 3 of 18 City of National City and Netfile, Inc. term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. - 12. USE OF CITY NAME OR EMBLEM. CONSULTANT and its employees, agents and representatives will not, without the prior written consent of CITY in each instance, use in advertising, publicity or otherwise -the name of CITY or any affiliate of CITY, or any officer or employee of CITY, nor any trade name, trademark, trade device, service mark, symbol or any abbreviation, agreement or simulation thereof owned by CITY or its affiliates, nor represent, directly or indirectly, that any product or service provided by CONSULTANT has been approved or endorsed by CITY, nor refer to the existence of this Agreement in press releases, advertising or materials distributed to prospective customers. Notwithstanding the foregoing, CONSULTANT may acknowledge, when asked, that the CITY is a NetFile client. 13. AUDITS. City, through its authorized representatives, has the right during the term of this Agreement, and for three (3) years from the date of final payment for goods and/or Services provided under this Agreement, to audit the books and records of CONSULTANT regarding matters covered by this Agreement. CONSULTANT agrees to maintain accurate books and records in accordance with generally accepted accounting principles. Any expenses not so recorded shall be disallowed by City. CONSULTANT agrees to help City meet any reporting requirements with respect to CONSULTANT's Services if requested by City in writing. 14. WARRANTY. CONSULTANT expressly warrants that all materials and services covered by this Agreement shall be fit for the purpose intended, shall be free from known defects, shall be provided in a timely manner, and shall conform to the specifications, requirements, and instructions upon which this Agreement is based. CONSULTANT agrees to promptly replace or correct any incomplete, inaccurate, or defective Services at no further cost to City when defects are due to the negligence, errors or omissions of CONSULTANT. CONSULTANT further warrants and represents that it is the owner of or has acquired the rights to use (including derivative rights) the software, technology, or otherwise that is required, in ,order to provide all related materials and services as set forth in Exhibit A, without violating any rights of a third party, and there is'currently no actual or threatened suit by any such third party based on an alleged violation of such third -party rights by CONSULTANT. CONSULTANT further warrants that NetFile servers have a guaranteed uptime of 99% and, for so long as City shall pay the fees described in this Agreement (a) the System will be materially free of errors, and (b) CONSULTANT will provide the Professional Services in a professional and workmanlike manner consistent with the highest industry standards. CONSULTANT further warrants, during the term of this Agreement, that (i) the NetFile servers will be free of any Harmful Code (as defined below), and (ii) CONSULTANT will not interfere with or disrupt City's or the User's use of the System. For purposes of this Agreement, the term "Harmful Code" means any software code with the ability to damage, interfere with, or adversely affect, computer programs, data files, or hardware without the consent or intent of the computer user. This definition includes, but is not limited to, self -replacing and self -propagating programming instructions commonly called "viruses," ,"Trojan horses," and "worms." CONSULTANT agrees to implement reasonable procedures,to ,prevent any software, link or code provided to City hereunder from being contaminated -with Harmful Code. If CONSULTANT Standard Agreement Page 4 of 1$ . , Revised January 2021 City of National City and Netfile, Inc. learns of or suspects the existence of any Harmful Code, CONSULTANT will immediately notify City and make every effort to remove the Harmful Code. 15. HOSTING SERVICES. a. Availability of Services. Subject to the terms of this Agreement, CONSULTANT shall use its best efforts to provide online access to the City and filers of FPPC Campaign Disclosure forms for twenty-four (24) hours a day, seven (7) days a week upon completion of the parsed database and accepted by the City and thereafter, throughout the term of this Agreement. City agrees that from time to time CONSULTANT's servers may be inaccessible or inoperable for various reasons, including: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which CONSULTANT may undertake from time to time; or (iii) causes beyond the control of CONSULTANT or which were not reasonably foreseeable by CONSULTANT, including interruption or failure of communications or transmission links, hostile network attacks or other failures (collectively "Downtime"). CONSULTANT shall provide forty-eight (48) hour advance notice to City in the event of any scheduled Downtime. CONSULTANT shall use its best efforts to minimize any disruption, inaccessibility and/or inoperability in connection with the Downtime, whether scheduled or not. In the event of any Downtime, City shall be entitled to a pro-rata reduction of any payments due and payable to CONSULTANT for such period. b. Backups CONSULTANT shall maintain backup servers and telecommunications connections and maintain weekly backups of City's database of FPPC Campaign Disclosure Form filings on such backup servers. CONSULTANT's disaster recovery and contingency planning, equipment, software, and telecommunications connections shall enable CONSULTANT to provide City access on and from such backup servers within forty-eight (48) hours of any disruption in service. c. Storage and Security Contactor shall operate . and maintain the servers in good working order with access restricted to qualified employees of CONSULTANT and persons specifically designated by City. CONSULTANT shall undertal<e and perform the measures set forth in Exhibit A to ensure the security, confidentiality subject to Section 27 d. below, and integrity of all City content and other proprietary information transmitted through or stored on CONSULTANT's server(s), including, without limitation: (i) firewall protection; (ii) maintenance of independent archival and backup copies of the City's content; and (iii) protection from any network attack and other harmful, malicious, or disabling data, work, code or program. Standard Agreement Revised January 2021 Page S:.of 18 City of National City and Netfile, Inc. d. Non -Disclosure CONSULTANT shall comply with- all laws and regulations applicable to the gathering, processing, storing, transmitting and dissemination of personal information. CONSULTANT will not disclose any personal information accepted as required pursuant to the FPPC Campaign Disclosure Forms laws, without City's prior written consent, unless such disclosure is (i) authorized pursuant to the FPPC Disclosure laws; (ii) required by law or regulation, but only to the extent and for the purpose of such law or regulation; (iii) is in response to a valid order of any court of competent jurisdiction or other govermnent body, but only to the extent of and for the purpose of such order, and only if CONSULTANT first notifies City of the order and permits City to seek an appropriate protective order; or (iv) with written permission of City in compliance with any terms or conditions set by City regarding such disclosure. 16. LIABILITY FOR CITY SCANNED DOCUMENTS. City accepts any and all liability resulting from the placement of documents scanned by the City that are made available on the Internet for public viewing through the services of the CONSULTANT. In no event does the CONSULTANT accept liability created by any document scanned into the System by the City. 17. STANDARD OF CARE. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT'S trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT'S employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this Agreement, the CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONSULTANT'S professional performance or the furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -section will render the CONSULTANT liable to the CITY for any increased costs that result from the CITY'S later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 18. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment: 'because :of age, race, color, Standard Agreement Revised January 2021 Page 6 of 18 City of National City and Netfile, Inc. ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital -status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 19. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 14, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of - information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the .extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONSULTANT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 20. 20. INDEMNIFICATION AND HOLD HARMLESS. To the maximum extent provided by law, the CONSULTANT agrees to defend, indemnify, and hold harmless the City of National City, its officers, officials, agents, employees, and volunteers against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT'S negligence, recklessness, or willful misconduct in the performance of this Agreement. CITY will cooperate reasonably in the defense of any action, and CONSULTANT shall employ competent counsel, reasonably acceptable to the City Attorney. The indemnity, defense and hold harmless obligations contained_ herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement. 21. INDEMNIFICATION AND HOLD HARMLESS. To the maximum extent provided by law, The CONSULTANT agrees to defend, indemnify and hold. harmless the City of National City, its officers, officials, agents, employees, and volunteers against and from any and " -Standard Agreement Page 7 of 18 Revised January 2021 Netfile, Inc. City ofNational City and. all liability, loss, damagesto property, injuries to, or death of any person or persons, and all claims, demands; suits, actions, proceedings, reasonable attorneys' fees, and.defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT'S performance or other obligations under this Agreement; provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the CITY, its agents, officers, employees or volunteers. CITY will cooperate reasonably in the defense of any action, and CONSULTANT shall employ competent counsel, reasonably acceptable to the City Attorney. The indemnity, defense, and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement. 22. EMPLOYEE PAYMENTS AND INDEMNIFICATION. 22.1 PERS Eligibility Indemnification. If CONSULTANT's employee(s) providing services under this Agreement claims, or is determined by a court of competent jurisdiction or the California Public Employees Retirement System ("PERS") to be eligible for enrollment in PERS of the CITY, CONSULTANT shall indemnify, defend, and hold harmless CITY for the payment of any employer and employee contributions for PERS benefits on behalf of the employee as well as for payment of any penalties and interest on such contributions which would otherwise be the responsibility of the CITY. CONSULTANT 'S employees providing service under this Agreement shall not: (1) qualify for any compensation and benefit under PERS; (2) be entitled to any benefits under PERS; (3) enroll in PERS as an employee of CITY; (4) receive any employer contributions paid by CITY for PERS benefits; or (5) be entitled to any other PERS-related benefit that would accrue to a CITY employee. CONSULTANT 's employees hereby waive any claims to benefits or compensation described in this Section 16. This Section 16 applies to CONSULTANT notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary. 22.2 Limitation of CITY Liability. The payment made to CONSULTANT under this Agreement shall be the full and complete compensation to which CONSULTANT and CONSULTANT's officers, employees, agents, and subCONSULTANTs are entitled for performance of any work under this Agreement. Neither CONSULTANT nor CONSULTANT' s officers, employees, agents, and subCONSULTANTs are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to CITY employees. The CITY will not make any federal or state tax withholdings on behalf of CONSULTANT. The CITY shall not be required to pay any workers' compensation insurance on behalf of CONSULTANT. 22.3 Indemnification for Employee Payments. CONSULTANT agrees to defend and indemnify the CITY for any obligation, claim, suit, or demand for tax, retirement contribution including any contribution to PERS, social security, salary or wages, overtime payment, or workers' compensation payment which the CITY may be required to make on behalf of (1) -CONSULTANT, (2) any employee of CONSULTANT, or (3) any employee of CONSULTANT . construed1to be an employee of the CITY, for work performed under this Agreement. This is a continuing•obligation that survives the termination of this Agreement. ,Standard •Agreement Revised January 2021 Page. 8 of 18 City of National City and Netfile, Inc. 23. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4' and 5 of the California Labor Code and all amendments thereto; and all similar State or federal acts 'or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, employees, and volunteers from and against all claims, demands, payments, suits, actions, proceedings, and_ judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 24. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its SUBCONSULTANT(S), when applicable, to purchase and maintainthroughout the term of this Agreement, the following insurance policies: A. ❑ If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile Insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and, hired vehicles. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. C. Commercial General Liability Insurance, with minimum limits of either $2,000,000 per occurrence and $4,000,000 aggregate, or $1,000,000 per occurrence and $2,000,000 aggregate with a $2,000,000 umbrella policy, covering all bodily injury and property damage arising out of its operations, work, or performance under this Agreement. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "project" or "location". The "project" or "location" should be noted with specificity on an endorsement that shall be incorporated into the policy. D. Workers' Compensation Insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT'S employees and employers' liability, insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the CITY. Said endorsement shall be provided prior to commencement of work under this Agreement. If CONSULTANT has no employees subject to the California Workers' Compensation and Labor laws, CONSULTANT shall execute a Declaration to that effect. Said Declaration shall be provided to CONSULTANT by CITY. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, officials, employees, and volunteers; so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY's Risk Manager, at the address listed in subsection G below, of cancellation or material change. F. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the -date -of this Agreement. Standard Agreement Revised January 2021 Page 9 of 18 City of National City and Netfile, Inc. shall be: G. The Certificate Holder for all policies of insurance required by. this Section City of National City c/o Risk Manager 1243 National City Boulevard National City, CA 91950-4397 H. Insurance shall be written with only insurers authorized to conduct business in California that hold a current policy holder's alphabetic and financial size category rating of not less than A:VII according to the current Best's Key Rating Guide, or a company of equal financial stability that is approved by the CITY'S Risk Manager. In the event coverage is provided by non - admitted "surplus lines" carriers, they must be included on the most recent List of Approved Surplus Line Insurers ("LASLI") and otherwise meet rating requirements. I. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY'S Risk Manager. If the CONSULTANT does not keep all insurance policies required by this Section 18 in full force and effect at all times during the term of this Agreement, the CITY may treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. J. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. CITY reserves the right to modify the insurance requirements of this Section 18, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. K. If the CONSULTANT maintains broader coverage or higher limits (or both) than the minimum limits shown above, the CITY shall be entitled to the broader coverage or higher limits (or both) maintained by the CONSULTANT. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY. 25. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be `entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party,•it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be. considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 26. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause, shall be ,effective only upon 60-day's written notice to the CONSULTANT. During said 60=day-•period the CONSULTANT shall perform all services in accordance with this Agreement: ` . Standard Agreement Page 10 of 18 City of National City and Revised January 2021 - • Netfile, Inc. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps. Drawings. Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic. shall immediately become the property of and be delivered to the CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination. not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONSULTANT'S breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 7. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the fling of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 27. NOTICES. All notices or other communications required or permitted hereunder shall be in writing. and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, retum receipt requested; or sent by ordinary mail. postage prepaid; or telegraphed or cabled; or delivered or sent by telex. telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice. (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered. certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox. mail chute. or other like facility regularly maintained by the United States Postal Service. (iv) if given by telegraph or cable. when delivered to the telegraph company with charges prepaid. or (v) if given by telex. telecopy, facsimile or fax, when sent. Any notice. request, demand. direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: Luz Molina City Clerk City Clerk's Office clerk'a nationalcityca.ttov City of National City 1243 National City Boulevard National City. CA 91950-4397 To CONSULTANT: LTANT: Tom Dichert Vice -President & COO diebert a netfile.com 2707-A Aurora Ct. Mariposa CA 95 338 standard Agreement Page 11 of 18 Re%iscd Januan 2021 tietftle. Inc. City of National City and Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 28. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the CONSULTANT shall comply with all of the reporting requirements 9f the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Section 22 by the CONSULTANT. 29. PREVAILING WAGES. State prevailing wage rates may apply to work performed under this Agreement. State prevailing wages rates apply to all public works contracts as set forth in California Labor Code, including but not limited to, Sections 1720, 1720.2, 1720.3, 1720.4, and 1771. Consultant is solely responsible to determine if State prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations. 30. ADMINISTRATIVE PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state, or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, ;are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. Standard Agreement Page 12 of 18 Revised January 2021 Netftle, Inc. City of National City and 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. Eo Exhibits and Schedules. The Exhibits and Schedules attached hereto are - hereby incorporated herein by this reference for all purposes. To the extent any exhibits, schedules, or provisions thereof conflict or are inconsistent with the terms and conditions contained in this Agreement, the terms and conditions of this Agreement shall control. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Assignment & Assumption of Rights. CONSULTANT shall not assign this Agreement, in whole or in part, to any other party without first obtaining the written consent of CITY. H. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. I. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. The venue for any legal action arising under this Agreement shall be in either state or federal court in the County of San Diego, State of California. J. Audit. If this Agreement exceeds ten -thousand dollars ($10,000), the parties shall be subject to the examination and audit of the State Auditor for a period of three (3) years' after final payment under the Agreement, per Government Code Section 8546.7. K. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. L. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. M. Subcontractors or Subconsultants. The CITY is engaging the services of the CONSULTANT identified in this Agreement. The CONSULTANT shall not subcontract any portion of the work, unless such subcontracting was part of the original proposal or is allowed by the CITY in writing. In the event any portion of the work under this Agreement is subcontracted, the subconsultant(s) shall be required to comply with and agree to, for the benefit of and in favor of the CITY, both the insurance provisions in Section 18 and the indemnification and hold harmless provision of Section 15 of this Agreement. N. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party --has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting = party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. -standard Agreement • Page 13 of 18 City of National City and. Revised January 2021 Netfile, Inc. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CIT By: Br u ston, City Manager APPROVED AS TO FORM: By: Charles F. Bell Jr. City Attorney NETFILE, INC. /t 'orporatron u{ ti corporate officers required! (Partnership or Sole proprietorcinp one signature! 13y: (Name) David Montgomery (Print) President & CEO (Title) By: o►� �r� (Name) Tom Diebert (Print) Vice President & CFO (Titre) Standard,\greement Page 14 of 18 (Ai!,or ational City and Revised Januar) 2021 Nettile, Inc. - AGREEMENT FOR THE PERFORMANCE OF SERVICES BY AND BETWEEN CITY OF NATIONAL CITY, CALIFORNIA AND NETFILE, INC. EXHIBIT A SCOPE OF SERVICES The Services to be performed for the City by the CONSULTANT under this Agreement are described in this Exhibit A. EXHIBIT A - CONTRACT SPECIFICS A. Expected Outcome NetFile will maintain and upgrade a system that permits the City of National City ("City") and users authorized by the City to (1) file FPPC Campaign Disclosure Forms in the CAL electronic format, to be available (in redacted form) for public viewing of documents over the Internet through a link on the City's website; (2) electronically file FPPC Statement of Economic Interest, Form 700 ("SEI") (up to 2,300 filers per calendar year) to be available (in redacted form) for public viewing of documents over the Internet through a link on the City's website; (3) maintain and upgrade a database of the FPPC Campaign Disclosure Forms and SEI forms to track filings and generate filing deadline and amendment letters; (4) allow the City to scan Campaign and SEI reports/forms not submitted electronically; (5) maintain and upgrade a system that permits the electronic filing oflocal lobbyist forms; and (6) maintain and upgrade a system for the purpose of processing and tracking electronic payments for the lobbyist fees. NetFile will not process payments or collect credit card data. NetFile will be responsible for (1) calculation of fees; (2) notification of City's bank of choice regarding fees due by reference number; (3) providing filer with personalized transaction link to bank; (4) upon bank's confirmation of receipt of payment, confirming registration with filer; and (5) liaising with bank to assure propercommunication between systems. B. Deliverables NetFile will provide a system that permits (1) electronic filing of FPPC Campaign Disclosure Forms and Statement of Economic Interest, 'Form 700 (hereinafter collectively referred to as "FPPC Forms"); and (2) availability ofFPPC Forms in an electronic format (in redacted form) for public viewing of documents over the Internet through a link on the City's website. NetFile will also (3) maintain a database of the FPPC Forms to track filings and generate filing deadline, and amendment letters; (4) allow the City to scan FPPC forms not submitted electronically; (5) standard'Agreement ; Page 15 of 18 City of National City and Revised January 202I Netfile, Inc. maintain and upgrade an elech•onic filing system for locallobbyist forms; and (6) maintain and upgrade an electronic payment system for lobbyist fees. C. Scope of Service 1. For one year from the date of execution of the service agreement, NetFile will maintain and upgrade a system that: (a) For Filers Using the Internet: i. Allows the City to provide to Filers who have their own access to the Internet, a user ID and password which is used to log on to a secure site hosted on NetFile's web server but accessible via the City's web site. ii. Allows Filers who have their own access to the Internet, to log on to, enter data in, and upload to NetFile's secure site electronic formats of FPPC used by the California Secretary of State and by the Fair Political Practice Commission, Statement of Economic Interest Forms, and Local Lobbyist forms. iii. Once the forms have been uploaded, NetFile's secure site validates the submitted filing and notifies the Filer that the filing was accepted or, if declined, explains why the filing was declined. iv. Allows Filers to print a copy, using Adobe Acrobat Reader, of the forms that they upload to NetFile's secure site. (b) v. Allows Filers to access earlier validated electronically filed forms. For Filers Not Using NetFile's Online Campaign Disclosure Forms: i. NetFile will provide to the City information for a Filer to file electronically using the current production version of the CAL format if they are so inclined instead of using NetFile's online service. System will allow any electronic filing in the current production version of the CAL format to be uploaded into NetFile's system either online or by some form of electronic media filed at the office of the City Clerk. (c) For the City: i. When a Filer does not use NetFile's online system, the City shall be allowed to upload to NetFile's secure site FPPC Campaign Disclosure Forms submitted to the City in the current production version of the CAL format. database. Standard Agreement Revised January 2021 ii. Allows tracking of Filers and all electronically filed forms in a Page:16 `of 18 City of National City and Netfile, Inc. iii. Allows City to scan hard copy filings and post to the online searchable database provided a liability-waiver.is signed by the City absolving NetFile of any .liability associated with manually redacted documents not under the control ofNetFile during the redaction process. (d) For All FPPC Forms Uploaded to NetFile's Secure Site: i. Produces two versions in .pdf fonnat of the FPPC Forms: one version, not accessible by the public, will include all information as filed (non -redacted); the other version, accessible by the public, will have all street addresses and bank account information, if applicable, blocked from view. (e) For the Public: i. Allows the public to search and view electronically filed documents (with street addresses and bank account information, if applicable, blocked from view) over the Internet. ii. If a document was not available electronically, NetFile' s secure site will notify the searcher that the document is available for viewing in the office of the City Clerk. 2. NetFile's system will, among other things: • Issue an ID number and password for Filers. • Grant different user access and security levels for City staff. • Store and edit general information about Filers. • Store and edit all filings by individual statement periods where applicable. • Maintain a calendar of events. • Generate notification letters telling the filer of the upcoming filing deadline. • Indicate how filings were received. • Track deadlines for filings and amendments and generate letters notifying Filers of delinquencies. • Track delinquencies and generate letters notifying Filers of fines. • Merge applicable information from the database into Microsoft Word and print the various letters. • Produce mailing labels from the file database for use by the City staff. • Allow the public to search and view the database and complete list of electronic filings (with addresses and bank account information, if applicable, redacted) via the Internet. • Allow the public to search and view the database and complete electronic filings (without addresses and bank account information redacted) on kiosk provided by the City located in office. • Have sufficient back-up hardware and/or software and/or policies and procedures to ensure that data under the control of NetFile, relative to this Agreement, is not irretrievably lost or destroyed. _ Standard Agreement Revised January 2021 • • Page 17of18 City of National City and Netfile, Inc. 3. NetFile will also: Provide unlimited support to the- City staff by email or phone during NetFile's normal working business hours. - _ - 4. All intellectual property, including existing source code or additional source code written for the purpose of developing this system for the City, will be the sole property ofNetFile. If NetFile were to cease operations during the contractual period, NetFile would provide to the City, at no additional charge, all source code relative to the City's system. If the Agreement is terminated or otherwise expires, NetFile will immediately provide the City with electronic copies of any and all data it has collected and recorded. Data format will be agreed upon by both City and NetFile, but at a minimum, data records will be provided in ASCII comma, separated value (CSV) format, with binary images in TIFF, JPG or PDF format. D. Performance Standards Performance standards are based upon providing deliverables according to the timeline for performance as determined by Project Coordinator (City Clerk or their designee), and whether the system meets the expected outcome in terms of timeliness and functionality. NetFile servers have a guaranteed uptime of 99%. F. Additional Terms Submitted by NetFile LIMITATION OF LIABILITY The maximum liability to the City by NetFile and its licensors, if any, under this agreement, or arising out of any claim by the City related to NetFile's services, products, equipment or software for direct damages, whether in contract, tort or otherwise, shall be limited to the total amount of fees received during the last 12 months by NetFile from the City heretmder up to the time the cause of action giving rise to such liability occurred. In no event shall NetFile or its licensors be liable to the City for any indirect, incidental, consequential, or special damages related to the, use of NetFile's services, products, equipment or software or NetFile's failure to perform its obligations under this agreement, even if advised of the possibility of such damages, regardless of whether NetFile or its licensors are negligent. Provided, however, that for any peril or exposure insured against under the insurance required, the limits of liability to City by, NetFile shall not be less than the amount of applicable, valid, and collectible insurance set forth herein. Standard Agreement Revised January 2021 Page 18 of 18 City of National City and Netfile, Inc. ORDINANCE NO. 2021 2486 AN- ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, ADDING SECTION 2.76 TO TITLE 2 OF THE NATIONAL CITY MUNICIPAL CODE "ELECTRONIC AND PAPERLESS FILING OF CAMPAIGN. -f DISCLOSURE STATEMENTS AND STATEMENT OF ECONOMIC INTEREST,' RELATING TO ELECTRONIC AND PAPERLESS FILING OF FAIR POLITICAL PRACTICES COMMISSION CAMPAIGN DISCLOSURE STATEMENTS WHEREAS, California Government Code Section 84615 provides that a legislative body of a local government agency may adopt an ordinance that requires an elected officer, candidate, committee, or other person required to file statements, • reports, or other documents required by Chapter 4 of the Political Reform Act to file such statements, reports, or other documents online or electronically with the Office of the City Clerk. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DOES ORDAIN AS FOLLOWS: SECTION 1: The purpose of this Ordinance is to add the option of filing Campaign Disclosure Statements by elected officials, candidates, or committees and Statements of Economic Interest electronically. The City Council enacts this Ordinance in accordance with the authority granted to cities by state law. This Ordinance is intended to supplement, and not conflict with, the Political Reform Act. SECTION 2: The City Council of the City of National City finds and determines as follows: A. That California Government Code Section 84615 provides that a legislative body of a, local govemment agency may adopt an ordinance that requires an elected officer, candidate, or committee, required to file statements, reports or other documents required by Chapter 4 of the Political Reform Act to file such statements, reports, or other documents online or electronically with the City Clerk; B. In any instance in which the original statement is required,to be filed with the Secretary of State and a copy of that statement is required to be filed with the local government agency, the Ordinance may permit, but shall not require, that the copy be filed online or electronically; C. The City Council expressly fins and determines that the City Clerk's web -based system contains multiple safeguards to protect the integrity and security of data, it will operate securely and effectively, -and it will. not unduly burden filers; and. Specifically; (1) the System will ensure the integrity of the data and includes safeguards against efforts to temper with, manipulate, alter, or subvert the data; (2) the System -Will , Ordinance No. 2021 - 2486 Page 1 of 4 only accept a filing in the standardized 'record format developed by the Secretary of State and compatible with the Secretary of State's system for receiving an online or- electronic filing; and (3) the System will be available free of charge to filers and the public for viewing filings on the City's website. - D. The City Clerk will operate the electronic filing system in compliance with the requirements of California Government Code Section 84615 and; any other applicable laws. TITLE 2 ADMINISTRATION Section 2.76 - ELECTRONIC FILING OF CAMPAIGN DISCLOSURE STATEMENTS AND STATEMENT OF ECONOMIC INTEREST 2.76.010 — General. A. Any elected officer, candidate, committee, or other person required to file statements, reports, or other documents ("Statements") as required by Chapter 4 of the Political Reform Act (California Government Code Section 84100 et seq.) may file such Statements using the City Clerk's online system according to procedures established by the City Clerk. These procedures shall ensure that the online system complies with the requirements set forth in Section 84615 of the Government Code. From and after January 1, 2022, elected officers, candidates, and committees required to file Statements must file such Statements using the City Clerk's online system, unless exempt from the requirement to file online pursuant to Government Code Section 8461 (a) because the officer, candidate, or committee receives Tess than $2,000 in contributions and makes less than $2,000 in expenditures in a calendar year. B. The online filing system shall ensure the integrity of the data transmitted and shall include safeguards against efforts to tamper with, manipulate, alter, or subvert the data. C. The online filing system shall only accept a filing in the standardized record format that is developed by the California Secretary of State pursuant to Section 84602(a) (2) of the California Government Code and that is compatible with the Secretary of State's system for receiving an online or electronic filing. D. The on-line filing system shall include a procedure for filers to comply with the requirement that they sign _statements and reports under penalty of perjury pursuant to Section 81004.of the Government Code. Ordinance No. 2021 - 2486 Page3.of4 2.76.020 - Procedures for Utilizing Online Filing. A. During the period commencing with the effective date of this Ordinance and ending April 2, 2021, an elected officer, candidate, or committee may choose to utilize the electronic filing system by electronically filing a Statement that is required to be filed with the City Clerk pursuant to Chapter 4 of the Political Reform Act. Once the elected officer, candidate, or committee has filed electronically, all subsequent Statements shall be filed electronically. From and after January 1, 2022, electronic filing is mandatory unless the officer, candidate, or committee is exempt as described in Section 1.05.01 0 (A). B. Any elected officer, candidate, or committee who has electronically filed a statement using the City Clerk's online system is not required to file a copy of that document in paper format with the City Clerk. C. The City Clerk shall issue an electronic confirmation that notifies the filer that the Statement was received, which notification shall include the date and the • time that the Statement was received and the method by which the filer may view and print the data received by the City Clerk. The date of filing for a Statement filed on line shall be the day that it is received by the City Clerk. D. If the City Clerk's system is not capable of accepting a Statement due to technical difficulties, an elected officer, candidate, or committee shall file that Statement in paper format with the City Clerk. E. The online filing system shall enable electronic filers to complete and submit filings free of charge. 2.76.030 - Availability of Statements for Public Review; Record Retention. A. The City Clerk's system shall make all the data filed available on the City's webpage in an easily understood format that provides the greatest public access. The data shall be made available free of charge and as soon as possible after receipt. Per Fair Political Practices Commission (FPPC) Regulation 18313.6, the data made' available on the City's webpage shall not contain the street name and building number, phone number,and signature block of the persons or entity representatives listed on the electronically filed forms or any' bank account number required to be disclosed by the filer. The City Clerk's office shall make a complete, unredacted copy of the statement, including any street names, building • numbers, phone numbers, signature ;block, and bank account numbers disclosed by the filer, available to any person upon request. B. Forpaper copies, fees will apply as allowed by the Fair Political Practices Ordinance No: 2021 - 2486 Page 3 of 4 Commission (FPPC) and Government Code Section 81008. Copies must be provided at a charge not to exceed ten (10) cents per page. In addition, filing officers may charge a retrieval fee of up to five dollars ($5.00) per request for copies of statements that are five (5) years or older. A single request for more than one (1) report or statement is- subject to one (1) retrieval fee. Copies may be provided free of charge. C. The City Clerk's Office shall maintain, for a period of at least ten (10) years commencing from the date filed, a secured, official version of each online or electronic statement which shall serve as the official version of that record for purpose of audits and any other legal purpose. 2.76.040 — Severability A. If any provision, clause, sentence or paragraph of this Chapter or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of the provisions of this Chapter which can be given effect without the invalid provision or application; accordingly, the provisions of this Chapter are hereby declared to be severable. SECTION 3: All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. SECTION 4: This Ordinance shall become effective in accordance with applicable law sixty (60) days after adoption to provide for sufficient notice and an educational period. The City Clerk is hereby authorized to use summary publication procedures pursuant to Government Code Section 36933 utilizing a newspaper of general circulation published in the City of National City. PASSED and ADOPTED this 2nd day of March, 2021. ATTEST: Luz Molina, City (Jerk APPROVED AS TOO FORM: Charles,E. Bell Jr., City Alejandra Sotelo-Solis, Mayor Ordinance No. 2021 - 2486 Page 4 of 4 Passed and adopted by -the. Council of, the City of National City, California, on March 2, 2021, by the following vote, to -wit: Ayes: Sotelo-Solis, Rodriguez, Bush, Morrison, Rios Nays: ' None. Absent: None. Abstain: None. AUTHENTICATED BY: By: ALEJANDRA SOTELO-SOLIS Mayor of the City of National City, California Luz Molina City Clerk of the City of National City, California I HEREBY CERTIFY that the foregoing Ordinance was not finally adopted until seven calendar days had elapsed between the day of its introduction and the day of its final passage, to wit, on February 16, 2021, and on March 2, 2021. (}'FURTHER CERTIFY,THAT said Ordinance was read in full prior to its final passage or that the reading of said Ordinance in full was dispensed with by a vote of not less than a majority of, the members elected to the Council and that there was available for the consideration of each member of the Council and the public prior to the day of its passage a written or printed copy of said Ordinance. I FURTHER CERTIFY that the above and foregoing is a full, true, and correct copy of ORDINANCE NO. 2021-2486 of the City Council of *the City of National City, passed and adopted by the Council of said City on March 2, 2021. City Clerk of t City of National City, California By: OVERVIEW Since its ground -breaking launch in 2006, NetFile's FPPC Form 700 e-filing system has received and processed several thousands of electronic Form 700 filings. It is currently being used by more than 50 agencies in California today. The NetFile FPPC Form 700 application ("SEI") is a shared, hosted, cloud -based system comprised of three major architectural components: Admit": Provides features for local agency staff to create, track and correspond with filers Filer: Allows individuals to create, review, print, and e-file their Form 700 documents Public: Displays filed documents to the public on the web SUBMISSION REQUIREMENT #1— Network Topology NetFile Logical Network Diagram Oakland Co -location Facility VPN over dedicated T1 VPN Software -balanced Application Servers Local Log Shipping Target Primary Database Server Loca Backup Target Amazon Web Services Log Shipping Target Backup Target Backup VM Images Target Rev. 1/10/2013 SUBMISSION REQUIREMENT #2 - COI Form 700 Application Development All development/maintenance for the SEI application is performed in Windows 8 using Visual Studio 2013. All application code is written in ASP.NET and C# against the .NET 4.5 runtime. Two third party libraries are used. First, for PDF rendering, we use iTextSharp. Second, for middleware data access, we use DataObjects.NET. The web application pages use code behind files that talk to data access libraries to retrieve and store data. Code integrity is maintained using the Mercurial source control system and Team City build environment. Production The deployed web application suite runs on Windows Server 2012 hosts, with a SQL Server 2008 R2 backend. The operating system for the primary database server is running Windows Server 2008 R2. SUBMISSION REQUIREMENT #3 — Website The website runs on Windows Server 2012, using Microsoft IIS. Two web sites are configured, one for public access and the other for internal services. ASP.NET web applications are stored under virtual directories. The applications run under IIS app pools designed to maximize simultaneous users. The app pools will also auto restart on any detected issues to maximize uptime. Database caching is enabled up to 1GB on reads. ASP.NET web services are used internally to communicate between the admin and filer components of the system. These web services endpoints are not exposed to the public internet, and require ASP.NET authentication. Secure web browsing is available using SSL certification from Entrust, Inc. The SSL encryption uses 128 bit keys. System logging is performed through syslog and all messages are routed to a central logging database. Alerts are triggered on system errors or service outages and sent to NetFile support staff via email and text messages. SUBMISSION REQURIEMENT #4 — Secured Authentication Filers are uniquely identified by their private e-mail address, stored in the NetFile SEI database along with an internal identifier which is also unique. Filer account creation is controlled via the Admin application, which is administered by the Agency Officer or Official. Passwords are randomly generated with a mix of combined words randomly selected from a 59,000 word dictionary scrubbed to remove potentially offensive words. These passwords are distributed by e-mail pointing the filer to a secure website where the password is exposed. The filer can change this password once they log in for the first time. Filers may request a new randomly -generated password at any time through the Filer application. SUBMISSION REQUIREMENT #5 — Security (network, system, application) While NetFile does use Amazon Web Services for additional off -site storage of backup files, all other IT assets of the SEI system are owned and managed by NetFile. The SEI system is located at the Oakland Co -location facility of Digital Realty Trust, a top tier data center. This ensures the highest level of facility -related support, such as power, cooling, and networking infrastructure for NetFile's servers. The facility is,secure, with 24-hour security on site. Primary network security for NetFile's collocation is provided by a High-Availablity pair of SonicWall NSA 2400 devices. These units act as our network firewall and intrusion detection system. All communication between the collocation faciltity and NetFile IT staff is done through VPN connections. SUBMISSION REQUIREMENT #6 — Security Operations (Industry Best Practices) NetFile has been providing online e-filing and disclosure systems since 1998, before most of the rest of the world even though online disclosure was a real possibility. All of our software is carefully reviewed with security in mind — particularly regarding such popular attack vectors as SQL injection, buffer overflows, and server misconfigurations. NetFile utilizes online and internal vulnerability scanning services, such as HackerTarget.com and Netsparker to scan its software on a per -build basis. .AII software in the collocation network is updated on a continuous basis, to ensure all the latest security patches are deployed. SUBMISSION REQUIREMENT #7 — Backup and Restore SQL 2008 R2 Data All transactional data and filing document data is stored in our primary SQL 2008 R2 database. Log shipping is utilized to maintain a hot standby database server at all times, also located in the Oakland facility. Log shipping is also performed to a hot standby database server located in our Mariposa office over the VPN. Additionally, log shipping is performed to a SQL 2008 instance hosted in Amazon Web. Services as a failsafe. Full backups of the SQL data is performed nightly with two copies of the backup files maintained at the Oakland facility. Copies of the full backups are sent nightly to our Mariposa office and Amazon S3 storage. Backups stored in S3 are encrypted. A minimum of ten days of complete backups are maintained. Machine Images and Configuration Data Backup VM images and configuration data files (such as firewall and load balancer configurations) are made after configuration changes to the affected VM/device. These backups are stored in Oakland and Amazon S3. Source Code All NetFile source code related to the SEI system is hosted in Mercurial. A full backup of the Mercurial data is made nightly and copied to multiple locations in the Oakland facility and Mariposa office. SUBMISSION REQUIREMENT #8 — Business Continuity and Planning / Disaster Recovery The NetFile SEI system is designed to provide a significant amount of fail -over redundancy without creating exorbitant costs for our clients. Designing the system to provide a reasonable level of planned fault -tolerance includes: • Dual HA SonicWall NSA 2400 firewall appliances • .Multiple network switches with every server having at least two NIC adapters • Kemp Technologies Load -balancing systems configured in an HA pair • Multiple web servers, load balanced by the Kemp units • Multiple application/processing servers, balanced by our software processes The only 'single point of failure' in the entire SEI system is the primary SQL 2008 database server. The database server itself is as fault tolerant as any single Intel -based server can be with multiple power supplies and RAID 10 SSD disk arrays. If any single device or server apart from the SQL database server failed, NetFile's users should not even be able to notice. Should the SQL database server fail, NetFile IT staff can remotely reconfigure the system to use the hot • standby SQL server (with the log shipped data, so it is fully up to date even as the failure of the primary server occurs) within ten minutes. If there was a more extensive disaster, such as a major earthquake destroying the city of Oakland, the SEI system could be running again within a maximum of six hours with provisioned Amazon EC2 instances. We're currently in the process of evaluating several different backup solutions to reduce our maximum potential outage duration. SUBMISSION. REQUIREMENT #9 — System Access NetFile staff will contact staff to provide appropriate user credentials. �tFiIe FPPC Form 700 System Certification Submission for Local Agencies Last Revised January 2015 Version 2.0 STATE OF CALIFORNIA FAIR POLITICAL PRACTICES COMMISSION 1102 Q Street • Suite 3000 • Sacramento, CA 95811 (916) 322-5660 • Fax (916) 322-0886 Agency E-Filing Information Agency Name: Date: General Information Type of contract — Monthly or annual? Annual Annual/monthly cost Annual Cost of $6,300 For the approved agency above, how many # Comments Filing officials 7 Employees 70 Form 700 filers 70 Please specify type of filersElJudges/Court Code Filers87200 Commissioners Employees that work with Form 700 (note whether part time or full time) 2 E-Filing Information Yes No Comments Is e-filing required? ❑ After January 1, 2022 `: Does your agency post 700s to its website? FA ❑ Only for 87200 Filers Is filing officer training provided? ❑ Is filer training provided? 19f IN E-Filing Information How do you terminate a filer in your system without a leaving office statement? Filer can be terminated manually in the system given the proper circumstances. How is the conflict of interest code presented with the e-filing system? When filer logs in, the filer can see their conflict of interest code. Revised 1/10/2018 ` . ; r?er,File_ AGENCY E-FILING INFORMATION QUESTIONNAIRE Agency E-Filing Information Questionnaire The FPPC requires the agency to complete a questionnaire. Most of the questionnaire is self- explanatory except for the following questions: • Filing officials - These are members of the clerk's staff. • Employees - Total number of employees/members of your organization. • Form 700 filers - The number of employees/members who are required to file the Form 700. • Employees that work with Form 700 (note whether part time or full time) - These are department -level filing officers (liaisons, coordinators) who are not directly employed by the clerk's office. • Does your agency post 700s to its website - NetFile provides your agency with a Public Portal for displaying redacted Form 700 forms. • is filing officer training provided? - Yes, NetFile provides filing officer training. • is filer training provided? - Yes, NetFile provides filer training. • Terminating a filer in your system without a leaving office statement - NetFile's SEI system provides the ability to manually terminate a filer via the termination control on their Filer Dashboard in the Admin system. • How is the conflict of interest code presented with the e-filing system? - When the filer togs in to the system, a link to download the COI code document appears on the home page of the filer application along with the categories that the filer is assigned to. The FPPC assigns a System Acceptance Number (SAN) and e-mails the agency an approval letter once they approve the system. The FPPC usually copies NetFile on the approval letter e-mail. If not, the agency should forward the e-mail to NetFile ASAP as we need to add the SAN number to their SEI system. Once the SAN number has been added NetFile will create a fake account in their live system and generate a sample 700 that includes their SAN number and the date stamp (per the request from the FPPC that comes with the approval letter) and NetFile will send that 700 to the FPPC and copy the agency on it. NetFile will delete the fake filing and account. PAGE - 1 Please note that if -your agency's program includes the conflict of interest disclosure categories, the Commission does not approve the accuracy of such information." -The conflict of interest code categories and the assignments are the sole responsibility of the agency. If you have any questions, please feel free to contact Cyndi Glaser at 916-3275966.- Sincerely, Jue Wang _ Admin. Division Manager Larry Crabtree Chief Information Officer FAIR POLITICAL PRACTICES COMMISSION 1102 Q Street • Suite 3000 • Sacramento. CA 95811 (916) 322-5660 • Fax (916) 322-0886 February 25, 2021 Shelly Chapel City of National City 1243 National City Blvd. National City, CA 95950-4397 Re: Certification of Electronic Filing System for Statements of Economic Interests System Acceptance Number (SAN): 022100355-NFH-0355 Dear Ms. Chapel: Congratulations! We are pleased to inform you that your agency's system for electronic filing of the Statements of Economic Interests (Form 700) has been approved. We are excited to see agencies moving toward electronic filing systems, which have been shown to provide several benefits — time and cost savings for the agency, easier filing and time savings for filers. As a condition of your approval, within 14 days, please provide to us via e-mail a sample Form 700 that includes the required electronic date stamp and the System Acceptance Number (SAN), as assigned above, displayed at the top of the first page of the Form 700. Please continue to use this number on the cover page of all future electronically filed statements. The sample can be e- mailed to Cyndi Glaser at cglaser(cr�fppc.ca.gov. Effective January 1, 2018, for Form 700 statements that are filed electronically and required to be forwarded to the FPPC, your agency's systems are required to allow electronic data exchange with the FPPC electronic system. In addition: • E-mails may contain multiple electronic filings. • Only send one unredacted version of each electronically filed statement. Do not send redacted versions. • Do not e-mail a non -electronically filed statement (i.e., one that contains a signature). These statements must be sent via US postal service as we are required to receive an original signature. As a reminder, pursuant to Regulation 18756, each agency is required to update its system annually to conform with Commission -approved changes to the Form 700. In addition, if a • significant change of product or system architecture takes place or five years have passed since the initial or most recent Commission certification, an agency must request re -certification. The City Hall is Open Monday -Thursday, 7:00 a.m. - 6:00 p.m. We are Closed on Fridays. 2 Shelley Chapel From: Cyndi Glaser <CGlaser@fppc.ca.gov> Sent: Friday, February 26, 2021 1:40 PM To: Shelley Chapel Cc: Tom Diebert; Dana Marcell; Sydney Diebert Subject: RE: FPPC Agency Application Attachments: National City_02252021_Approval Ltr.pdf CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Congratulations! You have been approved for electronic filing. Attached is the approval letter. Let me know if you have any questions. Thavtiledou, CE�v�d% chaser SEE E. v t Mawager s4d141.iwistratizvt. av+,d Techvwlogu Div!-siow Fair Political Practices Commission www.fppc.ca.gov 1102 Q Street Suite 3000, Sacramento, CA 95811 916-327-5966 I 1-866-275-3772 I Fax: 916-322-0883 Confidentiality Notice: This email message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any review, use, disclosure, or distribution not authorized by the intended recipient(s) is prohibited. if you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. From: Shelley Chapel <schapel@nationalcityca.gov> Sent: Thursday, February 18, 20215:43 PM To: SystemSubmissions <SystemSubmissions@fppc.ca.gov> Cc: Tom Diebert <diebert@netfile.com>; Dana Marcell <marcell@netfile.com>; Sydney Diebert <sydney@netfile.com> Subject: FPPC Agency Application Please see the attached for consideration and approval. Kindest regards, Shelley Cfape/, AMC Deputy City Clerk City Clerk's Office City of National City 619-336-4225 phone -- emN4011M14 -- NATIONAL CITY i AFFP 103474 Ord Summary - Chapel Affidavit of Publication STATE OF CALIFORNIA } SS COUNTY OF SAN DIEGO } I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the principle clerk of the printer of THE STAR -NEWS, a newspaper of general circulation, published ONCE WEEKLY in the city of Chula Vista and the South Bay Judicial District, County of San Diego, which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of San Diego, State of California, under the date of January 18, 1973, Case Number 71752; that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: February 19, 2021 That said newspaper was regularly issued and circulated on those dates. SIGNED: Subscribed to and sworn by me this 19th day of February 2021. Chula Vista, San Diego County, California 00003581 00103474 CHERYL NEWELL CV -CITY OF NATIONAL CITY 1243 NATIONAL CITY BLVD. NATIONAL CITY, CA 91950 CITY OF NATIONAL CITY SUMMARY OF PROPOSED ORDINANCE REQUIRING ELECTRONIC SUBMITTAL OF CAMPAIGN DISCLOSURE STATEMENTS AND FORM 700 FILINGS NOTICE IS HEREBY GIVEN THAT at their regular meeting held February 16, 2021, the City Council of the City of National City introduced a proposed ordinance for first reading, which, if adopted, requires electronic submittal of campaign disclosure statements and Form 700 filings. California Government Code Section 84615 allows local government agencies to adopt an ordinance that requires an elected officer, candidate, committee, or other person required to file statements to file online or electronically with the local filing officer. The City Clerk or Deputy City Clerk is the local filing officer for the City of National City. AB 2151, effective January 1, 2021, further requires local government agencies to post on the internet within 72 hours a copy of any campaign filing made (both paper and electronic). Adopting the proposed ordinance is required to implement electronic filings of FPPC Form 700 "Statement of Economic Interest" and submittal of campaign disclosure, and will only apply to those filers that exceed a threshold of $1,000 for expending or receiving campaign funds. The City Council of the City of National City will have the second reading of this ordinance and consider its adoption at the regular meeting to be held on March 2, 2021, at 6:00 p.m. in the National City Council Chamber, 1243 National City Boulevard, National City, California. A full text copy of the proposed ordinance may be reviewed in the Office of the City Clerk of the City of National City at the City of National City Civic Center, 1243 National City Boulevard, National City, California. Dated this 19th day of February, 2021. S:11LUZ MOLINA, CITY CLERK OF THE CITY OF NATIONAL CITY CV103474 2/19/21 Ch. 214 report, or other document required by Chapter 4 (commencing with Section 84100) that is filed with that agency in paper format. If the final day of the 72-hour period is a Saturday, Sunday, or holiday, the period is extended to the next day that is not a Saturday, Sunday, or holiday. Before posting, the local filing officer shall redact the street name and building number of the persons or entity representatives listed on any statement, report, or document, or any bank account number required to be disclosed by the filer. Providing a link on the agency's internet website to the statement, report, or other document satisfies this subdivision. (b) A statement, report, or other document posted pursuant to this section shall be made available for four years from the date of the election associated with the filing. SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. SEC. 3. The Legislature finds and declares that this bill furthers the purposes of the Political Reform Act . of 1974 within the meaning of subdivision (a) of Section 81012 of the Government Code. 0 97 i db STUI of CALIFL .VIA "..'.c:• AUTHENTICATED CiYr[n ELECTRONIC LEGAL I1TER14I ATTACHMENT D Assembly Bill No. 2151 CHAPTER 214 An act to add Section 84616 to the Government Code, relating to the Political Reform Act of 1974. [Approved by Governor September 28, 2020. Filed with Secretary of State September 28, 2020.], LEGISLATIVE COUNSEL'S DIGEST' AB 2151, Gallagher. Political Reform Act of 1974: online filing and disclosure system. The Political Reform Act of 1974 requires the filing of specified statements, reports and other documents. Under the act, a local government agency may require these filings to be made online or electronically with the local filing officer, as specified. The act requires the local filing officer to make all data so filed available on the Internet in an easily understood format that provides the greatest public access. This bill would require a local government agency to post on its internet website, within 72 hours of the applicable filing deadline, a copy of any specified statement, report, or other document filed with that agency in paper format. This bill would require that the statement, report, or other document be made available for four years from the date of the election associated with the filing. By imposing a new duty on local government agencies, this bill would impose a state -mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs'mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act's purposes upon a 2/3 vote of each house of the Legislature and compliance with specified procedural requirements. This bill would declare that it furthers the purposes of the act. The people of the State of California do enact as follows: SECTION 1. Section 84616 is added to the Government Code, to read: 84616. (a) Within 72 hours of each applicable filing deadline, a local government agency shall post on its internet website a copy of any statement, .97 .1/28/2021 hops://leginfo.legislature.ca.gov/faces/printCodeSectionWindow.xhtml?IawCode=GOV&sectionNum=84615.&op_statues=2018&op_chap... (g) The online or electronic filing system shall include a procedure for filers to comply with the requirement that they sign statements and reports under penalty of perjury pursuant to Section 81004. (h).The local government agency shall enable filers to complete and submit filings free of charge. (i) The local filing officer shall maintain, for a period of at least 10 years commencing from the date filed, a secured, official version of each online or electronic. statement, report, or other document filed pursuant to this section, which shall serve as the official version of that record for purpose of audits and any other Iegal purpose. Data that has been maintained for at least 10 years may then be archived in a secure format. (j) Notwithstanding any other provision of law, any statement, report, or other document filed online or electronically pursuant to this section shall not be required to be filed with the local filing officer in paper format. (Amended by Stats. 2018, Ch. 662, Sec. 28. (SB 1239) Effective January 1, 2019. Conditionally operative on date prescribed by Stats. 2018, Ch. 662, Sec. 44.) hops://leginfo.legislature.ca.gov/faces/pri ntCod eSe ction Window.xhtml?IawCode=GOV&sectionNum=84615.&op_statues=2018&op_chapter=662&op_... 2/2 1/28/2021 https://leginfo.legislature.ca.gov/faces/printCodeSectiohWindow.xhtml?IawCode=GOV&sectionNum=84615,&op_statues=2018&op_chap... ATTACHMENT C GOVERNMENT C ,0; DE-GOV TITLE 9. POLITICAL REFORM [8x000 - 91014] ( Title 9 added Jane 4, 1974, by initiative Proposition 9. ) CHAPTER 4.6. Online Disclosure Act of 1997 [84600 - 84616] ( Chapter 4.6 added by Stats. 1997, Ch. 866, Sec. 1. ) A local government agency may require an elected officer, candidate, committee, or other person required to file 84615, statements, reports, or other documents required by Chapter 4 (commencing with Section 84100), except an elected officer, candidate, committee, or other person who receives contributions totaling less than two thousand dollars ($2,000), and makes expenditures totaling less than two thousand dollars ($2,000) in a calendar year, to file those statements, reports, or other documents online or electronically with a local filing officer. A local government agency that requires online or electronic filing pursuant to this section shall comply with all of the following: (a) The legislative body for the local government agency shall adopt an ordinance approving the use of online or electronic filing, which shall include a legislative finding that the online or electronic filing system will operate securely and effectively and would not unduly burden filers. The ordinance adopted by the legislative body for the local government agency may, at the discretion of that legislative body, specify that the electronic or online filing requirements apply only to specifically identified types of filings or are triggered only by identified monetary thresholds. In any instance in which the original statement, report, or other document is required to be filed with the Secretary of State and a copy of that statement, report, or other document is required to be filed with the local government agency, the ordinance may permit, but shall not require, that the copy be filed online or electronically. (b) The online or electronic filing system shall accept a filing in the standardized record format that was developed by the Secretary of State pursuant to paragraph (2) of subdivision (a) of Section 84602, or the local government agency may transition to the Cal - Access Replacement System format, and then the system shall accept a filing in the new standardized record format developed by the Secretary of State pursuant to subdivision (b) of Section 84602, and that is compatible with the Secretary of State's system for receiving an online or electronic filing. (c) The online or electronic filing system shall ensure the integrity of the data transmitted and shall include safeguards against efforts to tamper with, manipulate, alter, or subvert the data. (d) (1) The local filing officer shall issue to a person who files a statement, report, or other document online or electronically an electronic confirmation that notifies the filer that the statement, report, or other document was received. The confirmation shall include the date and the time that the statement, report, or other document was received by the filing officer and the method by which the filer may view and print the data received by the filing officer. (2) A copy retained by the filer of a statement, report, or other document that was filed online or electronically and the confirmation issued pursuant to paragraph (1) that shows the filer timely filed the statement, report, or other document shall create a rebuttable presumption that the filer timely filed the statement, report, or other document. (e) The date of filing for a statement, report, or other document that is filed online or electronically shall be the day that it is received by the local filing officer. (f) The local filing officer shall make all the data filed available on the Internet in an easily understood format that provides the greatest public access. The data shall be made available free of charge and as soon as possible after receipt. The data made available on the Internet shall not contain the street name and building number of the persons or entity representatives listed on the electronically filed forms or any bank account number required to be disclosed by the filer. The local filing officer shall make a complete, unredacted copy of any statement, report, or other document filed pursuant to this section, including any street names, building numbers, and bank account numbers disclosed by the filer, available to any person upon request. https://ieginfo.legislature.ca.gov/faces/printCodeSectionWindow.xhtml?IawCode=GOV&sectionNum=84615.&op_statues=2018&op_chapter--662&op_ .. 1/2 ATTACHMENT B THEREAFTER, PASSED AND ADOPTED at a Regular meeting of said City Council held the " day of , 2021, by the following vote, to wit: AYES: .. NOES: ABSENT: • ABSTAIN: Alejandra Sotelo-Solis, Mayor Attest: Luz Molina, City Clerk Approved as to Form: Charles E. Bell, Jr. City Attorney ATTACHMENT B B. For paper copies, fees will apply as allowed by the Fair Political Practices Commission (FPPC) and Government Code Section 81008. Copies must be, provided at a charge not to exceed ten (10) cents per page. In addition, filing officers may charge a retrieval fee of up to five dollars ($5.00) per request for copies of statements that are five (5) years or. older. A single request for more than one' (1) report or statement is subject to one (1) retrieval fee. Copies may be provided free of charge. C. The City Clerk's Office shall maintain, for a period of at least ten (10) years commencing from the date filed, a secured, official version of each online or electronic statement which shall serve as the official version of that record for purpose of audits and any other legal purpose. 2.76.040 — Severability A. If any provision, clause, sentence or paragraph of this Chapter or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of the provisions of this Chapter which can be given effect without the invalid provision or application; accordingly, the provisions of this Chapter are hereby declared to be severable. SECTION 3: All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. SECTION 4: This Ordinance shall become effective in accordance with applicable law sixty (60).days after adoption to provide for sufficient notice and an educational period. The City Clerk is hereby authorized to use summary publication procedures pursuant to Government Code Section 36933 utilizing a newspaper of general circulation published in the City of National City. INTRODUCED AND READ at a Regular meeting of the City Council of the City of National City, California, held the day of . 2021,. and 4 ATTACHMENT B 2.76.020 - Procedures for Utilizing Online Filing. A. During the period commencing with the effective date of this Ordinance and ending April 2, 2021, an elected officer, candidate, or committee may choose to utilize the electronic filing system by' electronically filing a Statement that is required to be filed with the City Clerk pursuant to Chapter 4 of the Political Reform Act. Once the elected officer, candidate, or committee has filed electronically, all subsequent Statements shall be filed electronically. From and after January 1, 2022, electronic filing is mandatory unless the officer, candidate, or committee is exempt as described in Section 1.05.01 0 (A). B. Any elected officer, candidate, or committee who has electronically filed a statement using the City Clerk's online system is not required to file a copy of that document in paper format with the City Clerk. C. The City Clerk shall issue an electronic confirmation that notifies the filer that the Statement was received, which notification shall include the date and the time that the Statement was received and the method by which the filer may view and print the data received by the City Clerk. The date of filingfor a Statement filed on line shall be the day that it is received by the City Clerk. D. If the City Clerk's system is not capable of accepting a Statement due to technical. difficulties, an elected officer, candidate, or committee shall file that Statement in paper format with the City Clerk. E. The online filing system shall enable electronic filers to complete and submit filings free of charge. 2.76.030 -Availability of Statements for Public Review; Record Retention. A. The City Clerk's system shall make all the data filed available on the City's webpage in an easily understood format that provides the greatest public access. The data shall be made available free of charge and as soon as possible after receipt. Per Fair Political Practices Commission (FPPC) Regulation 18313.6, the data made available on the City's webpage shall not contain the street name and building number, phone number, and signature block of the persons or entity representatives listed on the electronically filed forms or any bank account number required to be disclosed by .the filer. The City Clerk's office shall make a complete, unredacted copy of the statement, including any street names, -.building numbers, phone numbers, signature block, and bank account numbers disclosed by the filer, available to any person upon request. 3 ATTACHMENT B temper with, manipulate, alter, or subvert the data; (2) the System will only accept a filing in the standardized record format developed by the Secretary of State and compatible with the Secretary of State's system for receiving an online or electronic filing; and (3) the System will be available free of charge to filers and the public for viewing filings on the City's website. D. The City Clerk will operate the electronic filing system in compliance with the requirements of California Government Code Section 84615 and any other applicable laws. TITLE 2 ADMINISTRATION Section 2.76 - ELECTRONIC FILING OF. CAMPAIGN DISCLOSURE STATEMENTS AND STATEMENT OF ECONOMIC INTEREST 2.76.010 — General. A. Any elected officer, candidate, committee, or other person required to file statements, reports, or other documents ("Statements") as required by Chapter 4 of the Political Reform Act (California Government Code Section 84100 et seq.). may file such Statements using the City Clerk's online system accordingto procedures established by the City .Clerk. These procedures shall ensure that the online system complies with the requirements set forth in Section 84615 of the Government Code. From and after January 1, 2022, elected officers, candidates, and committees required to file Statements must file such Statements using the City Clerk's online system, unless exempt .from the requirement to file online pursuant to Government Code Section 8461 (a) because the officer, candidate, or committee receives less than $2,000 in contributions and makes less than $2,000 in expenditures in a calendar year. B. The online filing system shall ensure the integrity of the data transmitted and shall include safeguards against efforts to 'tamper with, manipulate, alter, or subvert the data. C. The online filing system shall only accept a filing in the standardized record format that is developed by the California Secretary of State pursuant to Section 84602(a) (2) of the California Government Code and that is compatible with the Secretary of State's system for receiving an online or electronic filing. D. The on-line filing system shall include a. procedure for filers to comply with the requirement that they sign statements and reports under penalty of perjury pursuant to Section 81004 of the Government Code. 2 ATTACHMENT B ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONALITY, CALIFORNIA, ADDING SECTION 2.76 TO TITLE 2 OF TH.E NATIONAL CITY MUNICIPAL CODE "ELECTRONIC AND.PAPERLESS FILING OF CAMPAIGN DISCLOSURE STATEMENTS AND STATEMENT OF ECONOMIC INTEREST,' RELATING TO ELECTRONIC AND PAPERLESS FILING OF FAIR POLITICAL PRACTICES COMMISSION CAMPAIGN DISCLOSURE STATEMENTS WHEREAS, California Government Code Section 84615 provides that a legislative body of a local government agency may adopt an ordinance that requires an elected officer, candidate, committee, or other person required to file statements, reports, or other documents required by Chapter 4 of the Political Reform Act to file such statements, reports, or other documents online or electronically with the Office of the City Clerk. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DOES ORDAIN AS FOLLOWS: SECTION 1: The purpose of this Ordinance is to add the option of filing Campaign Disclosure Statements by elected officials, candidates, or committees and Statements of Economic Interest electronically. The City Council enacts this Ordinance in accordance with the authority granted to cities by state law. This Ordinance is intended to supplement, and not conflict with, the Political Reform Act. SECTION 2: The City Council of the City of National City finds and determines as follows: A. That California Government Code Section 84615 provides that a legislative body of a local government' agency may adopt an ordinance that requires an elected officer, candidate, or committee, required to file statements, reports or other documents required by Chapter 4 of the Political Reform Act to file such statements, reports, or other documents online or electronically with the City Clerk; B. In any instance in which the original statement is required to be filed with the Secretary of State and a copy of that statement is required to be filed with the local government agency,, the Ordinance may permit, but shall not require, that the copy be filed online or electronically; C. The City Council expressly fins and determines that the City Clerk's web -based system-contairis..multiple safeguards to protect the integrity and security of data, it will operate securely and effectively, and it will not unduly burden filers; 'and. 'Specifically; (1) the System will ensure the integrity of the data and includes safeguards against efforts to ATTACHMENT A Implementation of the NetFile system will promote transparency and make it more convenient for committees, individuals, and the public. It provides 24-hour filing and viewing accessibility of campaign finance information from any computer; anywhere. In certain instances, the NetFile program will also increase the accuracy of filed campaign statements by prohibiting any filings that may have inadvertently omitted required information under the Act (e.g. missing addresses or the stated occupation of individual donors). NetFile is already in use by 8 cities here in San Diego County and 180 cities throughout California. The transition to a paperless system will create notable efficiencies for filers, as well as City staff. Statement of Economic Interest (Form 700) This component of NetFile does not require an ordinance and is simply an internal procedure change. However, with the transition to Electronic filing of Campaign Disclosure Statements staff recommends all future reports and other documents filed on behalf of Statement of Economic Interest filers, be filed electronically. The Office of the City Clerk is currently responsible for the annual filing .of all Form 700s, which include the City Council, .Planning Commission, City Manager, City Attorney, City Clerk, Treasurer, designated City employees, Board, Commissions, and Committee members, and consultants. Form 700s occasionally need amendments or are submitted incomplete or without marked schedules attached. The Form 700 electronic filing incorporates an initial review process and alerts the filer of errors at the time he or she is entering information, thereby minimizing the need for the Office of the City Clerk to request amendments. ATTACHMENT A EXPLANATION: BACKGROUND California Government Code Section 84615 (Attachment D) allows local government agencies to adopt an ordinance that:requires an elected ,officer,, candidate, committee,. or other person. required to file statements to file online or electronically: with the a local filing officer. The City Clerk or Deputy City Clerk is,the local filing officer for the City of National City. In order for the City of National City to accept electronically filed statements, the City Council( must adopt an ordinance permitting the use of an online filings system as an option for filing and designating the filings received electronically by the City Clerk's Office as the filings of, record for the City. In addition, the system must operate securely and effectively, be no cost to the filers, be available to the public to view filings, not place an unduly burden on filers, andincluded procedures for filers to comply with the requirement that they sign statements and reports under penalty of perjury. Adoption of the proposed ordinance is required to implement electronic filings of FPPC Form 700 "Statement of Economic Interest" and the campaign finance component of the NetFile system, and will only apply to those filers that exceed a threshold of $1,000 for expending or receiving campaign funds. It should be noted that the NetFile system is able to accommodate the online filing of several types of required forms by the FPPC, including Forms 460, 470, 496, and 497, which are the most commonly.used,inNational City's local election campaigns. The NetFile system is created specifically for cities and counties responsible for administering Campaign finance filings, and Form 700 Statements of Economic Interest, meets the requirements of the Secretary of State, and allows for electronic and paperless filing of campaign statements. Effective January 1, 2021 AB 2151 (Attachment C) now requires local government agencies to post on the Internet within 72 hours a copy of any campaign filing made (both paper and electronic). Any electronic filing through NetFile, is posted in a public portal to include all redactions required by law. To ensure a smooth transition, and as part of the agreement and acquisition of the system, NetFile and the City Clerk's Office can offer extensive training to filers and committees. Staff can schedule one-on-one training with NetFile staff and individual filers and treasurers that will cover the entire electronic filing process. This can include the set-up of filer accounts, explaining the online filing process, showing how to input data and save reports, preparing statements for e-signature, and finalizing statements for electronic filing. In terms of security, the NetFile system is a web -based, vendor -hosted application that utilizes s. "industry best practices" for securing data, using the same data encryption for online filings that is used by banks for online banking. NetFile stores and backs up data at three separate locations, creating the essential safety measures and redundancy that will allow for recovery of information in the event of an emergency or disaster. The City's data will be retained for the required minimum ten (10) year period. For professional treasurers that have already purchased campaign software, NetFile is -able to receive uploaded data from certain types of third -party applications.for electronic filing purposes. • CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE. February 16, 2021 AGENDA ITEM NO. 18 ITEM TITLE: Introduction and first reading of an Ordinance to require electronic submittal of campaign disclosure Statements and Form 700 filings (City Clerk). PREPARED BY Luz Molina, City Clerk Shelley Chapel, Deputy City Clerk PHONE: (619) 336-4225 EXPLANATION: See Attachment A for a full explanation of the proposal. DEPARTMENT: City Clerk's Office APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: ina ce MIS Account No. 629-403-082-281-0000 — Information Systems Maintenance Fund at a cost of $6,300 annually. ENVIRONMENTAL REVIEW N/A ORDINANCE INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION Introduce the attached Ordinance entitled, "An Ordinance of the City Council of the City of National City, California, Adding Section 2.76 to Title 2 of the National City Municipal Code Relating to Electronic and Paperless Filing of Campaign Disclosure Statements land Shall be Titled, "Electronic Filing of Campaign Disclosure Statements and Statement of Economic Interest." BOARD / COMMISSION RECOMMENDATION. N/A 'ATTACHMENTS: 1ttachment A — Explanation Attachment B — Draft Ordinance Attachment C — Assembly Bill 2151 Attachment D — California Government Code Section 202)- 2i Li) zq s,c THEE -HARTFORD THE HARTFORD — BUSINESS SERVICE CENTER 3600 WISEMAN BLVD - SAN ANTONIO TX 7$251 The City of National City, its elected officials, officers, agents, employees and volunteers 1243 NATIONAL CITY BLVD NATIONAL CITY CA 91950-4301 Account Information: Policy Holder Details : NETFILE March 22, 2021 ‘•(;) Contact Us Business Service Center Business Hours: Monday - Friday (7AM - 7PM Central Standard Time) Phone: (888) 242-1430 Fax: (888) 443-6112 Email: agency.services ar?thehartford.com Website: https://business.thehartford.com Enclosed please find a Certificate Of Insurance for the above referenced Policyholder. Please contact us if you have any questions or concerns. Sincerely, Your Hartford Service Team • WLTR005 Y -�►4C`p ri° CERTIFICATE OF LIABILITY INSURANCE • �..------ °ATE`MM,D° YYYY' 03/22/202 i THIS CERTIFICATE IS ISSUED AS AMATTER OF INFORMATION ONLY AND -CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE -HOLDER. - IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the polipy(ies) must be endorsed. If SUBROGATIONIS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER USAA INSURANCE AGENCY INC/PHS ' 65812846 The Hartford Business Service Center 3600 Wiseman Blvd San Antonio, TX 78251 CONTACT " _. NAME: - PHONE (888)242-1430 (A/C, No, Ext): FAX (888)443-6112 (A/C, No): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# INSURED NETFILE PO BOX 70 AHWAHNEE CA 93601-0070 INSURER A : Hartford Accident and Indemnity Company 22357 INSURER B : INSURER C: INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE - ADDL INSR SUER WVD POLICY NUMBER POLICY EFF (MMIDDIYYYY1 POLICY EXP /MMIDDIYYYY) LIMITS COMMERCIAL GENERAL LIABILITY OCCUR EACH OCCURRENCE CLAIMS -MADE DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GEN'LAGGREGATE LIMIT APPLIES PER: POLICY ❑PRO- ❑ LOC JECT OTHER: GENERAL AGGREGATE PRODUCTS-COMP/OPAGG A AUTOMOBILE X _ X LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS SCHEDULED AUTOS NON -OWNED AUTOS X 65 UEC IY4482 04/20/2021 04/20/2022 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 BODILY INJURY (Per person) BODILY INJURY (Per accident) _ X PROPERTY DAMAGE (Per accident) _ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS - MADE EACH OCCURRENCE AGGREGATE DED RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY Y/N PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE -EA EMPLOYEE E.L. DISEASE - POLICY LIMIT DESCRIPTION OF OPERATIONS/LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) Those usual to the Insured's Operations. Certificate holder is an additional Insured per the Commercial Auto Broad Form Endorsement HA9916, attached to this policy. CERTIFICATE HOLDER ANCELLATION The City of National City, its elected officials, officers, agents, employees and volunteers — 1243 NATIONAL CITY BLVD NATIONAL CITY CA 91950-4301 SHOULD -ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF., NOTICE WILL BE DELIVERED _ IN ACCORDANCEWITH THE POLICY PROVISIONS. AUTHORtZEQ EPRESENTATIVE ' ' - - --• ACORD 25 (2016/03) •. , ...©1988-2D15 ACORD_CORPORATION. All rights reserved. The ACORD name and logo arelegistered inagks,of ACORD VCAMPAIGN STATEMENTS - TIMELINE EXAMPLE OF FILING SCHEDULE FOR AN ELECTION: Form ;01 All i candidates muss fife Form 501 (Candidate Intention Statement) before soliciting/receiving contributions. Form 410 (Statement of Organization) must also be filed once $2,000 or more has been raised/spent. rn 4 uin: 41 0. ._ r,rli i;ri c whc„ ria•-:, rakr•cjisparii $2 000 or more file the I orris 460. m11:01e . .�,... - Fair Political Practices Commission Filing Schedule for Candidates and Controlled Committees for Local Office Listed on the November 3, 2020 Ballot Deadline Period Form Notes July 31, 2020 6/30/20 460 or • 460: All committees must file Form 460. Semi -Annual 470 Within 24 Hours 8/5/20 — 11/3/20 497 • File if a contribution of $1,000 or more in the aggregate is received from a single source. Contrlbutron • File if a contribution of $1,000 or more in the aggregate is made to or in connection with another Reports candidate or measure being voted upon November 3, 2020. • The recipient of a non -monetary contribution of $1,000 or more in the aggregate must file a Form 497 within 48 hours from the time the contribution is received • File by personal delivery, e-mail, guaranteed overnight service, or fax. The committee may also file online, if available. Sept 24, 2020 13' Pre -Electron 7/1/20 — 9/19/20 460 or • Each candidate listed on the ballot must file Form 460 or Form 470 (see below). 470 Oct 22, 2020 2'd Pre -Election 9/20/20 —10/17/20 460 • All committees must file this statement. • File by personal delivery or guaranteed ovemight service. The committee may also file online, if available. Feb 1, 2021 Semi -Annual 10/18/20 — 12/31/20 460 • All committees must file Form 460 unless the committee filed termination Forms 410 and 460 before Dec 31, 2020. a r , •, • • r EXAMPLE OF ACTUAL CAMPAIGN FILINGS FOR A CANDIDAT COMMITTEE IN THE NOVEMBER 2020 ELECTION k 34 Different Filings ➢ Total of 395 pages submitted for review, scanning, redacting, posting and filing. Candidate Committee for City Councilmember will have a minimum of 10 filings Form 51. , Form 410 Form 700 ✓ Form 460 1st Pre -Election ✓ Form 460 2nd Pre -Election ✓ Form 496/497 ✓ Form 460 Semi -Annual - January ✓ Form 460 Semi -Annual - July ✓ Form 410 - Terminate Committee ✓ Form 460 - Terminate Committee Does not include any Amendments that may be required if there are errors or changes to be made to a filing previously submitted. Form 410 10 30 2019 Form 410 Amendment 02-13-2020 Form 410 Amendment 11-27-2019 Form 410 Amendment 12-14-2020 Form 410 Termination 02-01-2021 Form 460 1st Pre -Election 07-01-2020 to 09-19-2020 Amendment Form 460 1st Pre -Election 07-01-2020 to 09-19-2020 Form 460 2nd Pre -Election 09-20-2020 to 10-17-2020 Amendment Form 460 2nd Pre -Election 09-20-2020 to 10-17-2020 Form 460 Semi -Annual 2019 Jan - Dec Amendment Form 460 Semi -Annual 2019 Jan - Dec Form 460 Semi -Annual 2020 Jan - Jun Form 460 Semi -Annual 2020 Oct - Dec Amendment Form 460 Semi -Annual 2020 Oct - Dec Form 460 Termination 02-01-2021 Form 497 08-27-2020 Form 497 09-04-2020 Form 497 09-09-2020 Form 497 09-15-2020 Form 497 09-21-2020 Form 497 09-29-2020 Form 497 10-06-2020 Form 497 10-12-2020 Form 497 10-13-2020 Form 497 10-20-2020 Form 497 10-24-2020 Form 497 10-25-2020 Form 497 10-27-2020 Form 501 10-31-2019 Form 700 07-30-2020 Form 410 Amendment & Termination 02-01-2021 Form 460 Semi -Annual & Amendment Oct - Dec 2020 Form 460 Semi -Annual Oct - Dec 2020 Form 460 Termination Jan 2021 Form (Rev. October2018) Department of the Treasury Internal Revenue Service Request for Taxpayer Identification Number and Certification I► Go to www.irs.gov/FormW9 for instructions and the latest information. Give Form to the requester. Do not send to the IRS. Print or type. See Specific Instructions on page 3. 1 Name (as shown on your income tax return). Name is required on this line: do not leave this line blank. NetFile, Inc. 2 Business name/disregarded entity name, if different from above 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check following seven boxes. only one of the 0 Trust/estate ► 4 Exemptions certain entities, instructions Exempt payee Exemption code (if any) (Applies to accounts (codes apply only to not individuals; see on page 3): code (if any) • Individual/sole proprietor or II C Corporation 11 S Corporation III Partnership single -member LLC company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) appropriate box in the line above for the tax classification of the single -member owner. is classified as a single -member LLC that is disregarded from the owner unless the is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single from the owner should check the appropriate box for the tax classification of its owner. ► l• Limited liability Note: Check the LLC if the LLC another LLC that is disregarded • Other (see instructions) from FATCA reporting Do not check owner of the LLC is -member LLC that maintained outside the U S ) 5 Address (number, street, and apt. or suite no.) See instructions. 2707 Aurora Rd Requester's name and address (optional) 6 City. state, and ZIP code Mariposa, CA 95338 7 List account number(s) here (optional) Part 1 Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter. Social security number or Employer identification number 7 7 0 4 8 9 5 1 4 Part II Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later. Sign Here Signature of U.S. person ► A`'t D Date ► 1 / 16/2021 General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information _ returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid) • • • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not retum Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X Form W-9 (Rev. 10-2018) THEE HARTFORD THE HARTFORD BUSINESS SERVICE CENTER 3600 WISEMAN BLVD SAN ANTONIO TX 78251 The City of National City, its elected officials, officers, agents, employees and volunteers 1243 NATIONAL CITY BLVD NATIONAL CITY CA 91950-4301 Account Information: Policy Holder Details : NETFILE March 22, 2021 `Q Contact Us Business Service Center Business Hours: Monday - Friday (7AM - 7PM Central Standard Time) Phone: (888) 242-1430 Fax: (888) 443-6112 Email: agency.services(a�thehartford.com Website: https://business.thehartford.com Enclosed please find a Certificate Of Insurance for the above referenced Policyholder. Please contact us if you have any questions or concerns. Sincerely, Your Hartford Service Team WLTR005 AC. , �. CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 03r22r2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS.UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. - - IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATIONIS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER USAA INSURANCE AGENCY INC/PHS 65812846 The Hartford Business Service Center 3600 Wiseman Blvd San Antonio, TX 78251 CONTACT - NAME: PHONE (888)242-1430 (A/c, No, Ext): FAX (888)443-6112 (A/c, No): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# INSURED NETFILE PO BOX 70 AHWAHNEE CA 93601-0070 INSURER A : Hartford Accident and Indemnity Company 22357 INSURER B : - INSURER C INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUER WVD POLICY NUMBER POLICY EFF (MMIDD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS COMMERCIAL GENERAL L_J LIABILITY I OCCUR EACH OCCURRENCE CLAIMS-MADEI DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL 8 ADV INJURY GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ❑ OTHER: JECT PRO- ❑ LOC GENERAL AGGREGATE • PRODUCTS - COMP/OP AGG A AUTOMOBILE _ X _ X LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS SCHEDULED AUTOS NON -OWNED AUTOS X 65 UEC IY4482 04/20/2021 04/20/2022 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 BODILY INJURY (Per person) BODILY INJURY (Per accident) - X PROPERTY DAMAGE (Per accident) _ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS- MADE EACH OCCURRENCE AGGREGATE DED RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY YIN PROPRIETOR/PARTNERJEXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA PER OTH- STATUTE ER E.L. EACH ACCIDENT - -- - -- --- - E.L. DISEASE -EA EMPLOYEE E.L. DISEASE - POLICY LIMIT • DESCRIPTION OF OPERATIONS /LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Those usual to the Insured's Operations. Certificate holder is an additional Insured per the Commercial Auto Broad Form Endorsement HA9916, attached to this policy. CERTIFICATE HOLDER CANCELLATION The City of National City, its elected officials, officers, agents, employees and volunteers 1243 NATIONAL CITY BLVD NATIONAL CITY CA 91950-4301 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION -DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE - - • • ACORD 25 (2016/03) • ©1988-2015 ACORD'CORP.ORAT.ION: All rights reserved. The ACORD name and logo are registered marks ofACORD: NetFile 2707-A Aurora Ct Mariposa, CA 95338 Phone (209) 742-4100 SERVICE AGREEMENT USER NAME National City USER NAME -BILL TO SAME Z ADDRESS 1243 National City Blvd. ADDRESS re Q 2 CITY National City STATE CA ZIP 91095 Cl'I STATE ZIP UpPRIMARY Z CONTACT Shelley Chapel, MMC PHONEN (619) 336-4225 AP CONTACT PO EMAIL schapel@nationalcityca.gov FAN AP EMAIL AP PRONE R System Cost per System Form 700 E-Filing & Admin System (hosted) and COVID-19 Crisis Special Program No Strings Attached Campaign E-Filing & Admin System (hosted) Free service through 6/30/21 aTotal for both Systems $6,300/year starting 7/1/21 going forward IL Start Date: immediately Initial term end date: 6/30/26 °a 0 z_ Features of NetFile Systems -Hosted platform provided by NetFile - Kiosk mode to view unredacted filings in User's office 2 W -24/7/365 access for filers and public to use - Unlimited support and training to User } -Admin application to manage filers and filings - E-mail based support to filers "' -Filer application for filers to create and file filings - Includes Ethics & Sexual Harassment Training Tracking -Public viewing portal - NetFile pays for initial FPPC Paperless application fee. Z 0 1- USER AGREES TO PAY NETFILE FOR SERVICES IDENTIFIED IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT. AGREEMENT TERM IS STARTING ON THE DATE IDENTIFIED ABOVE. YOU ACKNOWLEDGE RECEIPT ANOAGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ACKNOWLEDGE THAT THE AGREEMENT IS NOT BINDING ON NETFILE UNTIL SIGNED BY BOTH PARTIES. COMPANY NetFile, Inc. Q N E- 0 1- AUTHORIZED SIGNATURE AUTHOR.ZED SIGNATURE D PRI NT NAME PRINT NAME Tom Diebert QTITLE TITLE Vice President & COO DATE DATE 1/27/2020 California Political Treasurers Association 1127-11 th Street, Suite 210 Sacramento, CA 95814 January 1, 2020 Tom Diebert Vice President & COO NetFile, inc. 2707-A Aurora Road Mariposa, CA 95338 Dear Tom: One of the goals of the California Political Treasurer's Association (CPTA) is to promote the concept of paperless electronic filing for Campaign Disclosure statements in California at all levels. As such, we would like to acknowledge NetFile, Inc. and their contributions over the years to the local Agency filing community, specifically County and City Agencies in California. Our members have worked with several of these Agencies and applaud NetFile's efforts in making their Agency system work within the confines of Assembly Bill 2452 which allows local governments to electronically file Campaign Statements in California in a true paperless fashion. We know the first ever paperless filing in CA took place on January 22, 2013 through a CPTA treasurer filing to a NetFile Agency system. Since then we have seen NetFile being adopted by several local government Agencies in CA today. As such, we recommend that all local government Agencies in CA go to a paperless filing system for their Campaign Disclosure filings. From the prospective of the CPTA, we recommend those Agencies use NetFile as their preferred solution. NetFile's background in Campaign Disclosure gives them the unique advantage of having expertise nowhere else available for the local government filing community. The fact that NetFile accounts for over 70% of all filings made to the Secretary of State of CA gives them a distinctive advantage in Campaign Disclosure expertise not found anywhere else. All of the treasurers agree that any filings made to local governments that use the NetFile system, makes the process easy and results in the ultimate level of transparency. We applaud NetFile's efforts in promoting paperless electronic filing in CA and endorse them as the solution of choice for California Local government Agencies. Sincerely, Laura Ann Stephen Vice President, Legislative Affairs For Form 700 Statements of Economic Interests, NetFile leads the way. Starting the end of 2006 for the County of San Bernardino as well as the Cities of Anaheim and San Diego, NetFile beat the competition to the market by 2 years. NetFile has industry exclusive features for the Form 700 system as well like dedicated mobile apps available through GooglePlay for android devices or the Apple App store for iPhones or iPads. One of the most important advantages with NetFile is all your revenue spent with NetFile stays in the USA. Additionally, the philosophy at NetFile is that we are a Service Company not a Software Company. We feel our most important strength is the support we provide our clients. This starts at the top and percolates through every level of our organization. NetFile Social Responsibility Program Because City Clerks compromise our largest customer market segment, several years ago we developed a program geared towards giving back to the community of Clerks. In 2019 we spent over $50k just on the CCAC! This included providing free Workshops for Cities all over CA. We had 135 clerks attend our Workshop in Ontario and 93 attend our Workshop in Mountain View in July 2019. This year, due to Covid, we have provided 5 free web -based workshops free to clerks to help them achieve their CMC or MMC accreditation. Over 900 clerks have attended these sessions to advance their education. If you need any additional information, just let me know. Best regards, Tom Diebert Vice President, NetFile NetFile's Included Main Features - Hosted platform means you don't need to load any software on your servers or apply any updates of security patches - Includes your setup, unlimited support, maintenance, and unlimited training - Automated correspondence and generate filing status reports on the fly - Filer portal (where the filer creates and electronically files their documents) - Industry exclusive Form 700 mobile device filer platform - Your 87200 filers can paperless file directly to the FPPC through the NetFile system - NetFile pays for your initial FPPC $1,000 paperless application fee - Exclusive Campaign Filer training program that includes free telephone training by NetFile - NetFile clients have the option to schedule live Campaign filer trainings in their office with NetFile staff providing the training - Free public viewing portal to display your FPPC 800 series forms you are required to post online NetFile's Exclusive Public Viewing Portal Features NetFile easily gives you the ability to show or not show electronically filed documents. Come January 1, 2021 AB 2151 comes into effect that requires local government agencies (like Cities and Counties) to post on the internet within 72 hours a copy of any campaign filing made (both paper and electronic). Any electronic filing through NetFile, at your option, can instantly be posted online as soon as it is filed. Alternatively, we can set the •default for public viewing to not post instantly to give you the option to click a button to have it show online when you want it to show online. Our systems have several areas that offer customizations like this at no additional cost. Ethics Training and Sexual Harassment Training Tracking & 800 Series Form Public Site The NetFile Form 700 system also includes the ability to track all your Ethics Training and Sexual Harassment Training filers and their filings. The system also comes with a free public viewing portal to display your FPPC 800 series forms. Cross Jurisdictional Electronic Filings NetFile is the ONLY solution that can offer you ,cross jurisdictional filings to all of our Form 700 agencies. The reason we can do this and others can't is ALL of our clients use our hosted solution. Just tell us which filers of yours file to our other agencies and we can link them at the database level to make their paperless filing easy across all their agencies. How Long Does it Take to Setup? Currently our lead time is 2 days to set up a new agency. For Form 700 the FPPC has to approve you to become paperless and this takes approximately 2 weeks. To become a paperless filing agency for Campaign Disclosure requires an ordinance change. We can send you ordinances from other Cities to review. The NetFile Difference The City of Santa Clara was our first Campaign agency back in 2003. The City of San Diego made history with our Campaign system having the first ever paperless campaign statement filed on January 22, 2013. Changing your ordinance is all you have to do! As mentioned above, I can send you samples of other agencies ordinances so you don't have to reinvent the wheel for your - ordinance. • • •The, California Political Treasurers Association has endorsed NetFile as the preferred system for " lo_cargovernment clients. Attached is a press release about this. NetFile NetFile 2707 Aurora Road Mariposa CA 95338 Tel (209)742-4100 Fax (209)391-2200 November 24, 2020 Shelley Chapel, MMC National City, City Clerk's Office 1243 National City Blvd. National City, CA 91950 Dear Shelley: Thank you for your e-mail today. As promised, here is some background information as well as a proposal for our e-filing and administration systems for both the Campaign Disclosure and Form 700 SEI filings. How NetFile Works NetFile is a hosted solution that provides you with an extremely affordable system that will enable your filers to electronically file Campaign Statements and/or Form 700 filings. Who Uses NetFile NetFile is being used by over 180 local government agencies in CA today. For Cities, NetFile dominates this market space. Over 72% of Cities in CA using a Form 700 e-filing system and over 95% of Cities in CA using a Campaign e-filing system use NetFile. We have 8 Cities in San Diego County alone that are clients! In Southern CA our City clients include the Cities of Adelanto, Agoura Hills, Anaheim, Arroyo Grande, Azusa, Burbank, Carlsbad, Chula Vista, Coronado, Covina, Culver City, Desert Hot Springs, Downey, Eastvale, Escondido, Fresno, Fullerton, Garden Grove, Glendale, Glendora, Hesperia, Huntington Beach, Indio, Irvine, Lake Elsinore, Lake Forest, La Mesa, Lancaster, Manhattan Beach, Menifee, Monrovia, Montclair, Murrieta, Newport Beach, Oceanside, Orange, Palmdale, Palm Springs, Pasadena, Perris, Rancho Cucamonga, Redondo Beach, Rialto, San Bernardino, San Diego, San Dimas, San Gabriel, San Luis Obispo, Santa Ana, Santa Barbara, Santa Fe Springs, Santa. Maria, Santa Monica, Santee, Shafter, South Pasadena, Temecula, Torrance, Victorville, West Hollywood, Westminster, and Wildomar. Our County clients in Southern CA include the Counties of Kern, San Bernardino, San Luis Obispo, Riverside, and Ventura. Other outside agencies in Southern CA include Banning Unified School District, Desert Water Agency, Kern County Employers Training Resource, Gold Coast Health Plan, Irvine Ranch Water District, LA Care Health Plan, Metro Gold Line, Riverside County Transportation Commission, Riverside Transit Agency, Riverside Unified School District, San Bernardino Community College District, South Coast Air Quality Management District, Southern California Association of Governments, and the WRC Regional Conservation Authority. Cost Information NetFile does not have any hidden costs. No setup fees to worry about. Our ongoing fee includes everything (unlimited training, support, maintenance). All form changes and system updates are included as well. The cost for our systems for you would be as follows: Form 700 System & Campaign Disclosure Paperless Filing systems: $7,000/year ongoing Less 10% NetFile Friends & Family Discount: ($700/year ongoing) Total after discount: - $6,300/year ongoing C FORM 700 INFO SHEET Document Viewing Portal - Public Transparency Site You can choose to have your filers' documents shown over the internet in redacted form with your own redaction specifications. You can even narrow down which filers you would want to show. ADVANCED PUBLIC SEARCH INCLUDED! This means you can search for elements across all your electronically filed data. This guarantees the utmost in transparency for the public to view the filed data. Document Viewing Portal - Private Site The system also comes with a kiosk mode that allows you to show filings in unredacted form, but only in your office. That way if someone walks in requesting to view a filing, you can just point them to one of your computers to search for the filings. They could print to your internal printer if they want to purchase a hard copy. No more pulling files and making copies that waste valuable staff time! NetFile is Number One in California NetFile is California's first internet based accounting, disclosure, and data management system. Our clients accounts for well over half of all electronic disclosure document filings in the state of California. For our local government platform, there have been hundreds of thousands of e-filings made from both our Form 700 SEI filing and admin system as well as our Campaign Disclosure filing and admin system. Unparalleled Training and Technical Support Our business model is based on an ongoing service with no long term contractual commitments from our clients. This guarantees you the best in training and support! Contact Information: Company Name: Address: Phone: Phone: Fax: E-mail: Website: NetFile, Inc. 2707 Aurora Road Mariposa, CA, 95338 (209) 742-4100 (Main. Line & Support) (559) 250-4847 (Local Government Sales) (209) 391-2200 sales@netfile.com www.netfile.com NetFile also has an e-filing system for local governments for their Campaign Disclosure filings and administration of FPPC Forms 410, 450, 460, 461, 470, 496 & 497. HE E-FILING LEADER Paperless Filing Solution FPPC Form 700 ''TATEMENT OF ECONOMIC INTERESTS rul-NetFile NetFile's advantages.. E-FILING & ADMIN SYSTEM Forms 700/800/Plus Forms Training Tracking Make your hard to track paper filing system obsolete with the most experienced and leading provider of a -filing systems! NetFile does support paperless as well as paper -filed documents. Being hosted online, the agency, filer, and public can access the system at any time day or night. NetFile is an extremely affordable solution for all sizes of local government agencies. Our system comes with around the clock support that is 100% based in California — no need to worry about foreign based programming or support. Hosted Platform FPPC Approved Setup Included Ethics & Sexual Harassment Training Tracking Filer Application Video Tutorials Public Portal Internal Kiosk Unlimited Support Unlimited Training Industry Innovator Industry Leader Support Driven Data Security Fact: Fact: Fact: NetFile's support is based from the top down. NetFile considers itself to be a support and service company. Nobody takes care of their clients like NetFile! Electronic Filing Filers can no longer make mistakes that would cause them to amend their filings for missing required fields. All the filers' data from previous filings that can be used for future filings is retained to make their next filing extremely easy! Drafts can be generated at any time for review prior to filing. A link from your website starts the process. NetFile servers ensure fast and efficient filings. Online video tutorials and documentation makes it easy for filers! Agency Management Tool The system acts as your repository of filers and filings. Create the filers in the database just once. Notifications can be sent out through the system to filers. Track your filers and their deadlines through our advanced filing status report. Includes several industry exclusive tools to push information to staff regarding filers and their filings. Campaign Disclosure INFO SHEET Document Viewing Portal - Public Transparency Site You can choose to have your filers' documents shown over' the internet in redacted form with your own redaction specifications. You can even narrow down which filers you would want to show. ADVANCED PUBLIC SEARCH INCLUDED! This means you can search for elements across all your electronically filed data. This guarantees the utmost in transparency for the public to view the filed data. Document Viewing Portal - Private Site The system also comes with a kiosk mode that allows you to show filings in unredacted form, but only in your office. That way if someone walks in requesting to view a filing, you can just point them to one of your computers to search for the filings. They could print to your internal printer if they want to purchase a hard copy. No more pulling files and making copies that waste valuable staff time! NetFile is Number One in California NetFile is California's first Internet based accounting, disclosure, and data management system. Our clients accounts for well over half of all electronic disclosure document filings in the state of California. For our local government platform, there have been hundreds of thousands of e-filings made from both our Form 700 SEI filing and admin system as well as our Campaign Disclosure filing and admin system. Unparalleled Training and Technical Support Our business model is based on an ongoing service with no long term contractual commitments from our clients. This guarantees you the best in training and support! Contact Information: Company Name: Address: Phone: Phone: Fax: E-mail: Website: NetFile, Inc. 2707 Aurora Road Mariposa, CA, 95338 (209) 742-4100 (Main Line & Support) (559) 250-4847 (Local Government Sales) (209) 391-2200 sales@netfile.com www.netfile.com NetFile also has an e-filing system for local governments for Statements of Economic Interests FPPC Form 700 as well as Ethics Training Tracking and Sexual Harassment Training Tracking. HE E-FILING LEADER Paperless Filing Solution Campaign Disclosur FPPC CAMPAIGN FORMS NetFile's advantages.. Hosted Platform Setup Included Filer Application Public Portal Internal Kiosk Unlimited Support "nlimited Training Free Filer Training 3rd Party Uploads CA Based Support Preferred by CPTA Industry Innovator Industry Leader Support Driven ata Security E-FILING & ADMIN SYSTEM Campaign Statements Made Simple and Secure Make your hard to track paper filing system obsolete with the most experienced provider of Campaign Disclosure systems! NetFile supports paperless as well as paper filed documents. Being hosted online, the agency, filer, and public can access the system any time day or night. NetFile is an extremely affordable solution for all sizes of local government agencies. Our system comes with around the clock support that is 100% based in California - no need to worry about foreign based programming or support. Fact: NetFile's support is based from the top down. Fact: NetFile considers itself to be a support and service company. Fact: NetFile DOES NOT make contributions to local candidate controlled committees! Electronic Filing First time filers can request free live software training from NetFile staff! Filers can input their data as they go or all at one time. Drafts can be generated at any time for review prior to filing. A link from your website starts the filing process. The site is hosted by NetFile but looks just like your site. NetFile servers ensure fast and efficient filings. The submitted filing is validated to stop amendments from happening in the first place. Online documentation available for the filer to make filing easy! Agency Management Tool The system acts as your repository of filers and filings. Create the filers in the database just once. Notifications can be sent out through the system to tilers. Track your filers and their deadlines through our advanced filing status report. Includes several industry exclusive tools to push information to staff regarding filers and their filings. STATE OF CALIFORNIA FAIR POLITICAL PRACTICES COMMISSION 1102 Q Street • Suite 3000 • Sacramento, CA 95811 (916) 322-5660 • Fax (916) 322-0886 7. Terms and Conditions A certification fee of $1,000 payable to the Fair Political Practices Commission. The Commission may at its discretion, charge a $1,000 re -certification fee depending on the complexity of the system review. Emergency filings — In the event that the electronic system becomes inoperable and unable to receive electronic filings, the agency shall, within 24 hours, contact the FPPC. The FPPC will provide an emergency plan that provides for the most timely filing of statements. The emergency plan may require paper submissions or other filing options in order to meet the Act's requirements. The agency's contact person identified on the application on will be the FPPC's point of contact for any issues relating to the Form 700 and accompanying instructions. The vendor's contact person will be the FPPC's point of contact for information on technology questions. The agency is required to maintain adherence to FPPC requirements following certification and must notify the FPPC of any proposed changes to the system that would impact criteria outlined in the legislation or regulation. These terms and conditions are subject to change. Following system approval all agencies will be responsible for ensuring all electronic SEI submissions must have an electronic data stamp and the System Acceptance Number (SAN) displayed at the top of the first page of the Form 700. The SAN will be provided to the agency at the time of system approval and will be in the following format: (000000000-AAA-0000) All agencies must comply with Government Code Section 87500.2 and FPPC Regulation 18756. Any additional pages or forms that are not part of the standard Form 700 generated by the FPPC will be clearly identified as not being part of the form 700. An agency shall not use the electronic program until certification is approved. An agency that submits a re -certification request must provide information related to any changes since the last FPPC approval. Important Note: Effective January 1, 2018, for Form 700 statements that are filed electronically and required to be forwarded to the FPPC, your agency's systems are required to allow electronic data transfer with the FPPC electronic system as part of this approval requirement. 4 FPPC System Submission Form (Aug/2018) FPPC Advice: systemsubmissions@fppc.ca.gov (866/275-3772) www.ippc.ca.gov STATE OF CALIFORNIA FAIR POLITICAL PRACTICES COMMISSION 1102 Q Street • Suite 3000 • Sacramento, CA 95811 (916) 322-5660 • Fax (916) 322-0886 9) The agency agrees to audits of the approved and certified electronic filing system to evaluate its performance and compliance with the requirements of this section. JYes ❑No 10) To permit compatibility among systems, an agency's electronic filing system for statements of economic interests under Section 87500.2 shall accept a fling using a system that permits data to be exported to a common file format such as comma separated values (CSV) or Extensible Markup Language (XML), allowing the data to be easily retrieved on a variety of spreadsheet and database applications. ❑✓ Yes ❑ No 11) In addition to the requirements set forth in Section 87500.2, an agency's electronic filing system for statements of economic interests shall include the necessary industry best practices to ensure that the integrity of the data and information is not jeopardized or compromised by using technology such as: a) Secured authentication b) Complex password requirements c) Secure sockets layer (SSL) d) Web encryption e) Enterprise -level network firewalls f) Database encryption g) Password encryption h) System hardening procedures i) Backup and restore process j) Disaster recovery capability k) The capability to completely redact or omit information from an Internet posting of the form. Yes ❑ No 6. Verification The Fair Political Practices Commission is the only agency with authority under the Political Reform Act to adopt the statement of economic interests and its accompanying instructions. Therefore, the agency identified above agrees that it will not make any changes, edits, or redactions to the Form 700 and informational materials approved by the FPPC. The agency understands that any relevant supplemental information or training the agency will provide the filers will be subject to FPPC review. The agency agrees that any additional reporting required pursuant to the agency's rules or regulations will be in a clearly identified separate document of form. Failure to comply may result in revocation of the electronic filing system. Initials of signator TW The undersigned agency head or designated agent certifies that he/she has read the conditions for certification and agrees to follow all applicable procedures. The submission conditions and FPPC Regulation 18756 are available on the FPPC website at www.fppc.ca.gov. Printed Name Tony Winney Signed on 02/18/2021 (month, day, year) 3 FPPC System Submission Form (Aug/2018 FPPC Advice: systemsubmissions@fppc.ca.gov (866/275-3772 www.fppc.ca.gov STATE OF CALIFORNIA FAIR POLITICAL PRACTICES COMMISSION 1102 Q Street • Suite 3000 • Sacramento, CA 95811 (916) 322-5660 • Fax (916) 322-0886 5. An agency's proposed electronic filing system agrees to meet the following requirements: 1) The statement of economic interests filed electronically shall include an electronic transmission that is submitted under penalty of perjury and that conforms to subdivision (b) of Section 1633.11 of the Civil Code. Yes ❑ No i 2) The agency's filing officer shall issue to a person who electronically files his or her statement of economic interests or amendment an electronic confirmation that notifies the filer that his or her statement of economic interests or amendment was received. The confirmation shall include the date and the time that the statement of economic interests or amendment was received by the filing officer and the method by which the filer may view and print the data received by the filing officer. Yes ❑ No / 3) A copy retained by the filer of a statement of economic interests or amendment that was electronically filed and the confirmation issued pursuant to subparagraph (A) that shows that the filer timely filed his or her statement of economic interests or amendment shall create a rebuttable presumption that the filer timely filed his or her statement of economic interests or amendment. Yes ❑ No ✓ 4) The agency shall utilize an electronic filing system that includes layered security to ensure data integrity. Yes ❑ No ✓ 5) The system shall have the capability to uniquely identify a filer electronically when he or she accesses the electronic filing system. Yes ❑ No F4 6) The operational process for the system shall include industry best practices to ensure that the security and integrity of the data and information contained in the statement of economic interests are not jeopardized or compromised. Yes ❑ No p 7) The agency shall provide the public with a copy of an official's statement of economic interests upon request, in accordance with Section 81008. The copy of the electronically filed statement of economic interests shall be identical to the statement of economic interests published by the Commission and shall include the date that the statement was filed. Yes ❑ No ✓ 8) The agency shall have the ability to redact information on a statement of economic interests prior to posting the statement of economic interests on the Internet. a) 18313.6. Online Posting: Redacting Personal Information. (a) At the request of an elected officer, Commission Staff shall redact the following information from the official's statement of economic interest for purposes of the online posting under Regulation 18313.5(b) if the elected officer has a reasonable privacy concern related to an individual's address, or a family member's name or other personally identifiable information: i. The address of the individual. ii. The name of the family member. iii. The address of an entity at which the family member is employed. iv. The name of any entity if the name of the entity would reveal the name of the family member or the address at which the family member lives or is employed. Yes ✓ • No 2 FPPC System Submission Form (Aug/2018) FPPC Advice: systemsubmissions@fppc.ca.gov (866/275-3772) www.fppc.ca.gov STATE OF CALIFORNIA FAIR POLITICAL PRACTICES COMMISSION 1102 Q Street • Suite 3000 • Sacramento, CA 95811 (916) 322-5660 • Fax (916) 322-0886 Application to Obtain Certification of Electronic Filing System for Processing a Statement of Interests, Form 700 1. This application is for the following agency: Name of Agency City of National City Check if this is your initial request for certification or if this is for re -certification I4 Initial ❑ Re -Certification Agency (Check ❑ State One) ❑ Special District ❑ Other ❑ County ✓ City Business Street Address 1243 National City Boulevard City National City State CA 2. The agency Name (Last, Chapel, Shelley Zip Code 91950-4397 contact for questions relating First) Email clerk@nationalcityca.gov to certification: Title Deputy City Telephone Number 619-336-4228 Clerk Email schapel@nationalcityca.gov Telephone Number 619-336-4228 3. Vendor or service provider: Vendor Name NetFile, Inc Contact Name (Last, First) Diebert, Tom Title VP Email diebert©netfile.com Telephone Number 209.742.4100 a) Has the vendor or service provider been previously approved by the FPPC? (If response is (No), please complete section 4) ✓ Yes • No If response was yes, has the vendor or service provider system been modified which changes the previously approved system specifications or network diagram? (If response is (Yes), please complete section 4) ❑ Yes ✓ No 4. New vendor The agency seeking interests shall a) A description showing include i. ii. iii. These documents or service provider requirements: of an electronic filing system for statements Commission: system that the agency proposes to use requirements of Section 87500.2, and to this application of economic with documentation this regulation will approval and certification submit the following to the of the electronic filing compliance with the technical the following: System overview Specifications Network diagrams shall be submitted as attachments 1 FPPC System Submission Form (Aug/2018) FPPC Advice: systemsubmissions@fppc.ca.gov (866/275-3772) www.fppc.ca.gov riletriRle FORM 700 DEPARTMENT AND FILER UPLOAD TEMPLATES Last SH Filing Date - Enter the last Ethics Training date only if your agency is using our Ethics Training Tracking system. Contact Dana Marcell at (209) 742-4100 for further information. Columns AA and AB - Please do not delete the information in these columns. It is required for the selection lists. Note: You don't have to use the selection list for every cell requiring you to make a selection. You can copy/paste the option. For example, if your agency does not use the Ethics tracking system, select No for the first filer in the Is Ethics Filer column, copy the cell and then paste to all other filer cells in the Is Ethics Filer column. MULTIPLE DEPARTMENTS, POSITIONS, FILER CATEGORIES A filer can be attached to more than one department, position and Filer Categories. If you need to attach multiple departments/positions/categories to a filer: List each department in the Department column using a tilde (-) between the department names with no spaces between. For example, Finance -Administration -City Manager. List each position in the Position column using a tilde (-) between the position names with no spaces between. For example, Finance Manager -Interim City Clerk -City Manager. • List each Filer Category, or set of Filer Categories, in the Filer Category column using a tilde (-) between the category or category set with no spaces between. For example, 1,2,3-1-1. The examples above translate to: • The filer holds the position of Finance Manager in the Finance department and this position must file for Filer Categories 1, 2 and 3. • The filer holds a second position of Interim City Clerk in the City Clerk department and this position must file for Filer Category 1. • The filer also holds a third position of City Manager in the City Manager department and this position must file for Filer Category 1. FILER UPLOAD SPREADSHEET PAGE - 4 frt. GRie FORM 700 DEPARTMENT AND FILER UPLOAD TEMPLATES • MailingAddressl - This is the address that will appear on the Form 700 cover page unless changed by the filer, so we encourage clients to use the business address. Do not enter suite, floor, apartment, etc. numbers/letters on this line. Use the MailingAddress2 instead. • MailingAddress2 - Not required, but you may use this line to add suite, floor, apartment, etc. numbers/letters. • MailingCity - Enter the name of the city. • MailingState - Enter two -characters state abbreviations (e.g., CA). • MailingPostalCode - Enter the 5 digit postal code. • Email - Each Form 700 filer must have a unique e-mail address. If you do not have an e-mail address for an individual, you may use a bogus a -mail address that must include our special domain of "®bogus.zzz". For example, a bogus e-mail address for John Doe would be John.Doe®bogus.zzz. We can update the e-mail address in the system at a later date. • Filer Category - These are the disclosure categories assigned to each position as part of your Conflict of Interest Code. If attaching multiple filer categories to a filer with one position please enter them in the format 1,2,3 etc. (no spaces). For filers with multiple positions, see "Multiple Departments, Positions, Filer Categories" on page 4. Note: For 87200 or 87300 filers who are not covered by your agency's conflict of interest code, you may use a Filer Category of "87200" or "State Law". State agencies may use "87300" or "State Law". • Emp ID# - If your agency uses Employee IDs, enter the IDs if you want this information to be included and displayed for each filer. This field is not required unless you require an Employee ID. • Assuming Office - This column is to indicate that the filer needs to be added with an Assuming Office requirement. If that is true then enter the assuming date in this column for that filer. If this is not true for the filer leave the field blank. This is especially critical if the filer has an assuming office date in the last quarter of the year. In this case the system will exclude the filer from the next annual requirement. This is also true if we are uploading your filers in the first quarter of the year and the filer(s) assumed in the first quarter. • Alternate Name - The alternate name for the position. This field is not required. • Position Number - If your agency uses position numbers, enter the position number. This field is not required. • Is Ethics Filer - Select No, unless your agency is using our Ethics Training Tracking system. Contact Dana Marcell at (209) 742-4100 for further information. • Last Ethics Filing Date - Enter the last Ethics Training date only if your agency is using our Ethics Training Tracking system. Contact Dana Marcell at (209) 742-4100 for further information. • Is Sexual Harassment Filer - Select No, unless your agency is using our Sexual Harassment Training Tracking system. Contact Dana Marcell at (209) 742-4100 for further information. FILER UPLOAD SPREADSHEET PAGE - 3 rld-Ple FORM 700 DEPARTMENT AND FILER UPLOAD TEMPLATES Filer Upload Spreadsheet REQUIRED INFORMATION The following columns must contain filer information: • Department • Departments cannot have a comma in their name. This causes the upload to fail. • Commissions, Fire Districts, Water Districts etc. are considered by our system to be Departments. If you are entering Filers attached to entities such as those, please also enter on the Department spreadsheet. • If a department is listed on the filer spreadsheet then the department needs to be listed on the department spreadsheet (only one entry per department on the department spreadsheet). Please make sure that the name of the department on the department spreadsheet is EXACTLY the same as on the filer spreadsheet. For example, "Health and Safety" is not the same department in the system as "Health Et Safety". See "Multiple Departments, Positions, Filer Categories" on page 4 for information about adding more than one department for a filer. • Position - Each filer must have a position. See "Multiple Departments, Positions, Filer Categories" on page 4 for information about adding more than one position for a filer. • FirstName - Each filer must have a first name. • MiddleName - A middle name or initial is optional. • LastName - Each filer must have a last name. • Prefix - A prefix is optional (e.g., Dr., Mr.) • Suffix - A suffix is optional unless your have father/son with the same name, then enter Jr. or Sr. as appropriate to distinguish between the two. • Filer Type - Select a filer type for each filer: • _700 - This is a non-87200 (or 87300) filer. These individuals must file the Form 700. • _87200 - These individuals are covered by the state's 87200 (or 87300) section of government code, not your agencies conflict of interest code. • GeneralFiler - If you are using either, or both, of our Ethics Training Tracking or Sexual Harassment Training Tracking systems, a GeneralFiler is an individual is not required to file the Form 700, but does need to take Ethics and/or Sexual Harassment training. • WorkPhone - Each work phone number needs to be 10 digits (so include area code). Do NOT enter extensions - this will cause the upload to fail. Using a general number for all filers is fine. The filers can change the phone number on their Form 700. FILER UPLOAD SPREADSHEET PAGE - 2 FORM 700 DEPARTMENT AND FILER UPLOAD TEMPLATES Form 700 Department and Filer Upload Templates Please read and follow the information presented below before you enter information on the Department and Filer upload templates. General Information NETFILE CONTACT Dana Marcell - (209) 742-4100 or marcetl@netfile.com DUPLICATE FILERS Each fifer should be listed on the Filer Upload Spreadsheet only once. Do not duplicate filers! This causes the system to create multiple accounts for the same person. If a filer has multiple positions, all the positions must be listed in the same row. See "Multiple Departments, Positions, Filer Categories" on page 4 for information about including multiple departments, positions and Filer Categories. SPREADSHEET HEADINGS AND COLUMNS Please do not change the heading text for any column. Also, do not move or delete any columns from the spreadsheets even if you do not enter data into a column. Changing a column heading, moving or deleting a column will cause the upload to fail. TEXT CASE If you enter your data in all caps then your data will appear in our system as all caps. Please enter the data in upper/lower case if that is how you want your data to appear in our system. MODIFIED: Februry 4, 2020 PAGE - 1 REQUIRED SYSTEM FEATURE CHECKLIST 1. E-mail notification of filing YES. All e-filing submissions to NetFile's SEI system receive an e-mail indicating success or failure of the submission. 2. Electronic confirmation number 1 YES. All e-filings accepted by NetFile's SEI system are issued a unique filing ID. -This ID is listed on. the Public portal and rendered onto the PDF representation of the e-filing. 3. Electronic signature (date/time stamp) YES. All e-filings accepted by NetFile's SEI system are time -stamped, and can be related back to an individual's private e-filing\credentials.. 4. Extractable COI data in a common file format YES. All e-filings generated or accepted by NetFile's SEI system are XML data documents, which pass through a PDF rendering process for presentation and printing purposes.- 5. Auto -populate filer information YES. Previous year e-filings auto -populate the following year form. Additionally,' changes to a filer's departments or positions during the year are available for easy selection into the new form, along with the previous year's departments and positions. 6. Previous year filings YES. A filer is able to review, reprint or amend any previous filing -they have created using the SEI system. 7. Public website available 24x7x365 YES. NetFile's web portals into the SEI system are always available. 8. FPPC Pamphlet Online YES. FPPC-provided manuals and instructions are readily available to all filers while using the system. , 9. System assistance hotline YES. Local cities and counties using the NetFile SEI system provide telephone help desk support to their filers. 10. Online password management YES. Filersor agency administrators may reset their passwords at any time. 11. Account registration process YES. NetFile provides local agencies with helpful documentation and procedures along with on - site training seminars that have worked well for other jurisdictions to achieve a high percentage of initial e-failing adoption by their filers. Additionally, NetFile imports personnel database records to initially populate the Admin system.